1. (1)(a) This section supersedes Subsections R380-600-3(16), (18), and (19) in accordance with Subsection 26B-2-105(5)(d).

   1. (b) This section does not apply to a child-placing foster care agency or foster homes certified under a child-placing foster care license.

2. (2)(a) A foster parent who has remained continually licensed by OL for any two or more consecutive years, with no penalties or notations of noncompliance during that period, shall receive a renewal license that expires three years following the renewal license start date.

   1. (b) A foster parent with a three-year license remains subject to:

      1. (i) ongoing background checks and approvals and denials, as outlined in Section 26B-2-120; and
      2. (ii) the requirement to submit annual update information to ensure OL has accurate information regarding the home and family members.

   2. (c) In accordance with Subsection 26B-2-107(3), an announced or unannounced on-site inspection may not be conducted by OL for any foster parent with a three-year license, unless:

      1. (i) the office is made aware of any safety concerns in the home requiring an on-site visit from OL;
      2. (ii) the licensee has not had any placements for more than 12 consecutive months and seeks to take a new placement; or
      3. (iii) as necessary to monitor a material change.
3. (3) If the foster parent with a three-year license receives a new notation of noncompliance, OL shall revert to the annual license requirements that maintains the same expiration day and month for a one-year license.

4. (4) The foster parent may not allow any person without an OBP eligible background check to have unsupervised direct access to a foster child unless:

   1. (i) the person is a provider of incidental care;

      1. (ii) the person is identified in the foster child's department record as an individual for preserving connection;
      2. (iii) the person is a resident living in the home of a short-term relief care provider that maintains supervision of the resident in the presence of a foster child; or
      3. (iv) the person's access is driven by child-centered normalcy needs that are guided by reasonable and prudent parenting as described in Section 80-2-308 and is not a foster parent delegation of parental responsibility.
5. (5) The foster parent who selects short-term care for a foster child as a delegation of parental responsibility and not for respite care, incidental care, preserving connection or short-term relief care must ensure the caregiver has an eligible OBP background check and the child's caseworker approves the caregiver in-writing before allowing unsupervised direct access to the foster child.

KEY: licensing, human services, foster care, certified foster care

Date of Last Change: July 18, 2025

Notice of Continuation: October 3, 2022

Authorizing, and Implemented or Interpreted Law: 26B-2-104