DAR File No. 39905

Human Services, Child and Family Services

Rule R512-100

In-Home Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 39905
Filed: 11/02/2015 10:14:50 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-201
• Section 62A-4a-202
• 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:

12/31/2015

This rule may become effective on:

01/07/2016

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-100. In-Home Services.

R512-100-1. Purpose and Authority.

(1) The purpose of In-Home Services is to [provide services to allow children at risk to remain safely in their own home, and provide services to facilitate the return home of children who have been placed in the custody of the Division of Child and Family Services (Child and Family Services).]enhance a parent's capacity to safely care for their child in their home and to safely reduce the need for out-of-home care in Utah. In-Home Services include front-end services that help prevent removal and allow a child to remain at home with their parent or caregiver. It includes cases where a child is placed with a non-custodial parent or relatives who have custody and guardianship of the child. It also includes services for when a child returns home from out-of-home care and there are continuing services with Child and Family Services and court oversight.

(2) In-Home Services are [designed to maintain children safely in their homes by helping families alleviate crises. Child and Family Services provides assistance for developing skills and educational training in the family home and for connecting the family to community services and resources to meet the family's needs.]a set of evidence-based services, strategies, and tools that support the safety, permanency, and well-being of a child and the strengthening of their family.

(3) The key components of In-Home Services interventions include:

(a) Case management based on Practice Model skills of engaging, teaming, assessing, planning, and intervening,

(b) [Skills development and family education,]Assessing and addressing safety and risk issues to help stabilize the family, providing purposeful home visits and a private conversation with the child,

(c) [Counseling/therapy,]The application of an evidence-based assessment to identify child and family needs and protective factors early in the case, guiding caseworkers to better target the individual needs of the family with services, and informing the development of the Child and Family Plan, and

(d) [Home visits,]Direct services and interventions that help the family make needed changes in addition to linking the family to evidence-based services and community resources.

[(e) Private conversation with one or more of the children if the children have been substantiated as a victim of abuse or neglect.]

(4) Pursuant to Sections 62A-4a-105, 62A-4a-201, and 62A-4a-202, Child and Family Services is authorized to provide In-Home Services.

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

 

R512-100-2. Definitions.

[(1) "Child and Family Assessment" defines the child and family's strengths and needs and provides the framework from which to access appropriate services, evaluate progress toward goals, and adjust plans and interventions accordingly.]

[(2)](1) "Child and Family Plan" is a written document that is developed by the Child and Family Team based on the assessment of the child and family's strengths and needs . The Child and Family Plan will guide and enable [which will enable them to work toward their goals.]the family to make the changes that are necessary to meet their child's need for safety, permanency, and well-being.

(2) "Child and Family Services" means the Division of Child and Family Services.

(3) "Child and Family Team" is [a group that meets as often as needed and works to support the family and assist them in meeting their needs. This may include the referent or other concerned individuals identified by the family as support persons.]the family's identified informal supports and the service providers working with the family.

(4) "Utah Family and Children Engagement Tool (UFACET)" is an assessment tool used to identify child and family needs and guide addressing those needs with services in the Child and Family Plan.

 

R512-100-3. Qualifications.

(1) In-Home Services may be provided to families under the following conditions:

[(a) A specific threat of harm to the child is present or is likely to be present and without intervention the protective capacities of the caregiver cannot safely manage the threat of harm.

(b) Abuse or neglect has occurred but the child is able to remain safely in the home.

(c) A child who is being reunited with their family and has been in the temporary custody of Child and Family Services and/or an out-of-home placement with a kinship caregiver.

(d) An adoptive placement may be at risk of disruption or dissolution and services are needed to maintain the child in the adoptive home.]

(a) A child has experienced abuse or neglect but can remain safely in the home with a safety plan.

(b) A child is placed with a non-custodial parent or relatives who have custody and guardianship of the child.

(c) A child is returned home from out-of-home care.

(d) An adoptive placement is at risk of disruption and intensive services are needed to maintain the child in the adoptive home.

(e) When reunification is likely within 14 days and intensive support is needed in conjunction with a current out-of-home care caseworker to prepare for and facilitate the reunification.

(2) A family may not [be accepted]qualify for In-Home Services under the following conditions:

(a) A family has the ability to access resources, supports, and services on their own[.], and

(b) [There are no specific threats of harm to the child that are not managed by the protective capacities of the family.]There is minimal risk of abuse/neglect to the child, and

(c) The family requires no ongoing monitoring by Child and Family Services.

(3) In-Home Services may be voluntary or court ordered. A petition may be filed for court-ordered protective supervision of the family.

[(a) Voluntary services are preferred over court ordered services.

(b) A petition may be filed for court-ordered protective supervision of the family.]

(4) In-Home Services are available in all geographic regions of the state.

 

R512-100-5. Service Delivery.

(1) Child and Family Team:

(a) [With the family's assistance, a Child and Family Team shall be established for each family receiving In-Home Services.]The caseworker will engage the child and family to assemble a Child and Family Team. A Child and Family Team includes informal supports identified by the family in addition to the service providers who are or will be working with the family. The Child and Family Team meets regularly and assesses the strengths and needs of the child and family and plans for the child's safety, permanency, and well-being. Teaming occurs through ongoing information sharing and collaboration.

[(b) At a minimum, the Child and Family Team shall assist with assessment, Child and Family Plan development, and selection of permanency goals; oversee progress toward completion of the Child and Family Plan; and provide input into adaptations to the Child and Family Plan.]

(2) [Child and Family Assessment:]Assessing:

(a) [A written assessment that evaluates the child and family's strengths and underlying needs is completed for each family working with Child and Family Services.]The purpose of assessing is to inform the Child and Family Team so that they know what they need to know to do what they need to do. Assessing is a sequential process of gathering information about the family's strengths and needs, analyzing the information, drawing conclusions, and acting on those conclusions by developing a plan to meet the identified needs. These needs are met through the provision of effective interventions that help the family achieve enduring safety, permanency, and well-being. Assessing is an ongoing and evolving process throughout the case.

(3) [Child and Family Plan:]Planning:

(a) [Based upon the Child and Family Assessment, each child and family receiving In-Home Services shall have a written Child and Family Plan in accordance with Section 62A-4a-205.]A Child and Family Plan shall be developed for each family receiving In-Home Services in accordance with Section 62A-4a-205. The Child and Family Plan guides the provision of services/interventions and is tracked and adapted throughout the case.

(b) Members of the Child and Family Team , including the parents and the child, if age appropriate, shall assist in [creating]developing the Child and Family Plan.

(c) A copy of the completed Child and Family Plan shall be provided to the parent or guardian. If In-Home Services are court ordered, a copy of the Child and Family Plan will be provided to the court, Assistant Attorney General, Guardian ad Litem, and legal counsel for the parent or guardian.

(4) Permanency Goals:

(a) All children receiving In-Home Services shall have a primary permanency goal and, if appropriate, a concurrent permanency goal identified by the Child and Family Team.

(b) For court-ordered In-Home Services, both primary and concurrent permanency goals, when applicable, shall be submitted to the court for approval.

(5) Duration of Services:

(a) [In-Home Services shall continue until the identified threats of harm have been managed by decreasing the child vulnerabilities and/or increasing the protective capacities of the family, or when the child can no longer safely remain in the home.]For court-ordered services, the caseworker will continue to work with the family until the circumstances that brought the family to the attention of Child and Family Services are remedied and a ruling is made by the assigned judge to terminate Child and Family Services oversight.

(b) For voluntary services, the Child and Family Team assesses and determines when to end services with the family. This decision is staffed with the caseworker's supervisor.

 

KEY: child welfare

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-201; 62A-4a-202