Human Services, Child and Family Services

Rule R512-200

Child Protective Services, Intake Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 32907
Filed: 08/27/2009 03:12:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add the statutory authority for Child and Family Services to perform rulemaking duties, to remove the reference to Priority 4 response times, to add language from H.B. 22 of the 2009 Legislative General Session about the actions that Intake will perform when it receives a report concerning a runaway child, and to make minor formatting changes. (DAR NOTE: H.B. 22 (2009) is found at Chapter 19, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The proposed changes to this rule delete the reference to a Priority 4 response time, add the statutory authority for Child and Family Services to perform rulemaking duties, add language concerning the actions Intake will perform when receiving a report about a runaway child, and make minor formatting changes for consistency purposes.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 62A-4a-102

Anticipated cost or savings to:

the state budget:

There will be no increase in costs or savings to the state budget because it was determined that these proposed changes clarify practice, but do not increase workload that would require additional staff or other costs.

local governments:

There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.

small businesses:

There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There will be no increase in costs or savings to persons other than small businesses, businesses, or local government because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no cost or savings on businesses.

Lisa-Michele Church, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY, UT 84103-1500

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2009

This rule may become effective on:

10/22/2009

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

R512-200. Child Protective Services, Intake Services.

R512-200-1. Purpose and Authority[ and Purpose ].

(1)[A.] The purpose of Intake Services is:

(a)[1.] [t]To receive and evaluate whether an investigation is needed;

(b)[2.] [a]Assign for investigation[,] referrals of suspected child abuse, neglect, and dependency.

(2)[B.] Pursuant to Section 62A-4a-105 and 62A-4a-403, [the Division of ]Child and Family Services[(DCFS)] is authorized to provide CPS[child protective services].

(3) This rule is authorized by Section 62A-4a-102.

R512-200-2. Definitions.

(1)[A.] The following terms are defined for the purposes of this rule:

(a) "Child and Family Services" means the Division of Child and Family Services.

(b) "CPS" means Child Protective Services.

(c)[1.] "SAFE "[:] means Child and Family Services'[DCFS'] Child Welfare Management Information System.

R512-200-3. Scope of Services.

(1)[A.] Qualification for Services.

(a)[1.] [DCFS]Child and Family Services will maintain a system for receiving referrals or reports about child abuse, neglect, or dependency. The system shall supply Child and Family Services CPS[DCFS Child Protective Services (CPS)] workers with a complete previous [Division]Child and Family Services history for each child, including siblings, foster care episodes, all reports of abuse, neglect, or dependency, treatment plans, and casework deadlines.

(2)[B.] Priority of the referral.

(a)[1.] [The Division]Child and Family Services establishes CPS priority time frames as follows:

(i)[a.] A Priority 1 response shall be assigned when the child referred is in need of immediate protection. Intake will begin to collect information immediately after the completion of the initial contact from the referent. As soon as possible thereafter , [i]Intake will obtain additional information, staff the referral to determine the priority, notify law enforcement, and assign to the [DCFS]Child and Family Services CPS worker. Intake shall provide the [DCFS]Child and Family Services CPS worker with information concerning prior investigations on SAFE. The [DCFS]Child and Family Services CPS worker has as a standard of 60 minutes from the time Intake notifies the worker to initiate efforts to make face-to-face contact with an alleged victim. For a Priority 1R (rural) referral, a [DCFS]Child and Family Services CPS worker has, as a standard, three hours to initiate efforts to make face[ ] -to[] -face contact if the alleged victim is more than 40 miles from the investigator who is assigned to make the face-to-face contact.

(ii)[b.] A Priority 2 response shall be assigned when physical evidence is at risk of being lost or the child is at risk of further abuse, neglect, or dependency, but the child does not have immediate protection and safety needs, as determined by the Intake checklist. Intake will begin to collect information as soon as possible after the completion of the initial contact from the referent. As soon as possible Intake will obtain additional information, staff the referral to determine the priority, assign the referral to the [DCFS]Child and Family Services CPS worker, and notify law enforcement. Intake shall give verbal notification to the assigned [DCFS]Child and Family Services CPS worker. Intake shall also provide the [DCFS]Child and Family Services CPS worker with information concerning prior investigations on SAFE. The [DCFS]Child and Family Services CPS worker has, as a standard, 24 hours from the time Intake notifies the worker to initiate efforts to make face-to-face contact with the alleged victim. Notification of a Priority 2 referral received after normal working hours (8:00 a.m. through 5:00 p.m.) shall occur as early as possible following morning.

(iii)[c.] A Priority 3 response shall be assigned when potential for further harm to the child and the loss of physical evidence is low. Prior to transferring the case to a Child and Family Services CPS worker, Intake [worker ]will obtain additional information, research data sources, staff the referral as necessary, determine the priority, complete documentation including data entry, make disposition to CPS, and notify law enforcement. Intake shall also provide the [DCFS]Child and Family Services CPS worker with information concerning prior investigations on SAFE. The [DCFS]Child and Family Services CPS worker will make the face-to-face contact with the alleged victim within a reasonable period of time.[

d. A Priority 4 response shall be assigned when one or more of the following apply and there are no safety or protection issues identified:

1. A juvenile court or district court orders an investigation where there are no specific allegations of abuse, neglect, or dependency (unless otherwise ordered by the court).

2. There is an alleged out-of-home perpetrator (an alleged perpetrator who does not reside with or have access to the child) and there is no danger that critical evidence will be lost.

3. An agency outside the state of Utah requests a courtesy investigation, and the circumstances in the case do not meet the definition of a priority 1, 1R, 2, or 3.]

(3) If Child and Family Services received a report concerning a runaway child, Intake will gather information to determine if there is an allegation of abuse, neglect, or dependency that requires a CPS referral or will refer the caller to contact a youth services agency in accordance with Section 62A-4a-501.

(4)[C.] Out-of-State Abuse or Neglect Report.

(a)[1.] [DCFS]Child and Family Services will take reasonable steps to ensure that reports of abuse or neglect are referred for investigation to the appropriate out-of-state agency and shall take reasonable steps to adequately protect children in Utah who were victims of abuse in another state or country from the alleged perpetrator.

(b)[2.] When the referent identifies an incident of abuse or neglect that occurred outside Utah but the child is in Utah at the time of the referral, the [DCFS]Child and Family Services CPS worker shall:

(i)[a.] Obtain all the information needed to complete a referral.

(ii)[b.] Determine whether the child is at risk of abuse or neglect from the alleged perpetrator.

(iii)[c.] Contact the [child protective service]CPS agency in the state where the incident of abuse occurred and complete the referral process of that state.

(iv)[d.] Assign the referral to a [DCFS]Child and Family Services CPS worker for a courtesy interview and coordination with the other state's investigation, when requested.

(v)[e.] In domestic violence related child abuse cases, recognize another state's protective order.

(vi)[f.] If the other state refuses to open an investigation or the investigation is contrary to the evidence acquired in Utah, the referral shall be assigned to a [DCFS]Child and Family Services CPS worker for investigation. The [DCFS]Child and Family Services CPS worker completing the investigation shall review the case with the Attorney General's Office for assistance with jurisdictional issues.

(5)[D.] When a referent identifies an incident of abuse or neglect that occurred in Utah, and the child is not in Utah at the time of the referral, the Intake worker shall:

(a)[1.] Obtain all the information needed to complete a referral.

(b)[2.] Determine the location of the child and the length of time the child will be at their current location. If the child will be outside the state of Utah longer than 30 days, a request for courtesy casework will be made in the state where the child is currently located.

(c)[3.] If the child is determined to be at risk, a request will be made for courtesy casework within the priority time frame.

(6)[E.] The Department of Health Child Care Licensing unit and/or the [DHS]Department of Human Services Office of Licensing and appropriate [DCFS]Child and Family Services staff shall be notified by Intake when [DCFS]Child and Family Services receives a referral for an allegation of child abuse, neglect, or dependency against a licensed child care provider or out-of-home care provider. The referral shall be forwarded to the assigned personnel[contracted entity] for conflict of interest investigations when the allegation involves a child living in substitute care while in protective custody or temporary custody of [DCFS]Child and Family Services, or any other [DCFS]Child and Family Services conflict of interest.

(7)[F.] Availability.

(a)[1.] CPS [Services ]are available in all geographic regions of the state.

KEY: social services, child welfare, domestic violence, child abuse

Date of Enactment or Last Substantive Amendment: [ September 3, 2003 ] 2009

Notice of Continuation: August 20, 2008

Authorizing, and Implemented or Interpreted Law: 62a-4a-102; 62A-4a-105