Human Services, Child and Family Services

Rule R512-202

Child Protective Services, General Allegation Categories

Notice of Proposed Rule

(Amendment)

DAR File No.: 33927
Filed: 08/12/2010 12:25:57 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to revise the purpose and authority section, update citations to law, 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, update citations to law, and make minor formatting changes for consistency.

State statutory or constitutional authorization for this rule:

• 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 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.

R512-202. Child Protective Services, General Allegation Categories.

R512-202-1. Purpose and Authority[ and Purpose ].

(1) The purpose of this rule is to provide information about the allegation categories used by the Division of Child and Family Services (Child and Family Services).

[A.](2) Pursuant to Section 62A-4a-105, [the Division of] Child and Family Services[ (DCFS)] is authorized to provide Child Protective Services (CPS).

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

 

R512-202-2 Categories.

[A.](1) Qualification for Services.[ Referral and Investigation Allegation Categories for Abuse Neglect and Dependency.]

(a) The [Division]Child and Family Services worker receiving or investigating a report of child abuse, neglect, or dependency shall categorize the information into an allegation category. Severe and chronic categories of abuse and neglect are found in Sections 62A-4a-101 and [62A-4a-116.1]62A-4a-1002. This rule contains the allegation categories that are not severe or chronic.

(2) Referral and Investigation Allegation Categories for Abuse, Neglect, and Dependency.

(a) Abuse:

[1.](i) Child endangerment:

[a.](A) Driving under the influence with children in the vehicle;

[b.](B) Homes where there are lab paraphernalia, chemicals for manufacturing illegal drugs, access to illegal drugs, distribution of illegal drugs in the presence of a child,[ or] loaded weapons within the reach of the child, or exposure to pornography;

[c.](C) Giving children illegal drugs or substances, alcohol, tobacco , or non-prescribed/not recommended medications for that child;

[d.](D) Involving a child in the commission of crimes, such as shoplifting;

[e.](E) Other circumstances endangering a child.

[2.](ii) Domestic Violence Related Child Abuse:

[a.](A) Potential for or actual injury to a child during a domestic violence episode;

[b.](B) Violent physical and/or verbal altercation between adults[,] in the presence a child.

[3.](iii) Emotional abuse:

[a.](A) General emotional abuse, such as a pattern or severe isolated incident of:

[i.](I) Demeaning or derogatory remarks about the child or other family member in the presence of the child;

[ii.](II) Perception of or actual threatened harm;

[iii.](III) Corrupting or exploiting the child;

[iv.](IV) Multiple false reports to CPS;

[v.](V) Terrorizing;

[vi.](VI) Spurning (hostile rejecting);

[vii.](VII) Denying emotional responsiveness;

[viii.](VIII) Isolating.

[4.](iv) Material harmful to a child.

[5.](v) Physical abuse:

[a.](A) Physical abuse, general, excluding any physical abuse as defined herein, including (but not limited to):

[i.](I) Non-accidental injury to a child that may or may not be visible;

[ii.](II) Unexplained injuries to an infant or toddler;

[iii.](III) Unexplained injuries to a disabled or non-verbal child.

[6.](vi) Fetal exposure to alcohol or other substances.

[7.](vii) Fetal addiction to alcohol or other harmful substances.

[8.](viii) Pediatric Condition Falsification (formerly known as Munchausen Syndrome by Proxy).

[B.](2) Neglect:

[1.](a) Medical neglect. This allegation or finding needs to be based on the opinion of the child's primary care physician or other licensed medical professional. A parent or guardian may obtain a second opinion to be considered in determining medical neglect, at their own expense. A parent or guardian may obtain a second medical opinion to present for consideration by [DCFS]Child and Family Services, but [DCFS]Child and Family Services is not bound by the opinion and shall consider the totality of the facts.

[2.](b) Baby Doe (congenital birth defect that parents or caregiver declines to treat).

[3.](c) Failure to thrive, based on the opinion of the child's primary care physician or other licensed medical professional.

[4.](d) Neglect of child's physical health.

[5.](e) Neglect of child's psychological health.

[6.](f) Neglect of child's dental health.

[7.](g) Pediatric Condition Falsification (formerly known as[:] Munchausen Syndrome by Proxy).

[8.](h) Physical neglect.

[9.](i) Sibling or child at risk.

[10.](j) Educational neglect occurs when a child has been frequently absent from school without good cause or that the parent has failed to cooperate with school authorities in a reasonable manner[,]according to Section[s 62A-4a-101(14)(a)(iv), 62A-4a-101(14)(b), and] 78A-6-319.

[11.](k) Failure to protect.

[12.](l) Non-supervision.

[13.](m) Abandonment.

[14.](n) Environmental neglect. Physical neglect of the environment such as absence of utilities, home conditions below minimum standards, hazards, etc.

[15.](o) Dependency. A child who is homeless or without proper care through no fault of the child's parent, guardian, or custodian. Institutionalization of a parent or guardian who has not or cannot arrange for safe and appropriate care for the child.[

C. Court ordered investigation. When a court orders an investigation on a case when the allegation is not one of the categories listed in this rule, the allegation category is court ordered.

D. Availability.

1. CPS Services are available in all geographic regions of the state.]

 

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