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CHILD AND FAMILY SERVICES AGENCY
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Interim Director of the Child and Family Services Agency (CFSA), pursuant to section 2(o) of the Child and Family Services Agency Establishment Amendment Act of 2000, effective April 4, 2001 (D.C. Law 13-277, D.C. Official Code § 4-1303.03(a-1)(12) (2008 Repl.)), hereby gives notice of the adoption on an emergency basis of the following amendments to chapter 60 (Foster Homes) of Title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
The emergency action is based upon an immediate need in the District of Columbia to care for and protect the safety and welfare of children. The emergency rules were adopted and became effective on March 31, 2011. They will remain in effect for one hundred twenty (120) days after the date of adoption.
The Interim Director also gives notice of his intent to take final rulemaking action to adopt these rules in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
Chapter 60, FOSTER HOMES, of title 29, PUBLIC WELFARE, of the DCMR is amended as follows:
Section 6000, SCOPE, is amended as follows:
Subsection 6000.5 is amended to read as follows:
6000.5 The Director of Child and Family Services Agency, upon written application and for good cause, may waive any provision of this chapter for licensing of kin that does not adversely affect child safety.
Section 6001, FOSTER PARENT REQUIREMENTS, is amended as follows:
Subsection 6001.1(i) is amended to read as follows:
(i) The ability to give a foster child the needed care and attention;
New Subsections 6001.8 and 6001.9 are added to read as follows:
6001.8 A foster parent shall possess current American Red Cross Standard First Aid and infant, adult, and child Cardio-Pulmonary Resuscitation (CPR) certifications before being licensed to care for a foster child.
6001.9 The CPR and American Red Cross Standard First Aid certification training shall be approved by the American Red Cross or the District of Columbia Department of Health.
Section 6003, AGENCY RESPONSIBILITY TO FOSTER PARENT, is amended as follows:
Subsection 6003.2 is amended to read as follows:
6003.2 CFSA or the contracting agency shall maintain regular contact with the foster parent and the foster child. For a foster child placed in a foster home:
(a) During the first four (4) weeks after a foster child is placed in the foster home, CFSA or the contracting agency shall visit the foster child in the foster home as frequently as is necessary to assure the foster child's adjustment to the placement but no less frequently than once a week;
(b) After the fourth week, CFSA or the contracting agency shall visit the foster child as frequently as is necessary but no less frequently than twice a month. At least one (1) of the monthly visits by CFSA or the contracting agency shall take place in the child's foster home. The other monthly visit may be at the child's school, day care or elsewhere;
(c) Every visit shall include a private visit with the foster child outside the presence of the foster parent except in those cases where the foster child is less than eighteen (18) months of age; and
(d) The contacts shall be more frequent when, in CFSA’s or the contracting agency’s professional judgment, it is appropriate.
Section 6026, FOSTER PARENT TRAINING, is amended as follows:
Subsection 6026.5 is amended to read as follows:
6026.5 A foster parent shall participate in thirty (30) hours of in-service training to increase her or his skills and parenting abilities before the expiration of his or her license. This training shall be appropriate to the age and special needs of the foster children in the foster home, and may include formal seminars or workshops, support groups, or one- on-one training.
Section 6027, TEMPORARY LICENSE FOR KIN, is amended as follows:
Remove “and” after the semicolon in § 6027.1(d)(3).
Add “; and” after “Chapter” in § 6027.1(e).
Add a new paragraph (f) to read as follows:
(f) A lead-based paint certificate has been obtained indicating no risk from lead-based paint for a home built before March 1, 1978, in which a foster child under six (6) years of age may be placed.
Subsection 6027.4(b) is amended to read as follows:
(b) Expires in one hundred fifty (150) days from the date of the temporary license, unless renewed.
Section 6028, LICENSING PROCESS, is amended as follows:
Subsection 6028.1(b) is amended to read as follows:
(b) The agency’s provision of in-depth information about foster care in accordance with § 6028.2;
Subsection 6028.1(h) is amended to read as follows:
(h) A home study in accordance with § 6028.3;
Subsection 6028.2(q) is amended to read as follows:
(q) The requirement that a foster parent attend thirty (30) hours of pre- service training in accordance with § 6026.2 and at least thirty (30) hours of subsequent in-service training before the expiration of his or her license in accordance with § 6026.5.
Subsection 6028.4(a) is amended to read as follows:
(a) The agency shall notify the applicant in writing, and within one hundred fifty (150) days of the prospective foster parent beginning training, of its decision whether to recommend that the applicant be approved as a foster parent.
Subsection 6028.5 is amended to read as follows:
6028.5 If CFSA is the agency, it shall notify the applicant in writing and within one hundred fifty (150) days of the prospective foster parent beginning training, of its decision to issue or deny the application.
Subsection 6028.7 is amended follows:
6028.7 A license shall renew for two (2) years from the date of the license, unless sooner revoked, suspended or renewed, if there is:
Section 6030, Annual Re-evaluation and License Renewal, is amended as follows:
Subsection 6030.3 is amended to read as follows:
6030.3 The documentation required for the re-evaluation and renewal shall be provided by the foster parent to the agency at least 120 days before the expiration of the current license and shall include:
A new section, 6033, is added to read as follows:
6033 BACK-UP CAREGIVER
6033.1 The foster parent shall identify a back-up caregiver to provide short-term
overnight care for the child in the event of an emergency requiring the foster parent to be away from the foster home.
6033.2 Unless the back-up caregiver is licensed to provide care to a foster child
under this chapter of the DCMR, the back-up caregiver shall:
(a) Be twenty-one (21) years of age or older;
(b) Have knowledge of, interest in, and regard for the principles of
good child care and understanding of the back-up caregiver’s
responsibility in providing care for a foster child; and
(c) Have the suitability, stamina, and physical and mental health to
meet the demands of serving as the back-up caregiver for a foster
child.
6033.3 The back-up caregiver and all adults residing in the back-up caregiver’s home shall obtain a child protection register check.
6033.4 If a child protection register check reveals that a back-up caregiver or an adult residing in the back-up caregiver’s home is identified as the abuser or neglector in a substantiated child abuse or neglect case, CFSA shall review the results and determine whether the back-up caregiver is able to provide for the health, safety, and welfare of the child.
6033.5 The back-up caregiver and all adults residing in the individual’s home shall obtain a criminal record check that is performed by the Federal Bureau of Investigation and by:
(a) The Metropolitan Police Department, if the individual as an adult has resided, worked, or attended school in the District at any time in the past five (5) years; and
(b) By state’s law enforcement agency, if the individual as an adult has resided, worked, or attended school outside of the District at any time in the past five (5) years.
6033.6 If a criminal record check reveals that an individual has a felony criminal conviction, CFSA shall review the results and determine whether the back-up caregiver is able to provide for the health, safety, and welfare of the child.
All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing within thirty (30) days after the date of publication of this notice in the D.C. Register. Comments should be filed with Lionel Sims, General Counsel, Child and Family Services Agency, 400 6th Street, S.W., Washington, D.C. 20024 or online at dcregs.dc.gov. Copies of these proposed rules may be obtained without charge at the address above or online at dcregs.dc.gov.
