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Committee approves conditional kinship-care licensing rules after clarifying renewal language
Summary
At its September meeting the Joint Legislative Committee on Administrative Rules approved conditional rules for kinship care home licensing (item 2025-130) after staff clarified that licenses are issued for two years and can be renewed; the committee asked staff to add possible statutory cleanup to a running list.
The Joint Legislative Committee on Administrative Rules approved a conditional rule package for kinship care home licensing (agenda item 2025-130) at its September meeting after committee members and agency staff clarified how temporary permits and two‑year licenses will work.
Committee members moved to approve the conditional approval request with an oral amendment to clarify renewal language. Representative Hacken Phillips moved the motion and Representative Schmidt seconded it; the motion was carried by voice vote with no roll call recorded.
The committee considered three public comments included in the conditional approval packet. One comment noted the rules implement legislation from the 2022 session and asked why adoption had been delayed. Two comments (both cited on the same page of the packet) queried whether statute or rule needed amendment because the statute appears to allow permit renewals and shorter license periods, while the department’s public comment report said renewals or short-term licenses were not being used in practice.
Department of Health and Human Services staff responded that the package as revised addresses those concerns. Jenna Wilson, identified as the administrator of the Beacon Policy and Regulatory Unit, told the committee that “licenses absolutely are can be renewed every 2 years. It is a 2 year license period.” She said the department intentionally kept the two‑year license option so licensed kin caregivers could remain available if a child reunites with a parent and later reenters care. Wilson also explained the statute provides for a temporary six‑month permit for applicants who have not completed full licensure requirements: “So the statute provides for a temporary 6 month permit for applicants who are temporarily unable to meet the full licensure requirements.” The department said it expects most kinship applicants on a temporary permit to complete licensure within that six‑month window.
Representative Maguire pressed on cases that may last longer than two years, citing media reports of children in care for four to eight years, and asked whether a short license period could disrupt placements. Staff agreed adding clearer rule text stating a license is valid for two years and may be renewed would reduce confusion; the committee accepted an oral amendment along those lines before approving the conditional request.
Committee staff also noted the apparent statutory mismatches may require legislative cleanup. Members agreed to add the topic to a running list of possible statutory changes and to pursue a legislative service request (LSR) for any necessary statutory amendments.
The rule as approved includes language (cited in the packet as HEC 6447.17 b and f) referencing renewal “in accordance with the statute.” The department said it had added that statutory cross‑reference after Office of Legislative Services review.
The committee’s action approves conditional rule language and directs staff and the sponsoring agency to proceed with the next steps in rulemaking and, if necessary, follow up on statutory cleanup through the LSR process.
