Sec. 07.05.02.13. Recommendation for Certification

A. The agency's chief administrator or designee shall:

(1) Make the results of the foster parent's home study and training evaluation available in writing for the record and for the applicant;

(2) Review charges, investigations, convictions, or findings related to a crime of any household member of the foster parent to determine:

(a) Possible effect on the applicant's ability to execute the responsibilities of a foster parent; and

(b) Applicant's ability to provide quality service to children in care;

(3) Deny certification if an applicant for foster parent certification:

(a) Refuses to consent to the child protective service clearance and the criminal background check;

(b) Has an indicated child abuse finding;

(c) Has a felony conviction for child abuse or neglect, spousal abuse, a crime against children, rape, sexual assault, human trafficking, or homicide;

(d) In the 5 years before the date of application for foster parent certification, has a felony conviction for physical assault, battery, or a drug-related offense; or

(e) Refuses to consent to the Motor Vehicle Administration clearance;

(4) If a child abuse or neglect investigation is in process, postpone the decision on certification until the investigation is complete;

(5) Review local department records to determine whether an applicant is in arrears on child support payments and, if in arrears, whether the arrearage:

(a) May be corrected; or

(b) Impacts on the applicant's ability to provide foster care;

(6) Decide to certify or deny based on all available information, State requirements, and agency policy;

(7) Notify the applicant in writing of the decision within 120 days after the date on the signed application; and

(8) Have a signed agreement with the certified foster parent which includes the following:

(a) For the foster parent:

(i) A pledge to serve as foster parent for at least 6 months;

(ii) Those foster parent's actions which require agency staff authorization;

(iii) The extent of liability for damage or risk resulting from foster children living with the foster parent;

(iv) An understanding that certification expires 1 year from the date on the signed agreement; and

(v) Expectations of the foster parent which support activities to promote the right of a child to relationships with the child's own family and cultural heritage; and

(b) For the agency:

(i) An understanding that the foster parent shall be reimbursed financially commensurate with the care needs of the child as specified in the service plan and in a timely manner;

(ii) A pledge that the foster parent shall be treated with dignity, respect, and consideration as a professional member of the agency's child treatment team; and

(iii) A pledge to inform the foster parent of the date, time, and location of CRBC and administrative reviews of the foster child's case and resulting appropriate recommendations, providing information to assist a foster parent without disclosing confidential information.

B. An applicant aggrieved by the agency's chief administrator's decision shall be informed orally and in writing that the applicant may file a grievance in accordance with agency policy.

C. An individual or couple not certified as a foster parent by an agency may not provide care for a foster child.