Relative Waivers 622-05-15-17

(Revised 6/1/22 ML #3677)

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The Fostering Connections Act of 2008 allows, on a case-by-case basis, agencies to waive non-safety related licensing standards when licensing an identified relative’s home. North Dakota may waive non-safety related licensing standards in order to eliminate barriers to place children safely with identified relatives as defined in NDCC 50-11-00.1. The waiver, SFN 844, must be completed and signed by the licensing specialist agreeing to the relative waiver in order for the CFS Licensing Unit to license/approve. Every effort must be made to ensure the home meets licensing standards set forth in NDAC 75-03-14 and manual chapter 622-05.

 

North Dakota has highlighted specific waiver categories permitted for consideration for relative waivers.

• Age 21; waiver issued to a prospective provider no less than age 18 if determined appropriate for the child.
• Physical characteristics of the home
• Bedrooms/sleeping arrangements
• Background check results (not all results can be waived)
• Transportation
• Functional literacy
• Other

Potential waivers need to be staffed with and decided upon by the CFS Licensing Unit Administrator and/or designee as early as possible during the home study process. If approved, documentation is required for any waivers granted with specific notation of any agreements, alternate plans, or terms of the waiver(s) agreed upon by the authorized licensing agent, licensing agency and relative caregiver.

 

The Department is not required to grant any waivers. A refusal to grant or revoke a waiver is not subject to appeal.

 

The federal Fostering Connections Act requires states to report on children placed in relative family foster homes, whether or not they are licensed, and the use of licensing waivers. Information regarding relative placements is entered into the CCWIPS/FRAME system:

1. If the foster youth is placed in a licensed identified relative family foster home, enter this information into CCWIPS. Check "Yes" behind "Relative Foster Care"; check "Yes or No" behind "Waiver Granted"; If "Yes" is indicated, a text field is available to indicate what non-safety related licensing standard was waived.
2. If the foster youth is placed in an unlicensed relative family foster home, indicate the reason the relative is not licensed under the "Placement" window in FRAME. A drop-down box is available for "Reason Relative Not Licensed." If "Other" is chosen, a short description is required. A comments section is available if more detail is needed.

The CFS Licensing Unit is not required to grant any waivers. A refusal to grant or revoke a waiver is not subject to appeal.