(1)The state board shall promulgate rules that apply to foster care
generally, regardless of whether the foster care is provided by a foster care home
certified by a county department or by a child placement agency, and to kinship
care, including kinship foster care. The state board shall develop the rules in
consultation with the state department, county departments, child placement
agencies, and others with expertise in the development of rules regarding foster
care.
(2)At a minimum, the rules described in subsection (1) of this section must
include the following:
(a)Using the state department's automated database, the procedures for
notifying all county departments and child placement agencies that place children
in foster care and kinship foster care when the state depart
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(1) The state board shall promulgate rules that apply to foster care
generally, regardless of whether the foster care is provided by a foster care home
certified by a county department or by a child placement agency, and to kinship
care, including kinship foster care. The state board shall develop the rules in
consultation with the state department, county departments, child placement
agencies, and others with expertise in the development of rules regarding foster
care.
(2) At a minimum, the rules described in subsection (1) of this section must
include the following:
(a) Using the state department's automated database, the procedures for
notifying all county departments and child placement agencies that place children
in foster care and kinship foster care when the state department has identified a
confirmed report of child abuse or neglect, as defined in section 19-1-103, that
involves a foster care home or kinship foster care home, as well as the suspension
of any further placements in the foster care home or kinship foster care home until
the investigation is concluded;
(b) The immediate notification of a child's guardian ad litem or counsel for
youth upon the child's placement in a foster care home, and the provision of the
guardian ad litem's or counsel for youth's contact information to the foster parents;
(c) A requirement that all county departments and all child placement
agencies that place children in foster care conduct and document that all of the
background checks specified in section 26-6-910 (5) and (6) have been completed
for any person applying to provide foster care, any person employed by the
applicant to work in a foster care facility, and any adult resident of the foster care
home, prior to placing a child in foster care with that person;
(d) A list of actions a county department or child placement agency shall
take if a disqualifying factor is found during any of the background checks
specified in sections 26-6-910 (5) and (6) and 19-3-406 (6) and (7);
(e) A list of sanctions the state department may place upon a county
department or child placement agency if the required background checks for foster
care homes are not completed or documented, including fines or disciplinary
actions;
(f) Requirements that foster care homes must be recertified annually,
including rules setting forth the procedural requirements associated with
certification and recertification. The rules must include requirements that the
certifying entity shall perform an on-site visit to each foster care home applying for
certification or recertification and shall inspect the entire premises of the foster
care home, including sleeping areas, as well as other assessments of the foster
care home. Only one county department or child placement agency shall certify a
foster care home at any one time. The rules must also specify a time frame for
notification and the method for a child placement agency issuing or renewing a
certificate to operate a foster care home to notify the state department about any
certification.
(g) Rules that govern the health assessment of foster care parents by a
licensed health-care professional that require a written evaluation of the person's
physical and mental ability to care for foster children. If, in the opinion of the
licensed health-care professional or the assessment worker, an emotional or
psychological condition exists that would have a negative impact on the care of
foster children, the issuance of a certificate must be conditioned on the satisfactory
report of a licensed mental health practitioner.
(h) The communication requirements that must be followed between two
entities that license and certify the same facility as a foster care home and as a
family child care home as set forth in section 26-6-910 (4).
(3) The state department shall review the current address verification
practices and policies in other states for checking the prior addresses of persons
who apply to be foster care providers or kinship foster care providers and of adults
who reside in the foster care home or kinship foster care home. After conducting
the review, the state department shall recommend to the state board whether rules
and standards should be adopted for verification of addresses of these persons by
county departments and child placement agencies.