Human Services, Child and Family Services

Rule R512-100

Home Based Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 33925
Filed: 08/12/2010 12:18:00 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to modify the name from "Home Based Services" to "In-Home Services" and make other modifications to bring it current with practice, revise the purpose and authority section, and make minor formatting changes.

Summary of the rule or change:

The proposed changes to this rule replace the name "Home Based Services" with "In-Home Services" and make other modifications to bring it current with practice, 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-201
• Section 62A-4a-102
• Section 62A-4a-105
• Section 62A-4a-202

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 bring the rule in line with current practice and 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, but only applies to Child and Family Services.

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, but only applies to Child and Family Services.

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, but only applies to Child and Family Services.

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.

Palmer DePaulis, 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:

10/01/2010

This rule may become effective on:

10/08/2010

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-100. [ Home Based ] In-Home Services.

R512-100-1. Purpose and Authority[ and Purpose ].

[A.](1) The purpose of [Home Based]In-Home Services is to provide services to allow children at risk to remain safely in their own home, and provide services to facilitate the return home of children who have been placed in the custody of the Division of Child and Family Services (Child and Family Services)[(DCFS)].

(2) In-Home Services are designed to maintain children safely in their homes by helping families alleviate crises. Child and Family Services provides assistance for developing skills and educational training in the family home and for connecting the family to community services and resources to meet the family's needs.

[B.](3) The components of [Home Based]In-Home Services [I]intervention s include:

[1.](a) Case [M]management,

[2.](b) Skills [D]development and [F]family [E]education,

[3.](c) Counseling/[T]therapy,

[4.](d) Home visits ,[: The DCFS worker will visit with the child and family a minimum of one time per month.]

[5.](e) Private conversation with one or more of the child ren[(ren)] if the child ren[(ren)] have[has(have)] been substantiated as a victim of abuse or neglect.

[C.](4) Pursuant to Section s 62A-4a-105 , 62A-4a-201, and 62A-4a-202, Child and Family Services [the Division] is authorized to provide [Home Based]In-Home Services.

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

 

R512-100-2. Definitions.

[C.](1) "[Functional]Child and Family Assessment " defines the child and family's strengths and needs and provides the framework from which to access appropriate services[.] , [E]evaluate progress toward goals , and adjust plans and interventions accordingly.

[A.](2) "Child and Family Plan " is based on the assessment of the child and family's strengths and needs which will enable them to work toward their goals.

[B.](3) "Child and Family Team "[: A] is a group that meets [together] as often as needed and works to support the family and assist them in meeting their needs. This may include the referent or other concerned individuals identified by the family as support persons.

 

R512-100-3. Qualifications .

[A. Home Based services may be provided to children who are potentially at risk of abuse and neglect and their families. The family must agree to work voluntarily with Child and Family Services with regard to Early Intervention services.

B. Requests for Home Based Services will be evaluated as soon as possible after receiving the request. The initial level of intensity will be decided also and is assigned at the discretion of DCFS. Acceptance may be based on any of the following criteria:

1. the ongoing risk of abuse/neglect of a child,

2. the minimal or no risk of removal of the child from his/her home,

3. the past history of abuse/neglect of a child,

4. the family's willingness to accept Home Based Services,

5. the need for ongoing monitoring by DCFS.

C. DCFS will have the discretion to determine whether a request for Home Based DCFS Services is accepted unless those services are court-ordered. Home Based Services are appropriate when any of the following conditions exist:

1. a child has experienced abuse or neglect but can remain safely in the home;

2. when a child is returned home from out of home care;

3. when an adoptive placement may disrupt or dissolve and intensive services are needed to maintain the family in the adoptive home; or

4. when reunification is likely within 14 days and intensive support is needed to prepare for and facilitate the reunification.

D. A child and family will not be accepted for Home Based Services if all of the following conditions are present:

1. a family has the ability to access resources, supports and services on their own,

2. there is minimal risk or no of abuse/neglect to the child; and the family does not require ongoing services.

E. The family will be asked to sign a consent for services after the case is opened by a DCFS worker and prior to the time services begin.

F. If the DCFS response to a request is that the family needs Home Based Services but the family refuses to accept these services and the child is determined to be at risk of abuse/neglect, by the evidence from the initial assessment, safety/risk assessments or by observation by the Home Based Worker, the DCFS worker will screen the case with an Assistant Attorney General and will consider filing a petition for court-ordered services.

G. The family and the referent will be contacted and informed of the decision to provide or not to provide Home Based Services. Notification may be verbal or written and will be documented in the file.

H. If a request for Home Based Services is denied, the reasons for denial of Home Based Services will be documented and explained to the referent and family. The worker will provide suggestions to the family for other resources, supports and services to meet the family's needs. Referral resources will also be recorded in the closing summary.](1) In-Home Services may be provided to families under the following conditions:

(a) A specific threat of harm to the child is present or is likely to be present and without intervention the protective capacities of the caregiver cannot safely manage the threat of harm.

(b) Abuse or neglect has occurred but the child is able to remain safely in the home.

(c) A child who is being reunited with their family and has been in the temporary custody of Child and Family Services and/or an out-of-home placement with a kinship caregiver.

(d) An adoptive placement may be at risk of disruption or dissolution and services are needed to maintain the child in the adoptive home.

(2) A family may not be accepted for In-Home Services under the following conditions:

(a) A family has the ability to access resources, supports, and services on their own.

(b) There are no specific threats of harm to the child that are not managed by the protective capacities of the family.

(3) In-Home Services may be voluntary or court ordered.

(a) Voluntary services are preferred over court ordered services.

(b) A petition may be filed for court-ordered protective supervision of the family.

(4) In-Home Services are available in all geographic regions of the state.

 

R512-100-5. Service Delivery.

[A. A Child and Family Team will be developed or strengthened for every family receiving Home Based Services.

B. Ongoing Child and Family Team meetings will be held for every family receiving Home Based Services to ensure safety of the child and appropriateness and quality of services provided to the family. Child and Family Team Meetings must be held at least once every six months to track and adapt the plan.

C. Ongoing Child and Family Team Meetings for Home Based services will include, but are not limited to, the following:

1. Initial Child and Family Team Meeting which will be held for each Home Based Services case to establish case intensity and to discuss options for service provision.

2. Transition Child and Family Team Meeting may be held prior to the family's transition from services with the following goals:

a. assess safety of and ongoing risk to the child;

b. identify continuing and additional service needs ; and

c. assess the family's ability to meet their own needs and access services without further DCFS involvement.

D. A functional assessment will be updated as new information is obtained for each child and family receiving Home Based Services, and prior to the development of the Child and Family Plan.

E. A Child and Family Plan will be developed for each family receiving Home Based Services. The plan will be developed by the Child and Family Team and will have the goal of identifying avenues through which the family can establish and meet their needs.

F. Child and Family plans will be reviewed at a minimum every three months and updated as needed. The worker will request information from Child and Family Team members when reviewing, tracking and adapting the Child and Family Plan.

G. The child and family plan will be complete when the worker, their supervisor and the child and family team have agreed to the plan and it is finalized in SAFE. Signatures will be obtained as soon as possible after the plan is finalized in SAFE. If a family member refuses to sign the plan, the worker will document that family member's reasons for refusal.

H. The worker will provide a copy of the Child and Family Plan to the family, other Child and Family Team members and, if services are court ordered, to the attorney general, guardian ad litem and the court.

I. When Home Based Services are court ordered, it is the responsibility of DCFS to determine the level of intensity of the services to be provided to the family unless a court order specifically sets a level of intensity.

J. If services are court ordered but the assessment indicates that Home Based Services are not appropriate, the DCFS worker will contact the assistant attorney general and guardian ad litem, explain the situation and request a petition be filed with the court to terminate services.

K. The family and referent must be informed of the results of a functional assessment when the Home Based worker has concluded that Home Based Services are inappropriate and is recommending that those services should be terminated. If needs have been identified that could not be met by other means then other service options should be explored with the family prior to ending services with the family.

L. When determining the level of service intensity, the DCFS worker will consider the following factors:

1. The degree of risk to the child;.

2. the extent of services to be provided;

3. The needed frequency and duration of contacts with the family;

4. The amount of time needed for case management activities;

5. If a clinical service is needed; and

6. The family's schedule.

M. The intensity of service may change during the course of Home Based Services. A change in intensity level does not require termination of service or starting a new service and does not require a worker change.

N. The needs of the child and family and the intensity of the service will determine the frequency of home visits to the child and family. The worker, or another member of the team will contact the child/family at a minimum, once monthly. Contact may include a Home or Community Visit. If a team member other than the identified DCFS targeted case manager contacts the family, they will report the nature and outcome of the visit to the case manager.

O. Unannounced visits are permissible and the likelihood of such visits should be explained to the family.](1) Child and Family Team:

(a) With the family's assistance, a Child and Family Team shall be established for each family receiving In-Home Services.

(b) At a minimum, the Child and Family Team shall assist with assessment, Child and Family Plan development, and selection of permanency goals; oversee progress toward completion of the Child and Family Plan; and provide input into adaptations to the Child and Family Plan.

(2) Child and Family Assessment:

(a) A written assessment that evaluates the child and family's strengths and underlying needs is completed for each family working with Child and Family Services.

(3) Child and Family Plan:

(a) Based upon the Child and Family Assessment, each child and family receiving In-Home Services shall have a written Child and Family Plan in accordance with Section 62A-4a-205.

(b) Members of the Child and Family Team shall assist in creating the Child and Family Plan.

(c) A copy of the completed Child and Family Plan shall be provided to the parent or guardian. If In-Home Services are court ordered, a copy of the Child and Family Plan will be provided to the court, Assistant Attorney General, Guardian ad Litem, and legal counsel for the parent or guardian.

(4) Permanency Goals:

(a) All children receiving In-Home Services shall have a primary permanency goal and a concurrent permanency goal identified by the Child and Family Team.

(b) For court-ordered In-Home Services, both primary and concurrent permanency goals shall be submitted to the court for approval.

(5) Duration of Services:

(a) In-Home Services shall continue until the identified threats of harm have been managed by decreasing the child vulnerabilities and/or increasing the protective capacities of the family, or when the child can no longer safely remain in the home.

 

[ R512-100-6. Duration of Services.

A. Early intervention services may last for 30 to 90 days, or, if determined by the worker, supervisor and the child and family team to be necessary, may be extended as long as the family needs to reduce risks and develop or strengthen a support system separate from Child and Family Services.

B. Intensive services will be provided for a period of 60 to 90 days. If intensive services beyond the 60 to 90 days are in the best interest of the child and family, the supervisor or designee may approve an extension. The reasons for the extension must be documented and include specific desired results and treatment methods.

 

R512-100-7. Termination of Services.

A. If the initial functional assessment indicates that Home Based Services are not appropriate, services may be terminated (unless court ordered) without development of a Child and Family Plan. Termination will occur prior to the due date of the Child and Family Plan.

B. When it is determined that services will no longer be provided, a final progress summary will be completed, including the reason for closure.

C. If there are two DCFS workers assigned to the case, the workers will collaborate prior to making a decision to remove the child from the home, unless the removal is due to an emergency.

D. If a child needs to be removed from the home in which the child's family is receiving Home Based Services, the Home Based Services worker will follow the requirement specified in Rule R512-200, obtaining a warrant, motion hearing, or if appropriate circumstances exist, will remove without a warrant.

E. A consultation is required prior to the removal of the child and will include the Home Based Services supervisor, a DCFS Child Protective Services (CPS) supervisor or a CPS worker. The Home Based worker should also consult with the guardian ad litem and assistant attorney general.

 

R512-100-8. Documentation.

A. If Domestic Violence (DV) is identified through the provision of the service where it wasn't before, the worker will document the completion of the following:

1. staff with supervisor and/or DV specialist/or community specialist; and

2. conduct assessment alone with the victim or see that a domestic violence or

3. community specialist conducts an assessment.

4. complete Risk of Danger form;

5. create Safety Plan; and

6. interview child and assess.

]

KEY: child welfare

Date of Enactment or Last Substantive Amendment: [September 3, 2003]2010

Notice of Continuation: August 20, 2008

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105 ; 62A-4a-201; 62A-4a-202