Amending a License 622-05-20-11

(Added 3/31/2023 ML #3705)

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Licensed foster care providers can experience various changes in their family setting while licensed to provide foster care for children. It is common to have a change that may result in an amendment to a license. A licensing amendment can occur at any time and must be approved by the Department.

 

Requests:

The CFS Licensing Unit must receive requests for an amendment on the SFN 1017, Foster Care Licensing Amendment Request. The form is only required when a request is made by:

1. Authorized Licensing Agent (Nexus PATH, Tribal Nation, etc.) or

2. Custodial agency staff (Zone, DJS or Tribal Nation)

 

Amendment Requirements:

 

  1. CFS Licensing Unit must review the SFN 1017 in order for a family foster care provider to receive an amendment to the license

  2. If the CFS licensing specialist is aware of a requested change from a state home during the renewal period or a quarterly check-in meeting, the amendment form is not required. As employees of the CFS Licensing Unit the amendment or change can be documented as part of the case activity log and a new license issued when appropriate and necessary.

  3. The SFN 1017 amendment request is required when the authorized licensing agent or a child’s custodial agency is seeking to increase a licensed provider’s bed capacity, age limit or gender served in the home. Treatment providers (Nexus PATH) will complete the SFN 1017 for all licensing amendment requests that exceed seven days. Nexus PATH will manage internal agency respite or substitute care arrangements that last less than seven days via an internal form submitted to CFS Licensing Unit to track placements.

  4. Placements made into a licensed provider home without CFS Licensing Unit approval, may result in the child’s custodial agency (Zone, DJS, or Tribal Nation) being required to reimburse the foster care provider.

  5. For those seeking respite care, DO NOT complete the SFN 1017, instead case managers must follow the respite policy and the SFN 929.

 

Request Process

It is known that placements do occur after business hours and the CFS Licensing Unit does not have an afterhours on-call system. Custodial agencies are asked to first seek shelter care on-call providers or licensed providers with an open placement status. If a provider is identified, but the placement would put the provider over capacity; an amendment is required. The custodial agency must:

  1. During typical work hours (Monday - Friday 8:00am – 5:00pm)

    1. Contact the CFS Licensing Unit to discuss and gain verbal approval prior to the placement.

    2. Submit the SFN 1017 within one business day.

  2. Outside of typical work hours (Evenings or Weekends)

    1. Submit the SFN 1017 within one business day of the placement

    2. The SFN 1017 will allow for a temporary status of the license, not to exceed seven (7) days.

    3. The CFS Licensing Unit must review and approve.

    4. If placement is less than seven days, this form will document the short-term temporary approval. CFS Licensing Unit will be required to increase the beds in the payment system to ensure the licensed provider is eligible for payment, but there will not be a new paper license issued for temporary licensing status of seven days or less.

 

Information Needed

An amendment request will most likely be requested to increase in bed capacity. When this occurs, it is important for the Department to have basic information regarding the foster care provider’s makeup of the home. CFS Licensing Unit is required to make a decision regarding the amendment request with due regard of the sleeping arrangements, bed space and safety planning for the children; while ensuring support for the foster care provider. In efforts to make a decision, the amendment form asks for details including:

  1. How many children are in the home today,

  2. How many children is the custodial agency seeking to add,

  3. What are the needs of the children and where is everyone sleeping,

  4. Permanent beds versus temporary beds is critically important to the amendment process as a temporary bed cannot be used for greater than seven days;

  5. A brief summary of circumstance and explanation of the request to increase bed capacity (who, what, when, where, why) and specify in detail sleeping arrangements; and

  6. Acknowledgement by the custodial case manager or authorized licensing agent that communication with the provider and assessment for safety in the home did occur,

  7. Confirmation that the requesting staff believes the provider can manage the increase of beds in the home without undue risk to any children in placement, and

  8. Partnering and collaboration with other custodial agencies to review and discuss placements in the home as a means to not disrupt the current household.

 

Substitute Care: Substitute care may be needed when a foster care provider is temporarily unavailable to care for the foster child; foster parents make arrangements with one another. This most often occurs when the primary foster care provider is going on vacation, has a funeral that will take them out of town overnight, etc. Substitute care arrangements are intended to be for short periods of time, if the care is needed for greater than a portion of one day, foster care providers are required to gain approval from the child’s custodian. Reimbursement is managed privately and is not maintained or managed by the Department, which does not require a license amendment or placement change. Case managers must approve substitute care arrangements and should assess and address the volume of children in the home, sleeping arrangements must temporary vs. permanent bed space meets licensing standards, and safety plans.