(1) An administrative hearing regarding removal of a child from a foster home for another placement shall be conducted in accordance with Rule R497-100. Date of Enactment or Last Substantive Amendment, Authorizing, Implemented, or Interpreted Law, http://www.utah.gov/government/agencylist.html, http://www.rules.utah.gov/contact/agencycontacts.htm. (19) The Agency shall provide ongoing supervision of certified foster parents to ensure the quality of care they provide. Secs. These individuals shall be knowledgeable regarding the ability of the applicant(s) to provide a safe environment and to nurture foster children. (1) Initial Application for Licensure or Certification: An individual or legally married couple age 21 or over may apply to be a foster parent. However, other general pet care facilities laws may apply to these groups. An approved fire extinguisher shall be a minimum of 2A:10BC five point, rated multi-purpose, dry chemical fire extinguisher. No more than one reference may be a relative of the applicant. (3) Foster parents shall immediately report any serious illness, injury, or death of a foster child to the appropriate Division or Agency and the Office of Licensing. (c) Each applicant shall sign releases of information for any agency where they previously provided certified or licensed foster care. (6) Foster parents shall not use physical work assignments or activities that inflict pain as behavior management techniques. (c) If the foster parent is not satisfied with the results of the agency conference with Child and Family Services, the foster parent shall have the opportunity to request a review, to be held before removal of the child, by a third party neutral fact finder. (a) Each applicant shall disclose all previous foster care licenses and certifications, including those outside the State of Utah. (2) "Child" means a person under 18 years of age or a person under 21 years of age who remains subject to the continuing jurisdiction of the Juvenile Court or whose placement in the home is initiated and facilitated by DCFS. (6) A kinship/specific home license may not be utilized for the placement of any foster child other than the child designated on the license, and may not be utilized for respite care. Each of the three agencies provides a different service and interacts with the family at different stages in the adoption process. An employee may provide foster services for children in the custody of a different Division only with the prior written approval of both Divisions' Directors in accordance with DHS conflict of interest policy. (9) A foster parent shall report all major changes or events to the Office of Licensing or Agency within one business day. (8) The home shall have space or access to common areas for recreational activities. In accordance with 62A-2-117.5 and the Indian Child Welfare Act, 25 U.S.C. These included California Senate and Assembly bills pertaining to foster care and disturbed children's programs, and the Handbook issued by Child Welfare Services. (5) Foster parents shall inform the Office of Licensing or the Agency if they possess or use a firearm or other weapon. (9) Foster parents shall offer nutritious, balanced meals that meet each foster child's individual needs. Documentation shall be provided within two weeks of the action. Rights of Children and Youth in Foster Care (PDF - 1,651 KB) Washington Department of Social and Health Services (2016) Describes the rights of children and youth in Washington's foster care system and also explains how the foster system works, the expectations of foster caregivers, the purpose of a case plan, and reunification efforts. (2) The Agency shall comply with Background Screening Rules, R501-14. (4) The home shall have at least one approved, fully charged fire extinguisher readily accessible to the main living area. (b) A background screening approval shall not be transferred from one Agency to another Agency. (2) If the child was removed as specified in Rule R512-31.4(4), the child shall be placed in emergency foster care until the conflict is resolved or a final determination is made by the Office of Administrative Hearings as required by Section 62A-4a-206. (e) This does not restrict an individual's rights regarding concealed weapons permits pursuant to UC 53-5-704. Background screening approvals and renewal activities have to be completed prior to license expiration. This includes an evacuation plan that also anticipates the evacuation of a child who is non-ambulatory or who has a disability. Date of Enactment or Last Substantive Amendment The Notice of Agency Action shall be sent by certified mail, return receipt requested, within three working days of removal of the child. The Agency shall maintain documentation in the foster parent's file, signed and dated by the foster parent, acknowledging receipt of a copy of this written notification. The foster parent shall be notified by personal communication with the foster parent and by written Notice of Agency Action. (2) This rule is authorized by Section 62A-4a-102. Foster parents may also be referred to by other titles, including but not limited to proctor foster parents, professional foster parents, resource families, or kinship caregivers. (ii) Verification of current CPR/first aid training for each prospective foster parent. These substances include but are not limited to: (c) bleach, including bleach based cleansers; (e) ammonia, including ammonia based cleansers; (l) toxic glues (excludes non-toxic glues); (q) ultra and concentrated detergent capsules. (3) Foster parents shall cooperate with the Office of Licensing, Agency, courts, and law enforcement officials. (16) Home address is clearly visible and location is accessible. Foster parents shall not provide a weapon to a child or permit a child to possess a weapon except as outlined in Sections 76-10-509 through 76-10-509.7. The placement of children in foster care homes is a concept that goes as far back as the Torah and Bible, which refers to caring for dependent children as a duty under law. (11) "Home Study" is the same as a pre-placement adoptive evaluation as outlined in 78B-6-128 and is the written assessment of an applicant's ability to: (a) comply with all applicable statutes and administrative rules related to providing foster care; (b) meet the physical and emotional needs of a child in foster care; and. (9) Foster parents shall promptly take a foster child who has a medical emergency, who is sick, or who is injured, for an assessment by a medical practitioner. (a) These activities include but are not limited to participation in rock climbing, swimming, hunting, target practice, camping, hiking, use of recreational vehicles, and sports. (14) "Medication" means any over-the-counter or prescription drug, vitamin, or supplement in any form. (a) Foster parents do not have the authority of a parent or guardian under Section 76-10-509. A safety plan shall not waive any requirement of this R501-12. Additional DCFS Kinship and Specified Home Licensure Considerations. There are three major steps and three separate agencies involved in completing the process to become a resource family for foster, adopt or foster/adopt. (1) The purpose of this rule is to define the due process rights of foster parents when a decision is made to remove a foster child from their home. The custody laws of Utah are distinct from all other states. Date of Enactment or Last Substantive Amendment, Authorizing, Implemented, or Interpreted Law, http://www.utah.gov/government/agencylist.html, http://www.rules.utah.gov/contact/agencycontacts.htm. (i) For foster children who are not siblings, each day of respite for each individual child counts as one day of respite care. A background screening application is also required at the point any new individual over the age of 18 moves into the home. (3) The Agency shall recruit, train, certify, and supervise foster parents. Your own serious health condition (12 weeks maximum in a calendar year). Utah guardianship may be granted to a competent adult for a minor child or an incapacitated adult (the ward). (10) "Hazardous Material" means any substance that if ingested, inhaled, ignited, used, or touched may cause significant injury, illness, or death. NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes. Child's Rights in Foster Care. (1) A foster parent shall not smoke any substance in the foster home or when a foster child is present. (b) Foster parents shall report any severe or unexpected side effects or reactions to the foster child's health provider. (ii) the person's access is driven by child-centered normalcy needs that are guided by reasonable and prudent parenting as described in 62A-4a-211 through 212 and is not a foster parent-centered delegation of parental responsibility. The rules governing adoption vary among states. All smoking materials shall be inaccessible to foster children. (1) Foster parents shall have a written plan of action for emergencies and disaster to include the following: (a) evacuation with a pre-arranged site for relocation; (b) transportation and relocation of foster children when necessary; (c) supervision of foster children after evacuation or relocation; and. (d) notification of appropriate authorities. (17) "Respite Care" means the short term provision of family based care for a foster child by a foster parent in order to provide relief to another parent. The agency conference shall include the foster parent, foster care caseworker, and the caseworker's supervisor, and may include other individuals at the request of the foster parent or caseworker. The court will consider the best interests of the child when awarding custody rights; the … (c) actively engage in achieving the custodial agency's identified outcomes for foster children. (9) The Agency shall maintain documentation of the initial and annual home studies of the foster parent's home. (2) If the child was removed as specified in Rule R512-31-4(4), the foster parent shall submit a written request for a hearing no later than ten days after receiving the Notice of Agency Action. (12) "Human Services Program" is defined in Section 62A-2-101. (2) This Rule establishes standards that must be utilized by child-placing foster agencies for the certification of foster parents to provide care for foster children. (16) "Reside" means living in the home for any cumulative thirty days of the past 12 months. Any active license on the effective date of this rule shall be given 30 days to achieve compliance with this rule. These hazards shall be mitigated through the use of protective hardware, fences, banisters, railings, grates, natural barriers, or other licensor approved methods. (c) "Natural parent" means a child's biological or adoptive parent, and includes a child's noncustodial parent. (a) Each applicant and all persons 18 years of age or older residing in the home shall submit a background screening application as part of the initial application. (a) Foster parents shall not repackage medications or divide doses into alternative containers. Notification shall be provided through personal communication on the day of removal and by written Notice of Agency Action. (13) The home and its contents shall be maintained in a clean and safe condition. The Agency shall provide documentation to the Office of Licensing of any investigations into complaints and alleged violations of R501-12. 62A-41-102; 62A-4a-105; 62A-4a-206; 63G-4-201; 78A-6-318. Teenagers in foster care are similar to the teens you already know: they worry about fitting in, they stress about homework, and obsess about what clothes to wear. (c) Firearms not stored in a locked container commercially manufactured for the secure storage of firearms shall be unloaded and securely locked. (c) Medical and mental health examinations shall be paid for by the prospective or current foster parent. However, there’s no set age that marks the end of foster care. (c) A probationary license whose terms are not met prior to the expiration of that license shall be extended in corrective or penalty status. (b) The Agency shall coordinate with the Office when checklist items are not compliant to determine which actions should be taken. This Rule is authorized by Sections 62A-2-101 et seq. This includes, but is not limited to: wearing DOT/Snell approved helmets when riding off-highway vehicles (OHV), completing OHV education, personal watercraft or boating education, wearing Coast Guard approved lifejackets, and completing hunter's education. The majority of states have extended foster care, or foster care services to youth in foster care beyond the age of 18. You must contact Utah Foster … (13) The Agency shall investigate all complaints and alleged violations of this rule. Utah 2. (a) The Office of Licensing or Agency is not required to perform a home study until after the background screening applications of all persons 18 years of age or older who reside in the home are approved. (7) Reapplication: A previously licensed or certified foster home is subject to the same requirements as an initial application, with the following exceptions: (a) Each applicant shall disclose all previous foster care licenses and certifications, including those outside the State of Utah. Use these foster care bedroom requirements to make sure your home is equipped and approved.. (d) Initial license expiration dates shall be determined per R501-12-4-9. R501-12-15. Each exit shall be accessible and adequately sized for emergency personnel. ... Mass. (c) Total number of foster and respite children in a home at one time shall not exceed six unless all but one or two of the children are part of a single sibling group. (g) If 24 months or less since lapse of any license or certification, initial training requirements will be waived as long as there is not a change in licensing/certifying agency. (2) Medication shall only be given to the foster child for whom it was prescribed. (c) The approval of a license or certification is not a guarantee that a foster child will be placed or retained in the foster parent's home. Requirements to include: (i) acknowledgment responsibility to maintain confidentiality for current and past clients; (ii) acknowledgement of Office of Licensing Provider Code of Conduct; (iii) verification that the applicant(s) have read and understand R501-12 Foster Care Services; (iv) health statement including new medical reference form if there has been significant health changes over the past year; (v) proof of current CPR/first aid certification; (vi) background screening applications for each adult 18 years of age or older residing in the home or any substitute care providers not identified as incidental caregivers. The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702). Telephone numbers for emergency assistance and the address of the home shall be posted next to the telephone or in a central location visible to the child. (15) The Agency shall 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, which must include written notification of the foster parent's appeal process. (d) Foster parents shall not permit a foster child any access to firearms without first obtaining the written approval of the child's caseworker. (10) The Agency must have a written agreement with the foster parent(s) which includes: (a) the expectations and responsibilities of the Agency, staff, foster parents and limitations of authority; (b) the services to be provided to and by the foster parent; (c) the provision of medical, remedial, treatment, and other specialized services to the child; (d) the financial arrangements for children placed in the home; (e) the authority foster parents can exercise over children placed in the home; and. (ii) Determination of need and type of examination will be made collaboratively involving the licensor, Agency or Office of Licensing administration, and clinical staff from within the Department of Human Services or Agency. (5) Each bathroom shall have a lock sufficient to preserve the privacy of the occupant. Medical reference reports must assess the current ability of the individual to be a foster parent. (4) Each vehicle shall be equipped with a first aid kit. (ii) Keys and combinations utilized to open locked storage for firearms and ammunition shall not be accessible to a foster child. Previously certified homes shall request a written reference letter from the last agency where they were certified, and every agency they have been certified by within the past 3 years, to be sent directly to the Office of Licensing or Agency. R512. (13) Foster parents shall comply with any written safety plan required by the Office of Licensing or Agency which establishes additional safety requirements to protect the child from hazardous conditions on the foster parent's property. (2) Transportation of foster children shall be provided in an enclosed, registered vehicle that has functional seatbelts. (b) Previously licensed homes shall request a written reference from the DCFS region, or out-of-state equivalent, where they last held a foster care license to be sent directly to the Office of Licensing or Agency. (e) In order to promote health and safety, the Office of Licensing or Agency may issue a license or certification that includes additional restrictions unique to the circumstances of the license. Select state, territory, or tribe: (2) Foster parents shall have a written plan for medical emergencies, including arrangements for medical transportation, treatment and care. (4) Each foster parent shall read, acknowledge, and comply with the Office of Licensing Provider Code of Conduct. Generally, reasonable temperatures range between 65-82 degrees Fahrenheit. Rescues and foster homes will provide medical care, training, and socialization for the animals while they wait for adoption. (c) A foster parent shall not permit any person without an Office approved background screening clearance to have unsupervised direct access to a foster child unless: (i) the person is a provider of "Incidental Care" as defined in 62A-2-120 and 501-12-3-15; or. (4) Non-prescription medications may be administered by foster parents according to manufacturer's instructions unless otherwise directed by the child's health provider. (f) actions which require staff or DHS authorizations. Additionally, you cannot serve as a foster parent in Utah if you have more than six children under the age of 18 in the home. (a) Recommended influenza immunizations are optional unless a foster child in the home has an immunocompromised condition. Summary: This overview examines how states deal with foster care and other non-profit rescue organizations. Multiple-level homes shall have a functional, automatic fire suppression system or an escape ladder, stairway, or other exterior egress to ground level accessible from each of the upper levels. (a) Licenses and certifications are site specific. Foster homes, as defined in 62A-2-101(19), shall remain in continual compliance with all foster care rules established by the Office of Licensing. (8) Foster parents may provide respite care in their home as long as they remain in compliance with licensing rules in regards to each child placed for foster and respite care. (i) The locked storage for firearms and ammunition shall not be accessible through the same keys or combinations. (10) The Office of Licensing or Agency may evaluate major changes to determine necessary actions which may include an update to the home study; implementation of a safety plan; amendments to the license certification; request for new references or examinations; or agency action in the form of a penalty. (b) The foster home must have no licensing sanctions currently imposed, including corrective action plans or conditional licenses. R501. **Always check your state and agency requirements for specifics as these vary across the US and from agency … (3) Medication shall not be discontinued without the approval of the foster child's health provider. 1901-1963, the Office of Licensing may issue a waiver of any rule in regards to a kinship/specific home that does not impact the health and safety of the specific child or sibling group. (3) Foster parents shall only use behavior management techniques appropriate for the child's age, behavior, needs, developmental level, and past experiences. Sec. (c) The Agency shall maintain all completed checklists and compliance monitoring documentation in the provider files. (2) The home shall be free from health and fire hazards. Foster parents may provide respite care when the additional foster child(ren) exceed their licensed capacity only as follows: (a) Respite care is limited to a maximum of 10 days within any 30 day period. Every effort is made to keep children with their families unless the safety needs of the children or legal mandates indicate otherwise. For questions regarding the content or application of rules under Title R501, please contact the promulgating agency (Human Services, Administration, Administrative Services, Licensing). For example, most adoption professionals in Utah require that adoptive parents be at least 21 years old. Setting up a bedroom for foster care is an important step in the process of becoming an approved foster home. (20) The Agency shall participate with the child's legal guardian and the foster home to obtain, coordinate, and supervise care and services necessary to meet the needs of each child in their care. (4) Foster parents shall use the least restrictive method of behavior management available to control a situation. (3) In addition to requirements specified in Section 63G-4-201, the Notice of Agency Action shall include the date of removal, the reason for removal, a description of the Foster Parent Conflict Resolution Procedure, and notice regarding the ability of the foster parent to petition the juvenile court judge currently assigned to the case for a review and determination of the appropriateness of the decision by Child and Family Services to remove the child from the foster home, if the child has been in the foster home for 12 months or longer, in accordance with Section 78A-6-318. (b) If a foster child requires immediate access to the child's medication, including but not limited to a child with asthma or diabetes, foster parents may carry a single dose of medication for active use on the foster parent's person. (e) Pursuant to section 62A-4a-1003(2), the Office of Licensing shall review and evaluate information from the Division of Child and Family Services Management Information System for the purpose of licensing and for the purpose of monitoring all individuals who reside in the foster parents' home. (i) Verification of successful completion of agency approved pre-service training by each applicant within the past 24 months, and. Section 78A-6-307. (b) If compliance of all residents in the home cannot be verified, the license shall be restricted to only placements of children who are over the age of 2 months and who are immunized in accordance with the Utah Department of Health's recommendations for their age. The time frame for the conflict resolution procedure shall not exceed 45 days. (b) A professional mental health examination of a prospective or current foster parent may be required by the Office of Licensing or the Agency if there are concerns regarding the individual's mental status which may impair functioning as a foster parent. Most states will disqualify anyone who is currently abusing or addicted to drugs or alcohol. (e) If 12 months or less since lapse of any license or certification, non-agency references will be waived. Only the four original reference individuals submitted will be considered. A change in agency requires new initial training. This is not uncommon, for every state in America has a specific interpretation of child custody laws. KEY. (4) The Agency shall not certify a home which is licensed or certified or applying to be licensed or certified with any other Agency. (3) Prior to a hearing being granted, an attempt to resolve the conflict shall be made as specified in Rule R512-31-(6)(1)(a) and Rule R512-31-(6)(1)(b). (3) This Rule establishes compliance standards for licensed and certified foster parents. (d) The Agency or the Office of Licensing may, in the exercise of their professional judgment, deny or revoke an application or license if a medical reference report or other examination reveals reasonable concerns regarding an applicant's ability to provide foster care services, or if the required examination is not completed and provided to the Agency of the Office of Licensing. 119, § 23 ... Utah. A minimum of three reference letters received must be acceptable to the Agency or the Office of Licensing. A foster parent shall not be licensed or certified unless the background screening applications of all persons 18 years of age or older who reside in the home are approved by the Office of Licensing in compliance with Section 62A-2-120 and R501-14. The Utah law on custody allowsthe court system to make orders for the future care and custody of the parties' children as it deems appropriate. Recreational vehicles, including motorcycles, shall not be used for transportation. (i) bedrooms used by foster children shall have a source of natural light and shall be equipped with a screened window that opens and provides egress to the outdoors. (iii) a verification that the applicant(s) have read and understand R501-12 Foster Care Services; (b) Background Screening: a completed background screening application for each member of the household who is 18 years of age or older, including any supplemental documentation that the application requires; (c) Financial Viability: a written statement of household income and expenses, together with consecutive current pay stubs or income tax forms; (i) The Office of Licensing or Agency may consider poverty guidelines when evaluating the dependence of a foster parent on foster payments for their own expenses. (7) "DJJS" means the DHS Division of Juvenile Justice Services. (7) Medication shall remain locked at all times they are not in immediate, active use. (10) The home shall be maintained at a reasonable temperature when occupied by a foster child. child welfare, foster care, due process. (d) A foster parent shall immediately notify the Office of Licensing or Agency if any person in the home is charged with or under investigation for any criminal offense or allegation of abuse, neglect, or exploitation of any child or vulnerable adult. (1) All indoor and outdoor areas of the home shall be maintained to ensure a safe physical environment. A physical work assignment or activity that results in minor sore muscles does not violate this subsection. (b) Firearms may be stored together with ammunition only in a locked container commercially manufactured for the secure storage of firearms. (1) An applicant may be licensed for the placement of a specific foster child or sibling group. General, common use, household items include, but are not limited to the following: (e) laundry and dish detergent (excluding concentrated pods); (11) Foster parents shall comply with all laws regarding the care and number of animals on their property. 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