Md. Code Regs. 07.05.02.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.05.02.13 - Recommendation for Certification

A. The agency's chief administrator or designee shall:

(1) Make the results of the foster parent's home study and training evaluation available in writing for the record and for the applicant;

(2) Review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:

(a) Possible effect on the applicant's ability to execute the responsibilities of a foster parent; and

(b) Applicant's ability to provide quality service to children in care;

(3) Deny certification if an applicant for foster parent certification:

(a) Refuses to consent to the child protective service clearance and the criminal background check;

(b) Has an indicated child abuse finding;

(c) Has a felony conviction for child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, human trafficking, or homicide;

(d) In the 5 years before the date of application for foster parent certification, has a felony conviction for physical assault, battery, or a drug-related offense; or

(e) Refuses to consent to the Motor Vehicle Administration clearance;

(4) If a child abuse or neglect investigation is in process, postpone the decision on certification until the investigation is complete;

(5) Review local department records to determine whether an applicant is in arrears on child support payments and, if in arrears, whether the arrearage:

(a) May be corrected; or

(b) Impacts on the applicant's ability to provide foster care;

(6) Decide to certify or deny based on all available information, State requirements, and agency policy;

(7) Notify the applicant in writing of the decision within 120 days after the date on the signed application; and

(8) Have a signed agreement with the certified foster parent which includes the following:

(a) For the foster parent:

(i) A pledge to serve as foster parent for at least 6 months,

(ii) Those foster parent's actions which require agency staff authorization,

(iii) The extent of liability for damage or risk resulting from foster children living with the foster parent,

(iv) An understanding that certification expires 1 year from the date on the signed agreement, and

(v) Expectations of the foster parent which support activities to promote the right of a child to relationships with the child's own family and cultural heritage; and

(b) For the agency:

(i) An understanding that the foster parent shall be reimbursed financially commensurate with the care needs of the child as specified in the service plan and in a timely manner,

(ii) A pledge that the foster parent shall be treated with dignity, respect, and consideration as a professional member of the agency's child treatment team, and

(iii) A pledge to inform the foster parent of the date, time, and location of CRBC and administrative reviews of the foster child's case and resulting appropriate recommendations, providing information to assist a foster parent without disclosing confidential information.

B. An applicant aggrieved by the agency's chief administrator's decision shall be informed orally and in writing that the applicant may file a grievance in accordance with agency policy.

C. An individual or couple not certified as a foster parent by an agency may not provide care for a foster child.

Md. Code Regs. 07.05.02.13

Regulation .13A amended effective 40:19 Md. R. 1543, eff.9/30/2013