Human Services, Child and Family Services

Rule R512-302

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 32942
Filed: 09/03/2009 01:49:18 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to omit the reference to the Foster Care Citizen Review Board per H.B. 63 from the 2009 Legislative General Session, and makes other changes to bring the rule in line with current practice. (DAR NOTE: H.B. 63 (2009) is found at Chapter 161, 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 Foster Care Citizen Review Board, make minor formatting and punctuation changes, and reflect that staff designated by the Department of Human Services or law enforcement will perform investigations of any reports or allegations of abuse or neglect of a child in Out-of-Home Care.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 62A-4a-102
• Pub. L. No. 109-248
• Section 78A-6-308

This rule or change incorporates by reference the following material:

• Updates: 42 USC 672, 11/03/2007

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 entities because it was determined that this rule does not apply to persons other than 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

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:

11/02/2009

This rule may become effective on:

11/09/2009

Authorized by:

Lisa-Michele Church, Executive Director

R512. Human Services, Child and Family Services.

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

R512-302-1. Purpose and Authority.

(1) The purposes of this rule are to clarify:

(a) Qualification, selection, payment criteria, and roles and responsibilities of a caregiver while a child is receiving Out-of-Home Services, and

(b) Roles and responsibilities of Child and Family Services to a caregiver for a child receiving Out-of-Home Services in accordance with Rule R512-300.

(2) This rule is authorized by Section 62A-4a-102. Sections 62A-4a-105 and 62A-4a-106 authorize Child and Family Services to provide Out-of-Home Services and 42 USC Section 672 authorizes federal foster care. 42 USC Section 672 (200 7[6]), and 45 CFR Parts 1355 and 1356 (2008) are incorporated by reference.

R512-302-2. Definitions.

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

(1) "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 Services under contract with Child and Family Services.

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

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

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

(5) "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 Services.

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

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

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

(6) 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) Once a license is issued, the caregiver's name and identifying information may be shared with the court, [a]Assistant [a]Attorney [g]General, [g]Guardian ad [l]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.

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

(1) 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 Rule R512-300-4.

(2) 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 caregiver for a child placed in Utah or out of state.

(3) 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) The caregiver shall be provided a copy of the completed child and family plan.

(5) 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 78A-6-310 and 78A-6-317.

(6) 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) Options for temporary relief may include paid respite, non-paid respite, childcare, and babysitting.

(8) 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 Services.

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

(1) 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 caregiver shall be investigated by [a contract agency]staff designated for this purpose by the Department of Human Services or law enforcement as provided in Section 62A-4a-202. 3[5].

KEY: child welfare

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

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 63G-4-104; 78A-6-308; Pub. L. 109-248