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Committee adopts a package of foster-care rule changes including temporary rules to expand placements and clarify registry appeals

2978891 · January 14, 2025
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Summary

The committee approved multiple temporary and pending rule dockets that loosen some licensing requirements, add limited payments for high-need placements, clarify Child Protection Central Registry appeals timing, and adopt the reasonable and prudent parent model for foster placements.

The House Health and Welfare Committee approved a series of rule dockets affecting foster care licensing, placement and administrative review, including temporary rules that the department said are already in effect.

Director Alex Adams said the department's priority is "quality over quantity" and described an effort to reduce unnecessary red tape across 1,200 pages of department rules. Adams highlighted foster-care licensure changes intended to increase foster-family supply and simplify adoption from state custody, including a temporary licensure rule that took effect July 1 and objective changes to eliminate subjective requirements.

The committee adopted multiple related dockets presented by Jared Larson, including temporary extensions and a consolidated rewrite of the children and family services chapter that incorporates the temporary items the committee considered. Key elements the department and subject-matter witnesses described:

- Crisis-level discretion and supplemental payments: A temporary rule (docket 1606012402) allows the department to use existing funds to make time-limited extra payments to Family Alternate Care Providers in rare high-need situations, such as large sibling groups or high-acuity children. Andy Blackwood, Bureau Chief, said this provision can be used within current budget allocations and noted that at one point the department considered up to $150 per child per day as a reference point when deciding appropriate payment levels.

- Central Registry appeals timing: The rules clarify administrative review timelines for the Child Protection Central Registry. Blackwood said the department must provide the person being substantiated with the information that led to the decision within 14 days (department requirement) and that individuals have 28 days to request administrative review. The committee discussed due-process concerns; Blackwood said registry records are closed and released only with consent for employment or background checks and that the registry generally records only the fact of substantiation.

- Prudent parent model and licensing changes: The committee adopted repeal-and-replace dockets that implement the National Model Licensing Standards (referred to in discussion as the Trump-era national model) and adopt the reasonable and prudent parent model for foster-care decisions. The replacement dockets lower the minimum age for prospective foster parents from 21 to 18 in limited circumstances, permit the department to absorb reasonable costs to meet home safety standards (smoke detectors, fire extinguishers), and shorten some administrative timelines for reactivation of licenses.

- Reactivation and experienced foster parents: A temporary rule allows prior foster parents who want to reactivate licenses to do so more quickly without repeating all training, provided they attest they have maintained conformity with required standards. The department said at least three families have used the reactivation pathway in the current period.

- Visitation protections: Another temporary rule (docket 1606012404) sets supervised-visitation standards for parents substantiated at level 1 or 2 for certain abuse types, requiring direct supervision during visits and prohibiting lapsit and unsupervised conversations when safety concerns exist.

Committee members pressed on specifics: Representative Rubel and others asked whether strikeouts in the consolidated rewrite moved adoption and criminal-history checks elsewhere; Blackwood explained the chapter was reorganized and that background checks remain required but were consolidated into a different section. Representative Kaler and others pressed the department on background-check timing for adults moving into foster homes; Larson agreed to work with members to refine language, noting emergency scenarios can arise where immediate placement flexibility is needed. Representative Fuhrman asked about firearms storage; Julie Sepcak, a child-welfare program manager, said the national model standard followed requires firearms to be locked and ammunition stored separately in locked containers.

Votes at a glance: The committee adopted all foster-care-related dockets considered that day by voice votes. The transcript records motions to adopt and committee approval by aye voice votes for the following items (see actions for docket-level provenance):

The department and committee said the intent is to expand foster-family capacity while keeping safety measures such as supervised visitation and consolidated background checks in place.

Ending: Several items were temporary rules that the department said are already in use; the committee approved them and a consolidated rewrite, and the department will continue to coordinate with legislators on fine-tuning timelines and technical language.