1. A. Definitions

   1. (1) “Adoptive home” means a household of one or more persons which has been approved by a child placing agency licensed to provide adoption services or by the Department to accept a child for the purpose of adoption.
   2. (2) “Adoptive parent” means a person who is seeking or has adoptive placement of a child.
   3. (3) “Adoption preservation services” means services provided to help meet the individualized therapeutic or support needs of families, preserve the family unit, enhance stability, prevent dissolution of adoption, and elevate overall family well-being.
   4. (4) “Agency” means a child placing agency.
   5. (5) “Assessment study or home study” means documentation of the assessment of the applicant in a narrative format, completed by a certified investigator, or other person approved by the department.
   6. (6) “Case plan” means a written document that is developed by the Department or Agency, in cooperation with the family, based upon an assessment of the circumstances which required child welfare intervention, and that identifies goals to be achieved and the specific services to be provided. The child’s case plan is the portion of the plan that identifies a child’s specific needs and services and includes the permanency and visitation plan.
   7. (7) “Caseworker” means a person employed by the Agency or Department who has a minimum of a Baccalaureate or an Associate degree and related human services experience.
   8. (8) “Casework Supervisor” means a person who has a a Baccalaureate in a related human services field approved by the Agency or Department with a minimum of two years of directly related child welfare experience.
   9. (9) “Certified adoption investigator” means an individual, self-employed or employed by an agency, corporation, or association who prepares a document addressing issues of concern and information necessary for a court to make a decision in adoption matters and is certified pursuant to applicable statutes and regulations.
   10. (10) “Child” means a person under eighteen years of age or under twenty-one years of age if the person meets requirements of Title 63, Chapter 7, Article 8.
   11. (11) “Child placing agency” means any person or entity who holds legal or physical custody of a child for the purpose of placement of children for adoption. A person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered “facilitating the placement of children for adoption,” whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition. A child placing agency is also any person or entity engaged in the business of certifying foster family homes for licensure in accordance with the Department’s standards and receiving such children for care and maintenance.
   12. (12) “Client” means the person to whom a child placing agency is providing services. This includes, but is not limited to children, foster parents, biological parents, and adoptive parents.
   13. (13) “Commissioner or director” means the chief administrator of the Department of Social Services.
   14. (14) “Department” means the Department of Social Services.
   15. (15) “Foster Family home” means a private home of an individual or family that is licensed by the Department or in accordance with the Department’s standards and in which a child in foster care has been placed in the care of an individual; who resides with the child; who has been licensed to be a foster parent that the Department deems capable of adhering to the reasonable and prudent parent standard defined in Section 63-7-20(24); that provides 24-hour substitute are for children placed away from their parents or other caretakers; and that provides care for children subject to capacity limitations set forth in Section 63-7-2400. This term includes kin, fictive kin, relative, and child-specific homes.
   16. (16) “Foster home licensing/relicensing study” means an assessment of whether the applicant or licensee meets foster home regulations.
   17. (17) “Foster parent” means an individual who is licensed by the Department or an Agency to provide foster family care for children.
   18. (18) “Person” means an individual, partnership, joint stock company, business trust, voluntary association, corporation, governmental organization, court operated program or any other type of organization or profit or nonprofit business enterprise.
   19. (19) “Post placement services” means to provide support, education, and assistance to the family from the time of adoptive placement through consummation.
   20. (20) “Substitute care” means twenty-four (24) hour care provided to a child who must be separated from his/her own family/parents for a specific purpose and for a planned period of time. This could take the form of a foster family home, group home, childcare facility, emergency shelter, residential treatment program, independent living program, wilderness camp or maternity home.
   21. (21) “Therapeutic foster care” means a treatment focused form of foster care provided in a foster family home by trained caregivers for children and adolescents with serious emotional, behavioral, or medical needs that can be met with community based supportive services.

   As used in this article unless the context requires otherwise:

2. B. Application Procedures for Licensure

   1. (1) Applications for licensure as a child placing agency shall be made on forms prescribed and furnished by the Department.
   2. (2) All applications and supporting documentation shall be considered public information, with the exception of personal identifying information or other private information on Agency personnel.
   3. (3) An application is not considered complete unless all required supporting documentation is attached. Failure to supply all required documentation may result in denial of a license.

3. C. Procedure for Licensure. With the initial application for a license, the following information shall be forwarded to the Department:

   1. (1) Statement of Purpose: The child placing agency shall submit to the Department a written statement which shall contain a description of the geographical area to be served and the specific services to be provided. The statement shall be available to the referral sources and the public on request.
   2. (2) A copy of its charter, if applicable.

   3. (3) Governance.

      1. (a) A copy of the bylaws and/or statute by which the agency was created;
      2. (b) A list of officers and Board or Advisory Committee members and their addresses.

   4. (4) Personnel.

      1. (a) A list of job descriptions of administrative and program staff shall be submitted to the Department;
      2. (b) A list of Certified Adoption Investigators who will be utilized or employed by the child placing agency shall be submitted to the Department;
      3. (c) A copy of resumes for program staff.

   5. (5) A copy of the proposed/current procedural manuals shall be submitted to outline policies including, but not limited to, the following areas:

      1. (a) Finance;
      2. (b) Personnel;
      3. (c) Intake and content of records for planning and caring for children;
      4. (d) Placement, and postplacement services to children, foster families, adoptive families and biological parents, if applicable;
      5. (e) Recruitment for both foster and/or adoptive homes;
      6. (f) Assessment study formats as approved by the Department;
      7. (g) Qualification criteria for foster and/or adoptive families;
      8. (h) Procedures for closing cases;
      9. (i) Schedule of payment for services for those Agencies offering adoption services;
      10. (j) Copies of all forms used by the child placing agency in the foster care and adoption process i.e., application, financial forms, medicals, renewal, etc.
      11. (k) Statement of clients’ rights.
   6. (6) Background checks in accordance with Section 63-11-70.

HISTORY: Amended by SCSR 49-5 Doc. No. 5308, eff May 23, 2025.