Placement of Children in Foster Family Homes

PURPOSE: This rule sets forth the requirements for an agency to place children in foster care. (1) Initial Procedure. (A) Prior to being licensed to receive children for placement in foster care, an agency shall— 1. Comply with rules 13 CSR 35-73.010 to 13 CSR 35-73.030 as set forth by the division or demonstrate intent to comply with those rules where compliance can only be demonstrated after the agency has initiated operations; and 2. Have a current written program statement which includes the types of foster care provided, the types of services provided to the children, their families, and their foster families, and which shall be available to agency foster parent(s), parent(s), and referring agencies. (B) An agency shall place a child only in a licensed foster home, within the terms of the license. (2) If an agency places a child in a home recommended for licensure through another agency, there shall be a written agreement for each child, and the placement shall be within the terms of the current foster home license. (3) An agency shall have a signed written agreement for each child placed, outlining the expectations and responsibilities of both the agency and the foster parent(s) regarding the operation of the home, the social services to be provided, the financial arrangement, and the authority the foster parent(s) can exercise for the children placed in their home. (4) Pre-Placement Assessment. (A) An agency shall complete a pre-placement assessment to determine that removal from a child’s home is necessary. (B) The pre-placement assessment shall document whether social services were offered or provided a child and his/her family and whether alternatives to placement were explored. (5) Preparing the Child for Placement. (A) Except in emergency placements, an agency shall arrange for one (1) or more preplacement visits by the child, when indicated and possible. (B) Preparation for placement shall be appropriate to the child’s age, individual needs, and circumstances necessitating placement. (C) An agency shall document the following in each child’s case record: 1. That placement counseling has been provided for each child; and 2. The reason(s) placing the child with a foster family is in the child’s best interest. (D) The agency shall make reasonable efforts to place siblings together. When sibling placement is not a possibility the agency shall document— 1. Efforts made to place siblings together; or 2. Reasons that sibling placement is not in the child(ren)’s best interest. (E) The agency shall make reasonable efforts to place in a foster home of similar racial or cultural background in compliance with Multi-Ethnic Placement Act (MEPA). When such placement is not a possibility the agency shall document— 1. Efforts made to locate such a home; and 2. Reasons why such a resource/placement is not possible/available. (F) When more than one (1) agency is involved in a placement, both agencies shall share information and reach a mutual decision on the services to be provided. (G) The agency shall provide the following information to foster parent(s) maintaining confidentiality: 1. Written history of the child including developmental and medical history; 2. Reason(s) the parent(s) made a foster plan; and 3. A synopsis of any professional evaluation and treatment recommendations for the child (for example, medical, educational, dental, psychological, psychiatric, etc.). (6) At the time of initial placement into foster care and continuously thereafter, an agency shall maintain in the child’s case record documentation of the agency’s legal right to provide for the care of the child. This may be a court order or a signed agreement by the parent(s) or referring agency. AUTHORITY sections 207.020 and 660.017, RSMo 2016.* This rule originally filed as 13 CSR 40-73.070. Original rule filed Sept. 18, 1956, effective Sept. 28, 1956. Refiled: March 12, 1976. Amended: Filed Nov. 6, 1981, effective Feb. 11, 1982. Amended: Filed Oct. 13, 1982, effective Jan. 13, 1983. Rescinded: Filed Jan. 14, 1997, effective July 30, 1997. Readopted: Filed Feb. 6, 1997, effective July 30, 1997. Moved to 13 CSR 3573.070 and amended: Filed Sept. 7, 2018, effective April 30, 2019. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 660.017, RSMo 1993, amended 1995.