Vol. 6, No. 2• May 2002
Licensing changes improve service delivery to children
by Amy Ramirez
North Carolina has begun a series of changes to the rules for licensing family foster homes in an effort to enhance the placement of children, update the language of licensing requirements, and make the requirements consistent with current child welfare practice. Examples of these changes include the following:
- Licenses will be effective for two years instead of one.
- TB (tuberculosis) skin tests will be required of parents only, not their children. After July 18, 2002, TB skin tests will only be required at the time of initial licensure, unless a parent tests positive for TB at that time.
- Length of marriage requirement and upper age of foster parents requirement have been removed.
- Specific regulations for foster parents who want to provide therapeutic care have been added. These regulations address training and supervision.
For a comprehensive listing of rule changes, see the box below.
Why the changes?
Although they are seldom fun to read, licensing rules help us guarantee foster children are cared for in safe, nurturing family settings. North Carolina is making the changes described above and in the box below to ensure its licensing rules promote the safety, permanence, and well-being of foster children.
When the changes take effect
The dates for the implementation of these new rules vary. Some are already in effect, while others will take place this summer. All rule changes will be in effect by July 18, 2002. These rules are currently online. Go to <http://www.oah.state.nc.us/>. Click on “rules division,” then on “administrative rules online.” See title 10, Chapter 41, Subchapter F.
Hang in there!
Absorbing information of this type can be difficult, but don’t worry! Remembering and applying these new rule changes is your agency’s licensing social worker’s responsibility, not yours. We are sharing this information with you simply so you can stay informed of changes that will directly or indirectly affect you. For more information about the changes in licensing, contact your agency.
Amy Ramirez is an Editorial Assistant at the Family and Children’s Resource Program at UNC-CH
Source: E. Roane, N.C. Division of Social Services (personal communication, March 19, 2002).
Rule Changes Effective 02/01/02
41F .0601 Changes format of “Family Foster Home” definition and adds definition of “Agency.”
41 F .0602 Updates reference to and other info about the building code and removes age range limitations of children placed in the home.
41F .0701 Reconceptualizes “care of children” into the context of “client rights of children” and adds protections for children that are consistent with client rights rules found in 41 S (residential child care facilities).
41 F .0702 Removes length of marriage requirement, upper age of foster parents requirement, and prohibition of agency employees, Social Services Board members, and County Commissioners serving as foster parents.
41 F .0704 Clarifies and updates building code requirements and references. Adds requirement for smoke detector to be placed outside each bedroom within 10 feet of the bedroom door; adds requirement for home’s heating, air-cooling, or ventilating capacity to maintain home temperature between 65–85 degrees; adds requirement for toilets, baths, and kitchens without operable windows to have mechanical ventilation to the outside; adds requirement that children have privacy dressing, bathing, and using toilet facilities.
41 F .0707 Changes automatic ineligibility of licensure to potential ineligibility of licensure based on the criminal record check.
41F .0807 Changes automatic revocation of a license to possible revocation of a license based on the criminal record check.
41 N .0101 Adds requirement for staff in child-placing agencies that intend to provide mental health treatment services to comply with mental health rules regarding competencies, supervision, and training of staff and assessment of clients, and to have a treatment plan for each client and to maintain client records.
41 N .0203 Adds requirement for child-placing agency boards to maintain board minutes permanently.
41 N .0212, .0213, .0214, .0215, and .0216 Adds requirements for child-placing agencies to have policies addressing confidentiality, client rights, grievance procedures and searches that are consistent with rules found in 41S (residential child care facilities) and adds requirements for agencies to have policies addressing medication administration (SL 2001-424).
Rule Changes Effective 07/18/02
41F .0401, .0402, .0404, .0406, .0502, .0702, .0705, .0801, and .0814 Brings rules up to date with current practice.
41F .0405, .0407, .0501, .0802, .0803, .0806, and .0809 References change of license to 2 years (deletes 90-day grace period).
41F .0504, .0805, .0808, .0811, .0813 and 41N .0102, .0209, and .0211 Clarification of language.
41 F .0401, .0404, .0601 Adds definitions of “Agency” and “therapeutic foster home.”
41 F .0601 Adds definitions of “Agency” and “therapeutic foster home.”
41 F .0602 Updates reference to and other info about the building code and removes age range limitations of children placed in the home and adds limit of three children with therapeutic needs who may be placed.
41F .0701 Reconceptualizes “care of children” into the context of “client rights of children,” adds protections for children that are consistent with client rights rules found in 41S (residential child care facilities) and adds regs for medication administration and physical restraints (41S).
41F .0702 Removes length of marriage requirement, upper age of foster parents requirement, and prohibition of agency employees, Social Services Board members, County Commissioners serving as foster parents and adds regs for foster parents who will be providing therapeutic care.
41F .0704 Clarifies and updates building code requirements and references. Adds requirement for a smoke detector to be placed outside each bedroom within 10 feet of the bedroom door; adds requirement for home’s heating, air cooling, or ventilating capacity to maintain home temperature between 65-85 degrees; adds requirement for toilets, baths, and kitchens without operable windows, in homes licensed for the first time after the requirement that children have privacy dressing, bathing, and using toilet facilities (DFS recommendations); and removes some and clarifies other bedroom sleeping arrangement requirements. Hopefully will remove water and well inspection requirements (SL 2001-109) in final form.
41F .0707 Changes automatic ineligibility of licensure to potential ineligibility of licensure based on the criminal record check.
41F .0807 Changes automatic revocation of a license to possible revocation of a license based on substantiations of abuse or neglect.
41F .0814 Adds training regs for therapeutic parents.
Child Placing Agency Rules (41N & 0)
41N .0101 Adds requirement for staff in child-placing agencies that intend to provide mental health treatment services to comply with mental health rules regarding competencies, supervision, and training staff. (Refer to 14V .0203 and .0204 handout of these rules.)41N .0102 Changes license period to 2 years
41N .0203 Adds requirement for boards to maintain board minutes permanently
41N .0209, .0212, .0213, .0214, .0215, .0216, and .0217 Adds requirements for agencies to have policies addressing reporting abuse and neglect and death of a child, confidentiality, client rights, grievance procedures, and searches that are consistent with rules found in 41S (residential chid care facilities). Adds requirements for agencies to have policies addressing medication administration and home schooling.
41N .0211 Clarification of language
41O .0101, .0102, .0206, .0207, .0208, and .0209 Adds requirements for staff in child-placing agencies who provide behavioral mental health treatment services who will be providing therapeutic care to children with treatment needs (.0101 and .0102 Scope; .0206 Treatment Plan regs; .0207 Client Records regs; .0208 Med. Administration regs; .0209 Behavior Management and Discipline Regs).
Copyright � 2002 Jordan Institute for Families
