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CHILD AND FAMILY SERVICES AGENCY
NOTICE OF FINAL RULEMAKING
The 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 of the following amendments to chapter 60 (Foster Homes) of title 29 (Public Welfare) of the District of Columbia Municipal Regulations (DCMR).
Emergency and proposed rulemakings were originally published for public comment on April 29, 2011, at 58 DCR 3806 and November 18, 2011, at 58 DCR 9886. Comments were received and reviewed by CFSA. However, no substantive changes were made to the rulemaking published on November 18, 2011.
CFSA adopted the rulemaking as final on January 30, 2012. These final rules will become effective upon 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 or his or her designee, 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, American Heart Association 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 required by CFSA policy, or 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.
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.
The lead in language, preceding the paragraphs, in 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:
The lead in language, preceding the paragraphs, in 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 thirty (30) calendar 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 by the District of Columbia or Maryland, 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 resided, worked, or attended school in the District at any time in the past five (5) years; and
(b) The state’s law enforcement agency, if the individual as an adult 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.
