(a) DFPS seeks to place children with serious and complex
medical needs in a family setting or other setting that is less restrictive
than a nursing home when DFPS determines that the child's needs can
be met in such less restrictive setting.
(b) DFPS may place a child in a nursing home only when:
(1) the child's health needs cannot be met in a foster
home, even with intensive support services;
(2) the child requires 24-hour nursing supervision
and frequent medical intervention to sustain life;
(3) the child's physician recommends nursing home placement
as the most appropriate setting to meet the child's medical needs;
and
(4) all of the Department of Aging and Disability
Services requirements for placing a child in a nursing home are met.
(c) Unless ordered by a court, a child under the age
of 18 years may not be placed in a nursing home unless the placement
has been approved by the Assistant Commissioner for Child Protective
Services or that person's designee.
(d) When a child is placed in a nursing home, DFPS
must review the child's placement at least every six months and continue
to seek a placement for the child in a less restrictive, more family-like
setting.
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