Section R501-12-14 - Additional Child Placing Agency Considerations(1) The agency shall comply with Rule R501-1 regarding incident reporting, Rule R501-14 regarding background screenings and Section 80-2-7 regarding the Interstate Compact for the Placement of Children (ICPC) for agencies taking placements from out- of- state.(2) The agency shall recruit, train, certify, and supervise foster parents.(3) The agency may not certify a home that is licensed or certified or applying to be licensed or certified with any other agency.(4) The agency may not certify agency owners, directors, managers, and members of the governing body to provide foster care services for foster children placed with or by any child placing foster agency.(5) The agency shall:(a) verify completion of the foster parent's training requirements before issuing an initial or renewal certification and before placing a foster child in the home;(b) in addition to the foster parent training requirements of Rule R501-12, train each foster parent regarding the agency's policies and procedures and safe practices before placing a foster child in the home;(c) provide the department with identifying information of certified foster homes via the DCFS provider website if contracted to take DCFS placements, or directly to the licensor as requested of a private agency;(d) maintain documentation of the initial and annual home studies and any updates and provide to the department upon request;(e) have a written agreement with the foster parents that includes:(i) the expectations and responsibilities of the agency, staff, foster parents and limitations of authority;(ii) the services to be provided to and by the foster parent;(iii) the requirements to provide medical, remedial, treatment, and other specialized services to a foster child;(iv) the financial arrangements for a foster child placed in the home;(v) the authority foster parents can and cannot exercise over a foster child placed in the home; and(vi) actions that require staff or DHHS authorizations;(f) monitor and keep detailed documentation regarding foster parents' compliance with Rule R501-12;(g) document each announced and unannounced visit to the foster home, including an initial safety inspection and a minimum of one unannounced safety inspection annually;(h) document each safety inspection completed by the agency on the office-provided home inspection checklist, or a similar form that contains all of the office-provided form contents;(i) coordinate with the office when checklist items are not compliant or other noncompliance is noted to determine how to proceed;(j) document actions on foster parent certifications in the foster parent file to include any request for remediation with assigned time frames, request corrective action plan from the foster parent, or any action to suspend certification or revoke certification;(k) escalate the level of agency action taken toward foster parent certification when there are multiple notations of noncompliance with the same rule;(l) maintain completed checklists and compliance monitoring documentation in each foster parent file;(m) investigate complaints and alleged violations of Rules R501-12, R501-14 and R501-1. The agency shall provide documentation to the office of any investigations into complaints and alleged violations of licensing rules;(n) provide written notification to each foster parent that informs the foster parent of the rights and responsibilities assumed by the foster parent who signs as the responsible adult for a foster child to receive a driver license, as described in Section 53-3-21 and maintain documentation in the foster parent's file, signed and dated by the foster parent, acknowledging receipt of a copy of this written notification;(o) have and comply with written policies and procedures regarding the denial, suspension, and revocation of a foster parent's certification to provide foster care services, that includes written notification of the foster parent's appeal process;(p) provide documentation and immediate notification to the office and and the custodial agency of any denial, suspension, revocation or other agency-initiated termination of a foster parent's certification;(q) not grant or permit any variance to Rule R501-12 or any other regulation without the prior written consent of the director or director's designee of the office;(r) certify foster parent for a specific time period that does not exceed one year before placing any foster child in the home and make documentation of certification dates available to the office upon request;(s) provide ongoing supervision of certified foster parents to ensure the quality of care they provide; and(t) participate with each foster child's legal guardian and the foster parent to obtain, coordinate, and supervise care and services necessary to meet the needs of each foster child in their care.(6) The agency may not take placement of a foster child whose needs exceed the scope or ability of the program to reasonably manage, and the agency shall: (a) outline in policies and procedures the behaviors and presenting issues would be reason for discharge or exclusion from the program;(b) document how the placement of the foster child is appropriate and commensurate with presenting needs and the services that are available to address the child's needs;(c) conduct or coordinate monthly visits to the foster child in the placement or school;(d) maintain responsibility for the child's behavior in the program, school and community;(e) maintain responsibility for transitioning a foster child or 18 to 21 year old into safe and appropriate placement upon discharge from the program or in accordance with ICPC disruption plan if the child is from out-of-state; and(f) ensure in policy and safe practices that sending a child to a homeless shelter, refusal to pick up from detention, or offering one-way plane or bus tickets are not appropriate or responsible program transition actions, unless supported by therapeutic or parental recommendation.(7) The agency shall: (a) provide and receive approval from the school district of certified homes with a youth education coordinating form in compliance with the requirements of Section 26B-2-116;(b) provide accurate and truthful written references for any previously certified home that requests such reference to work with foster children in another licensed agency;(c) maintain copies of completed foster parent initial and renewal applications and accompanying documents, home study document and any subsequent updates, and any other foster parent documentation in a format easily accessible for office review;(d) follow DHHS contract requirements and request guidance from the Division of Continuous Quality and Improvement and the office in the event of conflicting requirements; and(e) if serving individuals involved with the Division of Services for People with Disabilities, ensure compliance with the Home and Community Based Services (HCBS) Settings Final Rule as identified in the Code of Federal Regulations, Title 42, Parts 430 and 431 that shall prevail in the event of a conflict with any rule under Title R501.(8) Failure of the agency to take action when foster parent noncompliance is alleged or noted may result in an action on the agency license by the office.Utah Admin. Code R501-12-14
Amended by Utah State Bulletin Number 2014-24, effective 11/17/2014Amended by Utah State Bulletin Number 2015-22, effective 10/23/2015Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2020-09, effective 5/11/2020Amended by Utah State Bulletin Number 2020-11, effective 5/11/2020Amended by Utah State Bulletin Number 2023-04, effective 2/1/2023Amended by Utah State Bulletin Number 2023-12, effective 5/31/2023