214 R.I. Code R. 214-RICR-40-00-5.6

Current through December 3, 2024

Section 214-RICR-40-00-5.6 - FOSTER CARE

A. In order to obtain a license to operate a program of foster care services, an agency shall adhere to the regulations contained herein:

B. Application for a License

1. An agency shall submit an application to the Department for a license to operate a foster care program on forms approved by the Department and in a manner prescribed by the Department.

C. Foster Home Recruitment

1. An agency shall develop and maintain an ongoing recruitment program for foster homes based on the following factors:

a. types of foster care needed;

b. number of children expected to need foster care;

c. age of children accepted for care;

d. developmental needs of children;

e. racial identity;

f. sibling relationships; and

g. special needs.

D. Application and Certification

1. Foster Home License Application

a. The agency shall develop an application form(s) for prospective foster parent(s).

b. The form(s) shall be approved by the Administrator of Licensing.

2. Foster Home Licensing Study

a. The agency, in response to an application for a license, shall conduct a licensing study to determine compliance with the foster care regulations as promulgated by the Department.

b. The agency shall assess the foster home for family dynamics, motivation, and suitability for care for specific types of children.

3. Certification

a. An agency shall have written procedures approved by the Department for assessing and recommending foster homes for licensure and relative placements for certification.

b. The agency shall submit a recommendation for licensing action to the Department on forms provided by and in a manner prescribed by the Administrator.

c. When an agency recommends to the Department that a foster home application be denied or that a foster home license not be renewed, the agency shall conform to regulations set forth in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

d. An agency shall document in the foster home record and forward to the Department the following information:

(1) completed application form;

(2) mandated clearances and record checks;

(3) health and safety inspections as required by statutes;

(4) availability of personal references;

(5) availability of medical references(s) and income stability;

(6) administratively approved home study and foster parent capabilities; and

(7) licensing recommendation made to the Department.

E. Monitoring

1. The agency shall monitor each licensed home at least once every six (6) months for licensing compliance.

2. The agency shall develop and maintain standard licensing monitoring forms, approved by the Administrator of Licensing.

3. The agency shall make the foster parent aware of the criteria for licensing compliance and shall provide the foster parent with completed monitoring forms.

4. The agency shall maintain all licensing monitoring records for three (3) calendar years from the expiration of the last issued license.

F. Foster Home Records

1. The agency shall keep a separate confidential record for each foster home which shall contain, but not be limited to the following:

a. Foster parents' written application for a license, as described in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

b. Clearances with the Department and criminal, record checks, as required by Rhode Island statutes;

c. Fire and health inspections, as required by Rhode Island statutes;

d. Family assessment and licensing study, as required in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

e. A written recommendation as to licensing action on approved Departmental forms in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

f. Monitoring reports, conducted semiannually, on standardized forms approved by the Department;

g. Documentation of annual licensing study and recommendation for licensing action;

h. Investigative actions and reports related to any complaints received regarding a foster home;

i. A summary of foster parents' participation in pre-service and annual in-service training;

j. A copy of the agreement between the foster parents and the agency;

k. A report from a foster parent(s) in compliance with agency notification as required in the Foster Home Regulations, (Part 3 of this Subchapter) promulgated by the Department.

l. All correspondence concerning the foster family including any notification to foster parents regarding the availability of a foster child for adoption, and any application to adopt a foster child in the home; and

m. Termination summary for homes which are closed, including the reason(s) for closing.

2. The agency shall maintain for each foster home file a list of all children placed in the foster home, including the name, ages, agency or parent making the placement, dates of placements, and dates and reasons for removal. This list shall be maintained for three (3) calendar years after the last child has left the home.

G. Renewal of a License

1. The agency shall establish criteria for the renewal of a license and shall maintain procedures which verify that all regulations are met prior to making recommendations for licensing to the Department.

2. The agency, at its discretion, may waive the requirements for a completed application form, personal references, and medical examinations.

H. Complaints in Licensed Foster Homes

1. When an agency receives a complaint regarding a foster home which relates to the direct care of a child placed in that home, the agency shall notify the CANTS unit of the Department in accordance with state law and the Administrator of Licensing within twenty-four (24) hours thereafter.

2. When an agency receives a complaint unrelated to direct child care but in possible violation of a foster home regulation in a licensed foster home, the agency shall initiate an investigation within five (5) working days.

a. The investigation shall be completed within thirty (30) calendar days.

b. The agency findings on rule compliance as well as licensing action recommendations shall be submitted in writing to the Administrator of Licensing within five (5) working days following the completion of the investigation.

I. Services to Foster Parents

1. Information for Foster Parents - At the time of placement, an agency shall provide foster parents with all of the following information:

a. The name of the child, agency, and social service worker;

b. Information about the child's known behavioral characteristics, needs, and plans to meet those needs, as identified in the service plans for the child and family;

c. Written consent to obtain routine, non-surgical medical care and immunizations for each child placed in the foster home; and

d. A medical history of the child, including available medical insurance.

2. Orientation - The agency shall provide pre-service training, approved by the Department, to foster parents prior to placing a child in the home, in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

3. In-Service Training - The agency shall provide a licensed foster parent with a minimum of eight hours of in-service training annually, approved by the Department, during the term of the license, in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

4. Agreement - The agency shall have a signed written agreement outlining the rights and responsibilities of both the agency and the foster parents regarding placements. This agreement shall obtain the prior approval of the Department.

5. Assistance to Foster Parent

a. The agency shall be available to give foster parent(s) assistance, consultation, and emotional support with situations and problems encountered in fostering children on a twenty-four (24) hour basis.

b. The agency social service worker shall be available to provide social services in person to the foster parent at least monthly.

6. Payments

a. The agency shall have a written payment schedule and statement on payment procedures for maintenance costs to foster parents and child care programs. The schedule shall reflect the levels of the cost of care for children of differing ages and needs.

b. The agency shall provide the foster parent and child care programs with written notification of changes in the payment schedule at least sixty (60) days prior to any change.

7. Placement

a. The agency shall place a child only in a licensed foster home within the terms of that foster home license and within the terms of the recommendation in the current family study.

b. Upon written request, the Administrator may permit an exception to the above rule for a period not to exceed thirty (30) calendar days based on the recommendation of the agency.

214 R.I. Code R. 214-RICR-40-00-5.6