Human Services, Child and Family Services

Rule R512-201

Child Protective Services, Investigation Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 33926
Filed: 08/12/2010 12:22:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to make minor 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 make minor 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-202.3
• Section 62A-4a-102
• Section 62A-4a-105

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.

R512-201. Child Protective Services, Investigation Services.

R512-201-1. Purpose and Authority[ and Purpose ].

[A.](1) Purpose. Promoting protection, Child Protective Services (CPS), and safety of children by[:] accurate and timely investigations; and[

1.] assessments , which determine the capability, willingness, and the availability of resources for achieving safety, permanence , and well-being for the children. The [DCFS]Child and Family Services CPS caseworker shall assess protection, risk, and safety needs of a child, the famil y's[ies] strengths, needs, and challenges, and capacity and willingness of the family to provide for and protect the child, and shall determine appropriate services.

(2 )[.] Authority. Pursuant to Sections 62A-4a-105 and 62A-4a-202.3, the [Division of] Child and Family Services[(DCFS)] is authorized to provide [child protective services]CPS.

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

 

R512-201-2. Definitions.

[A.](1) "Immediate Protection and Safety Assessment ": An organized protocol whereby [DCFS]Child and Family Services or another agency gathers information to identify the strengths and challenges and other factors of the family members that may contribute to safety or risk issues of a child who may be an alleged victim of abuse, neglect, or dependency.

 

R512-201-3. Qualifications.

[A.](1) Children who are the subject of a referral for child abuse, neglect, or dependency qualify for investigation services, as described in Section 62A-4a-403 and [DHS] Rule[,] R512-200, Child Protective Services, Intake Services.

 

R512-201-4. Scope of Services.

[A.](1) A CPS investigation shall include (but is not limited to) the following:

[B.](a) Immediate Protection and Safety Assessment for the Child . [

]The [DCFS]Child and Family Services CPS caseworker shall assess the immediate protection safety needs of a child and the family's capacity to protect the child. The [DCFS]Child and Family Services CPS caseworker shall include a domestic violence assessment.

[C.](b) CPS Investigation and Assessment. In addition to the requirements of Sections 62A-4a-202.3 and 62A-4a-409, a CPS investigation may include, but is not limited to, the following:

[1.](i) Assessment of immediate risk, safety, and protection needs of a child to include an assessment of risk[,] that an absent parent or cohabitant may pose to the child.

[2.](ii) [a]Assessment of risk, protection, and safety needs for any siblings or other children residing in the home as a sibling or child at risk. Complete the team consultation of each case.

[3.](iii) Assessment of the family's strengths, needs, challenges, limitations, struggles, ability, and willingness to protect the child.

[4.](iv) Determination of eligibility for enrollment or membership in a Native American tribe.

[5.](v) Medical or mental health evaluations completed as required by statute within required time frames to negate or lesson the possibility of physical injury, severe physical abuse, medical neglect, exposure to a hazardous, illegal chemical environment, or recent sexual abuse.

[C.](2) Availability.

[1.](a) CPS [S]services are available in all geographic regions of the state.

[2](3) Transfer of a Case When a Child has Moved Out of the State of Utah.

(a) [DCFS]Child and Family Services regional and inter-regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child has moved out of the state.

[3.](b) If the child and family move outside the state of Utah before the [DCFS]Child and Family Services CPS caseworker is able to make the face-to-face contact with the child and the new location of the child and family is known, the [DCFS]Child and Family Services CPS caseworker shall contact the state child welfare agency where the family has moved and request courtesy casework. If the state child welfare agency where the family has moved refuses to complete courtesy casework, the case shall be closed as "unable to locate." If the receiving state child welfare agency agrees to complete the courtesy casework, the [DCFS]Child and Family Services CPS caseworker shall make the appropriate finding based on information from the receiving state.

[4.](c) If the child and family move outside the state of Utah after the [DCFS]Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are known, the [DCFS]Child and Family Services CPS caseworker who began the investigation shall contact the state child welfare agency where the family has moved and shall make a request for courtesy casework referral, providing the information that was obtained in the investigation. The case shall be closed as "unable to complete investigation" unless the information obtained meets the standard of "reasonable cause to believe" that the abuse, neglect, or dependency occurred. If a finding of "supported" is made against one or both of the parents/caregivers, upon case closure a Notice of Agency Action shall be sent to the address of family in their current state of residence.

[a.](i) If the facts of the investigation establish reason to suspect the child is in imminent danger, the Child and Family Services CPS caseworker shall make appropriate referrals to CPS and law enforcement in the other state and screen the case with the Assistant Attorney General for legal action.

[5.](d) If the child and family move out of the state of Utah after the [DCFS]Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are unknown, the [DCFS]Child and Family Services CPS caseworker shall make reasonable efforts to locate the family in order to make a referral to request courtesy casework from the state child welfare agency where the family now resides. Reasonable efforts include (but are not limited to) contacting the post office for a forwarding address and checking with the school to obtain the address where records are being transferred when there is a school-age child in the home.

[6.](4) Transfer of a Case When a Child has Moved Within the State of Utah.

(a) Regional and inter-regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child who is the subject of the investigation has moved within the state of Utah.

[7.](5) Request for Courtesy Casework.

(a) A [DCFS]Child and Family Services CPS caseworker may request courtesy assistance for completion of specific investigative activities on an open CPS case when the child or other related individual is not accessible to the assigned [DCFS]Child and Family Services CPS caseworker.

[8.](6) Courtesy Casework Request from Another State.

(a) A [DCFS]Child and Family Services CPS caseworker shall assist in the protection and supervision of a child under the jurisdiction of another state.

[C.](7) Duration of Services.

[1.](a) Unable to Locate Within the State of Utah. A [DCFS]Child and Family Services CPS caseworker shall not close an investigation solely on the grounds that the child could not be located until reasonable efforts have been made by the caseworker to locate the child and family members.

[2.](b) Case Finding. At the conclusion of a CPS investigation, a finding shall be made for each allegation identified at the time of Intake or identified during the investigation. Each alleged victim in the case shall be linked to a specific allegation or allegations and to an alleged perpetrator or alleged perpetrators. Acceptable findings include:

[a.](i) Supported. A case finding of supported shall be used when there is a reasonable basis to conclude that abuse, neglect, or dependency occurred, even if the alleged perpetrator is unknown.

[b.](ii) Unsupported. A case finding of unsupported/not accepted shall be used when there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.

[c.](iii) Without Merit. A case finding of without merit shall be used when there is evidence that abuse, neglect, or dependency did not occur.

[d.](iv) Unable to Locate. A case finding of unable to locate shall be used when the [DCFS]Child and Family Services CPS caseworker was unable to complete face-to-face contact with the alleged victim and all reasonable efforts were made to locate the child and family members.

[e. Child and Family Assessment (in approved pilot region offices). A case finding of child and family assessment in approved pilot region offices shall be used when the case is converted from a CPS investigation to a family assessment.

f.](v) Unable to Complete Investigation. A case finding of unable to complete investigation shall be used when the caseworker is unable to complete the investigation because the subject of the investigation has moved out of the state or similar reason.

 

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

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-202.3