OCFP Office of Rules and Procedures	Department of Children and Family Services
	Index No: 99-14	Issuance Date: April 26, 1999
	Origin of Request: Central Office of Licensing
	Distribution: Licensing Staff, Administrative Staff, Office of Child and Family Policy (A,L,P)
	Key Words: 89 IAC 401, Licensing Standards for Child Welfare Agencies, 89 IAC 402, Licensing Standards for Foster Family Homes, Charging a Case File Maintenance Fee to Maintain a Foster Home License
	Approved by:

Interpretation

Applicable To: Licensed Foster Family Homes

Licensed Child Welfare Agencies

Policy Citation: 401.460(a): Foster family and day care homes operated and supervised by a child welfare agency shall be licensed according to the standards prescribed and published by the Department for licensing such foster family and day care homes.

402.70(g): There shall be no fee or charge for the license.

402.2 Definitions:

ALicense@ means a document issued by the Department of Children and Family Services which authorizes child care facilities to operate in accordance with applicable standards and the provisions of the Child Care Act.

Question: Can a child welfare agency charge a case file maintenance fee to foster parents to maintain the foster home=s licensing status?

Discussion: A child welfare agency has notified foster parents in writing that they do not think that it is to anyone=s advantage for the foster parent to maintain an open foster home license. In addition, the child welfare agency indicated that if the foster home chooses to maintain the foster home license, the agency would charge the foster parents a $200.00 case file maintenance fee every six months when they visit the foster home and do the required paperwork.

Subsection 401.460(a) requires child welfare agencies to license foster homes according to the Department=s Licensing Standards for Foster Family Homes. Subsection 402.70(g) of the Licensing Standards for Foster Family Homes restricts the child welfare agency from applying any fees or charges for the foster home license. The foster home licensing standards require a licensing study and forms to be completed for initial and renewal of licensure. The standards also require ongoing monitoring visits to assure compliance with the licensing standards.

Although the rule does not address a charge for the process to obtain the license document or monitor the home, the home study, paperwork and monitoring is required to obtain and maintain the license. The intent of subsection 402.70(g) is that there will not be a cost to individuals who choose to be a licensed foster parent (except for the medical reports). The license is an outcome of the process therefore, should not have a charge or fee associated with the paper work or visits.

Response: Child welfare agencies cannot apply a fee or charges to a foster home study or visits that are required by 89 IAC 402, Licensing Standards for Foster Family Homes. The foster home study and visits are a requirement of obtaining and maintaining the actual license document, therefore, subsection 402.70(g) prohibits charges or fees.