File No. 33927
This rule was published in the September 1, 2010, issue (Vol. 2010, No. 17) of the Utah State Bulletin.
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 ServicesChild 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:
10/01/2010
This rule may become effective on:
10/08/2010
Authorized by:
Brent Platt, Director
RULE TEXT
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
Additional Information
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/b20100901.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 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].