Foster Parent Handbook :
This document is provided as a resource, and has many sections. These quick links will get you to frequently asked topics, however, this list is not an exhaustive table of contents for this handbook.
Welcome to the SRS Foster Parent Handbook! In the pages that follow, you will gain practical information on a number of issues of interest to foster parents around the state. The Division of Children and Family Policy (CFP) is dedicated to an ongoing process of communication with one of our most precious assets---the families who provide care to the children in our custody. The children in our care benefit tremendously when foster parents, the agencies they work for, and SRS communicate effectively as a team.
Foster parents should find this handbook to be a source of specific, detailed information that will help to avoid the pressures that often arise from being unclear about significant agency policies and expectations. However, this manual will not answer many of the questions you might have, as each foster parent sponsoring agency may have differing policies and procedures. This manual is intended to compliment any manuals your sponsoring agency might have.
As foster parents, you play a vital role in the permanency planning process for children. A permanent home is the ultimate goal for all children in the custody of the Secretary of SRS. Foster care is intended to provide children with a temporary residence until they can return to the home of their parents; be placed with relatives; find permanent, adoptive homes; or enter into adult self sufficiency. One of your roles is to provide daily care, understanding, and support aimed at promoting healthy physical and emotional growth while the child is separated from his or her family. Foster parents posses the qualities that enable them to open their homes to unknown children on a temporary basis and provide a loving and caring atmosphere. It takes a very special person to form an attachment to the child and at the same time be able to let go of him or her when the placement is ended. In addition, many foster parents are able to be supportive of the child’s family, both during and after the child has left their home.
An equally important role is your membership on the child’s case planning team. As a foster parent you possess unique and relevant information on the child’s growth, development, and needs. A case planning conference is held on each child in the custody of the Secretary to support the family and child during the time they are separated. Please see Page 3 for additional information on case planning conferences.
We hope you will find these pages a worthwhile reference guide to foster parenting in the State of Kansas.
THE SRS MISSION STATEMENT
The SRS mission statement is “To Protect Children and Promote Adult Self-Sufficiency.” We seek to accomplish this mission through a process of partnering with community services in cities and towns across Kansas.
PUBLIC/PRIVATE PARTNERSHIP INITIATIVE
In 1995, Kansas took a bold new step to revamp the delivery of services to children and their families by awarding contracts to private child welfare agencies for family preservation, foster care, and adoption services. The services provided by private agencies include assessment, case management to provide or coordinate physical and mental health services, educational services, family supports, and services necessary for reintegration and aftercare or for movement to adoption or alternative permanencies. These services are more comprehensive than those provided by SRS in the past. Decreased caseloads for private child welfare agency staff have resulted in a system which provides better safety for children in foster care and after reintegration, fewer moves for children while in placement, and better rates for reintegration of children back into their homes.
Currently there are five foster care contract agencies delivering services in the five foster care regions of the state. Foster care contractors are Child Placing Agencies licensed by the Kansas Department of Health and Environment (KDHE). Foster parents may affiliate with any of the foster care contractors in order to provide care for children placed in the custody of the Secretary of SRS.
Please See Appendix B for a map of the five foster care regions.
THE FOSTER CARE TEAM
As foster parents, you are considered an integral part of the foster care team providing services to the children in our care. Other members of the team include the child’s biological parents, the Guardian Ad Litem, the juvenile court judge, the SRS social worker, the contractor case manager/social worker, and any professionals in the community, such as therapists, psychologists, medical doctors, teachers, etc. who are involved in the life of the foster child.
Foster parents are to be treated with respect and courtesy as members of this very special team. You should be invited to each case planning conference held regarding the child.
Case Planning for Children in Foster Care
A case planning conference is a special meeting of key persons who are responsible directly or indirectly for problem solving and decision-making in regard to a foster child’s case. The end result of a case planning conference is the development of a child and family’s case plan.
The case plan is a sort of “map” that parents, the child, social workers, case managers, and other treatment professionals will follow with the goal of removing the child from temporary care and into a more permanent setting. The plan lists out the problems that caused the child to be put into foster care in the first place, what actions are necessary to address those problems, what might happen to the child if the case plan is not followed, and a recommendation for a permanent family for the child.
Contractor case managers/social workers have the responsibility for convening the initial case planning conference within 20 calendar days from the foster child coming into care and no more than every 170 days thereafter.
Options for a more permanent placement include reintegration with biological parents, placement with a relative, guardianship with a responsible adult, living independently, and adoption.
The Role of the Foster Parent/Family
Foster parenting is one of the most challenging roles an individual can undertake. You will be providing parenting to children who are not your own. Your foster child will come to you with his/her own personality traits, habits (both good and bad!), family history, attitudes, and fears. Foster children especially need love, safety, and stability. You will be called upon to be more loving, understanding, accepting, and persevering than at practically any other time in your life.
Foster parents should be persons who:
P Care about others and can respond to their needs;
P Love a child unconditionally;
P Enjoy being parents;
P Give love and affection, expecting little in return;
P If married, have a stable and fulfilling marriage
P Respect and honor diversity, and care for children from different cultures;
P Support the child’s biological family and be supportive when the child leaves your care to be reintegrated back home, live independently, be placed into adoptive care, or leave care to live with another family member;
P Adapt to constantly changing conditions in your home.
Foster parents assume many responsibilities in providing for the daily needs of foster children. These responsibilities include:
P Providing a child with a home, meals, and in many cases clothing;
P Transporting him/her to school if transportation is not otherwise available;
P Obtaining emergency medical treatment if needed;
P Keeping scheduled medical/dental/therapy appointments;
P Notifying your case manager/social worker or worker’s supervisor immediately in the event of an emergency;
P Participating with the contractor case manager, SRS worker, and birth parents in case planning for the child;
P Working together with the contractor case manager to schedule visits with the child’s parents and siblings;
P Working together with the contractor case manager to build a “Lifebook” for each foster child;
P Maintaining the Child Information Folder on each foster child in care and assuring it is given back to the contractor case manager when the child leaves care. (Further information is provided in a later section.)
P Providing the child with opportunities for religious development according to family wishes.
P Reporting to the court every six months on forms provided by the contractor.
P When possible, provide support, mentoring, and modeling for biological parents when reintegration is the goal for the foster child.
P Working with the child’s school to facilitate the child’s continued education during the time the child is in out of home placement.
The Role of the SRS Social Worker
SRS maintains standards the contractors must comply with as they provide foster care services to the children in the custody of the Secretary. SRS social workers closely monitor the work of the contractor to ensure that these standards are met. SRS social workers are also active members of the child’s case planning team.
The main responsibilities of the SRS social worker include:
P Attending each case planning conference for the foster child and determining what the eventual outcome is for the case, whether that outcome is reintegration with parents or another relative, living independently, adoption, or permanent guardianship with a responsible adult;
P Tracking the progress of the child and family toward meeting the goals of the case plan;
P Consulting with the contract worker when there appears to be little to no progress being made toward meeting the goals of the case plan.
The Role of the Contractor Case Manager/Social Worker
Your child’s contractor case manager or social worker is the main contact for your foster child. He or she is the one responsible for the everyday tasks involved in the provision of services for the child in your care.
The main responsibilities of the contractor case manager or social worker include:
P Accepting physical custody of the child at the time of referral;
P Choosing a foster home for the child which best suits his/her needs;
P Transporting the child to the initial foster home placement;
P Informing SRS where the child is placed;
P Providing foster parents with a copy of the booklet “Medical Card Benefits for Foster and Adoptive Parents”;
P Providing information to the foster parent about how and when agency reimbursement for the child’s needs will be made.
P Arranging visits with the foster child and his/her family.
P Initiating case planning activities within one week of the child’s referral into foster care. A case planning conference is held on all foster children within 20 calendar days of their placement into foster care and at least every 170 days thereafter as long as the foster child is in the custody of the Secretary of SRS. Foster parents should be invited to every case planning conference for children they provide care for, as their input is necessary and valuable to the case planning process.
P Working with the foster child’s family to address the problems/issues that made it necessary for the child to be removed from the parents’ care. This may include making referrals for therapy, scheduling drug/alcohol assessments, supervising visits with the foster child and his/her family if necessary, and keeping track of parents’ progress.
P Making sure that foster children receive a Kan Be Healthy health screening and are scheduled for medical/dental visits as needed.
P Ensuring that the Child Information Folder on each child in care is constantly updated by foster parents. The Child Information Folder is passed on to each new care provider, including group facility staff, with each new placement. (Further information is provided in a later section.)
P Ensuring a smooth transition between the foster a care contractor and the adoption contractor if the parental rights to your foster child are terminated.
P Providing information regarding the foster child’s case to SRS for monitoring purposes and so that SRS can write reports to the court.
P Working with the foster child’s school to ensure that the child’s educational needs are being met.
P Providing medical, educational, and mental health information to foster parents at the time of a foster child’s placement.
P Completing the Educational Enrollment Information Form (EEIF) when a child moves to a new school.
P Providing necessary child care resources for foster children and for the infants of teenaged mothers child care is not available from other sources.
P Providing the foster parent with information about the foster parents’
responsibility to provide a report to the court every six-month time period of the child’s placement in their home.
The Role of the Guardian Ad Litem
The Guardian Ad Litem (GAL) is an attorney appointed by the juvenile court judge to represent the child in court and to make recommendations to the court regarding the foster child’s best interests. The Guardian Ad Litem has a responsibility to meet with the child before each court hearing and determine the wishes of the child. He or she usually also hears recommendations from the foster care team. The Guardian Ad Litem’s role is somewhat different from that of an attorney for the foster child. He or she considers the child's wishes, but also is required to make an independent judgment of what is in the best interest of the child, even if that is not what the child wants.
The Role of the Juvenile Court Judge
The juvenile court system, as it pertains to Children in Need of Care (see below) is based on the goal of protecting children, preferably in their own homes, and the goal of providing stability or permanency. Juvenile court proceedings are seen as civil actions, not criminal trials. The Supreme Court once stated that “The Juvenile Court is engaged in determining the needs of the child and of society rather than adjudicating criminal conduct.”
The juvenile court judge has the authority to act as a parent when it is determined that the parent is unable to fulfill these duties. The judge is able to determine if a child should be taken into the custody of the Secretary of SRS, if a child should be committed to an institution, if a child can be returned home or placed into another responsible adult’s custody, if the rights o the biological parents are terminated, whether a child can be placed in an adoptive setting, and if a child can be released from the custody of the Secretary of SRS.
CHILDREN COMING TO THE ATTENTION OF SRS
Any child placed into a foster home by SRS will have been placed in the custody of the Secretary of SRS by a local judge with jurisdiction. The child will be referred to by the court as a “child in need of care,” commonly referred to as a “CINC” (pronounced sink).
A child in need of care as defined in K.S.A. 38-38-1502 (a) is a child less than 18 years of age who:
1. is without adequate parental care, control, or subsistence and the condition is not due solely to the lack of financial means of the child’s parents or other custodian;
2. is without the care or control necessary for the child’s physical, mental, or emotional health;
3. has been physically, mentally, or emotionally abused or neglected or sexually abused;
4. has been placed for care or adoption in violation of law;
5. has been abandon ed or does not have a known living parent;
6. is not attending school as required by K.S.A. 72-977 or 72-1111 and amendments thereto;
7. except in the case of a violation of K.S.A. 41-727, subsection (j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A. 79-3221, and amendments thereto, or, except as provided in subsection (a)(12) of K.S.A. 21-4204A and amendments thereto, does an act which, when committed by a person under 18 years of age, is prohibited by state law, city ordinance, or county resolution but which is not prohibited when done by an adult;
8. while less than 10 years of age, commits any act which if one by an adult would constitute the commission of a felony or misdemeanor as defined by K.S.A. 21-3505 and amendments thereto;
9. is willfully and voluntarily absent from the child’s home without the consent of the child’s parent or other custodian;
10. is willfully and voluntarily absent at least a second time from a court ordered or designated placement, or a placement pursuant to court order, if the absence is without the consent of the person with whom the child is placed, or if the child is placed in a facility, without the consent of the person in charge of such facility or the person’s designee;
11. has been residing in the same residence with a sibling or another person under 18 years of age who has been physically, mentally or emotionally abused or neglected, or sexually abused; or
12. while less than 10 years of age commits the offense defined in K.S.A. 21-4204a and amendments thereto.
Each SRS area office employs a Medicaid Liaison who can assist with questions regarding the use of medical cards for foster children. They can also direct you to doctors and dentists who accept the medical card.
At the time of this writing, the Medicaid Liaisons are:
Hays Area Office Gayle Hanson (785) 628-1066
Garden City Area Office Mary Calzonetti (620) 272-5839
Hutchinson Area Office Cindy Proett (620) 663-5731
Manhattan Area Office Kayla Paige (785) 826-8000
Wichita Area Office Emily Gagnebin (316) 337-6350
Mark Madden (316) 337-6123
Lawrence Area Office Michelle Swain (785) 832-3885
Topeka Area Office Kirk Maher (785) 296-0396
Emporia Area Office Beth Gates (785) 321-4200
Kansas City Area Office Monica Sipple (913) 279-7689
Overland Park Area Office Danny Hewett (913) 826-7577
Chanute Area Office Rita Stapleton (620) 431-5098
You may check your local information for more current phone listings.
There is a toll-free hotline to assist in locating doctors and dentists who accept the medical card. For information about Medicaid questions, please call the hotline at 1-800-766-9012.
To More information on Medical Forms for children in foster care, visit:
For More information Medical Card Benefits for children in foster care, visit
Foster parents have long been concerned that not enough information is provided to them regarding the children in their care. Foster care contractors are being advised of the necessity of a “child information folder,” a packet of information that will follow a foster child from placement to placement. The folder can be arranged in any number of ways, but should include the following information:
Placement Section Medical section
Child’s history Medical card
Past/Current Goals Consent for Medical Treatment
Daily schedule Immunization Records
Behavioral Emotional concerns Private Insurance Information
Positives/Negatives Kan Be Healthy information
Inventory: clothing, toys, books, etc. Doctor’s Reports (including any diagnoses)
Current case plan/discharge plan Medical and dental history
Legal Section School Information Section
Social Security card Grade level and grade cards
Birth Certificate Individual Education Plan (IEP)
Ex-Parte Order Assessment tests/information regarding
CINC petition testing process
Journal entries School’s address, phone number, school district, updated EEIF form
Notes from previous caregivers
SRS emphasizes the importance of empowering families to identify services needed to
maintain and preserve their family unit. Further emphasis is placed on families playing
a key role in developing their case plans. Case plans are written for all children in the
custody of the Secretary of SRS in order to outline or document the changes needed to be made in the family situation that would allow children to return home and remain there safely.
Children should grow up with their own parents whenever possible. Parents give their children life, assume financial responsibility for their children’s care, and have legal authority over their children, including the right to make major decisions on their children’s behalf. They generally also provide love and discipline, meet daily needs, teach life skills, and transmit values and spiritual guidance. All aspects of parenting are critical to the growth and development of children and should be provided by the children’s parents whenever feasible.
When parental care is not available or appropriate at the time of removal, a relative shall first be sought to provide care for the child. This is much less traumatic for a child being removed from his/her family to be with people he or she knows who can provide continuity.
Regardless of the circumstances of the child’s removal from parental care, the child’s case planning team should support the relationship between the children in their case and their families. A level of respect MUST be given to children’s ties to their parents, siblings, and kin and should include visits by and with parents, siblings, and kin unless contraindicated for safety reasons.
Research indicates that children who visit frequently with parents achieve reintegration more rapidly than those who don’t. Regular, successful visits can provide evidence that parents have learned now skills and are motivated to have their children returned to their care.
Whether the case plan is for reunification or other permanency option, the child’s relationship with his or her parents will be an important factor throughout the child’s life.
Foster parents are able to support the child/parent relationship in the following ways:
· facilitating visits as appropriate;
· facilitating other types of contact, including telephone calls and letters as appropriate:
· helping children create and maintain Lifebooks to help them keep positive memories alive and cope with separation;
· speaking of the parents in a positive manner;
· serving as a role model for the child’s parents; and
· presenting themselves as supportive caregivers who are in no way a replacement for the child’s parents.
When a child is placed in the custody of the Secretary, the child’s parents maintain many legal rights until and unless a determination is made by a court with legal jurisdiction that those rights should be terminated. Additionally, best practice or good child welfare practice requires respect for the right of parents to continue, to be greatest extent possible, acting as the parent. These rights include:
· reasonable, ongoing visitation with the child;
· requesting a certain religious upbringing;
· consenting to medical services or surgery;
· consenting to the marriage of a child under the age of 18;
· consenting to the adoption of a child;
· consenting to the military service of a child under the age of 18;
· making educational decisions for the child;
· participating in the development of the child’s case plan.
The Bill of Rights for Foster Children was ratified in Congress Hall, Philadelphia, on Saturday, April 28, 1973. It states the following:
Even more for other children, society has a responsibility along with parents for the well being of foster children. Citizens are responsible for acting to insure their welfare.
EVERY foster child is endowed with the rights inherently belonging to all children. In addition, because of temporary or permanent separation and loss of parents and other family members, the foster child requires special safeguards, resources, and care.
EVERY foster child has the inherent right:
Article the first: to be cherished by a family is his own, either his family helped by readily available services and supports to reassume his care, or an adoptive family or by plan, a continuing foster family.
Article the second: to be nurtured by foster parents who have been selected to meet his individual needs, and who are provided services and supports, including specialized education, so that they can grow in their ability to enable the child to reach his potential.
Article the third: to receive sensitive, continuing help in understanding and
accepting the reasons for his own family's inability to take care of
him, and in developing confidence in his own self-worth.
Article the fourth: to receive continuing loving care and respect as a unique
human being ....a child growing in trust in himself and others.
Article the fifth: to grow up in freedom and dignity in a neighborhood of people who accept him with understanding, respect and friendship.
Article the sixth: to receive help in overcoming deprivation or whatever distortion in
his emotional, physical, intellectual, social and spiritual growth may
have resulted from his early experiences.
Article the seventh: to receive education, training, and career guidance to prepare him
for a useful and satisfying life.
Article the eighth: to receive preparation for citizenship and parenthood through
interaction with foster parents and other adults who are consistent
role models.
Article the ninth: to be represented by an attorney at law in administrative or judicial
proceedings with access to fair hearings and court review of
decisions, so that his best interests are safeguarded.
Article the tenth: to receive a high quality of child welfare services, including
involvement of the natural parents and his own involvement in
major decisions that affect his life.
SRS is committed to the belief that foster parents are an integral part of permanency planning. The foster parents of the State of Kansas are a crucial resource in the mission of SRS to provide for child safety, permanency, and well being. They are to be awarded the same level of respect as other members of the child’s team.
POLICY STATEMENT ON DISCIPLINE
Discipline is an essential part of child rearing and when used positively it contributes to the healthy growth and development of a child, establishing positive patterns of behavior in preparation for adulthood. The object of discipline is to promote behaviors beneficial to the child’s development and welfare and to change and/or eliminate behaviors that are injurious to his or her well-being. Therefore, SRS encourages positive discipline as a most important aspect of child rearing practices for children and youth for whom SRS purchases and/or provides services and care.
Positive discipline, used for purposes of guiding and teaching the child, provides the child with encouragement, a sense of satisfaction, and helps the child understand the consequences of his/her behavior. Effective, positive discipline imposes behavioral limitations on the child which can provide the child with a sense of security, engender a respect for order, and effectively enlists the child’s help rather than locking the child and adult into a power struggle or adversarial, punishing relationship. Positive discipline also promotes the child’s discovery of those values that will be of the greatest benefit to the child, both now and in the future.
There are laws that protect adults against actions which many children must endure and suffer daily under the guise of “discipline.” Many children who are in the custody of the Secretary have previously suffered too much physical pain, fear, humiliation, and emotional stress. We cannot perpetuate this negative pattern when we assume responsibility for their care.
Therefore, SRS does not view as acceptable discipline any action administered in a fashion which may cause any child to suffer physical or emotional damage. Disciplinary acts which cause pain, such as hitting, beatings, shaking, cursing, threatening, binding, closeting, prolonged isolation, denial of meals, and derogatory remarks about the child or his/her family are not acceptable.
While the foregoing statement is not inclusive in terms of unacceptable forms of discipline, it does provide a guideline for the establishment of the following statement of policy:
IT SHALL BE THE POLICY OF THE DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES THAT WE NOT PURCHASE OR CONTINUE TO PURCHASE SERVICES FROM PROVIDERS WHO USE DISCIPLINARY ACTS WHICH CAUSE PAIN SUCH AS HITTING, BEATINGS, SHAKING, CURSING, THREATENING, BINDING, CLOSETING, PROLONGED ISOLATION, DENIAL OF MEALS, AND DEROGATORY REMARKS ABOUT THE CHILD OR HIS/HER FAMILY. NOR SHALL SUCH DISCIPLINARY ACTS BE TOLERATED WHEN PRACTICED BY SRS EMPLOYEES IN REGARD TO CHILDREN IN THE CARE OF THE AGENCY.
The National Foster Parent Association (NFPA) has published what it believes to be the “Basic Rights of Foster Parents.” These rights as updated on June 21, 2002 are:
Foster Parents have the right to:
a. Be treated with consideration, respect for personal dignity, and privacy.
b. Be included as a valued member of the service team.
c. Receive support services which assist in the care of the child in their home including an open and timely response from agency personnel.
d. Be informed of all information regarding the child that will impact their home or family life during the care of the foster child.
e. Have input into the permanency plan in their home.
f. Assurance of safety for their family members.
g. Assistance in dealing with family loss and separation when a child leaves their home.
h. Be informed of all agency policies and procedures that relate to their role as foster care giver.
i. Receive training that will enhance their skills and ability to cope as foster care givers.
j. Be informed of how to receive services and reach personnel on a 24 hour day, 7 days a week basis.
k. Be granted a reasonable plan for relief from the role of foster care giver.
l. Confidentiality regarding issues that arise in the foster family home.
m. Not be discriminated against on the basis of religion, race, color, creed, sex, national origins, age, or physical handicap.
n. Receive evaluation and feedback on their role of foster care giver.
SRS considers these rights as basic and reasonable. If you feel you are not being treated with the respect you deserve as part of the child’s team, please discuss your concerns with your worker or the worker’s supervisor. Contact telephone numbers for each foster care contractor can be found in this manual.
NATIONAL FOSTER PARENT ASSOCIATION CODE OF ETHICS
Each foster parent has an obligation to maintain and constantly improve the practice of fostering; to examine, use and increase the knowledge upon which fostering is based; and to perform the service of fostering with integrity and competence.
Principles:
1. I regard as my primary obligation the welfare of the child served.
2. I shall work objectively with the agency in effecting a plan for the child in my care.
3. I hold myself responsible for the quality and extent of the services I perform.
4. I accept the reluctance of the child to discuss his/her past.
5. I shall keep confidential from the community information pertaining to any child placed in my home.
6. I treat with respect the findings, views, and actions of fellow foster parents, and use appropriate channels, such as the Foster Parent Association, to express my opinions.
7. I shall take advantage of available opportunities for education and training designed to upgrade my performance as a foster parent.
8. I respect the worth of all individuals regardless of race, religion, sex, or national ancestry in my capacity as a foster parent.
9. I accept the responsibility to work toward assuring that ethical standards are adhered to by any individual or organization providing foster care services.
10. I shall distinguish clearly in public between my statements and actions as an individual, and as a representative of a foster parent organization.
11. I accept responsibility for working toward the creation and maintenance of conditions within the field of foster care that enable parents to uphold the principles of this code.
LICENSING OF FAMILY FOSTER HOMES
Family foster homes in Kansas are evaluated by the Kansas Department of Health and Environment (KDHE) in cooperation with sponsoring child placing agencies. Homes must meet expectations set out in Kansas laws and regulations. Please see Appendix A for a list of the regulations. A copy of Kansas licensing laws, K.S.A. 65-501 et seq., can be obtained from KDHE. K.A.R 28-4-311 through 28-4-317 and 28-4-118.
In addition to the requirements of statute and regulation, the following tasks are also required:
• Complete the 30-hour “Model Approach for Partnerships in Parenting”
curriculum offered by private child welfare agencies statewide. Provide
the Certificate of Completion to the sponsoring agency employee assisting the family with the licensing process
• Obtain, with the assistance of the sponsoring agency, a criminal history background check through the Kansas Bureau of Investigation on each family member aged ten years and over.
• Obtain, with the assistance of the sponsoring agency, a child abuse history background check through the Division of Children and Policy, SRS on each family member aged ten years and over.
In addition, the sponsoring agency social worker must complete a detailed home study on each family desiring licensure. The home study includes important information such as each foster family member’s history, the physical structure of the home, characteristics of the neighborhood, and recommendations regarding whether or not a license should be issued to the family.
Yearly Review of License
Some time between nine months and one year after a license is issued, a social worker from your sponsoring agency will visit your home and assist you in completing paperwork for the Kansas Department of Health and Environment. The agency social worker will make a recommendation as to whether your license should be continued or revoked. These review visits occur yearly as long as you hold your foster home license.
FOSTER HOME TRAINING REQUIREMENTS
SRS requires that all foster parents complete the Model Approach to Partnerships in Parenting (MAPP) training curriculum before the foster home license will be issued by KDHE. MAPP is a 30-hour pre service training provided by several child welfare agencies around the state. Please refer to the contractor map provided in Appendix B to find out whom to contact to determine when MAPP classes are offered in your area.
Additionally, KDHE requires that each foster parent in the home receive a minimum of six (6) hours of training each year in order to maintain the foster home license. The training must be one of the approved topics as defined by KDHE.
Most training regarding child safety, child psychology, and child care qualifies for the six hours each foster parent needs for relicensure. If you have questions as to whether the training you receive will count for the six hours of training, please call your sponsoring agency or KDHE at (785) 296-1270.
DEFINITIONS OF CHILD ABUSE/NEGLECT
Definition of Physical Abuse
State regulations define Physical Abuse as “non accidental or intentional action or inaction which results in bodily injury or which presents likelihood of death or bodily injury.”
Examples of situations which SRS would probably investigate include: current fractures, burns, or other marks in which the explanation is inconsistent with injuries; child with internal injuries possibly due to caregiver actions; child given alcohol, drugs, or tobacco products with harm to the child; hair pulling resulting in bald spots, caregiver bites child resulting in injury; bizarre or brutal discipline; confined or locked in area; care giver demonstrates a lack of control which places a child at risk: throwing a child across a room, pushing child near stairs, shaking a child; care giver hitting child with an object including belts, combs/brushes, hangers, cords, fly swatters, etc.
Definition of Sexual Abuse
State regulations define Sexual Abuse as “any contact or interaction with a child in which the child is being used for the sexual stimulation of the perpetrator, the child, or other person. Sexual abuse shall include allowing, permitting, or encouraging a child to engage in prostitution or to be photographed, filmed, or depicted in obscene or pornographic material.”
Examples of situations which SRS would probably investigate include: child of any age disclosing sexual abuse; or incest (any age).
Definition of Emotional Abuse
State regulations define Emotional (Mental) Abuse as “acts or omissions which impair a child’s social, emotional, or intellectual functioning or present a likelihood of such impairment.” It includes terrorizing a child by creating a climate of fear or engaging in violent or threatening behavior toward the child or toward others in the child’s presence which demonstrates a flagrant disregard for the child; emotionally abandoning a child by being psychologically unavailable for the child; demonstrating no attachment to the child; or failing to provide adequate nurturing for the child; corrupting a child by teaching or rewarding the child for unlawful, antisocial, or sexually precocious behaviors or engaging in any behavior of substantially the same nature or having substantially the same effect on the child.
Examples of situations which SRS would probably investigate include: parental behavior which causes observable and detrimental effects on the child (isolating the child, not allowing the child to interact/live with the rest of the family, and excessive blaming of the child) and physical violence of regular care givers in front of the child.
Definition of Physical Neglect
State regulations define Physical Neglect as “acts or omissions resulting in harm to a child or which present a likelihood of harm.” It includes failure to provide the child with food, clothing, or shelter necessary to sustain the life or health of the child.
Examples of situations which SRS would probably investigate include: household with bug or rodent infestation to the point the child is impacted (example: roaches in ears, rat bites on child); significant weight loss indicating malnourishment (unrelated to a medical condition); home presents a health or safety hazard endangering a child (constant presence of feces, broken glass, exposed wiring accessible to the child), and methamphetamine labs present in the home with children.
Definition of Medical Neglect
Medical neglect is considered as a failure to use resources available or any behavior or omission of behavior designed to treat a diagnosed medical condition and such treatment that will (or would have) make a child substantially more comfortable, reduce pain and suffering, correct or substantially diminish a crippling condition, lengthen the life span or prevent the condition from worsening.
Examples of situations which SRS would probably investigate include: Critical or negative consequence on the health of the child due to missed medical appointments; parents refusing to learn new techniques to use with a high risk newborn requiring special care; and lack of medical treatment posing substantial likelihood of harm including illnesses, optical, or dental needs.
Definition of Abandonment
Abandonment is defined in the Kansas Code for Children as having given up, forsaken, or deserted with stated or apparent intent not to resume the relationship. The Code also refers to a child having been abandoned or does not know a living parent as a basis for a parental rights termination. SRS considers abandonment as a form of neglect.
Examples of situations which SRS would probably investigate include: infants/children left in a hospital, street, or other public place with no care giver located; credible information or criminal evidence of parents’ intent to abandon without any alternative provision for a period of time; parents have demonstrated a refusal to let a child return to the home or alternative living arrangement for reasons other than fear of the child’s behavior or a stated inability to protect the child from his/her reckless, runaway, or out of control behavior.
Definition of Lack of Supervision
State regulations define neglect as “acts or omissions resulting in harm to a child or which presents a likelihood of harm.” This definition includes the failure to provide adequate supervision of a child or to remove a child from a situation that requires judgments and actions beyond the child’s level of maturity, physical condition, or mental abilities and results in bodily harm or likelihood of harm to the child. SRS considers abandonment as a form of neglect.
Examples of situations which SRS would probably investigate include: the parent knows a child is at risk of harm from abuse and/or neglect and continues to allow access by the perpetrator; a child, age six or younger, left alone for any amount of time; a child left with a care giver who is mentally or physically unable to protect the child or meet the child’s needs; the care giver leaving a child to live without any adult supervision; the failure of a parent to make reasonable efforts to prevent a child from having a sexual relationship (example: a 13-year-old adolescent having sex with an 18-year-old youth who parents have allowed to move in and share a bedroom with the child); children under the age of 16 left without adult supervision overnight.
Child in Need of Care: Non Abuse/Neglect
Some children come to the attention of SRS for reasons other than abuse and/or neglect. Usually these are children in conflict with school, home, and/or the community. Examples of Non Abuse/Neglect cases include runaways, homeless families, criminal offenses by a child under the age of ten, overwhelmed parents, and children without proper parental control. SRS is the agency designated to assess all truancy reports of children 12 years and under.
SUSPECTED CHILD ABUSE/NEGLECT IN FOSTER HOMES
When SRS receives a report of suspected child abuse or neglect, a thorough investigation is conducted. KDHE and SRS may conduct the investigation together. Many people may be interviewed, including the foster child, you, your spouse, and members of your family. Findings are made when the investigation is complete.
A finding of “unsubstantiated” means that SRS considers that, based on the evidence, it is more likely than not the abuse did not occur. A “substantiated” finding means that SRS believes the report to be true and that abuse did occur.
An incident of abuse can be substantiated with or without a perpetrator being identified. When a perpetrator can be identified, a decision must be made as to whether to validate so the perpetrator’s name is listed on the SRS child abuse and neglect registry.
A perpetrator is found to be “substantiated” if the incident is found to have caused less than severe harm to the child. Corrective action plans are offered to foster parents who are substantiated. A corrective action plan is jointly developed by the SRS social worker, the alleged perpetrator and the foster parent’s sponsoring agency. The purpose of the plan is to improve the foster parents ability to care for children and avoid abusive or neglectful behavior.
A finding of “validated” is given to the perpetrator if the incident is deemed to be serious. The end result of a “validated” finding is that the person’s name, date of birth, social security number, and other identifying identification is kept on a registry with the names of other persons who have been validated as having committed child abuse. When this occurs, the foster home loses its license to provide foster care, and the perpetrator of the abuse is then unable to work, reside, or volunteer in child care facilities regulated by KDHE and may not be able to work in other care giving careers.
There is an appeal process for persons who have been validated. The finding is not considered final and inclusion on the child abuse and neglect registry does not occur until after the person has either:
1. Not appealed the finding on a timely basis, or
2. The validated finding has been sustained by the highest level in the appeal process.
Being the subject of an SRS abuse/neglect investigation is usually a very stressful process. In cases where the allegations involve sexual abuse or severe physical abuse, the foster children placed in your home may be removed from your care. It is good to have friends, family, and other foster parents available to you for emotional support, as the social workers involved in your foster child’s care have to maintain a neutral position while the investigation is being completed. This position of neutrality can be very confusing for foster parents.
The following are some tips if you are accused of abuse or neglect:
W Do not isolate yourselves, especially from other foster parents. Remember that foster families are at a high risk of being alleged of abuse/neglect.
W Maintain your professionalism as foster parents. Cooperate fully with the investigation, insisting that you be able to provide full input and on being treated appropriately.
There are some things you can do as a foster parent in order to reduce the risk of being suspected of child abuse. The following are some tips:
W Assume that allegations of abuse are going to happen. SRS will have to take the report seriously, no matter what your relationship may be with SRS, the private contractor, and your sponsoring agency.
W Maintain a journal of the daily events in your home. This journal is separate from the documentation you keep on the child. The journal should contain communication and contacts with SRS and the private contractor, your sponsoring agency, the foster child, the biological family, and others as appropriate.
W Select trusted individuals in your community, a minister, priest, or neighbor.
W If the foster child is sexually active, has a history of acting out sexually, has provocative behavior, or has a history of sexual abuse, family members should avoid placing themselves in situations where they are alone with the foster child for extended periods of time.
W Refrain from activities with the foster child that could be considered by the child as threatening.
W Never use physical discipline on foster children. Many are survivors of physical abuse. Your pre service training provides you with numerous alternatives to physical discipline.
W Never restrain a child unless you have been trained in proper restraint techniques. Get help from your social worker or from law enforcement as soon as you can.
QUESTIONS TO ASK WHEN A FOSTER CHILD IS PLACED IN YOUR HOME
K.S.A. 38-1507 (d) (5) states that records and reports pertaining to a child in need of care received by the Department of Social and Rehabilitation Services are to be disclosed to foster parents and other professionals as is reasonably necessary to carry out their lawful responsibilities to maintain their personal safety and the personal safety of individuals in their care or to diagnose, treat, care for or protect a child alleged to be in need of care.
This does not mean that foster parents are entitled to complete and full disclosures of information on foster children. It does mean that you are entitled to that information necessary to carry out your responsibilities as a foster parent to maintain your safety and the safety of those in your home.
You have every right to ask as many questions as you want of the persons who place the foster child in your home and those individuals who are responsible for the management of the child’s case. Some questions you might want to ask before accepting a foster child in your home are:
? Does the child take any medications?
? Does the child have enough medication on hand for the next few days?
? Does the child have any known allergies to animals, plants, food, medications, etc.?
? Does the child have any behavioral issues that might affect his or her safety or the safety of persons in my home?
? Does the child have any other behavioral issues I need to know about, i.e., sexual acting out, bed wetting, fire setting, stealing, and/or hoarding food?
? Does the child have any communicable or noncommunicable diseases I need to know about?
? What is the child’s medical history?
? Does the child have any special dietary needs?
? Does the child have any fears?
? Which persons are allowed to have phone contact with the child - school friends, the parents, other relatives, teachers, etc.?
? What is the child’s placement history? How many prior placements has the child had and with whom?
? Where did the child last attend school?
? What grade is the child in?
? Is the child in Special Education?
? Does the child have a mental health provider I need to make an appointment with?
WHEN TO CALL YOUR SOCIAL WORKER/CASE MANAGER
As vital members of a team, you and your foster child’s social worker/case manager will be working closely together, sharing information, problems, and successes. When you have a complaint or a problem, or otherwise need help, the first person to talk to is the contractor social worker/case manager assigned to you or foster child’s case. His or her role is to support you in every aspect of the very difficult job of foster parenting.
Making contact with your foster child’s social worker/case manager may at times be difficult as he or she has many duties away from the desk. Be persistent and patient. If you are unable to contact your foster child’s social worker/case manager or feel your needs are not being met, contact that worker’s supervisor.
Your foster child’s social worker/case manager can help you with the following:
º Answers to specific questions about your foster child;
º Information about the foster child, foster parenting, etc.;
º Community services or referrals;
º Suggestions on how to handle a problem;
º Help in decision making;
º Encouragement for the difficult times;
º Emergency assistance during crises;
º An advocate for your foster child or you;
º Arranging mental health therapy, alcohol/drug assessments, etc. if necessary.
If you have disagreements or difficulties with the social worker/case manager, try to discuss these issues with him or her. It may be helpful to schedule a time when you can meet in a private place away from the interruption and distractions of home and office. Plan for a meeting in advance by organizing your thoughts. You may want to write up a list of concerns and questions.
If, after trying, you still do not feel satisfied, ask to speak to the social worker/case manager’s supervisor. Since you and your worker need to work together for the sake of the foster child, you are encouraged to bring your concerns to the attention of the agency.
FOSTER CARE HELP LINE
Kansas Legal Services maintains a toll-free telephone number to assist foster children, their families, and foster parents with legal services, social service information, and referrals to community partners. SRS encourages foster parents to make use of this service. The telephone number is 1-877-298-2674.
Defining a critical incident is not always clear cut. One definition might include an event which is outside the normal day to day circumstances of living. Another definition might include an event which has the potential to lead to an undesirable outcome if not reported. Critical incidents occur suddenly and unexpectedly in many circumstances.
Critical incidents must be reported to your contractor and to your sponsoring agency as soon as possible. Some examples of critical incidents to be reported immediately are:
( death of a child
( attempted suicide
( life threatening injury or illness
( alleged abuse or neglect
( arrest
( runaway
( criminal assault of any kind
( emergency change in placement
( unanticipated hospitalization for any reason
Other critical incidents which should be reported but do not require an immediate report to the contractor and sponsoring agency include:
( aggressive or assaultive behaviors not resulting in injury to others or damage to the foster home
( use of illegal drugs
( sexual activities between youth
These lists do not include every imaginable example of a critical incident. If in doubt, the foster parent should inform the contractor and sponsoring agency of the situation as soon as possible.
FOSTER CARE PLACEMENTS OF SIX MONTHS OR LONGER
The contractor is required to give you written notice of the intent to move a child in your foster home 30 calendar days prior to the move if the child has been in your home for six continuous months or longer. The notice shall state the reason for the move.
This requirement is waived if the move is required by an emergency, is court ordered, or if the child has become unwelcome in the foster home. It is the strong desire of SRS that every effort be made to retain the child in his present setting to avoid emotional upset to the foster child.
FOSTER PARENT’S CONFIDENTIAL REPORT TO THE COURT
The 1989 Legislature mandated that every six months foster parents are to provide a confidential report to the court in a specified format.
It is a requirement that the contractor notify foster parents of this responsibility to submit a confidential report directly to the court every six months.
A sample of the report and the cover letter you will receive from the contractor are found in Appendix C.
TAXES
Foster care payments are considered “reimbursements” to meet the needs of the child (room and board) and are not considered income to the foster parent. Therefore, they are not reportable as earned income. Because tax laws are complicated and ever changing; however, it is recommended that foster parents seek professional advice on reporting reimbursement payments to the Internal Revenue Service.
CONFIDENTIALITY
Any and all information you learn about your foster child over time, as well as any information given to you at the time of placement is strictly confidential, and sharing this information with persons outside your home not involved in the foster child’s case planning is prohibited. It is understood that many questions may be asked of foster parents by friends and associates. General information about the child, such as his/her age, grade in school, etc. is permissible to share with others; however, sharing more personal information about the foster child with others is strictly prohibited.
SRS cannot emphasize enough that violating the confidentiality of a foster child is not only against agency policy, it is against the law. Should such an incident come to the attention of SRS or the private contractor, it is possible that you could face termination of your foster home license and even criminal prosecution.
RELIGIOUS PREFERENCE
If a foster child of a different religion is placed in your home, biological parents have the right to request that the foster child attend the church of their choice. Under no circumstances shall a child be indoctrinated or baptized into the church of the foster parents choice.
SCHOOL
In order to minimize the drastic changes in everyday life that foster children must face, it is the expectation of SRS that every effort is made to keep the child in his/her current school setting.
The preferred educational setting for foster children is the public school system. Neither SRS nor the private contractors will provide funding for private schooling. Home schooling is allowed only in exceptional circumstances and requires specific approval from SRS.
All foster children are eligible for free school lunches under a federal program. Your income is not a consideration in the free lunch program, the child is considered to be on his/her own. In addition, many school districts will waive the enrollment and textbook fees for foster children. Contact local school personnel for assistance in the free lunch program and enrollment fees.
If you believe your foster child has special educational needs that are not being met, please contact your foster child’s private contractor case manager/social worker for advocacy services.
TRAVEL AND VACATION
SRS encourages foster families to take their foster children with them on family vacations. Be sure to let your child’s case manager/social worker know when you take the child on vacation, as arrangements for visitation or other appointments may need to be rescheduled and the court may need to authorize travel.
Some juvenile court judges require that they be notified and give permission when foster children are transported across state lines. Check with your child’s case manager/social worker regarding this notification. Please remember to take the foster child’s medical card and medical consent form in case of a medical emergency.
RESPITE CARE
Your family may at times need a break. If this is the case, please contact your child’s case manager/social worker. It is often helpful for foster parents to create their own network of foster parents to turn to when respite care is needed. You should never place your foster child in another setting without first getting the approval of your child’s case manager/social worker.
Children with disabilities may be eligible for services through the Home and
Community Based Services (HCBS) program. Under federal Title XIX (Medicaid) rules, states are allowed to waive certain rules (thus “waivers”) in order to develop community services that best meet the needs of special needs populations. Waivers to Medicaid rules are allowed when services under the waiver will save federal dollars by providing community services instead of placing persons into institutions.
Waivered services are provided through organizations in communities such as Community Developmental Disabilities Organizations (CDDOs) and Community Mental Health Centers (CMHCs). Foster parents receive cash assistance to purchase the necessary services on behalf of the foster child.
The HCBS/MRDD (Mentally Retarded/Developmentally Disabled) waiver serves individuals five years of age or older who are mentally retarded or otherwise developmentally disabled. CDDO organizations determine whether a child is eligible for the waiver. Services included under the waiver include attendant care (in home child care), residential services, respite care, case management, home modifications, and wellness monitoring.
The HCBS/SED (Severely Emotionally Disturbed) waiver serves children under the age of 18 (or in special circumstances up to age 21) who meet the definition of severely emotionally disturbed AND meet admission criteria for a state mental health hospital. CMHC organizations determine whether a child is eligible for the waiver. Services included under the waiver include community services in order to support the foster home placement, independent living services, parent support and training, respite care, and attendant care.
The HCBS/TA (Technology Assistance) waiver serves children under the age of 18 who are dependent on technology equipment such as a mechanical ventilator or who require prolonged intravenous administration of nutritional substances or drugs. Other children may need a medical device to compensate for the loss of a vital body function and require intensive care by a nurse. Children must meet the criteria for inpatient hospital care to receive services under the waiver. Eligibility is determined by private medical agencies. Services included under the waiver include respite care, medical equipment and supplies, skilled nursing care, and case management.
The HCBS/PD (Physical Disabilities) waiver serves individuals 16 to 64 who are determined to be physically disabled according to Social Security Administration standards. Persons determined to be mentally retarded or severely emotionally disturbed are not eligible for services under this waiver. Eligibility is determined by individuals employed by Centers of Independent Living or Home Health Agencies using a uniform assessment instrument. Services included under the waiver include personal services to help accomplish the normal tasks of everyday living.
The HCBS/HI (Head Injured) waiver serves individuals ages 16-55 who have an external traumatically acquired non degenerative, structural brain injury resulting in ongoing deficits and disability. The person must meet the criteria for inpatient care in a head injury rehabilitation hospital in order to receive services. Eligibility is determined by individuals employed by Centers of Independent Living or Home Health Agencies using a uniform assessment instrument. Services included under the waiver include personal services to help accomplish the normal tasks of everyday living, rehabilitation services, transitional living skills education, and case management.
SRS ACRONYMS
The following is a list of popular acronyms used in child welfare.
AFCARS Adoption and Foster Care Analysis and Reporting System
AO Area Office
CAK Children’s Alliance of Kansas
CASA Court Appointed Special Advocate
CDDO Community Developmental Disability Organization
CDRB Child Death Review Board
CFP Children and Family Policy (SRS Central Office)
CINC Child in Need of Care
CINC-NAN Child in Need of Care, Non Abuse or Neglect
CMHC Community Mental Health Center
CPS Child Protective Services
CRB Citizen Review Board
CSE Child Support Enforcement
CWLA Child Welfare League of America
DD Developmentally Disabled
DDS Disability Determination Services
DOB Date of Birth
DSOB Docking State Office Building
EA Emergency Assistance
EEIF Educational Enrollment Information Form
ED Emotionally Disturbed
EMR Educable Mentally Retarded
FACTS Family and Child Tracking System
FC Foster Care
FFH Family Foster Home
FFY Federal Fiscal Year
FY Fiscal Year
GA General Assistance
GA-FC General Assistance - Foster Care
GAL Guardian Ad Litem
HCBS Home and Community Based Services
HCBS/MRDD HCBS/Mentally Retarded - Developmentally Disabled
HCBS/PD HCBS/Physically Disabled
HCBS/HI HCBS/Head Injury
HCBS/DD HCBS/Developmentally Disabled
HHS Health and Human Services
HMO Health Maintenance Organization
HUD Housing and Urban Development
ICAMA Interstate Compact on Adoption and Medical Assistance
ICPC Interstate Compact on Placement of Children
ICWA Indian Child Welfare Act
IEP Individual Education Program
IL Independent Living
JJA Juvenile Justice Authority
JO Juvenile Offender
KAC Kansas Action for Children
KAR Kansas Administrative Regulations
KBH Kan Be Healthy
KCSL Kansas Children’s Service League
KCSW Kansas Conference on Social Welfare
KDHE Kansas Department of Health and Environment
KNI Kansas Neurological Institute
KUMC Kansas University Medical Center
KVC Behavioral Kaw Valley Center Behavioral HealthCare
HealthCare
LBSW Licensed Bachelor of Social Work
LIEAP Low Income Energy Assistance Program
LMSW Licensed Master Social Worker
LMHT Licensed Mental Health Technician
LSCSW Licensed Specialist Clinical Social Worker
LSOB Landon State Office Building
MAPP Model Approaches to Partnership in Parenting
NASW National Association of Social Workers
OSH Osawatomie State Hospital
OT Occupational Therapist
OTC Over-the-Counter
PCP Primary Care Physician
PD Physically Disabled (HCBS Waiver)
PSH&TC Parsons State Hospital and Training Center
QA Quality Assurance
QMRP Qualified Mental Retardation Professional
RADAC Regional Alcohol and Drug Assessment Center
RFP Request for Proposal (purchase)
RMHF Rainbow Mental Health Facility
RN Registered Nurse
SFY State Fiscal Year
SRS Social and Rehabilitation Services (Department of)
SSA Social Security Administration
SSDI Social Security Disability Insurance
SSI Supplemental Security Income
SSN Social Security Number
SW Social Worker
TANF Temporary Assistance to Needy Families
TMR Trainable Mentally Retarded
WIC Women, Infants and Children
APPENDIX A
Family Foster Home Regulations
K.A.R. 28-4-311 through 28-4-317 and 28-4-118
28-4-311 Definitions.
A. “Applicant” means the person or persons who have applied for a license to provide care for foster children.
B. “Child placing agent” means the person, child placing agency, or court possessing the legal right to place a child.
C. “Exception” means a waiver of a licensing regulation granted by the Kansas Department of Health and Environment.
D. “Family foster home” means a private home in which care is given for twenty-four (24) hours a day for a small number of children away from their parent or guardian.
E. “Foster child” means a child under sixteen (16) years of age who is living away from the child’s parent or guardian with persons who are neither her or his relative nor legal guardian.
F. “Foster family” means all persons living in the family foster home other than foster children.
G. “Foster parent” means the licensee who is responsible for the care of foster children.
H. “Inconsequential care” means twenty-four (24) hour care provided for not more than one (1) calendar month, on a one (1) time basis, for a specific child or children in the temporary absence of the person with whom the child lives.
I. “Temporary license” means a document used by the Kansas Department of Health and Environment granting authority to a person, firm, corporation or association to operate and maintain a family foster home for a term less than one (1) year.
28-4-312 The license.
A. Any person desiring to conduct a family foster home shall apply for a license to do so on forms provided by the Kansas Department of Health and Environment.
B. Inconsequential care shall not require a license.
C. A family foster home shall be licensed for a maximum of four foster children, not more than two ofwhom shall be under 18 months of age, with a total of six children in the home including the applicant’s own children under sixteen years of age. Approval may be granted to care for two additional foster children in order to meet the needs of sibling groups or other special needs of foster children.
D. Licenses shall not be issued concurrently for more than one type of childcare or for child and adult care in the same family foster home.
E. A license shall be issued if the secretary finds that the applicant is in compliance with the regulations promulgated pursuant to these statutes.
F. Exceptions
1. The applicant or licensee may request an exception to a regulation from the Kansas Department of Health and Environment. Such exceptions may be allowed when it is in the best interest of a child or children and when the exception does not violate statutory requirements.
2. Written notice from the Kansas Department of Health and Environment stating the nature of the exception and its duration shall be posted with the license.
G. The applicant may terminate the license by notifying the Kansas Department of Health and Environment if the licensee no longer wishes to maintain a family foster home.
H. A copy of the “Regulations For Licensing Foster Family Homes for Children” shall be kept on the premises of the family foster home at all times.
28-4-313 The foster family.
A. The applicant shall be at least eighteen (18) years of age at the time of application.
B. All adults shall have been members of the applicant’s household for at least one (1) year prior to application.
C. The foster parent shall be in good physical and mental health and be free from physical handicaps, as verified by a health assessment, which would interfere with the care of the children.
D. The applicant shall provide evidence, as required by the Department of Social and Rehabilitation Services foster home assessment guide, of child care experience and knowledge of child care methods which will enable any child to develop his or her potential.
E. The applicant shall have sufficient income or resources to provide for the basic needs and financial obligations of the foster family.
28-4-314 Care of children.
A. A foster parent shall provide for the growth and development of each foster child by assuring:
1. Opportunity for each child’s contact with his or her natural family in accordance with the social service plan prepared by the placing agent.
2. Sufficient time for recreation and for individual, school, and community activities.
3. Opportunity for privacy.
4. Regular attendance in school or other instruction in accordance with the child’s individual education plan.
B. The foster parent shall recognize and respect the child’s cultural and religious heritage.
C. The foster parent shall provide a daily routine in accordance with the age and needs of each child which shall include:
1. Active and quiet play, both indoors and outdoors.
2. Rest and sleep.
3. Nutritious meals and snacks.
D. The foster parent shall provide an adequate supply of play equipment, materials, and books which shall be:
1. Suitable to the developmental needs and interests of each child.
2. Safe, clean, and in good repair.
E. The foster parent shall use methods of discipline which are positive and encourage cooperation, self-direction, and independence.
F. The foster parent or any person living in the house shall not use any of the following methods of punishment of a child:
1. Physical punishment, including hitting with the hand or any object, yanking arms or pulling hair.
2. Restricting movement by tying or binding.
3. Confining a child in a closet, box, or locked area.
4. Withholding food, rest, or toilet use.
5. Refusing a child access to the family foster home.
6. Mental and emotional cruelty, including verbal abuse, derogatory remarks about a child or his family or threatening to expel a child from the home.
G. The foster parent shall cooperate with the foster child’s placing agent regarding the overall plan for the care and training for each child.
H. The foster parent shall provide appropriate supervision for children when the foster parent is absent:
1. For less than six (6) hours, the person supervising the foster children shall be at least fourteen (14) years of age.
2. For six (6) hours or more, the person supervising the foster children shall be at least eighteen (18) years of age.
I. The foster parent shall not disclose medical or social information relating to a foster child which is confidential without authorization from the child’s placing agent.
J. A file shall be maintained for each child with includes:
1. Name, birth date, and name and address of placing agent.
2. A written agreement between the foster parents and the placing agent regarding the care of the foster child.
3. Medical and surgical consents.
4. Medical and dental records.
5. Authorization regarding the use of confidential information.
28-5-315 The family foster home.
A. The family foster home shall meet the legal requirements of the community as to zoning, fire protection, water supply, and sewage disposal. Private water and sewage disposal systems shall comply with the requirements of K.A.R. 28-4-50 and K.A.R. 28-4-55.
B. The home shall be so constructed, arranged, or maintained as to provide adequately for the health and safety of children in care.
C. Heating appliances using combustible fuel shall be vented to the outside.
D. When a family resides in a mobile home:
1. There shall be two (2) exits, located at least twenty (20) feet apart, one (1) exit must be within thirty-five feet of each bedroom door.
2. The mobile home shall be skirted and securely anchored.
E. Basements used for child care shall have two (2) exits, one (1) of which leads directly to the outside and which can be opened without use of tools and is at least twenty (20) inches in width and twenty-four (24) inches in height. The exit route shall not pass by a heating appliance.
F. Smoke detectors shall be installed on each level of the home.
G. A refrigerator shall be provided for the storage of perishable foods.
H. All milk and dairy products shall be pasteurized.
I. If children under one (1) year of age receive care in a home which uses private well water, commercially bottled drinking water shall be used for all such children until a laboratory test confirms the nitrate content is not more than ten milligrams per liter (10 mg/l) as N. The water shall be boiled for five (5) minute before being given to a child.
J. All medications, dangerous chemicals, household cleaning supplies, and sharp instruments shall be stored safely out of the reach of children or placed in locked storage.
K. All guns shall be in locked storage or equipped with trigger locks.
L. Outdoor play space, fenced if necessary, shall be available and free from hazards which might be dangerous to the life or health of the child.
M. Swimming pools and other bodies of water twelve inches (12") or more deep, shall be fenced to prevent chance access by children.
N. Bedrooms shall assure privacy for the occupants. Living, dining, or other areas not commonly used for sleeping shall not be used for a bedroom.
1. There shall be a minimum of forty-five (45) square feet per person in rooms used by more than one (1) person, and a minimum of seventy (70) square feet in a one (1) person room with a ceiling height of at least seven (7) feet over eighty percent (80%) of the room.
2. If an infant shares the parents’ bedroom, the room shall have a minimum of one hundred thirty (130) square feet.
3. Bedrooms shall have windows which are easily opened and provide ready exit to the outside.
O. Each child shall have an individual bed.
1. A crib shall be used for a child under two (2) years of age.
2. Children under six (6) years of age and over, who share a room, shall be of the same sex.
3. Children over eighteen (18) months of age shall not share a bedroom with adults, except in case of illness or developmental disabilities requiring close supervision.
28-4-316 Health care policies.
A. Medical and dental health of foster children
1. Each foster parent shall obtain emergency and on-going medical and dental care for foster children.
2. A record of the foster child’s health assessment, conducted within the past year by a nurse approved to conduct assessments, or by a licensed physician, shall be on file within 30 days of the placement. The record shall be kept on forms supplied by the Kansas Department of Health and Environment.
3. Health assessments shall be obtained annually for each foster child under six years of age and every three years for each foster child who is six years of age and over.
4. Children under 16 years of age shall not be required to have tuberculin tests unless they have been recently exposed to or exhibit symptoms compatible with tuberculosis.
5. Immunizations for each foster child under sixteen years of age shall be current or in process at the time the license is issued.
6. Exemptions to immunizations shall be permitted if:
a. Certification is obtained from a licensed physician, stating that the physical condition of the child is such that the immunization would endanger the child’s life or health; or
b. A written statement, signed by a parent or guardian, is obtained indicating that he or she is an adherent of a religious denomination whose teachings are opposed to immunizations for the child.
7. An annual dental examination shall be obtained for each child who is three years of age or older. Follow-up care shall be provided.
8. Each child’s medical record shall be kept current. When the child leaves the home, the record shall be given to the placing agent to accompany the child.
B. Physical health of the foster family, under 16 years of age.
1. Each person under 16 years of age living in the home shall have a health assessment conducted by a licensed physician, or by a nurse approved to perform health assessments, within one year prior to the date of the application. The results shall be recorded on forms provided by the Kansas Department of Health and Environment
2. Children who are under age 16 and are living in the home shall have current immunizations. Exemption shall be permitted only with certification from a licensed physician stating that the physical condition of the child is such that the immunization would endanger the child’s life or health, or a written statement from the applicant that the applicant is an adherent of a religious denomination whose teachings are opposed to immunizations.
28-4-317 Policies relating to illness and reporting of child abuse.
The requirements of K.A.R. 28-4-118, relating to procedures to be followed in case of illness and reporting of child abuse, except K.A.R. 28-4-118(b) are hereby adopted by reference.
28-4-118 Policies relating to illness and reporting of child abuse.
A. Non-prescription medicines shall be administered to children only with permission of the parent or guardian. A record shall be kept.
B. Prescription medications shall be administered only from a container labeled with the child’s name, name of the medication, dosage, dosage intervals, name of the physician, and the date the prescription was filled. The label shall be considered the order from the physician. A record of medications administered shall be kept.
C. Each child care provider, as required by law, shall report to the Kansas Department of Social and Rehabilitation Services or the district court any evidence of suspected child abuse or neglect observed in children enrolled for care.