Section 400.12325. License recommendation.

(1) An agency shall recommend to the department the appropriate licensing action consistent with facts contained in the foster home evaluation and any special evaluations.

(2)   An agency shall document foster home license changes in the foster home record and shall communicate the changes immediately to the department in the manner prescribed by the department.

(3)   Except for an original license, an agency shall recommend to the department the issuance of a regular license or the continuation of an active license only when all rules are in compliance or both of the following conditions exist:

(a)   All non-compliances relating to the recommendation are correctable.

(b)     A written corrective action plan has been developed. The plan shall be in compliance with all of the following requirements:

(i)    Specify the methods, the persons responsible, the time frames for correction; methods for ensuring the safety of any children placed in the home; how continuing compliance will be maintained once compliance is achieved; consequences if the corrective action plan is not completed; and what documentation will be required to demonstrate compliance or completion.

(ii)    Require that the corrective action be completed within six (6) months of being signed.

(iii)   Be signed and dated by the foster parent and the agency.

(4)   Except for an original license, an agency shall recommend to the department the issuance of a provisional license only when both of the following conditions exist:

(a)   The agency complies with subrule (3)(a) and (b) of this rule.

(b)   The foster parent has been informed, in writing, of the facts and the basis for the provisional license.

(5)   An agency shall recommend to the department the denial of license issuance, the revocation of a license, or the refusal to renew a license only when both of the following conditions exist:

(a)    The applicant or the foster parent falsifies information or, the applicant or the foster parent willfully and substantially violates the act, 1or more of the licensing rules for foster homes, or the terms of the license,

(b)   The applicant or the foster parent has been informed, in writing, of the facts and the basis for the recommended action.

(6)   An agency shall provide the department with all documentation that details the basis for the agency’s recommendation or any requested documentation for a department licensing action.

(7)    An agency shall participate in, and present facts at, a foster home licensing administrative hearing to support an agency recommendation or a department licensing action.

History: 2014 AACS.