Ch. 15: Rules Providing for the Licensing of Specialized Children's Foster Homes, including Ch. 16 Rules for the Licensing of Family Foster Homes for Children

SUMMARY: These rules describe the procedures and standards for licensing of Specialized Homes for Children under 18 years of age. These rules are designed to protect the health, safety, well being and development of moderately to severely handicapped children having mental, physical and emotional problems to the extent that the child needs specialized care, supervision, training and/or therapy. This section outlines the additional requirements and differences necessary to be issued a license for a Specialized Children’s Foster Home. 1. Definitions As used in these rules, the following definitions shall apply: A. “Specialized children’s foster home” shall mean a children’s licensed home that is a private dwelling where substitute parental care is provided within a family on a regular, 24 hour a day residential basis to children under 18 years of age. “Specialized care” is provided to no more than 2 moderately to severely handicapped children by a caretaker who is specifically educated and trained to provide for the particular needs of each child placed. The total number of children in a specialized children’s home may not exceed 4, including the caretaker’s legal children under 16 years of age, with no more than 2 children under the age of 2. In order to keep siblings together, this definition shall not prohibit the placement of more than the allowed number. This placement of a sibling group which would exceed four children permitted by law, is applicable when either a sibling is already placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home. Indian tribes have the authority to license or approve Indian foster families located on the reservation according to their own rules and regulations. “Foster parent” shall mean a person maintaining a specialized children’s foster home for moderately to severely handicapped children

eady placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home. Indian tribes have the authority to license or approve Indian foster families located on the reservation according to their own rules and regulations. “Foster parent” shall mean a person maintaining a specialized children’s foster home for moderately to severely handicapped children. “Moderately to Severely Handicapped Child” shall mean a child with a physical, emotional, mental or behavioral condition that requires: diagnosis of the foster child by a qualified professional as having a physical, emotional, mental or behavioral condition which is moderately or severely different from the norms for his or her age group and developmental stage; participation by the foster parents in a treatment plan for the child; significantly more monitoring or supervision of the foster child than would be required for a child at his or her age group and normal level of development; that the child be given assistance in self care and behavioral management needs which would normally be met by the foster child at his or her age group and normal level of development; that the foster parents have specialized knowledge and training; and involvement by a physician, mental health professional or in a special education program. “Paid Staff” shall mean any person other than the foster parent(s) who has responsibility for the care of the foster child(ren) for twenty-four hours or more who is an employee of the child placing agency having responsibility for the foster child(ren) in the foster home. “Respite Personnel” shall mean any person other than the foster parent who has responsibility for the care of the foster child(ren) for twenty-four hours or more. 2

than the foster parent(s) who has responsibility for the care of the foster child(ren) for twenty-four hours or more who is an employee of the child placing agency having responsibility for the foster child(ren) in the foster home. “Respite Personnel” shall mean any person other than the foster parent who has responsibility for the care of the foster child(ren) for twenty-four hours or more. 2. LICENSING PROCEDURES Any person who makes application for a license to operate a specialized home for children under l8 years of age, including family foster care for Indian children, and who has been determined to be in compliance with applicable licensing requirements may receive a license from the Department. There is no charge for this license. B. The maximum number of children to be placed in a specialized children’s home shall be stated on the license. The license may be reissued for a larger or smaller number of children. In determining the maximum number, the Department shall consider such factors as: living space, safety issues, health, status and age of the children and the ability of the foster parents to adequately care for and supervise children in the household. Foster parents shall not exceed the number of children for whom they are licensed with the following exception: in order to keep siblings together the foster parents may receive written approval from the Foster Care Licensing Worker or Foster Care Licensing Supervisor. In order to receive this exception there must be either a sibling already placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home. 3. LICENSING REQUIREMENTS FOR SPECIALIZED CHILDREN’S FOSTER HOMES A. QUALIFICATIONS OF THE FOSTER PARENTS AND RESPITE PERSONNEL The foster family shall have an ongoing, predictable income to assure that the home is maintained in conformity with the requirements of these regulations

dy placed in the home or at least one licensed slot is vacant and adequate space is available in the foster home. 3. LICENSING REQUIREMENTS FOR SPECIALIZED CHILDREN’S FOSTER HOMES A. QUALIFICATIONS OF THE FOSTER PARENTS AND RESPITE PERSONNEL The foster family shall have an ongoing, predictable income to assure that the home is maintained in conformity with the requirements of these regulations. The Department will consider licensure without requiring any other outside source of income in limited circumstances. Foster families who provide foster care through licensed child care placing agencies will needed to furnish the Department with a statement of predictable income from that agency to assure that the household is maintained in compliance with predictable income. The income statement will indicate the actual income received from the placing agency. The foster family will also submit a statement describing how the family would remain financially stable during times when the child placements in the home are less than full capacity. The primary caregiver shall have had verifiable experience working with moderately to severely handicapped children. Such experience shall be from one or both of the following: One year of experience as a licensed family foster home parent. Six months work experience with moderately to severely handicapped children. (3) Foster parents shall participate in ongoing training of at least 36 hours for the licensee(s)’ combined hours of training, with a minimum of at least 12 of those hours completed by the secondary foster parent, if applicable, within the two-year licensing period. The training must be related to the special needs of moderately to severely handicapped children. At the time of initial and renewal licensure, the Foster Care Licensing Worker will provide the licensee(s) with a list of required training and of approved training options. Documentation of required training must be provided to the Foster Care Licensing Worker at the time of license renewal

period. The training must be related to the special needs of moderately to severely handicapped children. At the time of initial and renewal licensure, the Foster Care Licensing Worker will provide the licensee(s) with a list of required training and of approved training options. Documentation of required training must be provided to the Foster Care Licensing Worker at the time of license renewal. (4) The foster family shall not care for adult boarders or roomers or operate under any other license to provide child care. The only allowable exception to this rule would be to allow the foster family’s former foster child to continue residing in the home as an adult or to allow the former foster child to return at a later date to live in the home. Exception to this rule must receive prior approval from the Foster Care Licensing Supervisor. B. NUMBER AND AGES OF CHILDREN IN CARE The total number of children in a Specialized Children’s Foster Home may not exceed 4, including the family’s legal children under 16 years of age, with no more than 2 children under the age of 2. The maximum number of licensed slots cannot exceed 3. Two of those licensed slots may be used for children who require therapeutic level care. The third licensed slot is intended for a child who is placed for respite care or for a child, who at time of placement needed therapeutic level care and has made improvement and no longer requires therapeutic level care. The only exception to the two therapeutic placement limit is if this child exhibits a significant change in behavior and it is determined that therapeutic level care is indicated or if a sibling placed requires therapeutic care. Exception to this rule must receive prior approval from the Program Administrator. (2) The only exception, which may be made to the number and ages of children, is to allow siblings to be placed together. The exception is applicable only when adequate space is available in the foster home

d it is determined that therapeutic level care is indicated or if a sibling placed requires therapeutic care. Exception to this rule must receive prior approval from the Program Administrator. (2) The only exception, which may be made to the number and ages of children, is to allow siblings to be placed together. The exception is applicable only when adequate space is available in the foster home. In order for an exception to apply there must either be a sibling already placed in the home or one vacant licensed slot. The Foster Care Licensing Supervisor must approve requests for exception to the limit. 4. REPEAL OF PREVIOUS RULES A. These rules governing the licensing of Specialized Children’s Homes supersede all previous rules regarding Specialized Children’s and become effective July 12, 2010. B. These rules shall apply to all applications received after the effective date. C. The license for any family foster home for children issued prior to the effective date of these rules shall remain in effect until the expiration date of that license. Compliance with these rules shall be required at the time of renewal of these licenses unless otherwise specified in these rules. 5. REVIEW OF THESE RULES These rules governing the licensing of Specialized Children’s Homes shall be reviewed periodically as required by 42 U.S.C. Section 671(a)(11). STATUTORY AUTHORITY: 22 M.R.S.A. §8102. EFFECTIVE DATE: December 3, 2007 – filing 2007-503 AMENDED: Effective Date: July 12, 2010 – filing 2010-188 NONDISCRIMINATION NOTICE The Department of Health and Human Services (DHHS) does not discriminate on the basis of disability, race, color, creed, gender, age, or national origin, in admission to, access to or operations of its programs, services, or activities or its hiring or employment practices

007 – filing 2007-503 AMENDED: Effective Date: July 12, 2010 – filing 2010-188 NONDISCRIMINATION NOTICE The Department of Health and Human Services (DHHS) does not discriminate on the basis of disability, race, color, creed, gender, age, or national origin, in admission to, access to or operations of its programs, services, or activities or its hiring or employment practices. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and in accordance with the Civil Rights Acts of 1964 as amended, Section 504 of the Rehabilitation Act of 1973 as amended, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 and the Maine Human Rights Act. Questions, concerns, complaints, or requests for additional information regarding the ADA may be forwarded to the DHHS’ ADA Compliance/EEO Coordinator, State House Station #11, Augusta, Maine 04333, 207-287-4289 (V) or 207-287 3488 (V), TTY: 800-606-0215. Individuals who need auxiliary aids for effective communication in programs and services of DHHS are invited to make their needs and preferences known to the ADA Compliance/EEO Coordinator. This notice is available in alternate formats, upon request. Caring…Responsive…Well-Managed…We Are DHHS NUMPAGES 24 NUMPAGES 24 DATE \@ "M/d/yyyy" 1/31/2011 DATE \@ "M/d/yyyy" 1/31/2011 10-148 Chapter 16 page PAGE 17 10-148 Chapter 15 page PAGE 22 * : ; F G Ž ’ “ ž Ÿ è é ì î ü " êÖ®ÂÂŒÂ{jVÂAÂÂj®Âj® ) höB hÃ- 5 >* CJ OJ QJ \ ^J aJ & höB hLj 5 CJ OJ QJ \ ^J aJ hLj 5 CJ OJ QJ \ ^J aJ h;~i 5 CJ OJ QJ \ ^J aJ hÃ- 5 >* CJ OJ QJ ^J aJ höB h;~i CJ OJ QJ ^J aJ & höB hÃ- 5 CJ OJ QJ \ ^J aJ & höB h;~i 5 CJ OJ QJ \ ^J aJ & höB h;~i 5 CJ OJ QJ \ ^J aJ ) j höB hH @ CJ OJ QJ U ^J aJ : ; F