Utah Admin. Code R501-12-15 - Additional Child - Placing Foster Care Agency Considerations
(1) The agency shall comply with:
(a) this rule;
(b) Rule R380-600;
(c) Rule R501-14; and
(d) Section 80-2-9 regarding the Interstate
Compact for the Placement of Children (ICPC) for agencies taking placements
from out-of-state.
(2)
The agency shall ensure certified foster parent compliance with this
rule.
(3) The agency shall recruit,
train, certify, and supervise foster parents.
(4) The agency may not certify a home that is
licensed or certified or applying to be licensed or certified with any other
agenc y.
(5) The agency may not
certify agency owners, directors, managers, and members of the governing body
to provide foster care services for foster children placed with or by any
child-placing foster care agency.
(6) The agency must complete the following
before issuing an initial or renewal certification or before making a placement
in the foster home:
(a) verify completion of
the foster parent's training requirements;
(b) in addition to the foster parent training
requirements of this rule, train each foster parent regarding the agency's
policies and procedures and safe practices;
(c) provide department with identifying
information of certified foster homes through the OL provider portal;
and
(d) certify foster parent for a
specific time period that does not exceed one year and make documentation of
certification dates available to OL upon request.
(7) The agency shall:
(a) maintain documentation of the initial and
annual home studies and any updates and provide to OL upon request;
(b) have a written agreement with the foster
parents that includes:
(i) the expectations
and responsibilities of the agency, staff, foster parents and limitations of
authority;
(ii) the services to be
provided to and by the foster parent;
(iii) the requirements to provide medical,
remedial, treatment, and other specialized services to a foster
child;
(iv) the financial
arrangements for a foster child placed in the home;
(v) the authority foster parents can and
cannot exercise over a foster child placed in the home; and
(vi) actions that require staff or department
authorizations;
(c)
monitor and keep detailed documentation regarding foster parents' compliance
with Rule R501-12;
(d) document
each announced and unannounced visit to the foster home, including an initial
safety inspection and a minimum of one unannounced safety inspection
annually;
(e) document each safety
inspection completed by the agency on the OL-provided home inspection
checklist, or a similar form that contains the OL-provided form
contents;
(f) coordinate with OL
when checklist items are not compliant or other noncompliance is noted to
determine how to proceed;
(g)
document actions on foster parent certifications in the foster parent file to
include any request for remediation with assigned time frames, request
corrective action plan from the foster parent, or any action to suspend
certification or revoke certification;
(h) escalate the level of agency action taken
toward foster parent certification when there are multiple notations of
noncompliance with the same rule;
(i) maintain completed checklists and
compliance monitoring documentation in each foster parent file;
(j) investigate complaints and alleged
violations of Rules R501-12, R501-14, and R501-1. The agency shall provide
documentation to OL of any investigations into complaints and alleged
violations of licensing rules;
(k)
provide written notification to each foster parent that informs the foster
parent of the rights and responsibilities assumed by the foster parent who
signs as the responsible adult for a foster child to receive a driver license,
as described in Section 53-3-21 and maintain documentation in the foster
parent's file, signed, and dated by the foster parent, acknowledging receipt of
a copy of this written notification;
(l) have and comply with written policies and
procedures regarding the denial, suspension, and revocation of a foster
parent's certification to provide foster care services, that includes written
notification of the foster parent's appeal process;
(m) provide documentation and immediate
notification to OL and the custodial agency of any denial, suspension,
revocation or other agency-initiated termination of a foster parent's
certification;
(n) not grant or
permit any variance to Rule R501-12 or any other regulation without the prior
written consent of the director or director's designee of OL;
(o) provide ongoing supervision of certified
foster parents to ensure the quality of care they provide; and
(p) participate with each foster child's
legal guardian and the foster parent to obtain, coordinate, and supervise care
and services necessary to meet the needs of each foster child in their
care.
(8) The agency may
not take placement of a foster child whose needs exceed the scope or ability of
the program to reasonably manage, and the agency shall:
(a) outline in policies and procedures the
behaviors and presenting issues would be reason for discharge or exclusion from
the program;
(b) document how the
placement of the foster child is appropriate and commensurate with presenting
needs and the services that are available to address the child's
needs;
(c) conduct or coordinate
monthly visits to the foster child in the placement or school;
(d) maintain responsibility for the child's
behavior in the program, school and community;
(e) maintain responsibility for transitioning
a foster child or 18 to 21-year-old into safe and appropriate placement upon
discharge from the program or in accordance with ICPC disruption plan if the
child is from out-of-state; and
(f)
ensure in policy and safe practices that sending a child to a homeless shelter,
refusal to pick up from detention, or offering oneway plane or bus tickets are
not appropriate or responsible program transition actions, unless supported by
therapeutic or parental recommendation.
(9) The agency shall:
(a) provide and receive approval from the
school district of certified homes with a youth education coordinating form in
compliance with the requirements of Section
26B-2-116;
(b) provide accurate and truthful written
references for any previously certified home that requests such reference to
work with foster children in another licensed agency;
(c) maintain copies of completed foster
parent initial and renewal applications and accompanying documents, home study
document and any subsequent updates, and any other foster parent documentation
in a format easily accessible for OL review;
(d) follow department contract requirements
and request guidance from the Division of Continuous Quality and Improvement
and OL in the event of conflicting requirements; and
(e) if serving individuals involved with the
Division of Services for People with Disabilities, ensure compliance with the
Home and Community Based Services Settings Final Regulation as identified in 42
CFR 430 and 431 (2024) that shall prevail in the event of a conflict with any
rule under Title R501.
(10) If the agency does not act when foster
parent noncompliance is alleged or noted, OL may take an action on the agency
license.
Notes
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