File No. 33834
This rule was published in the August 1, 2010, issue (Vol. 2010, No. 15) of the Utah State Bulletin.
Human Services, Child and Family Services
Description of Division Services, Eligibility, and Service Access
Notice of Proposed Rule
DAR File No.: 33834
Filed: 07/15/2010 09:31:51 AM
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.
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.
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@example.com
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-1. Description of Division Services, Eligibility, and Service Access.
A.] 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.] 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] services shall be made available to assist
victims who have been abused or threatened by their
C.] [ The Division] shall provide protective services,
services given in the family home, short-term temporary [ shelter care] 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].
D.] 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
in their homes, and, if that is not possible, to place
them in [ substitute] care for as short a time as possible. When [ the Division] 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] services shall provide comprehensive
victims of [ abuse], 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
E.] [ The Division] 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
F.] The State [ Division] of Child and Family Services located in Salt Lake
City shall operate as the central office to administer Child
Welfare programs, which include:
(1)] [ p]rogram planning,
(2)] [ policy] development,
(3)] [ t]raining and consultation,
(4)] [ p]rogram financing,
(5)] [ a]dministration of the Interstate Compact on Placement of
and the Interstate Compact on Adoption and Medical
(6)] [ l]egislative and federal liaison, and
(7)] [ i]nformation and referral.
2]. Prevention Services.
The Division] 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.
3]. Intervention Services.
A.] 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
[ investigated] in accordance with the provisions of
Section 62A-4a-409. [ The Division] 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] 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] 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], [ 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.] Access. Investigations
will be conducted using all appropriate
referrals of alleged child abuse or neglect.
2.] Eligibility. A report of occurrence of child abuse or
that a child is at risk thereof will constitute sufficient
B.] 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
1.] 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.] Eligibility. Youth who are either homeless[ ,] ungovernable[ ,] or who have run away shall be eligible.
4]. [ Home-Based] Services.
Services. [ The Division] [ shall] 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]. These services [ shall] include[ , but not be limited to]:
(1)] [ h]omemaker,
(2)] [ c]hild day care,
(3)] [ d]ay treatment for preschool children,
(4)] [ t]reatment for children who have been sexually abused,
(5)] [ p]rotective supervision, and
(6)] [ f]amily preservation services.
1.] Access. Only families referred by [ DCFS] staff shall be provided these
2.] 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.] Custody Studies. Upon an order of the District Court, [ the Division] may engage in and complete child
1.] Access. Access shall be authorized by receipt of a
District Court Order.
2.] 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.] [ Family] Violence
victims of [ family] violence and their minor children, shelter care
facilities may be provided in order to protect the
victim and the
children from further violence. Short-term counseling may
be provided to the family while in shelter, and treatment services
[ shall] 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] eligible for [ D]omestic [ V]iolence services may receive child care without a fee as
part of the protective services provided to the family.
1.] Access. The
victim of family violence shall have access to the
services listed above by requesting protection or by referral.
2.] Eligibility. The only eligibility factor is that the
victim shall have been abused by the
[ spouse] or some other member of the family. The perpetrator
may be assessed, through court order, for the costs of [ the Division's] providing these services.
5]. Out-of-Home Care Services.
A.] The following definitions apply to this section:
1.]Cohabiting means residing with another person and being involved in a sexual relationship.
2.]Involved in a sexual relationship means any sexual activity and conduct between persons.
3.]Residing means living in the same household on an uninterrupted or an intermittent basis.
B.] Foster [ C]are and [ G]roup [ C]are. Child placement services may be provided when parents are unable to meet their children's needs within the family. [ The Division] 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]. The intent of foster 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] services. A [ P]ermanency [ P]lan 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]ermanency [ P]lan, and to project a likely date for returning the [ youth] to the family home or to another permanent home arrangement. A dispositional hearing shall be held every [ 18] months from 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] that they are not cohabiting with another person in a
sexual relationship. [ Beginning May 1, 2000, the division] 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]egion [ D]irector 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'] custody
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
R501-12. Residential Treatment Programs, also known as
group homes, are licensed in accordance with [ R501-2 and R501-3-3].
1.] Access. Referrals can be made from
Protective Services or from Juvenile Court and other
agencies. Parents can request placement services by contacting the
local [ DFS] [ O]ffice. Referrals for foster
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
or group care will be considered by [ the Division].
2.] Eligibility. Temporary child custody must be given to
the [ S]tate 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
or group care until age 18, or until age 21 when
ordered by the court.
C.] [ Independent] 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] and older shall be required to be working toward at least
one objective in developing independent living skills in their [ P]ermanency [ P]lans.
1.] Access. Access shall be given only by a referral from
the foster care
2.] Eligibility. Foster children who are at least [ 16] years old and who are in
custody of the [ S]tate shall be eligible.
D.] Adoption. This service provides adoptive homes for
children in custody of the [ S]tate 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
E.] Provider Services. Persons applying to be foster
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.] Access. Persons interested in becoming foster parents or
who wish to provide emergency care, such as [ shelter care], may apply [ to their local DCFS Office].
2.] Eligibility. Any adult may apply for consideration.
Persons approved to be providers must meet certain standards [ of the Division] before approval is granted.
6]. Collection of Fees.
The] 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]irector of [ the Division].[ An appeal of any decision may be made according to the provisions of R503-5.]
7]. Civil Rights and Due Process.
The Division] shall comply with the Department of Human Services policy of Civil Rights. [ The Division] 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] 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
KEY: social services, child welfare, domestic violence, eligibility
Date of Enactment or Last Substantive Amendment: [
July 20, 2000]
Notice of Continuation: August 7, 2007
Authorizing, and Implemented or Interpreted Law: 62A-4a-105
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100801.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact 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@example.com; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org.