DAR File No. 39939
This rule was published in the December 1, 2015, issue (Vol. 2015, No. 23) of the Utah State Bulletin.
Human Services, Child and Family Services
Out-of-Home Services, Responsibilities Pertaining to a Parent or Guardian
Notice of Proposed Rule
DAR File No.: 39939
Filed: 11/12/2015 09:41:02 AM
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-106
- 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 do not increase workload that would require additional staff or other costs.
Local governments have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will experience no fiscal impact.
Small businesses have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule and will experience 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 email@example.com
- Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-301. Out-of-Home Services, Responsibilities Pertaining to a Parent or Guardian.
R512-301-1. Purpose and Authority.
(1) The purposes of this rule are to clarify:
(a) Roles and responsibilities of Child and Family Services to a parent or guardian of a child receiving out-of-home services in accordance with Rule R512-300, and
(b) Roles and responsibilities of a parent or guardian while a child is receiving out-of-home services.
(2) Sections 62A-4a-105 and 62A-4a-106
authorize Child and Family Services to provide out-of-home services
and 42 USC 672 authorizes federal foster care. 42 USC 672 as
amended by Public Law [
110-351 (October 7, 2008)], and 45 CFR Parts 1355 and 1356
[ (October 1, 2008)] are incorporated by reference.
(3) This rule is authorized by Section 62A-4a-102.
The following terms are defined for the purposes of this rule:
(1) Child and Family Services means the Division of Child and Family Services.
(2) Out-of-Home Services means those services defined in Rule R512-300.
(3) Child and Family Team means a group
that includes the child and family
and] meet[ s] together as often as needed to
[ support] the family [ and assist them ]in meeting their needs[ to achieve] goals that will lead to conclusion of Child and Family
[ This may include the referent or other concerned
individuals identified by the family as support
(4) Reunification means safely returning the child to the parent or guardian from whom the child was removed by court order or through a voluntary placement.
R512-301-3. Child and Family Services Roles and Responsibilities to a Parent or Guardian of a Child Receiving Out-of-Home Services when Reunification is the Primary Permanency Goal.
(1) Child and Family Services is responsible to make reasonable efforts to reunify a child with a parent or guardian when a court has determined that reunification is appropriate in accordance with Section 62A-4a-203 or when a child has been placed with Child and Family Services through a voluntary placement.
(2) Child and Family Services shall
the involvement of the]
parent or guardian in the Child and Family Team process,
participation in establishing the Child and Family Team, completing
an assessment, developing the Child and Family Plan, and selecting
the child's primary and concurrent permanency goals as described in Rule R512-300.
(3) The Child and Family Plan shall [
not only address the child's strengths and needs, but
shall also address the family's strengths and underlying
needs]. In accordance with Section 62A-4a-205, the plan shall
identify [ specifically ]what the parents must do in order
for the child to be returned home, [ including how those] requirements may be accomplished [ behaviorally ]and how the[ y]
shall be measured.
Provisions of the plan shall be crafted by the Child and
Family Team and designed to maintain and enhance parental
functioning, [ care],
(4) In accordance with Section 62A-4a-205, additional weight and attention shall be given to the input of the child's parent in the plan development.
(5)] The parent or guardian and the parent or
guardian's legal counsel shall be provided a copy of the
completed Child and Family Plan
(6)] The caseworker shall
contact with the parent or guardian
to facilitate progress towards [ goal achievement as determined by the needs of the parent
and the recommendations of the Child and Family Team]. At a minimum, the caseworker shall visit the parent or
guardian at least once per month.
(7)] Child and Family Services shall make
efforts to engage a parent or guardian in
continuing contacts with the child, whether through visitation,
phone, or written correspondence. Visitation
requirements specified in Rule R512-300 apply.
(8)] Child and Family Services shall also make
efforts to engage
a parent or guardian in [ appropriate parenting tasks] such as
attending school meetings and health care visits.
(9)] The parent or guardian has a right to reasonable notice
and may participate in court and administrative reviews for the
child in accordance with 42 USC 675 and Section 78A-6-317.
R512-301-4. Roles and Responsibilities of a Parent or Guardian of a Child Receiving Out-of-Home Services when Reunification is the Primary Permanency Goal.
In addition to responsibility to comply with orders made by
the court, a parent or guardian has responsibility to:]
(1)] [ Participate] in the Child and Family Team process.
(2)] [ Provide] input into the assessment and Child and Family
Plan development process [ to help] identify
changes [ in behavior ]and actions necessary to enable the
child to safely return home.
(3)] [ Complete] goals and objectives of the plan.
(4)] [ Communicate] with the caseworker about
progress [ in completing the plan or regarding problems in meeting
specified goals or objectives in advance of] proposed completion time frames.
(5)] [ Maintain] communication and frequent visitation with the
child in accordance with Rule R512-300, when not prohibited by the
(6)] [ Provide] information [ necessary] to determine the
child's eligibility for Federal benefits while in care
in accordance with Rule R512-300[ , including] information on household
income, assets, and household composition.
(7)] [ Provide] financial support for the child's care
in accordance with 42 USC 671
and Sections 62A-4a-114 and 78A-6-1106, unless deferred or
waived as specified in Rule R495-879.
R512-301-5. Guidelines for Making Recommendations for Reunification to the Court.
(1) In accordance with Section 62A-4a-205, when considering reunification, the child's health, safety, and welfare shall be the paramount concern.
(2) The Child and Family Team shall consider the following factors in determining whether to recommend that the court order reunification:
(a) The risk factors that led to the placement were acute rather than chronic.
(b) The child and family assessments
factors such as threats of harm, protective capacities of
the parent or guardian, the child's vulnerabilities, the level
of informal and formal supports available to the family, and the
family history, including past patterns of behavior]) conclude that the parent
appears to possess or [ have the potential to develop] the ability to ensure the child's safety
and provide a nurturing environment.
(c) The parent is committed to the child and indicates a desire to have the child returned home.
(d) The child has a desire for reunification as determined using age appropriate assessments.
(e) Members of the Child and Family Team support a reunification plan.
(f) If the parent is no longer living with
the individual who severely abused the minor, reunification may be
if] the parent is able to implement a plan that ensures the
child's ongoing safety.
(g) Existence of factors or exceptions that preclude reunification as specified in Section 78A-6-312.
(3) Child and Family Services shall provide additional relevant facts, when available, to assist the court in making a determination regarding the appropriateness of reunification services such as:
(a) The parent's failure to respond to
previous services or [
(b) The child being abused while the parent was under the influence of drugs or alcohol .
(c) Continuation of a chaotic, dysfunctional lifestyle.
(d) The parent's past history of violent behavior .
(e) The testimony of a properly qualified professional or expert witness that the parent's behavior is unlikely to be successfully changed.
R512-301-6. Return Home and Trial Home Placement.
(1) When [
a child and family's safety needs have been met and the
original reasons and risks have been reduced or eliminated,
the] child may return home[ ,] when allowable by court order or in conjunction
with provisions of a voluntary placement.
T]he Child and Family Team shall [ plan for the transition and return home prior to the child
Child and Family Services shall provide
reasonable notice (unless otherwise ordered by the court) of the
date the child will be returning home [
to all pertinent parties such as] the child, parents,
Guardian ad Litem,
out-of-home care provider, school staff, therapist, and
partner agencies[ , so all parties can be adequately prepared for the return
Prior to and when the child is returned home,
]Child and Family Services shall provide services directed at
assisting the child and family
[ with the ]transition
back into the home
and shall [ contact relevant parties to ensure] that no
further abuse or neglect is occurring
(5) If it is determined that the child and
family require more intensive services to ensure successful
reunification, intensive family reunification
s]ervices may be utilized in accordance with Rule
(6) A child may be returned home for a
trial home visit for up to [
60] days. The trial home visit shall continue until the court
has returned custody to the parent or guardian.
R512-301-7. Voluntary Relinquishment of Parental Rights.
(1) When it is not in a child's best interest to be reunified with the child's parents, Child and Family Services may explore with both parents the option of voluntary relinquishment in accordance with Section 78A-6-514.
(2) If the child is Native American, provisions of the Indian Child Welfare Act (ICWA), 25 USC 1913 shall be met.
R512-301-8. Termination of Parental Rights.
(1) If a court determines that reunification services are not appropriate, Child and Family Services shall petition for termination of parental rights in accordance with 42 USC 675, 42 CFR 1356.21, and Section 62A-4a-203.5 unless exceptions specified in 42 CFR 1356.21 or Section 62A-4a-203.5 apply.
(2) Child and Family Services shall
document in the Child and Family Plan [
care by kin or] compelling reasons [ for determining ]that filing for termination of
parental rights is not in the child's best interest[ s] and shall make the plan available to the court
(3) When Child and Family Services files a
petition to terminate parental rights,
the caseworker must [
also ]concurrently begin to identify, recruit,
process, and seek approval of a qualified adoptive family for the
child. These efforts must be documented in the case record as
specified in Rule R512-300.
(4) If the child is Native American, provisions of the ICWA, 25 USC 1913, shall be met.
(5) Child and Family Services shall not give approval to finalize an adoption until the period to appeal a termination of parental rights has expired.
KEY: social services, child welfare, domestic violence, child abuse
Date of Enactment or Last Substantive Amendment: [
December 22, 2010]
Notice of Continuation: May 16, 2013
Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-106
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at email@example.com; Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at firstname.lastname@example.org. For questions about the rulemaking process, please contact the Division of Administrative Rules.