DAR File No. 32464

Human Services, Child and Family Services

R512-302

Out of Home Services, Responsibilities Pertaining to an Out of Home Caregiver

NOTICE OF PROPOSED RULE

DAR File No.: 32464
Filed: 03/25/2009, 11:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add the authority citation, to list the placement priorities for a child in Out-of-Home care, and to make other nonsubstantive changes for consistency purposes.

Summary of the rule or change:

The proposed changes to this rule add the authority citation, make general wording changes for consistency purposes, outline the requirements for placing a child in the least restrictive placement that meets the child's needs, by order of priority, and clarify that background screening requirements must be met before a child may be placed with an out-of-home provider.

State statutory or constitutional authorization for this rule:

Sections 62A-4a-102, 62A-4a-105, and 78A-6-308, and Pub. L. 109-248

Anticipated cost or savings to:

the state budget:

None--There will be no increase in costs or savings to the state budget because these proposed changes clarify practice, but do not increase workload that would require additional staff or other costs.

local governments:

None--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 and persons other than businesses:

None--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.

Compliance costs for affected persons:

None--It was determined that 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. The requirement for background screening must already be met by businesses that contract with Child and Family Services for Out-of-Home Services. The rule just clarifies that this requirement must be met prior to placement of a child. 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 CAROLMILLER@utah.gov

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:

05/15/2009

This rule may become effective on:

05/22/2009

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

R512-302. [Out of Home]Out-of-Home Services, Responsibilities Pertaining to an [Out of Home]Out-of-Home Caregiver.

R512-302-1. Purpose and Authority.

(1)[A.] The purposes of this rule are to clarify:

(a)[1.] Qualification, selection, payment criteria, and roles and responsibilities of a caregiver while a child is receiving [out of home]Out-of-Home [s]Services, and

(b)[2.] Roles and responsibilities of [the Division]Child and Family Services to a caregiver for a child receiving [out of home]Out-of-Home [s]Services in accordance with Rule R512-300.

(2)[B.] This rule is authorized by Section 62A-4a-102. Sections 62A-4a-105 and 62A-4a-106 authorize [the Division]Child and Family Services to provide [out-of-home]Out-of-Home [s]Services and 42 USC Section [4]672 authorizes federal foster care. 42 USC Section [4]672 (2006)[(2000)], and 45 CFR Parts 1355 and 1356 (2008[0]) are incorporated by reference.

 

R512-302-2. Definitions.

In addition to definitions in [Section ]R512-300-2, the following terms are defined for the purposes of this rule:

(1)[A.] Caregiver means a licensed resource family, also known as a licensed foster family, and may also include a licensed kin provider or a foster family certified by a contract provider that is licensed as a child placing agency. Caregiver does not include a group home or residential facility that provides [out of home]Out-of-Home [s]Services under contract with [the Division]Child and Family Services.

(2)[B.] Cohabiting means residing with another person and being involved in a sexual relationship.

(3)[C.] Involved in a sexual relationship means any sexual activity and conduct between persons.

(4)[D.] [Out of Home]Out-of-Home Services means those services described in Rule R512-300.

(5)[E.] Residing means living in the same household on an uninterrupted or an intermittent basis.

 

R512-302-3. Qualifying as a Caregiver for a Child Receiving [Out of Home]Out-of-Home Services.

(1)[A.] An individual or couple shall be licensed by the Office of Licensing as provided in Rule R501-12 to qualify as a caregiver for a child receiving [out of home]Out-of-Home [s]Services. After initial licensure, the caregiver shall take all steps necessary for timely licensure renewal to ensure that the license does not lapse.

(2) A caregiver qualifying for an initial license and any adults living in the home shall complete criminal background checks required by Section 78A-6-308 and P.L. 109-248 before a child in state custody may be placed in that home.

(3)[B.] [The Division]Child and Family Services or the contract provider shall provide pre-service training required in [Section]Rule R501-12-5 after the provider has held an initial consultation with the individual or couple to clearly delineate duties of caregivers.

(4)[C.] The curriculum for pre-service and in-service training shall be developed by the contract provider and approved by [the Division]Child and Family Services according to [the Division's]Child and Family Services' contract with the provider.

(5)[D.] [The Division]Child and Family Services or the contract provider shall verify in writing a caregiver's completion of training required for licensure as provided in [Section]Rule R501-12-5.

(6)[E.] [The Division]Child and Family Services or the contract provider shall also verify in writing a caregiver's completion of supplemental training required for serving children with more difficult needs.

(7)[F.] Once a license[d] is issued, the caregiver's name and identifying information may be shared with the court, assistant attorney general, guardian ad litem, foster parent training contract provider, resource family cluster group, foster parent associations, the Department of Health, the Foster Care Citizen Review Board, and the child's primary health care providers.

 

R512-302-4. Selection of a Caregiver for a Child Receiving [Out of Home]Out-of-Home Services.

(1) A caregiver shall have the experience, personal characteristics, temperament, and training necessary to work with a child and the child's family to be approved and selected to provide [out of home]Out-of-Home [s]Services.

(2) An [o]Out-of-[h]Home caregiver shall be selected according to the caregiver's skills and abilities to meet a child's individual needs and, when appropriate, an ability to support both parents in reunification efforts and to consider serving as a permanent home for the child if reunification is not achieved. When dictated by a child's level of care needs, [the Division]Child and Family Services may require one parent to be available in the home at all times.

(3) An [o]Out-of-[h]Home caregiver shall be selected according to the caregiver's compatibility with the child[minor], as determined by [the agency]Child and Family Services exercising its professional judgment. The best interest of the child shall be [the agency's]Child and Family Services' primary consideration when making a placement decision.

(a) [The agency]Child and Family Services may consider the [o]Out-of-[h]Home caregiver's possession or use of a firearm or other weapon, espoused religious beliefs, or choice to school the child[minor] outside the public education system in accordance with Section 63G-4-104.

(b) [The agency]Child and Family Services may consider the child's sex, age, behavior, and the composition of the foster family.

(4) A child in [agency]state custody shall be placed with an [out of home]Out-of-Home caregiver who is fully licensed as provided in Rule R501-12. A child may be placed in a home with a probationary license[that is conditionally licensed] only if the [out of home]Out-of-Home caregiver is a child-specific[kinship] placement.

(5) An [out of home]Out-of-Home caregiver shall be given necessary information to make an informed decision about accepting responsibility to care for a child. The worker shall obtain all available necessary information about the child's permanency plan, family visitation plans, and needs such as medical, educational, mental health, social, behavioral, and emotional needs, for consideration by the caregiver.

(6) If the court has not given custody to a non-custodial parent or kin provider, to provide safety and maintain family ties, the child shall be placed in the least restrictive placement that meets the child's special needs and is in the child's best interests, according to the following priorities:

(a) A relative of the child.

(b) A friend designated by the custodial parent or guardian of the child, if the friend is a licensed foster parent.

(c) A former foster placement, shelter facility, or other foster placement designated by Child and Family Services.

[ (a) With siblings.

(b) In the home of licensed kin.

(c) With a licensed caregiver, group, or residential provider within reasonable proximity to the child's family and community, if the goal is reunification.

(d) With a licensed caregiver, group, or residential provider not in reasonable proximity to the child's family and community.

] (7) If a child is reentering custody of the [Division]state, the child's former [out of home]Out-of-Home caregiver shall be given preference as provided in Section 62A-4a-206.1.

(8) A child's placement shall not be denied or delayed on the basis of race, color, or national origin of the [out of home]Out-of-Home caregiver or the child involved.

(9) Selection of an [out of home]Out-of-Home caregiver for an Indian child shall be made in compliance with the Indian Child Welfare Act, 25 USC Section 1915 (2007), which is incorporated by reference.

 

R512-302-5. [Division]Child and Family Services' Roles and Responsibilities to a Caregiver for a Child Receiving [Out of Home]Out-of-Home Services.

(1)[A.] [The Division]Child and Family Services shall actively seek the involvement of the caregiver in the child and family team process, including participation in the child and family team, completing an assessment, and developing the child and family plan as described in [Section]Rule R512-300-4.

(2)[B.] The child and family plan shall include steps for monitoring the placement and a plan for worker visitation and supports to the [out of home]Out-of-Home caregiver for a child placed in Utah or out of state.

(3)[C.] In accordance with Section 62A-4a-205, additional weight and attention shall be given to the input of the child's caregiver in plan development.

(4)[D.] The caregiver shall be provided a copy of the completed child and family plan.

(5)[E.] The caregiver has a right to reasonable notice and may participate in court and administrative reviews for the child in accordance with 42 USC Section 475(5) and Sections 78[a]A-6-310 and 78A-6-317.

(6)[F.] [The Division]Child and Family Services shall provide support to the caregiver to ensure that the child's needs are met, and to prevent unnecessary placement disruption.

(7)[G.] Options for temporary relief may include paid respite, non-paid respite, childcare, and babysitting.

(8)[H.] The worker shall provide the caregiver with a portable, permanent record that provides available educational, social, and medical history information for the child and that preserves vital information about the child's life events and activities while receiving [out of home]Out-of-Home [s]Services.

 

R512-302-6. Roles and Responsibilities of a Caregiver of a Child Receiving [Out of Home]Out-of-Home Services.

(1)[A.] An [out of home]Out-of-Home caregiver shall be responsible to provide daily care, supervision, protection, and experiences that enhance the child's development as provided in a written agreement entered into with [the Division]Child and Family Services and the child and family plan.

(2)[B.] The caregiver shall be responsible to:

(a)[1.] Participate in the child and family team process.

(b)[2.] Provide input into the assessment and child and family plan development process.

(c)[3.] Complete goals and objectives of the plan relevant to the caregiver.

(d)[4.] Promptly communicate with the worker the child's progress and concerns and progress in completing the plan or regarding problems in meeting specified goals or objectives in advance of proposed completion time frames.

(e) Support and assist with parental visitation.

(3)[C.] The caregiver shall document individualized services provided for the child, when required, such as skills development or transportation.

(4)[D.] The caregiver shall maintain and update the child's portable, permanent record to preserve vital information about the child's life events, activities, health, social, and educational history while receiving [out of home]Out-of-Home [s]Services. The caregiver shall share relevant health and educational information during visits with appropriate health care and educational providers to ensure continuity of care for the child.

 

R512-302-7. Payment Criteria for a Caregiver of a Child Receiving [Out of Home]Out-of-Home Services.

(1)[A.] An [out of home]Out-of-Home caregiver shall receive payments according to the rate established for the child's need level, not upon the highest level of service the caregiver has been trained to provide.

(2)[B.] The daily rate for the monthly foster care maintenance payment provides for the child's board and room, care and supervision, basic clothing and personal incidentals, and may also include a supplemental daily payment based upon a child's medical need or to assist with care of a youth's child while residing with the youth in an [out of home]Out-of-Home placement. Foster care maintenance may also include periodic one-time payments for special needs such an initial clothing allowance, additional needs for a baby, additional clothing, gifts, lessons or equipment, recreation, non-tuition school expenses, and other needs recommended by the child and family team and approved by [the Division]Child and Family Services.

(3)[C.] A caregiver may also be reimbursed for transporting a foster child for visitation with a parent or siblings, to participate in case activities such as child and family team meetings and reviews, and for transporting the child to activities beyond those normally required for a family. The caregiver must document all mileage on a form provided by [the Division]Child and Family Services.

(4)[D.] The caregiver shall submit required documentation to receive payments for care or reimbursement for costs.

 

R512-302-8. Child Abuse Reporting and Investigation of a Caregiver Providing [Out of Home]Out-of-Home Services.

(1)[A.] Investigation of any report or allegation of abuse or neglect of a child that allegedly occurs while the child is living with an [out of home]Out-of-Home caregiver shall be investigated by a contract agency or law enforcement as provided in Section 62A-4a-202.5.

 

R512-302-9. Removal of a Child from a Caregiver Providing [Out of Home] Services.

(1)[A.] Removal of a child from a caregiver shall occur as provided in Section 62A-4a-206 and Rule R512-31.

 

R512-302-10. Cohabitation Not Permitted for Foster Parents.

(1)[A.] A foster parent or foster parents must complete a declaration of compliance with Section 78B-6-137 that they are not cohabiting with another person in a sexual relationship. [Beginning May 1, 2000, the division]Child and Family Services gives priority for foster care placements to families in which both a man and a woman are legally married or valid proof that a court or administrative order has established a valid common law marriage, Section 30-1-4.5. An individual who is not cohabiting may also be a foster parent if the Region Director determines it is in the best interest of the child. Legally married couples and individuals who are not cohabiting and are blood relatives of the child in [the divisions']state custody may be foster parents pursuant to Section 78A-6-307.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: [September 9, 2004]2009

Notice of Continuation: August 20, 2008

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 78A-6-308; P.L. 109-248