DAR File No. 44139

Human Services, Child and Family Services

Rule R512-77

Child and Family Services Records

Notice of Proposed Rule

(New Rule)

DAR File No.: 44139
Filed: 10/17/2019 12:07:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being created in response to S.B. 108, passed in the 2019 General Session.

Summary of the rule or change:

This rule is created to define the nature of confidential information to be safeguarded by Child and Family Services, as well as to provide access to information regarding payments for services offered by Child and Family Services.

Statutory or constitutional authorization for this rule:

• Title 63G Chapter 2
• Section 62A-4a-102
• Section 62A-4a-112

Anticipated cost or savings to:

the state budget:

This proposed rule is not expected to have any fiscal impact on state government revenues or expenditures as the proposed language implements S.B. 108 (2019).

local governments:

There is little or no impact to local governments due to this rule. This rule implements S.B. 108 (2019).

small businesses:

There is little or no impact to small businesses due to this rule. This rule implements S.B. 108 (2019).

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

There is little or no impact to other persons due to this rule. This rule implements S.B. 108 (2019).

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing this rule because these changes are not fiscal in nature.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses because this rule defines the nature of confidential information to be safeguarded by Child and Family Services, as well as provides access to information regarding payments for services offered by Child and Family Services.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Diane Moore, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This rule is not expected to have a fiscal impact on non-small businesses' revenues or expenditures. It is only being created to define the nature of confidential information to be safeguarded by Child and Family Services, as well as to provide access to information regarding payments for services offered by Child and Family Services.

 

The head of the department of Human Services, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

R512. Human Services, Child and Family Services.

R512-77. Child and Family Services Records.

R512-77-1. Purpose and Authority.

(1) The purpose of this rule is to define the nature of confidential information to be safeguarded by Child and Family Services, as well as to provide access to information regarding payments for services offered by Child and Family Services.

(2) This rule is authorized by Sections 62A-4a-102 and 62A-4a-112.

 

R512-77-2. Definitions.

(1) "GRAMA" means the Government Records Access and Management Act detailed in Section 63G, Section 2.

(2) "Record" is defined as any document that is prepared, owned, received, or retained by Child and Family Services. Records may include photographs, film, audio and video recordings, digital recordings, electronic data, books, letters, papers, maps, plans, or any other documentary material. This also includes documents received or retained by the agency, even if the agency did not draft them. Records are not personal notes received or prepared by an employee of Child and Family Services in their private capacity, temporary drafts that are made for personal use, personal items listed in a daily calendar, or material owned by the individual in their private capacity.

 

R512-77-3. Release of Child and Family Services Records.

(1) Release of Child and Family Services records is governed by Section 63G, Section 2, GRAMA, as well as other specific statutory provisions.

 

R512-77-4. Examination of Child and Family Services Payments.

(1) An individual who is a taxpayer and resident of this state and who desires to examine a payment for services offered by Child and Family shall sign a statement using a form prescribed by Child and Family Services. That statement shall include the assertion that the individual is a taxpayer and a resident, and shall include a commitment that any information obtained will not be used for commercial or political purposes. No partial or complete list of names, addresses, or amounts of payment may be made by any individual, and none of that information may be removed from the offices of Child and Family Services.

(2) Based upon GRAMA and other specific statutory guidelines, Child and Family Services may not disclose the names or addresses of any child, youth, adult, or other person who has received services or who is identified in Child and Family Services' records.

(3) This rule does not prohibit Child and Family Services or its agents, or individuals, commissions, or agencies duly authorized for that purpose, from making special studies or from issuing or publishing statistical material and reports of a general character. This rule does not prohibit Child and Family Services or its representatives or employees from conveying or providing to local, state, or federal governmental agencies written information that would affect an individual's eligibility or ineligibility for financial service, or other beneficial programs offered by that governmental agency.

(4) Access to Child and Family Services program plans, guidelines, and records, as well as consumer records and data, is governed by Section 63G, Section 2, GRAMA and other specific statutory provisions.

 

KEY: child welfare, government records

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-112; 63G-2