DAR File No. 27274

Human Services, Child and Family Services

R512-302-4

Selection of a Caregiver for a Child Receiving Out of Home Services

NOTICE OF PROPOSED RULE

DAR File No.: 27274
Filed: 07/02/2004, 11:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2004 session, S.B. 48 was passed which was in conflict with Section R512-302-4 of this rule. This required the Department of Human Services to make changes to Section R512-302-4. H.B. 197 gave an agency authority to recommend or rule based on the compatibility of a minor with a particular custody, placement, or other disposition alternative. Also updates language to cover proctor homes in addition to foster homes. (DAR NOTE: S.B. 48 is found at UT L 2004 Ch 264, and was effective 05/03/2004. H.B. 197 is found at UT L 2004 Ch 344, and was effective 05/03/2004.)

Summary of the rule or change:

It implements Section 63-46b-2.1 by stating that a caregiver shall be selected according to the caregiver's compatibility with the minor, as determined by the agency exercising its professional judgment.

State statutory or constitutional authorization for this rule:

Subsection 63-98-102(5) and Section 63-46b-2.1

Anticipated cost or savings to:

the state budget:

There is no cost to the State budget. The Office of Licensing currently conducts home studies for the out-of-home caregiver and reviews for Child Placing foster care agencies. This process is in place and adds no additional requirements.

local governments:

No impact on local government as they are not involved in this process.

other persons:

It may reduce the cost for out-of-home caregiver because it takes away the requirement to render the weapons inoperable or locked in a approved safe. Exact cost cannot be determined at this time.

Compliance costs for affected persons:

It may reduce the cost for out-of-home caregiver because it takes away the requirement to render the weapons inoperable or locked in a approved safe. Exact cost cannot be determined at this time.

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

This is a licensing process and will not have an impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Meredith Mannebach at the above address, by phone at 801-538-9877, by FAX at 801-538-4016, or by Internet E-mail at MMANNEBACH@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:

08/31/2004

This rule may become effective on:

09/01/2004

Authorized by:

Robin Arnold-Williams, Executive Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-302. Out of Home Services, Responsibilities Pertaining to an Out of Home Caregiver.

R512-302-4. Selection of a Caregiver for a Child Receiving Out of Home Services.

[A.](1) A caregiver shall have the experience, personal characteristics, temperament, and training necessary to work with a child and the child's family to be approved and selected to provide out of home services.

[B.](2) An out-of-home caregiver shall be selected according to the caregiver's skills and abilities to meet a child's individual needs and, when appropriate, an ability to support both parents in reunification efforts and to consider serving as a permanent home for the child if reunification is not achieved. When dictated by a child's level of care needs, the Division may require one parent to be available in the home at all times.

(3) An out-of-home caregiver shall be selected according to the caregiver's compatibility with the minor, as determined by the agency exercising its professional judgment. The best interest of the child shall be the agency's primary consideration when making a placement decision.

(a) The agency may consider the out-of-home caregiver's possession or use of a firearm or other weapon, espoused religious beliefs, or choice to school the minor outside the public education system in accordance with Section 63-46b-2.1.

(b) The agency may consider the child's sex, age, behavior, and the composition of the foster family.

[C.](4) A child in agency custody shall be placed with an out of home caregiver who is fully licensed as provided in Rule R501-12. A child may be placed in a home that is conditionally licensed only if the out of home caregiver is a kinship placement.

[D.](5) An out of home caregiver shall be given necessary information to make an informed decision about accepting responsibility to care for a child. The worker shall obtain all available necessary information about the child's permanency plan, family visitation plans, and needs such as medical, educational, mental health, social, behavioral, and emotional needs, for consideration by the caregiver.

[E.](6) If the court has not given custody to a non-custodial parent or kin provider, to provide safety and maintain family ties, the child shall be placed in the least restrictive placement that meets the child's special needs and is in the child's best interests, according to the following priorities:

[1.](a) With siblings.

[2.](b) In the home of licensed kin.

[3.](c) With a licensed caregiver, group, or residential provider within reasonable proximity to the child's family and community, if the goal is reunification.

[4.](d) With a licensed caregiver, group, or residential provider not in reasonable proximity to the child's family and community.

[F.](7) If a child is reentering custody of the Division, the child's former out of home caregiver shall be given preference as provided in Section 62A-4a-206.1.

[G.](8) A child's placement shall not be denied or delayed on the basis of race, color, or national origin of the out of home caregiver or the child involved.

[H.](9) Selection of a out of home caregiver for an Indian child shall be made in compliance with the Indian Child Welfare Act, 25 USC Section 1915, which is incorporated by reference.

KEY: child welfare

[September 3, 2003]2004

62A-4a-105

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Meredith Mannebach at the above address, by phone at 801-538-9877, by FAX at 801-538-4016, or by Internet E-mail at MMANNEBACH@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.