Ala. Admin. Code r. 660-5-29-.07

Current through Register Vol. 42, No. 12, September 30, 2024

Section 660-5-29-.07 - Approval Process For Foster Family Homes

(1) Application and Procedure for Approval.

(a)Required submissions and agreements

1. The completed Application to Operate Foster Family Home(DHR-612, Rev. 5/01) to the Department of Human Resources

2. Completed Medical Report for Out of Home Care Provider for Children (DHR-2092, Rev. 5/01) to authorizing agency for each adult member of the household. This form must be completed within six months prior to the approval of the foster family home;

3. A statement from a licensed practicing medical doctor, a physician's assistant, or certified family nurse practitioner on all other household members (i.e., foster parents' children, boarders, etc.) certifying to the approving agency the person's freedom from infectious and contagious diseases. This statement shall be dated within six (6) months prior to the approval date of the foster family home.

4. Completed Financial Report (DHR-736, Rev, 5/01);

5. Completed Request for Clearance of State Central Registry on Child Abuse/Neglect (DHR-DFC-1598) for each applicant, household members 14 years of age and over, adult roomers and boarders, and persons regularly visiting overnight;

6. Authorization for release of Alabama and federal criminal history information (DPS/DHR Criminal History Information Consent and Release Form DHR-CHCK-2088, 05/01) for each applicant, adult household member, regular overnight visitors, and substitute caregiver. Authorize release of criminal history and other character and suitability information from other states, if requested by the approving agency.

7. Name, address and telephone number for all persons who will provide emergency substitute care for foster children in the foster family home;

(b)Reference Requirements.

1. Applicants, adult household members and adult persons regularly visiting overnight shall provide to the approving agency the names, addresses and telephone numbers of at least three persons to serve as references. The approving agency may contact additional sources at its discretion to determine character and suitability. The references shall meet the following requirements below:

2. Have known the person for at least two years;

3. Are unrelated to the person by blood, marriage, or adoption;

4. Are able to give information to the approving agency regarding character, community reputation, work history, and suitability to care for children or to have contact with children.

(2)Examination and Investigation of Application.

(a) The following activities are required during the review of the application:

1. The approving agency will examine the physical components of the home to determine compliance with regulations set forth in the Minimum Standards for Foster Family Homes;

2. The approving agency will assess the prospective foster family and household members. The assessment shall include, but not be limited to, interviews with foster family members, household members and references to determine compliance with regulations set forth in the Minimum Standards for Foster Family Homes;

3. An assessment of the character and suitability of the prospective foster family, household members, regular overnight visitors, and substitute caregiver will be completed. The application shall not be approved if the individual makes false or misleading statements to the approving agency regarding incidents or events occurring while on the job or surrounding part of any child abuse or neglect investigation conducted by the Department, law enforcement or other government officials. Such statements are considered as evidence of unsuitable character. Findings of indicated reports on the State Child Abuse and Neglect Central Registry or a criminal history may also be evidence of unsuitable character.

4. If an applicant is an initial applicant, he or she must successfully complete an approved Foster Parent preparation process. However, if the applicant is applying for a renewal, he or she must attend in-service training.

(3) Disposition of the Initial Application.

(a) Initial Approval:

NOTE: Approval for foster family homes does not apply to adoption applications. Dual approvals require both an application for foster family homes and an adoption application.

1. The approval for a foster family home shall be valid for one (1) year after the date of approval unless revoked or voluntarily surrendered. The family shall be provided written notice of approval with one of the following forms:

(i)Foster Family Home Approval (DHE-DFC-614 (10-84), Rev. 3/87) shall be issued by the Department of Human Resources

(ii)Child Placing Agency Approval (DHR-DFC-735, Rev. 7/88).

(b) Denial:

1. The approving agency shall issue a written notice of denial when minimum standards for the operation of a foster family home have not been met.

(4) Renewal of an Foster Family Homes Approval.

(a) The foster parents shall submit the following for renewal of an approval;

1. Application for renewal of an approval to continue operating a foster family home (Boarding Home) (DHR-612) thirty (30) days prior to the expiration date on the current annual approval;

2. If a foster parent makes an application for renewal prior to the expiration of the current application, the approval shall continue in effect until notice action is taken by the approving agency.

3. The name of one (1) reference who has known the family for at least two (2) years;

4. A physical examination (every two years only) after the initial physical examination consisting of:

(i)Medical Report for Persons Giving Care to Children, DHR-2092, Rev.5/01; or

(ii) A statement from a licensed practicing medical doctor, a physician's assistant, or certified family nurse practitioner which attests to the foster parent's physical fitness and mental well being to care for children and freedom from infectious and contagious diseases.

4. Statement from a licensed practicing medical doctor, a physician's assistant, or certified family nurse practitioner on all other family/household members (i.e., foster parents' children, boarders, etc.) certifying to the approving agency, every two years, the person's freedom from infectious and contagious diseases.

(b) The approving agency shall:

1. Make a re-examination and evaluation of the foster family home to determine continued compliance with regulations set forth in this Section. The foster family home will assist in the study as required.

(5)Revocation of an Approval.

(a) An approval shall be revoked or not renewed if the foster parents:

1. Consistently fail to maintain standards prescribed as published by the Department;

2. Violate the provisions of the approval issued;

3. Fail to adhere to all terms of the Foster Family Home Agreement;

4. Furnish or make any misleading or any false statements or report to the approving agency;

5. Refuse to submit or make available to the approving agency any reports or records required to complete the approval process. However, the approving agency shall make written demand on the person, firm or corporation operating the facility and shall allow ten (10) days for submission of such report or reports;

6. Fail or refuse to submit to an investigation by the approving agency;

7. Fail or refuse to admit authorized representatives of the approving agency at any reasonable time for the purpose of investigation;

8. Fail to maintain financial resources adequate for the satisfactory care of children served in regard to upkeep of premises and provisions for personal care, medical services, clothing, learning experience and other essentials in the proper care, rearing and training of the child (ren). (Code of Ala. 1975, § 38-7-8); or

9. Fail to assure safety of children;

10. Fail to submit to the approving agency authorization to obtain criminal history and information from other states, if requested by the approving agency;

11. Fail to submit to the approving agency authorization to obtain subsequent criminal history and information if requested by the approving agency;

12. Refuse to seek correction of any physical, emotional, or mental condition that could be detrimental to a child's care;

(6)Conditions Of An Approval.

(a) Approvals issued by the approving agency to foster family homes permit the foster family home parents to receive from the approving agency a child or children, unrelated to the foster family, for the purpose of providing family care and training on a 24 hour basis.

(b) Foster Family Homes approved to serve children shall not be approved to serve adults without special approval by approving agency.

(c) The number of children received in foster family home care shall not exceed the number specified on the approval.

(d) Foster family home shall be approved for no more than six-(6) foster children unless the children are siblings. No more than two-(2) of the six-(6) children shall be under the age of twenty four-(24) months unless they are siblings.

(e) Supervisory visits to the approved foster family home shall be made by the approving agency as often as necessary to assure the well-being of the foster child or children, the maintenance of the prescribed regulations and to provide consultative services.

(f) The approving agency has the right to, and shall be afforded reasonable opportunity to, inspect any prospective or approved foster family home. Such inspection shall be made at any reasonable time, without prior notice.

(g) The holder of an approval may voluntarily surrender the approval. However, in the best interest of the children, an advance notice of fourteen (14) days should be given the approving agency.

(h) The foster family home approval is nontransferable and is void if the family moves to another dwelling.

Ala. Admin. Code r. 660-5-29-.07

New Rule: Filed July 8, 2002; effective August 12, 2002.

Author: Jerome Webb

Statutory Authority: Child Care Act of 1971 (Title 38, Chapter 7, Code of Ala. 1975,) with specific reference to §§ 38-7-2, 38-7-3, 38-7-4, 38-7-8, 38-7-10; Title 38, Chapter 13, §§1-12, Code of Ala. 1975; Title 41, Chapter 22, §§1-27, Code of Ala. 1975; 12-15-65 and 26-14-1; Federal Court Orders in reference to the R.C. v. Fuller case (R.C. v. Hornsby, No. 88-H-1170-N, Consent Decree) (M.D. Ala. Approved December 18, 1991), Pub. L. No. 89-105, the Adoption and Safe Families Act.