Mo. Code Regs. tit. 13 § 35-60.050
Current through Register Vol. 49, No. 17, September 3, 2024
Section 13 CSR 35-60.050 - Care of ChildrenPURPOSE: This rule sets forth the duties of foster parents to cooperate with Children's Division and to provide physical care to a foster child. The rule further lists the division's expectations concerning education and training, moral and religious training, discipline, chores and work, recreation and leisure, earning and spending money, supervision, and transportation.
(1) Duties of Foster Parent(s) to Cooperate with Children's Division. (A) As used in this regulation, the term "division" shall refer to Children's Division or its foster care case management contractor, as applicable.(B) The foster parent(s) shall cooperate in the division's delivery of social services to the foster child's family.(C) The foster parent(s) shall actively participate in family support team meetings either through attendance or, in lieu of physical attendance, written or oral input.(D) The foster parent(s) shall notify the division at least two (2) weeks prior to any change in family situation including, but not limited to-4. Household composition; or(E) Except in family emergencies, the foster parent(s) shall notify the division within two (2) weeks of any intended addition to household membership so that any required background checks may be completed and results obtained and approved prior to the individual joining the household. In cases of family emergency, the foster parent(s) shall immediately notify the division of any additions to the household membership so that background checks may be completed immediately thereafter.(F) The foster parent(s) shall notify the division if any member of the household is arrested for, pleads guilty to, or is convicted of a criminal offense.(G) The foster parent(s) shall consult with the division regarding any decisions concerning the child's care besides routine day-to-day care and decisions relating to extracurricular, enrichment, cultural, and social activities that are governed by the reasonable and prudent parenting standard set forth in 210.665, RSMo.(H) The foster parent(s) shall inform the division before allowing the foster child to go on visits to the foster child's relatives.(I) The foster parent(s) shall notify the division immediately of any emergencies involving the foster child. This includes serious illness, or injury requiring medical treatment, or other situations in which sound judgment dictates that the division be notified. This requirement does not relieve the foster parent(s) from first taking action, such as obtaining emergency medical treatment for the child before notifying the division.(J) If the foster parent(s) discover that the child is missing, the foster parent(s) shall notify the division immediately. Within two (2) hours of discovering that the child is missing, the foster parent(s) shall also file a missing child complaint with the law enforcement agency having jurisdiction, and inform the National Center for Missing and Exploited Children that the child is missing.(K) The foster parent(s) shall allow the division a reasonable period of time in which to make suitable plans for the foster child when the foster parent(s) have requested the child's removal. The foster parent(s) shall give the division two (2) weeks' advance written notice when requesting removal of a child unless there is an emergency. The advance written notice must include an explanation of the reason why the foster parent(s) is requesting the child's removal.(L) Foster children shall not be permitted to use or be known by the foster parent(s) surname, unless the child, child's parent(s), and the division give their consent in writing.(M) The foster parent(s) shall notify the division at least thirty (30) days prior to moving out of state.(2) Physical Care. (A) The foster parent(s) shall work with the division to provide all necessary medical and dental care for each child. 1. The foster parent(s) shall obtain medical and dental examinations for the child immediately following placement and at least annually thereafter in cooperation with the division.2. The foster parent(s) shall keep the division informed of any health needs of the child.3. The foster parent(s) shall respond to emergency medical needs in accordance with division policies and procedures and local legal requirements.4. The foster parent(s) shall not disclose confidential medical information.5. The foster parent(s) shall maintain a medical file on each foster child placed in the home. The file shall follow the child in the event of removal from the foster home.(B) The foster parent(s) shall provide a routine for foster children for the establishment of good personal hygiene.(C) The foster parent(s) shall provide food of quality and quantity sufficient to meet the nutritional requirements of the foster child according to his/her age and activities. All foods shall be prepared, served, and stored under sanitary conditions.(D) The foster parent(s) shall provide clothing appropriate to the foster child's age and of quality and quantity similar to other children in the community. Where it is appropriate and possible, foster children shall be allowed to participate in the selection of their own clothing. The possessions and clothing of the foster child shall follow the child in the event of removal from the foster home.(E) Care of foster children shall not be combined with regular part- or full-time care of other children, unrelated aged individuals, or with any other service or business conducted in the home without the written approval of the division.(3) Education and Training. (A) The educational and vocational plan for the foster child shall be determined by the family support team.(B) The division and Juvenile Office shall be informed of any educational plan other than education in a traditional public school setting.(C) The foster parent(s) shall comply with the attendance requirements set forth in the educational plan and state law.(D) The foster parent(s) may "act as the parent" on behalf of the foster child in the development of an Individual Education Plan (IEP). The foster parent acting as the parent may represent a child in all matters relating to the identification, evaluation, educational placement, and the provision of a free, appropriate, public education for the child.(E) The foster parent(s) shall maintain a school file for the foster child that includes materials obtained through the school, such as child-specific documentation, report cards, photographs, awards, certificates, or mementos. The file is to follow the child in the event of removal from the home.(4) Moral and Religious Training. (A) The foster parent(s) shall provide for the moral training of foster children and shall make opportunities available for religious education and attendance of services compatible with the child's religious heritage, provided that this training would not be injurious to the foster child's physical, mental, or emotional health.(B) The foster parent(s) shall support a foster child's cultural identity and individuality in foster care.(5) Discipline. (A) Discipline shall be used in a constructive, fair, and consistent manner. The foster parent(s) shall not subject a foster child to corporal or degrading punishment.(B) No foster child shall be subjected to verbal abuse, threats of corporal punishment, derogatory remarks about him/herself or members of his/her family, threats to withhold family visits, threats to expel the child from the foster home, or the withholding of food, shelter, or clothing.(C) No foster child shall be subjected to abuse or neglect as defined in sections 210.110, RSMo.(D) One (1) child shall not be permitted to discipline another child in a foster home.(E) No foster child shall be deprived of mail or family visits as a form of discipline.(6) Chores and Work. (A) No foster child shall be used for soliciting funds or in any other manner exploited by the foster parent(s).(B) The foster parent(s) shall provide work and chore experience for the foster child that is appropriate to the age, health, and abilities of each individual child. Chores and work shall not interfere with the foster child's time for school, study periods, play, sleep, normal community contacts, or visits with his/her family.(C) The foster parent(s) shall differentiate between chores which a foster child is expected to perform as their share in family living, and specific work assignments or opportunities as a means of earning money either in or outside the foster family.(D) The foster parent(s) shall not require or permit work which requires the foster child to operate dangerous or hazardous equipment or machinery unless adequate safety equipment and proper adult supervision are provided.(E) A foster child shall not be required to perform chores or work that is different in amount and type from the community standard for other children.(7) Recreation and Leisure. (A) The foster parent(s) shall provide opportunities for social and physical development through recreation and leisure time activities.(8) Earning and Spending Money. (A) The foster parent(s) shall make every reasonable effort to provide opportunities for experience in earning, spending, and saving money based on age and individual requirements of each foster child.(B) The foster parent(s) shall not require an employed foster child to pay room and board.(9) Supervision. (A) The foster parent(s) will adhere to the reasonable and prudent parent standard when making decisions involving the child's participation in extracurricular, enrichment, cultural, and social activities. In making such decisions, the foster parent(s) shall consider- 1. The child's age, maturity, and developmental level;2. The overall health and safety of the child;3. Potential risk factors and appropriateness of the activity;4. The best interests of the child;5. Promoting, where safe and as appropriate, normal childhood experiences; and6. Any other relevant factors based on the caregiver's knowledge of the child.(B) The foster parent(s) shall provide and ensure safe and adequate supervision at all times appropriate to the foster child's age and individual needs.(C) The foster parent(s) shall not permit foster children to own or operate firearms without written authorization from the division and proper training.(D) The foster parent(s) shall comply with all family support team recommendations and court orders regarding visitation plans; any exceptions require prior approval from the division.(10) Transportation. (A) The foster parent(s) must ensure that the family has reliable, legal, and safe transportation. Reliable transportation includes a properly maintained vehicle with safety standards within the minimum requirements of the law or access to reliable public transportation.(B) The foster parent(s) shall cooperate with the division in providing transportation as indicated by the individual needs of each foster child including but not limited to medical and dental appointments, educational or training programs, and counseling.(C) The foster parent(s) shall not permit a foster child to drive any vehicle without insurance coverage and a proper driver's license or permit.(D) If a privately owned vehicle owned by the foster parent(s), their family members, or their friends is used to transport the foster child- 1. The operator of the vehicle must have a valid driver's license or permit;2. The vehicle must be insured as required by law;3. The vehicle must be registered as required by law; and4. All children in the vehicle shall be secured by car seats or seat belts as required by law.(E) Reimbursement of mileage allowed per division policy is not a guaranteed payment and is subject to the same restraints as provided in the Department of Social Services Administrative Manual travel policy for state employees.AUTHORITY: sections 207.020 and 210.506, RSMo 2000.* Original rule filed July 18, 2006, effective Jan. 30, 2007. Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993 and 210.506, RSMo 1982, amended 1993, 1945Amended by Missouri Register February 1, 2016/Volume 41, Number 03, effective 3/31/2016Amended by Missouri Register September 15, 2023/Volume 48, Number 18, effective 8/28/2023, exp. 2/23/2024 (Emergency)Adopted by Missouri Register July 15, 2024/volume 49, Number 14, effective 8/31/2024.