Nebraska Foster Family Size Regulations and Public Hearing Details

I know there are many foster families that have been anxiously awaiting the proposed family size changes from the Nebraska Department of Health and Human Services. And there are former foster families (like mine) that will be looking very closely at these changes to figure out if we can start fostering again. It’s sad to me how many great, experienced foster families have been lost to the system during the months where the current regulations have been in place. But I’m relieved to tell you that change is on the way.

(Here are my previous posts about our concerns with the current regulations and the response I initially received.)

Here are the details:

The hearing is scheduled for October 29th, 2015 at 1:00 p.m.

If you go over to the Nebraska Secretary of State’s site, you can read the proposed changes for yourself (http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000001547). I have copied the ones related to family size below:

3-001.10  Maximum Number of Persons for Whom Care Can Be Provided:  A foster parent may provide care for adults and children, including foster children and children related by blood, marriage or adoption, according to the following maximum placement limits. 

The applicable maximum placement limit for children will be reduced in an amount equal to the number of adults in the home for whom the foster parent(s) provide(s) 24 hour care and supervision.

Care provided at any time is limited to no more than six (6) children under the age of majority, including children related to the foster parent(s) by blood, marriage, or adoption, and any other child(ren) who may be living in the home.  No more than four (4) of these children may be age 12 or younger.  When the licensee is also providing care for adults requiring 24 hour supervision, the total number of children and adults for whom  care is provided cannot exceed a total of six (6). 

3-001.10A  Homes with Two Licensed Foster ParentsRatio:  No more than six children may reside in a home with two licensed foster parents.  No more than four children under age six may reside with two licensed foster parents.For every four (4) children residing in the home, at least one adult responsible for their care and supervision must reside in the home.

3-001.10B  Homes with One Licensed Foster Parent:  No more than four children may reside in a home with one licensed foster parent.  No more than two children under age six may reside with one licensed foster parent.  

3-001.10CA1  Exception:  The Department in its discretion may grant an exemption to allow a home to exceed the maximum placement limit when doing so is in the best interest of each child in the home. for the continued placement of children when five (5) or more children are receiving care in a licensed foster home and:

Personally, I think this is good news, but it all depends on how it is implemented. For those not familiar with the previous regulations, there are two major changes proposed:

-No more than 4 children under age six. (Currently it is “no more than 4 children under age 12” and prior to that it was “no more than 6 children under age 12”).

-The Department can place children in homes with more than six children when they determine it is in the best interest of each child in the home. (Currently the number is capped at 6 under age 18 with no exceptions and prior to that the number was capped at 9 under age 18.)

From my perspective as someone who has parented 23 kids ages 0-18, I am supportive of the change in age limit. Children under age 6 require a high degree of individualized care. Even kids with little to no special needs may have to have help with dressing themselves, feeding themselves, bathroom and hygiene help, getting into a carseat, going to bed, etc. This group of children needs the highest level of attention and I think the new regulations reflect a desire for them to receive it. Children over age 6 may be in school for the majority of the day, so their need for a constant caregiver may not be as intense. The new regulations also make it easier for sibling groups to stay together since it allows for 6 children under age 12 to be in a home together instead of capping that at only 4 children under age 12.

I am also supportive of the proposed exception to the limit of 6 children in a family. I like the option of flexibility for families and for DHHS in determining if a child could thrive in a large family. Some families like mine have years of experience with parenting lots of kids, we love doing it and our children are doing well. We would be willing to have increased oversight and accountability in our home to show that it could very well be in the best interests of a child to be placed with our family. There are families like mine that would be willing to do extra training or jump through extra hoops in the licensing process because we are passionate about being sure these kids have families and we only want to take them on if we can give them what they need.

But I have my own concerns about how this will actually play out. How does DHHS decide who gets this exception? What are the criteria? Will large families be willing to get licensed or remain licensed if these exceptions are exceedingly rare? Will DHHS lower their standards to try and squeeze kids into harmful situations because there’s a perceived need and not because it’s truly in “the best interest” of each child? Will those “exception” families be more likely to have children removed from their care or be looked on less favorably as permanent placements for children who need adoption if smaller family options come along? Are we creating second class foster families who can only be considered a placement of last resort for kids who seem unplaceable in other scenarios? I’m not sure how these things will be determined and who will make sure there’s appropriate accountability.

Ultimately, what I want to know is that families like mine are valued for what we have to offer. We have years of experience in child welfare, in advocating for kids, in dealing with special needs, in creating relationships with biological families, and in working well within a difficult system that tends to burn people out. We are willing to commit longterm not just to our specific kids, but to this system. I also want to know that kids have access to loving families– large or small. I want siblings to be able to stay together and be parented by people who have the experience, education and support to meet their unique needs. I hope these changes are a positive step towards providing those homes for children who need them.