DFCS Placement staff are responsible for assessing the following allegations involving foster homes:

• Discipline policy violations. 
• Violations of Foster Care policy requirements.

Any foster home that is the subject of a report alleging discipline policy violations, or other violations of foster care policy, will be assessed by a Placement Case Manager and referred back to CPS should there be any suspicion of abuse or neglect of a child placed in the home. The state’s policy regarding the discipline of children in care emanated from the much heralded case that was decided in the United States District Court -- Taylor v. Ledbetter.

Kathy Jo Taylor was a child injured while living in an agency foster home. Her guardian ad litem filed suit against the Department of Human Resources and the case was settled in the United Stated District Court on October 6, 1989. The two general provisions of this consent order as it relates to CPS are as follows:

• The improper punishment of children in foster care is prohibited. (See “prohibited practices” under the Discipline heading in this manual) 
• The investigation of and response to alleged incidents of unsuitable care or abuse and neglect shall occur immediately (within 24 hours of receipt of referral by foster care supervisor) to ensure the continued safety of the child in the foster home placement.

The assessment of a foster home resulting from allegations of discipline or other foster care policy infractions may experience any or all of the following consequences:

• Removal of the child(ren) 
• A CPS investigation 
• Corrective Action Plan and Interview 
• Closure of the home 
• Criminal prosecution

The following guidelines are generally followed following a report of discipline and other foster care policy violations.

• If the assessment confirms an initial violation of the discipline or other foster care policy, a Corrective Action Plan (CAP) may be initiated by a Placement staff person to insure the problem is addressed and a solution underway. 
• The CAP is reviewed with the foster parents by the case Manager in a positive manner, with the added explanation that there is no CPS activity in the case. A part of the CAP includes re-teaching and support to the foster parent in effecting change in their implementation of discipline or other foster care policy issues. 
• The CAP is signed by the Case Manager implementing the plan and the foster parents involved. A copy is given to the foster parents and a DFCS copy is filed in the foster home record.
• The foster home is closely monitored for a stated period of time to assure that the requirements of the CAP are completed. 
• Foster parents are allowed only one violation of the discipline policy. However, if a second violation occurs outside a three-year period, the home may remain open based on the circumstances and at the agency's discretion. In those instances where the CPS investigation or the assessment for discipline policy violations are not substantiated, serious consideration may still be given to home closure if other serious concerns are noted. 
• When it is necessary to relocate children due to discipline policy violations, the ten-day notification to a foster family that a child is being removed from the home is waived.

The ultimate decision on closure of a foster home because of a violation of foster care policy rests with the County Director. In reaching this decision, the County Director considers factors such as the severity of the incident, the patterns and parenting history demonstrated by the foster parents, the personality of the child involved, the willingness of the foster parents to look at alternative approaches to correct the problem or change the undesirable behavior; (i.e., training or counseling), and the quality of the relationship between the foster parents and the child.

Violation of the discipline policy and the decisions made are not subject to appeal at the state level. Decisions made as a result of Child Protective Services investigations are not grievable under the Foster Parent Grievance Procedures. Even though a CPS investigation may not be substantiated, the foster home may still be closed as a result of issues/concerns arising from the investigation.

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