No. 39638 (Emergency Rule): Rule R501-12. Foster Care Services

DAR File No.: 39638
Filed: 09/03/2015 12:21:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule is being requested to extend the earlier emergency rule enacted May 12, 2015. Due to some complicated stakeholder issues, the amendment was not ready in time for the expiration of the original emergency rule, but has been filed with DAR and will be published and be out for public comment 09/15/2015. This emergency rule is identical to the one currently in effect and is intended only to cover the gaps in dates. (DAR NOTE: The 120-day (emergency) rule currently in effect is under DAR No. 39358, published in the June 1, 2015, Bulletin, and was effective as of 05/12/2015.)

Summary of the rule or change:

None since the last emergency rule. Previous emergency rule addressed changes to foster care definition required by statute.

Emergency rule reason and justification:

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

Justification: The expiration of the emergency rule without a substitute would put the Office of Licensing in violation of statute from a rulemaking perspective.

State statutory or constitutional authorization for this rule:

• Subsection 62A-2-101(17)

Anticipated cost or savings to:

the state budget:

This is a continuation of the emergency rule from 05/12/2015. No costs have been incurred during that time, and there are no anticipated future costs.

local governments:

This is a continuation of the emergency rule from 05/12/2015. No costs have been incurred during that time, and there are no anticipated future costs.

small businesses:

This is a continuation of the emergency rule from 05/12/2015. No costs have been incurred during that time, and there are no anticipated future costs.

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

This is a continuation of the emergency rule from 05/12/2015. No costs have been incurred during that time, and there are no anticipated future costs.

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 do not need to.

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

There is no anticipated fiscal impact for businesses.

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:

09/04/2015

Authorized by:

Diane Moore, Director

RULE TEXT

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

R501-12. Foster Care Services.

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.

 

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

Date of Enactment or Last Substantive Amendment: September 4, 2015

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

 

---