13 CSR 35-60.010 - [Effective until 2/23/2024] Family Homes Offering Foster Care

PURPOSE: This emergency amendment conforms Rule 13 CSR 35-60.010 with section 210.565, RSMo, as amended by Senate Bill 186, signed into law on July 6, 2023. Amended section 210.565 has expanded the definition of the term "relative" include certain foster parents and kinship caregivers.

EMERGENCY STATEMENT: This emergency amendment is necessary to fulfill the compelling governmental interest of having the Division's regulations conform to the Missouri statutes. The Division's regulations are made available to the public on the Division's website. Rule 13 CSR 35-60.010 presently limits the definition of the term "relative" to a person related to another by blood, adoption, or affinity within the third degree. Amended section 210.565, taking effect on August 28, 2023, has broadened the definition of the term "relative" to include certain foster parents and kinship caregivers not related by blood, adoption or affinity within the third degree. Pursuant to section 536.014, RSMo, "No department, agency, commission or board rule shall be valid in the event that. . he rule is in conflict with state law." The Division has a compelling governmental interest in making sure that the public is not confused by a definition of the term "relative" in regulation that conflicts with a broader definition of the term "relative" used in statute. The scope of this emergency amendment is limited to the circumstances creating the emergency and complies with the protections extended in the Missouri and United States Constitutions. The Division believes this emergency amendment is fair to all interested persons and parties under the circumstances. This emergency amendment was filed on August 14, 2023, becomes effective August 28, 2023, and expires February 23, 2024.

(1) For the purpose of this regulation, the following terms shall be defined as follows:

(A) Foster Parent. A resource provider licensed under these regulations who operates a foster family home, or relatives of a child in foster care who are licensed to provide relative care;

(B) Relative. A relative is a grandparent or any other person related to another by blood or affinity or a person who is not so related to the child but has a close relationship with the child or the child's family. A foster parent or kinship caregiver with whom a child has resided for nine months or more is a person who has a close relationship with the child. The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or daughter;

(C) Relative Care. Care provided by a relative;

(D) Traditional Foster Family Home. A private residence of one (1) or more family members providing twenty-four- (24-) hour care to one (1) or more, but less than six (6) children who are unattended by parent or guardian and unrelated to either foster parent by blood, marriage, or adoption;

(E) Foster Youth or Foster Child. A person in the custody of the Children's Division to a maximum age of twenty-one (21) years of age;

(F) Family Support Team (FST). The group of individuals assembled to participate in a Family Support Team Meeting, a meeting convened by the division or another children's services provider on behalf of the family and/or child for the purpose of determining service and treatment needs, determining the need for placement, developing a plan for reunification or other permanency options, determining the appropriate placement of the child, evaluating case progress and establishing, and revising the case plan;

(G) Waiver. Authorization by the Children's Division to excuse certain relative care providers from specifically identified non-safety licensing standards;

(H) Foster Family Home Applicant. One (1) or two (2) primary adult individual(s) who live in the same household and complete and submit a prescribed application to provide foster care services as parent substitutes to foster youth placed in the home. When two (2) individuals are applying-

1. Both individuals must be assessed separately as if they were applying as a single individual;

2. If either applicant cannot be approved, the application shall be denied; and

3. If both applicants are approved, a single license certificate shall be granted listing the names of both applicants;

(I) Resource Provider. Licensed foster parent as required by 13 CSR 35-60; and

(J) Administrative Hold. License status of a foster parent that is operating under a provisional status due to licensing concerns, an investigation or assessment of abuse or neglect in the home, or other reasons as identified in Children's Division policy.

(2) Process for applying for a license, or for the renewal of a license, as a foster family home.

(A) As required in sections 210.481-210.536, RSMo, any individual(s) planning to offer twenty-four- (24-) hour care to one (1) or more foster children must submit a signed copy of the application form approved by the Children's Division.

(B) The applicant for the license renewal shall have the burden to establish by a preponderance of evidence that the applicant satisfies all of the qualification requirements for a license.

(C) The applicant for a license or the renewal of a license shall provide any and all documentation and shall execute such authorizations to release information that the Children's Division may determine to be necessary or convenient to obtain information about the applicant and members of the applicant's household. If the applicant, or any member of the applicant's household, fails without good cause to provide the information or fails to execute an authorization to release the information, the division may deny the license.

(D) Any applicant, any household member age seventeen (17) and older, and any child less than seventeen (17) who has been certified as an adult for the commission of a crime, or has been convicted or pled guilty or nolo contendere to any crime, shall register with the Family Care Safety Registry (FCSR) and submit signed release forms and fingerprints for the purpose of obtaining background screening for child abuse or neglect, criminal, and circuit court records.

1. Fingerprints shall be sent to the Missouri State Highway Patrol for criminal background checks.

2. Subject to appropriation, the total cost of fingerprinting required by section 210.487, RSMo may be paid by the state, including reimbursement of persons incurring the cost of fingerprinting under this subsection.

(E) Upon compliance with licensing law and regulations, the director shall authorize issuance of a license for a term not to exceed two (2) years, subject to renewal on expiration.

1. The license is not transferable and applies only to the foster family home to whom it is issued. Upon approval, a single license listing the individual(s) shall be issued. Only one (1) license can be issued per household. All adults age seventeen (17) and older in the household who will have child care responsibility will be required to attend state approved foster parent training.

2. The license is the property of the division, not the licensee, and is subject to revocation upon failure of the individual(s) to comply with the licensing requirements. A licensee does not have a right to renewal of his or her license.

3. The license shall be kept on the premises of the home. The license is a public record and shall, upon request, be made available for inspection.

4. The number, sex, and age range of foster children the home is authorized to accept for care shall be specified on the license and shall not be exceeded except for the temporary placement of sibling or mother and child family groups. The foster family shall be able to indicate age and gender preference.

5. There shall be no fee for the license or investigations conducted by the personnel of the division or providers contracted by the division.

6. An identification card shall be issued to each foster parent at the time of initial licensure or renewal, verifying current licensing status.

(F) The division shall maintain a file on each applicant for a foster care license. The file shall contain any and all information pertinent to the licensing process including, but not limited to, the application for license and renewals of license and all supporting documentation. Except as otherwise provided herein or otherwise required by law, information contained in a foster care licensing file that may be confidential and not disclosed to the public includes, but is not limited to:

1. Information which is confidential under the Missouri Sunshine Law, section 610.010 et seq., RSMo;

2. Protected health information of the applicant and household members as provided in HIPAA, 45 CFR Parts 160 and 164;

3. Information regarding foster children placed in the home;

4. Information relating to substance abuse diagnosis, care, and treatment, which is confidential pursuant to 42 CFR Part 2.1 and other applicable federal law;

5. Identifying information, addresses, and contact information, the release of which may put the health or safety of foster children, foster parents, or household members at risk; and

6. Other information as may be ordered by a court of competent jurisdiction. Notwithstanding, any provision in these rules to the contrary, parents and legal guardians may have access to information pertaining to foster parents as provided in section 210.498, RSMo.

(G) License Supervision.

1. Licensing staff of the division or its contractor may inspect the foster family home at reasonable times to verify compliance with the licensing rules.

2. The licensee shall cooperate with such inspections. Notwithstanding any provision in these rules to the contrary, parents and legal guardians may have access to information pertaining to such inspections as provided in section 210.498, RSMo.

Notes

13 CSR 35-60.010

AUTHORITY: sections 207.020 and 210.506, RSMo 2000.* Emergency rule filed July 18, 2006, effective Aug. 4, 2006, expired Jan. 30, 2007. Original rule filed July 18, 2006, effective Jan. 30, 2007 Amended by Missouri Register February 1, 2016/Volume 41, Number 03, effective 3/31/2016 Amended by Missouri Register September 15, 2023/Volume 48, Number 18, effective 8/28/2023, exp. 2/23/2024 (Emergency)