Human Services, Child and Family Services

Rule R512-203

Child Protective Services, Significant Risk Assessments

Notice of Proposed Rule

(Amendment)

DAR File No.: 33928
Filed: 08/12/2010 12:29:52 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 state the purpose of the 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-1002
• 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 state the purpose of the rule 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.

R512-203. Child Protective Services, Significant Risk Assessments.

R512-203-1. Purpose and Authority[ and Purpose ].

(1) The purpose of this rule is to define how significant risk assessments are utilized by the Division of Child and Family Services (Child and Family Services).

(2) Pursuant to Section 62A-4a-105, [the Division of] Child and Family Services[ (DCFS)] is authorized to provide Child Protective Services (CPS). [DCFS]Child and Family Services is required by Section [62A-4a-116.1(4)(a)]62A-4a-1002 to promulgate a rule for making significant risk assessments.

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

 

R512-203-2. Definitions.

[A.](1) "Assessment " means an evaluation made to determine if a minor is a risk to other children and whether or not a minor's name should be placed and retained on the Licensing Information System.

[B.](2) "Significant risk " means that a minor is likely to continue perpetrating against other children.

 

R512-203-3. Significant Risk Assessments.

[A.](1) During the course of a CPS investigation involving allegations of conduct by a juvenile that is identified as severe or chronic as those terms are defined in Sections 62A-4a-101 and [62A-4a-116.1]62A-4a-1002, the CPS caseworker shall complete a significant risk assessment to determine whether a juvenile is a significant risk to other children or the community.

[B.](2) To conduct this assessment the CPS caseworker shall use the assessment tool developed by [DCFS]Child and Family Services for the purpose of determining risk presented by the minor. The tool used will be the most current version of the significant risk assessment.

[C.](3) The assessment shall be based upon the facts of the case that are present during the CPS investigation.

[D.](4) The assessment process identified in Section R512-203-3[A] is not for determining whether the allegation under investigation is supported or unsupported.

[E.](5) The juvenile's age alone is not a reason for determining whether the juvenile presents a significant risk.

[F.](6) The completed significant risk assessment instrument for each minor assessed shall be made a part of the CPS record and shall be classified as Private pursuant to the Government Records Management and Access Act (GRAMA).

 

KEY: child welfare, child abuse

Date of Enactment or Last Substantive Amendment: [ June 1, 2006 ] 2010

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; [ 62A-4a-116.1 ] 62A-4a-1002