This filing was published in the 04/15/2009, issue, Vol. 2009, No. 8, of the Utah State Bulletin.
Human Services, Child and Family Services
Children with Reportable Communicable Diseases
NOTICE OF PROPOSED RULE
DAR File No.: 32456
Filed: 03/19/2009, 11:34
Received by: NL
Purpose of the rule or reason for the change:
This rule is being changed to add the purpose statement and authority citation, to update steps to be taken when it is discovered that a child has a communicable disease, and to make other nonsubstantive changes for consistency purposes.
Summary of the rule or change:
The proposed changes to this rule add the purpose statement and authority citation under a new Section R512-32-1. All following sections are renumbered. The amendment also makes general wording changes for consistency purposes, and updates procedures to be taken when it is discovered that a child in the state's custody has a communicable disease.
State statutory or constitutional authorization for this rule:
Sections 62A-4a-102, 62A-4a-105, 26-6-3, 26-6-18, and 26-6-27
Anticipated cost or savings to:
the state budget:
None. There will be no increase in costs or savings to the state budget because the procedural changes contained in the rules do not require any increased staff time from the prior procedures or add any additional costs to the agency.
None--There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.
small businesses and persons other than businesses:
None--There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.
Compliance costs for affected persons:
None--It was determined that there are no compliance costs for affected persons associated with implementing the changes to this rule.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no cost or savings on businesses because it was determined that this rule does not apply to 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: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 801-557-1772, 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 may become effective on:
Duane Betournay, Director
R512. Human Services, Child and Family Services.
R512-32. Children with Reportable Communicable Diseases.
(1) "Communicable Disease" means any infectious condition reportable to the Utah Department of Health, pursuant to Section 26-6-3. These diseases are listed in the Code of Communicable Disease Rules (R386-702-2 and R386-702-3). In addition, for the purposes of this rule, human immunodeficiency virus (HIV) seropositivity will be considered a communicable disease. Non-reportable minor illnesses such as strep, flu, and colds are excluded from this definition.
means a person authorized and licensed to supply the daily needs of children in
the custody of the Division of Child and Family Services. (Other divisions of the
Department, for example, the Division of Juvenile Justice Services, shall
function under separate communicable disease rules for those youth within their
custody and jurisdiction.)
(3) "UDHS" means the Utah Department of Human Services.
"DCFS"] means the Division of Child and Family Services.
(5) "UDOH" means the Utah Department
of Health, Bureau of Epidemiology or Bureau of [
Prevention and Control].
(6) "HIV Screening" means a laboratory test (Elisa Test) to detect evidence of infection with the HIV; the causative agent of acquired immunodeficiency syndrome (AIDS).
(7) "HIV Seropositivity" means the presence in an individual, as detected by confirmatory laboratory testing (Western Blot Test), of an antibody or antigen to the HIV.
(8) "High Risk Behaviors" means
behaviors which may include injectable drug use, sharing intravenous needles
and syringes, multiple sex partners, unprotected sex that increase the risks of
contracting Hepatitis B, AIDS, HIV disease, and sexually transmitted diseases
:] gonorrhea, syphilis, chancroid, granuloma inguinale,
chlamydial infections, pelvic inflammatory disease, and lymphogranuloma
(9) "Children at Risk" means an infant or child born to parent(s) engaging in or who have a history of engaging in high risk behaviors, or a child or youth who has been sexually abused by a person who engages in or has a history of engaging in high risk behaviors.
(10) "Contact" means an individual who has been exposed to a communicable disease through a known mode of transmission.
(11) "Controlled" means a classification of information (medical, psychiatric, or psychological) under the Government Records Access and Management Act (GRAMA), Section 63G-2-304.
(1) In accordance with Section 26-6-27, records
containing personal identifiers and information regarding communicable disease
are confidential. Such information
shall not be disclosed to any person (including UDHS personnel) who does not
have a valid and objective need to know.
Such persons who may have a valid and objective need to know may
the Division of ]Child
and Family Services administrators, program [ specialists],
supervisor, and caseworker, the foster parent or provider, UDOH, the Guardian
ad Litem, the Juvenile Court Judge, and persons providing psychological or
(2) Due to the GRAMA[
Act] and state
confidentiality laws, any documentation in the case record regarding HIV status
or any other communicable disease information must be filed under the
"Medical/Assessment" section of the case record.
3]. Identification and Testing of Children with
(1) Testing at Agency's Request.
(a) Many medical or laboratory tests to detect
communicable disease, including HIV screening, are not routinely performed as
part of physical or medical examinations of children in the custody of [
DCFS]. When [ DCFS] has custody and guardianship of a child who may have a
communicable disease, the State has the authority to obtain a medical
evaluation to determine the child's communicable disease status.
(b) If a foster parent or provider has a reasonable belief that a foster child or the foster child's parent may have a communicable disease, the foster parent or provider shall promptly discuss it with the caseworker.
(c) If the caseworker has a reasonable belief that the child may have a communicable disease, the caseworker is required to contact UDOH promptly for consultation.
(d) A "reasonable belief" includes the
following: information received that may indicate the child or the child's
parent may be at risk from engaging in or having a history of engaging in high
risk behaviors as defined in R512-32-1[
(H)], a child who may
be at risk as defined in R512-32-1[ (I)], or medical
information received by the worker, foster parent or
(e) Communicable disease testing requires
written, informed consent. If [
DCFS] has custody and guardianship of a child, [ the State
(DCFS)] has the authority to provide
written, informed consent for communicable disease testing. If a child under the custody and
guardianship of [ DCFS] refuses to be
tested, the worker is required to contact UDOH and the Attorney General's office immediately upon hearing of
(f) When a parent of a child in the custody of [
DCFS] is known or reports to be involved in high risk
behaviors, the worker shall contact UDOH for consultation.
(g) All contacts with UDOH shall be documented
in the child's case record and filed under the [
assessment"] section of that
(2) Testing at Minor's Request.
(a) A minor may seek HIV testing without parental or UDHS consent. When the minor requests the test, the right to disclose test results belongs to the minor (Section 26-6-18). If the minor chooses to disclose the test results to UDHS, UDHS cannot disclose the test results to any other person, including the Guardian Ad Litem. Upon disclosure to UDHS of a positive test result, the caseworker shall contact UDOH for consultation and follow up.
(b) When a record of HIV testing is subpoenaed,
the caseworker shall immediately contact the Attorney General's office or the [
or [ DCFS assistant director].
4]. Preparation for Placement in Foster or
(1) Prior to placing a child with a communicable
disease, or upon discovering a child has a communicable disease,
DCFS] caseworker[ shall] contact [ UDOH] for consultation. After consultation with [ UDOH]
and prior to placing the child, the [ DCFS] worker shall [ staff
the case with their supervisor, assistant director, the provider (as defined in
R512-32-1, Definitions), as well as the DCFS program specialist or DCFS
assistant director to assess the health risk to the child, to the provider, and
to any other persons in the home. After
the consultation with the team, UDOH, the caseworker, and the provider shall
define the precautions necessary to mitigate the health risk.]
5]. Considerations Regarding Placement of a
Child With a Communicable Disease.
(1) A provider's decision to accept placement of a child with a communicable disease shall be made with sufficient knowledge of the specific risks involved, as well as any special accommodations or care requirements. Prior to making this decision, the caseworker shall refer the provider to UDOH for consultation on the nature of the disease, modes of transmission, appropriate infection control measures, special care requirements, and universal precautions.
(2) If, after consultation, the provider accepts
the placement, a Communicable Disease Information Acknowledgement form shall be
signed by the provider and placed in his or her file, as well as the child's
case record under the [
(3) If a minor is discovered to have a
communicable disease after placement, the consultation and documentation
described in R512-32-5[
(A)] and R512-32-5[ (B)]
shall be accomplished without delay.
6]. Pick-Up Orders.
(1) Pick-up orders filed with the Juvenile Court
may state that the youth is engaging, or has a history of engaging, in [
[ r]isk [ b]ehaviors. The order or supplementary forms cannot include information that
the child has or may have a communicable disease.
7]. Returning a Minor to the Parent's Custody.
(1) If a minor in [
DCFS] custody tests positive for the HIV disease and the minor is
being returned home, UDOH shall be responsible for informing natural parents of
the child's positive test. Both
caseworker and UDOH shall coordinate the placement of the child back home. The caseworker shall assist the parents in
planning for the child's care and medical follow up needs.
(2) If a minor in [
DCFS] custody tests positive for a communicable disease other
than HIV disease and the minor is being returned home, the caseworker is
responsible for informing the natural parents of the child's positive test and
if needed, referring them to UDOH for consultation and appropriate medical
8]. When a Minor in Custody Has Been Exposed to
a Person Who Has Tested Positive.
(1) When a minor in the custody of [
DCFS] is identified by [ the Health Department]
as having been exposed to a person who has tested positive, UDOH shall contact
the [ DCFS foster care specialist] or [ assistant] director who shall then
contact the appropriate caseworker. The
caseworker shall contact UDOH to arrange for the minor to be tested and
counseled. The worker and
provider will follow up on recommended medical treatment and other necessary
KEY: child welfare, foster care
Date of Enactment or Last Substantive
Notice of Continuation: September 19, 2007
Authorizing, and Implemented or Interpreted Law: 62A-4a-105, 63G-2-304
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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 CAROLMILLER@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.
Last modified: 04/13/2009 4:53 PM