DAR File No. 39626

Human Services, Child and Family Services

Rule R512-201

Child Protective Services, Investigation Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 39626
Filed: 08/31/2015 09:27:46 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule modification is to bring the rule in line with current statute and practice.

Summary of the rule or change:

This rule change is intended to make the rule technically correct with current practice.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-202.3
• 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 do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will have no fiscal impact.

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

There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets.

Compliance costs for affected persons:

Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule.

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

This rule will have no fiscal impact on businesses.

Ann Williamson, 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 Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@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:

10/15/2015

This rule may become effective on:

10/22/2015

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-201. Child Protective Services, Investigation Services.

R512-201-1. Purpose and Authority.

(1) Purpose. [Promoting protection, Child Protective Services (CPS), and safety of children by accurate and timely investigations; and assessments, which determine the capability, willingness, and the availability of resources for achieving safety, permanence, and well-being for the children. The Child and Family Services CPS caseworker shall assess protection, risk, and safety needs of a child, the family's strengths, needs, and challenges, and capacity and willingness of the family to provide for and protect the child, and shall determine appropriate services.]CPS promotes the safety and protection of children through accurate and timely safety and risk assessments. The CPS caseworker shall assess the safety and risk to a child, as well as determine the protective capacities of the caregiver(s) and resources they have available to them in order to identify the most effective interventions at the most accurate level of intensity.

(2) Authority. Pursuant to Sections 62A-4a-105 and 62A-4a-202.3, [the ]Child and Family Services is authorized to provide CPS.

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

 

R512-201-2. Definitions.

(1) ["Immediate Protection and Safety Assessment": An organized protocol whereby Child and Family Services or another agency gathers information to identify the strengths and challenges and other factors of the family members that may contribute to safety or risk issues of a child who may be an alleged victim of abuse, neglect, or dependency.]CPS: Child Protective Services.

(2) SDM: Structured Decision Making.

(3) SDM Safety Assessment: A research informed safety assessment used to determine the current safety of the child.

(4) SDM Risk Assessment: An evidence-based risk assessment used to determine the ongoing risk to a child.

 

R512-201-3. Qualifications.

(1) Children who are the subject of a referral for child abuse, neglect, or dependency qualify for investigation services, as described in Section 62A-4a-403 and Rule R512-200, Child Protective Services, Intake Services.

 

R512-201-4. Scope of Services.

(1) A CPS investigation shall include (but is not limited to) the following:

(a) [Immediate Protection and Safety Assessment for the Child.]SDM Safety and Risk Assessment. The Child and Family Services CPS caseworker shall assess the immediate [protection ]safety needs of a child and the family's capacity to protect the child , as well as any ongoing risk to a child. The Child and Family Services CPS caseworker shall include a domestic violence assessment in cases with allegations or indicators of Domestic Violence Related Child Abuse.

(b) CPS Investigation and Assessment. In addition to the requirements of Sections 62A-4a-202.3 and 62A-4a-409, a CPS investigation may include, but is not limited to, the following:

(i) Assessment of immediate risk, safety, and protection needs of a child.[ to include an assessment of risk that an absent parent or cohabitant may pose to the child.]

(ii) Assessment of risk, protection, and safety needs for any siblings or other children residing in the home as a sibling or child at risk.[ Complete the team consultation of each case.]

(iii) Assessment of the family's strengths, needs, challenges, and limitations, [struggles, ]and the ability[,] and willingness to protect the child.

(iv) Determination of eligibility for enrollment or membership in a Native American tribe.

(v) Medical or mental health evaluations completed as required by statute within required time frames to negate or lesson the possibility of physical injury, severe physical abuse, medical neglect, exposure to a hazardous, illegal chemical environment, or recent sexual abuse.

(2) Availability.

(a) CPS [services ]are available in all geographic regions of the state.

(3) Transfer of a Case When a Child has Moved Out of the State of Utah.

(a) Child and Family Services regional and inter-regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child has moved out of the state.

(b) If the child and family move outside the state of Utah before the Child and Family Services CPS caseworker is able to make the face-to-face contact with the child and the new location of the child and family is known, the Child and Family Services CPS caseworker shall contact the state child welfare agency where the family has moved and request courtesy casework. If the state child welfare agency where the family has moved refuses to complete courtesy casework, the case shall be closed as "unable to locate." If the receiving state child welfare agency agrees to complete the courtesy casework, the Child and Family Services CPS caseworker shall make the appropriate finding based on information from the receiving state.

(c) If the child and family move outside the state of Utah after the Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are known, the Child and Family Services CPS caseworker who began the investigation shall contact the state child welfare agency where the family has moved and shall make a request for courtesy casework referral, providing the information that was obtained in the investigation. The case shall be closed as "unable to complete investigation" unless the information obtained meets the standard of "reasonable cause to believe" that the abuse, neglect, or dependency occurred. If a finding of "supported" is made against one or both of the parents/caregivers, upon case closure a Notice of Agency Action shall be sent to the address of the family in their current state of residence.

(i) If the facts of the investigation establish reason to suspect the child is in imminent danger, the Child and Family Services CPS caseworker shall make appropriate referrals to CPS and law enforcement in the other state and screen the case with the Assistant Attorney General for legal action.

(d) If the child and family move out of the state of Utah after the Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are unknown, the Child and Family Services CPS caseworker shall make reasonable efforts to locate the family in order to make a referral to request courtesy casework from the state child welfare agency where the family now resides. Reasonable efforts include (but are not limited to) contacting the post office for a forwarding address and checking with the school to obtain the address where records are being transferred when there is a school-age child in the home.

(4) Transfer of a Case When a Child has Moved Within the State of Utah.

(a) Regional and inter-regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child who is the subject of the investigation has moved within the state of Utah.

(5) Request for Courtesy Casework.

(a) A Child and Family Services CPS caseworker may request courtesy assistance for completion of specific investigative activities on an open CPS case when the child or other related individual is not accessible to the assigned Child and Family Services CPS caseworker.

(6) Courtesy Casework Request from Another State.

(a) A Child and Family Services CPS caseworker shall assist in the protection and supervision of a child under the jurisdiction of another state.

(7) Duration of Services.

(a) Unable to Locate Within the State of Utah. A Child and Family Services CPS caseworker shall not close an investigation solely on the grounds that the child could not be located until reasonable efforts have been made by the caseworker to locate the child and family members.

(b) Case Finding. At the conclusion of a CPS investigation, a finding shall be made for each allegation identified at the time of Intake or identified during the investigation. Each alleged victim in the case shall be linked to a specific allegation or allegations and to an alleged perpetrator or alleged perpetrators. Acceptable findings include:

(i) Supported. A case finding of supported shall be used when there is a reasonable basis to conclude that abuse, neglect, or dependency occurred, even if the alleged perpetrator is unknown.

(ii) Unsupported. A case finding of unsupported/not accepted shall be used when there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.

(iii) Without Merit. A case finding of without merit shall be used when there is evidence that abuse, neglect, or dependency did not occur.

(iv) Unable to Locate. A case finding of unable to locate shall be used when the Child and Family Services CPS caseworker was unable to complete face-to-face contact with the alleged victim and all reasonable efforts were made to locate the child and family members.

(v) Unable to Complete Investigation. A case finding of unable to complete investigation shall be used when the caseworker is unable to complete the investigation because the subject of the investigation has moved out of the state or similar reason.

 

KEY: social services, child welfare, domestic violence, child abuse

Date of Enactment or Last Substantive Amendment: [October 13, 2010]2015

Notice of Continuation: April 8, 2013

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-202.3