Foster Care for Children Licensing Standards 622-05

 

Definitions 622-05-05

(Revised 10/1/2019 ML #3564)

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  1. Affidavit of Compliance with Licensing Requirements: A statement in writing by a representative of a recognized Indian Tribe stating that a specific home on or near an Indian reservation meets federal and state requirements to provide foster care in their home. The statement must be subscribed and sworn before the Tribal chairperson or other authorized person from the Tribe.
  1. Applicant: Individuals who have completed, signed, dated, and submitted an application to provide foster care for children to the authorized licensing agent as prescribed by the Department.
  1. Approval: The approval by the department of a home of a Native American family located on or near a recognized Indian reservation in North Dakota, not subject to the jurisdiction of the state of North Dakota for licensing. The “approval” will allow the home access to receive title IV-E funding. (NDCC-50-11-00.1)
  1. Authorized agent: Authorized agent means the county social service board or licensed child placing agency, or another entity designated by the department.
  1. Child and Family Team: Every foster child shall have a permanency plan reviewed by a Child and Family Team that meets not less than once each quarter in which the county social services board, human service zone, division of juvenile services, or Tribe acts as the custodial agency supervising the foster child. The Child and Family Team meeting will be co-chaired by the department and the custodial agency director or designee.
  1. Custodial agency: Public agency granted custody of a child; county social service board, human services zone, division of juvenile services or a Tribe. Also known as the supervising agency.

  2. Department: Department means North Dakota Department of Human Services (NDDHS) including its regional human service centers.
  1. Foster Care for Children: Foster care for children means the provision of substitute parental child care to those children described in North Dakota Century Code 50-11; and includes the provision of food, shelter, security and safety, guidance and comfort on a twenty-four hour basis, to one or more children under twenty-one years of age to safeguard the child’s growth and development and to minimize and counteract hazards to the child’s emotional health inherent in the separation from the child’s family. Foster care may be provided in a foster family home, qualified residential treatment program, or supervised independent living program.
  1. Foster Family Home: Foster family home means an occupied private residence in which foster care is regularly provided by the owner or leasee thereof to no more than six children, unless the department approves otherwise. The department will review requests to increase bed capacity for a licensed foster home beyond the limitation of six if the home has the physical capacity to accept and care for additional placements and for any of the following reasons:
  1. To allow a parenting youth in foster care to remain with their own child.
  2. To allow siblings to remain together.
  3. To allow a child with an established meaningful relationship with the family to remain with the family.
  4. To allow a family with special training or skills to provide care to a child who has a severe disability.
  1. Foster Home License: The document issued by the Department which authorizes the applicant to provide foster care subject to the limitations as specific on the license; i.e. a license limited to a specific child(ren), age group, sex of child(ren), for a one-year period or less.

  2. Identified Relative: The child’s grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt, uncle, great-uncle, nephew, niece or first cousin. An individual with a relationship to the children, derived through a current or former spouse of the child’s parent, similar to a relationship described in the first sentence. An individual recognized in the child’s community as having a relationship with the child similar to a relationship described in the first sentence A child’s stepparent. (NDCC 50-11)
  1. License Capacity: The maximum number of foster children who can live in a foster home at any given time.
  1. Licensed Relative Home: A relative may request to have their home licensed or approved. If the home meets the standards for licensure or approval, a license may be issued and the appropriate foster care daily rate must be reimbursed to the relative provider. NOTE: There is a relative waiver option that can be considered for non-safety related licensing compliance, if needed.
  1. License Requirement: No person may furnish foster care for children for more than 30 days during a calendar year without first procuring a license to do so from the department. The mandatory provisions of this section requiring licensure do not apply when the care is provided in:
    1. The home of an identified relative;
    2. A home or institution under the management and control of the state or a political subdivision; or
    3. A home or facility furnishing room and board primarily to accommodate the child’s educational or career and technical education needs.

An individual providing care shall submit to a criminal history record investigation as required under section 50-11-06.8. Although the above three situations do not require a foster care license, the home must be licensed if foster care reimbursement is made on behalf of the child (NDCC 50-11-01 and NDCC 50-11-03.2).

  1. Maintenance Payment): The reimbursement made to the foster parents to meet the needs of the child(ren)placed in licensed or approved (Tribal Affidavit) foster home.
  1. Permanency Planning: Permanency planning occurs during Child & Family Team meetings. Child & Family Team meetings develop procedures that are followed during the time a placement is being planned for the child, during the time a child is in foster care, and until the child has achieved reunification or an alternate permanent plan. This includes returning to the parent(s), adoption, guardianship, relative care, or another planned permanent living arrangement. Permanency plans are developed in accordance with DHHS Manual Chapter 624-05.
  1. Provider: The licensed facility/family home providing foster care to children responsible for meeting and maintaining minimum licensing requirements.
  1. Provisional Status: A provisional status for a licensed or approved Tribal affidavit family foster home is prohibited. The Adoption and Safe Families Act includes statutory provisions of child safety, permanency, and well-being for children. The Department will not allow for prohibition of anything less than full licensure or approval to ensure that children are placed safely in licensed homes.

  2. Specialized Family Foster Care Payments: An excess maintenance payment (EMP) made to qualified foster parents to meet the needs of children with special needs, in accordance with North Dakota Department of Human Services Manual Chapters 624-05 and 623-05.

  1. Substitute Caregiver: A substitute caregiver is a responsible adult, age 21 or older, temporarily providing care for a foster child in the absence of the foster parents. When a foster child is placed in substitute care during the absence of the foster parents, prior approval of the substitute care; must be given by the child’s custodial agency supervising the placement. Prior approval is not required for short periods of substitute care such as a portion of one day. The foster child may not be removed from this state without the prior approval of the child’s supervising agency.
  1. Supervising Agency: Also known as the custodial agency, the supervising agency is the agency or person having care, custody, and control of the foster child as ordered by a court of competent jurisdiction or the designee of that agency or person. (NDAC 75-03-14-01).
  1. The Adoption and Safe Families Act of 1997 (ASFA): The Adoption and Safe Families Act of 1997 (ASFA) seeks to ensure safety, permanency, and well-being for children. Foster care provides a safe, alternate setting for a child when the child’s family cannot provide care. ASFA emphasizes the need for the foster care experience to be brief, but more intense in terms of planning with the family and others to achieve permanency for the child. ASFA imposed strict timelines on states for meeting certain milestones in foster care case activity. It discourages long-term foster care, and eliminates that as one of the permanency options for children. Encouraged are reunification, relative care, guardianship, and adoption. Other options are considered before termination of parental rights and adoption. Concurrent planning is used when appropriate: the agency works on two goals for the child simultaneously; for example, reunification and relative care. Services are provided to the family to ready them for reunification. If that doesn’t happen, the relative care option is ready, and the child’s permanency is achieved in a more timely manner.

    During the time the child is in foster care, she/he needs a safe setting. NDCC 50-11 requires licensure for foster parents. N.D. Admin. Code 75-03-14 is the rule with the minimum requires for family foster care. This NDDHS 622-05 manual is the working policy related to family foster homes. The intent of this structure is to provide a safe, quality foster care experience for children.
  1. Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections): The Fostering Connections Act includes important improvements for children who enter foster care or are at risk of entering foster care. The act offers vulnerable children meaningful family connections and important protections and support, including promoting permanent families for them through relative guardianship and adoption and improving education and healthcare.

  2. Preventing Sex Trafficking and Strengthening Families Act of 2014 (PL 113-182): This law advanced the protection and prevention of children and youth in foster care from exploitation, from becoming victims of sex trafficking and made improvements to the child welfare system to help advance long term permanency outcomes for children and youth in foster care.

  1. Family First Prevention Services Act of 2018 (PL 115-123): Implemented October 1, 2019, this law allows North Dakota and Tribal Nations with an approved IV-E agreement, to use federal funds to provide enhanced support to children and families and prevent foster care placement through the provision of mental health and substance abuse prevention and treatment programs, in-home parent skill based programs and kinship navigator services. This act also seeks to reduce residential placements for children and instead emphasize placements into family foster homes.

  2. ND Rules of Juvenile Procedure, Rules 4 and 15. (www.ndcourts.gov)

    RULE 4. INTERESTED PERSONS: Persons who may participate in a juvenile matter include:

    1. the parties as defined in Rule 3(b);
    2. the child’s guardian ad litem;
    3. in the case of an Indian child, the child’s Indian custodian and Indian tribe through the tribal representative;
    4. in the case of a foster child, the child’s foster parents, pre-adoptive parents and relatives providing care for the child;
    5. any other person who is named by the court to be important to a resolution that is in the best interests of the child.

RULE 15. NOTICE

  1. In General. Within five days of filing a written order, decision or judgment in a juvenile matter, a copy must be served on all parties as directed by the court.
  2. Modification Proceedings. A party seeking review or modification of an existing order must serve notice under Rule 7 of any hearing or proceeding on all parties.
  3. Children in Foster Care. In any matter involving a child in foster care under the responsibility of the state, the state must notify the child’s foster parents, pre-adoptive parents and relatives providing care for the child whenever any proceeding is held with respect to the child.
  4. Guardian ad Litem. If a guardian ad litem has been appointed for a child, notice under Rule 15(a), (b), and (c) must be provided to the guardian ad litem.