Kan. Admin. Regs. § 30-47-914

Current through Register Vol. 43, No. 49, December 5, 2024

Section 30-47-914 - Sponsorship services for placement families and adoptive families

(a) Provision of reports. Each licensee shall ensure that the following information is made available to each prospective foster family and adoptive family upon request:

(1) A copy of the current child-placement agency license for the agency and contact information for the department for any licensing questions;

(2) a copy of the most current annual report prepared by the child-placement agency required by 30-47-909 ; and

(3) a copy of the grievance and appeal processes of the child-placement agency.

(b) Recruitment and retention. Each licensee shall ensure that there is an ongoing recruitment and retention plan to address the need for new and existing placement families and adoptive families. The plan shall include the following:

(1) Methods of recruitment and retention;

(2) types of advertising and other sources to be used;

(3) the establishment of goals for recruiting and retaining foster placement families or adoptive families to meet the needs of the children receiving services from the child-placement agency; and

(4) the identification of specific staff for recruitment and retention activities.

(c) Application process for prospective foster families and adoptive families. Each licensee shall develop and implement policies and procedures for the application process to become a foster family or an adoptive family sponsored by the child-placement agency.

(1) Each licensee shall ensure that the child-placement agency's policies and procedures are followed for the processing of each application of a prospective foster family or prospective adoptive family.

(2) The application process shall include the following:

(A) Obtaining authorization for the child-placement agency to obtain third party information to begin the assessment process, including authorization to conduct background checks and reference checks;

(B) obtaining a signed declaration of the prospective placement parent's intent to become a family foster home parent or the prospective adoptive parent's intent to become an adoptive parent;

(C) receiving, if applicable, the payment of any application fee required by the child-placement agency; and

(D) responding in writing to each prospective foster family and each prospective adoptive family no later than 30 calendar days after receiving the application, indicating the licensee's intent to proceed with the application process, to obtain additional information, or not to proceed with the process.

(3) Each licensee shall develop a child-placement agency application form for each prospective licensed or agency approved foster family and each prospective adoptive family that shall be completed, signed, and dated by each prospective parent and each prospective adoptive parent before the child-placement agency proceeds with the application process.

(d) Orientation. Each licensee shall ensure that there is an orientation program to provide prospective foster families and prospective adoptive families with the following information:

(1) The child-placement agency purpose, philosophical and religious beliefs, policies, and procedures on the sponsorship of placement families and adoptive families;

(2) information on the child-placement agency's requirements to become a foster family;

(3) the training requirements of the child-placement agency;

(4) the characteristics and needs of children typically receiving services through the child-placement agency or placed for adoption by the child-placement agency;

(5) all supports and resources available to placement families and adoptive families sponsored by the child-placement agency;

(6) information on applicable reimbursement rates and schedules and applicable fees for services;

(7) for families applying for a family foster home license or agency approval as a family foster home, information about the licensing or agency approval process;

(8) a description of the programs for which the licensee has been approved by the department and the services offered by the child-placement agency, which may include foster care, domestic adoption, intercountry adoption, and postlegalization or postfinalization services, and the role of the licensee in providing each of the services;

(9) the process the child-placement agency uses to select an adoptive family for a child;

(10) a statement clarifying that the payment of fees is for the services provided by the licensee and does not guarantee the placement of a child with the family;

(11) the expected time frames for each service provided;

(12) the process for sharing with an adoptive family any information about an adoptive child and the child's birth family;

(13) the policies and procedures on contact between the adoptive parents and the birth parents of a child; and

(14) any policy or requirements that would preclude placement of a child with a prospective family foster home or adoptive family.

(e) notification to family. Following the application process, orientation, and completion of a family assessment, each licensee shall notify each prospective foster family or prospective adoptive family of the licensee's decision whether to accept the family for sponsorship. The notification shall be submitted in writing and provided to the family within 30 calendar days of the decision.

(1) If the decision is to accept the family, the notification shall include the effective date of sponsorship.

(2) If the decision is not to accept the family, the notification shall include the effective date and the reason for the decision.

(f) Support and ongoing contact. The designated child welfare worker or a social service staff member operating under the direction of the child welfare worker shall provide supportive services and shall have ongoing contact with each foster family and each adoptive family.

(1) The worker shall provide contact at least one time every three months to maintain communication when there is no child in the family foster home.

(2) The worker shall complete a monthly in-home face to face visit with a foster family when a child is in placement to identify any needed services and supports.

(3) The worker shall provide contact at least one time every three months, to maintain communication with the adoptive family.

(4) The worker shall complete a monthly in-home face to face visit with the adoptive family when a child is placed to identify any needed services and supports until the adoption is finalized.

(g) Training. Each licensee shall provide training opportunities for foster families and adoptive families through direct service or other training resources to enhance the knowledge and skills of placement families and adoptive families. Training for licensed placement families shall include the following:

(1) Prelicensure training.

(A) An instructor-led family foster home preparatory program approved by the department;

(B) an instructor-led first aid training course that includes cardiopulmonary resuscitation (CPR) for the ages of children to be placed;

(C) training in universal precautions; and

(D) medication administration training.

(2) In-service training. Each licensee through direct service or other training resources shall offer at least two clock-hours of training every 90 days each licensing year for a minimum of eight clock-hours each year. At least two of the required eight clock-hours offered shall be instructor led or through participation in group training, including workshops, conferences, and academic course-work. The training topics shall provide the opportunity to develop competency in two or more of the following areas:

(A) Advocacy;

(B) attachment issues and disorders;

(C) child development;

(D) crisis management including intervention techniques for problem or conflict resolution, diffusion of anger and de-escalation methods;

(E) communicating and connections with birth families;

(F) discipline and behavior management techniques;

(G) human sexuality including gender identification;

(H) human trafficking and exploitation;

(I) indicators of gang involvement;

(J) indicators of self-harming behaviors or suicidal tendencies and knowledge of appropriate intervention methods;

(K) medical and mental health disorders, treatment modalities, and pharmacology;

(L) principles of trauma-informed care and trauma-specific interventions;

(M) reasonable and prudent parenting standard;

(N) regulations governing family foster homes;

(O) report writing and documentation methods; and

(P) resources and services available to youth transitioning to independent living if applicable.

(h) Consideration for placement. Each licensee shall perform the following:

(1) Communicate all known strengths, behaviors, and needs of the child, including all special or medical needs of a child to be placed with the adoptive or foster family;

(2) discuss the potential impact of the placement on the family and on the child;

(3) assist with the decision whether or not to accept the child; and

(4) identify any services that will be needed by the child or by the family during the placement.

(i) after placement. Following any decision to remove the child from the family foster home or adoptive family, each licensee shall assist the family with the impact of the removal on the family.

(j) Transfer of sponsorship. Each licensee shall develop and implement policies and procedures for the transfer of sponsorship of placement families and adoptive families from one sponsoring child-placement agency to another when the family requests a transfer. Provisions shall be made for any fee or reimbursement arrangements, completion of family assessments, and for the transfer of records.

(k) Transfer of sponsorship of placement families.

(1) Each transfer shall be based on the written request of a family submitted to the current sponsoring child-placement agency.

(2) The transfer of any licensed family foster home shall be approved by the department before the transfer is completed.

(3) The child-placement agency to which a foster family wants to transfer shall be responsible for the following before accepting sponsorship of the foster family:

(A) Ensuring that the request for transfer and orientation meet the requirements of subsections (c) and (d);

(B) notifying the family's current sponsoring child-placement agency of the request for transfer, the planned date of transfer, and the need for the family's record;

(C) ensuring that a child welfare worker has completed the following:

(i) A new family assessment that meets the requirements of 30-47-916 ;

(ii) reviewing the records, including any complaint history or corrective action plans, from the current child-placement agency and from any other available resources, including the department; and

(iii) based on the family assessment and the review of records, documenting any health and safety concerns and any plan of correction developed between the child-placement agency and the family; and

(D) before accepting any licensed family foster home for sponsorship, each licensee shall meet the requirements of paragraphs (k)(3) (A), (B), and (C) and the following additional requirements:

(i) Notify the department of the request for transfer of sponsorship on a form provided by the department;

(ii) review the most recent licensing health and safety inspection and completing a new inspection if needed;

(iii) provide the department and the family a copy of the new inspection and results;

(iv) provide the department documentation of the correction or plan of correction developed to address any areas of noncompliance that were identified in the assessment or the review of records; and

(v) obtain written approval of the transfer from the department.

(4) The current sponsoring child-placement agency shall be responsible for the following:

(A) Providing the foster family's record to the new sponsoring child-placement agency no later than 30 calendar days from the date of the notification of the family's request for transfer, including the following:

(i) The family assessment and any updates;

(ii) background check form;

(iii) preservice and in-service training materials;

(iv) all health and safety inspections and any related corrective action plans completed within the two-year period before the family's request to transfer;

(v) any history of grievances or complaints and any corrective action plans; and

(vi) the current application for licensure;

(B) notifying the child-placement agent of any child placed in the home that the family is requesting to transfer to a new sponsoring child-placement agency; and

(C) maintaining all sponsorship services to the family until the family's transfer to another child-placement agency has been completed.

(l) Withdrawal of sponsorship. Each licensee shall develop and implement policies and procedures for the withdrawal of sponsorship of foster families and adoptive families.

(1) Each licensee shall document the decision to withdraw sponsorship and the reasons for the decision.

(2) Sponsorship shall not be withdrawn until provisions have been made for any child who is in placement with the foster family or with an adoptive family before legalization or finalization of the adoption. The provisions for the child shall include one of the following:

(A) Arrangements for a new placement for the child; or

(B) completion of the transfer of sponsorship of the family to another child-placement agency.

(3) Each licensee shall notify the foster family or adoptive family in writing of the decision, within 30 calendar days of the decision.

(4) For each licensed family foster home, each licensee shall notify the department of the decision to withdraw sponsorship of the family at the time of notification to the family.

(m) Closure of a foster family or adoptive family home child-placement agency record. Each licensee shall develop and implement policies and procedures for the closure of a foster family or adoptive family home child-placement agency records.

(1) Foster families.

(A) When any foster family notifies the sponsoring child-placement agency that the foster family no longer wishes to be a placement resource for children, the licensee shall document the request and the reason for closure. The licensee shall complete the following:

(i) Work with the family to transfer placement of each child currently placed in the family home within 14 days;

(ii) notify the family of the closure of the child-placement agency's record within 30 calendar days of the closure; and

(iii) if the home is a licensed family foster home, notify the department of the family's reason for closure and the effective date, at the time the family is notified of the closure of the child-placement agency's record.

(B) While a child is in placement with the family, the sponsoring child-placement agency shall not close the child-placement agency record of the family.

(2) Adoptive families. When any adoptive family notifies the sponsoring child-placement agency that the family no longer wants to be an adoptive resource for children and wants to have the child-placement agency record closed, the licensee shall close the record, including the following procedures:

(A) Working with the family to transfer within 14 days, placement of any child who is placed in the adoptive family home, if the legalization or finalization of the adoption has not occurred; and

(B) notifying the family of the closure of the child-placement agency's record within 30 calendar days of the closure.

Kan. Admin. Regs. § 30-47-914

Authorized by K.S.A. 65-508, 75-3084, and 75-3085; implementing K.S.A. 65-508; adopted by Kansas Register Volume 43, No. 21; effective 6/7/2024.