Md. Code Regs. 07.05.02.16

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

Section 07.05.02.16 - Agency Maintenance of Certified Foster Parents

A. The agency shall have written policies and procedures consistent with this chapter to govern maintenance of certified foster parents.

B. The agency shall document that agreed upon financial payments are made to the foster parent in an accurate and timely manner.

C. The agency shall have a written policy to govern the suspension or revocation of foster parent certification for not more than 60 days for a violation of:

(1) This chapter;

(2) COMAR 07.02.21;

(3) COMAR 07.05.01; or

(4) Agency policy.

D. The procedures for suspension are as follows:

(1) At least 20 days before a planned suspension, the agency shall give the foster parent:

(a) Notice of the intended action,

(b) A statement of the specific regulation or policy violated,

(c) An opportunity for the foster parent to remedy the causes for the anticipated suspension, and

(d) A statement describing the agency's grievance procedure;

(2) If certification is suspended as planned by the agency, the agency may not place additional children with the foster parent;

(3) If, after 60 days, the foster parent has not addressed the reasons for the suspension, the agency shall revoke certification; and

(4) Within 30 days of revocation, the agency shall remove all children in care from the home.

E. Emergency Action and Procedures for Revocation of Certification.

(1) Emergency Action.

(a) If the agency finds evidence of the foster parent's gross incompetence, misconduct, child abuse, child neglect, or other conditions which pose an immediate threat to the children's health and safety or that of the general public, the agency shall remove the children from the care of the foster parent upon delivery of a written notice that the certification is revoked or suspended immediately.

(b) The notice shall include:

(i) The citation of specific State regulations or agency policies violated;

(ii) The agency's decision; and

(iii) A description of the agency's grievance procedure.

(c) Once the agency revokes on an emergency basis, the agency may not restore the foster parent's certification unless the agency determines that the causes for the revocation have been remedied.

(2) If the agency revokes a foster parent's certification following a 60 day suspension, the agency shall:

(a) On the 60th day of the suspension, deliver a notice to the foster parent which includes the information described in §E(1)(b) of this regulation; and

(b) Within 30 days of the revocation date, remove the foster children from the foster parent's care.

F. Monitoring.

(1) The agency shall monitor all certified foster parents for compliance with this chapter.

(2) Within 72 hours after the agency receives a complaint that a certified foster parent may have violated State regulations or agency policy, the agency child placement worker shall:

(a) Conduct an investigation to assess the foster parent's compliance with applicable regulations and policy;

(b) Send a written report to the Administration and the chief administrator of the agency stating:

(i) Findings, and

(ii) Any proposed action affecting the certification of the foster parent; and

(c) Inform the foster parent, in writing, of:

(i) Findings,

(ii) Any anticipated actions, and

(iii) If appropriate, appeal or grievance rights of the foster parent.

G. Recertification.

(1) The agency shall conduct recertifications of certified foster parents to determine continuing compliance with State regulations and agency policy:

(a) Annually; and

(b) If the certified foster parent changes address, marital status, or household composition.

(2) The agency child placement worker shall complete and document at least one home visit specifically to recertify the foster parent.

(3) At least 60 days before the expiration of certification, the agency shall:

(a) Determine if the foster parent wishes to continue as a certified foster parent; and

(b) If indicated, reexamine all requirements for the foster parent.

(4) The agency shall complete a review and either recertify or deny certification before the current certification expires to prevent interruption of care.

(5) If the certified foster parent changes address, the agency shall obtain a copy of fire and sanitary inspections for the new address.

(6) If the agency determines that the physical condition of the certified foster parent's home warrants further investigation, the agency shall require additional fire and health inspections.

(7) If a member of the foster parent's household becomes 18 years old during the year before recertification, a federal and State criminal background check and child abuse clearance shall be completed on the household member before recertification.

(8) Upon request, the agency shall make available to the Administration information on recertified foster parents including:

(a) Documents;

(b) Reports;

(c) Statistics;

(d) Files;

(e) Case records;

(f) Financial records;

(g) Memoranda;

(h) Correspondence; and

(i) Any other information which the Administration identifies.

Md. Code Regs. 07.05.02.16