Mo. Code Regs. Ann. tit. 13, § 35-60.050
Care of Children
Effective Mar 30, 2016section 207.020, RSMo Supp. 2014, and section 210.506, RSMo 2000.* Original rule filed July 18, 2006, effective Jan. 30, 2007. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 210.506, RSMo 1982, amended 1993, 1945Children's Division
PURPOSE: This rule describes the quality of care to be provided by foster parents. It further lists the division’s expectations concerning education and training, moral and religious training, discipline, chores and work, recreation and leisure, earning and spending money, supervision, and transportation. Responsibilities of foster parents to the legal custodian are also listed.
(1) Foster parents shall cooperate in the division’s delivery of social services to the foster child’s family.
- (A) Foster parent(s) shall actively participate in the Family Support Team Meetings either through attendance or, in lieu of physical attendance, written or oral input.
- (B) The foster parent(s) shall notify the division or its contractor at least two (2) weeks prior to any change in family situation including, but not limited to, a change in address, telephone number, employment, household composition, or marital status.
- (C) Except in family emergencies, the foster parent(s) shall notify the division or its contractor within two (2) weeks of any intended addition to household membership so that background checks may be completed and results obtained and approved prior to the individual moving in. In family emergency situations, the foster parent shall notify the division or its contractor so that background checks may be completed immediately thereafter.
- (D) The foster parent(s) shall notify the division or its contractor if any member of the household is arrested, pleads guilty to, or is convicted of a criminal offense.
(2) Physical Care.
(A) The foster parent(s) shall work with the agency to provide all necessary medical and dental care for each child.
- 1. The foster parent(s) shall obtain medical and dental
examinations for the child immediately following placement and at least annually thereafter in cooperation with the placing agency.
- 2. The foster parent(s) shall keep the agency informed of
any health needs of the child.
- 3. The foster parent(s) shall respond to emergency medical
needs in accordance with agency policies and procedures and/ or local legal requirements.
- 4. The foster parent(s) shall not disclose confidential
medical and social information.
- 5. The foster parent(s) shall maintain a medical file on each
foster child placed in the home. The file is to follow the child in the event of removal from the foster home.
- (B) The foster parent(s) shall provide a routine for foster children for the establishment of good personal hygiene.
- (C) The foster parent(s) shall provide food of quality and quantity sufficient to meet the nutritional requirements of the foster child according to his/her age and activities. All foods shall be prepared, served, and stored under sanitary conditions.
- (D) The foster parent(s) shall provide clothing appropriate to the foster child’s age and of quality and quantity similar to other children in the community. Where it is appropriate and possible, foster children shall be allowed to participate in the selection of their own clothing. The possessions and clothing of the foster child shall follow the child in the event of removal from the foster home.
- (E) Care of foster children shall not be combined with regular partor full-time care of other children, nonrelated aged individuals or with any other service or business conducted in the home without the written approval of the licensing agency.
(3) Education and Training.
- (A) The educational and vocational plan for the foster child shall be determined by the Family Support Team, including at minimum the legal custodian (the individual or agency having responsibility for the care, custody, and control of a child) or the representative of the licensed child placing agency, the parent(s), foster parent(s), juvenile officer, and child of appropriate age, twelve (12) and above. Planning will be focused on what is in the best interest of the child and in accordance with section 167.031, RSMo.
- (B) The Children’s Division and Juvenile Office shall be informed of any educational plan other than that which takes place in the traditional public school setting.
- (C) Foster parent(s) shall observe the legal requirements and the plan of school attendance developed by the Family Support Team in accordance with state law.
- (D) Foster parent(s) may “act as the parent” on behalf of the foster child in the development of an Individual Education Plan (IEP). The foster parent acting as the parent may represent a child in all matters relating to the identification, evaluation, educational placement and the provision of a free, appropriate, public education for the child.
- (E) Foster parent(s) shall maintain a school file for the foster child. The file is to follow the child in the event of removal from the home.
(4) Moral and Religious Training.
- (A) Foster parent(s) shall provide for the moral training of foster children in care and shall make opportunities available for religious education and attendance of services compatible with the child’s religious heritage, provided that this training would not be injurious to the foster child’s physical, mental, or emotional health.
- (B) Foster parent(s) shall support a foster child’s cultural identity and individuality in foster care.
(5) Discipline.
- (A) Discipline shall be used in a constructive, fair, and consistent manner. Foster parents shall not use corporal punishment against foster children.
- (B) No foster child shall be subjected to verbal abuse, threats of corporal punishment, derogatory remarks about him/herself or members of his/her family, threats to withhold family visits, threats to expel the child from the foster home or the withholding of food, shelter, or clothing.
- (C) No foster child shall be subjected to abuse or neglect as defined in sections 210.110–210.165, RSMo.
- (D) One (1) child shall not be permitted to discipline another child in a foster home.
- (E) No foster child shall be deprived of mail or family visits as a form of discipline.
(6) Chores and Work.
- (A) No foster child shall be used for soliciting funds or in any other manner exploited by the foster family.
- (B) The foster parent(s) shall provide work and chore experience for foster children that is appropriate to the age, health, and abilities of each individual child. Chores and work shall not interfere with the foster child’s time for school, study periods, play, sleep, normal community contacts, or visits with his/her family.
- (C) The foster parent(s) shall differentiate between chores which foster children are expected to perform as their share in family living and specific work assignments or opportunities as a means of earning money either in or outside the foster family.
- (D) The foster parent(s) shall not require or permit work which requires the foster child to operate dangerous or hazardous equipment or machinery unless adequate safety equipment and proper adult supervision are provided.
- (E) Foster children shall not be required to perform chores or work which is different in amount and type from the community standard for other children.
- (7) Recreation and Leisure. Foster parent(s) shall provide opportunities for social and physical development through recreation and leisure time activities.
(8) Earning and Spending Money.
- (A) The foster parent(s) shall make every reasonable effort to provide opportunities for experience in earning, spending, and saving money based on age and individual requirements of each foster child.
- (B) The foster parent(s) shall not require an employed foster child to pay room and board.
- (C) Foster children shall not be permitted to drive any vehicle without insurance coverage and a proper operator’s license.
- (D) Foster children shall not be permitted to own or operate firearms or motor vehicles without written authorization from the legal custodian and proper training.
(9) Supervision.
- (A) The foster parent(s) shall provide and ensure safe and adequate supervision at all times appropriate to the foster child’s age and individual needs.
- (B) The foster parent(s) shall comply with all Family Support Team recommendations and court orders regarding visitation plans; any exceptions require prior approval from the legal custodian.
(10) Transportation.
- (A) The foster parent(s) shall provide proper insurance coverage if foster children are transported in a private vehicle. Safety standards for the vehicle shall be within the minimum requirements of the law and the vehicle shall be operated by a person with a valid operating license.
- (B) All children shall be secured in the car by car seats or seat belts as required by law.
- (C) The foster parent(s) shall cooperate with the agency in providing transportation as indicated by the individual needs of each foster child including, but not limited to, medical and dental appointments, educational or training programs, and counseling.
- (D) Reimbursement of mileage allowed per Children’s Division policy is not a guaranteed payment and is subject to the same restraints as provided in the Department of Social Services Administrative Manual travel policy for state employees.
(11) Responsibility of Foster Parent(s) to Child’s Legal Custodian.
- (A) The foster parent(s) shall keep the legal custodian informed of the foster child’s progress while in their care. They shall consult with the legal custodian regarding care, training, and plans for the foster child whenever more than the day-today routine is involved.
- (B) The foster parent(s) shall consult with the legal custodian before taking or allowing the foster child to go on vacation trips or visits to the foster child’s relatives.
- (C) The foster parent(s) shall secure the approval of the Children’s Division worker, supervisor, or designated case manager before making plans for the care of the foster child by other persons for any period in excess of twenty-four (24) hours.
- (D) The foster parent(s) shall notify the legal custodian immediately of emergencies involving the foster child. This requirement in no way relieves the foster parent(s) from first taking action, such as obtaining emergency medical treatment for the child before notifying his/her legal custodian. This includes serious illness or injury requiring medical treatment, unauthorized absence from the home, or other situations in which sound judgment dictates that the legal custodian be notified.
- (E) The foster parent(s) shall allow the legal custodian a reasonable period of time in which to make suitable plans for the foster child when the foster parents have requested the child’s removal. The foster parent(s) shall give the legal custodian two (2) weeks’ advance written notice when requesting removal of a child unless there is an emergency. The advance written notice must include an explanation of the reason why the foster parent is requesting the child’s removal.
- (F) Foster children shall not be permitted to use or be known by the foster parent(s) surname, unless the child, child’s parent(s), and legal guardian give their consent in writing.
- (G) The foster parent(s) shall notify the legal custodian at least thirty (30) days prior to moving out-of-state.
AUTHORITY: section 207.020, RSMo Supp. 2014, and section 210.506, RSMo 2000.* Original rule filed July 18, 2006, effective Jan. 30, 2007. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 210.506, RSMo 1982, amended 1993, 1945.