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Effective: 7/2/2024

12.8 Approval and Denial of Relative and Fictive Kin Foster and Adoptive Homes

Legal Authority

Introduction

​​​​​​​​A relative or fictive kin foster home is an approved Department for Community Based Services (DCBS) family foster home that provides placement for children related to the foster parent by blood, marriage, adoption, or fictive kin. Relative and fictive kin foster homes go through a separate approval process than other DCBS foster homes. ​

Practice Guidance

​​

Procedure

  1. ​The FSOS considers approval of a relative or fictive kin foster and adoptive home applicant if: 
    1. ​​The SSW has submitted the completed documents listed in the section listed below, including the SAFE Questionnaires I and II, and as completed documents are received from the family, the recruitment and certification (R&C) worker will update the case document in the TWIST screen; 1 
    2. The applicant has completed the following required Cabinet for Health and Family Services (CHFS/Cabinet) approved training for relative and fictive kin foster and adoptive parents; 
      1. ​​Pediatric Abusive Head Trauma;
      2. First Aid and Universal Precautions;
      3. Medication Administration;
      4. Medical Passports;
      5. Reasonable and Prudent Parenting;
    3. ​​The R&C worker recommends approval; and 
    4. The applicant’s ability to provide foster, adoptive, or respite service is consistent with the: 
      1. ​Cabinet’s minimum relative or fictive kin foster and adoptive home requirements; and 
      2. The needs of the families and children served by the Cabinet. 
  2. ​The R&C worker updates the case document TWIST screen as completed documents are received from the family; 
  3. The R&C worker completes a minimum of three (3) meetings with the applicant(s) and family. A minimum of one (1) meeting will be in the home of the applicant and the other two (2) meetings will be either in the home or virtual and at the discretion of the supervisor.  The meetings are structured as follows:
    1. ​​Interview 1 - Introductory, get acquainted interview;
    2. Interview 2 - Administers the SAFE Questionnaire II (QII). QII is never out of sight of the R&C worker. 2 
      1. ​Observes one or both applicants while they are completing QII. The applicants are instructed they may not talk or discuss the questionnaire. 
      2. Interview 2- When QII is completed, immediately interviews each applicant one-on-one, separately, and privately. No children or other adults should be in the home when QII is administered. QII interviews should be no longer than forty-five (45) minutes. 
    3. ​Interview 3 - Marriage or support interview. The family and others frequently residing in the home can be interviewed at this time. 
  4. ​Following each interview, completes a psychosocial inventory utilizing the SAFE Desk Guide and mitigation ratings; 
  5. Consults with the FSOS regarding the assigned SAFE Desk Guide and mitigation ratings. 

When approval is recommended

The R&C Worker:

  1. ​​Submits the following information to the R&C FSOS if approval is recommended: 3
    1. ​A completed and signed relative or fictive kin family application; 
    2. A signed Privacy and Security of Protected Health Information, Confidential and Other Sensitive Information;
    3. Proof of citizenship or legal immigrant status;
    4. DPP-1291 Foster Adoptive and Respite Home Discipline Policy;
    5. Pet vaccinations;
    6. Copy of driver's license and proof of insurance for anyone transporting children;
    7. The narrative SAFE home study; 
    8. Documentation of the results of initial background checks; 
    9. DPP-111 Foster Home Contract (foster care only); 
    10. DPP-1291 Foster and Adoptive Home Discipline Policy Agreement; 
    11. The relative or fictive kin foster and adoptive parent approval letter; and 
    12. The foster and adoptive recommendation.
  2. ​If the FSOS approves the home study, it is submitted with an approval letter to the service region administrator (SRA) or designee for signature and final approval; 
  3. Upon approval of the home study by SRA or designee, the R&C worker schedules a time to meet with the family to notify them of their approval as a relative or fictive kin foster and/or adoptive parent; 
  4. Shares a stamped, final draft copy of the home study with the relative or fictive kin foster and/or adoptive family to review during the home visit;
  5. Collects the home study to return to the office, once the family reviews and signs; 
  6. Makes corrections or changes to the home study as identified by the relative or fictive kin foster and/or adoptive family; 4 
  7. Submits the corrected copy to the FSOS for review and approval; 
  8. Provides the applicants with the final draft of the home study to review and sign, if changes are made before final approval;
  9. Distributes the approval packet as follows: 
    1. ​Original approval letter, and foster parent handbook to the relative or fictive kin foster family; 
    2. Original study and copy of the approval letter remain at the local office; and
    3. A copy of the approval letter is sent to the billing specialist
  10. ​Requests approval from the FSOS for an extension and documents in the case record, when approval packet submissions exceed four (4) months from the time of inquiry; and
  11. The SRA or designee signs the DPP-111 Foster Home Contract, and an approval letter.

Special circumstances

  1. ​​​The R&C worker completes a SAFE home study update and receives regional approval when a new spouse moves into an already approved home. 
  2. Only the SRA or designee grants approval of a relative or fictive kin foster and adoptive home if: 
    1. ​​The applicant is a personal care or family child care home provider; 
    2. An applicant or member of the household has substantiated reports of child abuse or neglect; or 
    3. An applicant or member of the household has been convicted of a misdemeanor or non-violent felony. 
  3. ​​Only the commissioner or designee grants approval of a relative or fictive kin foster home if the applicant is a current Protection and Permanency (P&P) employee as specified in SOP 12.3.1 Foster or Adoptive/Respite Home Parent Applicants-Employees or Former Employees
  4. Only the commissioner approves an adoptive home if the applicant is a current P&P employee as specified in SOP 13.13.4 Employee Adoption.
  5. Cohabitating couples that are applicants to foster/adopt will be assessed in one (1) home study. The R&C worker will discuss the implications of any future adoptions or related permanency issues. 


Approval not recommended

The R&C worker:​
  1. ​​Notifies the child’s SSW and FSOS regarding the inability to approve the applicant as a relative/fictive foster home;
  2. Will provide all information to the ongoing FSOS to determine the viability of the children remaining in the current placement. if the denial is a result of an ongoing safety risk. Schedules a meeting with the family to discuss the denial of the child-specific foster home approval and present the family with the service array and legal options moving forward if it is determined that the children may safely remain in the home;

Footnotes

  1. SAFE Questionnaire I is shared with the family in the application packet. SAFE Questionnaire II is not part of the application packet and is never mailed to the family.
  2. Questionnaire I and II must be administered to all applicants. QII may also be administered to other adults in the home or family when deemed appropriate by the R&C worker. 
  3. Additional documentation such as the DPP 107 Health form, references, etc. could be requested if needed to mitigate any concerns identified in the home study process.
  4. The R&C worker does not leave a draft copy with the family. QI or QII are not included in the home study draft and are never shared with the family. 


Documents

Revisions

​7/2/2024

Non Safety Standard Waiver Process

A child specific foster home is an approved DCBS family foster home that provides placement for children related to them by blood, marriage, adoption, or fictive kin. Child specific foster homes go through the same approval process as regular DCBS foster homes, including Pre-Service training, home assessments/visits, safety and background checks, and the SAFE Home Study. A child specific foster parent receives child specific foster care per diem reimbursement for the care of a child in the legal custody of DCBS. In order to support the approval of relative and fictive kin caregivers, non-safety waivers may be applied in the approval of child specific foster homes. Child specific foster homes should be encouraged to meet all standards for foster home approval. However, approvals shall be assessed on a case by case basis to determine waivers that may be necessary for approval.​

Non-Safety Approval Standards

Examples of non‐safety child specific foster home standards which may be considered for a waiver include, but are not be limited to:

  • ​Income: Consider flexibility regarding the income verification process. Assess how the relative is currently maintaining sufficiency, including any public assistance, including housing. For example, if they are showing an income deficit, ask them about other resources to meet the family needs (e.g. a grandmother or other relative who lives in or out of the home who helps out financially). 
  • References: References shall be attempted by two different methods. These attempts will be documented in the case record. Negative references shall be discussed during consultation with the FSOS. Further determination should be made regarding the necessity for a waiver. 
  • Separate Bed: Consider flexibility regarding the space in the home. Bed sharing may be determined to be in the best interest of the child to allow placement and stability with a relative caregiver. SSW must assess safety risks associated with bed sharing and document in the waiver request. Room sharing may occur with the relative and child on a case by case basis with the absence of safety risks. 
  • Physical Health: The applicant and all household members will be assessed for ongoing physical and mental health needs in the course of the home study process. If the family is determined to have no concerning physical or mental condition, including medication use, the DPP 107 or DPP 108 may be waived. However, if the applicant or household member disclosed a medical or mental health condition that may impact their ability to meet the short term or long term needs of a child, a DPP 107 or DPP 108 shall be required. If an applicant or household member is prescribed narcotics, multiple medications, or medication that may impair their caretaking ability, a DPP 107 or DPP 108 shall be required. DCBS may request additional information regarding the applicant’s treatment history as identified in the home study process. 
  • Marriage/ Divorce: Consider flexibility in the requirement of marriage and divorce documentation. However, the family should be made aware of long-term barriers to permanency that occur without the presence of these documents. (e.g. adoption with married but separated partners). 
  • Patterns of low risk criminal and child/adult protection history: Consider flexibility in approvals of child specific foster homes when the child’s best interest is met with placement with relative or fictive kin. DCBS shall consider the length of time and frequency of the records. In addition, the applicant’s participation and completion of treatment and services shall be considered. All requirements in SOP 12.4 Background Checks for Foster and Adoptive Parents shall be met for approval.
  • All non-safety waivers will be requested by the R&C worker via the Child Specific Non-Safety Waiver form and submitted to the FSOS. Consultation regarding this waiver should have occurred between the SSW and FSOS prior to the submission of the waiver. Waivers should be submitted as soon as the need is identified. 
  • If a family no longer requires a waiver, the R&C worker and FSOS will consult regarding the change in circumstances. Depending on the waiver, further consultation may be needed with the SRAA/SRCA prior to releasing the waiver. The waiver release will be documented in services recordings and on the original waiver form.​

  1. The R&C worker considers waivers in the following areas in the approval of a child specific foster home; 
    1. Financial references; 
    2. Personal references; 
    3. Adult child references; 
    4. Separate bed; 
    5. DPP 107 Health Information Required Information Required for Foster or Adoptive Parents, Applicants or Adult Household Members ; 
    6. DPP 108 Health Information Required for Foster or Adoptive Parents or Applicants Regarding Dependent Children;
    7. Marriage/divorce documentation; 
    8. Financial concerns; 
    9. Patterns of low risk criminal charges/convictions; 
    10. Patterns of unsubstantiated CPS/APS reports or resource links; 
  2. If in the course of the home study process the R&C worker and FSOS determine an appropriate waiver listed above is needed the R&C worker completes the CHFS Waiver of Non-Safety Standards for Child Specific Foster Home form and submits to the FSOS for review. The requested waiver will be reviewed during a consultation between the FSOS and SRAA/SRCA. This process does not require a formal meeting. 
  3. Upon receipt of the waiver, the FSOS consults with the SRAA/SRCA to discuss the circumstances and justification of the waiver request. 
  4. The waiver will be approved or denied within seven (7) business days of receipt. 
  5. The FSOS and/or SRAA/SRCA may request additional documentation or develop an action plan to mitigate risk. 
    1. Action planning may need to occur prior to approval as a child specific home; or 
    2. The home may be approved with detailed and time limited action steps. 
  6. If the SSW, FSOS, and/or SRAA/SRCA is unable to come to an agreement regarding the approval or denial of a waiver, the SRA will be the final decision making authority.​
When a waiver i​s recommended:
The R&C worker:
  1. Documents the justification and circumstances of the waiver in the SAFE home study narrative. 
  2. Meets with the applicant of the child specific foster home to discuss anyaction planning present in the waiver approval. 
  3. Completes approval process as described in SOP 12.3 Foster and Adoptive Home Applicant Assessment, upon completion of action plan items.

When a waiver is denied:
The R&C worker:
  1. Notifies the child’s SSW and FSOS regarding the inability to approve the applicant as a child specific foster home. 
  2. Will provide all information to the ongoing FSOS to determine the viability of the children remaining in the current placement. if the denial is a result of an ongoing safety risk.Schedules a meeting with the family to discuss the denial of the child specific foster home approval and present the family with the service array and legal options moving forward, if it is determined that the children may safely remain in the home.

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