R501-12-4. Initial, Renewal, and Reapplication Process

  (1) Initial Application for Licensure or Certification: An individual or legally married couple age 21 or over may apply to be a foster parent. The applicant shall provide:

  (a) Application Forms: A completed Office of Licensing or Agency foster care application that lists each member of the applicant's household must be submitted, including acknowledgment of:

  (i) responsibility to maintain all current and past clients' confidentiality;

  (ii) Office of Licensing Provider Code of Conduct; and

  (iii) a verification that the applicant(s) have read and understand R501-12 Foster Care Services;

  (b) Background Screening: a completed background screening application for each member of the household who is 18 years of age or older, including any supplemental documentation that the application requires;

  (c) Financial Viability: a written statement of household income and expenses, together with consecutive current pay stubs or income tax forms;

  (i) The Office of Licensing or Agency may consider poverty guidelines when evaluating the dependence of a foster parent on foster payments for their own expenses.

  (ii) The Office of Licensing or Agency may require supporting documentation of household income and expenses in order to verify the foster parent will not be dependent on foster care reimbursement for their own expenses.

  (d) Training:

  (i) Verification of successful completion of agency approved pre-service training by each applicant within the past 24 months, and

  (ii) Verification of current CPR/first aid training for each prospective foster parent. Examples of accepted training include but are not limited to: Heart Savers, American Red Cross, and American Heart Association Friends and Family.

  (2) Medical Assessment:

  (a) Each applicant shall authorize their current licensed physician, physician's assistant or nurse practitioner to complete and send a signed medical reference report directly to the Office of Licensing or Agency. Medical reference reports must assess the current ability of the individual to be a foster parent.

  (b) A professional mental health examination of a prospective or current foster parent may be required by the Office of Licensing or the Agency if there are concerns regarding the individual's mental status which may impair functioning as a foster parent. These concerns may be based upon any information gathered during the licensing/certifying and monitoring process.

  (i) The type of professional mental health examination required shall be determined by the Office of Licensing or Agency based on the nature of the presenting concerns.

  (ii) Determination of need and type of examination will be made collaboratively involving the licensor, Agency or Office of Licensing administration, and clinical staff from within the Department of Human Services or Agency.

  (iii) The prospective or current foster parent shall authorize the release of examination information to the Office of Licensing or Agency, including a signed report that assesses the ability of the individual to parent vulnerable children full time as a foster parent.

  (c) Medical and mental health examinations shall be paid for by the prospective or current foster parent.

  (d) The Agency or the Office of Licensing may, in the exercise of their professional judgment, deny or revoke an application or license if a medical reference report or other examination reveals reasonable concerns regarding an applicant's ability to provide foster care services, or if the required examination is not completed and provided to the Agency of the Office of Licensing.

  (3) References:

  (a) At the time of initial application, the applicant(s) shall submit the names, mailing address, email addresses, and phone numbers of no more than four individuals who will be contacted by the agency or the Office of Licensing and asked to provide a reference letter. These individuals shall be knowledgeable regarding the ability of the applicant(s) to provide a safe environment and to nurture foster children. No more than one reference may be a relative of the applicant. Only the four original reference individuals submitted will be considered.

  (b) A minimum of three out of the four individuals must submit reference letters directly to the Agency or the Office of Licensing. A minimum of three reference letters received must be acceptable to the Agency or the Office of Licensing.

  (c) The Agency or the Office of Licensing may, in the exercise of their professional judgment, deny an application if a reference reveals reasonable concerns regarding an applicant's ability to provide foster care services.

  (4) Background Screening:

  (a) Each applicant and all persons 18 years of age or older residing in the home shall submit a background screening application as part of the initial application. A background screening application is also required at the point any new individual over the age of 18 moves into the home. A foster parent shall not be licensed or certified unless the background screening applications of all persons 18 years of age or older who reside in the home are approved by the Office of Licensing in compliance with Section 62A-2-120 and R501-14.

  (b) A background screening approval shall not be transferred from one Agency to another Agency.

  (c) A foster parent shall not permit any person without an Office approved background screening clearance to have unsupervised direct access to a foster child unless:

  (i) the person is a provider of "Incidental Care" as defined in 62A-2-120 and 501-12-3-15; or

  (ii) the person's access is driven by child-centered normalcy needs that are guided by reasonable and prudent parenting as described in 62A-4a-211 through 212 and is not a foster parent-centered delegation of parental responsibility.

  (d) A foster parent shall immediately notify the Office of Licensing or Agency if any person in the home is charged with or under investigation for any criminal offense or allegation of abuse, neglect, or exploitation of any child or vulnerable adult.

  (e) Pursuant to section 62A-4a-1003(2), the Office of Licensing shall review and evaluate information from the Division of Child and Family Services Management Information System for the purpose of licensing and for the purpose of monitoring all individuals who reside in the foster parents' home. When, in the professional judgment of the Office of Licensing, a supported or substantiated finding against any individual who resides in the foster parents' home may pose a risk of harm to a foster child, the Office of Licensing may issue a safety plan or a sanction on the license of the foster parent or Agency.

  (5) Home Study:

  (a) The Office of Licensing or Agency is not required to perform a home study until after the background screening applications of all persons 18 years of age or older who reside in the home are approved.

  (b) A narrative home study shall be completed by an adoption service provider as described in 78B-6-128(2)(c) and may be used for adoptive purposes.

  (c) The home study shall include, but not be limited to:

  (i) background and current information of each caregiver, including but not limited to information regarding family of origin, discipline used by parents, family history or presence of abuse or neglect, use of substances, education, employment, relationship with extended family, mental and physical health history based on doctor's examination completed within two years, stress reduction techniques, values, and interests;

  (ii) marital relationship information, including but not limited to areas of conflict, communication, how problems are resolved, and how responsibilities are shared;

  (iii) family demographical information, including but not limited to ages, ethnicity, languages spoken, dates of birth, gender, relationships, and history of adoption;

  (iv) family characteristics including but not limited to functioning, cohesion, interests, work/life balance, family activities, ethnicity, culture, and values;

  (v) child care and supervision arrangements;

  (vi) written description of in-person interviews conducted with the applicants, applicants' children, and others residing in the home;

  (vii) written description of the physical characteristics of the home, including neighborhood and school information, sufficient space and facilities to meet the needs of children and ensure their basic health and safety;

  (viii) motivation for doing foster care, including assessment of interest in adoption vs. foster care only;

  (ix) assessment of understanding and expectations of children in foster care;

  (x) previous experience caring for children;

  (xi) current and planned methods of discipline, use of privileges, family rules;

  (xii) previous experience with children with special needs or trauma histories;

  (xiii) description of the reference response regarding the character and suitability of the applicants;

  (xiv) assessment of informal and formal supports;

  (xv) assessment of willingness and ability to access support and resources;

  (xvi) finances, including bankruptcies;

  (xvii) applicant strengths and weaknesses;

  (xviii) applicant history of any and all previous applications, home studies, or licenses/certifications related to providing foster care;

  (xix) assessment of ability to actively engage in achieving the custodial agency's identified outcomes for foster children; and

  (xx) recommendations for the applicant's suitability for placement of children, to include: child matching, capacity, training, and support needs; and

  (xxi) query results of the home address on the Utah Sex Offender Registry and address how potential threats will be mitigated.

  (6) Foster Parent Annual Renewal Application: A foster parent who wishes to remain authorized to provide foster care services shall submit renewal paper work at least 30 days and no longer than 90 days prior to license or certification expiration. Background screening approvals and renewal activities have to be completed prior to license expiration. Foster parent shall provide or otherwise submit to the following annually:

  (a) Renewal application which addresses all updates and changes to the initial application. Requirements to include:

  (i) acknowledgment responsibility to maintain confidentiality for current and past clients;

  (ii) acknowledgement of Office of Licensing Provider Code of Conduct;

  (iii) verification that the applicant(s) have read and understand R501-12 Foster Care Services;

  (iv) health statement including new medical reference form if there has been significant health changes over the past year;

  (v) proof of current CPR/first aid certification;

  (vi) background screening applications for each adult 18 years of age or older residing in the home or any substitute care providers not identified as incidental caregivers. A foster parent shall not be licensed or certified unless the background screening applications of all persons 18 years of age or older who reside in the home are approved by the Office of Licensing in compliance with Section 62A-2-120 and R501-14;

  (vii) financial statement outlining changes to household income, job status, and expenses, including any foreclosures and/or bankruptcies.

  (A) The Office of Licensing or Agency may consider poverty guidelines when evaluating the dependence of a foster parent on foster payments for their own expenses.

  (B) The Office of Licensing or Agency may require supporting documentation of household income and expenses in order to verify the foster parent will not be dependent on foster care reimbursement for their own expenses.

  (b) The home study shall be updated in writing annually after a home visit and safety inspection and shall be completed by an adoptions service provider as described in 78B-6-128(2)(c) as a means to assess the family's experience over the past year as a foster family and shall include:

  (i) any changes to required home study information; and

  (ii) interviews with any members of the home.

  (7) Reapplication: A previously licensed or certified foster home is subject to the same requirements as an initial application, with the following exceptions:

  (a) Each applicant shall disclose all previous foster care licenses and certifications, including those outside the State of Utah.

  (b) Previously licensed homes shall request a written reference from the DCFS region, or out-of-state equivalent, where they last held a foster care license to be sent directly to the Office of Licensing or Agency. Previously certified homes shall request a written reference letter from the last agency where they were certified, and every agency they have been certified by within the past 3 years, to be sent directly to the Office of Licensing or Agency.

  (c) Each applicant shall sign releases of information for any agency where they previously provided certified or licensed foster care.

  (d) Reapplication of previously licensed or certified homes may utilize an update of the previous home study as long as the home study was created by the same agency currently relicensing or recertifying the home.

  (e) If 12 months or less since lapse of any license or certification, non-agency references will be waived.

  (f) If 12 months or less since lapse of any license or certification, physician's statement shall be waived. Personal Health statement is still required.

  (g) If 24 months or less since lapse of any license or certification, initial training requirements will be waived as long as there is not a change in licensing/certifying agency. A change in agency requires new initial training.

  (8) Approval or Denial:

  (a) The decision to approve or deny the applicant to provide foster services shall be made on the basis of facts, health and safety factors, and the professional judgment of the Agency or the Office of Licensing.

  (b) No person may be denied a foster care license or certification on the basis of the religion, race, color, or national origin of any individual.

  (c) The approval of a license or certification is not a guarantee that a foster child will be placed or retained in the foster parent's home.

  (d) Foster parents shall not be licensed or certified to provide foster or respite care services in the same home in which they are providing child care or another licensed or certified Department of Health or Department of Human Services program.

  (e) In order to promote health and safety, the Office of Licensing or Agency may issue a license or certification that includes additional restrictions unique to the circumstances of the license.

  (f) If a license or certification is denied, an applicant may not reapply for a minimum of 90 days from the date of denial.

  (9) Initial license expiration dates must coincide with background screening clearance dates by:

  (i) allowing the applicants to resubmit clearances in order to receive a full year's license or;

  (ii) setting the initial license expiration date no more than one year from the date of the earliest initial completed background clearance.