[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Notices]
[Pages 37495-37500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16380]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Notice for Proposed Model Family Foster Home Licensing Standards

AGENCY: Administration for Children and Families, HHS.

ACTION: Notice; Request for Comments.

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SUMMARY: The Family First Prevention Services Act (FFPSA) directs the 
U.S. Department of Health and Human Services (HHS) to identify 
``reputable model licensing standards with respect to the licensing of 
foster family homes. In response to this directive, the Children's 
Bureau (CB) solicits comments on the proposed National Model Family 
Foster Home Licensing Standards.

DATES: Submit comments on or before October 1, 2018.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#e9aaabaa8684848c879d9aa9888a8fc781819ac78e869f"><span class="__cf_email__" data-cfemail="aae9e8e9c5c7c7cfc4ded9eacbc9cc84c2c2d984cdc5dc">[email protected]</span></a>. Include [docket number and/
or RIN number] in subject line of the message.
    <bullet> Mail: Submit written comments to Kathleen McHugh, United 
States Department of Health and Human Services, Administration for 
Children and Families, Director, Policy Division, 330 C Street SW, 
Washington, DC 20024. Please be aware that mail may take an additional 
3 to 4 days to process due to security screening of mail.

FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Director, Policy 
Division, Children's Bureau, 330 C Street SW, Washington, DC 20201. 
Email address: <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="f6959495999b9b93988285b6979590d89e9e85d8919980">[email protected]</a>. Deaf and hearing impaired 
individuals may call the Federal Dual Party Relay Service at 1-800-877-
8339 between 8:00 a.m. and 7:00 p.m. Eastern Time.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Overview of the Proposed National Model Family Foster Home 
Licensing
III. Standards Summary of the Proposed National Model Foster Care 
Licensing Standards

[[Page 37496]]

I. Background

(1) Legislative Context

    The President signed the Bipartisan Budget Act of 2018, Public Law 
(Pub. L.) 115-123 into law on February 9, 2018. Public Law 115-123 
includes the FFPSA in Division E, Title VII. Section 50731 of the FFPSA 
directs HHS to ``identify reputable model licensing standards with 
respect to the licensing of foster family homes (as defined in section 
472(c)(1) of the Social Security Act).''
    By April 1, 2019, title IV-E agencies, which include all states and 
12 tribes, must provide the HHS specific and detailed information 
about:
    [cir] Whether the state or tribal agency foster family home 
licensing standards are consistent with the model licensing standards 
identified by HHS, and if not, the reason; and
    [cir] Whether the state or tribal agency waives non-safety 
licensing standards for relative foster family homes (pursuant to 
waiver authority provided by section 471(a)(10)(D) of the Act), and if 
so, how caseworkers are trained to use the waiver authority and whether 
the agency has developed a process or provided tools to assist 
caseworkers in waiving these non-safety standards to quickly place 
children with relatives.
    States and tribes have a long history of developing and 
implementing their own foster family home licensing standards. These 
standards are typically included in statutes, codes, or regulations, 
but may also be included in policy documents or guidance. In reference 
to the title IV-E program, section 471(a)(10) of the Act requires title 
IV-E agencies to develop plans that provide for the establishment and 
maintaining of standards for foster family homes and child care 
institutions. These standards must be reasonably in accord with related 
standards developed by national organizations, including standards 
related to admission policies, safety, sanitation, protection of civil 
rights, and permit the use of the reasonable prudent parent standard.

(2) Reviewing Foster Family Home Licensing Standards

    We are proposing one set of standards for comment to apply to 
relatives and non-relatives, as well as state and tribal title IV-E 
agencies.
    Prior to drafting these standards, CB:
    <bullet> Reviewed several state and tribal foster family licensing 
standards that represented a mix of population densities, state and 
county administered states, and a range of geographic locations;
    <bullet> examined the ``Model Family Foster Home Licensing 
Standards'' published by the National Association for Regulatory 
Administration (NARA Standards);
    <bullet> reviewed the ``Development and Implementation of Tribal 
Foster Care Standards'' published by the National Indian Child Welfare 
Association (NICWA); and
    <bullet> consulted guidelines, recommendations, and best practices 
for foster care services including the following:
    <bullet> Council on Accreditation Family Foster Care and Kinship 
Care Program Accreditation Guidelines; and
    <bullet> Child Welfare League of America (CWLA) Standards of 
Excellence for Family Foster Care Services.
    The CB relied heavily upon the NARA standards in drafting the 
proposed National Model Family Foster Home Licensing Standards. The 
NARA standards were developed by attorneys at Generations United and 
the American Bar Association who researched family foster care 
licensing standards in state codes, regulations, and policies for each 
state and the District of Columbia.\1\ The current NARA standards use 
model language from state licensing standards and language from the 
CWLA and the Council on Accreditation with the goal to create 
reasonable and achievable safety standards for family foster home 
licensing. NICWA assisted the Council on Accreditation with developing 
foster care and kinship care standards used to accredit public and 
private agencies that address the unique needs of Native children and 
account for the protections of the Indian Child Welfare Act.
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    \1\ For the research results, please see: http://www.grandfamilies.org/Portals/0/Improving%20Foster%20Care%20Licensing%20Standards.pdf.
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    CB assessed whether these materials shared purposes, standards, and 
categories to support the conclusion that the NARA standards were 
appropriate to use as a main source for the National Model Family 
Foster Home Licensing Standards. Through this review, CB determined 
that while it is important for standards to be flexible for title IV-E 
agency implementation, overall, the standards reviewed shared many 
commonalities. Further, the NARA standards are based in significant 
research and input from experts in the field; therefore, we consider 
them the best available resource to base a federal standard on, and 
reasonably flexible for title IV-E agency implementation.
    CB did not examine the following subject areas because this was 
outside the scope of the legislative requirement:
    <bullet> Foster home licensing procedures;
    <bullet> Emergency placement procedures;
    <bullet> Re-licensure procedures;
    <bullet> Procedures for pre-service training;
    <bullet> Care of children after placement in a licensed foster 
home; and
    <bullet> Post-licensing requirements, such as foster parent 
recordkeeping and reporting.

II. Overview of the Proposed National Model Family Foster Home 
Licensing Standards

    The proposed standards are categorized into eight categories that 
closely resemble the NARA standards:

A. Foster Home Eligibility
    a. Threshold Requirements
    b. Physical and Mental Health
    c. Background Checks
    d. Home Study
B. Foster Family Home Health and Safety
    a. Living Space
    b. Condition of Home
C. Foster Home Capacity
D. Foster Home Sleeping Arrangements
E. Emergency Preparedness, Fire Safety, and Evacuation Plans
F. Transportation
G. Training
H. Foster Parent Assurances

    These categories cover the essential components of licensing a 
foster family in terms of ensuring the applicant's capacity to care for 
a child in foster care, and also provide parameters for licensing the 
physical home of the family to ensure it is appropriate and safe for a 
child in foster care.
    The National Model Family Foster Home Licensing Standards, based on 
the NARA Standards, are designed to be broad and flexible enough to 
respond to individual circumstances, state and tribal jurisdictions, 
and help ensure children in out-of-home care have safe and appropriate 
homes. The standards do not include the many other agency practices for 
how to conduct assessments, good practice standards, guidelines on re-
licensing, or other requirements that must be undertaken with licensing 
foster family homes. In addition, there are numerous state and federal 
laws that agencies must consider when licensing foster family homes 
that we did not address. We encourage agencies to utilize best 
practices, such as engaging tribal communities or others as appropriate 
in licensing families; however, these standards do not address such 
practices.

[[Page 37497]]

III. Summary of the Proposed National Model Foster Care Licensing 
Standards

------------------------------------------------------------------------
       Subject standard                   Standard and summary
------------------------------------------------------------------------
Foster Home Eligibility......  A. Foster Home Eligibility: A family
                                foster home license includes the
                                following:
                                  a. Threshold Requirements:
                                    i. Applicants must be age 18 or
                                     older.
                               ii. Applicants must have income or
                                resources to make timely payments for
                                shelter, food, utility costs, clothing,
                                and other household expenses prior to
                                the addition of a child or children in
                                foster care.
                               iii. Applicants must be able to
                                communicate with the child in the
                                child's own language and applicants must
                                be able to communicate with the title IV-
                                E agency, health care providers, and
                                other service providers.
                               iv. At least one applicant in the home
                                must have functional literacy, such as
                                having the ability to read medication
                                labels.
Summary--Foster Home           The proposed eligibility standards
 Eligibility.                   provide threshold requirements for a
                                family foster home license to establish
                                a first step in assessing the
                                applicant's age, financial stability,
                                and ability to communicate with the
                                child and agency.
                               We propose that adult applicants are
                                financially stable to meet their
                                family's needs prior to placing a child
                                in the home. We proposed communication
                                standards which are flexible for both
                                the applicant and agency in that
                                applicants must be able to follow agency
                                and service provider instructions as
                                well as communicate directly with a
                                child. The proposed standards do not
                                include requirements for English
                                literacy so as not to dissuade potential
                                foster family applicants. However, we
                                propose functional literacy to ensure at
                                least one of the applicants has the
                                ability to read and write at the level
                                necessary to participate effectively in
                                the community in which they live.
Foster Home Eligibility--         b. Physical and Mental Health: All
 Physical and Mental Health.       applicants must have recent
                                   (conducted within the prior 12
                                   months) physical exams from a
                                   licensed health care professional
                                   that indicate that the applicants are
                                   capable of caring for an additional
                                   child or children.
                                    i. All household members must
                                     disclose current mental health and/
                                     or substance abuse issues.
                               ii. All household members must provide
                                information on their physical and mental
                                health history, including any history of
                                drug or alcohol abuse or treatment.
                               iii. The title IV-E agency may require
                                further documentation and/or evaluation
                                to determine the suitability of the
                                home.
                               iv. All children who are household
                                members must be up to date on
                                immunizations consistent with the
                                recommendations of the American Academy
                                of Pediatrics, the Advisory Committee on
                                Immunization Practices of the Centers
                                for Disease Control and Prevention, and
                                the American Academy of Family
                                Physicians, unless the immunization is
                                contrary to the child's health as
                                documented by a licensed health care
                                professional.
Summary--Foster Home           The proposed physical and mental health
 Eligibility--Physical and      standards ensure each applicant is
 Mental Health.                 physically, mentally, and emotionally
                                capable of caring for an additional
                                child or children through a required
                                physical exam. We are not requiring that
                                household members undergo a physical
                                exam, however, they must provide a
                                health history, including any history of
                                drug or alcohol abuse or treatment.
Foster Home Eligibility--         c. Background Checks:
 Background Checks.            i. Applicants must submit to criminal
                                record and child abuse and neglect
                                registry checks as required in section
                                471(a)(20) of the Social Security Act
                                (the Act).
Summary--Foster Home           The proposed background check standards
 Eligibility--Background        mirror the requirements under section
 Checks.                        471(a)(20) of the Act which requires
                                title IV-E agencies to perform criminal
                                and child abuse and neglect registry
                                background checks as part of meeting the
                                IV-E requirements. The state or tribe
                                must not grant final approval to the
                                applicant if a record check reveals a
                                felony conviction for:
                                  <bullet> Child abuse or neglect;
                               <bullet> Spousal abuse;
                               <bullet> A crime against children
                                (including child pornography);
                               <bullet> A crime involving violence,
                                including rape, sexual assault, or
                                homicide, but not including other
                                physical assault or battery;
                               <bullet> Physical assault, battery, or a
                                drug-related offense within the last
                                five (5) years; and
                               Title IV-E agencies must check any child
                                abuse and neglect registry maintained by
                                the state or tribe for information on
                                any applicant and on any other adult
                                living in the prospective foster home.
                                Further, title IV-E agencies must
                                request any other state or tribe in
                                which any such applicant or other adult
                                has resided in the preceding five (5)
                                years.
Home Study...................     d. Home Study: Applicant must have
                                   completed an agency home study, which
                                   is a written comprehensive family
                                   assessment in collaboration with the
                                   applicants to include the following
                                   elements:

[[Page 37498]]

 
                                    i. At least one scheduled on-site
                                     visit to assess the home to ensure
                                     that it meets the state, tribal and/
                                     or local standards applicable to
                                     the safety and care of the home.
                               ii. At least one scheduled in home
                                interview for each household member to
                                observe family functioning and assess
                                the family's capacity to meet the needs
                                of a child or children in foster care.
                               iii. The title IV-E agency has discretion
                                on whether to interview or observe each
                                household member based on his or her age
                                and development.
                               iv. Multiple applicant references that
                                attest to the capability of the
                                applicant to care for the child,
                                including at least one from a relative
                                and one from a non-relative.
Summary--Home Study..........  We propose a broad home study standard
                                that requires the title IV-E agency to
                                conduct in-person and on-site interviews
                                and obtain references for all
                                applicants. Most states have home study
                                requirements in law and regulation which
                                include explicit home study and
                                interview standards.
Foster Family Home Health and  B. Foster Family Home Health and Safety:
 Safety.
                                  a. Living Space: The home must be a
                                   house, mobile home, housing unit or
                                   apartment occupied by an individual
                                   or a family. The home, grounds, and
                                   all structures on the grounds of the
                                   property must in a reasonable state
                                   of repair within community standards.
                                   The home must have:
                                    i. A continuous supply of safe
                                     drinking water.
                               ii. A properly operating kitchen with a
                                sink, refrigerator, stove, and oven;
                               iii. At least one properly operating
                                bathroom with a toilet, sink and tub or
                                shower.
                               iv. Heating and/or cooling as required by
                                the geographic area, consistent with
                                accepted community standards and in safe
                                operating condition.
                               v. A working phone or access to a working
                                phone in close walking proximity.
                               b. Condition of the Home: The applicants'
                                home, grounds, and all structures on the
                                grounds of the property must be properly
                                maintained in a clean, safe, and
                                sanitary condition and in a reasonable
                                state of repair within community
                                standards. The interior and exterior
                                must be free from dangerous objects and
                                conditions, and from hazardous
                                materials. The home must meet the
                                following requirements:
                               i. Have adequate lighting, ventilation
                                and proper trash and recycling disposal.
                               ii. Be free from rodents and insect
                                infestation.
                               iii. Proper water heater temperature.
                               iv. Weapons and ammunition (separately)
                                stored, locked, unloaded, and
                                inaccessible to children.
                               v. Pets are vaccinated in accordance with
                                state, tribal and/or local law.
                               vi. Swimming pools, hot tubs, and spas
                                must meet the following to ensure they
                                are safe and hazard free (and
                                additionally must meet all state, tribal
                                and/or local safety requirements):
                               1. Swimming pools must have a barrier on
                                all sides.
                               2. Swimming pools must have their methods
                                of access through the barrier equipped
                                with a safety device, such as a bolt
                                lock.
                               3. Swimming pools must be equipped with a
                                life saving device, such as a ring buoy.
                               4. If the swimming pool cannot be emptied
                                after each use, the pool must have a
                                working pump and filtering system.
                               5. Hot tubs and spas must have safety
                                covers that are locked when not in use.
                               vii. Prevent the child's access, as
                                appropriate for his or her age and
                                development, to all medications,
                                poisonous materials, cleaning supplies,
                                other hazardous materials, and alcoholic
                                beverages.
                               The title IV-E agency may include other
                                specific standards as appropriate to
                                their jurisdiction.
Summary--Foster Family Home    Foster Family Home Health and Safety--
 Health and Safety.             These proposed standards apply to the
                                foster family home itself, which
                                includes the grounds and all structures
                                found on the grounds. These proposed
                                standards are written broadly to: (1)
                                Address the large amount of variance in
                                home hazards across jurisdictions; and
                                (2) prevent potential biases against
                                rural or urban families. These standards
                                are divided into two sections: Living
                                space and condition of the home. The
                                NARA standards as well as the state
                                standards reviewed include specific
                                requirements to address jurisdictional
                                and geographical concerns. For example,
                                requirements around water hazards such
                                as swimming pools may not be a priority
                                in all jurisdictions.
                                  a. Living Space--The proposed living
                                   space standards are flexible in order
                                   to determine that a home includes
                                   basic essentials such as safe
                                   drinking water (which may include
                                   water from a municipal drinking
                                   source, a private well, or other
                                   source), proper kitchen and bath
                                   facilities and such. This ensures
                                   that the home is a suitable and safe
                                   foster family home, and allows
                                   potential foster families to reside
                                   in a variety of types of homes and
                                   locations, such as low-income or
                                   rural areas, may qualify as foster
                                   parents. A key factor is whether the
                                   home, grounds, and all structures on
                                   the grounds of the property are in a
                                   reasonable state of repair within
                                   community standards taking into
                                   account neighborhood norms while
                                   being mindful of any potential health
                                   and safety risks.
                                  b. Condition of the Home--The proposed
                                   condition of the home standards,
                                   address the overall condition and
                                   safety of the home to ensure the home
                                   is safe and in a reasonable state of
                                   repair considering the community
                                   where the home is located. Housing
                                   and living arrangements must be safe
                                   and clean, and hazardous conditions
                                   mitigated. The proposed standards
                                   include specific safety requirements
                                   for pools, hot tubs and spas as these
                                   pose a particular preventable danger
                                   to children.

[[Page 37499]]

 
Foster Home Capacity.........  C. Foster Home Capacity: The total number
                                of children in foster care in a family
                                foster home, must not exceed six (6)
                                consistent with section
                                472(c)(1)(A)(ii)(III) of the Act. Per
                                section 472(c)(1)(B) of the Act, the
                                number of foster children cared for in a
                                foster family home may exceed this
                                numerical limitation at the option of
                                the title IV-E agency for any of the
                                following reasons:
                                  a. To allow a parenting youth in
                                   foster care to remain with the child
                                   of the parenting youth.
                               b. To allow siblings to remain together.
                               c. To allow a child with an established
                                meaningful relationship with the family
                                to remain with the family.
                               d. To allow a family with special
                                training or skills to provide care to a
                                child who has a severe disability.
Summary--Foster Home Capacity  Foster Home Capacity--The proposed foster
                                home capacity standards mirror the
                                requirements section
                                472(c)(1)(A)(ii)(III) that the total
                                number of children in a foster family
                                home, must not exceed six (6). Per
                                section 472(c)(1)(B) of the Act, the
                                title IV-E agency may make an exception
                                to this numerical limitation for the
                                following reasons:
                                  <bullet> To allow a parenting youth in
                                   foster care to remain with the child
                                   of the parenting youth.
                               <bullet> To allow siblings to remain
                                together.
                               <bullet> To allow a child with an
                                established meaningful relationship with
                                the family to remain with the family.
                               <bullet> To allow a family with special
                                training or skills to provide care to a
                                child who has a severe disability.
Foster Home Sleeping           D. Foster Home Sleeping Arrangements:
 Arrangements.                  Applicants must provide a safe sleeping
                                space including sleeping supplies, such
                                as mattress and linens, for each
                                individual child, as appropriate for the
                                child's needs and age and similar to
                                other household members. Foster parents
                                must not co-sleep or bed-share with
                                infants.
Summary--Foster Home Sleeping  The proposed sleeping arrangement
 Arrangements.                  standard ensures children in foster care
                                sleep in safe and comfortable sleeping
                                spaces with appropriate furnishings to
                                meet their basic needs and ensure
                                privacy. All children in the home must
                                be treated equitably. For example,
                                children in foster care should not sleep
                                in public living spaces if other
                                children have their own bedrooms.
                                Further, sleeping arrangements should be
                                age and developmentally appropriate for
                                the children who are placed in the home.
                                Co-sleeping or bed-sharing, when a
                                parent(s) and infant share a sleeping
                                surface (such as a bed, sofa or chair),
                                is prohibited.
                               We included this prohibition because
                                approximately 3,500 infants (children
                                under 12 months of age) die annually in
                                the United States from sleep-related
                                causes, such as sudden infant death
                                syndrome (SIDS) and accidental
                                suffocation and strangulation in bed.\2\
                                Both bed sharing with infants and
                                sleeping with infants sleeping on
                                couches or armchairs increase the risk
                                of infant death, including sudden infant
                                death syndrome (SIDS), entrapment, and
                                suffocation. Room-sharing, i.e., when an
                                infant shares a room with a parent(s),
                                but sleeps on a separate sleeping
                                surface is not prohibited as it is
                                considered a safe sleep practice that is
                                linked to a reduced risk of SIDS.\3\
Emergency Preparedness, Fire   E. Emergency Preparedness, Fire Safety,
 Safety, and Evacuation Plans.  and Evacuation Plans: The applicant must
                                have emergency preparedness plans and
                                items in place as appropriate for the
                                home's geographic location. The
                                applicants' home must meet the following
                                fire safety and emergency planning
                                requirements:
                                  a. Have at least one smoke detector on
                                   each level of occupancy of the home
                                   and at least one near all sleeping
                                   areas.
                               b. Have at least one carbon monoxide
                                detector on each level of occupancy of
                                the home and at least one near all
                                sleeping areas.
                               c. Have at least one operable fire
                                extinguisher that is readily accessible.
                               d. Be free of obvious fire hazards, such
                                as defective heating equipment or
                                improperly stored flammable materials.
                               e. Have a written emergency evacuation
                                plan to be reviewed with the child and
                                posted in a prominent place in the home.
                               f. Maintain a comprehensive list of
                                emergency telephone numbers, including
                                poison control, and post those numbers
                                in a prominent place in the home.
                               g. Maintain first aid supplies.
Summary--Emergency             Emergency Preparedness, Fire Safety, and
 Preparedness, Fire Safety,     Evacuation Plans--The proposed standards
 and Evacuation Plans.          help protect children and household
                                members from harm in the event of an
                                emergency, a fire, or a need to
                                evacuate. The proposed standards are
                                written broadly allowing them to be
                                tailored to unique emergencies, such as
                                natural disasters, that may occur in
                                specific jurisdictions. Safety
                                procedures and emergency plans, and the
                                communication thereof, increase the
                                probability of safety and injury
                                prevention for household members.
                                Emergency readiness information provided
                                by the Department of Homeland Security
                                is available at http://www.ready.gov.
Transportation...............  F. Transportation: Applicants must ensure
                                that the family has reliable, legal and
                                safe transportation with safety
                                restraints, as appropriate for the
                                child. Reliable transportation would
                                include a properly maintained vehicle or
                                access to reliable public
                                transportation, if one is owned; legal
                                transportation would include having a
                                valid driving license, insurance and
                                registration as appropriate and safe
                                transportation would include safety
                                restraints and only adults in the home
                                having a driving record in good standing
                                transport the child.

[[Page 37500]]

 
Summary--Transportation        The proposed transportation standards
 Standards.                     focus broadly on the applicant having a
                                reliable, legal, and safe mode of
                                transportation for a child in foster
                                care to attend appointments, visitation,
                                and meetings. We also propose that only
                                adults in the home be permitted to
                                transport children in foster care and
                                only those having a driving record in
                                good standing. We specifically avoid
                                proposing standards that could impact a
                                foster parent based on geographic
                                location and income. For example, some
                                states require foster parents to have
                                their own vehicle. However, applicants
                                in states with a high urban population
                                may not have access to or need a
                                vehicle. Rather, they rely upon public
                                transportation.
Training.....................  G. Training: a. Applicants must complete
                                pre-licensing training on the following
                                topics: legal rights, roles,
                                responsibilities and expectations of
                                foster parents; agency structure,
                                purpose, policies, and services; laws
                                and regulations; the impact of childhood
                                trauma; managing child behaviors; first
                                aid (including cardiopulmonary
                                resuscitation (CPR) for the ages of the
                                children in placement) and medication
                                administration; and the importance of
                                maintaining meaningful connections
                                between the child and parents, including
                                regular visitation. Foster parents must
                                participate in ongoing training to
                                receive instruction to support their
                                parental roles and ensure the parent is
                                up to date with agency requirements.
                                Further, this training may also include
                                child-specific training and/or may
                                address issues relevant to the general
                                population of children in foster care.
Summary--Training............  The proposed training standards include
                                both pre-licensing and ongoing training
                                and include mandatory training topics.
                                The purpose of the pre-licensing
                                training standards is to provide
                                information to applicants so they can
                                make an informed decision about their
                                commitment to foster a child. In
                                addition, the pre-service training is to
                                prepare the applicant to be licensed as
                                a foster parent. This includes training
                                on the reasonable and prudent parent
                                standard per section 471(a)(24) of the
                                Act. The ongoing training is to ensure
                                the parent receives ongoing instruction
                                to support their parental roles and
                                remain up to date on policies,
                                requirements, and services. Therefore,
                                there are no mandatory topics, as these
                                depend on agency priorities and specific
                                individual needs.
Foster Parent Assurances.....  H. Foster Parent Assurances: Applicants
                                must agree to comply with their roles
                                and responsibilities as discussed with
                                the title IV-E agency once a child is
                                placed in their care. The title IV-E
                                agency must require assurances
                                including:
                                  a. Applicants will not use corporal or
                                   degrading punishment
                               b. Applicants will not use any illegal
                                substances, abuse alcohol by consuming
                                it in excess amounts, or abuse legal
                                prescription and/or nonprescription
                                drugs by consuming them in excess
                                amounts or using them contrary to as
                                indicated.
                               b. Applicants and their guests will not
                                smoke in the family foster home, in any
                                vehicle used to transport the child, or
                                in the presence of the child in foster
                                care.
                               c. Applicants will adhere to the title IV-
                                E agency's reasonable and prudent parent
                                standard per section 472(c)(1)(A)(ii)(I)
                                of the Act.
Summary--Foster Parent         There are four proposed foster parent
 Assurances.                    assurances are broadly written to apply
                                across title IV-E jurisdictions which
                                cover corporal punishment, alcohol and
                                drug use, the reasonable and prudent
                                parent standard and smoking. Assurances
                                help potential foster family to have a
                                clear understanding of expectations
                                prior to approval as a foster home,
                                cover behaviors which cannot be verified
                                as part of the home study and typically
                                are expectations after a home is
                                licensed. Title IV-E agencies may wish
                                to develop additional assurances as
                                appropriate to their jurisdiction.
------------------------------------------------------------------------


    Dated: July 24, 2018.
Steven Wagner,
Acting Assistant Secretary for Children and Families.
---------------------------------------------------------------------------

    \2\ Task Force on Sudden Infant Death Syndrome. ``SIDS and Other 
Sleep-Related Infant Deaths: Updated 2016 Recommendations for a Safe 
Infant Sleeping Environment.'' Pediatrics, 138, no. 5 (2016): 1, 
http://pediatrics.aappublications.org/content/138/5/e20162938.
    \3\ Ibid., 2-4.
---------------------------------------------------------------------------

[FR Doc. 2018-16380 Filed 7-31-18; 8:45 am]
 BILLING CODE 4148-25-P


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