36-593.01. Child developmental certified homes; certification; requirements; renewal; rules; definitions

A. The department may certify as a child developmental certified home a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 to care for specific foster children with developmental disabilities.

B. A regular foster home that is applying to be a child developmental certified home shall meet the requirements of this section. The child developmental certification terminates when all children with developmental disabilities leave the home or are adopted by the foster parents.

C. The department of child safety shall restrict the regular foster home license and the department of economic security shall restrict certification under this section to the specific children in the home at the time of certification consistent with the following:

1. The department of child safety may not place any additional foster child in the home after certification unless the department of economic security recertifies the home for the new placement.

2. If the department of economic security recertifies the home for the additional foster child placement, the department of child safety shall amend the restrictions on the regular foster home license and the department of economic security shall amend the restrictions on the certification to include the new placement.

D. Notwithstanding subsection C of this section, the maximum number of foster children who may be placed in a child developmental certified home at any one time may not exceed five foster children, not more than three of whom have developmental disabilities.

E. A regular foster home that is certified as a child developmental certified home under this section shall comply with the training, life safety and monitoring requirements specified by the department of economic security.

F. The department of child safety and the department of economic security shall coordinate and share all of the following information regarding each child developmental certified home:

1. Monitoring information.

2. Unusual incident reports.

3. Department of child safety information, investigations and reports pursuant to section 8-807.

4. Licensing information.

5. Changes in household composition and foster child placements.

6. Any other information necessary for the department of child safety and the department of economic security to coordinate the licensure and certification of the child developmental certified home.

G. The department of economic security shall conduct an initial and subsequent life safety inspection and monitor the child developmental certified home for compliance with the certification requirements under this section. The results of the department of economic security's life safety inspection shall satisfy the life safety inspection requirements of the department of child safety foster home license.

H. The department of child safety shall continue to monitor the child developmental certified home for compliance with regular foster home requirements.

I. The department of child safety shall pay for the cost of care of a foster child, except for a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title. The department of economic security shall pay for the cost of care of a child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title.

J. In determining whether to grant a certification under this section, the department of economic security shall consider all of the following:

1. The number of household members, including the foster parent's natural and adopted children.

2. Any special needs or developmental disabilities of household members.

3. Any other consideration determined by the department of economic security in rule that may impact a foster parent's ability to provide care for a child with a developmental disability.

K. If the foster home does not meet the requirements for certification as a child developmental certified home, the home may remain licensed as a regular foster home and continue to serve a foster child with a developmental disability who is already placed in the home if the department of child safety determines it is in the best interests of the foster child.

L. If the foster home does not meet the certification requirements under this section and the department assesses a foster child with a developmental disability who is eligible pursuant to chapter 29, article 2 of this title as needing home and community based services, the foster parent may work with the department to coordinate the provision of the assessed and authorized services.

M. A certification under this section expires annually and is subject to renewal by the department on the annual anniversary date of the regular foster home license.

N. A decision by the department to deny certification of a regular foster home for a specific foster child under this section is not appealable.

O. The department may suspend or revoke a certification under this section pursuant to title 41, chapter 6, article 6 for any one or a combination of the reasons specified in section 36-594.

P. A decision of the department of child safety to deny, suspend or revoke the underlying regular foster home license of a child developmental certified home is appealable pursuant to section 8-506. A denial, suspension or revocation of the regular foster home license is a denial, suspension or revocation of the certification under this section.

Q. The department of child safety and the department of economic security shall adopt rules to implement this section.

R. For the purposes of this section, " foster child" , " foster home" , " foster parent" and " regular foster home" have the same meanings prescribed in section 8-501.