13-007 Code Vt. R. 13-162-007-X - LICENSING REGULATIONS FOR FAMILY FOSTER CARE
LICENSING RULES FOR FOSTER HOMES IN VERMONT
Section 1. Purpose of Rules.
10 Under the Authority of
33 V.S.A.
§
4905, the Department for Children and
Families ("Department") is responsible for licensing foster homes.
These rules have been established to assure the care and safety of children who have to live in homes other than their own. A license is issued if the foster home and prospective foster parent(s) meet these rules.
If the Department finds the applicant(s) or licensee(s) unwilling or unable to meet these rules, the license will be denied or revoked.
Rules necessary to assure a child's well - being cover the following:
1. The safety and adequacy
of the home for the care of children;
2. The personal characteristics and social
relationships of the foster parent(s) and other members of the
household;
3. The commitment to
foster care, and the ability and willingness of the foster family to work
cooperatively in support of the child's case plan; and
4. The ability of the foster family to
provide positive, constructive experiences for all children in their
care.
Section
2. Statutory Authority.
20
Vermont law regulating the licensing of child care facilities is set forth in
Title 33 of the Vermont Statutes Annotated as follows:
Foster Care and Placement Licensing (33 V.S.A. § 4905)
a. A person, other than an employee of a
department within the Agency of Human Services, shall not place any child in
foster care for more than 15 consecutive days unless the person has a license
from the Department for Children and Families ("Department") to do so or is an
employee of a child - placing agency licensed by the Department.
b. A person shall not receive, board, or keep
any child in foster care for more than 15 consecutive days unless they have a
license from the Department to do so. This subsection shall not apply to foster
homes approved by a department within the Agency of Human Services or by a
licensed child - placing agency, nor shall it apply to those facilities where
educational or vocational training is the primary service and foster care is a
supportive service only.
c. This
section shall not restrict the right of a court, parent, guardian, or relative
to place a child, nor the right of a person not in the business of providing
foster or child care to receive, board, and keep a child when a valuable
consideration is not demanded or received for the child's care and maintenance.
Administrative Provisions (33 V.S.A. § 151)
This subchapter shall apply to all licenses, registrations, and applications for licenses and registrations, that the Commissioner or the Department may issue or grant unless otherwise specifically provided.
1. The Commissioner shall adopt rules
governing applications for and issuance, revocation, term and renewal of
licenses and registration. In the rules, the Commissioner may prescribe
standards and conditions to be met, records to be kept, and reports to be
filed. Licenses and registration shall be for a term of one year from issuance
unless otherwise prescribed by rule.
2. Premises covered by a license or
registration may be visited and inspected by the Department at reasonable
hours. A person who accepts a license or registration shall permit visits and
inspections, and examinations of the records they are required to
keep.
3. A license or registration
may be revoked for cause after hearing and may be suspended in situations that
immediately imperil the health, safety, or well - being of persons in the care
of the licensee or registrant.
4.
Before a license is granted, the Department shall visit and inspect the
premises for which the license is requested and make further inquiry and
investigation as the Commissioner may
direct.
Section
3. Procedures.
Issuance, Reissuance, and Conditions
30 An original license shall be valid for one
year unless otherwise prescribed by the Commissioner, except when the license
is revoked or otherwise invalidated.
31 Renewal of a license shall be on a yearly
basis unless otherwise prescribed by the Commissioner. When the home is
evaluated for re - licensure, the state licensing authority will review
compliance with these rules and will evaluate how well the needs of children in
the care of the foster parent(s) have been met.
32 A license is valid only for the person(s)
named on the license and for the premises for which the license was
issued.
33 The Department may place
conditions on a license, including a limitation to provide care only for a
specific child. 034 The state licensing authority may require any person in the
household or any person who provides care and supervision to foster children on
a regular basis, whether or not that person is an applicant or licensee, to
submit references and to provide such other information as the state licensing
authority may deem necessary.
Variances
35 The
state licensing authority may grant a variance from a specific rule upon its
determination that the applicant or licensee will otherwise meet the goal of
the rule. A variance may contain provisions for the license. Under no
circumstances will the state licensing authority grant a variance from rules
200,
201, or 315.
36 A variance is valid for the duration of
the license, unless revoked or limited by the state licensing authority, and
can be renewed.
Denial, Revocation, and Suspension
37 A license may be denied or revoked if the
applicant or licensee fails to meet any licensing rules.
38 A license may be denied or revoked if the
applicant, licensee or other member of the household:
38.1 Has been charged with or convicted of a
criminal offense; or
38.2 Has
current, unresolved problems with alcohol or other chemicals; or
38.3 Has abused or neglected a
child.
39 A license may
be suspended if a situation exists in the foster home, which immediately
imperils the health, safety, or well - being of persons in the care of the
licensee.
40 A license may be
denied, revoked, or limited if an unusually stressful situation exists in the
foster home, which affects the appropriate care of the children. Such
situations include, but are not limited to divorce, separation, death,
unemployment, serious illness or injury, or the entry of a new member into the
household.
41 When a license is
denied, suspended, or revoked, a written notification specifying reasons for
denial or revocation shall be forwarded to the applicant(s) or licensee(s).
Appeal Rights
42
When the Department proposes revocation of a foster home license, the licensee
will be offered an opportunity for a hearing with the Commissioner or the
Commissioner's designee prior to the effective date of the
revocation.
43 A licensee or
applicant for a license who is aggrieved by a decision of the licensing unit
will be granted a fair hearing before the Human Services Board if requested
within 30 days of the Department's issuance of the decision.
Foster Home Records
44 The Department shall keep records on each
foster home applicant and licensee. Records shall include applications,
reference letters, compliance checklists, licensing reports, and notes
regarding communication with or about the applicant(s) or licensee(s). These
records are the property of the Department and shall only be disclosed as set
forth below.
45 The Department
shall, upon request, make available to the subject applicant(s) or licensee(s)
all information contained in the licensing record except information received
from third parties, such as reference letters and information made confidential
by law. The Department shall, upon receiving a written release from the subject
applicant(s) or licensee(s), make available to designated third persons all
information contained in the applicant's or licensee's licensing record to
which they would have access.
Terms of Licensure
46 The total allowable number of children
living in or regularly cared for in a foster home will be determined by
evaluation of the family's ability to provide appropriate care and supervision
and by the amount of living space in the home.
47 The number of foster children for whom a
foster parent is licensed shall not exceed four.
48 The number of foster children for whom a
foster home is initially licensed shall not exceed two for the term of the
first license.
49 A foster family
shall not provide care for more than four children under six years of age at
any one time, including children residing in the home and children cared for on
a part - time basis.
50 There shall
be no more than two children under the age of 24 months living in or regularly
cared for in a foster home.
51 The
total number of children residing in a foster home shall not exceed six. 052 A
foster parent shall not provide childcare (see
Definitions).
Section 10.
Application and Evaluation for Licensure.
101
The individual or couple applying for licensure shall submit a written
application on the form prescribed by the state licensing authority.
102 Married couples living together must make
a joint application.
103 All
applicants and licensees shall:
103.1 Provide
complete and truthful information on the licensing application and in the
licensing process.
103.2 Cooperate
fully with the licensor(s) in determining if all licensing rules have been and
continue to be met.
103.3 Cooperate
fully with any licensing investigation.
104 A new application may be required if:
104.1 Application for a license was withdrawn
and applicants are resubmitting an application;
104.2 The Department denied, revoked, or
refused to renew the home's license and those denied, revoked, or refused seek
to be reinstated as a foster home;
104.3 The home was licensed and the licensee
voluntarily requested closure;
104.4 The license has become invalid because
of a move to a different physical facility; or
104.5 Changes affecting eligibility for
licensure have occurred.
Section 20. Characteristics of Foster
Parents.
200 All foster parents are prohibited
from engaging in any form of discrimination against a foster child based on
race, religion, color, national origin, sex, sexual orientation, gender
identity, age, or disability, or political beliefs.
200.1 While foster parents are prohibited
from discriminating against a foster child based on the statuses listed in
section 200, applicants shall not be
denied a license solely based on inability to care for children of a certain
age or children with special needs.
201 Applicants and foster parents shall
exhibit:
201.1 Healthy patterns of social and
interpersonal relationships;
201.2
Knowledge of child and adolescent development and the needs of
children;
201.3 Ability to apply
discipline in a constructive and educational manner;
201.4 Realistic expectations regarding the
behavior of foster children;
201.5
Sound judgment;
201.6 No substance
misuse, and effective resolution of any past abuse of alcohol or other
substances;
201.7 Responsible care
and/or planning for their children, including children who are not in the
applicant's or licensee's care;
201.8 Stable emotional adjustment following
any major changes in close interpersonal relationships or other life
circumstances;
201.9 Ability to
communicate, with or without support, with the child, Department staff, and
other service providers to ensure necessary care; and
201.10 Respect for the worth of all
individuals regardless of race, color, national origin, ancestry, culture,
religion, sex, gender identity, sexual identity, and physical or mental
ability.
202 Each child -
caring adult in the home shall exhibit the ability to be an appropriate model
for children.
203 All members of
the household shall be free from physical conditions, mental limitations, or
emotional problems, which would have an adverse effect on the physical or
emotional well - being of foster children.
204 Primary caregivers shall be at least 21
years of age.
205 Foster parents
shall demonstrate that they have sufficient income to support the family,
exclusive of foster children, without reliance on the basic foster care
reimbursement.
Section
30. Responsibilities of Foster Parents.
300 Foster parents shall participate in
training determined by the child placing agency to be necessary for the care of
foster children.
Care and Supervision of Foster Children
301 Foster parents shall meet the physical,
emotional, developmental and educational needs of each foster child, in
accordance with the child's case plan.
302 Foster parents shall provide or arrange
for supervision appropriate to each child's age and developmental
level.
303 Foster parents shall
have a plan for providing appropriate substitute care in their absence for
employment or other purposes.
304
Foster parents shall assure that any substitute caregiver is aware of and
agrees to follow all rules regarding supervision and discipline.
305 Foster parents shall not permit any other
person providing care or supervision to their foster child to violate any
provision of these licensing rules.
306 Foster parents shall take reasonable
steps to safeguard foster children from hazards.
Home Environment, Community, and Family Activities
307 Foster parents shall provide
constructive, positive family living experiences for foster children.
308 Material and equipment appropriate for
the ages of foster children shall be available for both active and quiet
play.
309 Foster parents shall
arrange social contact and encourage friendship between foster children and
other children in the community.
310 Foster parents shall provide
opportunities for recreation and community activities.
311 Foster parents shall assure that foster
children attend school in accordance with state law and the child's case
plan.
312 Foster parents shall
assure that household duties or chores are appropriate to the age,
developmental level, and abilities of the foster child, and do not interfere
with school, sleep, study or reasonable recreational time.
313 Foster parents shall not require a child
to use earned money to pay for room and board unless it is approved by the
child's custodian as part of the child's case plan.
314 Foster parents shall provide children
with appropriate clothing.
315
Foster parents shall support children in wearing hairstyles, clothing, and
accessories affirming of the child's racial, cultural, tribal, religious, or
gender identity.
Confidentiality and Privacy
316 Foster parents shall treat all personal
information regarding foster children and their families as
confidential.
317 Foster parents
shall not authorize the publication of the name or photograph of a foster child
in a manner that identifies the child as a foster child without written
permission of the child's custodian.
318 Foster parents shall permit foster
children to communicate by mail and telephone in accordance with the child's
case plan.
319 Foster parents shall
arrange for conditions of reasonable privacy for consultation with attorneys
and caseworkers.
320 Foster parents
shall respect a child's privacy.
Relationships with the Child's Family
321 Foster parents shall support efforts to
establish and maintain ties between foster children and their families, as
specified in the case plan.
322
Foster parents shall not deny a foster child planned visits with a parent or
guardian as specified by court action or the case plan.
323 Foster parents shall cooperate with the
child - placing agency in case planning and in carrying out the case
plan.
Discipline
324
Discipline shall be constructive and educational in nature. Correction must be
fair, reasonable, and consistent, and whenever possible must be logically
connected to the behavior in need of change.
325 Foster parents shall not subject a foster
child to any cruel, degrading, or unnecessary discipline techniques, including
but not limited to:
325.1 Spanking, slapping,
hitting, shaking, or otherwise engaging in aggressive physical contact with a
child;
325.2 Requiring or forcing
the child to take an uncomfortable position, such as squatting or bending, or
requiring or forcing the child to repeat physical movements when used solely as
a means of punishment;
325.3
Isolation in a closet or a locked room;
325.4 Deprivation of necessary food, water,
rest, or opportunity for toileting or bathing;
325.5 Denial of visiting or communications
privileges with family, caseworker, or attorney as a means of
punishment;
325.6 Extensive
withholding of positive emotional responses or stimulation;
325.7 Chemical, mechanical, or physical
restraint except as authorized in Rule
326.
325.8 Any act defined as abuse or neglect by
Vermont Statutes Annotated, Title 33, Chapter 49.
326 Foster parents may not physically
restrain a foster child except when the child's behavior threatens to result in
harm to themselves or others or in significant damage to property, or when such
restraint is in accordance with an established treatment plan.
326.1 The amount of force used in restraint
and the duration of the restraint must be the least amount consistent with
reducing the risk to a level manageable by less restrictive means.
326.2 Foster parents shall report to the
child's custodian all incidents of physical restraint on a foster
child.
326.3 Foster parents shall
keep a written account of any physical restraint used on a foster
child.
327 Foster parents
shall not exclude a foster child from entrance to the residence unless it is
part of an approved case plan.
328
Foster parents shall not punish a child for bedwetting or actions in regard to
toilet training.
Health Care
329
Foster parents shall cooperate with the custodian in securing routine and
emergency medical and mental health care for foster children, including regular
medical and dental examinations, and immunizations.
330 Foster parents shall observe children for
signs of illness, disease, or changes in behavior and shall respond to and care
for a child suffering from illness, accident, or injury.
331 First aid supplies shall be available to
treat minor injuries.
332 Foster
parents shall not withhold prescribed medications or treatment from a foster
child or change prescribed dosages without medical authorization.
333 Foster parents shall not provide to a
foster child any prescription medication not prescribed for that
child.
334 Foster parents shall not
provide alcoholic beverages or any illegal drug to a foster child.
Food and Nutrition
335 Foster parents shall assure that a foster
child is provided at least three meals or their equivalent a day, available at
regular hours.
336 Foster parents
shall provide a well - balanced diet adequate to meet the nutritional needs of
each foster child.
337 A foster
family shall include foster children at family meals and shall offer them the
same choice of food as the rest of the family, with due consideration for
individual nutritional needs and preferences.
Religion and Cultural Heritage
338 Foster parents shall respect the
religious beliefs and cultural heritage of foster children, and shall not
interfere with the reasonable practice of a foster child's religious
beliefs.
339 Foster parents shall
not coerce a foster child into participating in religious activities or ethnic
events against the child's will.
Reporting and Notification
340 Foster parents shall report to the local
Department District Office any circumstances indicating that a foster child is
an abused or neglected child as defined by
33 V.S.A.
§
4912.
341 Foster parents shall notify the child's
custodian:
341.1 As soon as it has been
determined that a foster child has run away or is missing;
341.2 Before making plans for the care of the
child by other persons for any period in excess of 48 hours, or for any planned
absence of the child from the foster home in excess of 48 hours;
341.3 When any member of the household
contracts a disease, which may present a significant threat to the health of
the foster child;
341.4 When a
foster child experiences any serious illness or injury.
342 The licensee shall notify the state
licensing authority when any of the following occur or are anticipated:
342.1 The foster family moves to a different
premises;
342.2 There is a change,
other than foster children, in household membership;
342.3 There are changes in the physical
facility, which affect compliance with these rules;
342.4 The family plans to use sleeping
arrangements other than those previously approved;
342.5 There is a serious physical or mental
illness or injury of any member of the household, which may affect the ability
of the foster family to provide care for the children;
342.6 The family intends to provide care for
children or dependent adults through more than one program or
agency.
Section
40. Physical Environment
401
Foster parents shall maintain the house, grounds and outside equipment and
shall assure that they are reasonably free from any undue hazard or
risk.
402 The foster home shall be
heated and ventilated adequately.
403 Foster parents shall ensure that children
in the custody of the Department shall not be exposed to second hand smoke in
the foster parent's home or vehicle.
404 The foster home shall have telephone
service.
405 The kitchen in the
foster home shall have a sink with running water and all other necessary
equipment for safe food preparation and storage.
406 A foster home shall have a minimum of one
indoor bathroom with a flush toilet, a washbasin with running water, and one
bath or shower with hot and cold water.
407 Any firearm shall be kept in a locked
storage space with ammunition stored separately in a locked space, or shall be
incapacitated by means of the locking of essential parts of the firearm or the
removal and separate locking of such parts.
408 Foster parents shall take precautions to
keep medicines and hazardous materials out of the reach of children.
409 Emergency telephone numbers, including
fire, police, physician, poison control, health agency and ambulance, shall be
conspicuously posted adjacent to the telephone.
410 Foster parents shall restrict the access
of potentially dangerous animals to foster children.
411 Foster parents shall maintain all power -
driven equipment used by foster children in safe condition, with all safety
features in place and operational.
411.1
Foster parents shall provide appropriate orientation and supervision when a
foster child uses such equipment.
Fire Safety
412 The
home shall be free of dangers which constitute an obvious fire hazard, such as
faulty electrical cords, overloaded electrical sockets or an accumulation of
papers, paint or other flammable material stored in the home.
413 Foster parents shall have an evacuation
plan to be used in the event of fire and shall assure that, consistent with
their ability to comprehend, foster children understand the plan. The plan
shall include:
413.1 A description of two or
more means of exit from each floor level used for sleeping by foster
children;
413.2 The designation of
a central meeting place outside the home; and
413.3 A means of evacuating children who need
assistance.
414 Foster
parents shall provide an adequate number of smoke detectors, which are properly
installed, located and functioning. There shall be at least one such detector
in the basement and one on each floor that is used as living space.
415 Foster parents shall place a functional
portable, ABC - type fire extinguisher in the cooking area of the
home.
416 There shall be at least
two accessible exits from each floor level used for sleeping by foster
children.
Bedrooms
417 Each
foster child shall be provided with theirown bed or crib.
418 No foster child over two years of age
shall sleep in the same room with an adult.
419 No child over five years of age shall
sleep in the same room with a child of the opposite sex when either child is a
foster child.
420 There shall be no
more than four children designated to sleep in a bedroom when any of them is a
foster child.
421 No living room,
dining area or other area of the home, which is not ordinarily a sleeping room,
may be used for such purpose by any member of the household on a regular
basis.
422 A bedroom used by a
foster child shall be of sufficient size to allow for a bed and to afford space
for dressing, quiet activities and storage of the possessions of the occupants
of the room.
423 All bedrooms and
bathrooms used by foster children shall be equipped with doors which can be
closed and which can be readily opened from the inside.
424 A bedroom used by a foster child shall
have at least one window, which can be opened to the outside.
425 Bedroom areas shall be accessible through
an entry other than a bathroom.
426
At least one bathroom shall be accessible by means of an entry other than
through a bedroom.
427 A bedroom,
which is accessible only through another bedroom, may be used only when the
occupants of both bedrooms could share a bedroom under the provisions of these
rules.
428 Each foster child shall
have a clean mattress and shall be provided with clean bedding appropriate to
the season.
429 All beds designated
for use by foster children shall have headroom sufficient to allow the child to
sit up comfortably in bed.
430
Foster parents shall provide each foster child with a dresser or other adequate
storage space and a space for hanging clothing near the bedroom occupied by the
child.
Transportation
431
Foster parents shall have access to regular transportation for foster
children.
432 Foster parents shall
maintain vehicles used to transport foster children in a safe condition and
shall assure that such vehicles are properly registered, inspected and
insured.
433 Foster children shall
be transported only by a person possessing a valid driver's license.
434 Foster parents shall assure that when
being transported in the foster parents' vehicle:
434.1 Any foster child weighing less than 20
pounds or any foster child under the age of one is restrained in a rear -
facing position, properly secured in a federally approved child passenger
restraining system, which shall not be installed in front of an active air
bag;
434.2 Any foster child
weighing more than 20 pounds, and who is one year of age or older and under the
age of eight years is restrained in a child passenger restraining system;
and
434.3 Any foster child eight
through 17 years of age is restrained in a safety belt system or a child
passenger restraining system.
Section 50. Definitions.
Applicant
A person who has made formal, written application for a foster home license.
Caregiver
A person who provides care and supervision to a foster child.
Case Plan
The plan for provision of services to a foster child, developed by the agency responsible for providing such services.
Childcare
The provision of care and supervision on a regular or continuous basis in the provider's home for period of less than twenty - four hours a day, whether for compensation or not, to one or more children under sixteen years of age who are not related to the provider and who do not live in the provider's home.
Commissioner
The Commissioner of the Department for Children and Families (Department).
Custodian
The person or agency (such as the Department for Children and Families) having legal custody of a child.
Denial
The formal decision of the state licensing authority not to grant a foster home license to an applicant.
Dependent Adult
An adult who is in need of, and receives, personal care and/or supervision.
Foster Care
The provision of 24 - hour per day care in a family home to a child other than the biological or adopted child of the provider.
Foster Child
A child receiving foster care.
Foster Home
The residence and physical premises in which foster care is provided and the household members residing there.
Foster Parent
A person licensed to provide foster care; a person required by state law to be so licensed.
Household Member
Any person, whether a family member or not, who lives and sleeps regularly in a foster home.
License
Authorization from the state licensing authority for designated individuals to provide foster care at a designated location; the certificate granting such authorization.
Licensed Foster Care
See statutory definition on page 1.
Licensee
A person in whose name a license is issued.
Physical Restraint
Direct physical contact required on the part of a foster parent to prevent a child from hurting themself, others, or property.
Primary Caregiver
An adult who provides care and supervision to a foster child in a foster home on a regular basis.
Revocation
The formal invalidation, for cause, of a license by the state licensing authority.
State Licensing Authority
The state agency with the statutory authority to license foster homes.
Suspension
The immediate temporary invalidation of a license by the state licensing authority in a situation which immediately imperils the health, safety or well - being of a foster child.
Variance
Written authorization by the state licensing authority for an applicant or licensee to meet the intent of a rule in a way other than that prescribed by the rule.
Notes
February 15, 1987 Secretary of State Rule Log #87-004
AMENDED:
December 15, 1992 Secretary of State Rule Log #92-054;
STATUTORY AUTHORITY:
33 V.S.A §§ 105, 4905, 5106
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