Human Services, Child and Family Services

Rule R512-51

Fee Collection for Criminal Background Screening for Prospective Foster and Adoptive Parents and for Employees of Other Department of Human Services Licensed Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 32905
Filed: 08/27/2009 02:56:37 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to omit the reference to the Board of Child and Family Services per H.B. 306 from the 2009 Legislative General Session, to add statutory authority for Child and Family Services to perform rulemaking duties, and makes minor formatting changes. (DAR NOTE: H.B. 306 (2009) is found at Chapter 75, 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 the Board of Child and Family Services, add the statutory authority for Child and Family Services to perform rulemaking duties, and make minor formatting changes for consistency purposes.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Pub. Law No. 109-248
• Section 78A-6-308

Anticipated cost or savings to:

the state budget:

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:

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 small businesses, businesses, or local government entities because it was determined that this rule does not apply to small businesses, businesses, or local government entities.

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, Departmen

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:

10/15/2009

This rule may become effective on:

10/22/2009

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

R512-51. Fee Collection for Criminal Background Screening for Prospective Foster and Adoptive Parents and for Employees of Other Department of Human Services Licensed Programs.

R512-51-1. Purpose and Authority.

(1)[A.] The purpose of this rule is to enable the Division of Child and Family Services (Child and Family Services) to collect fees for processing criminal background screenings. These screenings are for prospective foster and adoptive parents of children in state custody and other adults in the home as required by Public Law 109-248 and Section 78A-6-308. These screenings are also for employees of other licensed programs upon request of the Office of Licensing as authorized by Section 62A-2-120, as capacity allows.

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

R512-51-2. Fee Collection for Electronic Fingerprint Scanning.

(1)[A.] It is the responsibility of Child and Family Services Regional Offices to collect fees for electronic fingerprint scanning for the purpose of criminal background screening for prospective foster and adoptive parents of children in state custody and other adults in the home and for employees of other Department of Human Services licensed programs.

(2)[B.] The amount of the fee charged for electronic fingerprint scanning will be approved by [the Board of ]Child and Family Services as required by Section 62A-4a-102 and will not exceed the amount being charged for the same service from the Department of Public Safety, Bureau of Criminal Identification.

R512-51-3. Fee Collection for Cost of Submission of Electronic Fingerprints for Criminal Background Check.

(1)[A.] Child and Family Services has the option to collect fees for all or part of the actual cost of submission of electronic fingerprints for criminal background checks through the Department of Public Safety, Bureau of Criminal Identification and the Federal Bureau of Investigation.

(2)[B.] Child and Family Services may elect to pay all or part of this cost for prospective foster and adoptive parents of children in state custody and other adults in the home, subject to legislative funding for this purpose.

(3)[C.] Child and Family Services will not pay any of the cost of submission of electronic fingerprints for criminal background checks for employees of other Department of Human Services licensed programs, but may submit the electronic fingerprints upon verification of payment of those fees by the Office of Licensing or designee.

KEY: criminal background screening, fees, foster care, adoption

Date of Enactment or Last Substantive Amendment: [ November 7, 2007 ] 2009

Authorizing, and Implemented or Interpreted Law: Pub. L. No. 109-248; 62A-4a-102; 78A-6-308