18 Miss. Code. R. 6-1-F-VI

Current through December 10, 2024
Section 18-6-1-F-VI - ONGOING SUPPORT

Licensed Resource Parents need regular ongoing consultation and supervision. These functions run concurrently with placement activities. Supervision and consultation should be provided via a team approach involving both Licensure Specialist and the County Worker monitoring the child's placement.

The Licensure Specialist will support Resource Families by being involved in the following activities:

* Participating with Resource Families in FTMs which address:

* Permanency issues;

* Issues in working with the birth family; and

* Issues regarding the care of the child.

* Providing ongoing active support in order to strengthen the placements and prevent disruptions in the Resource Home.

* Initiating FTM when placement is at risk of disrupting.

* Assessing and securing services for Resource Parents to prevent and reduce stress and family crisis.

* Encourage Resource Families' active participation in FTM(s), foster care reviews (county conferences) and court hearings.

The Licensure Specialist will make weekly contact for the first month of the first placement into a newly licensed Resource Family.

The Licensure Specialist will maintain ongoing monthly contact (face to face, telephone, letter, email, etc.) with each licensed resource.

Ongoing monthly contact with all Resource Families will focus on:

* Working with birth family toward maintaining connections and achieving the child's permanency plan;

* Discipline issues with child;

* Marital issues brought about with placement;

* Provision of available services necessary to maintain placement; and

A.Monitoring and Renewal

A Home Environment Checklist is a tool used to guide on-going assessments of Resource Homes for continuing compliance with home environment standards. The Home Environment Checklist shall be completed by the Licensure Specialist every six months after licensing the home.

The Home Environmental Checklist should be completed by a County Worker during a home visit at any moment the worker thinks there should be a check completed. Documentation of the Home Environment Checklist should be entered by the Worker in the Resource Family file in MACWIS within thirty (30) days of completion.

If the County Worker uncovers a concern, the concern must be reported to the Licensure ASWS and/or Licensure Specialist within three (3) working days.

The following shall be monitored during such assessments (See also section II.B.1.a of this policy section):

1. The home shall be well heated/cooled and well ventilated.
2. At all times the home shall have a working telephone, mobile or landline.
3. The home shall be safeguarded, inside and out, against hazardous chemicals, cleaning materials, toxic substances, hazardous objects, equipment, medications, and firearms.
4. The home and premises shall be free of rodent and insect infestation.
5. A home shall not rely on portable space heaters as the sole source of heat and shall not use such space heaters during sleeping hours. The home's fireplaces, floor furnaces, freestanding stoves and open-faced heaters shall be screened or otherwise adequately guarded.
6. The home shall have protective covers for all electrical outlets not in use in all areas occupied by children age 6 and under or any mentally challenged child.
7. The home shall have a well maintained outside play area, clean and free of hazards to the health and physical well-being of the family.
8. The home shall have a continuous supply of clean drinking water. If the water is not from a city or community water supply, the Resource Parent(s) shall provide evidence that a state or local health authority has approved the water system.
9. All licensed homes must have a functional sewage system.
10. The home shall have interior plumbing with running warm and cold water.
11. There shall be no exposed wiring within the home.
12. All household members are included in the Resource Home case file.
B.Re-evaluation

The re-evaluation process will occur annually and include the following:

1. A statement from a licensed health care provider that the Resource Parent(s) are physically capable of caring for the foster children in their home. A complete physical is not required at the time of recertification. Resource Parents shall also provide a list of all medications currently taken by the Resource Parents and reasons for those medicines.

If at any time during the year a Worker feels the health of a Resource Parent(s) may impede their ability to care for the foster children in his/her home, the Licensure Specialist shall request an updated doctor's statement, list of medications and reasons for those medicines.

2. Local background checks (not fingerprinting) are required every year at the time of reevaluation. Fingerprinting is done every five years.

Note: Background checks must also be completed within two (2) weeks of a new household member entering the Resource Home; and background checks, including fingerprinting, are required of all household members who are 14 years of age or older.

3. Home visit conducted by the Licensure Specialist;
4. Complete the Home Environment Checklist during the home visit. Discuss issues and concerns in providing care.
5. Discuss the means of discipline being used with the children currently placed in the home. Discuss and have signed the Affirmation of Understanding Regarding Use of Corporal Punishment - Form MDHS-457A.
6. Review, discuss, and sign the Contract for Designation of Resource Home.
7. Discuss confidentiality issues and sign new Confidentiality Statement.
8. Verification of in-service training (10 hours annually per parent and 12 hours for specialized homes).
9. Verify pet vaccinations.
10. Complete Transportation Checklist.
11. Provide updated emergency evacuation/disaster plan.
12. Gather updated financial statement and verification of income.
13. Verify updated CPR training.
14. The Licensure Specialist shall contact the county workers and county ASWS who have had children placed in the home to determine if there are any ongoing issues. This discussion must be documented in the child's file and Resource Family file in MACWIS.
C. License Changes

Any changes in life circumstances must be reported to the Licensure Specialist prior to a planned change (i.e. marriage, adding household member, relocation, etc.) or within forty-eight (48) hours of unplanned changes (loss of job, death of household member, etc.). A new assessment of the home/family must be completed with any of the following changes:

1.Resource Family Relocation

If the Resource Family moves, a description of the new home, including sleeping and play space, along with the Home Environmental Checklist shall be required within fourteen (14) days of the move.

If relocation involves a move to another county, the Licensure Specialist in the original county shall complete the appropriate MACWIS screens indicating relocation, giving the new Resource Home address, and adjusting the license expiration date which shall be sixty (60) days from the date of relocation. The Licensure Specialist shall inform the family that their license will expire within 60 days of relocation unless a relocation study in completed. The Licensure Specialist shall also notify the COR worker(s) of any child(ren) placed in the home of the Resource Family's intent to move.

Once this information is entered by the Licensure Specialist, it shall be sent to the Licensure ASWS for approval/disapproval. The Licensure ASWS will then transfer the resource case to the new county of residence Licensure ASWS for assignment to a Licensure Specialist. The relocation summary shall then be completed within the sixty (60) days, prior to the expiration of the license.

2.Family Moves Out of State

A Resource Family who moves out of state is no longer eligible for a Mississippi Resource Home license. Plans for moving out of state must be discussed with the child's COR Worker prior to the move in order to determine whether a child's possible move with the Resource Family is consistent with the child's permanent plan.

If all parties (county worker, the court, guardian ad litem, the parents, etc.) are in agreement with the move, the child may move with the Resource Family. A request will be made through the ICPC Unit.

The Resource Parents must sign a Release for Confidential Information for their Resource Home File to be forwarded to another state.

The Resource Family must apply for a license in the other state within thirty (30) days of the move and complete the other state's licensing procedure within ninety (90) days. The Mississippi Resource Home license will remain in effect for the ninety (90) day period of time. If the Mississippi license is due to expire within the ninety (90) days, the license renewal must be completed prior to the move.

3.Licensure Change in Number/Characteristics of Children

If the license change request is for a change in the number of children, an outline of sleeping arrangements and documentation of a discussion of the family's physical and emotional capacity for additional children is required on the appropriate screen in MACWIS by the Licensure Specialist.

Increasing the number of children that a Resource Home is licensed for is at the discretion of the Licensure Specialist based on an assessment of the abilities and resources of the Resource Parent(s). The Licensure ASWS has the authority to approve this request. Only under emergency circumstances and with prior approval from the RD where the home is located, can a COR Worker place more children in a home than the home is licensed for and for only up to 72 hours. In addition to the RD approval there must also be approval from the Licensure Specialist and Licensure ASWS within the 72 hour time frame. This approval is given through the completion of a license change in MACWIS.

For children under age 18 months, a baby bed or crib for sleeping must be in the home prior to the child being placed in the home. Placement of a sibling group exceeding the standard (no more than a total of 5 children in the home) must be recommended by the Licensure Specialist and Licensure ASWS and approved by the RD. This approval shall be documented in the Resource Family file, a narrative in MACWIS and the case file.

4.Licensure Change in Marital Status

If a single Resource Parent marries, it shall be necessary to document the change and to interview the additional household member(s), and enter the information in a MACWIS license change narrative.

A complete background check should be completed prior to the marriage, if possible, but no later than 2 weeks after a new spouse enters the Resource Home. The new spouse of a licensed Resource Parent shall complete pre-service training within the first year of marriage.

Resource Parents who have foster children placed in their home may experience separation or divorce. When this occurs, the Licensure Specialist, in coordination with the County Worker, must evaluate their circumstances to determine if it is in the best interest of the children to remain in the home and whether the licensed father or the licensed mother retains placement of the children when the separation occurs.

The children will not be moved automatically unless there is violation of some other licensing requirement involved. The couple will need to inform their Licensure Specialist and the County Worker immediately of their separation and where they and the children will be living.

Within six months of the couple separating, they must provide proof of divorce or marital counseling toward reconciliation, and that they have obtained counseling for the foster children dealing with separation and attachment.

If these criteria are met, the home shall remain licensed but no additional children will be placed in the home until an assessment by the Licensure Specialist shows that the family has had an adequate period of adjustment.

5. Death/Change in Household

If one of the Resource Parents dies, it will be necessary to discuss with the widow/widower what services they may need as a result of their loss. The Licensure Specialist will complete the appropriate screens in MACWIS to remove the deceased person from the case.

The home shall remain licensed but no additional children will be placed in the home until an assessment by the Licensure Specialist shows that the family has had an adequate period of adjustment. The foster children will also be assessed to see if they are in need of counseling to address grief and loss issues related to the death of the Resource Parent of household member.

6.Addition of Household Members

All additions and changes in household members must be reported to the Licensing Specialist prior to changes being made. If prior notice is not possible, changes must reported within forty-eight (48) hours of the addition/change. Criminal background checks, including fingerprinting and FBI clearance, will be completed on additional household members 14 years of age and older within 2 weeks of the reported change. Failure to report changes in household members and completing background checks may result in the Resource Home license being revoked.

D.Policy Violations and Adverse Actions
1.Corrective Action Plans

The Corrective Action Plan is a formal documentation of the identified needs to be addressed by the Resource Family, the tasks to be completed to reach the desired solution, the timeframe for completion, and action to be taken if the plan is not completed within the given timeframe. The purpose of the Corrective Action Plan is to assist the Resource Family in meeting all the standards of licensing and remain a Resource Home that can better meet the needs of the children that may be placed in the home.

The Corrective Action Plan will list the conditions that need to change so the Resource Family will improve in the area of deficiency. This can include, but is not limited to, parenting skills, discipline techniques, physical home conditions, parent conduct, etc. The Corrective Action Plan should be developed with the family (which helps assure compliance), Licensure Specialist, and COR Worker, when appropriate.

This Plan must be reviewed and approved by the Resource Family, Licensure Specialist, Licensure ASWS, the COR Worker/ASWS and RD.

2.Concerns Regarding Quality of Care

All concerns that arise regarding the quality of care in a Resource Home shall be assessed to ensure the safety, well-being, and permanency of children. Immediate danger to a foster child requires immediate action on the part of the COR Worker and Licensure Specialist. Adverse licensing actions may take time but the needs of the child may require immediate action.

When the reported deficiencies raise questions about the quality of care but do not appear likely to cause immediate physical, mental, or emotional harm to the child, the Licensure Specialist should immediately inform the COR/COS Worker(s) of the conditions and provide the Resource Family the opportunity to meet with the COR Worker, Licensure Specialist, and Licensure ASWS to discuss the deficiencies and create a written Corrective Action Plan.

For a first violation, the Resource Family will be offered training and supportive services to address the problem through the Corrective Action Plan. If the Resource Parent(s) refuses to enter into a written commitment to improve the deficiencies, the resource license may be suspended or revoked. All reported deficiencies and Corrective Action Plans will be documented in the MACWIS Resource Family file as a narrative with a hard copy of a Corrective Action Plan filed in the Resource Home file.

If there is a second violation of the same policy within a six month period, the home shall be closed. If there is a second violation but of a different policy within a six month period, the Licensure Specialist may:

* Request a second Corrective Action Plan;

* Recommend suspension; and

* Recommend closure, depending on the circumstances and nature of the violation.

If the reported deficiencies in the Resource Home present an immediate threat to the physical, mental, or emotional well-being of a child, immediate action shall be taken to protect the child. At no time will a child be left in an unsafe environment. The Licensure Specialist shall inform the Licensure ASWS who shall ensure that any COR Worker/ASWS with a child placed in the home is notified of the existence of the conditions so that the child(ren) may be removed. If the COR Worker/ASWS is unavailable and the child is in an unsafe environment the Licensure Specialist shall notify his/her ASWS to request approval for removal of the child. The Licensure Specialist shall show the home as "not accepting placements" in MACWIS and following the assessment, the Resource Home license may be suspended or revoked.

3. Complaints, Policy Violations, Maltreatment or Other Concerns Reported to DFCS Worker

When a DFCS Worker receives a written or verbal complaint which indicates a possible Resource Home policy violation, DFCS shall either:

* Conduct an assessment of the allegations to assess compliance with policy; or

* Allegations of maltreatment or corporal punishments of child in foster care shall be reported to Centralized Intake for screening. (See Policy section B "Intake")

* All complaints/concerns shall be documented in the resource home narrative.

4.Conviction of a Crime

If there is reason to believe that a Resource Parent or household member has been convicted of a crime or pending indictment of a crime, the Licensure Specialist shall obtain a copy of the criminal conviction record and/or law enforcement background check and follow the evaluation process. (See "Evaluating Criminal Records" at II.A.2.b above).

These records should be reviewed by the Licensure Specialist and Licensure ASWS. If the Licensure ASWS concludes that the records need further review to make a determination, the records will be sent to the Regional Records Review Committee.

A further evaluation shall consider the nature and seriousness of the crime in relation to:

1. Time elapsed since the crime was committed;
2. Degree of rehabilitation;
3. Likelihood that the person will commit the crime again; and
4. Number of crimes committed by the person (history).

If the crime merits suspending or revoking the license, proceed to take action on the license.

5.Removing a License (Closures)

Serious concerns regarding quality of care or repeated policy violations (such as criminal convictions, substantiated abuse/neglect, falsifying documentation, violating confidentiality or discipline policies, etc.), or other conditions posing a danger to a child may result in placing a HOLD on the license or revocation of a license.

The Licensure Specialist shall identify and document specific violations of licensing requirements and the specific policies violated through a MACWIS narrative in the Resource Family file. When these violations meet the threshold for removing a family's license, the recommendations for placing a HOLD or revocation of the license and supporting information will be forwarded to the Licensure ASWS. The Licensure ASWS shall send a copy of the Notice of Action to the Resource Family as well as the COR Worker and the ASWS of any children placed in the home. A copy of the Notice of Action shall be filed in the Resource Home file.

Each case should be considered individually and the reasons for closure thoroughly reviewed. Reasons for closure include, but not limited to:

* The family requests their home be closed;

* The family moves out of state;

* The family refuses to cooperate with the regulations and policies of DFCS, such as failure to cooperate with the implementation of the permanent or concurrent plan of the child;

* Use of corporal punishment;

* Failure to complete a corrective action plan;

* The family cannot or will not take action to meet DFCS licensing requirements; and

* There is an evidenced report of physical, sexual or emotional abuse or neglect of a child.

6.Placing a HOLD on the License (Not Accepting Placement)

The date of the HOLD of a license is effective immediately upon delivery of the Notice of Action to the Resource Home by the Licensure Specialist. Placing a HOLD on a license will be shown in MACWIS as "not accepting placement" until the license is revoked and the home is closed or the deficiencies are corrected through a Corrective Action Plan.

Conditions may exist in a Resource Home that threaten the health, safety, and well-being of a child in the home, but can be corrected by the family. Such instances shall be assessed on a case by case basis as to whether or not the child can remain safely in a home. At no time will a child be left in a situation where the child's safety or wellbeing is uncertain. Rather than revoking the home's license DFCS has the option of placing a HOLD on the license for a specific period of time and allow the family to complete the Corrective Action Plan.

If the family fails to acknowledge the existence of the threatening condition and/or to sign the Corrective Action Plan or if the family is unable or unwilling to complete the Corrective Action Plan within the agreed upon timeframe, the Licensure Specialist shall initiate action to revoke the license and close the home.

7.Revoking the License and Closing the Home

With any decision to take adverse action on a Resource Home license, the Licensure Specialist should review the situation with the Licensure ASWS to determine if and what action should be taken, taking into consideration the specific circumstances of the Resource Family.

Courses of action other than revocation may be more appropriate. Improving the services and care provided by a Resource Family to meet standards is preferable to losing a trained, experienced Resource Family.

The Licensure Specialist will make a recommendation for closure in MACWIS and send a copy of the Notice of Action to the Resource Family as well as the COR Worker and ASWS of any children placed in that home. A copy of the Notice of Action shall be filed in the Resource Home file. The date this notice is sent shall be added to the MACWIS "closure" tab. The Resource Family will have ten (10) days to initiate the Administrative Grievance Hearing Process. (See Appendix S) (See VII.A-B below).

If the Resource Family does not respond to the Notice of Action with a request for a hearing, the home will be closed in MACWIS by the Licensure Specialist and approved by the Licensure ASWS.

If the Resource Family requests an appeal, the home will remain on HOLD until the appeal hearing is completed. The Resource Home license will then be closed or reinstated as determined by the outcome of the appeal hearing.

Each case should be considered individually and the reasons for closure thoroughly reviewed. Reasons for closure include, but not limited to:

* The family requests their home be closed;

* The family moves out of state;

* The family refuses to cooperate with the regulations and policies of DFCS; such as failure to cooperate with the implementation of the permanent or concurrent plan of the child;

* The family cannot or will not take action to meet DFCS licensing requirements;

* There is an evidenced report of physical, sexual or emotional abuse or neglect of a child;

* There is criminal involvement of a person residing in the home;

* The family is operating without due regard for the health, sanitation, hygiene, comfort, or well-being of the children in the home;

* The Resource Parent(s) are misusing the funds provided by DFCS;

* The family fails to meet one or more requirements in the Contract for Designation of Resource Home;

* The family refuses to cooperate with an unannounced visit.

8.Notice of Actions

The Resource ASWS shall provide the Resource Family with written notice of any adverse action with regard to the license status.

The notice shall include the following:

* The condition requiring suspension or revocation.

* The specific policy violation.

* The type of action.

* The right to appeal the action.

The Notice of Action shall be sent to the Resource Parent(s) by certified mail with a copy of the notice to the State Office Permanency Unit.

18 Miss. Code. R. 6-1-F-VI

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016