Section 0250-04-09-.07 - FOSTER HOMES(1) Definition. A foster home is one providing substitute family care for a planned period of time.(2) The primary consideration in foster care placement shall be the welfare of the child or pregnant woman rather than the needs of the foster parents.(3) Any out-of-state placement or a child shall be in accordance with the Interstate Compact on the Placement of Children.(4) Approval of Foster Homes(a) The agency shall make a study of foster home applicants prior to approval of the home for use. The study shall be in writing before children or pregnant women are placed in the home.(b) The foster home study shall be based on consideration of the following points. 1. Information obtained through interviews with all members of the family living in the home. There shall be at least one visit to the home.2. The applicants' motivation to provide foster care.3. The applicants' financial security.4. Information obtained through contracts with references, including nonrelatives.5. The physical and mental health of the foster parents and other family members.6. The character, values, and ethical standards of the foster family.7. The foster family's understanding of the need of children or pregnant women in foster care.8. The foster family's ability to work cooperatively with the agency.9. Health and fire safety conditions within the home.(c) The foster home study shall include the caseworker's evaluation of the applicants' suitability as a resource and recommendations as to approval of the home.(d) When the foster home study is completed, the applicants shall be informed in writing as to the disposition of their application.(e) If both foster parents are employed outside the home, it shall be with the knowledge and consent of the agency, and there shall be appropriate child care arrangements.(f) The foster home shall be reevaluated annually in terms of the nine points listed in (4)(b) above.(5) Maternity foster homes shall not have more than three (3) young pregnant women at one time. A foster home may have no more than six (6) foster children placed in a home. The foster home may exceed the six foster children maximum when: (a) Exceeding the maximum would allow a parenting youth to remain with his/her child;(b) Exceeding the limit would allow a youth with a meaningful relationship with a family to stay with the foster family or be placed with the foster family;(c) Exceeding the maximum would allow a sibling group to remain together;(d) Exceeding the maximum would allow for a family with special training or skills to care for a child with severe disabilities; or(e) Exceeding the maximum is determined to be appropriate by the Department.(6) The foster home shall have no more than two children under two years, including the foster parents' own children. With two children under two years, there shall not be more than four children in the home, including the foster parents' own children.(7) The foster home shall not be used for placement by any other agency or individual except by written agreement by the agencies or individuals involved.(8) The agency shall require foster parents to participate in case planning when in the best interest of the child.(9) Agencies shall require foster parents to participate in ongoing training including parenting techniques and discipline and the detection, intervention, prevention, and treatment of child sexual abuse.(10) Maternity foster homes shall also receive specialized appropriate training from the agency.Tenn. Comp. R. & Regs. 0250-04-09-.07
Original rule certified June 10, 1974. Amendment filed August 20, 1974; effective September 19, 1974. Repeal and new chapter filed June 9, 1981; effective July 24, 1981. Repeal and new rule filed November 30, 1988; effective January 14, 1989. Amendment filed July 1, 1993; effective September 14, 1993. Rule assigned a new control number, removed and renumbered from 1240-04-09-.07 filed and effective March 25, 1999. Emergency rule filed November 2, 2020; effective through May 1, 2021. Emergency rule expired effective May 2, 2021, and the rule reverted to its previous status. Amendments filed May 26, 2021; effective 8/24/2021.Authority: T.C.A. §§ 37-5-105, 37-5-106, and 37-5-502.