LICENSING OF FOSTER CARE HOMES

Regulation Authority:

42-35: 42-72-5

Purpose and Reason:

This rule has been amended in compliance with State Plan requirements under Title IV-E of the Social Security Act as amended by Federal law. This rule has been revised to reflect provisions of Public Law (P.L.) 109-248, Adam Walsh Child Protection and Safety Act of 2006, which requires revised procedures for conducting criminal background checks for prospective foster and adoptive parents and provides new requirements for child abuse and neglect registry checks for prospective foster and adoptive parents and adult members of their households and the Child Abuse Prevention and Treatment Act (CAPTA), which requires criminal background checks for all prospective foster and adoptive parents and other adults living in the household. This rule also reflects a provision of RIGL 14-1-34, which allows the Department to authorize placement in a kinship home pending licensure for a period not to exceed six (6) months, provided that the Department has conducted a DCYF records check pursuant to RIGL 40-13.2-3.1. The previous version of this policy, refiled 1/5/07, is superseded by this amended version. As a result of comments received, the final rule includes the following change that was not part of the proposed rule: revised language to clarify that if an applicant or household member has a history of DCYF involvement or criminal activity that is disqualifying or non-disqualifying, the licensing worker must review this information with his or her supervisor to determine if the licensing process should proceed.