Section R501-12-4 - Initial Application, Renewal, and Reapplication Process(1) An individual or legally married couple age 18 or over may apply for licensure or certification to be a foster parent.(2) The provider shall apply for licensure or certification by fully completing the approved initial license application template form, that is found on the office website.(3) The office or agency may consider poverty guidelines when evaluating the dependence of a foster parent on foster payments for their own expenses.(4) The office or agency may require supporting documentation of household income and expenses to verify the foster parent or foster parent applicant is financially stable and will not be dependent on foster care reimbursement.(5) The foster parent applicant shall provide verification of successful completion of DCFS or agency approved pre-service training within the past 24 months.(6) The foster parent applicant shall provide verification of current cardiopulmonary resuscitation (CPR) and first aid training. Accepted training includes Heart Savers, American Red Cross, and American Heart Association Friends and Family. (7) The foster parent applicant shall authorize a licensed health care professional to complete a physical exam within the previous 12 months and send a signed medical reference report directly to the office or agency. A medical reference report shall assess the current ability of the individual to be a foster parent.(8) If required by the office or agency to assess mental health status, the foster parent or foster parent applicant shall complete a professional mental health examination. (a) The office or agency shall determine the type of professional mental health examination required based on the nature of the presenting concerns.(b) The office or agency administration shall collaborate with a clinical professional to make the determination of need and type of examination required.(c) The foster parent or foster parent applicant shall authorize the release of examination information to the office or agency, including a signed report that assesses the ability of the individual to parent vulnerable foster children full time as a foster parent.(d) The foster parent or foster parent applicant shall pay for any requested medical or mental health examinations.(e) The office or agency may, in the exercise of their professional judgment, deny, suspend or revoke an application, certification or license if a medical reference report or other examination reveals reasonable concerns regarding an applicant's ability to provide foster care services, or if the required examination is not completed and provided to the office or agency.(9) At the time of initial application or as requested thereafter, the foster parent applicant shall submit the names, mailing address, email addresses, and phone numbers of no more than four individuals who will be contacted by the office or agency and asked to provide a reference letter. If there is more than one individual listed on the foster parent application, the referents may address both individuals in the same reference. (a) The foster parent applicant shall select referents who are knowledgeable regarding the ability of the applicant to provide a safe environment and to nurture foster children.(b) The foster parent applicant shall select one referent that is a relative of the applicant and three non-relatives.(c) The agency or office shall only consider the four original reference individuals submitted.(d) A minimum of three out of the four individuals, including one relative and two non-relatives, shall submit reference letters directly to the office or agency. Except as provided in Subsection R501-12-15(3), the office or agency shall require a minimum of three reference letters received that are acceptable to the office or agency.(e) The office or agency may, in the exercise of their professional judgment, deny an application if a reference reveals reasonable concerns regarding an applicant's ability to provide foster care services.(10) The foster parent applicant and each person 18 years of age or older residing in the home shall submit a background screening application as part of the initial application. (a) A background screening is also required for any new individual over the age of 18 who moves into the home.(b) The office or agency may not license or certify a foster parent unless the background screening of each person 18 years of age or older that resides in the home is deemed eligible by the office in compliance with Section 26B-2-120 and Rule R501-14.(c) The foster parent may not permit any person without an office approved background clearance to have unsupervised direct access to a foster child unless: (i) the person is a provider of incidental care; or(ii) the person's access is driven by child-centered normalcy needs that are guided by reasonable and prudent parenting as described in Section 26B-1-238 and is not a foster parent-centered delegation of parental responsibility.(d) The foster parent shall immediately notify the office or agency if any person in the home is charged with or under investigation for any criminal offense, or allegation of abuse, neglect, or exploitation of any child or vulnerable adult.(e) A pending Child Protective Services, Adult Protective Services or Law Enforcement investigation of any person in the home may result in a license or certification suspension until resolved to the satisfaction of the Office.(f) In accordance with Section 80-2-1001, the office shall review and evaluate information from the Division of Child and Family Services Management Information System for licensing and monitoring individuals who reside in the foster home. When, in the professional judgment of the Office, a supported or substantiated finding against any individual who resides in the foster home may pose a risk of harm to a foster child, the office may issue a safety plan, place parameters on the license or issue a notice of agency action to the foster parent or agency.(11) After completing the required background checks, the office or agency shall conduct a home study before any placement is made in the home.(a) If the home study is being conducted for adoptive purposes, an adoption service provider, as defined in Section 78B-6-103, shall complete the home study.(b) If the home study is not being conducted for adoptive purposes, the home study may be conducted by an individual who: (i) is an adoption service provider; or(ii) is employed or contracted to conduct a home study for an agency licensed by the department and who has participated in the recruiting, hiring, training, and supervising of proctor foster homes for at least a year.(c) The office or agency shall fully complete the home study document on the office approved home study document template, that is found on the office website before an applicant is licensed or certified to take foster placements.(12) A foster parent who wishes to remain licensed or certified to provide foster care services shall submit a renewal applicationas requested by the office before the license or certification expiration.(a) Each applicant requesting license or certification renewal shall fully complete the renewal application form that is found on the office website.(b) The office or agency may require supporting documentation of household income and expenses to verify the foster parent will not be dependent on foster care reimbursement.(c) The office or agency shall update the home study in writing annually after a home visit and safety inspection as a means to assess the family's experience over the past year as a foster family to include:(i) any changes to required home study information;(ii) interviews with any members of the home; and(iii) references or other requested information needed to update the home study.(13) A previously licensed or certified foster parent is subject to the same requirements as an initial application, with the following additional requirements; (a) each applicant shall disclose previous foster care licenses and certifications, including those outside of Utah;(b) each previously licensed applicant shall request a written reference from the custodial agency where they last held a foster care license to be sent directly to the office or agency;(c) each previously certified applicant shall request a written reference letter from the last agency where they were certified, and each agency they have been certified by within the past three years, to be sent directly to the office or agency; and(d) each applicant shall sign a release of information for any agency where the foster parent previously provided certified or licensed foster care.(14) Reapplication of previously licensed or certified applicants may utilize an update of the previous home study as long as the home study was created by the same agency currently relicensing or recertifying the home.(a) The office or agency may add an update to the existing home study from another agency if the agency provides it directly and it is completed on an office approved template found on the office website that addresses and updates general foster parent requirements. The update may reference applicable portions of the original study as an attachment.(b) The department may request new reference letters or additional information if needed to update the home study.(c) The reference letter requirement is waived if 12 months or less have passed since the lapse of any license or certification.(d) A personal health statement is still required, but a physician's statement is waived if 12 months or less have passed since lapse of any license or certification.(e) Initial training requirements are waived, as long as there is not a change of the licensing or certifying agency if 24 months or less have passed since lapse of any license or certification. A change in agency shall require new initial training.(15) The office or agency shall base the decision to approve or deny the applicant to provide foster services on the facts, health and safety factors, and the professional judgment of the office or agency. (a) The office or agency may not deny a person a foster care license or certification on a basis that violates any applicable federal or state anti-discrimination law.(b) The approval of a license or certification is not a guarantee that a foster child will be placed or retained in the foster parent's home.(c) Except for kinship parents, a foster parent may not be licensed or certified to provide foster or respite care services in the same home where they provide child care or another licensed or certified DHHS program.(d) To promote health and safety, the office or agency may issue a license or certification that includes additional restrictions unique to the circumstances of the license.(e) If a license or certification is denied, an applicant may not reapply for a minimum of 90 days from the date of denial.Utah Admin. Code R501-12-4
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