State Regulations for Foster Parents

§ 3700.31. Number of children allowed in a foster family home.

FFCA's shall limit the number of children living with any foster family to six.
The maximum of six children includes' the foster parents own children. Exception to this requirement may be obtained in writing from the appropriate regional office of the Department

§ 3700.36. Discipline policies.

The FFCA shall provide foster parents with a copy of the discipline policy as described in § 3700.63 (relating to foster child discipline, punishment and control policy)

§ 3700.62. Foster parent requirements.

(A) Foster parents shall be at least 21 years of age.
(B) Foster parents shall pass an initial medical appraisal by a licensed physician prior to being approved. The appraisal must establish that the foster parents are physically able to care for children and are free from communicable disease. Further medical examinations may be required by the agency if the agency has reason to believe that additional medical appraisal is appropriate.
(C) Effective January 1, 1986, foster family care agencies shall require prospective foster parents to comply with section 23.1 of the Child Protective Services Law (11 P.S. § 2223.1) and Chapter 3490 (relating to child protective services----child abuse).

§ 3700.63. Foster child discipline, punishment and control policy.

(A) Discipline.
  (1) Foster children shall be directed with techniques that stress praise and encouragement.
  (2) Foster children may not be subjected to verbal abuse, derogatory remarks or threats of removal from the foster home.
(B) Punishment. The following forms of punishment are prohibited:
  (1) Abusive discipline practices.
   (2) Physical punishment inflicted upon the body.
  (3) Punishment for bedwetting or actions related to toilet training.
   (4) Delegation of punishment to another child.
  (5) Denial of meals, clothing or shelter.
  (6) Denial of elements of the service plan or ISP
  (7) Denial of communication with, or visits by, the child's family.
  (8) Assignment of physically Strenuous exercise or work solely as punishment.
(C) Control Passive physical restraint is the only allowable method of restraining a child.

§ 3700.64. Assessment of foster parent capability.

(A) The FFCA shall consider the following when assessing the ability of applicants for approval as foster parents:
  (1) The ability to provide care, nurturing and supervision to children
  (2) A demonstrated stable mental and emotional adjustment. If there is a question regarding the mental or emotional stability of a family member which might have a negative effect on a foster child, the FFCA shall require a psychological evaluation of that person before approving the foster family home.
  (3) Supportive community ties with family, friends and neighbors.
(B) In making a determination in relation to subsection
   (A) The FFCA shall consider:
     (1) Existing family relationships, attitudes and expectations regarding the applicant's own children and parent/child relationships, especially as they might affect a foster child.
     (2) Ability of the applicant to accept a foster child's relationship with his own. parents.
     (3) The applicant's ability to care for children with special needs, such as physical handicaps and emotional disturbances.
     (4) Number and characteristics of foster children best suited to the foster family
     (5) Ability of the applicant to work in partnership with an FFCA.

§ 3700.65. Foster parent training.

A foster parent shall participate annually in a minimum of 6 hours of agency approved training.

§ 3700.69. Annual reevaluation.

(A) The FFCA shall visit and inspect annually each foster family to determine continued compliance with the requirements of §3700.62 - §3700.67 (relating to foster parent requirements; foster child discipline. punishment and control policy; assessment of foster parent capability; foster parent training; foster family residence requirements; and safety requirements).
(B) The FFCA shall give each foster family written notice regarding the results of the annual evaluation. The FFCA shall give written notice to foster families of its decision to approve, disapprove or provisionally approve the foster family. The written notice shall inform the foster parents that they may appeal the FFCA's decision to disapprove or provisionally approve the foster family.

§ 3700.70. Temporary and provisional approvals of foster families.

(A) Foster families may be temporarily approved to provide foster care to children.
  (1) Temporary approval is a time-limited status which may be authorized by an FFCA when a complete assessment of the foster family has not been made prior to the placement of a foster child.
  (2) The FFCA may authorize temporary approval only if a partial assessment of the family indicates that a foster child's health or safety will not be jeopardized if placed with the temporarily approved foster family. The partial assessment shall include, at a minimum, the following:

        (I) An on-site visit to the home.
        (II) An inspection of the physical aspects of the home.
       (III) A brief assessment of the social and emotional qualities of the parents as they affect their ability to care for a foster child.
       (IV) The willingness of the parents to accept FFCA involvement and work cooperatively with the FFCA.
       (V) The ability of the parents to meet the special needs of a child taken into the temporary protective custody of an agency.

   (3) Temporary approval of a foster family may be authorized for a maximum of 60 calendar days, starting from the date on which the FFCA places the foster child with the foster family.
   (4) If an assessment verifying compliance with the requirements of § 3700.62 - §3700.67 (relating to foster parent requirements; foster child discipline, punishment and control policy; assessment of foster parent capability; foster parent training; foster family residence requirements; and safety requirements) is not completed by the FFCA within 60 days, the approval of the home terminates automatically, and foster children shall be removed from the foster family.

(B) Foster families may be given provisional approval to care for foster children.
   (1) Provisional approval of a foster family may be authorized by an FFCA when a previously approved foster family is determined, in a reevaluation, not to meet one or more of the requirements in § 3700.62-§ 3700.67.
   (2) The FFCA may authorize provisional approval only if the identified areas of regulatory noncompliance will not result in an immediate threat to the health or safety of foster children placed with the foster family.
   (3) During a period of provisional approval, the FFCA may not place additional children with the foster family.
  (4) For foster families approved before October 1, 1982, provisional approval may be maintained until children placed before October 1,1982 have left the foster family.
   (5) For foster families approved after October 1, 1982, provisional approval may be maintained for no longer than 12 months. The FFCA shall terminate the provisional approval of a foster family unable to achieve compliance within 12 months of receipt of provisional approval.

§ 3700.73. Foster parent appeal of child relocation. (A) Foster parents may appeal the relocation of a child from the foster family except under one of the following conditions:

  (1) The child has been with the foster family less than 6 months.
  (2) The removal is initiated by the court.
  (3) The removal is to return the child to his parents.
  (4) The removal is to place the child for adoption.
  (5) An investigation of a report of alleged child abuse indicates the need for protective custody removal to protect the child from further serious physical or mental injury, sexual abuse or serious physical neglect as defined in Chapter 3490 (relating to child protective services----child abuse).
(B) The FFCA shall inform foster parents in writing that they may appeal the relocation of a child in accordance with subsection (a) at least 15 days prior to the relocation of the child.
(C) Foster parents who wish to appeal the relocation of a child shall submit to the FFCA a written appeal to be postmarked no later than 15 days after the date of the notice of their right to appeal the child's relocation.
(D) Upon receipt of the foster parent's appeal, the FFCA shall date stamp the appeal and submit it to the Department's Office of Hearings and Appeals, Post-Office Box 2675, Harrisburg, Pennsylvania 17105, within 5 working days.
(E) If a foster parent submits an appeal in accordance with subsection (c) and the foster parent has the right to appeal in accordance with subsection (a), the child shall remain in the foster family home pending a decision on the appeal.
(F) Parties to an appeal of a child's relocation may be represented by an attorney or other representative.