Human Services, Child and Family Services

Rule R512-11

Accommodation of Moral and Religious Beliefs and Culture

Notice of Proposed Rule

(Amendment)

DAR File No.: 33824
Filed: 07/14/2010 01:18:03 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add a purpose and authority section and to 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 and make minor formatting changes for consistency.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-105
• Section 62A-4a-106
• Section 62A-4a-120

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
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@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:

08/31/2010

This rule may become effective on:

09/07/2010

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-11. Accommodation of Moral and Religious Beliefs and Culture.

R512-11-1. Purpose and Authority.

(1) The purpose of this rule is to define procedures to accommodate the moral beliefs, religious beliefs, and culture of children and families served by the Division of Child and Family Services (Child and Family Services) according to Section 62A-4a-120.

(2) This rule is authorized by Section 62A-4a-102.[A. The Division establishes by the authority of Section 62A-4a-120 a rule to define the Division's procedures to accommodate the moral beliefs, religious beliefs, and culture of the children and families it serves. The Division incorporates by reference the following Federal statutes: 42 U.S.C. 1996b; 25 U.S.C. 1901-63; 42 U.S.C. 1305; 42 U.S.C. 2000bb1-4.]

 

R512-11-2. Definitions.

[A.](1) "Accommodate" means to adapt, adjust, or make provision to support.

(2) "Child and Family Assessment" means a document that is a collection of formal and informal assessments pertaining to the child and family identifying the strengths, resources, and needs of the family. The Child and Family Assessment is a working document used to record information, draw conclusions, and inform the Child and Family Plan.

[B.](3) "Child and Family Plan " means the collective intentions of the Child and Family Team documenting specific goals, roles, strategies, resources, and schedules for coordinated provision of assistance, supports, supervision, and services for the child, caregiver, and parents , or guardians.

[C.](4) "Child and Family Team " means a group that may consist of the child, the child's family, the [Division]Child and Family Services caseworker, the out-of-home provider, relatives, representatives of the family's moral beliefs, religious beliefs, and culture, representatives from education, health care, and law enforcement, the [g]Guardian ad [l]Litem, the parents' attorney, the [a]Attorney [g]General, and other supportive individuals as designated by the family.

[D.](5) "Culture " means the totality of socially transmitted behavior patterns characteristic of a family and includes moral beliefs and religious beliefs.

(6) "Moral beliefs" means ideas of what is right and what is wrong that shape one's outward behavior. Moral beliefs define what is decent and honorable.

[E.](7) "Religious beliefs " means faith or conviction in a system of principles or worship relating to the sacred and uniting its adherents in a community.

 

R512-11-3. [Division]Child and Family Services Responsibilities.

[A.](1) [The Division]Child and Family Services recognizes that children and families have the right to be understood within the context of their family's moral beliefs, religious beliefs, and culture.

[B.](2) When intervening with a family, [Division]Child and Family Services caseworkers shall ask the family to identify aspects of the family's moral beliefs, religious beliefs, and culture that are relevant to the care and placement of the child.

[C.](3) [The Division]Child and Family Services shall [convene]develop a Child and Family Team when engaging children and families.

[1.](a) The Child and Family Team shall discuss with the child and family any aspects of their moral beliefs, religious beliefs, and culture that they wish to have accommodated.

[2.](b) The Child and Family [Plan]Assessment shall document the moral beliefs, religious beliefs, and culture of the child and family and the accommodations requested by the child and family. It shall document the method [the Division]that Child and Family Services will employ to make the accommodation or the reasons that such accommodation is not reasonable or proper. Accommodations shall be reflected in the Child and Family Plan.

[3.](c) The decisions of the Child and Family Team related to accommodations of moral beliefs, religious beliefs, and culture shall be documented in the Child and Family [Plan]Assessment and reflected in the services and provisions made in the Child and Family Plan. Any accommodation that cannot be provided shall be explained to the child and family and noted in the Child and Family Plan.

[4.](d) When [the Division]Child and Family Services is not able to accommodate exactly some aspect of the family's moral beliefs, religious beliefs, or culture, the Child and Family Team may explore the best way to accommodate the moral beliefs, religious beliefs, or culture of the child and family.

[5.](e) The accommodations in the Child and Family Assessment and Child and Family Plan shall be periodically reviewed with the parents or caregivers, along with all other requirements, to assure that the moral beliefs, religious beliefs, and culture of the child and family are met according to the [requirements of]decisions made by the Child and Family [Plan]Team.

[D.](4) The planning and implementation of all other activities provided by [the Division]Child and Family Services [that do not require a Child and Family Team] shall identify in the Child and Family Assessment and the Child and Family Plan aspects of the family's moral beliefs, religious beliefs, and culture that are relevant to the service. Documentation shall identify any requested accommodation and the method [the Division]Child and Family Services employs to make accommodation for the child and family or the reasons accommodation is not reasonable or appropriate.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: [June 1, 2006]2010

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-106; 62A-4a-120