No. 39358 (Emergency Rule): Rule R501-12. Foster Care Services

DAR File No.: 39358
Filed: 05/11/2015 10:42:15 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to make rule conform with the new definition of foster care that was statutorily created in H.B. 139 of the 2015 General Session. This change in definition modifies capacity in foster homes, as well as clarifies sibling group placement allowances.

Summary of the rule or change:

The current rule is not consistent with this new statute that will go into effect on 05/12/2015. This rule update will align rule with the new statute.

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Justification: The current rule will contradict statutory definition of foster care on 05/12/2015, if not updated. Because this rule change effects the placement of children and because there is a great need for increased placement options for children in foster care, it seems to be in the best interest of foster children and the community to proceed with this emergency rule change. No processes within Office of Licensing are affected. No complicated rulemaking that could delay implementation is needed. This rule change will simply align rule with statute and allow the legislative changes to go into effect immediately on 05/12/2015 with clarity.

State statutory or constitutional authorization for this rule:

• Subsection 62A-2-101(14)

Anticipated cost or savings to:

the state budget:

The increased capacity and sibling placement provisions of this rule result in no significant increased or decreased cost for state entities. It is possible that the Division of Child and Family Services will enjoy some savings due to having more readily available placements for foster youth, including keeping siblings together.

local governments:

The increased capacity and sibling placement provisions of this rule result in no significant increased or decreased cost for local governments.

small businesses:

The increased capacity and sibling placement provisions of this rule may result in increased revenue for some licensed child placing agencies as they will be able to take in more foster children.

persons other than small businesses, businesses, or local governmental entities:

The increased capacity and sibling placement provisions of this rule result in no significant increased or decreased cost this group.

Compliance costs for affected persons:

Compliance costs are not increased or decreased by this change. If a foster home does not want to increase their capacity to the maximum allowed in the new definition, they don't need to.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will have minimal effect on businesses. It may allow for some increased volume/revenue for some child placing agencies.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration, Administrative Services, Licensing
195 N 1950 W 1ST FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]
• Diane Moore at the above address, by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at [e-mail]

This rule is effective on:

05/12/2015

Authorized by:

Diane Moore, Director

RULE TEXT

R501. Human Services, Administration, Administrative Services, Licensing.

R501-12. Foster Care Services.

 

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R501-12-5. Foster Parent Requirements.

(1) Foster parents shall:

(a) be in good health and emotionally stable;

(b) be able to provide for the physical, social, mental health, and emotional needs of the foster child;

(c) be responsible persons who are 21 years of age or older;

(d) provide documentation of legal residential status;

(e) have the ability to help the foster child thrive;

(f) not be dependent on foster care reimbursement for their own expenses, outside of those expenses directly associated with providing foster care services; and

(g) provide updated medical, social, financial, or other family information when requested by the Office of Licensing or Agency.

(2) DHS employees shall not be licensed or certified as foster parents for children in the custody of their respective Divisions, unless they qualify as kinship providers for the child in accordance with Utah Code Ann. Section78A-6-307. An employee may provide foster services for children in the custody of a different Division only with the prior written approval of both Divisions' Directors in accordance with DHS conflict of interest policy.

(3) Agency owners, directors, managers, and members of the governing body shall not be certified to provide foster care services for children placed with or by the Agency.

(4) Foster parents shall cooperate with the Office of Licensing, Agency, courts, and law enforcement officials.

(5) Each foster parent shall read, sign, and comply with the DHS Provider Code of Conduct.

(a) A foster parent shall not abuse, neglect, or maltreat a child through any act or omission.

(b) A foster parent shall not encourage or fail to deter the acts or omissions of another that abuse, neglect, or maltreat a child.

(6) No more than two children under the age of two, including children who are members of the household and foster children, shall reside in a foster home.

(7) No more than two non-ambulatory children, including children who are members of the household and foster children, shall reside in a foster home.

(8) Except as provided by Section 62A-2-101(14) and R501-12-5-9[(b) and R501-12-5(10), no more than three foster children shall reside in a foster home.], no more than four foster children shall reside in a licensed foster home and no more than three children shall reside in a certified foster home.

(9) Foster parents may provide respite care in their home as long as they remain in compliance with licensing rules in regards to each child placed for foster and respite care. Foster parents may provide respite care when the additional foster child(ren) exceed their licensed capacity only as follows:

(a) Respite care is limited to a maximum of 10 days within any 30 day period.

(i) For foster children who are not siblings, each day of respite for each individual child counts as one day of respite care.

(ii) For foster children who are siblings, each day of respite for a sibling group receiving respite in the same foster home at the same time counts as one day of respite care.

(b) The foster home must have no licensing sanctions currently imposed, including corrective action plans or conditional licenses.

(c) Total number of foster and respite children in a home at one time shall not exceed six unless all but one or two of the children are part of a single sibling group.

(10) A foster parent shall report all major changes or events to the Office of Licensing or Agency within 48 hours. The Office of Licensing or Agency shall evaluate major changes to determine whether the foster parent remains able to provide foster care services. A major change in the lives of foster parents includes, but is not limited to:

(a) the death or serious illness of a member of the foster parent's household;

(b) change in marital status;

(c) loss of employment;

(d) change in household composition, such as the birth or adoption of a child, addition of household members, or tenants; or

(e) allegations of abuse or neglect of any child or vulnerable adult against any member of the foster parent's household.

(11) A foster parent shall report any potential change in address in advance to their licensor or agency.

(a) Licenses and certifications are site specific.

(b) An adjoining dwelling with a separate address that is not accessible from the foster home is not considered part of the foster home site.

(c) A foster child shall not be moved into a home that is not licensed or certified to provide foster care.

 

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R501-12-16. Special Considerations for Siblings.

(1) Except as described below, a sibling group may not be placed in a foster home that already has more than one foster child placed in the home when the addition of the sibling group would exceed four foster children in a licensed foster home or exceed three foster children in a certified foster home.

(2) The sibling(s) of a child already living in a foster home may be placed in the foster home for the purpose of reuniting the siblings, even if the addition of the sibling or sibling group would exceed four or more foster children in a licensed foster home or three or more foster children in a certified foster home.

(3) A foster home may provide for a sibling or a sibling group beyond the allowable four foster child limit for licensed foster care and three foster care limit for certified foster care only when they remain in compliance with licensing rules in regards to each child.

 

R501-12-17. Compliance.

Any active foster care license or certification on the effective date of this rule shall be given 30 days to achieve compliance with this rule.

 

KEY: licensing, human services, foster care, certified foster care

Date of Enactment or Last Substantive Amendment: May 12, 2015

Notice of Continuation: October 18, 2012

Authorizing, and Implemented or Interpreted Law: 62A-2-101 et seq.

 

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