Home > Laws & Policies > Policy/Program Issuances > Information Memoranda > IM-01-05
ACF
Administration for Children and Families |
U.S. DEPARTMENT OF HEALTH AND HUMAN
SERVICES
Administration for Children, Youth and Families
|
1. Log No.: ACYF-CB-IM-01-05 |
2. Issuance Date: July 3, 2001 |
3. Originating Office: Children's
Bureau |
4. Key Words: Definition of Foster Family
Home; Licensing Principles |
INFORMATION MEMORANDUM
To: |
State Agencies, Tribes, Tribal
Organizations, and Territories Administering Titles IV-B and
IV-E |
Subject: |
Foster Family Home Licensing Principles for
Compliance with Titles IV-B and IV-E Requirements: Guidance for
States |
Legal and Related
References: |
Sections 471(a)(10) of the Social Security Act
(the Act); 45 CFR 1355.20; 45 CFR 1356.30 |
Background:
The Children's Bureau has received numerous questions regarding
the definition of a foster family home in 45 CFR 1355.20, which
requires that the State's foster care licensing standards be
applied to all foster family homes for which it claims Federal
financial participation. The requirement applies to each foster
family home, regardless of whether it is a relative home or whether
the State "licenses" or "approves" the home. Failure of the State
to comply with this requirement will be considered a State plan
compliance issue.
Rather than address each State's differences in licensing and
approval standards and the manner in which the standards are
applied, we have listed below the general principles that will
serve as guidance to the States and aid us in our decision-making
about a State's compliance.
Guidance:
- Per Federal law, States have the responsibility for
establishing their own foster family home licensing or approval
standards, so we have not defined the standards. Federal statute
requires, however, that the following must be included in the
State's licensing or approval standards: admission standards,
safety, sanitation, and protection of civil rights (section
471(a)(10) of the Act). We encourage States to develop and
implement licensing standards that address other areas, as
well.
- In addition to the areas noted above, States that do not opt
out are required to conduct criminal record checks for any
prospective foster or adoptive parent before the prospective parent
may be finally approved for placement of a child on whose behalf
foster care maintenance payments or adoption assistance payments
are to be made under title IV-E (section 471(a)(20) of the Act and
45 CFR 1356.30). States that do opt out of the criminal records
check requirement must document in the licensing file that safety
considerations with respect to the foster or adoptive parent have
been met.
- States may define their licensing standards as they see fit.
From our discussions with State staff, we understand that there are
two common ways to define licensing standards: Some States choose a
detailed procedural approach, for example, requiring that foster
parents have a medical examination that attests to their health and
capacity for foster parenting. Other States choose to define
standards more broadly as the result of certain procedures,
for example, requiring that foster parents be determined in
sufficiently good health to care for children placed in their
home.
- If a State has a detailed procedural approach, a State may
limit the foster family home's ability to achieve the specific
standard. For example, a State may have a licensing standard that
requires that: hot water delivered to faucets in the home be
between 105 and 120 degrees Fahrenheit. If an inspector find
that the hot water temperature reaches a maximum temperature of 104
degrees, the foster family home would need to have the hot water
adjusted to fall within the specific temperature to meet the
standard.
- On the other hand, if a State has a broadly defined licensing
standard, it may allow different procedures for attaining the
standard. For example, a State may have a licensing standard that
requires that: drinking water in the foster home not present a
health hazard to the child. If an inspector finds a prospective
foster family home with tainted well water, because the standard is
result-oriented, the State could allow the foster family home to
meet the standard by treating the well water or by using bottled
water. The Federal requirement is satisfied so long as the State
applies to each foster family home the standard that it has
adopted.
- Another example of the difference in defining licensing
standards is evident in the area of required training. If a State
has the following licensing standard: prospective foster parents
must receive 50 hours of classroom training in subjects x, y and
z, there is little flexibility to develop a training curriculum
that is responsive to a particular foster parent's strengths and
weaknesses. Whereas a State's standard that: prospective foster
parents receive training that will adequately prepare them with
appropriate knowledge and skills to provide for the needs of the
children in their care, provides the State with more discretion
to tailor specific training curricula to the variety of foster
parent needs.
- Whether a State defines its standards in a detailed procedural
approach or in a broad, results-oriented approach, the State must
apply those standards equally to all foster family homes, unless a
waiver of a standard has been granted with respect to a particular
relative foster family home.
- A waiver of a standard may be made only on a case-by-case
basis, and applied only to non-safety standards in relative foster
family homes for specific children in care. This policy is
consistent with section 471(a)(19) of the Act, which requires
States to consider giving preference to relative caregivers,
provided that the relative caregiver meets all relevant State child
protection standards. States must determine which of the standards
are not safety-related.
- A State's use of different terminology (i.e., "licensing,"
"approval" or "certification") as applied to licensing relative or
non-relative foster family homes will not affect compliance as long
as the same standards are applied to all foster family homes.
- The licensing standards adopted by a State and used for all
foster family homes should be clearly identifiable in some written
format, such as State policy, regulation, statute, or licensing
standards manual.
Inquiries:
ACF Regional Offices
|
/ s
/
_________________________________
James A. Harrell
Acting Commissioner
Administration on Children, Youth and Families |