Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-9 - LICENSING REQUIREMENTS FOR FAMILY FOSTER HOMES FOR CHILDREN

Current through 2024-29, July 17, 2024
A.
QUALIFICATIONS OF THE FOSTER PARENTS
1 Foster parents must be at least 21 years of
				age.
2 The members of the foster
				family having responsibility for caring for the foster children shall be
				emotionally stable, mature and law abiding individuals, able to exercise good
				judgment in meeting the needs of a child and shall not engage in practices
				detrimental to the welfare of children.
3 Members of the household responsible for
				foster children will have successfully resolved any serious
				conflicts/experiences in their past, including but not limited to, substance
				abuse, family violence, sexual abuse, relationship difficulties and other
				personal issues which could negatively impact a child. Members of the household
				or persons frequenting the foster home or the foster home property shall not
				engage in practices detrimental to the welfare of children.
4 The relationships within the foster family
				should be generally positive and adequately meet the social, emotional, and
				developmental needs of each family member through a combination of family and
				community relationships and activities and acceptance of diversity.
5 Members of the household responsible for
				foster children will have the capacity to understand and meet the developmental
				and individual needs of children and the flexibility to treat a child in a
				manner consistent with those needs, as determined by the Department.
6 The applicant or licensee shall bring to
				the attention of the Department licensing worker within 3 business days the
				following information regarding themselves or persons residing in or
				frequenting the foster home or the foster home property:
a. Arrests, indictments, and/or convictions
				for sexual or violent crimes involving adults or activities which could have
				resulted in convictions for such crimes if prosecuted;
b. Arrests, indictments, and/or convictions
				involving children or activities which could have resulted in convictions for
				such crimes if prosecuted;
c.
				Arrests, indictments, and/or convictions for operating under the influence or
				for any other activity which involves substance abuse;
d. Admission to a mental health or substance
				abuse treatment facility and involvement in mental health or substance abuse
				counseling;
e. Any serious physical
				problems that have required admission to a hospital or other in-patient
				facility;
f. Whether or not Child
				Protective Services or the Out-of-Home Abuse and Neglect Investigations Unit
				has ever investigated the family situation for allegations of child abuse or
				neglect either when the person was a child or since he or she has become an
				adult;
g. Any suspensions,
				revocations, conditions, fines or denials of or against any license or
				certificate that is or has been held by the applicant.
h. Whether or not there was any investigation
				while licensed, registered, certified, or approved to provide child/adult
				care;
i. The removal of children
				from their care or custody;
j. Any
				denial of approval to adopt;
k. Any
				other information regarding their circumstances or treatment of children which
				is relevant to the Department's decision to issue a license.
If such information as described above exists, the family
				  foster home applicant or licensee shall furnish the Department with written
				  releases permitting the Department to obtain any other information regarding
				  the above from appropriate officials or persons to determine whether there is a
				  threat to the health, safety and welfare of children.
In deciding what action to take regarding a license under the
				  foregoing circumstances, the Department shall determine if sufficient evidence
				  has been presented by the applicant or licensee to indicate that the problems
				  which resulted in any of the above have been adequately resolved so that the
				  applicant or licensee is in compliance with 9 (A) (3) of these rules and with
				  any other applicable rules.
7 The Department shall not grant a license to
				person(s) convicted of a felony involving: child abuse or neglect, spousal
				abuse, a crime against a child or children (including child pornography) or a
				crime involving violence, including rape, sexual assault or homicide.
8 The Department shall not grant a license to
				a person(s) convicted within the last five years of a felony involving:
				physical assault, battery or a drug related offense.
9 An application may be denied if the
				applicant(s) have an open Child Protective Services Case or a closed
				substantiated and/or indicated Child Protective Services case. An open Child
				Protective Services Case includes a pending disposition of an open report, a
				case open for assessment or a case open for services.
10 The foster family shall support the foster
				child maintaining connections with his/her family members, including the
				child's parent(s), grandparents and siblings, and shall cooperate with
				visitation arrangements in accordance with the case plan developed by the
				Department and/or placing agency. Foster families with Indian child(ren) must
				be able to accept visitation arrangements with the child's parent(s),
				grandparents and siblings. At no time shall a foster parent use restriction of
				visitation privileges as a form of discipline or punishment.
11 Foster parents shall cooperate with and
				participate in any plan developed by the Department or other placing agent for
				the foster child.
12 Foster parents
				shall participate in any counseling and treatment necessary to meet the needs
				of the child and participate in consultation with therapists, physicians,
				social workers and educators as necessary to meet the needs of the child in
				accordance with the case plan developed by the Department and/or placing
				agency.
13 The foster family shall
				not care for adult boarders or roomers, or operate under any other license to
				provide child care. Exceptions to this rule would include, but not be limited
				to, allowing the foster family's former foster child to continue residing in
				the home as an adult or allowing the former foster child to return at a later
				date to live in the home.
Exceptions to this rule must receive prior approval from the
				  Foster Care Licensing Supervisor.
14 Whenever the foster parents are absent
				from the home, they shall designate responsible individuals to
				supervise.
15 Foster parents shall
				treat all children in the home in a fair and equitable manner.
16 The foster family shall have an ongoing,
				predictable income to assure that the home is maintained in conformity with the
				requirements of these regulations.
1 Foster
				parents shall keep information about a foster child's previous history and
				family members confidential and provide such information only to therapists,
				physicians, social workers and educators or others as directed by the
				Department and/or placing agency to meet their responsibilities to the foster
				child.
2 Applicants shall have
				completed an introductory training program for foster parents or its equivalent
				offered or approved by the Department of Health and Human Services prior to
				being licensed. Exceptions to the completion of an introductory training may be
				made when the foster parent(s) are applying for a license with the intent to
				care for a specific child and have an already established relationship with the
				child and where no other foster children will be living. Exceptions to this
				rule must receive prior approval from the Foster Care Licensing
				Supervisor.
3 Foster parents shall
				participate in ongoing training of at least 18 hours for the licensee(s)'
				combined hours of training, with at least 6 of those hours completed by the
				secondary foster parent, if applicable, within the two-year licensing period.
				The training must be related to the needs of the children in foster care and
				approved by the licensing agency. At the time of initial and renewal licensure,
				the Foster Care Licensing Worker will provide the licensee(s) with a list of
				required training and of approved training options. Documentation of required
				training must be provided to the Foster Care Licensing Worker at the time of
				license renewal.