This filing was published in the 06/15/2007, issue, Vol. 2007, No. 12, of the Utah State Bulletin.
Human Services, Child and Family Services
NOTICE OF 120-DAY (EMERGENCY) RULE
DAR File No.: 30010
Filed: 06/01/2007, 02:26
Received by: NL
Purpose of the rule or reason for the change:
This change is to provide safe and proper care for children in Out-of-Home Care.
Summary of the rule or change:
The change details the maximum number of children who remain in Out-of-Home Care for over 24 months and the steps that will be taken to ensure that number remains static as required by 42 U.S.C. 671.
State statutory or constitutional authorization for this rule:
Section 62A-4a-105 and 42 U.S.C. 671
Anticipated cost or savings to:
the state budget:
The Federal Revenue Manager for the Division reviewed possible anticipated costs or savings to the state budget due to changes to this rule. It was determined that there will not be an increase in costs or savings to the state budget. Services will be provided within the current budget.
After careful review of the possible impact of costs or savings on local government by the Federal Revenue Manager for the Division, it was determined that there will be no increases costs or savings to local government.
The Federal Revenue Manager for the Division reviewed possible anticipated costs or savings to other persons due to this rule change. It was determined that the families affected by this rule change will not see an increase in costs or savings.
Compliance costs for affected persons:
The Federal Revenue Manager for the Division reviewed possible anticipated costs or savings to affected persons due to this rule change. It was determined that the families affected by this rule change will not see an increase in costs or savings.
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
Emergency rule reason and justification:
Regular rulemaking procedures would place the agency in violation of federal or state law.
The Division of Child and Family Services is required by 42 U.S.C. 671 to create an administrative rule that addresses the number of children in Out-of-Home Care for over 24 months. This emergency rule is required in order to immediately bring the Division into compliance with this law while the Division puts a rule amendment through the regular rulemaking process.
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
120 N 200 W
SALT LAKE CITY UT 84103-1500
Direct questions regarding this rule to:
Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at CAROLMILLER@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:
This rule is effective on:
Duane Betournay, Director
R512. Human Services, Child and Family Services.
Out of Home]
R512-300-1. Purpose and Authority.
A. The purposes
Out of Home] Services are:
1. To provide a temporary, safe living arrangement for a child placed in the custody of the Division or Department by court order or through voluntary placement by the child's parent or legal guardian.
2. To provide services to protect the child and facilitate safe return of the child home or to another permanent living arrangement.
3. To provide
safe and proper care and address the child's needs while in [
62A-4a-105 and 62A-4a-106 authorize [
Division] to provide [ o]ut-of-[ h]ome [ s]ervices
and 42 USC Section 472 authorizes federal foster care. 42 USC Section 472 [ (2000)],
and 45 CFR Parts 1355 and 1356 (2000) are incorporated by reference.
The following terms are defined for the purposes of this rule:
A. Custody by court order means temporary custody or custody authorized by Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings or Section 78-3a-118. It does not include protective custody.
Division] means the Division of Child and Family Services.
C. Department means the Department of Human Services.
D. Least restrictive means most family-like.
E. Placement means living arrangement.
R512-300-3. Scope of Services.
for Services. [
Out of home]
[ s]ervices are provided to:
1. A child placed
in the custody of [
the Division] by
court order and the child's parent or guardian, if the court orders
2. A child placed
in the custody of the Department by court order for whom [
the Division] is given primary responsibility for case management or
for payment for the child's placement, and the child's parent or guardian if
reunification is ordered by the court;
3. A child
voluntarily placed into the custody of [
the Division] and the child's parent or guardian.
Out of home]
[ s]ervices consist of:
1. Protection, placement, supervision and care of the child;
2. Services to a
parent or guardian of a child receiving [
out of home]
[ s]ervices when a reunification goal is ordered by the court or
to facilitate return of a child home upon completion of a voluntary placement.
3. Services to
facilitate another permanent living arrangement for a child receiving [
of home] [ s]ervices if a court determines
that reunification with a parent or guardian is not required or in the child's
Out of home]
[ s]ervices are available in all geographic regions of the state.
D. Duration of
Out of home]
[ s]ervices continue until a child's custody is terminated by a
court or when a voluntary placement agreement expires or is terminated.
Division] Responsibility to a Child Receiving [ Out of Home]
A. Child and Family Team.
1. With the
family's assistance, a child and family team shall be established for each
child receiving [
out of home] [ s]ervices.
2. At a minimum, the child and family team shall assist with assessment, child and family plan development, and selection of permanency goals; oversee progress towards completion of the plan; provide input into adaptations to the plan; and recommend placement type or level.
1. A written
assessment is completed for each child placed in custody of [
the Division] through court order or voluntary placement and for the
2. The written assessment evaluates the child and family's strengths and underlying needs.
3. The type of assessment is determined by the unique needs of the child and family, such as cultural considerations, special medical or mental health needs, and permanency goals.
4. Assessment is ongoing.
C. Child and Family Plan.
1. Based upon an
assessment, each child and family receiving [
out of home]
[ s]ervices shall have a written child and family plan in
accordance with Section 62A-4a-205.
2. The child's parent or guardian and other members of the child and family team shall assist in creating the plan based on the assessment of the child and family's strengths and needs.
3. In addition to requirements specified in Section 62A-4a-205, the child and family plan shall include the following to facilitate permanency:
a. The current strengths of the child and family as well as the underlying needs to be addressed.
b. A description of the type of placement appropriate for the child's safety, special needs and best interests, in the least restrictive setting available and, when the goal is reunification, in reasonable proximity to the parent. If the child with a goal of reunification has not been placed in reasonable proximity to the parent, the plan shall describe reasons why the placement is in the best interests of the child.
c. Goals and objectives for assuring the child receives safe and proper care including the provision of medical, dental, mental health, educational, or other specialized services and resources.
d. If the child
is age 1[
6] or older, a written description of the programs and
services to help the child prepare for the transition from foster care to
independent living in accordance with Rule R512-305.
e. A visitation plan for the child, parents, and siblings, unless prohibited by court order.
f. Steps for
monitoring the placement and plan for worker visitation and supports to the [
of home] caregiver for a child placed in Utah or out of
g. If the goal is adoption or placement in another permanent home, steps to finalize the placement, including child-specific recruitment efforts.
4. The child and family plan is modified when indicated by changing needs, circumstances, progress towards achievement of service goals, or the wishes of the child, family, or child and family team members.
5. A copy of the
completed child and family plan shall be provided to the parent or guardian, [
of home] caregiver, juvenile court, assistant attorney
general, guardian ad litem, legal counsel for the parent, and the child, if the
child is able to understand the plan.
D. Permanency Goals.
1. A child in [
of home] care shall have a primary permanency goal and a
concurrent permanency goal identified by the child and family team.
2. Permanency goals include:
c. Guardianship (Relative).
d. Guardianship (Non-Relative).
e. Individualized Permanency.
3. For a child whose custody is court ordered, both primary and concurrent permanency goals shall be submitted to the court for approval.
4. The primary permanency goal shall be reunification unless the court has ordered that no reunification efforts be offered.
determination that [
services are appropriate for a child does not preclude adoption as a primary
permanency goal. Enrollment in [ independent
living] services can occur concurrently
with continued efforts to locate and achieve placement of an older child with
an adoptive family.
1. A child
out of home] [ s]ervices shall
receive safe and proper care in an appropriate placement according to placement
selection criteria specified in Rule R512-302.
2. The type of
placement, either initial or change in placement, is determined within the
context of the child and family team utilizing a need level screening tool
designated by [
3. Placement decisions are based upon the child's needs, strengths and best interests.
4. The following factors are considered in determining placement:
a. Age, special needs, and circumstances of the child;
b. Least restrictive placement consistent with the child's needs;
c. Placement of siblings together;
d. Proximity to the child's home and school;
e. Sensitivity to cultural heritage and needs of a minority child;
f. Potential for adoption.
5. 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
6. Placement of an Indian child shall be in compliance with the Indian Child Welfare Act, 25 USC Section 1915, which is incorporated by reference.
7. When a young
woman in [
Division] custody is mother of a child[ ,]
and desires and is able to parent the child with the support of the [ out of
home] caregiver, the child shall remain in the [ out of
home] placement with the mother. [ The Division] shall only petition for custody of the young woman's child if
there are concerns of abuse, neglect, or dependency in accordance with Title
78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
8. The child and
family team may recommend a[
n independent living ] placement for a child age 1[ 6] year
or older in accordance with Rule R512-305 when in the child's best interests.
G. Federal Benefits.
Division] may apply for eligibility for
Title IV-E foster care and Medicaid benefits for a child receiving [ out of
home] [ s]ervices. Information provided by the parent or
guardian, as specified in Rule R512-301, shall be utilized in determining
Division] may apply to be protective payee
for a child in custody who has a source of unearned income, such
as Supplemental Security Income or Social Security [ i]ncome. A [ trust]
account shall be maintained by [ the Division] for management of the child's income. The unearned income shall be utilized only towards costs of the
child's care and personal needs in accordance with requirements of the
H. Visitation with Familial Connections.
1. The child has a right to purposeful and frequent visitation with a parent or guardian and siblings, unless the court orders otherwise.
2. Visitation is not a privilege to be earned or denied based on behavior of the child or the parent or guardian.
3. Visitation may be supplemented with telephone calls and written correspondence.
4. The child also has a right to communicate with extended family members, the child's attorney, physician, clergy, and others who are important to the child.
5. Intensive efforts shall be made to engage a parent or guardian in continuing contacts with a child, when not prohibited by court order.
6. If clinically
contraindicated for the child's safety or best interests, [
the Division] may petition the court to deny or limit visitation with
7. Visitation and other forms of communication with familial connections shall only be denied when ordered by the court.
8. A parent whose parental rights have been terminated does not have a right to visitation.
Home] Worker Visitation with the Child.
1. The [
home] worker shall visit with the child to ensure that
the child is safe and is appropriately cared for while in an [ out of home]
placement. If the child is placed out
of the area or out of state, arrangements may be made for another worker to
perform some of the visits. The child
and family team shall develop a specific plan for the worker's contacts with
the child based upon the needs of the child.
J. Case Reviews.
1. Pursuant to
Sections 78-3a-311.5, 73-3a-312, and 78-31-313, periodic reviews of court
out of home] [ s]ervices shall
be held no less frequently than once every six months.
Division] shall seek to ensure that each
child receiving [ out of home] [ s]ervices
has timely and effective case reviews and that the case review process:
permanency for a child receiving [
out of home] [ s]ervices,
b. Assures that the permanency goals, child and family plan, and services are appropriate,
c. Promotes accountability of the parties involved in the child and family planning process, and
d. Monitors the
care for a child receiving [
out of home] [ s]ervices.
KEY: social services, child welfare, domestic violence, child abuse
Date of Enactment or Last Substantive Amendment: June 1, 2006
Authorizing, and Implemented or Interpreted Law: 62A-4a-105
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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 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at CAROLMILLER@utah.gov For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764).
Last modified: 06/13/2007 1:41 PM