PART 1 – General Provisions

PART 2 – Agency Services

PART 3 – Foster Home Certification

PART 4 – Foster Care Services

PART 5 – Independent Living Services

PART 6 – Adoption Evaluation Services

PART 7 – Adoption Placement Services

PART 1 – General Provisions

PART 2 – Agency Services

R 400.9205  

Q-What is a “human services organization”?

A-Such organizations are entities that directly work with and provide services to people.

 

Q-Does an education variance follow a worker who moves from one agency to another?

A-YES, if the worker is in a similar position at the new agency.  The variance is for the specific worker, not the agency.

 

Q-Is a borrowed home part of a workload?

A-The rule requires an agency to have a sufficient number of competent staff to carry out the provisions covered by these rules.  Since R400.9315 covers borrowed homes, an agency must demonstrate how their staffing arrangements enable the agency to meet the requirements of R400.9315 .

 

Q-Are adoptive family evaluations a part of a workload?

A-The rule requires an agency to have a sufficient number of competent staff to carry out the provisions covered by these rules.  Since R400.9605 covers adoptive evaluations, an agency must demonstrate how their staffing arrangements enable the agency to meet the requirements of R400.9605 .

 

R 400.9206 

Q-If a person has a criminal record can they work for an agency?

A-YES, the rule requires the agency to have staff who are of good character and where a conviction record exists, to make a written assessment of the record.  The assessment must take into account the nature of the conviction, when the conviction occurred, and must document how the person has been rehabilitated.

 

R 400.9207(2a) 

Q-When is the first annual assessment to be completed by the agency administrator?

A-The agency administrator sets the schedule.  An assessment must be done at some time during the calendar year.

 

 

R 400.9206(2c) 

Q-How will compliance be assessed with this requirement?

A-Licensing staff will ask the agency to explain the process that has been used to assess disrupted and unplanned removals of children from foster homes and how identified causes will be corrected.  (Agencies may choose to document the assessment completed for their own evaluative purposes.)

 

R 400.9209 

Q-Is shadowing OK?

A-Shadowing is one technique for providing required training. The agency will need to demonstrate how all subject matter was covered and that the required amount of training time was put in.

 

R 400.9209

Q-What, if any, training is required when a person has received 14 hours of training at Agency A then moves to Agency B within the year?

A-The person is a new hire. They must receive orientation and training related to the services and clientele of Agency B. None of the Agency A training counts towards the requirement for 16 hours of orientation.

 

R 400.9211(3)

Q-Must an agency obtain new consent for old publicity or only for new public relations materials?

A-Consents in place before the effective date of these rules are still good.  New public relations materials will require new consent.

 

R 400.9212(3)

A-Does this rule cover probation resulting from poor performance?

Q-YES, an employee on probation for poor performance must have a written evaluation within the time period of the probation.

PART 3 – Foster Home Certification

General

Q-Can agencies duplicate the new “Foster Home Rules” video?

A-YES, it is not copyrighted.

 

Q-What parts of the rules do courts need to follow?

A-Courts must follow Part 1 & 3 to certify foster family homes.  There are provisions contained in the Foster Family Home Rules that require an agency to have certain policies. Courts will need to have those policies.

 

R 400.9307

Q-Can foster parent orientation be handled through the mail?  If yes, can an application be included in the packet?

A-YES, there is nothing in the rule that prevents the conducting of orientation through the mail.

A- NO, an application cannot be part of the packet.  An agency must document that the potential applicants are willing to care for the types of children the agency serves and that the applicants have received the required orientation before providing the applicants with an application.

 

R 400.9310(3)

Q-How does a worker know if a reference is related to a foster parent applicant?

A-The person who is the reference must confirm that they are not related to the applicants.  How this is done is up to the agency to determine.

 

R 400.9310(3) 

Q-Are “A willingness to parent cross-racially or cross-culturally” and “A willingness to create an atmosphere that fosters racial identity” two different things?  What questions do we need to ask?

A-YES, however, the only questions that may be asked are:

           Are you willing to parent cross-racially or cross-culturally?

           Are you willing to create an atmosphere that will foster racial identity?

 

R 400.9310(3e)   

Q-Are physicals required by foster home applicants?

A-NO, what is required is a medical statement which indicates that the member of the household has no know condition which would affect the care of a foster child.  An agency may establish policy to require physicals.

 

R 400.9310(4) 

Q-How does an agency demonstrate compliance with placement specifications for foster homes when we are not allowed to deal with cross-racial and cross-cultural matters?

A-Compliance is demonstrated by ensuring that the placement specifications for a foster home are consistent with the findings contained in the foster home evaluation.  Race and culture recommendations are based only on the applicant’s indication of willingness.

 

R 400.9310(4)

Q-If a family is requesting cross-racial placements, but the evaluation indicates that the family should not parent cross-racially, how does the agency handle this?

A-An agency may not assess ability to parent cross-racially or cross-culturally. Further, the following principles, based on Public Law 103-382 titled “Multiethnic Placement Act of 1994” (MEPA) and Public Law 104-188, titled “Small Business Job Protection Act of 1966”, Section 1808, “Removal of Barriers to Interethnic Adoption”, are to be followed:

    It is not acceptable to operate from a general position that parenting cross-racially or cross-culturally requires unique skills.

    It is not acceptable to delay a placement until a racial, cultural or ethnic match can be made between foster or adoptive parents and the child.

   Race, culture or ethnicity may only be considered in placement selection on an individual basis, that is, when an evaluation of a specific child results in a determination that race, culture or ethnicity must be considered as placement factors in the best interests of the specific child due to the presence of unique, identifiable elements in that child’s history.

Therefore, it is not acceptable to routinely conduct an assessment to determine whether or not a family that has expressed an interest in parenting cross-racially or cross-culturally is capable of doing so.

 

R 400.9312 

Q-When can training begin for a new foster home applicant?

A-Training can start immediately after receipt of a completed, signed application.

 

R 400.9313

Q-When a member of the household (at college) is not present during re-evaluation, can the interview by done over the phone?

A-YES, nothing in the rule prevents the use of  telephone interviews.

 

R 400.9314

Q-Does a home have to stay on a provisional license for the full six month period?

A-NO, an agency can reassess the home anytime compliance can be demonstrated.  Change to a regular license is considered a renewal and will require a new application and assessment of compliance with the rules.

 

R 400.9316

Q-Do you have to go onsite to initiate a special evaluation (complaint)?

A-NO, a special evaluation can be initiated in many ways.

 

Q-Do we have to complete a BRS-3080, “Foster Home Rules Compliance Record”, when doing a special evaluation?

A-NO, nothing in the rule requires the completion of a BRS-3080. What is required is a written report. An agency may decide to require the use of the BRS-3080 to ensure that all rules are checked.

PART 4 – Foster Care Services

R 400.9404

Q-Do foster parents have to accept a court ordered placement if they are not one of the court’s homes?

A-NO, the foster family can only accept a foster child within the approved placement specifications of their home, the terms of their license, and with the prior approval of their certifying agency. See Foster Home R 400.9402.  If the court has permission to borrow the home from the certifying agency, then the foster home may accept the placement.

 

R 400.9406 

Q-Does the use of reasonable restraint by foster parents require training by the agency?

A-YES, foster parents must abide by agency policy regarding behavior management.  Since agencies are required to train foster parents on their policies and specifically on behavior management, the use of reasonable restraint must be covered by agency training.

 

R 400.9416 

Q-Is a “Pit Bull” a hazard?

A-Any animal is a potential hazard. If the agency writes a policy concerning animals, the agency will be held to that policy.

 

R 400.9419

Q-What is considered a “permanent placement”?

A-“Permanent placement” is a defined term. See R 400.9101.

 

Q-If you have agency policy that exceeds the minimum requirements of the rule, how will rule compliance be determined?

A-An agency must have a policy. An agency will be held to their policy. If the agency policy is more stringent than the rule, compliance will be determined using the agency’s policy.

 

R 400.9420   

Q-Is there required format and content of foster care records?

A-R 400.9420 identifies the required content of the foster care record. There is no required format for records. An agency is required to have a uniform manner of maintaining records, but the format is up to the agency.

PART 5 – Independent Living Services

General 

Q-If independent living services are purchased, who gets inspected?

A-The agency with responsibility for supervision of the youth.

 

R 400.9507

Q-What does an agency have to do and how do we need to document it when a child in independent living refuses to take their medication?           

A-R 400.9504 requires the agency to document that a youth exhibits self-care potential.  R400.9509(k) requires a mutually agreed upon contract between the youth and the agency.  The agency would have to document how a youth who will not follow recommended medical treatment exhibits self-care potential.  The agency could also have a provision in the contract in which youth agree to follow recommended medical treatment.  If the youth does not comply with the contract, the agency can remove the youth from independent living.

PART 6 – Adoption Evaluation Services

R 400.9607         

Q-Does an agency have to comply with this rule if the agency does adoptive evaluations for families to take the study to another agency in another state or country?

A-The agency program statement, required by R 400.9602, would have to state that studies are done for the family and provided to the family and that the agency does not directly facilitate interstate or intercounty adoptions.  The family can take the evaluation to other agencies as they see fit.

PART 7 – Adoption Placement Services

General           

Q-If an agency does not place children, but does assist someone else with a placement, does the agency need to be authorized under Part 7 of these rules?

A-If an agency does not place children for adoption, then Part 7 of these rules does not apply.

 

R 400.9707 

Q-What does an agency do about a family who wants to adopt cross-racially, but is unwilling to prepare for a specific child?

A-The rule requires that an agency place a child with agency-approved adoptive parents consistent with the needs of the child.  If the potential adoptive family is unwilling to learn about the child’s needs, then the agency cannot approve the family for placement of this child.

 

R400.9712    

Q-Is the agency required to follow this rule if the agency refers adoptive parents to persons in another country and these persons are not paid by the agency?

A-NO, if the agency refers adoptive parents to several persons and nothing of value is exchanged between the agency and the persons.