Regulation detail

Pa. Code 5310.131

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Pa. Code 5310.131 active

Staffing

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
MH_RESIDENTIAL (80%)
Plain-English summary

This section establishes staffing and surrogate parent requirements for Community Residential Rehabilitation Services (CRRS) serving children, covering both group home and host home settings. It requires an adult to be present whenever a child is on-site, mandates that surrogate parents in host homes undergo a structured study-evaluation process including interviews, home visits, references, and health assessments, and specifies the information CRRS providers must furnish to surrogate parents. All surrogate parents must operate under the direct supervision of a mental health professional.

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Regulation text
55 Pa. Code § 5310.131 - Staffing 

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(a)
 An adult must
 be on the site whenever a child is present. In group homes, the adult must be a
 staff member. In host homes, the adult must be a surrogate parent having
 responsibility for the daily care of the child, except where the CRRS makes
 arrangements for or approves the use of other adults to provide relief time for
 surrogate parents for a reasonable number of hours per week.

(b)
 The requirements of §
 
5310.41
 (relating to staff and
 training) apply to all CRRS group homes serving children.

(c)
 The following requirements apply to all
 CRRS host homes serving children: 
(1)
 All
 couples or individuals interested in being surrogate parent shall file a
 written application with the CRRS provider or the agency designated by the CRRS
 provider to screen surrogate parent applicants. The CRRS Provider shall
 maintain responsibility to make the final determination regarding the
 applicant's approval as a surrogate parent.

(2)
 The study-evaluation process must be used
 to determine the suitability of the applicant for surrogate parent and the type
 of children the prospective surrogate parent can best serve. The
 study-evaluation process shall assure that sufficient information is provided
 to the applicant to allow them to make an initial decision as to their
 suitability as surrogate parent.

(3)
 The study-evaluation process must include
 interviews with the applicant surrogate parent and their children. The process
 also must include one visit to the applicant's home. All family members who
 will live in the same residence as the child shall be present during at least
 one home based interview.

(4)
 The
 study-evaluation process must include references. References stating the
 applicant's ability to care for children must be provided by three persons not
 related to the applicant.

(5)
 The
 content of the study-evaluation of the applicant for surrogate parent shall
 include:
(i)
 Age, as it affects
 functioning.

(ii)
 Health,including
 a written statement from a physician, assuring the applicant freedom from
 contagious disease and ability to handle increased stress.

(iii)
 Income, sufficient to meet regular
 family expenses.

(iv)
 A dwelling
 that presents no hazards to the safety of a child and is in keeping with the
 community in which it is located.

(v)
 Family composition as it affects the
 number and type of children for whom care can be given.

(6)
 Surrogate parent capabilities must be
 assessed by giving consideration to the following factors. 
 
(i)
 Existing family relationships, attitudes,
 and expectations regarding their own children and parent-child relationships
 especially where they might affect a CRRS child.

(ii)
 The family ideas and practice in regards
 to child discipline.

(iii)

 Attitudes of significant members of the extended family regarding placement of
 a CRRS child.

(iv)
 Ability to
 accept and respect a child as the child is.

(v)
 Capacity to absorb a child into family
 life without undue disruption.

(vi)

 Capacity to meet the needs of both a CRRS child and their own child or
 children.

(vii)
 The attitudes of
 the surrogate parent's child or children to accepting a CRRS child.

(viii)
 Realistic appraisal of positive and
 negative aspects of surrogate parenthood.

(ix)
 Ability to provide continuity of care
 throughout a child's placement.

(x)

 Ability to meet changing needs over the course of a child's
 placement.

(xi)
 Ability to accept a
 CRRS child's relationship with the child's own parent.

(xii)
 Ability to care for children with
 special needs.

(xiii)
 Areas in
 which ongoing supportive services may be needed.

(xiv)
 Number and characteristics of CRRS
 children best suited to the surrogate parent family.

(xv)
 Ability to work in partnership with the
 CRRS and other agencies as required.

(7)
 The decision to approve or disapprove an
 application to be a surrogate parent must be communicated in a conference
 between the CRRS or its designated agency and the applicant and confirmed in
 writing. Reasons for approval or disapproval must be clearly stated.

(8)
 The CRRS must provide in writing the
 following information to surrogate parents: 
 
(i)
 Policies setting forth the respective
 responsibilities of the CRRS and surrogate parent in identifying and meeting a
 child's basic needs which include the physical environment, nutrition, privacy,
 involvement with schools or other community resources.

(ii)
 Policies regarding disciplinary methods
 for CRRS children which must exclude any form of abusive, degrading, or
 vindictive punishment.
(viii)
 A description of
 consultation and training which the CRRS will furnish to assist surrogate
 parent in further improving their parenting skills.

(iv)
 A procedure for reporting to the CRRS
 any emergency, serious injury or illness, or death or impending death of a
 child placed with a surrogate parent.

(v)
 A statement regarding the reimbursement
 rate which will be paid to surrogate parent.

(vi)
 A telephone number by which the CRRS may
 be contacted on a 24-hour basis.

(vii)
 A statement as to the role of the
 surrogate parent in the development and implementation of the service
 plan.

(9)
 The CRRS must
 also furnish the surrogate parent the following information to assist them in
 making a decision regarding the acceptance of a specific child. 
 
(i)
 The child's medical history.

(ii)
 The child's general behavior.

(iii)
 The child's likes and dislikes,
 including special interests.

(iv)

 The child's religious affiliation, if any.

(v)
 The child's school adjustment and
 academic performance.

(vi)
 The
 circumstances which led to CRRS placement.

(vii)
 Important life experience which may
 effect the child's adjustment, including information about prior
 placements.

(viii)
 The child's
 relationship with the child's parent.

(10)
 Surrogate parent shall be informed that
 information provided on CRRS children and their families must be kept
 confidential and shall sign an agreement to this effect.

(11)
 All surrogate parents shall be under the
 direct supervision of a mental health
 professional.

Notes

55

 Pa. Code §
 
5310.131

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