October 4, 2002
TO: Child
Placing Agencies and Juvenile Courts Which Certify Foster Homes for Licensure
SUBJECT:
Foster Home Licenses for Individuals on the Central Registry for Children’s
Protective Services
EFFECTIVE DATE:
Upon receipt
|
R 400.12306
|
Application
request.
|
| |
(1)
An agency shall document that both of the following conditions are met
before providing a person with an application:
(b)
The person has received required orientation.
|
|
R 400.9203
|
Orientation.
|
| |
Before completing
and submitting an application for an original license, each applicant
for a foster home license shall attend orientation pursuant to R 400.12307.
|
|
R 400.9201
|
Foster home applicant qualifications.
|
| |
A
foster home applicant shall meet all of the following qualifications:
(i)
Demonstrate suitable habits, temperament, and reputation to assure
the proper care and safety of children.
|
|
R 400.9202
|
Member of household qualifications.
|
| |
To assure
the safety and welfare of a foster child, a member of the household shall
meet all of the following qualifications:
(b)
Have a temperament, habits, and reputation that will not impair the care
of a foster child.
|
Effective
immediately, the Bureau will not consider an individual for an original foster
home license if the person, or an adult member of their household, is listed
on the Children’s Protective Services Central Registry as a perpetrator of child
abuse or neglect. No administrative review will be conducted to determine the
suitability of individuals listed on the Central Registry.
Both the Child
Placing Agency Rules and the Foster Family Home Rules require orientation prior
to the agency providing a person with an application. It is critical for those
individuals conducting orientation to make it clear that the agency will complete
a check of the Central Registry for each adult member of the household and that
a LICENSE WILL NOT BE ISSUED when any applicant or adult member
of the household is identified as a perpetrator of child abuse or neglect.
Providing this information during orientation, and prior to giving an application,
allows an individual on the Central Registry to choose to not apply for a license.
The
BRS 1326, the Licensing Record Clearance Request, will be completed in the same
manner it has been completed in the past. When the BRS 1326 is returned to
the agency, if the Central Registry section indicates that there is a record
for the person, the agency is to evaluate the information on the printout that
is attached.
When
the birth date of a perpetrator is not known, Children’s Protective Services
enters a birth date of “01/01/2001” on the Central Registry. When there is
a name match for an applicant/licensee and a birth date of “01/01/2001”, the
BRS 1326 will be checked “yes” in response to the question in Section III, “Is
Protective Services information on file?”. If the printout indicates a name
with a birth date of “01/01/2001”, the agency is to make a determination if
that is the same person as the applicant/member of the household identified
on the BRS 1326. If a determination is made that the person listed on the printout
is a different person, an explanation of how that determination was made is
to be written on the printout and attached to the BRS 1326 and sent with the
BRS 3706, Licensing Transaction Record, to recommend the issuance of an original
license. “Birth date does not match” is not a sufficient explanation.
The Children’s
Protective Services’ decision to place a licensee on Central Registry is based
on a determination that there is a preponderance of evidence that either child
abuse or neglect occurred and there is a high probability that the abuse or
neglect will reoccur. The Bureau of Family Services will not second-guess that
determination.
If the
applicant/member of the household disputes the findings of Children’s Protective
Services, the person whose name is on Central Registry may request to have their
name expunged from the Central Registry. A written request should be sent to
the Children’s Protective Services Supervisor in the county FIA office. The
supervisor will make a determination of whether the name will be expunged or
not. If the supervisor does not expunge the name from Central Registry, the
situation will go to an administrative hearing through FIA. If the name is
expunged, the applicant/licensee should provide written documentation that the
name has been expunged.
When the
BRS 1326 is received at the agency indicating that an applicant/licensee is
listed on Central Registry, the agency is to proceed with the recommendation
of disciplinary action, denial of issuance.
When
Children’s Protective Services completes an investigation on a licensee/member
of the household in a home that is currently licensed and places the individual
on Central Registry, the certifying agency is to complete a special evaluation.
The individual has the option, as noted above, to request expungement from the
Central Registry. If the local office FIA supervisor does not grant the expungement,
the agency is to proceed with a recommendation of disciplinary licensing action,
either revocation or refusal to renew (if there is a pending renewal application).
There will be no administrative review process available to determine suitability
of the person.
If
the local FIA supervisor denies the request for expungement from an applicant/licensee/member
of the household, the agency is to proceed with the appropriate recommendation
for disciplinary licensing action in a timely manner. The agency is not to
hold the recommendation pending an administrative hearing on expungement and
subsequent decision by the administrative law judge.
If you have any
questions about Child Placing Agency Letter #2002-03, please call your Central
Office at (517) 373-8383.
Sincerely,
Carole Hakala Engle,
Director
Bureau of Family
Services
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