Idaho Admin. Code r. 16.06.01.890

Current through September 2, 2024
Section 16.06.01.890 - TERMS OF CERTIFICATION FOR ADOPTION PROFESSIONALS
01.Certification. Certification for adoption professionals will be completed through the Division of Family and Community Services and will be effective for a period of two (2) years.
02.Types of Certification. Certified adoption professionals may be certified for any, some, or all of the following services:
a. Adoption home studies for families seeking domestic infant adoption.
b. Adoption home studies for families seeking domestic special needs adoption.
c. Adoption home studies for families seeking step-parent or relative adoption.
d. Court ordered investigations for termination of parental rights for domestic private or independent adoptions.
e. Court reports for domestic private or independent adoptions.
f. Supervision of adoptive placements for domestic private or independent adoptions.
03.Limits of Certification. Certified adoption professionals may not provide the following services:
a. Birth parent education or counseling.
b. Services related to international adoption.
04.Recertification. Certified adoption professionals must apply for renewal of their certificate every two (2) years and must provide the following:
a. Documentation of ten (10) hours of adoption training taken during the previous two (2) years;
b. Verification of malpractice insurance;
c. A satisfactory recommendation from the Division of Family and Community Services designee responsible for the review of the certified adoption professional's work;
d. Satisfactory recommendations from a minimum of two (2) families for whom the certified adoption professional has provided adoption services during the previous two (2) years; and
e. A certification fee of one hundred dollars ($100) to be reimbursed, less a twenty-five dollar ($25) processing fee, in the event the recertification is denied.
05.Lapse of Certification. If a certified adoption professional does not apply for recertification within two (2) years in accordance with Subsection 890.04 of this rule, this will result in a lapse of certification. Any lapse in certification will require completion of a new certified adoption professional application, documentation of ten (10) hours of adoption training during the two (2) years previous to this new application, and a new criminal history and background check.
a. If the individual applying for certification has received a Department criminal history and background check clearance within three (3) years of the date of this application and has not lived outside the state of Idaho since their last criminal history and background check, all of the following must be conducted and no disqualifying crimes or appearance on a registry found:
i. A name-based background check by the Idaho State Police;
ii. A check of the Idaho Child Protection Central Registry;
iii. A check of the Idaho Adult Protection Registry; and
iv. A check of the Idaho Sexual Offender Registry.
b. If the individual has lived outside the state of Idaho for any amount of time during the three (3) years since the previous Department criminal history and background check clearance was completed, they must get a new Department criminal history and background check clearance.
06.Denial of Recertification. The Department may choose not to recertify a certified adoption professional. Notification of denial will be made by the Department by certified mail. The notice will state the specific grounds for denial of recertification. This decision may be appealed within twenty-eight (28) days of receipt of notification under the provisions in IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." Grounds for denial of recertification are one (1) or more of the following:
a. Substandard quality of work following the development of a quality improvement plan;
b. Failure to gain ten (10) additional hours of adoption continuing education required for recertification; or
c. A demonstrated pattern of negligence or incompetence in performing the duties of a certified adoption professional.
d. Failure to maintain malpractice insurance;
e. Failure to maintain a license to practice social work in the state of Idaho. This requirement does not apply to a certified adoption professional who has maintained their initial certification that occurred prior to July 1, 2012.
07.Decertification. A certified adoption professional can be decertified by the Department at any time during a two (2) year period of certification. Notification of decertification will be made by the Department by certified mail. The notice will state the specific grounds for decertification. This decision may be appealed within twenty-eight (28) days of receipt of notification under the provisions in IDAPA 16.05.03, "Contested Case Proceedings and Declaratory Rulings." Grounds for decertification are one (1) or more of the following:
a. Conviction for a felony;
b. Negligence in carrying out the duties of a certified adoption professional;
c. Misrepresentation of facts regarding their qualifications or the qualifications of a prospective adoptive family to adopt, or both;
d. Failure to obtain Departmental review and approval of pre-placement homestudies and court reports or placement supervision reports, or both, on more than one (1) occasion;
e. Failure to maintain malpractice insurance;
f. Suspension or loss of a license to practice social work in Idaho; or
g. Practice as a certified adoption professional outside the scope of the certification.

Idaho Admin. Code r. 16.06.01.890

Effective March 15, 2022