Human Services, Child and Family Services

Rule R512-10

Youth Advocate Program

Notice of Proposed Rule

(Amendment)

DAR File No.: 33256
Filed: 12/09/2009 10:55:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add a purpose and authority section, update the name of the program, and make minor formatting changes.

Summary of the rule or change:

The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties, update the name of the program, and make minor formatting changes for consistency.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-106
• Section 62A-4a-102

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes add rulemaking authority for Child and Family Services, 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 costs 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
195 N 1950 W
SALT LAKE CITY, UT 84116

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

R512-10. Youth [Advocate]Mentor Program.

R512-10-1. Purpose and Authority.

(1) The purpose of this rule is to establish criteria for a Youth Mentor Program.

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

 

R512-10-[1]2. Definition.

[A.](1) Level One: The Youth [Advocate]Mentor Program is an advocacy service for youth and families which provides support[,] and socialization activities, and assists in building self-esteem of youth who are at risk of or have been neglected or abused or who are ungovernable.

[B.](2) Level Two: In areas of the state where parent [aide]education programs do not exist, the [Y]youth [Advocate]mentor funds may pay for [a] parent [aide]education services. The parent [aide]education services would be [responsible to work]used for the purpose of working with a parent(s) who [are]is lacking in parenting, socialization, and homemaking skills.[The parent aide program policy requirements shall be the same as the youth advocate program.]

[C.](3) Level Three: This level of the Youth [Advocate]Mentor Program is characterized by providing intensive services to youth who may be seriously out of control, may have serious behavioral or emotional problems, may be substance abusers, may be preparing for independent living, or may require stringent costly out-of-home placements if less restrictive interventions are not provided. Intensive youth [advocate workers]mentors provide one-on-one intensive supervision that may include assistance to the out-of-home provider in monitoring of behavior, [client advocacy,] basic living skills training, crisis intervention[; also], as well as linkage to educational, vocational, employment, and recreational services.

 

R512-10-[2]3 . Conditions for Approval.

(1) The youth [advocate worker]mentor shall meet the following standards:

[A.](a) The [Y]youth [advocate worker]mentor shall submit fingerprints to be cleared through the Bureau of Criminal Investigation (BCI) as authorized by Section 62A-4a-[413]202.4. This check must show that the applicant has not been convicted of a felony or certain misdemeanors, which may have an impact in working with children. The [DCFS]Child and Family Services [D]database (USSDS or SAFE) shall be checked for any occurrences of child abuse. If the applicant has a substantiated child abuse report, this information, along with other information, will be taken into consideration during the application process.

[B.](b) The youth [advocate worker]mentor will receive a copy of the Department of Human Services "Code of Conduct" and will act accordingly. A signed copy of the Statement of Understanding will be included in the youth [advocate worker's]mentor's file.

[C.](c) The youth [advocate worker]mentor will sign a Motor Vehicle Insurance Certification form in which the youth [advocate workers]mentor will certify that no-fault property damage and liability coverage insurance will be maintained on any automobile used in the program.

[D.](d) Compliance with these standards will be monitored by Child and Family Services' regional staff and /or the youth mentor coordinator[ the Division of Child and Family Services (DCFS)], based on interviews, collateral contacts, and other appropriate documentation.

 

R512-10-[3]4 . Characteristics and Requirements of Youth [Advocate Worker]Mentor .

[A.](a) The youth [advocate worker]mentor shall not discriminate against the youth because of race, color, national origin, sex, religion, or handicap. The youth [advocate worker]mentor shall respect the religious and cultural practices of the [child]youth.

[B.](b) The youth [advocate worker]mentor shall have the physical health necessary to perform the responsibilities of the position.

[C.](c) The youth [advocate worker]mentor shall have no unresolved emotional or mental health needs which impede the [worker]youth mentor in performing the responsibilities of the position.

[D.](d) The youth [advocate worker]mentor shall be 21 years of age or older.

[E.](e) While working with youth, the youth [advocate worker]mentor shall demonstrate maturity, flexibility, the ability to modify expectations and attitudes, and the ability to accept and respond to the needs of youth.

[F.](f) The youth [advocate worker]mentor shall respect the relationship the youth has with the natural parents and [the agency]Child and Family Services, and shall encourage those relationships.

[G.](g) The youth [advocate worker]mentor shall have experience fostering the development of children or shall have the personal characteristics and temperament suited to working with children.

[H.](h) The youth [advocate worker]mentor shall not be dependent on the youth [advocate]mentor payments as the primary source of household income.

[I.](i) A [DCFS]Child and Family Services employee shall not be approved as a youth [advocate worker]mentor.

[J.](j) The youth [advocate worker]mentor shall not be on probation, parole, or under indictment for a criminal offense, and shall have no history of [violent] crimes involving youth.

[K.](k) The youth [advocate worker]mentor shall work cooperatively with [DCFS]Child and Family Services, the Juvenile Court, the Guardian ad Litem, the Attorney General, and law enforcement officials as authorized by the supervising caseworker.

[L.](l) The youth [advocate worker]mentor shall understand and abide by the requirements that information must be kept confidential.

[M.](m) The youth [advocate worker]mentor shall notify the caseworker and guardian of concerns.

[N.](n) The youth [advocate worker]mentor shall be trained to provide for the needs of the [children]youth they work with. The training shall be approved by [DCFS]Child and Family Services and may be provided by [the Division]the youth mentor coordinator or by other educational or social agencies in the community.

[O.](o) The youth [advocate worker]mentor shall not use any type of corporal punishment in working with [a child]youth. Infliction of bodily pain, discomfort, or degrading/humiliating punishment shall be prohibited.

 

R512-10-[4]5 . Revocation of the Youth [Advocate]Mentor Agreement.

(1) [DCFS]Child and Family Services may revoke certification upon any of the following grounds:

[A.](a) Violation of standards, agreement conditions, or the Department of Human Services Code of Conduct.

[B.](b) Conduct in the provision of service that is or may be harmful to the health or safety of persons receiving the service.

(2) If the above conditions exist , the immediate suspension or revocation of the Youth Mentor [a]Agreement shall be ordered. Written notice shall be sent to the youth [advocate worker]mentor and shall contain a statement of the basis for the order. The letter must also inform the youth [advocate worker]mentor of the right and procedure to request a reconsideration of the action.

 

KEY: child welfare, youth [advocate]mentor

Date of Enactment or Last Substantive Amendment: [October 1, 1997]2010

Notice of Continuation: January 3, 2007

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-106