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-IR- Database: Indiana Register

TITLE 465 DEPARTMENT OF CHILD SERVICES

Proposed Rule
LSA Document #10-349

DIGEST

Adds 465 IAC 2-1.5, concerning the licensing of foster family homes for children. Establishes the qualifications of the foster family. Establishes the requirements for the physical facilities of the foster family home, the care of children in the foster family home, and the training of the foster parent. Repeals 465 IAC 2-1. Effective 30 days after filing with the Publisher.




SECTION 1. 465 IAC 2-1.5 IS ADDED TO READ AS FOLLOWS:

Rule 1.5. Licensing of Foster Family Homes for Children


465 IAC 2-1.5-1 "Child placing agency" defined

Authority: IC 31-27-2-4


Sec. 1. As used in this rule, "child placing agency" has the definition set forth in IC 31-9-2-17.5.
(Department of Child Services; 465 IAC 2-1.5-1)


465 IAC 2-1.5-2 "Department" defined

Authority: IC 31-27-2-4


Sec. 2. As used in this rule, "department" means the Indiana department of child services established by IC 31-25-1-1.
(Department of Child Services; 465 IAC 2-1.5-2)


465 IAC 2-1.5-3 Qualifications of the foster family; general

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 3. (a) Foster parents shall be persons at least twenty-one (21) years of age to whom a license to operate, maintain, or conduct a foster family home for children is granted by the department. Foster parents must have a stable living arrangement and may be a married couple, an unmarried cohabitating couple who have lived together for at least one (1) year, or a single person. For married spouses and unmarried cohabitating couples, both individuals must be approved as foster parents. If an applicant is married but separated at the time of initial application, the applicant must have lived apart from his or her spouse continuously for a minimum of a one (1) year period with no intent to reconcile, the applicant must be maintaining a separate household, and the separation must be verified by at least three (3) references.

(b) Foster parents shall be as follows:
(1) Persons whose behaviors, circumstances, and physical and mental health contribute to the safety and well-being of children.
(2) Selected on the basis of demonstrating strengths in skill areas as set out by the department that will permit them to undertake and perform the responsibilities of meeting the needs of children, providing continuity of care, and working with the department or sponsoring child placing agency.

(c) Foster parents shall demonstrate skills in the following competencies:
(1) Protecting, guiding, and nurturing.
(2) Meeting physical, mental, emotional, and developmental needs and addressing any delays.
(3) Supporting relationships between children and their families.
(4) Developing partnerships with birth families, the department and its representatives, and others in the community in order to carry out case plans and establish permanency.
(5) Helping children placed in the foster family home:
(A) develop skills to manage loss and skills to form attachments; and
(B) build on positive self-concept and positive family, cultural, and racial identity.
(6) Connecting children to lifetime relationships.
(7) Working as a member of a professional team.
(8) Other skills as set forth by the department.

(d) Foster parents' ability to meet these competencies shall be reevaluated at each relicensure and at any other time at the discretion of the department or child placing agency.

(e) Foster parents shall cooperate with:
(1) the department and with the child placing agency in the overall plan for care of the child; and
(2) all inquiries from the department or the child placing agency involving the care of the child or the foster parents' license.

(f) Each foster family home shall keep a record of the following:
(1) The names of children placed in the home.
(2) The time of admission.
(3) The time of release.
(4) Any other specific information required by the department or the child placing agency.
These records shall be made readily available upon request to the department or child placing agency.

(g) The foster parents shall report to the department or child placing agency any change within the foster family home impacting the health, welfare, or general well-being of the child, including, but not limited to, the following:
(1) The physical location or mailing address of the foster family home or the telephone number of the foster parents, or both.
(2) The physical condition of the foster family home or in the use of bedrooms in the foster family home as it relates to the child, or both.
(3) Employment of the foster parents.
(4) The physical or mental, or both, health of the foster parents or any household member.
(5) The marital status of the foster parents.
(6) Arrests, convictions, or child protective services assessments and the resulting findings concerning the foster parents or any household member.
(7) The ability of foster parents to care for the child.
(8) The household composition of the foster family.
(9) Temporary relocation of the foster family in the event of a disaster.

(h) A foster home license under IC 31-27-4 shall not be issued concurrently with a license or certificate for other child or adult, or both, care, except with the consent of the department.

(i) The foster family shall fully disclose all businesses conducted on the premises of the foster family home. Commercial activities that adversely affect the welfare of children are prohibited.
(Department of Child Services; 465 IAC 2-1.5-3)


465 IAC 2-1.5-4 Qualifications of the foster family; confidentiality

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 4. Foster parents shall keep confidential all personal information received, or contained in the records the department requires foster parents to keep, concerning a child and his or her family members. Confidential information about a child or the child's family members may be disclosed only as permitted by law and with the consent of the department.
(Department of Child Services; 465 IAC 2-1.5-4)


465 IAC 2-1.5-5 Qualifications of the foster family; finances

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 5. (a) Foster parents shall demonstrate that the household has sufficient income and appropriate fiscal management to maintain its stability and security without a foster care payment.

(b) Foster care payments received on behalf of the child are intended for the sole benefit and care of the child while in foster care.
(Department of Child Services; 465 IAC 2-1.5-5)


465 IAC 2-1.5-6 Qualifications of the foster family; health

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 6. (a) The physical and mental health of all members of the foster family or other individuals living in the foster family home, excluding foster children, shall be such that it will not be detrimental to the health and welfare of the foster children.

(b) Each member of the household, including children, and any person who subsequently becomes a member of the household, must present a medical history form at initial licensure and relicensure. The form must be completed by a physician or certified health practitioner.

(c) Once licensed, foster parents shall notify the department or their child placing agency whenever the physical or mental health of a member of the household changes significantly. If a person in the foster family home should contract a communicable disease, suitable health precautions should be taken for protection of the child as determined by the department and child placing agency, or the child may not be permitted to remain in the foster family home. Suitable health precautions must be based on recommendations from appropriate medical professionals.

(d) The department or child placing agency may require additional documentation or a physical, mental, or psychological examination of any member of the foster family household, if the person exhibits characteristics or behaviors that indicate or could indicate that he or she is unable to provide for the standard of care of the child as specified in this rule.
(Department of Child Services; 465 IAC 2-1.5-6)


465 IAC 2-1.5-7 Qualifications of the foster family; character and suitability

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 7. (a) Foster parents shall be responsible individuals of reputable character who:
(1) exercise sound judgment; and
(2) display the capacity and motivation to provide good care for children.
Foster parents' household members and those who work or volunteer in the foster family home and have or will have direct contact, on a regular and continuing basis, with children who are or will be under the direct supervision of the foster parents shall be responsible individuals of reputable character.

(b) At the time of initial application, the applicant or applicants for a license shall provide the department with the names, addresses, and telephone numbers of at least four (4) persons, two (2) of whom must be unrelated to the applicant by blood, marriage, or adoption. These persons may be contacted to determine the applicant's character, community reputation, financial stability, and suitability to care for children or to have contact with children. Additional persons may be contacted to attest to the applicant's character and suitability to care for children or to have contact with children. The department may, at its discretion, require references for each household member over eighteen (18) years of age.
(Department of Child Services; 465 IAC 2-1.5-7)


465 IAC 2-1.5-8 Physical facilities of the foster family home; general

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 8. (a) The foster family home shall be located, constructed, arranged, and maintained to provide adequately for the health, safety, and moral welfare of all occupants.

(b) The foster family home shall have:
(1) adequate study space; and
(2) access to indoor or outdoor recreation space.

(c) The foster family home shall have working utilities at all times except for temporary interruptions as may be necessary for repairs, natural disaster, or decrees of governmental bodies not the fault of the foster parents.

(d) When natural light is insufficient, it shall be supplemented by artificial light so that adequate light will be available at all times.

(e) The foster family home shall have heating, air-cooling, or ventilating capability to provide for a comfortable temperature.

(f) The foster family home shall have access to a working telephone.

(g) Foster parents shall not allow children placed in the foster family home to be exposed to secondhand smoke in the foster parents' home or vehicle.

(h) When a foster family resides in a mobile home, the following:
(1) There shall be two (2) exits, located at least twenty (20) feet apart. One (1) exit must be within thirty-five (35) feet of each bedroom door.
(2) The mobile home shall be skirted and securely anchored.
(Department of Child Services; 465 IAC 2-1.5-8)


465 IAC 2-1.5-9 Physical facilities of the foster family home; bedrooms and bathrooms

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 9. (a) Bedrooms shall have adequate ventilation for the health, safety, and welfare of the child.

(b) Bedrooms shall be clearly identified as bedrooms. Living, dining, and other areas not commonly used for sleeping shall not be used for a bedroom. A bedroom located in a basement cannot be utilized for a child unless a waiver is granted by the department. The waiver must be specific to a particular child and cannot be a blanket waiver. Factors to consider in granting a waiver include, but are not limited to, the following:
(1) Whether the bedroom is in an area of the basement that is finished.
(2) Whether the bedroom has two (2) easily accessible forms of egress to the outside.
(3) The age (in terms of years and development) of the child that will be utilizing the bedroom.

(c) Children six (6) years of age and older, who share a room, shall be of the same sex. Children over twelve (12) months of age shall not share a bedroom with adults, except in the case of illness or developmental disabilities requiring close supervision and only with the approval of the department. In no event shall a child ever sleep in the same bed as an adult.

(d) Each child shall be provided an individual bed and mattress that is:
(1) off the floor; and
(2) of a size to accommodate the child.
A crib shall be used for a child under two (2) years of age.

(e) Appropriate bed linens shall be provided for the comfort of the child, taking into consideration the age of the child. Water resistant bed pads shall be provided for enuretic children. Bed linens should be changed as often as required for cleanliness and sanitation.

(f) No convertible sofa or other bedding of a temporary nature shall be used except for temporary care and only upon approval of the department.

(g) The foster family home shall have sufficient bedroom space to allow at least fifty (50) usable square feet for each child.

(h) There shall be either closet or wardrobe in addition to drawer space provided for each child's possessions.

(i) Sanitary bathroom facilities that provide privacy shall be available. Water provided for bathing shall be kept at a comfortable temperature.
(Department of Child Services; 465 IAC 2-1.5-9)


465 IAC 2-1.5-10 Physical facilities of the foster family home; safety; general

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 10. (a) Pets:
(1) Current documentation shall be maintained by the foster parents that household pets have had vaccinations required by law.
(2) Household pets known to be vicious or infected with any disease transmittable to humans may not be kept by the foster parents.
(3) Children shall, according to their ages and level of functioning, be protected from animals that are potentially dangerous to their health.

(b) Swimming pools, hot tubs, and bodies of water:
(1) The foster parents or other responsible person shall be physically present at the swimming pool or hot tub to supervise children at all times.
(2) All inground or aboveground swimming pools, hot tubs, or bodies of water accessible to children shall be:
(A) in compliance with all state and local laws and zoning ordinances;
(B) maintained in a clean and safe condition; and
(C) secured in an appropriate manner to prevent children from entering the area unsupervised.

(c) Firearms and other weapons:
(1) Foster parents shall be in compliance with state and local laws with regard to firearms.
(2) Firearms, including BB guns and air guns, shall be unloaded and locked up in the foster family home to prevent unauthorized use. Ammunition and projectiles, such as arrows, or other items which can be used to make a weapon operable, shall be locked separately from the weapon.
(3) Foster children shall not be given access to firearms or other weapons.
(Department of Child Services; 465 IAC 2-1.5-10)


465 IAC 2-1.5-11 Physical facilities of the foster family home; safety; fire and safety hazards

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 11. (a) The foster family home shall be kept free from all unnecessary fire and safety hazards.

(b) The foster family home shall have one (1) smoke detector that is within ten (10) feet of each bedroom door, with at least one (1) smoke detector in operating condition on each level of the home and at least one (1) two and one-half (2 1/2) pounds or greater ABC type fire extinguisher in operating condition on each floor of the home.

(c) A carbon monoxide detector shall be required in the foster family home.

(d) Heating devices, such as:
(1) radiators;
(2) space heaters;
(3) wood stoves;
(4) fireplaces; and
(5) hot water pipes;
within the reach of children shall be screened or otherwise protected as deemed necessary for children being cared for in the foster family home. Portable space heaters and candles shall not be left unattended and shall not be used in rooms where children are sleeping. Heating appliances using combustible fuel shall be vented to the outside.

(e) An evacuation plan shall be developed, and all persons in the foster family home shall be knowledgeable of the plan. Each child in placement shall receive age-appropriate instructions on how to evacuate the foster family home safely in the event of fire or other emergency.

(f) An evacuation kit should be:
(1) maintained at all times; and
(2) inspected annually for completeness.

(g) All:
(1) hallways;
(2) doorways;
(3) entrances;
(4) ramps;
(5) steps; and
(6) corridors;
shall be kept clear and unobstructed at all times.

(h) Flammable and poisonous substances, medications, sharp instruments, and cleaning materials shall be stored safely out of the reach of children or placed in locked storage, as appropriate for the child's age and development. Combustible materials shall be stored at least five (5) feet from furnaces and water heaters.

(i) Fire drills shall be conducted:
(1) monthly;
(2) at varying times of the day; and
(3) during varying weather conditions.

(j) The foster family home shall conform to all rules and regulations of local government, including, but not limited to, those governing fire and safety, and the rules and regulations of the fire prevention and building safety commission as to fire and safety protection.
(Department of Child Services; 465 IAC 2-1.5-11)


465 IAC 2-1.5-12 Physical facilities of the foster family home; safety; cleanliness and sanitation

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 12. (a) The foster family home shall:
(1) conform to the sanitary laws and ordinances of the state and the city or town in which it is located;
(2) be clean overall; and
(3) be maintained as to prevent or eliminate, or both, rodent, insect, or lice infestation.
This includes the presence of screens on windows and doors if used for ventilation.

(b) The water supply and the sewage disposal shall conform to the standards set by the state department of health under its rules and regulations and all laws pertaining thereto. The foster home shall be connected to a public or private water supply. A private water supply shall be tested annually for safety, and the cost of testing will be covered by the foster family.

(c) Outside garbage and trash shall be stored in containers with lids. Garbage and trash shall be removed at intervals to avoid creating a nuisance or menace to health.
(Department of Child Services; 465 IAC 2-1.5-12)


465 IAC 2-1.5-13 Care of children; general

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 13. (a) The foster family shall include the child in the normal routine of the foster family unless the department determines that specific aspects of the routine are inappropriate. No child shall be subjected to cruelty, neglect, or exploitation.

(b) Foster parents must provide supervision and care that meets the needs of each child's:
(1) age;
(2) level of development;
(3) independence; and
(4) responsibility.

(c) In the foster parents' absence, reliable supervision shall be arranged by the foster parents for any child living in the foster family home.

(d) Foster parents shall report to the department and child placing agency any issue concerning a child placed with the foster parents that impacts his or her:
(1) health;
(2) case or permanency plan progression;
(3) welfare; or
(4) general well-being.

(e) Foster parents shall teach independent living skills in a manner appropriate to the child's age and development.
(Department of Child Services; 465 IAC 2-1.5-13)


465 IAC 2-1.5-14 Care of children; education or training

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 14. Foster parents shall:
(1) ensure that the educational needs of children in their care are met; and
(2) work with schools and the department to advocate for the child in educational planning and follow through, including, but not limited to, the planning for and follow-through with any applicable individualized educational program (IEP), as defined at 511 IAC 7-32-48.
Children will be encouraged to participate in extracurricular school and educational activities where appropriate.
(Department of Child Services; 465 IAC 2-1.5-14)


465 IAC 2-1.5-15 Care of children; cultural and religious heritage

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 15. (a) Foster parents must:
(1) respect the culture of the children placed in their care;
(2) make every attempt to support the child's culture; and
(3) provide opportunities, if applicable, for the child to participate in activities related to their cultural heritage.

(b) Foster parents shall not prohibit the child's participation in the child's religious faith nor prohibit related religious activities. The foster parents shall make reasonable efforts to accommodate the child's participation in religious activities that are consistent with the child's religious faith.

(c) Foster parents shall not have a child baptized or admitted into any religious organization without the child's consent and the written approval of the department and the child's parent.
(Department of Child Services; 465 IAC 2-1.5-15)


465 IAC 2-1.5-16 Care of children; discipline

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 16. (a) The foster parents shall be responsible for discipline. Discipline shall:
(1) not be delegated to:
(A) the child's peers; or
(B) persons who are strangers to the child;
(2) be appropriate to the developmental age of the child, related to the child's act;
(3) not be out of proportion to the particular inappropriate behavior; and
(4) be handled without prolonged delay.

(b) Foster parents shall not use mechanical or chemical restraints on the child. Foster parents may not use physical restraint unless specifically authorized by the department in writing.

(c) Foster parents shall not use any of the following types of discipline:
(1) Corporal punishment, including physical hitting or any type of physical punishment inflicted in any manner upon the child's body.
(2) Physical exercise.
(3) Requiring or using force to make the child take an uncomfortable position.
(4) Verbal remarks that ridicule the child or his or her family.
(5) Denial of an emotional response that is appropriate to the situation.
(6) Denial of essential services, for example, the following:
(A) Health care.
(B) Food.
(C) Clothing.
(D) Bedding.
(E) Sleep.
(F) Mail.
(G) Family visitation.
(7) Threats of removal or denial of reunification.
(8) Shaking.
(9) Placement in a locked room.
(Department of Child Services; 465 IAC 2-1.5-16)


465 IAC 2-1.5-17 Care of children; clothing and personal items

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 17. (a) Foster parents shall do the following:
(1) Provide each child with his or her own clean, well-fitted, seasonal clothing appropriate to age, sex, individual, and educational needs and maintain and update the child's clothing accordingly.
(2) Include the child in the selection of the child's own clothing whenever possible.
(3) Allow the child to bring to the home and acquire appropriate personal belongings.

(b) All items brought into the foster home or acquired for the child's use during the placement belong to the child. Foster parents shall send all such clothing and personal items with the child when he or she leaves the foster home.

(c) The child shall be:
(1) provided individual personal hygiene items; and
(2) taught personal hygiene.
(Department of Child Services; 465 IAC 2-1.5-17)


465 IAC 2-1.5-18 Care of children; health

Authority: IC 31-27-2-4


Sec. 18. (a) The foster parents shall do the following:
(1) Cooperate with the department in providing proper:
(A) physical;
(B) mental;
(C) dental;
(D) visual;
(E) auditory; and
(F) developmental;
care for the child.
(2) Assist the department in using Medicaid eligible providers for Medicaid eligible services on Medicaid eligible children.
(3) Keep the department informed of any health needs of the child.

(b) Except as provided in subsection (c), the foster parents shall schedule an appointment for a time within ten (10) days of admission to the foster family home to have the child examined by a physician and follow all recommendations, with follow-up exams as recommended by the schedule set forth by the American Academy of Pediatrics. The initial exam must consist of early and periodic screening, diagnosis, and treatment (EPSDT) services, known in Indiana as HealthWatch. The exam will include screens for physical, dental, visual, auditory, and developmental health.

(c) An initial exam is not mandatory, if the child:
(1) was placed directly from a hospital or physician's office; or
(2) had a documented medical examination within thirty (30) days prior to placement, as part of a child abuse or neglect assessment and is exhibiting no signs of illness or new injuries.
Foster parents shall confer with the department prior to the initial examination to determine if the child has already been examined.

(d) The foster parents shall have the child examined by a dentist within six (6) months of the child's last known exam and cleaning. If no records exist, the child will receive an initial exam and cleaning within ninety (90) days of placement. Follow-up exams and cleanings are required every six (6) months. Foster parents shall confer with the department prior to the initial examination by a dentist to determine if the child has already been examined.

(e) The foster parents shall keep a log of all medications (over-the-counter and prescription) administered to a child.

(f) No prescription medication shall be administered to a child without orders from a licensed medical professional. Medication for the child shall be dispensed in accordance with the physician's instructions.

(g) Foster parents administering psychotropic medication must have received:
(1) any consents required by the department prior to giving the medication; and
(2) instructions regarding the administering of the medication and its possible side effects, in writing, from either the prescribing physician or the pharmacist.

(h) Prescription medication must be kept in the original container labeled with the:
(1) child's name;
(2) date;
(3) instructions; and
(4) physician's name.

(i) In an emergency, the foster parents shall:
(1) make arrangements for emergency care at a nearby hospital, clinic, or doctor's office; and
(2) as soon as possible thereafter, notify the department.

(j) The foster parents shall maintain a medical passport, in accordance with IC 31-28-3, on each child placed in the foster family home. The department will provide the medical passport to the foster parents.
(Department of Child Services; 465 IAC 2-1.5-18)


465 IAC 2-1.5-19 Care of children; diet and nutrition

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 19. (a) The foster family shall provide food of sufficient quality and quantity to meet the nutritional, medical, and psychological requirements of the child. The child's diet shall be well-balanced. The foster parents shall:
(1) provide any special diets as recommended by the child's physician; and
(2) accommodate the child's cultural and religious needs.

(b) There shall be adequate and appropriate facilities for the:
(1) storage;
(2) protection;
(3) preparation; and
(4) serving;
of food.

(c) The room used for eating shall provide space to enable the child and foster family to eat together as a family group.

(d) The child shall not be forced to eat nor shall the withdrawal of food be used as punishment.
(Department of Child Services; 465 IAC 2-1.5-19)


465 IAC 2-1.5-20 Care of children; extracurricular activities

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 20. Foster parents shall encourage participation in extracurricular activities that are appropriate to the age and abilities of the child. All organized activities shall be supervised by:
(1) the foster parents;
(2) another adult caregiver designated by the foster parents; or
(3) the designated group leader.
Foster parents shall encourage the child to take part in community services and activities both with the foster family and individually.
(Department of Child Services; 465 IAC 2-1.5-20)


465 IAC 2-1.5-21 Foster parent training

Authority: IC 31-27-2-4
Affected: IC 31-27-4


Sec. 21. (a) Each foster parent applicant shall do the following:
(1) Successfully complete as a part of the family preparation process preservice training as specified by the department, prior to being initially licensed as a foster home.
(2) Submit evidence of the successful completion of a current course in first aid prior to initial licensure. The foster parent must maintain continuous certification during the licensing period and at relicensure. An updated Red Cross first aid manual or its equivalent shall be available in the foster home.
(3) Submit evidence of the successful completion of a current course in infant, child, and adult coronary pulmonary resuscitation (CPR) prior to initial licensure. The foster parent must maintain continuous certification during the licensing period and at relicensure. An updated Red Cross CPR manual or its equivalent shall be available in the foster home.
(4) Submit evidence of the successful completion of a current course in universal precautions prior to initial licensure. The foster parent must maintain continuous certification during the licensing period and at relicensure.

(b) Each licensed foster parent shall be required to successfully complete the in-service training requirements as specified by the department prior to being relicensed as a foster home. The foster parent shall keep documentation of training completed and have it available for review by licensing staff.
(Department of Child Services; 465 IAC 2-1.5-21)


SECTION 2. 465 IAC 2-1 IS REPEALED.


Posted: 09/22/2010 by Legislative Services Agency

DIN: 20100922-IR-465100349PRA
Composed: Sep 01,2014 7:33:16PM EDT
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