Human Services, Child and Family Services

Rule R512-1

Description of Division Services, Eligibility, and Service Access

Notice of Proposed Rule

(Amendment)

DAR File No.: 33834
Filed: 07/15/2010 09:31:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add a purpose and authority section, add specific language about rights of parents, update terminology, 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, add language specifying that caseworkers recognize the rights of parents to raise, manage, train, educate, provide for, and reasonably discipline their children, make revisions to update terminology, and make minor formatting changes for consistency.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 62A-4a-102
• Section 62A-4a-103

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 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 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 [email protected]
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at [email protected]

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.

R512-1. Description of Division Services, Eligibility, and Service Access.

R512-1-1. Purpose and Authority.

(1) The purpose of this rule is to clarify the scope of services the Division of Child and Family Services (Child and Family Services) provides to families in Utah.

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

 

R512-1-[1]2. Introduction.

[A.](1) Pursuant to Sections 62A-4a-103 and 62A-4a-105, [the Division of] Child and Family Services[ (DCFS)] is authorized to provide programs and services which support the strengthening of family values, including services which preserve and enhance family life and relationships; protect children, youth, and families; and [which] advocate and defend family values established by public policy and advocacy and education.

[B.](2) Child Welfare Services shall be made available for children who are abused, neglected, exploited, abandoned; for those whose parents are unable to care for them; and for the assisting of youth who are ungovernable or who are runaways. [Spouse abuse]Domestic violence services shall be made available to assist adult victims who have been abused or threatened by their partners.

[C.](3) [The Division]Child and Family Services shall provide protective services, services given in the family home, short-term temporary [shelter care]crisis placement services, [and] out-of-home placement , and adoption services. The "Best Interest of the Child" shall be the guiding principle used in making decisions for those served by [the Division]Child and Family Services.

[D.](4) The programs administered by [the Division of] Child and Family Services have been established to help children remain with their families, to solve [any appropriate] problem s in their homes, and, if that is not possible, to place them in [substitute]out-of-home care for as short a time as possible. When [the Division]Child and Family Services finds that return of a child to the family will never be possible, adoption or guardianship shall be sought to insure a permanent family for the child. [The Spouse Abuse]Domestic violence services shall provide comprehensive assistance to adult victims of [abuse]domestic violence, their dependent children, and in some cases, to the abusive [spouse or] partner so that families can be restored to harmony or helped to develop new, more productive ways of life.

[E.](5) [The Division]Child and Family Services shall provide its services through local offices situated throughout the state. These offices are listed in telephone directories under Utah State Department of Human Services, Division of Child and Family Services and also on Child and Family Services' website.

[F.](6) The State [Division]Office of Child and Family Services located in Salt Lake City shall operate as the central office to administer Child Welfare programs, which include:

(a)[(1)] [p]Program planning,

(b)[(2)] [policy]Practice guideline development,

(c)[(3)] [t]Training and consultation,

(d)[(4)] [p]Program financing,

(e)[(5)] [a]Administration of the Interstate Compact on Placement of Children (ICPC) and the Interstate Compact on Adoption and Medical Assistance (ICAMA),

(f)[(6)] [l]Legislative and federal liaison, and

(g)[(7)] [i]Information and referral.

 

R512-1-[2]3. Prevention Services.

[The Division]Child and Family Services will either provide for, or contract for, any of several child abuse and neglect prevention services. Most prevention services shall be provided and funded according to the requirements of Section 62A-4a-309, known as the Children's Trust Account legislation.

 

R512-1-[3]4. Intervention Services.

[A.](1) Protective Services. Child abuse and neglect investigation and services shall be provided to eligible clients. All referrals received alleging child abuse and neglect will be screened for assessment and/or investigation[investigated] in accordance with the provisions of Section 62A-4a-409. [The Division]Child and Family Services' caseworkers recognize that parents have the right, obligation, responsibility, and authority to raise, manage, train, educate, provide for, and reasonably discipline their children. They also recognize that removal affects these rights, creating a long-term impact on children. Child and Family Services' caseworkers are dedicated to maintaining children with their family when circumstances and services can make it safe for the children to remain home. Child and Family Services will determine whether or not a child has been abused or neglected, or is in danger thereof, and shall take necessary action to protect the child from potential danger. Temporary care of children in [shelter homes]crisis placements may be provided when children cannot be returned home due to the likelihood of further abuse or neglect. The parents of a child in [shelter care]a crisis placement will be kept informed of the child's health and safety and will be involved in developing plans for themselves and their child. If parents desire to visit their child in [shelter care]a crisis placement, [shelter] staff will arrange, as appropriate, visits with the child at the location designated by [shelter] staff[ but not at the shelter home]. Assessment and treatment services will be provided to victims of child sexual abuse and their families.

[1.](a) Access. Investigations and/or assessments will be conducted using all appropriate referrals of alleged child abuse or neglect.

[2.](b) Eligibility. A report of occurrence of child abuse or that a child is at risk thereof will constitute sufficient eligibility.

[B.](2) Youth Services. Short-term crisis counseling services and shelter to runaway, homeless, and ungovernable youth and their families[,] may be provided in order to stabilize the family.

[1.](a) Access. Any youth, family, or other agency can access services defined in this rule, as long as the child is determined to be homeless, [or] ungovernable, or a runaway.

[2.](b) Eligibility. Youth who are either homeless[,]or ungovernable[,] or who have run away shall be eligible.

 

R512-1-[4]5. [Home-Based]In-Home Services.

[A.](1) In-Home Services. [The Division]Child and Family Services [shall]may offer services to families whose children are in their own homes, yet who are at a risk of or who have suffered from abuse or neglect. Services will be voluntary or court ordered, and shall be intensive to avoid unnecessary placement of children in [substitute care]protective custody. These services [shall]may include[, but not be limited to]:

(a)[(1)] [h]Homemaker,

(b)[(2)] [c]Child day care,

(c)[(3)] [d]Day treatment for preschool children,

(d)[(4)] [t]Treatment for children who have been sexually abused,

(e)[(5)] [p]Protective supervision, and

(f)[(6)] [f]Family preservation services.

[1.](a) Access. Only families referred by [DCFS]Child and Family Services staff shall be provided these services.

[2.](b) Eligibility. A family must be determined to be in a state of crisis and children shall be at risk of abuse or neglect. Clients receiving treatment for preschool children and sexual abuse treatment may be required to pay a fee based on the family's ability to pay. Fees shall be calculated as a percentage of family income up to the total cost of the service. Clients receiving child care as a protective service shall not be assessed a fee; however, if the family is receiving child care and paying a fee prior to protective services, they will continue to pay day care fees.

[B.](2) Custody Studies. Upon an order of the District Court, [the Division]Child and Family Services may engage in and complete child custody studies.

[1.](a) Access. Access shall be authorized by receipt of a District Court Order.

[2.](b) Eligibility. A District Court Order will provide eligibility. The parties to the action shall be assessed a fee based upon income. Fees shall be determined from the Department fee schedule #1 for low income families. A separate fee schedule shall provide for parents to pay up to the total cost of the study based upon income for families above 150% of the median income.

[C.](3) [Family]Domestic Violence Services. For adult victims of [family]domestic violence and their minor children, shelter care facilities may be provided in order to protect the adult victim and the ir children from further violence. Short-term counseling may be provided to the family while in shelter, and treatment services [shall]may be offered to the perpetrator of the abuse in order to stop the violence and maintain the family as a unit. Children of abused [spouses]partners eligible for [D]domestic [V]violence services may receive child care without a fee as part of the protective services provided to the family.

[1.](a) Access. The adult victim of family violence shall have access to the services listed above by requesting protection or by referral.

[2.](b) Eligibility. The only eligibility factor is that the adult victim shall have been abused by the ir [spouse]partner or some other member of the family. The perpetrator may be assessed, through court order, for the costs of [the Division's]Child and Family Services providing these services.

 

R512-1-[5]6. Out-of-Home Care Services.

[A.](1) The following definitions apply to this section:

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

[2.](b) "Involved in a sexual relationship" means any sexual activity and conduct between persons.

[3.](c) "Residing" means living in the same household on an uninterrupted or an intermittent basis.

[B.](2) Foster [C]care and [G]group [C]care. Child placement services may be provided when parents are unable to meet their children's needs within the family. [The Division]Child and Family Services has authority to place a child when the state has been granted custody through a court order, or when a voluntary agreement has been signed by the parents, or when the child is from another state and is covered by the [Interstate Compact for the Placement of Children]ICPC. The intent of foster care or group care is to insure a permanent home for each child. This may be achieved through a return to the home, or through adoption, [emancipation,] guardianship, or [permanent foster care]individualized permanency services. A [P]permanency [P]plan for each foster child, defining the goal and steps to be taken to achieve permanency, shall be formulated. Periodic reviews shall be held at least once every six months to assess progress achieved within the [P]permanency [P]plan, and to project a likely date for returning the [youth]child to the family home or to another permanent home arrangement. A dispositional hearing shall be held every [18]12 months from the date of placement to determine the future status of the child. Foster care shall be provided in licensed family homes. A foster parent or foster parents must complete a declaration of compliance with Section 78B-6-[137]117 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 [R]region [D]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']the custody of Child and Family Services may be foster parents[ pursuant to Section 78A-6-307]. Group care shall be provided in licensed facilities which offer a more structured treatment environment than a family home. Foster homes are licensed in accordance with Rule R501-12. Residential Treatment Programs, also known as group homes, are licensed in accordance with [R501-2 and R501-3-3]Rule R501-19.

[1.](a) Access. Referrals can be made from Child Protective Services or from Juvenile Court and other agencies. Parents can request placement services by contacting the local [DFS]Child and Family Services [O]office. Referrals for foster care or group care may be screened to determine whether placement is the best option. In most cases, services which are intended to prevent placement must be first provided, before foster care or group care will be considered by [the Division]Child and Family Services.

[2.](b) Eligibility. Temporary child custody must be given to the [S]state by court order, or by voluntary agreement, and most parents shall be obligated to pay support while their child is in foster care. Youth can be served in foster care or group care until age 18, or until age 21 when ordered by the court.

[C.](3) [Independent]Transition to Adult Living. Services may be given to older teenage foster children to teach self-sufficiency skills in order to increase their ability to be self-reliant in the future. Some who do not return to living with their parents upon leaving foster care will be allowed to live on their own. All foster children age [16]14 and older shall be required to be working toward at least one objective in developing independent living skills in their [P]permanency [P]plans.

[1.](a) Access. Access shall be given only by a referral from the foster care caseworker.

[2.](b) Eligibility. Foster children who are at least [16]14 years old and who are in the custody of the [S]state shall be eligible.

[D.](4) Adoption. This service provides adoptive homes for children in custody of the [S]state who are legally available because the birth parents have been permanently deprived of parental rights by court action, or who have voluntarily relinquished their children for adoption.[ The choice of an adoptive home is based on the best interests of the child. When the children placed for adoption are hard to place because of their special needs, a subsidy payment can be approved to enable adoptions by a family needing assistance in caring for the child. Independent adoption home studies shall be completed only by direct order of a District Court.

1. Access. Access is available only by a referral from foster care staff. Adults wishing to adopt a child may apply to their local DCFS Office for consideration. Receipt of applications can be suspended by a local office based on the number of approved homes waiting for a placement and the number of children available.

2. Eligibility. To be eligible, the child must be in custody of the State, be legally freed for adoption, and the Division must determine that adoption is the best Permanency option for the child. Persons approved to be adoptive parents must meet certain standards before approval. Application and placement fees may be charged, or may be waived for families adopting a hard- to-place child. Fees, based on a sliding fee schedule, shall be charged for home studies sent to the U.S. Immigration Service and for completed Independent Adoption Home Studies. Authorization of subsidies for hard-to-place children shall be determined by the Division which shall assess the resources of the adoptive family to meet the child's need for maintenance or treatment.]

(a) The choice of an adoptive home is based on the best interests of the child.

(b) Adults who are residents of Utah who wish to adopt a child in State custody in Utah may apply to the Utah Foster Care Foundation for consideration.

(c) Adults who are residents of other states who wish to adopt a child in State custody in Utah must meet the standards to adopt a child in their state custody as well as to comply with ICPC requirements.

(d) Children whose special needs make it more difficult to find appropriate adoptive homes may be eligible for adoption assistance that may include Medicaid and a monthly subsidy payment based on federal qualifying factors.

(e) To be eligible, the child must be in custody of the state and be legally freed for adoption, and the court must determine that adoption is the best permanency option for the child. Persons approved to be adoptive parents must meet certain standards before approval based on Rule R512-41-3-5. Authorization of adoption assistance for children with special needs shall be determined by Child and Family Services based on federal law.

[E.](5) Provider Services. Persons applying to be foster care or emergency care parents shall be given information and a home study will be completed. For those approved as meeting program standards, basic training will be provided, as well as any additional training which may be required for some types of care. Annual reapproval is required.

[1.](a) Access. Persons interested in becoming foster parents or who wish to provide emergency care, such as [shelter care]crisis placements, may apply [to their local DCFS Office]at the Utah Foster Care Foundation.

[2.](b) Eligibility. Any adult may apply for consideration. Persons approved to be providers must meet certain standards [of the Division] before approval is granted.

 

R512-1-[6]7. Collection of Fees.

[The]Child and Family Services regional office staff shall collect any assessed fees for services. Failure of a family to pay the assessed fee may result in the termination of the service and a referral to the Office of Recovery Services for collection. For hardship situations, a fee reduction can be considered by the [D]director of [the Division]Child and Family Services.[ An appeal of any decision may be made according to the provisions of R503-5.]

 

R512-1-[7]8. Civil Rights and Due Process.

[The Division]Child and Family Services shall comply with the Department of Human Services policy of Civil Rights. [The Division]Child and Family Services seeks to provide equal opportunity and to insure due process in all actions taken pursuant to these rules. Consumers have the right to be notified about decisions made about their eligibility for any service which is requested and received through [the Division of] Child and Family Services, and to request a hearing if they disagree with any decision. Notice of a decision shall be sent by [the Division]Child and Family Services when an application for service or a service payment is denied, or if a service is reduced or terminated. Consumers must make a request for any hearings regarding services and decisions specified in this rule in writing.

 

KEY: social services, child welfare, domestic violence, eligibility

Date of Enactment or Last Substantive Amendment: [July 20, 2000]2010

Notice of Continuation: August 7, 2007

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-103; 62A-4a-105