[§346-334]  Community care foster familyhome, authority over and evaluation of.  (a)  Any person in any householdwho wants to take in, for a fee, any adult who is at the nursing facility levelof care and who is unrelated to anyone in the household, for twenty-four-hourliving accommodations, including personal care and homemaker services, may doso only after the household meets the required standards established forcertification and obtains a certificate of approval from the department or itsdesignee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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