Human Services, Child and Family Services

Section R512-205-4

Investigation

Notice of Proposed Rule

(Amendment)

DAR File No.: 35310
Filed: 10/05/2011 11:07:01 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being revised to include certain recommendations received by public comment.

Summary of the rule or change:

The proposed changes add criteria related to sexual assault, strangulation, and other assault likely to result in substantial or serious bodily injury. This revision also provides that information will be given to a caseworker for domestic violence assessment on cases where an allegation of abuse, neglect, or dependency is being accepted or is in the process of being investigated or if there is an open case, and there is a concern of Domestic Violence Related Child Abuse that does not meet the criteria listed under Subsection R512-205-4(1).

State statutory or constitutional authorization for this rule:

• Section 76-5-109.1
• Section 62A-4a-102
• Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

Anticipated cost for Child and Family Services is $260,800 in general funds.

local governments:

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence-related child abuse pertaining to a specific child. This rule does not require any action by local government and does not impact any formal relationship or interaction between Child and Family Services and local governments.

small businesses:

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence-related child abuse pertaining to a specific child. This rule does not require any action for small businesses and does not apply to any business relationship or interaction between Child and Family Services and small businesses.

persons other than small businesses, businesses, or local governmental entities:

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence-related child abuse pertaining to a specific child. This rule does not require any action that would result in costs or savings for "persons other than small businesses, businesses, or local government entities."

Compliance costs for affected persons:

There are no compliance costs for affected persons. Affected persons are not required to pay fees or other costs for investigations conducted by Child and Family Services. Affected persons may experience indirect or non-financial costs, such as impact on personal time during the investigation.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact 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:

12/01/2011

This rule may become effective on:

12/08/2011

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-205. Child Protective Services, Investigation of Domestic Violence Related Child Abuse.

R512-205-4. Investigation.

(1) An allegation of Domestic Violence Related Child Abuse, that meets all other requirements for acceptance, shall be accepted by Child and Family Services for investigation if it is alleged that a child was physically present or saw or heard an incident of domestic violence and:

(a) The alleged perpetrator used or threatened to use a dangerous weapon; or

(b) The alleged perpetrator threatened to cause substantial or serious bodily injury; or

(c) The alleged perpetrator committed a sexual assault, strangulation, or other assault likely to result in substantial or serious bodily injury; or

( d[c]) The alleged victim sustained substantial or serious bodily injury; or

( e[d]) There is a pattern of two or more CPS investigations of Domestic Violence Related Child Abuse within the previous two years; or

( f[e]) Another allegation of abuse, neglect, or dependency is being accepted or is in the process of being investigated.

(2) If during an open, non-CPS case, a referral is received for Domestic Violence Related Child Abuse which does not meet the criteria for acceptance under subparagraph (1) above, the information will be sent to the ongoing caseworker for assessment.

 

KEY: child abuse, domestic violence

Date of Enactment or Last Substantive Amendment: [July 28, ]2011

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 76-5-109.1