<< Click to Display Table of Contents >> Navigation:  Child and Family Services Policy > Section VIII - Adoption > VIII. A. Family Standards Foster and Adoptive Care Effective 11/30/08

PHILOSOPHY AND PURPOSE

DHHS is committed to assuring that children in its care and custody have families that meet their needs for safety, permanency, and well-being. DHHS seeks a partnership with kinship/foster/adoptive parents and permanency guardians who can provide a safe, stable, and nurturing home environment and who are supportive of children and their families. DHHS seeks kinship/foster/adoptive families and permanency guardians that reflect the diverse racial, ethnic, and minority status of the children in care. Families can be a resource to children in many capacities regardless of the children’s legal status in foster care.

 

Families may be interested in providing foster care, adoptive care or both or permanency guardianship.  The same standards are required for foster care licensing, adoption approval, and permanency guardianship.

 

All applicant/s applying to become a resource family, including foster and/or adoptive resource or permanency guardian shall complete an application packet, participate in a home study and training and meet the Standards for Foster Care Licensing and Adoption Approval.  Foster care applicants must also comply with the Licensing Rules.  This policy is designed to provide children in DHHS care with the basic quality of care necessary for their safety, permanency, and well-being.  

 

This policy supports an efficient and timely licensing/approval process that enables OCFS to provide a licensing/approval decision within 90-120 days from date of initial inquiry, using the following guidance:

 

1.Inquiry:  responded to within 1 business day

 

2.Standard Packet of Info sent same day.

 

3.District Informational Meeting (Info meeting): delivered frequently either by group or individually so that family can attend the next available round of training.  Applications to be distributed at Info meetings for those participants who wish to take one. Applicants will be provided with information and assistance in complying with the Adam Walsh law requirement for all prospective foster and adoptive parents to undergo fingerprinting in order to allow the Department to submit required fingerprint-based checks to the national crime information databases. Participants may stay after the Info Meeting to complete their application with staff assistance.  Staff will call potential applicants two weeks after they have taken the application if the application has yet to be returned to the district. Info meetings should be open to all interested participants, regardless of the District in which the prospective applicant may live.

 

4.Pre-service training

A variety of training schedules will be offered which would allow participants to attend once a week for a month (full day Saturday), twice a week for a month, or once a week for eight weeks.  In the event there is not a critical mass of trainees to begin the training, accommodations will be developed to provide the training in alternative ways, i.e. delivering the training from another district via video conference or ITV.  Families have the option of attending training in another district.  Trainings will be rotated to various locations within each district.  Sites and delivery schedule/method to be collaboratively determined by Child Welfare Training Institute (CWTI) and Office of Child & Family Services (OCFS) district staff.  For this to successfully occur, district staff will need to manage the logistics from the distance learning site in collaboration with the CWTI trainer at the training site.

 

OCFS, CWTI and community partners must continually coordinate efforts so that training is relevant to the home study

 

5.Applicants should be referred for their home study concurrently as they are referred to pre-service training.  Only the completed application which consists of the application and CPS, BMV and SBI check results is necessary prior to referral to pre-service and for the home study. Prior to the applicants final approval for licensing or adoption, the results of the FBI criminal background check must be received.

 

6.Staff will complete the Resource Family Evaluation Report within two weeks of referral for the home study or within two weeks of commencement of the home study if done in-house.  This will give families an opportunity to correct any facility deficiencies identified by licensing, the fire marshal and the water analysis while they are engaged in other aspects of their licensing/approval process.  Licensor or resource approval worker will visit one time before licensure/approval to go through the rules, standards and expectations.

 

7.Home studies are to be completed within 2 months from receipt of the completed referral.

 

8.Licensing worker/adoption caseworker/supervisor to make decision on approval/denial within 1 week after receiving study.

 

Sample Timeline

 

Inquiry 7/1/05

Standard packet of info sent 7/1/05

Info meeting 7/31/05

Training starts 8/14/05

Study starts 8/14/05

Training completed 9/14/05

Study completed 10/14/05

Decision 10/24/05

 

Time efficiency is contingent upon: Good customer service from staff and other providers, applicant’s timely completion of application and other documents, timely entry to pre-service, clearances results obtained without delay, Fire Marshal inspection completed, Plan of Correction submitted, resource staff following up with inquirer/applicant, study completed on time, minimal complications.

 

The applicant will get a letter describing home study/training process and topics addressed in the home study.  During the first session of training, applicants will be asked to write a letter to a birth parent, conveying information that would help the parent trust the foster/adoptive family with the care of their child.  

 

LEGAL BASE

1.Title 22 MRSA Section 8102

2.Title 18-A Article IX Adoption Section 9-304

 

RELATIVE/KINSHIP

Relative resources should be explored as soon as it is identified a child may come into DHHS care. When relatives are interested in providing foster/adoptive care for a relative child, their interest shall be explored as a placement option for the child, as outlined in Policy Section V, Subsection D-7 RELATIVE PLACEMENT AND KINSHIP CARE. Kinship care families will be encouraged to complete an application for foster/adoptive care as soon as they are identified as a possible resource.

 

When immediate placement of children with a relative is required, the Relative Placement/Kinship Care Assessment and the Fire Safety/Home Safety Checklist should be  completed. At the time of placement, staff will encourage the relative to complete an application for foster/ adoption care and will assist relatives in the application process when needed. The family should be referred for training and their home study immediately upon receipt of the completed application. The standards that apply to foster and adoptive care also apply for relative caregivers, unless those standards have been waived

 

Placement decisions are made by the child’s caseworker and supervisor.

 

PERMANENCY GUARDIANSHIP

Permanency Guardianship is one additional option to meet the needs of permanency for children who have experienced abuse and neglect and cannot safely be reunified with their birth parents.  Permanency guardianship can make it possible for children to live permanently in the care of a guardian relative or non-relative, who has committed to provide a safe and caring home.  Individuals interested in permanency guardianship are required to meet the same standards as foster and adoptive families.

 

FOSTER PARENT ADOPTIONS  

Foster/Adoptive parents must be willing to work with DHHS to carry out the child’s case plan and be supportive of the child’s relationship with his or her birth family.  While family reunification services are being provided, DHHS may consider a concurrent permanency plan.  If custody of a child is not returned to birth parent/s or a relative, the next preferred permanency goal is adoption. The Department is committed to a philosophy of current planning that supports reunification concurrent with alternative planning.

 

If the foster parent chooses to adopt, the adoption caseworker will complete a child- specific assessment to ensure that the change of status from temporary foster care to a lifetime commitment of adoption is in the best interest of the child.  The final selection of the adoptive home is made by the child’s caseworker and supervisor.

 

Any foster/resource parent who was licensed prior to 12/31/07 and has an original background check, who has been continuously licensed as a foster parent and who now seeks to become an adoptive parent, is considered to have a valid background check to become an adoption resource and does not need to be fingerprinted until they file for adoption legalization with probate court.

 

DHHS EMPLOYEES

Employees and former employees of DHHS are welcome to apply to foster or adopt through DHHS. They must make their inquiry at a district office other than where they work or have worked during the past five years.  Placement of children with DHHS employees who are at a supervisory level or higher is strictly limited, in order to avoid perceived or actual conflicts of interest and complications in case planning and supervision.  

 

When the DHHS Employee or AAG is a relative of the foster child the relative relationship will take priority over his/her position with DHHS.  In these cases the relative employee’s application to provide foster/adoptive care will be processed and studied outside the district the employee or AAG works in.  If placement with the relative occurs and the case is handled in the same district the relative employee works, the case will immediately be transferred to another district.  The Child Welfare Division Director is to be notified of these cases.  Exceptions to this requirement that are supported by the Program Administrator can be made by the Child Welfare Division Director.  

 

Refer to Child and Family Services Policy Section V., D-4, P. 1-3 for policy regarding placement with DHHS employees or Assistant Attorneys General.

 

ELIGIBILITY REQUIREMENTS

1.Residence

Applicant/s must reside in Maine and intend on residing in Maine for the period required for completion of the licensing/approval process.

2.Age

Applicant/s must be at least 21 years of age.

3.Criminal History

Applicant/s will be automatically denied if they have a felony conviction of child abuse or neglect, spousal abuse, a crime against a child or children (including child pornography) or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.  Applicant/s will also be automatically denied if they have been convicted of a felony in the last five years involving physical assault, battery or a drug related offense.

 

STANDARDS FOR FOSTER CARE LICENSING AND ADOPTION APPROVAL

Refer to Chapter 15 and 16 of DHHS, OCFS Rules Providing for the Licensing of Family Foster Homes and Rules Providing for the Licensing of Specialized Children’s Foster Homes.

 

1.  A commitment on the part of each prospective parent to provide care to children and an understanding of the impact fostering/adopting a child will have on the family.
 

2.Relationships and experiences of children are essential and shall be respected and supported by prospective foster families, with special emphasis on sibling relationships.
 

3.The relationship within the prospective family shall be positive and meet the social, emotional, and developmental needs, including the child’s cultural, religious, ethnic and racial background.  The prospective family will provide opportunities for continued exposure and growth in those areas.
 

4.The members of the prospective family shall be physically and emotionally stable, mature, and law abiding individuals, able to exercise good judgment in meeting the needs of a child and shall not engage in practices detrimental to the welfare of children.  The Department may request additional medical, mental health, or substance abuse evaluations to assess the family’s ability to meet the needs of a child.
 

5.The prospective family shall have an ongoing, predictable income sufficient to meet the needs for a family of their size.  Prospective families working outside the household shall have a plan for safe, stable, and reliable child care, as well as sufficient work flexibility to meet the needs of the child/children as determined by DHHS.  Prospective families may be asked to take time off from work or remain at home, based on the needs of the child.
 

6.The prospective family shall become familiar with the developmental and individual needs of the child.  In relation to those identified needs, the prospective family will care for and advocate for the child in a variety of areas, including both therapeutic and educational settings.
 

7.The prospective family shall work in a cooperative relationship with the Department.  This may include participating in any plan developed by DHHS or any other child placing agency including visitation, treatment, and participation in family team meetings.

 

8.The prospective family must be positive in their approach to discipline.  Any discipline must be appropriate to the child’s age, developmental status and must be consistent with the child case plan. Included as part of the application, foster parents will sign a statement agreeing to refrain from the use of corporal or degrading punishment. In no instance shall any child in the home be subjected to the following:

a.Verbal abuse, derogatory remarks regarding himself/herself or members of their family, threats to expel the child from the foster home, or other forms of psychological abuse
 

b.Physical punishment, kneeling, shaking, spanking, or striking with an object or a blow with the hand
 

c.Severe, cruel, humiliating, or unnecessary punishment
 

d.Physical restraint except when necessary to protect the child from inflicting injury to themselves or others.  Holding shall be the only means of restraint to assist a child who is physically out of control and shall be used to provide the child with an opportunity to regain his/her control
 

e.Administration of any medications, including psychotropic medications, as a means of punishment or control
 

f.Deprivation of mail or family contacts except as approved by the Department  At no time shall a foster parent use restriction of visitation privileges with the child’s family members as a form of discipline or punishment.

 

g.Deprivation of meals
 

h.Punishment for actions over which a foster child has no control
 

Separation when used as discipline shall be brief and appropriate to the child’s age, and developmental level.  The child should be within sight and hearing distance of the foster parents in a safe, lighted, well ventilated, unlocked room, consistent with Child Welfare Services policy V.D.11- Behavior Support and Management.

 

Disciplinary measures must be administered as soon after the problem behavior as possible, reasonably related to the nature of the offense, not excessive, and carried out by an adult responsible for the care of the child and who witnessed or became aware of the misbehavior.

 

All children who are recipients of services from Child Welfare Services are entitled to be treated with dignity and respect in a culture that promotes healing and provides the child with the support needed to manage his or her own behavior. Child Welfare Services policy V.D.11.Behavior Support and Management provides guidance on use of behavioral interventions.

 

It is the intent of this policy that adoptive and legal guardianship parent/s intend to and demonstrate ability to comply with this policy after the adoption/legal guardianship is legalized.

 

9.         CPS HISTORY

An application may be denied if the applicant/s have an open Child Protective Services Case or a closed indicated or substantiated Child Protective Services case.  No license or approval shall be issued pending the outcome of the assessment. It is the Department’s responsibility to work with a family to identify current mitigating factors related to past CPS history.

 

10. The prospective family must have received a satisfactory Fire and Safety Code inspection or accepted plan of correction and a satisfactory water analysis or accepted plan of correction, and an approved Family Disaster Plan.

 

11. Foster parents who transport children in their own vehicles must be able to show evidence of current driver license, vehicle registration, insurance, and inspection, and appropriate use of passenger safety restraint systems, including appropriate use of infant and children’s car seats, when applicable.

 

12. The applicant must agree to follow the rule regarding no smoking in the home and vehicle.

 

MODIFICATIONS OF LICENSING RULES AND ADOPTION APPROVAL

 

WAIVERS

A waiver is a request to meet the intent of the rule/provision in an alternative way and cannot be granted if state law mandates the rule.  The foster/adoptive parent or Department staff will submit a request for a waiver in writing to the Commissioner or his/her designee.  The request must include:

▪A statement of the rule/provision they are requesting a waiver for

▪An explanation of why the rule/provision cannot be met and why a waiver is being requested

▪A description of the alternate method for meeting the intent of the rule/provision.  

 

The foster care licensing or adoption supervisor will review and approve the request for a waiver prior to submission to the Commissioner or designee.  The Program Administrator is the Commissioner’s designee.  A waiver is in effect for the term of the license and may be reconsidered at the time of renewal OCFS will respond to the request in writing. Documentation of the request and response will be maintained in the licensing or adoption file.

 

Those items that are currently in the foster home licensing rules and state law and cannot be waived include:  

 

▪Satisfactory Fire and Safety Code inspection

▪The two year term of the license/approval

▪The appeal process

▪Criminal background exclusions

▪Age requirements

▪Residency requirement

 

EXCEPTIONS  

An exception may be granted in special circumstances to certain foster care licensing rules.  They include the following for Licensing only:

▪Sibling exception to allow siblings to be placed in a foster home when the number of children will exceed the number allowed by rule and law.

▪A “step-down” child in the 3rd slot of a therapeutic foster home who once again requires therapeutic care.

 

The following exceptions may be granted for both foster care and adoptive care providers:

▪In family foster care and adoptive care, the allowance of adult boarders or roomers or any other license to provide childcare.  

▪The use of a relative as a reference.

▪Introductory training when the foster or adoptive parents are applying with the intent to care for a specific child, they already have a relationship with the child, and where no other foster children will be living.  

▪The allowance of a child over the age of one to share a bedroom with an adult.

▪The allowance of a foster family’s former foster child to continue residing in the home as an adult or the allowance of the former foster child to return at a later date to live in the home, without being considered a  roomer or a boarder.

 

All exceptions require the approval of the foster care licensing supervisor/adoption supervisor except for the “step-down” exception, which requires the approval of the Child Welfare Program Administrator.  The foster/adoptive home record must document the exception being requested, the reason for the request, the decision made, and the justification for the decision.

 

 

RECRUITMENT OF FOSTER AND ADOPTIVE RESOURCE FAMILIES

 

Each Office/District will have recruitment and training efforts which are planned and implemented to ensure a suitable family is available for every child entering care. Recruitment efforts will involve key stakeholders, including foster care alumni, current foster parents, community leaders, and other organizations in the community. Recruitment efforts will include targeting individuals and families who will care for children who are difficult to place, including older youth and children with special needs. Recruitment efforts will be made to seek families that reflect the ethnic and racial diversity of families we serve. The Department believes children should be placed in their home communities whenever possible.

 

INQUIRY PROCEDURE

Each office/District will have a responsive system for managing inquiries about foster and adoptive care. Receptionists and reception areas should have materials and information about DHHS foster and adoptive care.

See Appendix 1

 

APPLICATION  PROCEDURE

Each office/District will have a responsive system for managing applications for foster care licensing and adoptive approval.

See Appendix 2

See Appendix 3 for Resource Family Application

 

PRE-SERVICE TRAINING      

The home study process consists of both a family assessment and an educational experience.  Applicant/s shall complete the pre-service training for foster/adoptive parents offered by the Child Welfare Training Institute (CWTI), a collaborative effort between the University of Southern Maine, Muskie School, Institute for Public Sector Innovation and the State of Maine, Department of Health and Human Services, Office of Child and Family Services or by a licensed Child Placing Agency whose staff have been trained to deliver the CWTI curriculum. This training provides an introduction to caring for children with special needs, ways to enhance collaboration within the OCFS system, and identifies resources and supports within the foster/adoptive parent community.  

 

Applicant/s will complete pre-service training prior to licensure/approval and placement of a child in their home.  Exceptions to enrolling in pre-service training may be made when the foster/adoptive/permanency guardian applicants are applying for a license/approval/permanency guardianship with the intent to care for a specific child and have an already established relationship with the child and where no other foster or adoptive children will be placed.   An exception may also be given to foster/adoptive care/permanency guardianship applicants who show evidence of completion of comparable training in another state and the training was taken within the past five years or the foster/adoptive care/permanency guardianship applicants have been providing foster or adoptive care in another state and completed that state’s pre-service training.  The decision on an Exception Request will be made by the Foster Care Licensing/Adoption Supervisor.  Districts shall provide training on the child welfare system in Maine to those families who receive the pre-service training exception.

 

 

HOME STUDY

PURPOSE

1.Provide potential foster/adoptive/permanency guardianship families with assistance in clarifying their ideas and feelings about foster/adoptive care/permanency guardianship, the characteristics of children who would fit into their families, and what they would need in order to provide a successful placement experience for their foster/adoptive/relative/guardianship children.

 

 

 

4.Provide DHHS information to assist in making a fitting placement decision.

 

PROCESS

 

The Office of Child and Family Services is committed to applying the principles of the Child and Family Services Practice Model in the home study process. Among those principles which we incorporate into the home study process is a commitment to provide high quality, timely, efficient, and effective services. We focus on the strengths present within the family system of our applicant resource families. Communication with our applicant resource families is conducted with genuineness, empathy, respect, and with open communication about our purpose, concerns, decisions, and responsibility.

 

Guiding the home study process is our adaptation of John VanDenBerg’s Strengths, Needs, and Culture Discovery (SNCD) Interview. Permission has been granted by Mr. VanDenBerg for adaptation of his model interview for this specific purpose. Essential to this process is engagement of the family in the home study process.  We partner with the applicant family in determining how the home study process is carried out. We seek the family’s input in decisions regarding how discussions about the family’s strengths, needs, and family culture will be conducted.  We respect the family’s wishes regarding the choice to participate in either individual or joint family member interviews with the home study worker. We inform the family of the purpose of the information gathering for the home study content, which serves multiple purposes in ensuring safety of children placed in the home, as well as assisting with appropriately matching of children’s needs and interests with resource families capable of meeting those needs and interests.

 

The discussions with the family are an opportunity to learn about and understand the culture of the family. If the applicant family is familiar with its unique family history, it is very helpful to discuss the stories and traditions of their family which have been passed down from the past three generations. This process of learning about and understanding the culture of the family helps us to better plan appropriate matching of children who will feel safe, comfortable, and supported in this family.

 

Just as all families have unique characteristics, the home study content that is written about the family may have individualized information specific to the information shared by the family. The written home study content applies the information shared during the SNCD discussions to narrative format structured around a framework of universal areas of life called Life Domains.

Because we are allowing the family to share information in response to our open-ended questions related to the various Life Domains, we may in one home study have more or less information documented in certain Life Domain sections of the home study. This is acceptable, as the home study is both an event and a process.  As our relationship with the family develops over time, we will learn more about the family’s strengths, needs, and culture. The home study should be regarded as a process which will be continuously updated as new information is identified and as conditions change.  In our contacts with the family, as we identify added information about strengths, needs, and culture discovery, we can add the information to the narrative log in MACWIS.

 

The Home Study Draft is reviewed by the family, allowing the family the opportunity to provide additional information about areas of strength and to allow the family to check the home study content for accuracy. The home study is written in a succinct manner, using language that is straight-forward and non-judgmental.  The Conclusion section of the home study briefly summarizes the strengths of the family system, the challenges identified, as well as recommendations regarding licensing/approval and recommendations regarding placement of children.

 

See Appendix 4 for Resource Family Evaluation Report

See Appendix 5 for home study process.

See Appendix 6 for home study content.

See Appendix 7 for procedure for making and implementing the decision.

See Appendix 11 for Resource Family Disaster Plan and Emergency Supply Kit

 .

FOSTER HOME LICENSES    

 

There are two categories of foster home licenses:  Family Foster Homes for Children and Specialized Children’s Foster Homes.  To apply to become a specialized foster home, the primary caregiver shall have verifiable experience working with moderately to severely handicapped children.  Such experience shall be from one or both of the following:

 

 

 

Specialized licenses are only used for foster homes affiliated with a child placing agency that provides therapeutic foster care and for Maine Caring Families foster homes.

 

TYPES OF LICENSES  

There are three types of foster care licenses. They are as follows:

 

1.Full License    

DHHS shall issue a full license to an applicant/s who complies with all applicable laws and rules.  The terms of a full license shall be for two years.

 

2.Conditional License

A conditional license may be issued by DHHS when an individual fails to comply with applicable laws and rules and in the judgment of the Commissioner, the best interest of the public would be served by using a conditional license.  DHHS shall specify in writing when and what corrections must be made during the time of the conditional license.  Conditional licenses shall be issued for a specific period of time or for the remaining period of the full license, whichever the Department determines appropriate based on the laws and rules violated.

 

3.Temporary License

To allow the continuation of services to the children currently placed in the home, a temporary license may be issued when a foster family affiliated with a Child Placing Agency moves.  The temporary license shall be for a specific period of time not to exceed 120 days.

 

LICENSING/ADOPTION ACTIONS

 

ISSUING FOSTER HOME LICENSES AND ADOPTION APPROVALS

Foster home licenses and adoption approvals will be issued following the successful completion of the foster care licensing/adoption approval application process.  The applicants will have met the Eligibility Requirements and the Standards for Foster Care Licensing and Adoption Approval.  They will have submitted required documentation and completed pre-service training.

 

DENIAL OF INITIAL LICENSE/APPROVAL:

If during the process it becomes clear that the prospective foster, adoption or legal guardianship family does not meet the Licensing Rules for foster care applicants or the Standards for Foster Care Licensing and Adoption Approval for adoptive care and permanency guardianship applicants a denial may be issued.  The denial will be in writing.  For foster care applicants, the licensing worker will review with the family their appeal rights and procedures as described in the Licensing Rules. The family may request an administrative hearing in accordance with the Maine Administrative Procedure Act, Title 5 Chapter 375.  For adoptive care applicants, the adoption caseworker will review with the family their appeal rights and procedures as described in the Child and Family Services Policy Manual, Section XV, Subsection B, Policy Pertaining to Hearings Regarding Child Welfare Services.  Procedures for Administrative Hearings shall be followed.

 

Documentation must state the specific reasons for denial, which must be related to the Licensing Rules for foster care licensing applicants and the Standards for Foster Care Licensing and Adoption Approval for adoptive care and permanency guardianship applicants including:

 

2.        A description of how each rule/standard is not met.

 

RENEWAL

Foster home licensing and adoption renewals will be completed every two years. Included in the updated study will be a review of the Standards for Foster Care Licensing and Adoption Approval and the Licensing Rules focusing on life experiences and family relationships, support system, and experiences with fostering or adopting. Included in this report is Caseworkers’ evaluations of the family, updated medical statements, CPS, BMV, SBI clearances, income verification (such as pay stubs), verification of driver license, motor vehicle registration and  inspection,  review of Family Disaster Plan and Emergency Supply Kit, and training hours verifications will be obtained.

During the renewal home visit, licensing workers will assist families in reviewing the Resource Family Evaluation Report. Included in this evaluation is the resource parent(s)’ signed statement of agreement not to use corporal or other demeaning forms of discipline.  Also included in the evaluation report is the resource parent(s)’ signed statement of awareness and compliance with use of appropriate vehicle passenger restraint systems for children. The Resource Family Evaluation Report will be maintained in the licensing or adoption file.

 

See Appendix 8 for Procedure for Foster Home License and Adoption Approval Renewal

See Appendix 9 for Renewal Request or Name Change, Change of Address, Household Composition Notification

See Appendix 10 for Renewal Home Study Content

See Appendix 11 for Resource Family Disaster Plan and Emergency Supply Kit, which is to be completed at time of application, and is to be reviewed at time of renewal.

 

REISSUING FOSTER HOME LICENSES AND ADOPTION APPROVALS

1.Foster home licenses and adoption approvals are granted for fostering/adopting specific numbers of children.  The recommendation to increase or decrease the number of children may be approved or denied by the licensing/adoption supervisor.  If approved, a new license/approval will be issued indicating the number of children permitted to be fostered/adopted.

 

2.For foster homes, a modified Foster Home License for the number of children will be issued and dated the same as the license currently in effect.  For adoptive homes, a letter indicating the change in number of children approved for adoption will be sent to the adoptive family.  

 

3.If a foster parents’ request to increase/decrease the number of children they are licensed to foster is denied on an active license issued by DHHS, foster parents must be offered the opportunity to submit in writing a request for an administrative hearing in accordance with the provisions of the Maine Administrative Procedure Act, Title 5, Chapter 375.   The foster parent’s request for an administrative hearing must be made within ten days after receipt of the decision.  

 

4.If the adoptive parents’ request to increase/decrease the number of children they are approved to adopt is denied the adoptive parent must be offered the opportunity to submit in writing a request for a local level hearing in accordance with Child and Family Services Policy Section XV.B.  The adoptive parents’ request for a hearing must be received by the Department within 30 days of the family’s receipt of the agency’s decision.

 

CANCELLATIONS:   LICENSING SPECIFIC    

A license is in effect for the address on the license.  When a family moves to another address and intends to continue providing care to foster children, a new application must be submitted. The existing license will become void 30 days after the move, unless the Department licensing staff completes an evaluation of the new foster home to ensure compliance with licensing rules.

 

If a family is operating under a general foster home license and wishes to provide therapeutic foster care, they must apply for a Specialized Children’s Foster Home license. When the family is granted a Specialized license, DHHS will cancel their general foster home license.

 

 

RELINQUISHMENT OF LICENSES: LICENSING SPECIFIC  

When a licensee indicates a willingness to relinquish their license the Foster Home Licensing Worker shall:

 

1.Request that the licensee return the original license certificate in effect.

2.Upon receipt of the certificate, the Foster Home Licensing Worker will confirm in writing to the licensee the legal consequences should they continue to operate a children’s foster home without a license.  

3.If the license certificate has been lost, DHHS staff will request the licensee put their intent to return their license in writing or DHHS staff will provide a statement to that effect for the licensee to sign.  

 

WORKING AGREEMENTS:

Working agreements can be created through a team approach (foster/adoptive family, Child Placing Agency, DHHS and other interested parties) for the purpose of establishing a mutual agreement regarding challenges the family is encountering in complying with licensing rules or the Standards for Foster Care Licensing and Adoption Approval.  Working agreements can encompass several solutions such as training, supervision and more support services.  Working agreements are time and outcome specific with the possibility of negative licensing/approval action occurring for noncompliance.

 

NEGATIVE LICENSING ACTIONS:  LICENSING SPECIFIC

When a Licensed foster home is out of compliance with a licensing standard, all recommended Licensing decisions to take or not take a Licensing action must have approval of the Child Welfare  Division Director or designee.  All draft letters regarding notification of Licensing findings and dispositions must be forwarded to the Children’s Services and Licensing Program Specialist.  In the case of a recommended Licensing decision subsequent to IAU substantiations, there must be a teleconference or meeting involving the Licensing Supervisor, Children’s Services and Licensing program Specialist, and IAU Supervisor.  If consensus is not reached on the course of action to be taken, the issue will be forwarded to the Child Welfare Division Director or Designee for a final decision.

 

CONDITIONAL LICENSE/CONDITIONAL APPROVAL  

Describe the recommended condition/s to be applied to the license/approval and the date by which each condition must be met.  The condition is intended to provide the applicant with an opportunity to come into compliance and must be related to the nature of the violation and rule/standard violated.  The course of action detailed above in “Negative Licensing Action” must be followed for licensed foster parents.

 

REVOCATIONS:  LICENSING

The law provides that a license may be revoked at any time that the licensee fails to comply with the law or the rules and regulations.  The steps outlined under “Negative Licensing Actions” are to be followed.  Documentation must state the specific reasons for revocation and include:

 

1.The law or rules that are not met.

2.A description of how each law or rule is not met.

3.The date or approximate date of the violation/s, if action is related to an incident.

4.The location of the incident, if it was other than in the foster home.

5.Name of the individual/s in violation and their relationship to the licensee.

6.D.O.B. and address of the perpetrator/s.

7.Name and age of the victim/s and the relationship to the family or applicant/s and perpetrator/s.

8.Admissions to the violation/s made by the perpetrator/s and the name and title of the person/s to whom the admission was made.

 

If the licensee requests a hearing, the complaint is prepared by the Attorney General’s Office and filed with the Administrative Court pursuant to Title 22 MRSA Section 7802(3) D and Title 5 MRSA Chapter 375. Further procedure required by this statute is followed, including notification of the decision to the parties involved.  

 

REVOCATIONS:  ADOPTION

Adoption approvals may be revoked at any time that the approved adoptive parent fails to comply with the Eligibility Standards.  Adoption approvals may also be revoked when the adoptive parent fails to comply with the Standards for Foster Care Licensing and Adoption Approval.

 

Documentation must state the specific reasons for revocation and include:

 

1.The Standards that have been violated.

2.A description of how each Standard was violated.

3.The date or approximate date of the violation/s if the action is related to an incident.

4.The location of the incident if it was other than in the adoptive home.

5.Name of the individual/s in violation and their relationship to the approved parent/s.

 

If the adoptive parent requests a hearing, procedures described in Child and Family Services Policy Manual, Section XV, Subsection B, Policy Pertaining to Hearings Regarding Child Welfare Services will be followed.

 

APPEALS:  LICENSING SPECIFIC    

1.At the time the applicant/s or licensee is notified of a negative licensing action or denial of a license, they will be notified of their right to request an administrative hearing.  The letter will be mailed to the applicant/s by certified mail, return receipt requested.

 

2.Upon receipt of a written request from the applicant/s or licensee for an administrative hearing, OCFS staff will initiate a request to the Director, Administrative Hearings Unit, on a form provided by that unit with a copy to the District Office supervisor.  

 

3.A copy of the request for an administrative hearing, with a copy of the licensing record and District Office documentation will be sent the AAG when circumstances indicate this is necessary.

 

4.The Administrative Hearings Unit notifies the appellant and the Licensing Supervisor of the time and place set for the administrative hearing.

 

5.The District Office and the AAG, if necessary, will coordinate for the witnesses and documentation to be presented at the fair hearing.

 

6.Applicant/s or licensee may withdraw their request for an administrative hearing prior to the hearing date.

 

APPEALS:  ADOPTION SPECIFIC

At the time the applicants for adoption approval has been notified of the denial of their application or a negative adoption approval action, they will be informed of their right to request a local level hearing.  The procedures in the Child and Family Services Policy Manual, Section XV, Subsection B., Policy Pertaining to hearings Regarding Child Welfare Services will be followed.

 

RECORDS

 

RECORD KEEPING

A record, which may include MACWIS and hard copy information, is prepared for the foster/adoptive home applicant/s and should contain the information outlined in Appendix 5 7 “Procedure for Making and Implementing The Decision” as well as:

1.Family Foster Home Licensing Home Study, Adoption Home Study, Legal Guardianship Home Study

2.Copy of Waiver of Request and Decision

3.Copy of Exception Request and Decision

4.Documentation to support the issuance of a conditional license/approval or license/approval modifications.

5.Reports of Complaint Investigations

6.OOH Reports

7.Resource Family Disaster Plan        

8.Checklist, with sign-off by licensing supervisor, noting presence of all documents required for 1VE Eligibility Determination.

 

RECORD RETENTION:  LICENSING SPECIFIC

All closed licensing records shall be retained in district offices for ten years and then destroyed unless they were closed for the following reasons:

 

1.Denial

2.Revocation

3.Voluntary return of the license

4.Due to a serious substantiated abuse referral.

 

If the record was closed for the first three reasons, the record shall be kept in the district office for ten years and then forwarded to archives for storage for ten more years.

 

RECORD DISCLOSURE:  LICENSING SPECIFIC

General licensing information that is available to the public is restricted to:  whether the home is licensed, name and address of the licensee, number of children the home is licensed for, expiration date of the license, and the type of license including any condition placed on the license.  The law governing Records, Disclosure (22 MRSA, Section 7703) must be applied to all other requests for information.  

 

RELEASE OF INFORMATION  

1.A release is required from the applicant/s for information to be obtained from any other Office within DHHS or from other state Departments.

 

2.If it is necessary in a foster care licensing or adoption/legal guardianship approval process to request additional information from DHHS or other agency’s records, authorization must be given by the applicant/s.  That authorization must include the following information:

 

 Type of application

 Name of individual/s providing the release

 Name of Department or agency being authorized to release information

 Name of Department and program to receive the information

 Specific nature of the information to be released

 Applicant/s signature and date of authorization.

 

RECORD DISCLOSURE: ADOPTION SPECIFIC

Notwithstanding any other provision of law, all Probate Court records relating to any adoption decreed on or after August 8, 1953 are confidential as specified in Title 18-A Article IX Adoption Part 3 Adoption Procedures section 9-310.  

 

Refer to Policy Section VIII sub-section D and 22 MRSA Section 4008 for the specifics that govern confidentiality and optional disclosure.

 

INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN/ STUDIES

DHHS will provide foster/adoptive care studies and supervision services to families who wish to provide foster/adoptive care for a child who is in the custody of another state.  Placements of children must be done in compliance with the Interstate Compact for the Placement of Children.  To enhance the Department's ability to provide timely and quality services to children and families, the option exists to refer these cases to a private, licensed, nonprofit foster care/adoption agency in Maine. The sending state will retain financial responsibility to fund the purchase of service from the private, licensed agency contracted to deliver service.

 

 

APPENDIX 1

 

INQUIRY PROCEDURE

DHHS Staff responsible for inquiries shall proceed in the following manner:

 

 

2.A standard packet of information shall be provided to all prospective foster/adoptive parents to assist them in making an informed choice regarding their potential to provide foster/adoptive care.  The standard packet of information includes:

➢Welcome letter

➢AFFME packet

➢Schedule for Informational Meetings

➢Practice Model

➢AFFME Checklist

➢A Guide to Adoption Services in Maine (brochure)

➢Adoptive and Foster Families of Maine brochure

➢Eligibility Requirements

 

3.        Informational Meeting          

Group or individual Informational Meetings presented by licensing and adoption and other casework staff are to be held on a regular basis to inform prospective kinship/foster/adoptive/legal guardianship parents about the foster care licensing and adoption approval process, provide an overview of working with the Office of Child and Family Services, and to help prospective resource parent/s become familiar with the benefits and challenges of parenting children with special needs.All prospective foster/adoptive parents will participate in an individual or group Informational Meeting.  Contents of the Informational Meeting will include:

➢Eligibility Requirements

➢Information about and assistance with meeting requirements for fingerprint-based background checks

➢Summary of Standards for Foster Care Licensing and Adoption Approval

➢Foster care licensing/adoption approval process

➢Characteristics of and caring for children with special needs

➢Ages and characteristics of children where the need is greatest

➢Reunification and the foster parents’ role

➢Adoption Assistance

➢Levels and types of care

➢Statistics

➢Information about the Department’s protocol in the event of a natural or man-made disaster and about responsibilities of resource families in responding to a natural or man-made disaster.

 

Each district will develop a schedule of Informational Meetings to provide for timely responses to their community and recruitment needs. Attendees are welcome to attend informational meetings, regardless of their district of residence.

 

APPENDIX 2

 

APPLICATION PROCEDURE

1.Prospective foster and adoptive parents are given an application, letter describing the home study, Medical Statement form, and Family Health History form. At the time of initial application, prospective foster and adoptive parents and other adults in the household ,will pay the required fee for fingerprinting and will agree to the Department’s access of the results of their fingerprint-based checks of national crime information databases.

 

2.Districts will designate a contact person for each applicant when the application is received or earlier in the potential applicants’ process. Resource staff will contact families who have not returned their application within two weeks of receiving it, to offer assistance with the packet and to answer any questions the prospective applicants may have.

 

3.Child Protective Services, State Bureau of Identification, and Bureau of Motor Vehicle, and fingerprint-based criminal background check clearances are reviewed and results are placed in the applicant’s record.  

 

4.Fire Inspection

DHHS will submit a request for a Fire and Safety Code inspection to the State Fire Marshal’s Office, Department of Public Safety.

 

a.The State Fire Marshal’s Office notifies DHHS Staff of inspection results.

b.Notification of deficiencies, if any deficiencies are found, is sent directly to the applicant/s by the State Fire Marshal’s Office and the applicant/s is requested to submit a plan of correction within 10 days.

 

5.        Water Analysis

 

a.        DHHS staff will submit a request to the Public Health Lab for a water test kit to be sent to the applicant/s if drinking and cooking water is not obtained from a municipal supply or supply approved by DHHS, Division of Health Engineering.

 

b.The applicants will send their water sample to the Division of Health Engineering for testing. The test results are sent directly to the applicant/s and OCFS. If the results are unsatisfactory the applicant/s must sign a water agreement form with DHHS to treat the water to make it satisfactory or obtain water from another approved source.  The water test may occur during either the application or home study process.

 

.The training and home study process begins for applicants who have returned their completed application.

 

.Applicants who have been involved with another child placing agency will sign a release authorizing DHHS to contact and obtain written studies and other pertinent information from the other child- placing agency

 

.Withdrawals

The family may withdraw their applications for foster care, adoption and permanency guardianship before a license/approval is issued.  A statement indicating the reason for withdrawal will be entered in the Narrative in MACWIS.  

 

 

 

APPENDIX 3

 

RESOURCE FAMILY APPLICATION

 

MAINE DEPARTMENT OF HEALTH & HUMAN SERVICES

Please fill in and return to:

Department of Health & Human Services

 

RESOURCE FAMILY APPLICATION        Please check all boxes which may apply:

 

Family Foster Home        Kinship/Relative        Specialized Children’s Home

Adoptive home                Permanency guardianship      

 

 

LIST ADDITIONAL PERSONS RESIDING IN YOU HOME

INCLUDING FOSTER CHILDREN:

                 

 

ADULT AND MINOR CHILDREN WHO DO NOT LIVE WITH YOU:

 

 

PARENTS OF APPLICANT 1

 

SIBLINGS OF APPICANT 1

 

PARENTS OF APPLICANT 2

 

SIBLINGS OF APPLICANT 2

 

 

 

Applicant 1                                

Names, addresses, and phone numbers of former spouses:

 

 

Applicant 2

Names, addresses, and phone numbers of former spouses:

 

 

EMPLOYMENT AND FINANCES

Applicant 1

 

Applicant 2

Applicant 1

 

OTHER INCOME:_____________________________________________

 

REFERENCES

 

Please give as references the names and complete mailing addresses of three persons who know you both and know your family but who are not related to you.

 

PERSONAL HISTORY:

Have you or any person residing in your                        NO                   YES

household or employed in you household ever:                                (Specify which individual by name)

 

 

Been licensed, certified, approved, or registered to

provide services to children or adults?                        

 

Worked in a job where you were responsible                

for someone’s care (adult or child)?                                        

 

If yes, were you ever investigated or disciplined

for improper care of someone for whom you

were responsible?                                                        

 

Been arrested, indicted or convicted of any crime?                

 

Been arrested, indicted, or convicted of sexual

or other crimes involving adults or children?                                

 

Been investigated by law enforcement for

sexual or other crimes or activities involving

adults or children which could have resulted

in convictions for such crimes if prosecuted?                

 

Been fined or convicted for operating under the

influence (O.U.I)?                                                

 

Been charged with any crime for which there was

no conviction?                                                        

 

Had a child removed from your care or custody by

court order?                                                        

 

Received services from adult or child protective

services in Maine or elsewhere as the result of a

complaint regarding you or a family member

involving abuse or neglect?                                        

 

Been involved in mental health counseling?                        

 

Been involved in marriage counseling?                        

 

Been involved in substance abuse counseling?                

 

Been admitted to a mental health facility?                        

 

Been admitted to a substance abuse treatment

facility?                                                        

 

If currently or previously licensed to provide

child/adult care were you ever investigated?                        

 

Have/had any current or prior conditional licenses,

license suspensions, license denials, fines or

revocations regarding child or adult care licenses?                

 

 

 

THE CHILD

 

Age and sex of child desired:                        Are you interested in siblings?

If so, ages and sex:

 

Have you ever had a child placed with you by this agency or any other agency?

If so from whom and name of child:

 

Have you applied to any other agency for a child?

If so, name and address of agency and date applied:

 

 

I/We understand that the signing of this application effectively serves as a release of information and gives permission to the Department to obtain and criminal history, Child Protective Services information and Bureau of Motor Vehicle record which may be on file in any local, county, or state office.

 

I/We have received and read the RULES PROVIDING FOR THE LICENSING OF FAMILY FOSTER HOMES FOR CHILDREN/LICENSING OF SPECIALIZED CHILDREN’S HOMES. I/We understand that this application authorizes representatives of the Department and the State Fire Marshal’s Office to make such visits and inspections as may be necessary to ascertain that the facility is in compliance with the Law Rules pertaining to the operation of such facilities.

 

In making application, I/we agree to cooperate in the in home study process. I/we also agree that statements on this form and other information will be correct to the best of my/our ability and any misrepresentation or false statements may be basis for denial.

 

I/We agree to refrain from use of corporal or other forms of demeaning punishment in fulfilling my/our role(s) as caregiver(s) for children placed by the Department of Health and Human Services in my home.

 

*I/We understand that being licensed for foster care and/or approved for adoption does not guarantee the placement of a child.

 

SIGNATURE:                

Applicant 1                        DATE

                 

 

 

 

APPENDIX 4

 

STATE OF MAINE

DEPARTMENT OF HEALTH & HUMAN SERVICES

 

 

RESOURCE FAMILY EVALUATION REPORT

 

NAME OF RESOURCE FAMILY:  ________________________________________________

ADDRESS: ___________________________________________________________________________

DATE FORM COMPLETED: ___________________________

EVALUATED BY:  ___________________________________, Licensing Worker

                                                                                         

NUMBER OF CHILDREN TO LICENSE FOR_____________              RECOMMENDATION:  _________

                                  Temporary                Conditional

                                                                                   Full                              Deny

 

Licensing Requirements for Family Foster Homes for Children.      Effective:  December 3, 2007.

 

 

OTHER COMMENTS:  

 

Compliance with State of Maine Laws Governing Motor Vehicle Operation and Compliance with Emergency Disaster Planning

 

I/ We understand that it is expected that before transporting any child/ren in my vehicles that we will have current driver’s licenses, motor vehicle registration, inspection and insurance.

I/We understand that I/we must use age appropriate passenger safety restraint system for all children that I/we transport in my/our vehicle.

 

I/We understand that we must have an emergency disaster plan filed with the Department prior to being approved as a DHHS resource family. I/We understand that an emergency kit should be prepared for use in case of an emergency.

 

 

 

Resource Family Caregiver                                                                           DATE

 

 

__________________________ � � � � � � � � � � � � � � � � � � �_

Resource Family Caregiver

 

 

THIS SECTION OUTLINES THE ADDITIONAL REQUIREMENTS AND DIFFERENCES

NECESSARY TO BE ISSUED A LICENSE FOR A

 

SPECIALIZED CHILDREN'S FOSTER HOME.

 

 

 

 

APPENDIX 5

 

HOME STUDY PROCESS

The home study process will minimally include:

 

 

 

3.  Interviews with all household members to determine the impact of foster care/adoption/guardianship on the entire family system.

 

 

 

 

 

 

APPENDIX 6

 

HOME STUDY CONTENT

The Foster/Adoption Family Home Study will succinctly reflect the family through the use of the following information:

 

1.Foster/Adoptive Home

Date of application, dates of visits to the home/interviews, persons interviewed, emergency contact.

 

Name of training, dates attended.

 

c.        Motivation

Motivation for foster/adoptive/legal guardianship care, applicant/s feelings, ideas and expectations about foster care and/or adoption or legal guardianship.

 

d.Directions to the Home

Route numbers, road names and local landmarks

 

 

e.        Clearances and Inspections

CPS, SBI, FBI fingerprint-based criminal background checks of national databases for all adults in the home, BMV checks for all licensed drivers in the home, APS checks when necessary and results of Fire and Safety Code inspection and water test, and approval by the licensing worker of the Resource Family Disaster Plan.

 

Resource parents who transport children in their own vehicles will show evidence of current driver license, motor vehicle registration, inspection, insurance, and proper use of age-appropriate passenger safety restraint systems.

 

1.Foster /Adoptive/Permanency Guardianship Home Family Information

 

 

LIFE DOMAINS

 

The questions listed within each life domains section are SAMPLE questions. Please feel free to use the questions as tools in starting conversations with families. However, not every question needs to be asked of each applicant family. The family, as a partner in the discussion, will contribute information about each of the life domain areas, and the content provided by one family may differ from the content provided by another applicant family. The intent of the questions is to gather information about the strengths, needs, and unique cultural features of the family. It is important to convey to the family that their uniqueness is valued, and the family members’ answers to the Life Domain questions are not being judged, but are instead valuable information used to describe the family’s strengths, needs, and culture.  

 

For each of the Life Domains, you may want to consider asking these three questions, framed in the context of the specific Life Domain:

 

1. What do you feel good about….?

 

2. What do you worry about…?

 

3. What would help relieve your worries about….?

 

 

Residence:

 

Would you please describe your neighborhood? Do neighbors get together for family activities or are people in your neighborhood more private?

 

Do you live in a neighborhood in which families help each other out with projects, transportation, childcare, or is your neighborhood one in which families don’t rely upon each other for this type of assistance?

 

What changes, if any, would you need to make to your residence or property before you provide care to children? How would you accomplish these changes?

 

Family:

 

What can you tell me about the best quality which you can bring to the role of parenting?

 

How would you describe your parenting style?

 

How will you support development of the child’s strengths? What types of support have been helpful to you in developing your unique talents and strengths? How can you provide a child in your care with some of those same supports to build upon the child’s interests?

 

Please tell me about how you were raised. Can you give an example of something you learned from your parents (or grandparents)? Are you similar or different in some ways from your parents? In what ways are you similar or different?

 

What can you share with me about your relationship with your parents, siblings, and with others whom you consider as family?

 

What can you share about your life experiences? What can you share about periods in your life when you dealt with hardship or challenges; what strengths or supports helped you cope with those challenges?

 

Do you have any traditions that your family carries on which were part of your ethnic or family culture?

 

How will you support a child staying connected to his or her family culture or ethnic heritage?

 

How will support a child staying connected to his or her family and to other important people in the child’s life?

 

How will you help the child’s family stay connected to the child’s daily home, school, and community activities?

 

How will a child of a different race, culture, or sexual orientation be accepted in your family, neighborhood, and community?

 

How will your extended family support your role as resource parent?

 

 

Social:

 

What types of activities does your family enjoy? How do you relax? Do your friends and family visit at your home?

 

When do you have the most enjoyable times with your family?

 

How will you support a child’s interests, developing friendships, and participation in school and community activities?

 

Does your family celebrate any holidays? Which ones? What are your special family traditions or customs during the holidays?

 

What does mealtime look like in your house on a week night? What does meal time look like in your house on the week-end?

 

What is a typical Saturday morning like at your home? Are children rushing out of the house to get to activities, or are they relaxing in PJs watching cartoons on TV?

 

Behavioral /Emotional:

 

Are there any unresolved issues in the family which make it difficult for family members to have normal interactions within the family or community?

 

You may have a child placed in your home who has been physically abused (sexually abused, neglected). Would caring for a child with this history present any concerns for you?

 

Are there any problem areas which make it difficult for one of your family members to enjoy life?

 

Are there supports available to the family member to address these needs?

 

Educational/ Vocational:

 

(Addressed to child in family): What do you enjoy most about school? Who is your favorite teacher? Why?

 

Who do you sit with at lunchtime at school?

 

What do you do during recess at school? Who do you spend time with at recess?

 

Do you have any heroes?  Why are they your heroes?

 

Do you have any ideas yet about what you may like to do when you are older?

 

(Addressed to the parent in the family): How will you support a child’s dreams for the future?

 

Are there choices about education and jobs which you would make differently if you could go back in time?

 

What was the best job you ever had? What did you like about it? What is the best thing about your current job? Who are you closest to at your current job?

 

Are there people whom you admire? What characteristics make them admirable?

 

Safety:

 

Is your neighborhood safe?

 

What does safety look like for your family?

 

Do you know if children in your school district feel safe (free from harassment at school or while walking to school or riding the school bus)?

 

How will you help a child placed in your family feel safe?

 

Can you tell me how your family pets will react to children’s presence in the home?

 

Legal:

 

Does anyone in your family have past or current arrest or conviction history?

 

Is anyone in your family involved in any civil or criminal legal proceedings?

 

How have you resolved past issues which resulted in arrests or convictions?

 

Health:

 

How are health care needs of family members being met? Are there any mental health or physical health conditions (for yourself or other family member) which impact your ability to care for a child?

 

If health concerns exist for yourself or for other family members, how are they being effectively addressed in a manner which allows you to meet the needs of children placed in the home?

 

Spiritual:

 

Are you or other family members part of a faith community?

 

Are there special days during the week or times during the year in which your family may participate in faith community services?

 

Are there members of your faith community who mean a great deal to you and your family? How do you and these people support one another?

 

Financial:

 

Can you please discuss your financial priorities?

 

Can you describe your strengths in managing money?

 

 

Child care:

 

If you require childcare, how will your childcare needs be met?

 

Can you please share your contingency plan if there were a family emergency while a child was placed in your care?

 

Needs:

 

What concerns do you have about a child being placed in your home?

 

Is there information or assistance you need from the Department before a child is placed in your home?

 

Is there any special assistance you would like to receive from the Department to assist your family in becoming licensed or approved as a resource family?

 

 

3. Other Interviews:

 

Separate interviews may be conducted with children in the home, with adult children, and with others as necessary and as discussed with the applicants.

 

4. References

 

Three personal references including names, dates, and type of contact. Referent's assessment of the applicant’s ability to meet the needs of children.

 

5.Compliance with State of Maine Laws Governing Motor Vehicle Operation.

 

Resource parents who transport children in their own vehicles will show evidence of current driver license, motor vehicle registration, inspection, insurance, and proper use of age-appropriate passenger safety restraint systems.

 

6. Resource family has completed a written Resource Family Disaster Plan and has prepared an emergency supply kit for use in natural or man-made disasters.

 

 

7.Conclusion/Analysis

a.Assessment of compliance with the Licensing Rules for foster care applicants and applicants for both adoption and licensing programs. Assessment of compliance with the Standards for Foster Care Licensing and Adoption Approval for adoption and permanency guardianship applicants.  Assessment of compliance includes compliance with the Fire and Life Safety Code and water analysis standards for all applicants. (Results of assessment documented in Resource Family Evaluation Report.)

b.Description of any exceptions, waivers or plans of correction needed.  

c.Strengths of applicants

d.Challenges of applicants

e.Resource Recommendations

▪Approval

▪Denial

i.Age range of child/ren

ii.Female, male or either

iii.Special needs appropriate for the family

iv.Number of children to be licensed or approved for

v.Basis for recommendations

 

8. Decision

▪Approval __________

▪Denial  ____________

▪Withdrawal ________

 

 

 

APPENDIX 7

 

MAKING AND IMPLEMENTING THE DECISION      

. Application to Foster/Adopt a Child

b.  Birth and marriage certificates

c.  Divorce/custody decrees

d.  Completed Medical Statement form

e.  Completed Family Health History form

f.  CPS, SBI, BMV, FBI fingerprint-based criminal background checks of national databases for both foster and adoptive applicants.

g.  Results of fire inspection and water test

h.  Verification of income (pay stub or other documentation)

i.  Three references (letters/comments)

j.  Verification of current driver license, vehicle registration, vehicle inspection and insurance.

k.  Resource Family Disaster Plan (Appendix 8)

l.  Completed Resource Family Evaluation Report including signed statement agreeing not to use corporal or other degrading punishment and signed statement of compliance with appropriate use of passenger safety restraint systems.

m.  The home study (including updates of study or reviews if indicated)

n.  Correspondence including:  letters to applicant/s confirming the decision to license/approve, deny, acknowledgment of withdrawals or cancellations of the foster home license.

o.  Documentation of facts to support a denial, revocation, or   suspension or condition

p.  Copy of foster care license with Commissioner’s signature.

q.  Checklist, with signature of Licensing Supervisor, verifying presence of documentation required for 1V E eligibility determination.

 

 

i.When the decision is made to license/approve the applicant/s, the worker shall notify the applicant/s in writing within two business days.  The notification will include the specific recommendations of the child/ren appropriate for placement consideration.

 

ii.When the decision is to deny the foster care/adoption/permanency guardianship resource, the worker shall inform the applicant/s in writing and in a personal interview, if requested by the applicant/s.  The worker shall then send the applicant/s a letter confirming the agency’s decision.  The initial letter shall have been reviewed and approved by the supervisor and the PA (and the AAG’s office if indicated).  It shall specify the standards that were not met and the reason for denial and inform them of their right to appeal the decision through the Department’s Administrative Hearing procedure.  

 

 

 

 

 

APPENDIX 8

 

PROCEDURE FOR FOSTER HOME LICENSING AND ADOPTION RENEWAL

 

1.   District Offices will receive MACWIS-generated renewal notices of licensed/approved providers whose foster care licenses and adoption approvals are due to expire within 120 days.

 

2.   The District Office will send a renewal request form at least 120 days before the expiration date of the license/approval.  Foster care licensing renewal applicants will provide Licensing with a current Medical Statement, income verification, divorce decree if applicable and proof of training hours.  Adoption renewal applicants will provide a current medical statement, income verification, and divorce decree if applicable.

3.   Fire Inspection

DHHS will submit a request for a Fire and Safety Code inspection to the State Fire Marshal’s Office, Department of Public Safety.

 

4.   Water Analysis

DHHS staff will submit a request to the Public Health Lab for a water test kit to be sent to the applicant/s if drinking and cooking water is not obtained from a municipal supply or supply approved by DHHS, Division of Health Engineering.

 

The applicants will send their water sample to the Division of Health Engineering for testing. The test results are sent directly to the applicant/s and OCFS. If the results are unsatisfactory, the applicant/s must sign a water agreement form with DHHS to treat the water to make it satisfactory or obtain water from another approved source.  The water test may occur during the application or home study process but must be completed before the new license/approval can be issued.

 

5.  The District office will request an updated BMV check, criminal history records from the Department of Public Safety, State Police, Bureau of Identification and a CPS clearance.

 

6.  A site visit must be made for each renewal The Foster Home Licensing Worker/Adoption Caseworker must determine physical changes in the home and changes in family composition and be supplied with an assessment made by the caseworker, child placing agency, or child’s parent/s or legal guardian in cases of private placements.

 

7.  A renewal home study will be completed to assess for compliance with the Family Standards for Foster and Adoptive Care and with licensing rules. In addition to the renewal home study narrative, the Resource Family Evaluation Report will be reviewed and updated

 

8.   If DHHS knows that an application for renewal of licensure/approval will not be made, the District Office will close the provider’s file upon expiration of the license/approval.

 

 

 

APPENDIX

 

MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Please fill in and return to:

Department of Health and Human Services

______________________________________

 

 

 

RENEWAL REQUEST

Or

Name Change, Change of Address, Household Composition Notification

 

Renewal for Licensure/Adoption Approval (Please check all that apply):

 

   Family Foster Care Home                   Adoption Resource

   Specialized Foster Home                   Permanency Guardianship

   Kinship Care

 

Give full names of each primary household member, including maiden name if applicable

 

                           First                    Middle                 (Maiden Name)               Last

 

 Hispanic Origin:  Yes         No                 Do not wish to provide information

 Race:_________________________

 

                           First                    Middle                  (Maiden Name)               Last

 

 

Hispanic Origin:  Yes         No                 Do not wish to provide information

Race:_________________________

PHONE:____________________                        CELL PHONE: ____________________________

E-mail Address:________________________________________________________

MAILING ADDRESS:        

                 

                                         ZIP CODE

RESIDENCE ADDRESS:(if different from mailing address):

                   

                   

                                         COUNTY

 

DIRECTIONS TO THE HOME: If this is notice of an address change.

(Please be as specific as possible, Start from a known point, such as post office, intersection of numbered route, or other easy-to-locate reference point.)

 

 

SOURCE OF DRINKING AND COOKING WATER Municipal  Well  Other

 

 

If you are filling this out due to address change, name change and/or household member change please check the appropriate box/s

 

     Check here if your residence address is changing              

Date moving/moved:

 

New Address:

 

Phone

 
     Check here for Name Change             New Name      

Reason for Name Change

 

Household Composition Change (please check reason why)                                                                                        

   Household member no longer living there

  Name of household member  

 

   New household member

 

Name of new household member  

(When a new household member moves into your home, your licensing worker will contact you in order to conduct background checks (including fingerprints), training issues and other documentation that may be required depending on the relationship of the new household member).

 

 

LIST ALL ADDITIONAL PERSONS RESIDING IN YOUR HOME  INCLUDING FOSTER CHILDREN

 

          Name                                Birth Date                        Relationship

 

SOURCE OF INCOME, if changed. (Do not include foster care board rate as income)

                                                                                                            Monthly

  Applicant Name           Employer                         Employer                  Gross Income                                                                                      

 

Other Income:

 

 

PERSONAL HISTORY:

Have you or any person residing in your                    

household or employed in you household

ever:                                                                  NO        YES (Specify which individual by name)

Been licensed, certified, approved, or registered to

provide services to children or adults?                        

 

Worked in a job where you were responsible                

for someone’s care (adult or child)?                                

 

If yes, were you ever investigated or disciplined

for improper care of someone for whom you

were responsible?                                                        

 

Been arrested, indicted or convicted of any crime?                

 

Been arrested, indicted, or convicted of sexual

or other crimes involving adults or children?                                

 

Been investigated by law enforcement for

sexual or other crimes or activities involving

adults or children which could have resulted

in convictions for such crimes if prosecuted?                        

 

Been fined or convicted for operating under the

influence (O.U.I)?                                        

 

Been charged with any crime for which there was

no conviction?                                                

 

Had a child removed from your care or custody by

court order?                                                

 

Received services from adult or child protective

services in Maine or elsewhere as the result of a

complaint regarding you or a family member

involving abuse or neglect?                                

 

Been involved in mental health counseling?                        

 

Been involved in marriage counseling?                        

 

Been involved in substance abuse counseling?                

 

Been admitted to a mental health facility?                        

 

Been admitted to a substance abuse treatment

facility?                                                        

 

If currently or previously licensed to provide

child/adult care were you ever investigated?                        

 

Have/had any current or prior conditional licenses,

license suspensions, license denials, fines or

revocations regarding child or adult care licenses?                

 

 

I/We have received and read the Revised 2007 RULES PROVIDING FOR THE LICENSING OF FAMILY FOSTER HOMES FOR CHILDREN’S HOMES/LICENSING OF FAMILY FOSTER HOMES PROVIDING ONLY RESPITE CARE. I/We understand that this request authorizes representatives of the Department and the State Fire Marshal’s Office to make such visits and inspections as may be necessary to ascertain that the facility continues in compliance with the Law and Rules pertaining to the operation of such facilities.

 

I/We also understand that the signing of this request effectively serves as a release of information and gives permission to the Department to obtain any criminal history information and child protective services information which may be on file in any county or state office.

 

I/We agree to refrain from use of corporal or other forms of demeaning punishment in fulfilling my/our role(s) as caregiver(s) for children placed by the Department of Health and Human Services in my home.

 

In making this request, I/We assert the statements on this form and other information is correct to the best of my/our ability and that any misrepresentation or false statements may be a basis for denial.

 

SIGNATURE:

 

 

Name                                                    Date

 

 

Name                                                    Date

 

 

 

 

 

APPENDIX 10

 

RENEWAL HOME STUDY CONTENT

 

The renewal home study will succinctly reflect the family through engagement of the family in a discussion about their strengths, needs, and culture for the purpose of gathering through the use of the following information:

 

 

RENEWAL  ASSESSMENT

 

Resource Family:                                DOB:

                                                                     DOB:

 

Others in the Home (include DOB):

 

Mailing Address:

 

Residence Address:

 

Telephone:

 

Contact Person in Emergency:

 

Telephone:

 

Person Conducting the Home study:

 

Dates of Interviews:

 

I. Resource Home

 

a)Summary of the Inquiry

 

 

b)Training

 

 

c)Motivation

 

 

d)Directions to the Home

 

 

e)Clearances and Inspections

 

 

II. Resource Home Family Information:

 

a)Residence:

 

 

b)Family:

 

 

c)Social:

 

 

d)Behavioral /Emotional:

 

 

e)Educational/ Vocational:

 

 

f)Safety:

 

 

g)Legal:

 

 

h)Health:

 

 

i)Spiritual:

 

 

j)Financial:

 

 

k)Child care:

 

 

l)Needs:

 

 

III. Other Interviews:

 

 

 

IV. References

 

 

V. Compliance with State of Maine Laws Governing Motor Vehicle Operation.

 

Resource parents who transport children in their own vehicles will show evidence of current driver license, motor vehicle registration, inspection, insurance, and proper use of age-appropriate passenger safety restraint systems.

Resource family has completed a written Resource Family Disaster Plan and has prepared an emergency supply kit for use in natural or man-made disasters.

 

 

VI. Conclusion/Analysis:

 

Assessment of compliance with the Licensing Rules for foster care applicants and applicants for both adoption and licensing programs. Assessment of compliance with the Standards for Foster Care Licensing and Adoption Approval for adoption and permanency guardianship applicants.  Assessment of compliance includes compliance with the Fire and Life Safety Code and water analysis standards for all applicants.  Description of any exceptions, waivers or plans of correction needed.

 

a)Strengths:

 

 

b)Challenges:

 

 

VII. Decision:

 

•Approval:

•Denial:

•Withdrawn (reason for this):

 

 

Resource Recommendations:

•Age range of child/ren:

•Female, male or either:

•Special needs appropriate for the family:

•Number of children to be licensed or approved for:

 

Basis for recommendations:

 

 

 

                 

Signature of person conducting renewal assessment                Date

 

 

                 

Signature of Supervisor                                                Date

 

 

 

 

 

Appendix 11

 

Resource Family Disaster Plan

11/19/07

 

Resource Family Name  

Resource Family Address

 

This document contains my plans if I am required to leave my home address due to a natural disaster or catastrophic event.

 

If I need to evacuate my home, I would relocate to:

 

First choice: (If relocating to a residence; name of friend or family, address, phone number, alternate phone number, other contact information – email, other)

 

Second choice if I am not able to go to first choice: (name, address, phone number, alternate phone number, other contact information – email, other)

 

Other means of contacting me:

Cell phone number                         Emailaddress                                        

 

Out of area contact: (contact information for person living outside the area with whom I would be in touch in case of an emergency and who the agency could contact if necessary.

 

 

 

I understand that there are critical items I am urged to take with me when we evacuate.  These include:

➢DHHS Child Welfare Services contact information

➢My children’s medical information (prescriptions, recent medical reports, physician’s name and contact information, immunization history)

➢School contact information

➢Photo of child

➢Identifying information for the child

➢Birth parent contact information

➢Placement Book.  

 

I understand that I am required to check in with DHHS Child Welfare Services within 24hrs. or as soon as possible by calling 1-800-452-1999 or by other means identified by DHHS-CWS.  I am required to follow local evacuation orders.

 

If a child with special medical needs is placed with me, I must inform first responders upon placement.

 

I understand that if any of the information included in this plan changes, I am to update the form within 14 days of the change and provide DHHS-CWS licensing, adoption or kinship care worker with the update.

 

Caregivers Signatures:

 

 

Name                                           Date                      Name                                 Date              

 

 

 

Resource Family Emergency Supply Kit

11/19/07

 

➢Water, one gallon per person per day for at least 3 days, for drinking and sanitation

➢Food at least a 3 day supply of non-perishable food

➢Battery-powered or hand crank radio and a NOAA Weather Radio with tone alert and extra batteries

➢Flashlight and extra batteries

➢First aid kit

➢Whistle to signal for help

➢Moist towelettes, garbage bags and plastic ties for personal sanitation

➢Wrench or pliers to turn off utilities

➢Can opener for food

➢Medications

➢Medical equipment

➢Wired Phone (not cordless) in the home

➢Resource Family Disaster Plan

 

Also consider

➢Dust mask, to help filter contaminated air

➢Local maps

➢Important family documents

➢Cash or travelers checks

➢Cell phone, phone card

➢Sleeping bag or warm blanket for each person

➢Complete change of clothes

➢A plan for your pets including food, water, shelter, vaccination records.  Most shelters will not take pets

 

Consider unique family needs and prepare accordingly

 

 

 

APPENDIX 12

 

INTERDISTRICT TRANSFER  

When a foster/adoptive family relocates and wishes to provide foster/adoptive care, no matter what the stage of application or licensing/approval process, the following steps shall be followed:

 

1.  As soon as the sending District Office learns that a family will be relocating, it shall notify the receiving District Office to tell them in which stage of the licensing, adoption, or legal guardianship process the family is in.

 

2. Within 2 days of when the family actually moves, the sending District Office shall forward all information they have obtained to the receiving District Office.

 

3. When the sending District Office learns a family is relocating it will immediately provide the applicant/s with a contact name, the address, and phone number of the receiving District Office.

 

4.The receiving District Office shall contact the foster/adoptive family within three days of receiving the foster/adoptive file from the sending District Office to continue with the licensing/approval process.

 

5.When a child placing agency requests a copy of a foster/adoption study record, it will only be forwarded with the written consent of the applicant/s.

 

 

 

APPENDIX 13

 

COMPLAINTS & REPORTS OF SUSPECTED CHILD ABUSE/NEGLECT:  Licensing Specific

Instances of suspected child abuse and neglect in a licensed foster home will be referred to Intake or a report will be made in MACWIS by the OCFS caseworker or licensing worker and sent to Intake.   The Intake supervisor will determine whether the report is of possible allegations of abuse/neglect or of licensing violations.   If it is an allegation of abuse/neglect, it will be forwarded to the Out of Home Abuse and Neglect Investigations (OOH) Supervisor. If it is a licensing violation it will be forwarded to the District Foster Care Licensing Supervisor. If OOH investigates, it will be consistent with Suspected Institutional Child Abuse/Neglect Child Protective Policy, Child and Family Services Manual, Section IV, Subsection I and the Protocol for Handling Allegations of Abuse or Neglect in Family Foster Homes.  Instances of suspected child abuse and neglect in an approved adoptive home will be investigated by the child’s caseworker.

 

DHHS is responsible for the administration of the Licensing Rules.

 

1.  The initial report of suspected abuse/neglect will be referred to OOH and allegations of licensing violations will be referred to the District Foster Home Licensing Supervisor.

 

2.  If the decision is made that the allegation is not abuse and/or neglect and that an  OOH investigation study will not be done, Licensing will take the following action:

 

a.Place the home “under investigation” in the MACWIS resource module and ensure that no placements or respite placements occur while the home is under investigation.  If the home is affiliated with a Child Placing Agency (CPA) or Maine Caring Families, the designated agency contact person will be notified to ensure that no placements are made.

b.Send the foster family a letter within three business days informing them that their home is under investigation.

c.Coordinate with the child’s caseworker and collaborate on the investigation.

a.If a rule violation is suspected, will discuss the suspected violation with the foster parent/s and consider possible solutions

b.Complete the investigation within 30 days

 

3.  If a decision is made by the OOH Supervisor to conduct an OOH investigation, the licensing worker will:

 

 

b.Send the foster family a letter within three business days informing them that their home is under investigation.

 

c.Leave the license in effect unless or until:

 

▪The license expires and an application for renewal has not been filed prior to the expiration of the license.

▪The license is returned voluntarily by the parent/s.

▪The license is suspended by the court.

▪The license has been revoked by the court.

▪An application for renewal has been denied.

▪Conditions have been placed on the license.

 

4.  The Foster Home Licensing Staff will:

 

 

5.  Upon request, the Foster Home Licensing Worker will provide the foster parents a copy of the record, excluding:

 

▪Identity of reporters of abuse/neglect.

 

▪Clients of the facility/home including foster/adopted children, their birth/legal parents or custodian.

 

▪Copies of psychological and psychiatric reports.

 

▪Copies of OOH reports.  The foster parent must make a request for a copy of the OOH report to the OOH unit.    

 

6.  The following is public information:

d.Expiration date.

e.Statement indicating whether a report of abuse or neglect has been received.

f.Statement on the nature of the alleged abuse or neglect.

g.Conclusion reached by DHHS, if any.

h.Current status of the license.