Subchapter 4 - Foster Home Licensing Procedures

Section

3171. Inspection and Licensing Procedures.
3172. Foster Home Requirements.
3173. The Foster Family.
3174. Renewal and Revocation.
3175. Appealing a License Denial or Revocation.
3176. General Care for Foster Children.
3177. Recruiting and Training.

§ 3171. Inspection and Licensing Procedures.

• (a) The Mille Lacs Band Family Services department shall select one or more persons as the Foster Home Licenser. The Foster Home Licenser shall examine homes of Band members and others who seek to foster Band children. The Foster Home Licenser shall submit a recommendation to the Band Assembly, who shall act upon said recommendation within thirty (30) calendar days of receipt.

• (b) Family Services shall develop a policy for determining the maximum number of children to be placed in a licensed foster home at any given time. The policy will take into account such factors as space, help available, and family/sibling groups.

• (c) Any license issued by the Band shall apply only to the residence where the family is living at the time an application for a license is made, and a permanent change of residence automatically requires a new licensing home study and procedure. The foster care parents are required to notify the Foster Home Licenser whenever a change of residence is contemplated.

• (d) The foster care parents must also notify the Foster Home Licenser whenever a change in the household occurs. Examples of a change in the household include, but are not limited to:

  • (1) if one of the foster care parents is arrested for or convicted of a felony or gross misdemeanor crime. Such arrest or conviction shall result in an immediate suspension of the license and removal of all foster children from the home.

  • (2) if one of the foster parents moves out of the residence, or if any other person moves into the residence, the Foster Home Licenser must be informed within seventy-two (72) hours. A foster home may not have adults dwell in the residence without a prior background check. Failure to timely notify the Foster Home Licenser of a change in circumstance may result in the suspension of the license.

• (e) The Commissioner of Health and Human Services has the authority to extend reciprocity to Foster Homes licensed by other Foster Home Licensing Agencies.

• (f) The provisions of this Chapter, as well as the Placement Preferences in § 3165 of this chapter, shall be enforceable from the date of passage forward. Any Foster Homes licensed or placements before the date these provisions are passed may continue until the children are no longer placed with them.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 24.01.
Band Ordinance 36-03, § 1.
Band Ordinance 31-17.

§ 3172. Foster Home Requirements.

• (a) Physical Structure. The home shall be constructed, arranged and maintained so as to provide for the health and safety of all occupants. The Foster Home Licenser may, upon twenty-four (24) hours’ notice, inspect a foster care dwelling at any time. The Foster Home shall be free from fire and structural hazards as well as unvented gas or oil heaters. Fireplaces, space heaters, steam radiators, and hot surfaces, such as steam pipes, shall be shielded against accidental contact. Every closet door latch shall be able to be opened from the inside. All bathroom door locks shall be designed to permit the opening of the locked door from the outside in an emergency.

• (b) Housekeeping. Heating, ventilation, and light shall be sufficient to provide a comfortable, airy atmosphere. Furnishing and housekeeping shall be adequate to protect the health and comfort of the foster child.

• (c) Food Preparation and Storage. Foster Homes must have a safe and accessible water and milk supply. Food and cooking utensils shall be stored to protect from dust, vermin, leaking pipes or other contamination. Food needing refrigeration shall be stored at a temperature that will prevent spoilage and bacterial growth. Appliances regularly used in food storage and preparation shall be safe and in good working order.

• (d) Hazardous Materials. All medicines, chemicals, cleaning supplies, and other toxic substances shall be stored out of reach of children. They must not be stored with or immediately beside food products. The use of potentially hazardous materials or tools by a foster child shall be supervised.

• (e) Sleeping Arrangements. Comfortable beds shall be provided for all members of the family. Sleeping rooms must provide adequate opportunities for rest. Sleeping spaces must be consistent with the needs for privacy of the individual foster child and adequate space for personal belongings must be provided. All sleeping rooms must have a window of a type that may be opened readily and may be used for evacuation in the event of an emergency. Separate sleeping areas must be provided for children over age six (6) who are of the opposite sex. Children, other than infants and/or during times of emergencies such as illness, shall not share sleeping quarters with adults in the household. Exceptions that take into account special cultural traditions and/or the needs of large sibling group placements may be made when such exceptions are not to the detriment of the child.

• (f) Play Areas. Play space shall be available and free from hazards that might be dangerous to the life or health of the child. The Foster Home Licenser may also require outdoor play space be enclosed if necessary for safety.

• (g) Smoke Free Environment. All foster homes licensed by the Mille Lacs Band of Ojibwe shall be smoke free. Foster parents or others living in the home may smoke outside only and at a distance of ten (10) feet from any entrances or windows to the home. Ceremonial tobacco and the use of cedar, sage or sweet grass for purifying are exempt from this requirement.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 24.02.
Band Ordinance 31-17.

§ 3173. The Foster Family.

• (a) Health. All members of the household must be in such physical and mental health as will not adversely affect either the health of the child or the quality and manner of the child’s care. If necessary, the Foster Home Licenser may request that the prospective foster parents’ health shall be assessed through a physical examination administered and signed by a licensed physician, stating the family is in good health and free from any physical or mental illness that might be detrimental to a foster child. Physical handicaps of the foster parents shall be a consideration only as it affects their ability to provide adequate care to foster children or may affect an individual child’s adjustment to the foster family. Cases shall be evaluated on an individual basis with the assistance of a medical consultant when needed.

• (b) Character. Members of the foster family or household shall be of good character and habits. Good character is exhibited by qualities such as maturity, stability, flexibility, ability to cope with stress, capacity to give and receive love, and strong moral values.

  • (1) Every member of the household thirteen (13) years and older must submit to a finger-print based background check of national crime information databases.

  • (2) Any person whose background reveals any convictions involving any of the crimes below shall not be granted a Foster Home License:

    • (i) crimes of violence (including homicide);

    • (ii) rape, sexual assault, molestation, or exploitation; or

    • (iii) offenses committed against children (including child abuse).

  • (3) Household members may not have any felony or two (2) or more misdemeanor convictions within the last five (5) years for:

    • (i) physical assault;

    • (ii) battery;

    • (iii) spousal abuse; or

    • (iv) drug-related offenses.

  • (4) Exceptions concerning non-sexual felony or misdemeanor convictions may be made given adequate information is provided indicating that a change of character has occurred.

  • (5) There can be no chemical dependency problems within the household. If there have been previous issues, the chemically dependent person must present documentation that he or she has been chemically free for at least twelve (12) months. All household members age thirteen (13) and older will be asked to complete a UA upon initial license or re-license and will be subject to random UA checks thereafter or UA checks requested based on a suspicion of drug use.

• (c) Community. The person in charge of the foster home shall be of suitable temperament to care for the children, shall understand the special needs of the child as an Indian person and shall be capable of bringing the child up as an Indian person who is well-adjusted and able to get along both within the tribal community and in the non-Indian community as well. Prospective foster parents shall provide four (4) references to the Foster Home Licenser for additional information regarding the prospective foster parent’s character and role in the community.

• (d) Parenting Abilities. Foster parent’s motivation for application should be examined, as well as attitudes of significant members of the extended family regarding child placement. Foster parents should have the capacity to provide for the foster child’s needs while giving proper consideration to their own children and should have a realistic assessment of the positive and negative aspects of foster parenthood, including acceptance of the temporary nature of foster care.

• (e) Age. At least one foster parent must be at least twenty-one (21) years old (unless a member of the child’s extended family), but there is no upper age level provided the foster parent has the physical and emotional stamina to deal with the care and guardianship of a foster child. The foster parent must be willing, when necessary, to cooperate with the biological parents and must be willing to help the family re-establish necessary family ties.

• (f) Family Composition. A foster home does not necessarily have to have both a male and a female foster parent. The Foster Home Licenser may, at his discretion, certify a foster home with a single foster parent or same sex partners who wish to be foster parents, provided that each foster parent displays the outstanding qualities necessary to raise a foster child. Without specific approval by the Band Assembly, a foster home shall not be licensed whenever any member of the family is mentally ill or on convalescent status from a mental hospital or is on parole or probation or an inmate of a penal or correctional institution.

• (g) Income. The foster parent must have an income sufficient to care for all individuals in the foster home. The Foster Home Licenser may take into account any eligible foster care stipend when determining the financial ability of the foster care parents.

• (h) Young Children. Any time a pre-school foster child is placed in a foster home there must be at least one (1) foster parent in full-time attendance. For school age children, the foster parent must show the arrangements that will be made for those periods of time when both foster parents are employed. Infants and young children shall never be left alone without competent supervision.

• (i) Standards. The standards Foster Home Licenser shall use in judging the above criteria shall be those of the Mille Lacs Band Indian community.

• (j) Authorization. The Foster Home Licenser is authorized to make a complete investigation to determine the adequacy of the foster care home. The Foster Home Licenser shall be authorized to examine not only the potential foster home parents, but also any other person who is familiar with the applicants and is familiar with the type of care they provide to the children.

Historical and Statutory Notes

Source:
Band Ordinance 01-96.
Band Ordinance 31-17.

§ 3174. Renewal and Revocation.

A foster home license must be renewed every two (2) years. When reviewing for renewal, if any circumstances have changed that endangers the foster children, the Foster Home Licenser shall not renew the license and immediately place the foster children in another foster placement. The Foster Home Licenser also has the discretion to remove children from a particular foster home, and revocation of the foster home license remains at the discretion of the Band Family Services department.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.

§ 3175. Appealing a License Denial or Revocation.

• (a) If a Foster Home License is denied or revoked, the prospective foster family may appeal the decision by requesting a review from the Mille Lacs Band Commissioner of Health and Human Services.

  • (1) If the Mille Lacs Band Commissioner of Health and Human Services finds reason to believe the family is fit to be a foster home, he or she may issue a waiver of the denial or revocation, stating the reasons for issuing a license.

  • (2) Such waiver shall be submitted to the Band Assembly for a vote. The Band Assembly may seek particular input on the recommendation from the prospective foster family’s District Representative.

  • (3) If the Band Assembly upholds the denial, that decision shall be final.

• (b) Denial of a Foster Care License due to failure to comply with Federal background standards is not appealable.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 24.03.
Band Ordinance 31-17.

§ 3176. General Care for Foster Children.

• (a) Daily Routine. The daily routine of a foster child shall be such as to promote good health, rest and play habits. Specific age-appropriate agency guidelines shall be given to each foster family to follow.

• (b) Medical Care. Medical care for a child in foster care is the responsibility of the Band Family Services Department. Only the Band Family Services Department may consent to medical treatment for the child. However, the responsibility for a child’s day-to-day health needs rests with the foster parents. In case of sickness or accident to a child, immediate notice shall be given to the Foster Home Licenser and Social Worker assigned to the family. No foster child shall be given prescription medicine not specifically prescribed for him. Any prescribed medicine must be given by an adult and exactly in the manner prescribed.

• (c) Discipline. The foster care parents shall not subject the child to verbal abuse, derogatory remarks directed at the child, the child’s natural parents or relatives, or to threats to expel the child from the foster home. No child shall be deprived of meals, mail or family visits as a method of discipline. When discipline or consequences must be administered, it shall be done with understanding and reason. The method of discipline will be that which is accepted by the people of the Mille Lacs Band community.

Historical and Statutory Notes

Source:
Band Ordinance 01-96, § 24.04.
Band Ordinance 31-17.

§ 3177. Recruiting and Training.

• (a) Family Services has an ongoing obligation to recruit new foster families for licensing and to support and provide training for those interested in becoming foster parents to meet the licensing requirements.

• (b) Family Services shall provide training, or facilitate opportunities for training elsewhere, for foster parent or prospective foster parent in order to provide specialized care for children with special medical or emotional needs.

Historical and Statutory Notes

Source:
Band Ordinance 31-17.