VIII. A. Family Standards Foster and Adoptive Care

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 ( O CFS) 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.

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

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.

1. Title 22 MRSA Section 8102

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

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 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.

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.

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

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.

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

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

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 3 rd 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.

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.

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

See Appendix 3 for Resource Family Application

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.

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.

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:

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.

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 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.

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.

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.

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

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:

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.

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:

➢ Schedule for Informational Meetings

➢ A Guide to Adoption Services in Maine (brochure)

➢ Adoptive and Foster Families of Maine brochure

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:

➢ 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

➢ Levels and types of care

➢ 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.

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

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.

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

RESIDENCE ADDRESS: (if different from mailing address):

SOURCE OF DRINKING AND COOKING WATER Municipal Well Other

DIRECTIONS TO THE HOME: (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.)

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