Free Web Hosting by Netfirms
Web Hosting by Netfirms | Free Domain Names by Netfirms

Draft One  

New Zealand Registration Authority

 
 

Registration & Licensing Procedures

of

Accredited Foster Home Operators 

1998



Draft Discussion Document

Abstract: The concept of professional registration is a well established one. In various forms it applies to many professions which practise in New Zealand. This document offer a framework whereby registration and, eventually, licensing can be implemented whilst not being concerned about the actual academic and practical standards that may be set from time to time (NZQA will have to be involved in approval of these standards). This document looks at how registration (and licensing) and deregistration may be implemented. It gives vehicle to the procedures of review and appeal. It defines the areas of responsibility and accountability both in terms of internal practices and external creditability. This three part document must be used in its entirety - the individual parts are for clarity only and can not exist as ‘stand alone’ articles.
Peter Foster



Structure and Operations of the
New Zealand Foster Parent Registration Authority
The proposed New Zealand Foster Parent Registration Authority would be an independent statutory body responsible to the Minister. The Authority will comprise:

Foster Parent Registration Board
The task of the proposed Foster Parent Registration Board would be to determine Authority policy on all matters relating to the registration and re-registration of foster parents. This would include such matters as:

It is proposed that the Board would have between 6 to 12 part-time members, to be appointed by the Minister on the advice of, and nominated from, employers, the foster care associations, the professional associations, the universities and the parent organisations. The Chairperson would also be appointed by the Minister. Tenure for Board members and the Chairperson would be for a period of three years.

Foster Parent Registration Authority Hearings Tribunal
The task of the proposed Foster Parent Registration Authority Hearings Tribunal would be to hear and determine matters of foster parent discipline within the framework of standards and ethics prescribed by the Foster Parent Registration Authority, having regard to matters of law. The Tribunal will be the final arbiter in matters brought before it. The three members of the Tribunal would be appointed by the Minister and would include a person with the qualifications to be appointed as a judge, as President. Members of the Tribunal would be precluded from concurrently serving as members of the Board. Tenure for Tribunal members and the President would be for a period of three years.

Registrar:
The Registrar would be the chief executive officer and general manager of the proposed New Zealand Foster Parent Registration Authority. The Registrar would report to the Board and would operate within the framework of Board policy and the determinations of the Tribunal. The Registrar will be an ex-officio member of the Board. The Registrar would advise the Board on the development of policy in all matters relating to foster parent registration. The Registrar’s role would include liaison with foster parent training institutions and the implementation of Board policy about qualification requirements for registration.

Registration Branch
The task of registering and maintaining the registration of New Zealand foster parents within the framework of Board policy would be the responsibility of the Registrar, through the Registration Branch. This would include criminal record checks, verification of qualifications, conducting interviews to determine suitability, and monitoring and verification of professional development. Individual cases for which there is no existing policy would be taken to the Board by the Registrar for determination.
The proposal for a Foster Parent Registration Authority might also include responsibility for undertaking full probity checks for all foster parents in all agencies, government and non-government, without exception.
Further, it may be necessary for all non-fostering staff in all agencies to be subject to full probity checks by the Foster Parent Registration Authority or some other appropriate body. Such a checking system should be fully integrated into a whole-of-government probity checking system, given that there is significant mobility between fostering and other related fields, such as community services and health care. This would be taken into account by the Government if foster parent registration was agreed to.

Investigations Branch
The investigation of incompetent fostering and improper conduct, as defined by Board policy, would be undertaken by the Registrar through the Investigations Branch. The investigative staff would all be trained specialists independent of any employing authority. It is anticipated that investigative case work would deal primarily with referrals concerning alleged incompetence as a foster parent. However, the branch would also fulfil the function of the case management unit in so far as that unit deals with allegations of improper conduct. The branch’s tasks would include investigation, liaison with other agencies, maintenance of a data base and maintenance of the not-to-be-employed list for all agencies.

Procedure for handling allegations of foster parent incompetence
In the proposal, the employer of a foster parent whose competence is in question would write to the Registrar of the Foster Parent Registration Authority formally requesting a review of the foster parent’s registration. The employer would give the foster parent a copy of the letter and information provided by the Board about the procedure for handling allegations of foster parent incompetence. In the model, the employer must be satisfied that there is proper evidence to justify referring the case to the Authority. The Tribunal will have powers to declare unjustified referrals by employers to be vexatious. The employer would be required to provide to the Registrar: substantial evidence of incompetence in the present or previous placements evidence of reasonable attempts by the principal or previous principals to assist the foster parent overcome the areas of alleged incompetence. If the Registrar is convinced that the evidence provides adequate grounds for doing so, a contracted officer from the Investigations Branch would conduct an investigation. The nature of the investigation would be appropriate to the allegation and may involve all or some of the following:

Having received the report of the investigation, and having regard to Board policy and Tribunal precedents, the Registrar would decide whether to recommend to the Tribunal that the foster parent: is incompetent, in which case, registration would be withdrawn, be given conditional registration for a specified period subject to a further report by the employer or, if so determined by the Registrar, a second and final investigation finds foster parent is competent, in which case no action would be taken. In the proposal, the Registrar would advise the foster parent of the decision to so recommend to the Foster Parent Registration Authority Hearings Tribunal, and that the foster parent has fourteen days in which to appeal to the Tribunal against the recommendation. Having heard any appeal, the Tribunal would determine the matter. The Registrar would recommend deregistration if the foster parent failed to cooperate with the investigation. The proposed procedure would not in any way limit the right of employers to otherwise dismiss an employee according to law nor any legal entitlements for employees so dismissed.

Procedure for handling allegations of improper conduct
While the Investigations Branch’s case load would be primarily concerned with matters of foster parent competence, a small number of referrals in any one year may relate to allegations of improper conduct by foster parent. The New Zealand Child Protection Guidelines apply to all employers of foster parents. Cases referred to the CYPFS in accordance with those guidelines, but subsequently not investigated by CYPFS or Police, would come back in the proposed model for action by the employer as possible improper conduct of a sexual nature by a foster parent. The employer would be able to refer the allegations to the Foster Parent Registration Authority for investigation and determination, and would decide whether the foster parent should remain fostering during this process. In the proposal, referral of all allegations of improper conduct of a sexual nature by a foster parent to the Foster Parent Registration Authority would be mandatory for all agencies. An investigation would be carried out by an officer from the Investigations Branch of the Authority, who will report to the Registrar. Having regard to Board policy, and to precedents established by previous judgements of the Tribunal, the Registrar would decide whether to recommend to the Tribunal that: registration be withdrawn the foster parent be formally reprimanded if the conduct is determined as inappropriate rather than improper, and given conditional registration for a specified period subject to a further report by the employer or, if so determined by the Registrar, a second and final investigation found no improper conduct occurred, in which case no action would be taken. In the proposal, the Registrar would advise the foster parent of the decision to so recommend to the Foster Parent Registration Authority Hearings Tribunal, and that the foster parent has fourteen days in which to appeal to the Tribunal against the recommendation. Having heard any appeal, the Tribunal would determine the matter. The names of foster parents who have been refused registration or deregistered on the grounds of improper conduct of a sexual nature would be retained by the Authority on a not-to-be-employed list. Employers would be able to refer the names of applicants for fostering positions to the Authority to be checked against this list. Employers would also be able to refer allegations of improper conduct other than that of a sexual nature directly to the Authority. The Board’s code of ethics and professional standards will be the reference for any investigation arising from the referral.

Initial registration
In its first year of operation, all foster parents residing in New Zealand or resident in other countries but who wish to be registered in New Zealand would be eligible to apply for registration by the proposed New Zealand Foster Parent Registration Authority. Depending on the outcomes of the consultative process commencing with this discussion paper, registration of foster parents could commence from 1 Jan 2000. Initial registration would be automatic for permanent and approved foster parents in New Zealand The application fee would not apply. Foster parents in New Zealand non-government systems and agencies would be able to apply for registration directly or through their employer. Given that a criminal record check would be part of the registration process, initial registration would be granted to these foster parents subject to a satisfactory criminal record check. There would be no application fee. Graduates of New Zealand foster parent education courses in 1999 but who have not been employed as a foster parent since completion of training would be able to apply for registration. The application fee would not be required.
Foster parents resident in New Zealand but not currently employed in fostering would be able to apply directly to the Authority for registration. The application fee would apply. Foster parents and graduates of foster parent education courses in other countries who have not fostered would be able to apply for registration. Registration would include a satisfactory criminal record check. The application fee would apply.
The granting of registration would be the responsibility of the Registrar. An applicant whose application was declined would be advised in writing of the Registrar’s decision, stating the reasons for registration not being granted. There would be fourteen days in which to appeal to the Tribunal against the Registrar’s decision.

Types of registration
When fully operational, the proposed New Zealand Foster Parent Registration Authority would offer two types of foster parent registration: standard registration for foster parents who have met the criteria determined by the Board conditional registration for a specified period, determined by the Registrar following an investigation. In the proposal it will be possible to give conditional registration following an investigation related to incompetence or inappropriate behaviour. It would not be given where the Registrar determines that the foster parent’s conduct constitutes child sexual assault.

Fees
If it is decided to introduce a system of foster parent registration along the lines of the proposal canvassed in this paper, the Government would provide seeding funding for the initial establishment of the proposed Authority to ensure that it provides a quality registration service for the profession from the beginning. When fully operational the Authority would be self-funding through application and registration fees. One of the responsibilities of the Board would be to ensure that these fees were maintained at a minimum level consistent with the effective operation of the Authority. It is likely that the registration fee would be approximately $52 per annum, or about $1.00 per week, with a $50 application fee for those applying for registration. The application fee would not apply to foster parents employed in New Zealand agencies at the time of the Authority’s commencement. Part of the cost could be offset by agencies and systems requiring fewer resources to undertake what would be done by the proposed Authority. Welfare agencies and systems would need to be assured that the Authority’s processes were of sufficient rigour and consistency that their own processes could be reduced or replaced. Identification of these offsets would enable a lower fee structure.

Registration of Members of Professions

FOSTERING
The concept of professional registration is a well established one. In various forms it applies to many professions which practise in New Zealand. In whichever way it is managed, registration of professionals is usually concerned with some or all of the following:

It is common in New Zealand for the registration of professions which deliver major services to the community to be regulated by an Act of Parliament.
In New Zealand registration of this kind covers professions such as architecture, dentistry, medicine, teaching and nursing. In such instances an Act of Parliament ensures the independence of the registration authority.
Typically, in this model of registration, there is a board which is broadly representative of the profession and those associated with it, clearly defined qualification requirements, a focus on standards and ethics and a capacity for the investigation of complaints. Those who fail to meet the profession’s standards of practice or who breach its ethics find themselves liable to deregistration, a disciplinary action which for members of these professions carries a consequence of real import. Registration in these professions recognises the importance of maintaining standards and ethics and it also recognises the public interest. Registration in these instances properly balances the right of a professional person to provide a service with minimal external interference, the maintenance of standards and ethical behaviour and protection for those who use the service.
Registration typically involves the payment of an application fee and a fee for a defined period of time. While fee structures vary between professions, in New Zealand for those professions which have registration, the fee structure is generally designed to cover the administrative costs in the management of registration.

Foster Parent Registration
The idea of foster parent registration is a well-established one and exists in a variety of forms in some other countries. In general, models of foster parent registration are concerned with: ensuring the quality of fostering education ensuring suitability for the profession the maintenance of professional standards and ethical behaviour.

Recognition of qualifications
There is a well established and direct relationship between the quality of initial foster parent education and the quality of fostering. At national level in New Zealand there have been initiatives to guide and influence the development and implementation of foster parent education courses but they have not had mandatory status.
Some models of foster parent registration include the accreditation of fostering education programs as part of the registration authority’s responsibilities. In New Zealand, providers of foster parent education are autonomous institutions and there is no formal accreditation process external to the institutions.
The New Zealand’s Foster Parent Qualifications Advisory Panel would endorse university fostering education courses for employment purposes with all welfare Agencies. However, participation by the universities is not mandatory and in the non-government sector there is no formal system for endorsement of foster parent education programs. Across agencies and systems in New Zealand there are differing standards for the profession in terms of qualification requirements.
There is no minimum qualification requirement in the non-government sector, with agencies and systems having a variety of approaches.

Qualifications for employment with Welfare Agencies include specified;

A result of the present practices in New Zealand is that a foster parent who is accepted as qualified in one system or agency is not automatically deemed to be so in another.

Maintaining professional skills
Key aspects of foster parent registration relate to ensuring, maintaining and improving fostering performance. While substantial professional development opportunities are offered across all agencies and systems in New Zealand, it is not mandatory for foster parents to upgrade their knowledge and skills. In this regard fostering stands apart from those professions which have specified requirements about regularly maintaining and upgrading knowledge and skills. In such professions, fulfilling these requirements is necessary to retain the right to practise as a member of the profession.
A system of foster parent registration has the potential to provide a stronger guarantee of the quality of the New Zealand fostering profession by making re-registration contingent upon evidence of regular updating of knowledge and skills.

Guaranteeing professional standards and conduct
Models of registration in fostering and other professions often include a capacity for responding to those who fail to meet certain standards in their professional practice or conduct. This generally is done through an investigatory, disciplinary and appeals process. In this regard, agencies and systems in New Zealand are characterised by a great variety of approaches and processes. This includes processes which are highly formalised and often excessively time consuming, processes which are guided by industrially registered grievance and dispute resolution procedures, and relatively informal processes.
In this, as in other areas, there is no consistency for the profession in New Zealand. A result of this lack of consistency is that different standards apply for people who are engaged in essentially the same work.

Foster Care Program
Foster Care is a protective service for abused and/or neglected children, ages 0-17, who come from all ethnic, social and economic backgrounds. The primary goal of foster care is to reunite families or to ensure the child will leave foster care for a permanent placement. Until that time these children are in need of temporary substitute family care.

Foster Parents
are single or married, with or without children are adults, age 21 or over are needed from all economic, ethnic, and educational backgrounds are in good physical and emotional health have a good stable home have the ability to love and let go have the ability to work as members of professional teams and can demonstrate competencies in the following:

Foster Care Services
The Welfare Services have several types of foster care. The following is a brief description and requirements for each type of foster care.

Foster Care


Medical Foster Care
Emergency Home

Respite Foster Care


Use of respite care is not to exceed the required units per child per year.

Behavioural Foster Care


Individualised Care (Career)


Appendix A

New Zealand Qualifications Authority
The National Qualifications Framework (NQF) is a system designed to recognise the attainment of knowledge, understanding and skills by all people in New Zealand. Framework qualifications are quality assured and nationally recognised. Learners who "hook on" to the Framework are able to accumulate credits over time and at their own pace as they work towards a qualification. Learners are assessed against standards which tell them specifically what is required of them. When presenting themselves for further education or employment people will be able to describe to others what they know or are able to do. Because the standards are nationally agreed, learners’ achievements can be recognised in a number of contexts. Their knowledge and skills will be transferable.

Approving and Administering standards
All qualifications on the Framework are composed of registered standards - statements that describe what a learner knows or can do. The concept of assessing and measuring against standards is not new. A metre ruler is accepted as being a metre in length because it is bench marked to a ‘standard’ resting in Paris. A manufactured product carrying a national Standards mark is considered to be of high quality because it has been assessed as having met a rigorous set of specifications created by experts in that particular field. In a similar way, standards on the National Qualifications Framework are the accepted benchmarks against which an individual’s learning performance can be assessed and reported on. Standards are learning outcomes. Having qualifications based on learning outcomes is what makes Framework qualifications different from other qualifications systems (which are often focused more on outputs such as courses, or inputs such as curricula or teaching hours). Outcomes models have been endorsed by international bodies involved with funding education systems (eg. the World Bank, Asian Development Bank and the OECD).
The Framework is built on a process of consensus. Standards are drafted by expert groups (engineers for engineering standards, geographers for geography standards and so on). The draft standards are then circulated to stake holders for comment and contribution. Once standards are agreed to and registered, they are subject to review by stake holders and experts on a regular basis. This allows for standards to be refined and updated over time.
Each registered standard has a defined credit value and sits at a specified level on the Framework. Credits may be accumulated from different learning institutions or workplaces towards a single qualification without the cumbersome exemption arrangements required in the past: all organisations accredited to assess against standards recognise Framework credits awarded by others.

Eight Levels of Progression
The Framework has eight levels of progression.

There are three Framework qualifications National Certificates - at all levels but normally found at levels 1-4 National Diplomas - at levels 5 and upwards Degrees - expected to be registered on the Framework at levels 7 and 8

Standards-Setting Bodies
The expert groups which set standards and take part in the accreditation of education and training providers are known as standards-setting bodies (SSB’s), National Standards Bodies (NSB’s), Industry Training Organisations (ITO’s), Standards Implementation Bodies (SIB’s), or advisory groups. NSB’s represent learning areas eg: science, history, philosophy, while ITO’s represent industries eg. forestry, manufacturing, tourism. The most common generic term used is SSB.

Accredited Organisations
Only accredited organisations are able to assess learners against Framework standards, and award credits. Accreditation means an education provider or workplace has sufficient expertise in teaching and assessing, and adequate quality management systems to deliver what is promised to the learner. It is the organisation which is accredited, not its programmes.
The Framework system gives education and training providers much freedom to develop their own programmes. The standards state the outcomes which programmes should generate, not how they must be learned or assessed. Education and training programmes can be designed in whatever size or form is appropriate to the learners and the organisation. This flexibility leads to new types of learning and a range of assessment opportunities. These give learners greater access to learning and enable providers to use resources more effectively.

Assessments by an Accredited Provider
Assessment can be done by the representative of an accredited provider (a school, private training establishment, wananga, government training establishment or a tertiary institution) or by a registered assessor. Registered assessors are individuals registered by an Industry Training Organisation (ITO) or National Standards Body (NSB) to assess within their area of responsibility.
A wide range of evidence may be used to compare a candidate’s performance against a standard as part of the assessment process. As well as traditional tests, projects etc, an assessor can use evidence of prior achievements or evidence from the candidate’s workplace to test performance against a standard.

Moderation Methods
Consistency among assessors is gained through moderation processes which ensure that assessors have a common view on what ‘meeting the standard’ means. Moderation methods include assessor training, regional panels, moderator visits, examples of learner work and common assessment tasks.

Record of Learning
Once a learner is assessed and awarded credit, the learning institution notifies NZQA and the credit is then added to the NZQA database along with other credits achieved by the learner. Once a year, or more often if requested, the learner receives a record of all standards and qualifications he or she has achieved in the past year. This is called the Record of Learning and is an official document, useful as a credential to future employers or education providers.

ALTERNATIVE WAYS TO RECEIVE TRAINING CREDIT

(ATTACH DOCUMENTATION IN ORDER TO GET CREDIT FOR THE FOLLOWING)



FOSTER PARENT TRAINING DETAILS

TRAINING INFORMATION

Registration Number:..-----------------------------------------------

Name of LICENSED foster parent who attended training:

---------------------------------------------------------------------

Date(s) of Training:

---------------------------------------------------------------------

Training Course Title:

---------------------------------------------------------------------

City Name Where Training Was Held:

---------------------------------------------------------------------

First and Last Name of Presenter/Speaker:

----------------------------------------------------------------------

Agency Who Held Training:

----------------------------------------------------------------------

Number of Hours Completed
(for this course ONLY):

-----------------------------------------------------------------------

Contact (Name) and Phone # to verify:

-----------------------------------------------------------------------

Comments:

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

-----------------------------------------------------------------------

Authorised Signature: -----------------------------------------
 
 


New Zealand Registration Authority Board


Treatment Foster Home License




Be it known that


…………………………………………………………

 

of

 

…………………………………………………………

having been found to be in substantial compliance with N.Z.R.A.B. requirements, is having license to conduct and maintain a treatment foster home at the above address subject to the following provisions:

Number of children who may receive care at one time:…………………………………………

Sex of children who may receive care:………………………………………………………………

Age of children who may receive care:………………………………………………………………

Other provisions: (specify)……………………………………………………………………………

Certified to Level of Care………………………………………………

( Level. 1 , regular foster care, Level. 2 , special one, Level. 3 , special two, Level. 4 , therapeutic)

This license is issued in compliance with N.Z.R.A.B. rules and regulations, and shall be in effect during the period from ……………… to ……………… unless earlier revoked by the the appointed investigation authority or by the issuing agency for reasonable and just cause.

Name of Issuing Agency………………………………………………………

Registration Number: …………………………………………………………

Authorised Signature…………………………………………………………



Author - Peter Foster
Back to Main Page