W. Va. Code R. § 78-2-13

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 78-2-13 - Foster and Adoptive Parents' Characteristics and Criteria

13.1. Personal Characteristics.

13.1.1. Newly approved foster and adoptive parents shall be age 18 or older.

13.1.2. Prior to approval, each foster and adoptive parent shall provide the agency with a written or recorded detailed personal history in his or her own words which may include:

13.1.2.a. Childhood and family experiences, including those with extended family;

13.1.2.b. Education and employment history;

13.1.2.c. Important life experiences;

13.1.2.d. Values, ideals, religious beliefs, if any, and practices;

13.1.2.e. Health history, including use of drugs or alcohol;

13.1.2.f. Hobbies and interests; and

13.1.2.g. Parenting or child care experience.

13.1.3. At the time of consideration by an agency, foster and adoptive parents shall disclose and sign a release of information detailing any current or previous experience with other licensed agencies or the Department. Foster and adoptive parents may only be certified with one agency at any given time.

13.2. Health Considerations.

13.2.1. Prior to approval, foster and adoptive parents shall provide the agency with the following health documentation:

13.2.1.a. An initial medical exam report from a physician for the foster and adoptive parents and all other household members certifying they are in good health, free of communicable diseases, and have had a tuberculin risk assessment or skin test. When TB results are positive, documentation of a physician's recommended follow-up must be on file. An agency shall require documentation of medical exams and TB risk assessment every five years from foster parents.

13.2.1.b. Immunization records for the family's own children; and

13.2.1.c. Any previous history of or current condition involving a disability, alcoholism, or addiction for all household members.

13.2.2. The agency, the Licensing Director or the Director of the Institutional Investigative Unit may require additional examinations, mental health assessments, or drug screens for indications that the safety or well-being of a child in care may be jeopardized by the physical and mental health of a household member.

13.2.3. An agency shall not approve foster and adoptive parents whose health, behavior, or emotional or psychological make-up may endanger the well-being of a child, and shall develop and implement a procedure for the immediate removal of a child in placement if a concern for the child's safety or well-being is indicated.

13.2.4. A foster or adoptive parent currently in therapy shall provide a signed statement from the therapist indicating that he or she is capable of providing appropriate child care.

13.3. Living Arrangements.

13.3.1. The total number of children in a foster home, including the family's own children living in the home, may not exceed six children.

13.3.2. An agency shall not permit a family to parent more than two children less than two years of age in the same home at the same time unless they are siblings.

13.3.3. Foster parents shall not care for unrelated adults for compensation in the home, unless the adults were placed for care in that home as a foster child.

13.3.4. Foster parents shall not provide day care services in the home for unrelated children for compensation.

13.4. References.

13.4.1. Foster and adoptive parents shall provide the agency with the names of at least four references from persons who are not related to the parents.

13.4.2. The agency shall ensure that three of the four references are interviewed face-to-face or by telephone to discuss in detail their responses and any related information. The fourth reference may be in writing. Copies of these interviews shall be signed and dated by the interviewer.

13.4.3. An agency shall not approve a foster or adoptive home unless all references for the foster and adoptive parents are positive in nature.

13.5. Finances and Working Arrangement.

13.5.1. Foster and adoptive parents shall provide the agency with documentation of sufficient income and financial resources to meet their financial obligations.

13.5.2. If foster or adoptive parents are, or a single foster or adoptive parent is, employed outside the home, the agency shall approve a plan for the care and supervision of the child during work hours, and the plan shall be included in the child's service plan.

13.6. Background Checks.

13.6.1. Prior to approval, all household members over the age of 18 shall submit an application to the WV CARES unit of the Department for a criminal background check and a search of Department records of substantiated findings of abuse or neglect.

13.6.2. All offenses committed by current juvenile household members must be reported on a continual basis. These offenses shall be considered in determining the suitability of the home.

13.6.3. Alternate caregiver for a foster child shall meet the same criteria for background checks and protective service record checks as the foster or adoptive parent or be a licensed childcare provider. Alternate caregiver does not mean the occasional short-term, temporary act of caring for a foster child.

13.7. Transportation. An agency shall require that:

13.7.1. Foster and adoptive parents have reliable, legal, and safe transportation available.

13.7.2. Foster and adoptive parents show proof that the vehicles used to transport children are covered by liability insurance.

13.7.3. Foster and adoptive parents will use the reasonable and prudent parent standard when deciding who may transport the child.

W. Va. Code R. § 78-2-13