DAR File No. 37527

Human Services, Child and Family Services

Rule R512-52

Drug Testing Copayment for Parents of Children in Child and Family Services Custody

Notice of Proposed Rule

(Repeal)

DAR File No.: 37527
Filed: 04/16/2013 01:45:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of repealing this rule is to meet the requirements of S.B. 49 mandated by the Utah State Legislature (2013 General Session), which no longer allows Child and Family Services to collect some or all of the costs associated with drug testing from parents of children in state custody.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-109
• Section 62A-4a-102
• Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

Child and Family Services estimates a yearly cost of $132,600 (based on estimated collection that would have occurred of 2,210 copay drug tests per month at $5 per test).

local governments:

Child and Family Services determined that local governments are not affected by the rule and will have no fiscal impact because this rule only affects persons other than small business, business, or local government entities.

small businesses:

Child and Family Services determined that small businesses are not affected by the rule and will have no fiscal impact because this rule only affects persons other than small business, business, or local government entities.

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

There are $132,600 in cost savings cumulative (based on 2,210 copay drug tests per month that would have been paid by persons at $5 per test).

Compliance costs for affected persons:

The copay for a drug test per month would have been paid by persons at $5 per test.

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:

06/14/2013

This rule may become effective on:

06/21/2013

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

[R512-52. Drug Testing Copayment for Parents of Children in Child and Family Services Custody.

R512-52-1. Purpose.

(1) As intended by the Utah State Legislature during the 2012 Legislative Session, Child and Family Services is required to collect some or all of the costs associated with drug testing from parents of children in state custody.

 

R512-52-2. Authority.

(1) This rule is authorized by Sections 62A-4a-102 and 62A-4a-109.

 

R512-52-3. Applicability of Copayment.

(1) The copayment applies:

(a) If a parent has a child in Child and Family Services custody in out-of-home placement.

(b) When a parent's drug testing is completed by a Child and Family Services' contracted drug testing provider.

(2) The copayment does not apply:

(a) When the parent is testing through a non-Child and Family Services contracted drug testing provider.

(b) To a parent with a child in Child and Family Services custody on a trial home placement with that parent.

(c) To a parent who does not have children in Child and Family Services custody, including:

(i) Parents involved with Child Protective Services investigations.

(ii) Parents involved with In-Home Services who have custody of their children.

(iii) Parents involved with In-Home Services whose children are in the custody of kin or another caregiver.

(d) Youth clients.

(e) To a parent who has been ordered to pay the full cost of drug testing pursuant to Section 62A-4a-105(2)(b).

 

R512-52-4. Amount and Collection of Copayment.

(1) The amount of the copayment is determined by Child and Family Services.

(2) The collection of the copayment is performed by the Child and Family Services contracted drug testing provider at the time of specimen collection.

(3) The copayment must be collected before the drug test can be performed. Failure by the parent to provide the copayment will result in a missed drug test.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: December 11, 2012

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-109 ]