May 1, 2002

CHILD PLACING AGENCY LETTER #2002-02

TO:                 Child Placing Agencies and Juvenile Courts Which Certify Foster Homes for Licensure

SUBJECT:  

·        Recommended Actions by Child Placing Agencies

·        Use of Child Protective Services Information in Reports

·        Signatures on Reports

·        Closure of Licenses

·        Renewal of Licenses

EFFECTIVE DATE:            Upon receipt

Recommended Actions by Child Placing Agencies

MCL 722.113 (4) states, in part, “Inspection reports completed by state agencies, local authorities, and child placing agencies, shall be furnished to the department and shall become a part of its evaluation for licensing of organizations covered by this act.  After careful consideration of the reports and consultation where necessary, the department shall assume responsibility for the final determination of the issuance, denial, revocation, or provisional nature of licenses issued to nongovernmental organizations…”

MCL 722.115 (3) states, in part, “The department may authorize a licensed child placing agency or an approved governmental unit to investigate a foster family home or a foster family group home pursuant to subsection (1) and to certify that the foster family home or foster family home meets the licensing requirements prescribed by this act…”

Child placing agencies and approved governmental units (agencies) do not license foster family homes or foster family group homes.  The CPA or AGU certifies foster homes for licensure.  All foster home licenses are issued by the Department of Consumer and Industry Services based on the reports and documents submitted by the agency.  The Department may choose to support or not support the recommendation of the agency.  This is true for all actions, including withdrawal of application, denial of issuance, recommended issuance, renewal, modify to provisional, renew to provisional, voluntary closure, refusal to renew, and revocation. 

In a recent administrative hearing, certifying agency staff testified that the agency had closed the foster home license based on the request of the licensee.  The Administrative Law Judge ruled that the Department could not take disciplinary licensing action, as the agency had advised the family that their license was closed, despite the agency not having the legal authority to make the final decision.

The agency certification worker and supervisor are to make it clear to applicants and licensees, in written correspondence, that the Department must support any recommended licensing actions before the action takes place.

Use of Child Protective Services Information in Reports

Frequently a child placing agency will have information about investigations and findings of Children’s Protective Services (CPS).  Reports on foster homes completed by certification staff, including initial home studies, renewal home studies, interim home studies, and special evaluation reports, are public information.  Information regarding CPS investigations and findings is confidential and should not be referenced in certification reports.  When there is a need to refer to the CPS worker, the report is to indicate that the individual is an FIA services worker.  The role of certification staff is to determine compliance with foster family home licensing rules, not to determine if abuse or neglect occurred.  When there is a need to indicate what CPS determined during an investigation,

the report is to indicate that the FIA services worker either agreed or disagreed with the findings of the agency. 

Remember, a separate investigation and report must be completed when there is any allegation that there may be a violation of a foster home licensing rule.  A CPS report may not be substituted for a report based on the investigation of compliance with rules completed for certification purposes.

Signatures on Reports

All reports completed by the certifying agency are to be signed and dated by the person completing the report and the supervisor.  Indicating the name of the individual completing the report at the beginning or in some other place does not take the place of a signature at the end of the report. 

Closure of Licenses

A recent review of the Bureau Information Tracking System (BITS) revealed a large number of foster home licenses that had expired with no action recommended by the certifying agency.  BITS does not automatically close any active license at expiration or at any set point in time after expiration.  A specific closing action must be entered into BITS for the license to be closed.  

Recently, a letter was sent to the certifying agency on each home where the license had expired, advising the agency that some specific action had to be recommended on the license.  This included the fact that the license might need to be renewed, if that was appropriate.  Child Placing Agency Letter 2001-08 advised all agencies that license renewal dates will not be backdated more than 30 days prior to the date the information is received by the Bureau.  This policy has not changed.  License renewals will not be backdated because the agency did not realize the paperwork was never submitted to the Bureau.

A recommendation to close a foster home license is to be submitted with appropriate supporting documentation.  Routine recommendations for closing are to be submitted to the consultant assigned to the agency.  Recommendations for disciplinary licensing actions, i.e. denial of issuance, revocation, and refusal to renew, are to be sent to BRS, Child Welfare Licensing, in Lansing.

Renewal of Licenses

Child Placing Agency Letter 2002-01 advised agencies that renewal applications are to be sent to licensees at least 30 days prior to expiration, as required by Child Placing Agency Rule 400.12306(3).  The application is to be sent regardless of the agency’s recommendation on the status of the license.  If there is pending disciplinary action on the license, the renewal application is to be sent and a copy of the cover letter to the licensee forwarded to BRS, Child Welfare Licensing in Lansing.  The cover letter is to contain a date for the return of the application.  The agency is to forward the application,

or a letter indicating that the signed application was not returned to BRS, Child Welfare Licensing in Lansing.

If you have any questions about Child Placing Agency Letter #2002-02, please call your Child Welfare Licensing Consultant or the Child Foster Home Licensing Unit at (517) 373-8383.

Sincerely,

Carole Hakala Engle, Director
Bureau of Regulatory Services