Chapter 02. Private Foster Care

Perform intake services;

Provide casework, group work, or community organization services;

Plan and coordinate the services and resources affecting children and their birth parents before, during, and after the time the child is in foster care; and

Conduct foster home studies.

“Foster care” means continuous 24-hour care and support services provided for a minor child by an individual or individuals certified by a licensed child placement agency as foster parents.

“Foster care” includes:

A local department holds commitment or guardianship; and

The court determined that, even though reasonable efforts were made to effect reunification, relative placement, or adoption, none of these options is possible for reasons such as:

An analysis of a tuberculosis test or x-ray, and

Testing for any other communicable disease; and

Sanitary space, table, and plumbing necessary to change diapers,

Competent instruction in the care and nurturing of her infant;

Limits on her social activities to assure that she is responsible for her infant;

Opportunity, encouragement, and structure for the completion of her education;

Encouragement to develop her capacity for and understanding of her independence;

Access to health care for herself;

Reasonable flexibility in providing alternate care for her infant;

Guidance in human sexuality; and

A bed in a room separate from where the infant sleeps, after the infant is 6 months old; and

Protection from physical harm;

Removal from emotional pain;

Access to health care;

Proper food and nutrition;

Physical warmth and nurture;

Protection from disease;

Physical comfort;

A proper sleeping environment in an appropriate crib;

An appropriate feeding schedule;

Regularly changed diapers in a sanitary environment; and

When the infant is 6 months old, a crib or appropriate bed in a room separate from where the mother sleeps.

20 hours of general training described in Regulation .12C of this chapter, and

An additional 4 hours of training addressing foster care services provided to a mother who is a foster child;

2 hours of training which deals specifically with mother-infant foster care, and

6 hours of training described in Regulation .12D of this chapter; and

Immediately by phone call; and

Within 48 hours by written report;

Death;

Injury;

Serious illness;

Incarceration; or

Suspected physical abuse, neglect, or mental injury;

Employment and child care arrangements;

Household composition;

Residence and telephone number;

Health status; and

Stressful conditions which may affect the child's placement;

A physician's report; and

The agency child placement worker's assessment; and

Helping the child visit with parents;

Maintaining respect towards the child's parents; and

Informing the child's parents about events and happenings in the child's daily life.

A local department, child welfare services;

The Department of Juvenile Services;

Maryland Department of Health, Office of Health Care Quality;

Department of Education, Interagency Rates;

Governor's Office on Children, Youth, and Families; or

The Administration;

An agency employee who works in child foster care or adoption service; or

A member of the agency's governing board;

Six children in care; or

Eight children when caring for a sibling group of foster children;

More than two infants; or

More than six children when:

The foster parent meets the requirements of this chapter and COMAR 07.04.01;

The foster parent has the physical strength and emotional stability to be responsible for:

The foster parent's day care of other children does not adversely affect the status or feeling of security of any foster child in the home; and

The foster parent does not provide treatment foster care services; or

Corporal punishment;

Deprivation of food, shelter, clothing, care, or emotional support;

Physical restraint;

Isolation; or

Demeaning verbal abuse.

Approval documenting a home fire inspection; or

Statement indicating that local policy does not allow fire inspections.

Individual towels, toothbrushes, and combs; and

Food for a nutritionally balanced diet.

Be maintained in a safe and sanitary condition; and

Comply with county or city zoning, building, and health codes or ordinances.

The pool area shall be completely enclosed by a fence:

When not in use, the pool shall be completely covered in a manner to prevent access by the child.

When not in use, retractable or removable ladders shall be locked or stored away from the pool.

The pool shall be 4 feet above ground at all points.

Doors and gates that access the pool shall have locks.

If a pool has a deck area with a door, the door shall be locked when the pool is not in use.

If the pool entrance has permanent steps, access to the steps shall be limited by a locked gate.

A pool may not have climbable objects on the exterior of the pool.

When not in use, hot tubs and spas shall have secured covers which prevent access to the tub or spa by children.

Follow all federal, State, and local laws pertaining to registration, permits, and maintenance of firearms;

Keep all firearms and ammunition maintained in the home in a locked room or container that is inaccessible to children;

Take all safety precautions to assure that firearms are not accidentally used to injure children in care; and

Assure that loaded firearms are not kept in the home unless required because a State, federal, or local law enforcement officer:

Licensed or registered,

Vaccinated, and

Leashed.

May be co-led by the agency child placement worker with other appropriate agency employees, and

Shall include all topics described in Regulation .12 of this chapter; and

Utilizes information in the application, training records, and interviews to assess the applicant's weaknesses and strengths, and

Makes a professional judgement regarding the applicant's ability to provide a safe, healthy, nurturing environment for a foster child.

Possibility of physical or sexual victimization by an older child; and

Responsibility of the foster parent for the safety of the child;

State and federal criminal background checks; and

Appropriate local department child abuse and neglect clearances;

May be a relative; and

When a child in the household attends a school, shall be a school administrator, counselor, or teacher employed by the school attended by the child;

One documented face-to-face interview; and

Telephone interviews with two references not interviewed face-to-face.

The first home visit shall include an inspection of the house and interviews with all members of the household; and

The second home visit may include only the applicant and shall result in an agreement between the agency and the applicant about:

Motivation to provide foster care or adopt;

Applicant's background, including:

Applicant's ability to cope with change and stress;

When applicable, impact of infertility;

Special interests and activities;

Impact of applicant's religion or life philosophy on the care of children;

Employment and financial circumstances;

Knowledge of and experience in parenting;

Attitudes toward children's discipline;

Attitudes toward foster care and adoption, including:

Home and community, including:

Safety of the home environment based on a written instrument developed by the agency.

Possible effect on the applicant's ability to execute the responsibilities of a foster parent; and

Applicant's ability to provide quality service to children in care;

Refuses to consent to the child protective service clearance and the criminal background check;

Has an indicated child abuse finding;

Has a conviction:

Refuses to consent to the Motor Vehicle Administration clearance;

A child abuse or neglect investigation that remains unresolved 120 days after the date on the signed application; or

Any pending criminal charge listed in §A(3)(c) of this regulation that remains unresolved 120 days after the date on the signed application;

May be corrected; or

Impacts on the applicant's ability to provide foster care;

For the foster parent:

For the agency:

Immediately notify:

Immediately notify the agency's chief administrator and the Administration of the suspected abuse or neglect; and

Arrange a staffing for the child with appropriate professionals to plan the child's continued protection and treatment.

Within 48 hours of notification, send a written incident report to the Administration documenting the suspected abuse or neglect; and

Within 72 hours of notification, decide whether to suspend or revoke the foster home certification.

Identification of the specific needs of the child which justify consideration of referral and placement of the child;

Parent's strengths and weaknesses;

Involvement of the child's parents and significant others in the child's current care;

Available resources, including the parent's financial ability to support the child in care;

Social and medical history of the child;

Child's legal status; and

Initial case plan.

The agency may not accept a child for service whose needs exceed the services provided by or available to the agency.

When the agency refuses acceptance of a child, it shall provide a written statement of the reasons for the refusal to the referral source or individual.

Before accepting a child for placement, the agency shall secure from the parents, legal custodian, or court, the written authority to:

Before accepting a child for placement, the agency shall document that the legal rights and obligations retained by the parents and those delegated to the agency were: :

If the child is in the custody of a local department or the Department of Juvenile Services, the agency may not accept the child for placement if the agency does not have on file the following documents for the child:

Plans to maintain child and parent contact, and

Payment of transportation costs;

Needed specialized services for the child,

The least restrictive setting closest to the child's parent Commensurate with the child's needs, and

Consideration of the parent's preference.

At least once every 3 months, schedule staffings with the child's worker and any other professionals who may impact on the foster child's care;

Every 6 months, provide the child's worker a written report which describes the child's progress toward achieving the case plan; and

Arrange a visit with the child for the local department or the Department of Juvenile Services worker:

Be willing to accept foster children on an emergency basis;

Be aware of the risks and problems of emergency foster care;

Provide foster care for a child at least until a permanent plan for the foster child's care is developed, within 30 days from the date of the emergency placement; and

Follow all requirements for foster parent certification contained in Regulations .04—.12 of this chapter.

Medical passport and medical history or other required medical documentation;

Educational history;

Psychosocial history;

Child's permanent plan; and

When appropriate, psychiatric evaluation.

Notice of the intended action;

A statement of the specific regulation or policy violated;

An opportunity for the foster parent to remedy the causes for the anticipated suspension; and

A statement describing the agency's grievance procedure;

If the agency finds evidence of the foster parent's gross incompetence, misconduct, child abuse, child neglect, or other conditions which pose an immediate threat to the children's health and safety or that of the general public, the agency shall remove the children from the care of the foster parent upon delivery of a written notice that the certification is revoked or suspended immediately.

The notice shall include:

Once the agency revokes on an emergency basis, the agency may not restore the foster parent's certification unless the agency determines that the causes for the revocation have been remedied.

On the 60th day of the suspension, deliver a notice to the foster parent which includes the information described in §E(1)(b) of this regulation; and

Within 30 days of the revocation date, remove the foster children from the foster parent's care.

Conduct an investigation to assess the foster parent's compliance with applicable regulations and policy;

Send a written report to the Administration and the chief administrator of the agency stating:

Inform the foster parent, in writing, of:

Annually; and

If the certified foster parent changes address, marital status, or household composition.

Determine if the foster parent wishes to continue as a certified foster parent; and

If indicated, reexamine all requirements for the foster parent.

Documents;

Reports;

Statistics;

Files;

Case records;

Financial records;

Memoranda;

Correspondence; and

Any other information which the Administration identifies.

Is enrolled in an appropriate school setting within 5 days of placement, and

Attends school regularly.

Progress in resolving problems which precipitated placement,

Parent and child relationship difficulties,

The child's adjustment to separation, and

Achievement of case plan goals.

Moved to another agency-certified foster home;

Reunified with the birth or adoptive family;

Moved to a foster parent not certified by the agency;

Moved to a residential child care program; or

Legally emancipated.

Unless emergency conditions exist, meet with the child and current foster parents at least 2 weeks before the termination;

Prepare the child emotionally for the termination;

Assure that the child's clothing and personal belongings are prepared for moving before termination;

Explain in person the reasons for the termination to the child and current foster parent;

Send a written explanation for the termination to the current foster parents at least 1 week before the termination; and

If the child is moving to a setting under another agency's authority, prepare the child's records for transfer.

Name;

Birth date;

Guardianship status;

Pertinent medical information;

Placement location; and

Parent's or legal custodian's name, address, and telephone number;

Names;

Birth dates; and

Living arrangements;

Financial responsibility;

Medical record at birth;

Developmental history;

Preplacement physical;

Medical recommendations;

Post-placement services; and

Medical passport or other medical documents;

Name;

Address;

Social Security number; and

If pregnant, expected due date;

Weight;

Height;

Coloring of eyes, hair, and skin;

Individual traits such as scars, moles, or disfigurements; and

Photographs;

Name of the foster parent;

Names and relationships of all members of the household;

Address; and

Telephone number;

The agency's regular monitoring;

The agency's annual recertification or denial of recertification;

Criminal background check, and child abuse and child support clearances;

Completed required training;

Fire and health inspections; and

Any other activity of the agency with the foster parent.

Preadoptive placement;

Treatment foster care placement; and

Regular foster care placement;

Reunified with parents;

Placed for adoption;

Placed with a different foster parent certified by the agency;

Placed with another child placement agency;

Emancipated; and

Placed in a residential child care program;

Suspended;

Revoked; or

Suspended and revoked.