DAR File No. 28613

Human Services, Child and Family Services

R512-203

Child Protective Services, Significant Risk Assessments

NOTICE OF PROPOSED RULE

DAR File No.: 28613
Filed: 04/13/2006, 01:17
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish Division procedures for completing a significant risk assessment to determine whether a juvenile is a significant risk to other children or the community and identifying the need for services.

Summary of the rule or change:

The Division shall conduct an assessment, following a report of abuse to the Division, of a suspected juvenile perpetrator for the purpose of determining risk to other children and the community. The assessment shall be based upon the facts of the case that are present during the Child Protective Services investigation.

State statutory or constitutional authorization for this rule:

Sections 62A-4a-101 and 62A-4a-116.1

Anticipated cost or savings to:

the state budget:

The finance director for the Division carefully reviewed possible anticipated costs or savings to the state budget because of this rule. It was determined that this rule clarifies existing practice and will not increase costs or savings to the Division budget. Services will provided within the current budget.

local governments:

After careful review by the Division's finance director of possible impact of anticipated costs or savings to local government, it was determined that there will be no increased cost or savings.

other persons:

After careful review by the Division's finance director of possible impact of possible anticipated costs or savings to other persons, it was determined that there will be no cost to or saving to a family or youth to administer this risk assessments.

Compliance costs for affected persons:

After careful review by the Division's finance director of possible compliance costs for affected persons, it was determined that there will be no compliance costs for affected persons.

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

There will be no impact on businesses. Lisa-Michele Church, Executive Director

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:

Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or AFTRUPP@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:

05/31/2006

This rule may become effective on:

06/01/2006

Authorized by:

Richard Anderson, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-203. Child Protective Services, Significant Risk Assessments.

R512-203-1. Authority and Purpose.

Pursuant to Section 62A-4a-105, the Division of Child and Family Services (DCFS) is authorized to provide Child Protective Services (CPS). DCFS is required by Section 62A-4a-116.1(4)(a) to promulgate a rule for making significant risk assessments.

R512-203-2. Definitions.

A. Assessment means an evaluation made to determine if a minor is a risk to other children and whether or not a minor's name should be retained on the Licensing Information System.

B. Significant risk means that a minor is likely to continue perpetrating against other children.

R512-203-3. Significant Risk Assessments.

A. During the course of a CPS investigation involving allegations of conduct by a juvenile that is identified as severe or chronic as those terms are defined in Sections 62A-4a-101 and 62A-4a-116.1, the CPS worker shall complete a significant risk assessment to determine whether a juvenile is a significant risk to other children or the community.

B. To conduct this assessment the CPS worker shall use the assessment tool developed by DCFS for the purpose of determining risk presented by the minor. The tool used will be the most current version of the significant risk assessment.

C. The assessment shall be based upon the facts of the case that are present during the CPS investigation.

D. The assessment process identified in Section R512-203-3A shall not be used to determine whether the allegation under investigation is supported or unsupported.

E. The juvenile's age alone is not a reason for determining whether the juvenile presents a significant risk.

F. The completed significant risk assessment instrument for each minor assessed shall be made a part of the CPS record and shall be classified as Private pursuant to the Government Records Management and Access Act.

KEY: child welfare, child abuse

Date of Enactment or Last Substantive Amendment: June 1, 2006

Authorizing, Implemented, or Interpreted Law: 62A-4a-105; 62A-4a-116.1

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or AFTRUPP@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.