KINSHIP CARE

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. Additionally, this rule includes provisions of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (PL 110-351) relating to sibling placement and visitation. 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 DCYF and statewide criminal records checks. Additionally, the rule includes procedures for the preliminary assessment of a kinship home when an emergency placement is made pending licensure. The previous version of this policy, refiled 1/5/07, is superseded by this amended version.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 changes that were not part of the proposed rule: the definition of kin was expanded to include “caretaker” in compliance with proposed DCYF rule relating to legal guardianship and kinship guardianship assistance; reference to provisions of federal law authorizing the kinship guardianship program and requiring notice to relatives when a child is removed from home were added; language was revised to clarify that if a kinship 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; requirement that worker must see the child’s sleeping quarters prior to placing the child in the home of a prospective caretaker was added; procedure to initiate fire inspection was changed and now requires fire inspector to contact caretaker to schedule fire inspection, and provision that foster board “will” be terminated was changed to “may” be terminated if licensing process is not completed within six months of child’s placement in the kinship home.