Title of Regulation: 22VAC40-211. Resource, Foster and Adoptive Family Home Approval Standards (amending 22VAC40-211-10, 22VAC40-211-40, 22VAC40-211-60, 22VAC40-211-80; adding 22VAC40-211-120).

Statutory Authority: §§ 63.2-217 and 63.2-319 Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: December 28, 2018.

Agency Contact: Keisha Williams, Program Consultant, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7550, FAX (804) 819-7173, or email k.williams@dss.virginia.gov.

Basis: The legal authority for this regulatory action can be found in §§ 63.2-217 and 63.2-901.1 of the Code of Virginia. These sections provide general authority to the State Board of Social Services for developing regulations for foster and adoptive home approval standards.

Additionally, this regulatory action is necessary to comply with Chapter 194 of the 2016 Acts of Assembly, which requires children 18 years old or older in foster care to have background checks for the purpose of determining the placement of other children in the same home; Chapter 193 of the 2017 Acts of Assembly, which requires the use of the mutual family assessment home study template when approving foster and adoptive homes; and Chapter 631 of the 2016 Acts of Assembly, which requires the board to adopt regulations that promote normalcy for children in foster care.

Purpose: The proposed regulatory action clarifies that the results of background checks conducted on Fostering Future program participants will be used for the sole purpose of determining current and future placements in the foster home, which is essential in protecting the health, safety, and welfare of all children.

The regulatory action also requires local departments of social services to use the mutual family assessment (MFA) home study template when approving foster and adoptive homes. By requiring one uniform template, the agency will attain consistency among the numerous localities and ensure that all foster and adoptive homes are held to the same high standard; thereby, protecting the health, safety, and welfare of children in these homes.

Requiring foster and adoptive parents to complete the Normalcy for Youth in Foster Care training is essential to ensure that children placed in foster care will be provided the most normal life experience as possible.

Substance: Substantive proposed changes to the regulation include adding a new subsection clarifying that results of background checks conducted for youth over 18 years old in the Fostering Futures program be used for the sole purpose of determining current and future placements of children in that particular foster home, amending standards for foster and adoptive home approval by requiring the application of the MFA template when approving provider homes, and requiring Normalcy for Youth in Foster Care training for all prospective and current providers.

Issues: This regulatory action proposes amendments, which provide for the safety of children and foster families by requiring youth participating in the Fostering Futures program to submit to background checks for the sole purpose of deciding current and future placements in the foster home. Additionally, this regulatory action promotes consistency amongst different localities when approving foster and adoptive homes by the use of a standard home study template. Normalcy training requirements will improve the skills and knowledge of approved providers and will ensure that youth in foster care have the same opportunities as children who are not in foster care. The regulatory action poses no disadvantages to the public or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation The State Board of Social Services (Board) proposes to incorporate into the regulation three recent legislative changes: Chapter 631 of the 2016 Acts of Assembly and Chapters 193 and 194 of the 2017 Acts of Assembly.

Result of Analysis The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. This regulation addresses standards for foster and adoptive homes approved by Local Departments of Social Services (LDSS). The proposed action incorporates three recent legislative changes as they apply to such homes.

Chapter 631 of the 2016 Acts of Assembly¹ mandated normalcy training as a part of the pre-service training for prospective foster and adoptive providers. The purpose of the normalcy training is to encourage age and developmentally appropriate childhood activities, such as extracurricular activities, social activities in and out of school, and employment opportunities by educating foster and adoptive parents. The Virginia Department of Social Services (VDSS) has already developed online training, which is available to prospective parents free of charge. The training takes about one hour to complete. There are approximately 1,900 already approved adoptive and foster parents who will be required to complete this training. In a given year, there are about 700-800 new applicants wishing to be an adoptive or foster parent who will be required to complete this training. The normalcy training will likely improve the skills and knowledge of existing and new providers and will make it more likely that youth in foster care have similar opportunities as children who are not in foster care.

Additionally, Chapter 193 of the 2017 Acts of Assembly² mandated LDSS to use the Mutual Family Assessment home study template developed by VDSS when approving foster and adoptive homes. Prior to this legislative mandate, LDSS used mostly similar but unidentical assessments to make approval decisions. The proposed change conforms to the legislative mandate and requires all LDSS to use the same template. VDSS already developed the template without any significant costs and it is currently being used. As mentioned above, there are about 700-800 new applicants wishing to be an adoptive or foster parent in a given year. This change will likely improve consistency among numerous localities without imposing any significant costs.

Lastly, Chapter 194 of the 2017 Acts of Assembly³ established that background checks conducted for youth over 18 years old in the Fostering Futures program be used for the sole purpose of determining whether other children should be placed or remain in the same foster home and not as a basis for terminating or suspending the approval of the foster home. Generally, foster care ends when the youth reaches the age of 18, the legal age of adulthood. Fostering Futures however is Virginia's program that extends foster care maintenance and services (and adoption assistance) to age 21. When a youth in the program turns 18, a background check must be conducted under the current law. There are approximately 500 individuals who turn 18 in foster or adoptive care annually. In some of these cases, such a background check may reveal a past criminal record. The legislation clarifies that background of a youth turning 18 (e.g., discovery of a criminal record) should not be used as a basis to terminate or suspend the approval of the foster home. According to VDSS, discovery of a criminal record of a youth may be useful consideration for arrangements for other children, but should not have a bearing on the safety of the foster home. This is a clarifying change and is not expected to create any significant economic effect other than improving the clarity of the regulatory language.

Businesses and Entities Affected. Currently, there are approximately 1,900 approved individual foster and adoptive parents. Approximately 700-800 new applications to become a foster or adoptive parent are received in a typical year. Lastly, approximately 500 youth in foster or adoptive care turn 18 per year.

Localities Particularly Affected. The proposed amendments do not affect any particular locality more than others.

Projected Impact on Employment. The proposed amendments should not have any significant effect on employment.

Effects on the Use and Value of Private Property. The proposed amendments should not have any significant effect on the use and value of private property.

Real Estate Development Costs. No impact on real estate development costs is expected.

Small Businesses:

Definition: Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects: The proposed amendments do not affect small businesses.

Alternative Method that Minimizes Adverse Impact. The proposed amendment does not have adverse effects on small businesses.

Adverse Impacts:

Businesses: The proposed amendments do not have adverse impacts on businesses.

Localities: The proposed amendments will not adversely affect localities.

Other Entities: The proposed amendments will not adversely affect other entities.

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¹http://lis.virginia.gov/cgi-bin/legp604.exe?161+ful+CHAP0631

²http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0193

³http://lis.virginia.gov/cgi-bin/legp604.exe?171+ful+CHAP0194

Agency's Response to Economic Impact Analysis: The Department of Social Services reviewed the economic impact analysis prepared by the Department of Planning and Budget and concurs.

Summary:

The proposed amendments (i) clarify that background checks conducted for youth age 18 years and older in the Fostering Futures program are used for the sole purpose of determining whether other children should be placed or remain in the same foster home as the Fostering Futures program participant and are not to be used as a basis for terminating or suspending the approval of the foster home (Chapter 194 of the 2017 Acts of Assembly); (ii) require local departments of social services to use the mutual family assessment home study template for foster home assessment (Chapter 193 of the 2017 Acts of Assembly); and (iii) update training requirements for current and prospective foster and adoptive providers by requiring the Normalcy for Youth in Foster Care training as part of preservice training (Chapter 631 of the 2016 Acts of Assembly).

22VAC40-211-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Adoptive parent" means any provider selected and approved by a parent or a child-placing agency for the placement of a child with the intent of adoption.

"Adult" means any person 18 years of age or over.

"Applicant" means an individual or couple applying to be approved as a resource, foster and/or or adoptive home provider.

"Background checks" means a sworn statement or affirmation, criminal history record information, child abuse and neglect central registry check, and any other requirement as set forth in § 63.2-901.1 of the Code of Virginia.

"Caretaker" means any individual having the responsibility of providing care for a child and includes the following: (i) parent or other person legally responsible for the child's care; (ii) any other person who has assumed caretaking responsibility by virtue of an agreement with the legally responsible person; (iii) person responsible by virtue of their position of conferred authority; or (iv) adult person residing in the home with the child.

"Central registry" means a subset of the child abuse and neglect information system and is the name index with identifying information on an individual named as an abuser and/or or neglector in founded child abuse and/or or neglect complaints or reports not currently under administrative appeal, maintained by the department.

"Child" means any natural person under 18 years of age.

"Child-placing agency" means any person who places children in foster homes, adoptive homes or independent living arrangements pursuant to § 63.2-1819 of the Code of Virginia or a local board that places children in foster homes or adoptive homes pursuant to § 63.2-900, 63.2-903 or 63.2-1221 of the Code of Virginia. Officers, employees, or agents of the Commonwealth, or any locality acting within the scope of their authority as such, who serve as or maintain a child-placing agency, shall not be required to be licensed.

"Child abuse and neglect information system" means the computer system that collects and maintains information regarding incidents of child abuse and neglect involving parents or other caretakers. The computer system is composed of three parts: the statistical information system with nonidentifying information, the central registry of founded complaints not on appeal, and a database that can be accessed only by the department and local departments that contains all nonpurged child protective services reports. This system is the official state automated system.

"Commissioner" means the commissioner of the department, his designee or authorized representative.

"Corporal punishment" means punishment administered through the intentional infliction of pain or discomfort to the body through actions such as, but not limited to, (i) striking, or hitting with any part of the body or with an implement; (ii) pinching, pulling, or shaking; or (iii) any similar action that normally inflicts pain or discomfort.

"Department" means the State Department of Social Services.

"Dual approval process" means a process that includes a home study, mutual selection, interviews, training and background checks to be completed on all applicants to be considered for approval as a resource, foster, or adoptive family home provider.

"Foster parent" means an approved provider who gives 24-hour substitute family care, room and board, and services for children or youth committed or entrusted to a child-placing agency.

"Fully approved" means a decision by the local department that the provider has met all requirements to be approved as a resource, foster, adoptive, or respite home provider.

"In-service training" means the ongoing instruction received by providers after they complete their preservice training.

"Interstate Compact on the Placement of Children" means a uniform law that has been enacted by all 50 states, the District of Columbia, and the U.S. Virgin Islands that establishes orderly procedures for the interstate placement of children and sets responsibility for those involved in placing those children.

"Local department" means the local department of social services of any county or city in this Commonwealth.

"Normalcy" means allowing children and youth in foster care to experience childhood and adolescence in ways similar to their peers who are not in foster care by empowering foster parents and congregate care staff to use the reasonable and prudent parent standard as referenced in 42 USC § 675(10)(A) when making decisions regarding extracurricular, enrichment, and social activities.

"Parent" means the birth or adoptive parent of a child.

"Preservice training" means the instruction received by providers during the initial approval process.

"Provider" means a resource, foster, adoptive, or respite family.

"Resource parent" means an approved provider who is committed both to support reunification and also to be prepared to adopt the child if the child and family do not reunify.

"Respite care" means the provision of temporary care for children on an emergency or planned basis for the purposes of providing placement stability, supporting the achievement of timely permanency, and promoting connections to relatives.

"Respite parent" means an approved provider who gives temporary care to children on an emergency or planned basis.

22VAC40-211-40. Home study requirements.

A. An applicant to become a provider shall complete and submit an application in accordance with department requirements and on department-approved forms or other forms that address all of the department's requirements.

B. Upon submission of a completed provider application, the local department is responsible for ensuring the initiation of the approval process. If at any point in the approval process the local department determines the home may not be approved, the application may be denied and the process ended.

C. Local departments shall conduct a minimum of three face-to-face interviews with each applicant, at least one shall be in the applicant's home. If there are two individuals listed as applicants, at least one interview must be with both individuals. At least one interview shall be with all individuals who reside in the home.

D. The local department shall obtain at least three references from persons who have knowledge of each applicant's character and applicable experience with children and caretaking of others. At least one reference per person shall be from a nonrelative.

E. Local departments shall ask if a prospective resource, foster, adoptive, or respite provider previously applied to, or was approved by, another local department or licensed child-placing agency. The local department shall have the applicant sign a request to release information from the other agency in order to obtain information about previous applications and performance and shall use that information in considering approval of the applicant.

F. As part of the approval process, the local department shall conduct a home study. The home study shall be completed on the approved mutual family assessment template and address all elements required by this standard and be documented by a combination of narrative and other data collection formats, and shall be signed and dated by the individual completing the home study and the director of the local department or his designee. The information contained in the home study shall include:

1. Demographic information including:

a. Age of applicant;

b. Marital status and history; and

c. Family composition and history.

2. Financial information (not required for applicants to be respite providers) including:

a. Employment information on applicant;

b. Assets and resources of applicant; and

c. Debts and obligations of applicant.

3. List of individuals involved in completing the home study process and their roles.

4. Narrative documentation shall include information from the interviews, references, observations and other available information, and shall be used to assess and document that the applicant:

a. Is knowledgeable about the necessary care for children and physically and mentally capable of providing the necessary care for children;

b. Is able to articulate a reasonable process for managing emergencies and ensuring the adequate care, safety, and protection of children;

c. Expresses attitudes that demonstrate the capacity to love and nurture a child born to someone else;

d. Expresses appropriate motivation to foster or adopt;

e. Shows stability in all household relationships;

f. Has the financial resources to provide for current and ongoing household needs; and

g. Has complied with 22VAC40-211-70.

22VAC40-211-60. Training.

A. The local department shall ensure that preservice training is provided for resource, foster and adoptive family home providers. This training shall address but not be limited to the following core competencies:

1. Factors that contribute to neglect, emotional maltreatment, physical abuse, and sexual abuse, and the effects thereof;

2. Conditions and experiences that may cause developmental delays and affect attachment;

3. Stages of normal human growth and development;

4. Concept of permanence for children and selection of the permanency goal;

5. Reunification as the primary child welfare goal, the process and experience of reunification;

6. Importance of visits and other contacts in strengthening relationships between the child and his birth family, including his siblings;

7. Legal and social processes and implications of adoption;

8. Support of older youth's transition to independent living;

9. The professional team's role in supporting the transition to permanency and preventing unplanned placement disruptions;

10. Relationship between child welfare laws, the local department's mandates, and how the local department carries out its mandates;

11. Purpose of service planning;

12. Impact of multiple placements on a child's development;

13. Types of and response to loss, and the factors that influence the experience of separation, loss, and placement;

14. Cultural, spiritual, social, and economic similarities and differences between a child's primary family and foster or adoptive family;

15. Preparing a child for family visits and helping him manage his feelings in response to family contacts;

16. Developmentally appropriate, effective and nonphysical disciplinary techniques;

17. Promoting a child's sense of identity, history, culture, and values;

18. Respecting a child's connection to his birth family, previous foster families and/or or adoptive families;

19. Being nonjudgmental in caring for the child, working with his family, and collaborating with other members of the team;

20. Roles, rights, and responsibilities of foster parents and adoptive parents; and

21. Maintaining a home and community environment that promotes safety and well-being; and

22. Normalcy for youth in foster care.

B. Local departments shall ensure that each provider receives annual in-service training.

1. Training shall be relevant to the needs of children and families and may be structured to include multiple types of training modalities (for example, online foster parent training courses; seminars and conferences).

2. The department shall provide opportunities for training on an annual basis.

C. The provider is required to complete preservice and annual in-service trainings.

D. Local departments shall explain confidentiality requirements to providers and require providers to keep confidential all information regarding the child, his family and the circumstances that resulted in the child coming into care.

22VAC40-211-80. Standards of care for continued approval.

A. The provider shall provide care that does not discriminate on the basis of race, color, sex, national origin, age, religion, political beliefs, sexual orientation, disability, or family status.

B. The provider shall ensure the child receives meals and snacks appropriate to his daily nutritional needs. The child shall receive a special diet if prescribed by a licensed health care provider or designee or in accordance with religious or ethnic requirements or other special needs.

C. The provider shall ensure that he can be responsive to the special mental health or medical needs of the child.

D. The provider shall establish rules that encourage desired behavior and discourage undesired behavior. The provider shall not use corporal punishment or give permission to others to do so and shall sign an agreement to this effect.

E. The provider shall provide clean and seasonal clothing appropriate for the age and size of the child.

F. If a provider transports the child, the provider shall have a valid driver's license and automobile liability insurance. These will be checked at approval and reapproval but verification may be required at any time deemed necessary.

G. The vehicle used to transport the child shall have a valid registration and inspection sticker.

H. Providers and any other adults who transport children shall use functioning child restraint devices in accordance with requirements of Virginia law.

I. Results of background checks for Fostering Futures program participants shall be used for the sole purpose of determining whether other children should be placed or remain in the same foster home as the participant.

22VAC40-211-120. Normalcy for children in foster care.

Local departments will support the foster parent in exercising the reasonable and prudent parent standard in decisions regarding the child's participation in age-appropriate activities, in accordance with subsection D of § 63.2-904 of the Code of Virginia and with this chapter.

FORMS (22VAC40-211)

Resource Family Assessment Template, 032-04-0060-01-eng (eff. 10/2010)