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;

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

  (h) follow all federal, state and local laws and ordinances; and

  (i) not engage in conduct that poses a substantial risk of harm to any person or that is illegal or grounds for denying a license under 62A-2-112.

  (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 a "relative" to the child in accordance with Utah Code Ann. Section 78A-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) Foster parents shall cooperate with the Office of Licensing, Agency, courts, and law enforcement officials.

  (4) Each foster parent shall read, acknowledge, and comply with the Office of Licensing 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.

  (5) 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.

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

  (7) Except as provided by Section 62A-2-116.5 and R501-12-5-8, 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.

  (i) The capacity limits of foster homes may be exceeded under the conditions outlined in 62A-2-116.5. Foster homes, as defined in 62A-2-101(19), shall remain in continual compliance with all foster care rules established by the Office of Licensing.

  (8) 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.

  (9) A foster parent shall report all major changes or events to the Office of Licensing or Agency within one business day.

  (a) A major change in the lives of foster parents includes, but is not limited to:

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

  (ii) change in marital status;

  (iii) loss of employment;

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

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

  (vi) anything defined as a "critical incident" in R501-1.

  (10) The Office of Licensing or Agency may evaluate major changes to determine necessary actions which may include an update to the home study; implementation of a safety plan; amendments to the license certification; request for new references or examinations; or agency action in the form of a penalty.

  (11) A foster parent shall report any potential change in address in advance to the Office 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 except as allowed in R501-1 provisions for relocation of a license.

  (d) Foster providers must reside at the license location.

  (e) In the event of a separation or divorce, a provider who no longer resides at the licensed location shall be removed from the license certificate and must apply for a separate initial license and meet all licensing requirements in the new residence in order to become licensed at the new location.

  (i) The provider remaining in the home shall demonstrate the ability to continue to meet the financial and all other foster care licensure requirements and an update to the home study shall be completed.