Wyo. Code R. 049-0029-5
Providers of Substitute Care Services, Certification of
Chapter 5: Child Placement Agencies
Effective Date: 05/15/2013 to 11/08/2017
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0029.5.05152013
SUBSTITUTE CARE SERVICES FOR CHILDREN
CHILD PLACING AGENCIES
(a) All Child Placing Agencies must comply with all sections of this Chapter and the following Chapters and Sections of these Rules:
(i) Chapter 1: All;
(ii) Chapter 2: All; and
(iii) Chapter 3: Sections 1 through 17, Sections 20 through 32, and Sections 34 and 35.
A CPA (CPA) is any entity that arranges for the placement or temporary care, maintenance, and supervision of children in a place other than the home of their parents or relatives. A CPA recruits, trains, approves and provides oversight for its own foster homes.
(a) A CPA foster home shall not house more than five (5) foster children, and the total number of children in the home cannot exceed ten (10) children including the foster parents’ own children.
(b) No more than two (2) infants under two (2) years of age, including the foster parent’s own children, shall be placed in one (1) foster home.
(c) A CPA foster home shall not have more than two (2) severely emotionally disturbed (SED) diagnosed children (including the CPA’s family’s own SED-diagnosed children) in their care at one time.
(d) The above guidelines must be observed at all times during the provision of respite.
(i) Exceptions, (e.g., to maintain family groupings) shall be approved on a case-by-case basis by the Administrator/Executive Director or designee and certifying authority.
In order to qualify for placement in a CPA program, a child must be able to function in the community, attend public school, and live in a family environment.
CPAs shall have, at a minimum, an Administrator/Executive Director. Direct care is provided by CPA foster parents.
(a) CPA staff shall complete a twenty (20)-hour orientation program, as described in Chapter 3, Section 11.
(b) CPA direct care staff shall complete twenty (20) hours of annual training as described in Chapter 3, Section 11 and include training on children diagnosed with SED.
(c) CPA foster parents shall complete an eighteen (18) hour orientation program, as described in Chapter 3, Section 11, before they work directly with children in care.
(d) CPA foster parents shall complete eighteen (18) hours of annual training, as described in Chapter 3, Section 11.
(a) The CPA program shall develop, adopt, follow and maintain on file written policies and procedures to recruit and approve foster parents capable of providing quality services, while ensuring reasonable and adequate safeguards to children and their families.
(b) Foster parents shall be twenty-one (21) years of age or older.
(a) All CPAs must complete and keep on file the following home study process prior to approving a foster home:
(i) Conduct background checks on the prospective foster parent(s) and any other adults residing in the home as set forth in Chapter 3, Section 10;
(ii) Check References. Five (5) positive references must be obtained for each prospective foster parent:
(A) Three (3) non-relative references from persons who have known the applicant for at least two (2) years, and have a general knowledge about the applicant's ability to care for children; and
(B) Two (2) relative references (e.g., parents, siblings), if available, to assess family relationships and support the appropriateness of the applicant to provide foster care and if unavailable, documentation as to why they were unavailable.
(iii) Review physician's statement verifying prospective foster parent(s) is physically, cognitively, and emotionally capable of providing care for the children;
(iv) TB testing as set forth in Chapter 3, Section 12; and
(v) Five (5) or more interviews with the prospective foster parent(s):
(A) Interview each prospective foster parent and household member separately to:
(I) Obtain necessary biographical information; and
(II) Assess each family member's attitude with regard to becoming a foster family.
(B) Provide sufficient information to acquaint the family with the CPA program and its philosophies and practices; and
(C) Two (2) of the five (5) interviews shall be conducted at the family home with all family members present to assess:
(I) Family functioning;
(II) How foster children will be included and integrated into the home; and
(III) For substance use, emotional or domestic violence.
(b) Health and Safety Inspection.
(i) The CPA program shall develop procedures to inspect and monitor every foster home to ensure a safe and healthy environment for children.
(ii) The CPA program shall perform a safety and health inspection of the home addressing all items in Section 9 of this Chapter. Documentation of the inspection shall be placed in the prospective foster home or facility file. The provider may create its own checklist, provided all items are addressed.
(i) The written home study shall include documentation of all interviews and information gathered during home study process and shall also include:
(A) Date of interviews and home visits;
(B) Identifying information about all household members including relationship in the family;
(C) Motivation for becoming a foster family;
(D) Social history and current functioning;
(E) Family of origin, composition, birth order, parents' marriages, separations, other children of prior relationships;
(F) Physical and mental health assessment;
(G) Parenting;
(H) Family relationships;
(I) Employment and finances;
(J) Substance use history of family living in the home; and
(K) Recommendation of approval or disapproval and basis for recommendation.
The CPA program shall develop procedures for the maintenance of a safe, hygienic, and sanitary environment and monitor adherence to procedures in order to protect the health, safety and welfare of the residents.
(a) The CPA shall conduct and document in the foster home file an annual health and safety inspection of the foster home to ensure that the home meets the following health and safety requirements:
(i) Tobacco, Alcohol and Other Controlled Substances.
(A) The foster parent shall prohibit the use of all forms of tobacco, alcohol and other controlled substances by children.
(B) In all foster homes:
(I) The foster home shall maintain a smoke free environment. There shall be no smoking in any space connected to the home environment, to include but not limited to the garage, bathroom, or house;
(II) Foster parents shall ensure a smoke-free environment in all motor vehicles while transporting children;
(III) All forms of tobacco and alcohol shall be stored out of reach of children in a locked or inaccessible area;
(IV) Foster parents shall not engage in the excessive use of alcohol at any time they are in the presence of a foster child and shall not operate a motor vehicle while transporting a foster child if any alcohol has been consumed; and
(V) If a child appears to be addicted to tobacco, alcohol and/or other controlled substances when entering the foster home, the foster parent(s) shall make it known to the CPA, who shall investigate availability of treatment and offer the treatment to the foster child.
(C) All foster parents shall prohibit all use of illegal drugs by anyone on the premises, in any vehicle used by children and in the presence of children.
(D) The CPA shall offer referrals to tobacco cessation programs for children, foster parents and staff.
(ii) Animals. All Foster Homes are required to comply with Chapter 3 Section 18 (c) in reference to animals.
(iii) Pest Control. Insect and rodent control measures shall be implemented as needed.
(iv) Indoor Space and Equipment.
(A) Porches, decks and stairs shall have sturdy railings.
(B) Open staircases shall have a child-safe gate if there are young children in the facility/home;
(C) Safeguards must be taken to protect small children from accidental contact with fireplaces, space heaters and other hot surfaces. The foster parent shall ensure the safe disposal of ashes from coal or wood burning fireplace or stoves; and
(D) Unused electrical outlets shall have safety shields if there are young children placed in foster home.
(A) The overall condition of the buildings and grounds shall be maintained in a clean, uncluttered, sanitary and healthful manner;
(B) House numbers or addresses shall be plainly visible from the street;
(C) Home shall have at least two (2) exits; and
(D) Doors shall be operable from the inside without the use of a key or special effort.
(A) Smoke detectors. Underwriters Laboratory approved smoke detectors shall be installed on all floors of the foster home and centrally located in the hall or area giving access to each sleeping area;
(B) A working fire extinguisher must be available in the foster home;
(C) Every foster home shall have a carbon monoxide detector following manufacturer's recommendations for placement;
(D) Fire exits shall be free of obstructions and accessible at all times;
(E) Windows in rooms designated as sleeping areas must be adequate for emergency escape or rescue; and
(I) Each foster home shall have a written plan for action in case of emergencies (e.g., fire), natural disaster (e.g., earthquakes, floods, tornadoes, and severe weather), and missing children;
(II) The emergency plan of action shall be on file at the CPA;
(III) The plan of action shall include:
(1) Specific procedures for responding to the crisis;
(2) The procedure for reporting emergencies to both the CPA and parents and/or legal guardians;
(3) Procedures for relocation and evacuation of children; and
(4) Local, out-of-county and out-of-state emergency contact information, as applicable.
(IV) All household members must be familiar with the escape plan in the event of a fire.
(vii) Storage of Chemicals, Cleaning Solvents, Flammable and Combustible Materials, Poisons, Toxins.
(A) All poisonous and toxic materials shall be stored in a safe location that is inaccessible to children; and
(B) Combustible and flammable materials and liquids shall be stored outside of main living areas, and shall not create a fire hazard.
(viii) There must be an operable phone available in the foster home.
(ix) Emergency phone numbers and the foster home’s address must be posted and accessible.
(x) The foster parent(s) shall ensure that first aid kits are readily available and accessible in the foster home.
(xi) Weapons/Firearms. All Foster Homes are required to comply with Chapter 3 Section 18 (k) in reference to weapons/firearms.
(a) Approval/disapproval of foster homes is the responsibility of the program.
(b) No foster parent shall be approved to provide care prior to completing the required orientation training.
(c) Careful consideration must be given to all information gathered throughout the application/home study process.
(d) Foster homes shall be certified to provide care for a specific number of children, based upon the ability of the foster parents and the size of the foster home, not to exceed five (5) placements and for a period not to exceed two (2) years. A copy of the certificate with the expiration date of the certification must be sent to the regional DFS foster care coordinator with copies of the background checks for all of the foster parents.
(e) Foster homes shall be reviewed on an annual basis and an in-home inspection must be completed and documented in the foster home file.
(f) The annual review shall include an update of the original home study process and the following:
(i) Ensuring TB testing is current based on Wyoming Department of Health recommendations (http://www.health.wyo.gov/PHSD/tb/index.html);
(ii) Ensuring the foster parent(s) have eighteen (18) hours of annual training, including current in Infant/Child and Adult CPR and First Aid certification;
(iii) Updating the onsite inspection;
(iv) Documenting any changes in the family structure and verifying background checks have been completed prior to any new adult members joining the household; and
(v) Ensuring driver's license(s) and vehicle registration(s) requirements are current.
(a) Successful fostering requires knowledge and skills beyond those of parenting one's own biological children.
(b) The foster parent(s)' role includes intentional, active involvement in advocating for, planning, and delivering services to meet the individual needs of a child who is not the foster parents' child by birth or adoption, and may include involvement with the child's birth/adoptive parents. Therefore, foster parents are to be considered full, participating members of the family foster care team.
(c) The responsibilities and contributions of the foster parents include:
(i) Acquiring the specialized knowledge and skills to successfully foster a child, including knowledge of child development and parenting skills;
(ii) Actively helping the child and, when appropriate, the child's birth/adoptive parents, to meet case goals;
(iii) Supporting the relationship between foster children and their birth/adoptive families;
(iv) Advocating for additional services needed by the child and, as appropriate, the child's birth/adoptive parents, for attainment of ISPC goals; and
(v) With the CPA case manager, planning for permanency to connect children to safe and nurturing relationships intended to last a lifetime.
(d) Required to immediately notify the CPA as to any new adult proposing to move into the foster home and do required paperwork including but not limited to background checks as cited in Chapter 3 Section 10 and 12.
(a) In addition to the requirements listed in Chapter 3, Section 26, the following requirements must be met:
(i) Children in foster care shall be allowed to earn money while in placement, when appropriate and as part of the ISPC;
(A) Employment may be outside the home or work may be performed for the foster parents; and
(B) No child shall be required to participate in uncompensated work assignments unless the work is related to housekeeping, maintenance of the foster home or grounds, personal hygienic needs, or the work is part of an approved vocational or training program.
(ii) Babysitting by foster children.
(A) Foster children may be given permission to baby-sit with the approval of the Administrator/Executive Director or designee and the child's DFS caseworker. Decisions shall be made on a case-by-case basis.
(B) Foster children shall receive compensation for babysitting from the family receiving services. Said compensation shall be based on the current 'market value' paid for babysitting.
(iii) Employment by foster children.
(A) Neither work experience nor the length of time spent on non-paid chores shall interfere with a child's time for school, study periods, play, sleep, community contacts or visits with family, and shall be designed to serve the child's interest;
(B) If work experience is a part of the child's ISPC, it shall be identified in the ISPC;
(C) The foster family shall differentiate between chores children are expected to perform, specific work assignments made as a means of earning money, and jobs performed in or outside of the home to gain vocational training;
(D) The foster family shall limit the length of time children spend on regular non-paid chores to one (1) hour per day during the school year and not more than two (2) hours a day during the summer months; and
(E) The time limits may be extended for the performance of special household projects (e.g., house painting). All time extensions shall be approved on a case-by-case basis by the Administrator/Executive Director or designee.
(F) The foster family shall comply with applicable child labor laws.
(G) Children shall be provided proper supervision when working with or in proximity to power-driven machinery.
(b) The CPA program shall develop policy and procedure describing how each child's personal funds shall be handled, to include where the money is held (e.g., bank account) and how often the account is reviewed by CPA program staff:
(i) A complete record of a child's earnings and dispersals from this fund shall be maintained and made available upon request;
(ii) Foster parents shall be actively involved in teaching money management skills appropriate to the child's age; and
(iii) Children shall never be required to use their personal funds for reasonable basic needs (e.g., hygiene products, food, clothing).
(a) Recruit foster families.
(b) Ensure orientation training and opportunities for annual training requirements of all foster parents.
(c) Develop comprehensive case management services that support the child, the parents and/or legal guardian, and the foster parents.
(d) Facilitate access to the community resources necessary to carry out the ISPC objectives.
(e) Develop, adopt, follow and maintain on file written policies and procedures ensuring:
(i) Children placed in foster homes shall receive guidance and instruction in personal care and good hygienic practices;
(ii) Necessary hygiene supplies, towels, wash clothes and toiletries are provided to children;
(iii) Children are adequately clothed; and
(iv) Children are not to be forced to wear any type of uniform or clothing that is degrading or humiliating.
(f) Maintain ongoing communication with the foster family by visiting in the foster home at least two (2) times each month unless indicated more often based on the circumstances of the case.
(i) Visitation by the CPA program staff in the foster home may be adjusted if circumstances warrant such a change in frequency.
(ii) At least one (1) home visit each month must occur when the child is present; and
(iii) All visits must be documented in the child’s file.
(g) In addition to home visits, each child must be seen alone once each month.
(h) Develop and document a system of support services for the foster family that will adequately meet the needs of the child in foster care.
(i) Put in place a mechanism for the monitoring of service delivery which shall be accomplished at least every thirty (30) days or sooner if needed and shall meet the following criteria:
(i) Include a random selection of case files;
(ii) Documentation must include input from the child. To accomplish this, the child must be interviewed individually; and
(iii) Documentation must include input from the foster parents.
Foster parents shall provide the following services:
(a) Room and board;
(b) Supervision; (c) Meeting the physical, mental health, vocational, developmental, social, cultural, spiritual and educational needs of children in their care; (d) Helping the child meet all appointments included in the ISPC by providing transportation and other pertinent services; (e) Participating in planning for the child; (f) Meeting regularly with the CPA case manager, DFS caseworker if in DFS custody and other professionals, as indicated, to review progress; and (g) Helping the child acquire skills in the following areas: (i) Socialization; (ii) Daily living skills; (iii) Education; (iv) Job seeking and job placement skills, as appropriate for the child; (v) Independent living skills; and (vi) Development of cultural identity.
(a) An ISPC shall be developed for each child within ten (10) days of placement pursuant to guidelines set forth in Chapter 3, Section 33. (b) The ISPC shall be developed by the Administrator/Executive Director (or designee), foster parent, parent or legal guardian, DFS caseworker if child is in DFS custody and the child, if age appropriate.
(a) Respite is defined as a planned period of relief from direct care. (b) Respite providers must meet one (1) of the following criteria: (i) Be an approved foster home; or (ii) Be approved by the Administrator/Executive Director. Approval of a home, at a minimum, includes a completed application, two (2) or more positive references, home inspection, approval by DFS if the child is in DFS custody and a background check (central registry, DCI prescreen and criminal history).
(c) The respite provider shall be provided with information on how to obtain medical care for the children, instruction on addressing the needs of the children, contact information for the children’s regular caregivers, caseworker, parents, counselors, and other emergency information.