Memorandum of Understanding (MOU) of Correction 622-05-10-10-05

(Revised 6/1/22 ML #3677)

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A memorandum of understanding (MOU) is an agreement between the foster care provider, authorized licensing agent (if applicable) and the CFS Licensing Unit. MOUs are created to enter into an agreement on a method of correction or licensing violation. A MOU of correction can be issued whenever the CFS Licensing Unit determines that the foster care provider is not in full compliance with NDCC 50-11, NDAC 75-03-14 or 622-05 policy.

 

A foster care licensing MOU of correction is not required for internal agency protocols. For example; a foster family is not submitting internal paperwork timely and the authorized licensing agent would like the family to sign a MOU to improve a documentation requirement. This example is an of internal agency protocol need, is not a direct licensing compliance issue; therefore, a foster care licensing MOU of correction would not be warranted by the CFS Licensing Unit.

 

MOUs of correction must be approved by the CFS Licensing Unit prior to issuance.

Foster Care Licensing MOU’s of Correction must:

  1. Be drafted by the licensing specialist and must contain details surrounding what occurred, which law, rule or policy was non-compliant, what is expected of the foster care provider and what timelines are required. It is important to note in the MOU the ramifications of what may occur if there is continued non-compliance.
  2. Be reviewed in consultation with a CFS licensing supervisor before a MOU is officially issued to a foster care provider.
  3. A MOU of correction must be signed and dated by; the foster care provider, assigned licensing specialist, and the Department if submitted by an authorized licensing specialist outside of the CFS Licensing Unit. A MOU of correction may require the submission of a corrective action plan by the foster care provider. If a corrective action plan is required, the MOU must also specify a date by which the corrective action plan must be submitted by the foster care provider.
  4. Ensure when an MOU is issued for reasons on a method of correction of violation/s or for other assurances, the foster care provider must receive additional monitoring visit(s) to ensure the foster care provider is following the MOU. This visit(s) may be completed by the licensing specialist or the child's custodial agency during the monthly face-to-face visitation.

A copy of the signed MOU of correction must be given to the foster care provider, maintained in the foster care provider’s licensing file.