[§346-334]  Community care foster family
home, authority over and evaluation of.  (a)  Any person in any household
who wants to take in, for a fee, any adult who is at the nursing facility level
of care and who is unrelated to anyone in the household, for twenty-four-hour
living accommodations, including personal care and homemaker services, may do
so only after the household meets the required standards established for
certification and obtains a certificate of approval from the department or its
designee.



(b)  The department shall adopt rules pursuant
to chapter 91 relating to:



(1)  Standards of conditions and competence for the
operation of community care foster family homes;



(2)  Procedures for obtaining and renewing a
certificate of approval from the department; and



(3)  Minimum grievance procedures for clients of
community care foster family home services.



(c)  As a condition for obtaining a certificate
of approval, community care foster family homes shall comply with rules adopted
under subsection (b) and satisfy the background check requirements under
section 346-335.  The department or its designee may deny a certificate of
approval if:



(1)  An operator or other adult residing in the
community care foster family home, except for adults receiving care, has been
convicted of a crime other than a minor traffic violation involving a fine of
$50 or less;



(2)  The department or its designee finds that the
criminal history record of an operator or other adult residing in the home,
except for adults receiving care, poses a risk to the health, safety, or
well-being of adults in care; or



(3)  An operator or other adult residing in the
community care foster family home, except for adults receiving care, is a
perpetrator of abuse as defined in section 346-222.



(d)  Upon approval of a community care foster
family home, the department or its designee shall issue a certificate of
approval that shall continue in force for one year, or for two years if a
community care foster family home has been certified for at least one year and
is in good standing pursuant to standards adopted by the department, unless
sooner suspended or revoked for cause.  The department or its designee shall
renew the certificate of approval only if, after an annual or biennial evaluation, the home continues to meet
the standards required for certification.



(e)  Any community care foster family home
shall be subject to investigation by the department or its designee at any time
and in the manner, place, and form as provided in procedures to be established
by the department.



(f)  The department or its designee may suspend
or revoke a certificate of approval if the department or its designee deems
that a community care foster family home is unwilling or unable to comply with
the rules adopted under subsection (b); provided that:



(1)  The suspension or revocation shall be immediate
when conditions exist that constitute an imminent danger to life, health, or
safety of adults receiving care;



(2)  A community care foster family home whose
certificate of approval has been suspended or revoked shall immediately notify
its clients and their case managers;



(3)  A community care foster family home whose
certificate of approval has been suspended or revoked may appeal to the
department through its established process, but the appeal shall not stay the
suspension or revocation;



(4)  A suspended or revoked certificate of approval
may be reinstated if the department or its designee deems that the home is
willing and able to comply with the rules adopted under subsection (b); and



(5)  A revoked certificate of approval shall be
restored only after a new application for a certificate of approval is
submitted to the department or its designee and approved.



(g)  Any community care foster family home
shall be subject to monitoring and evaluation by the department or its designee
for certification compliance and quality assurance on an annual or biennial
basis. [L 2001, c 273, pt of §1, §6; am L 2003, c 98, §3; am L 2004, c 153, pt
of §1, §§2, 5; am L 2006, c 236, §1]