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
Out of Home Services, Responsibilities Pertaining to an Out of Home Caregiver
NOTICE OF PROPOSED RULE
DAR File No.: 32464
Filed: 03/25/2009, 11:10
Received by: NL
Purpose of the rule or reason for the change:
This rule is being changed to add the authority citation, to list the placement priorities for a child in Out-of-Home care, and to make other nonsubstantive changes for consistency purposes.
Summary of the rule or change:
The proposed changes to this rule add the authority citation, make general wording changes for consistency purposes, outline the requirements for placing a child in the least restrictive placement that meets the child's needs, by order of priority, and clarify that background screening requirements must be met before a child may be placed with an out-of-home provider.
State statutory or constitutional authorization for this rule:
Sections 62A-4a-102, 62A-4a-105, and 78A-6-308, and Pub. L. 109-248
Anticipated cost or savings to:
the state budget:
None--There will be no increase in costs or savings to the state budget because these proposed changes clarify practice, but do not increase workload that would require additional staff or other costs.
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. The requirement for background screening must already be met by businesses that contract with Child and Family Services for Out-of-Home Services. The rule just clarifies that this requirement must be met prior to placement of a child. 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.
Out of Home] Services, Responsibilities
Pertaining to an [ Out of Home] Caregiver.
R512-302-1. Purpose and Authority.
A.] The purposes of this rule are to clarify:
1.] Qualification, selection, payment criteria,
and roles and responsibilities of a caregiver while a child is receiving [ out
of home] [ s]ervices, and
2.] Roles and responsibilities of [ the Division] to a caregiver for a child receiving [ out of home]
[ s]ervices in accordance with R512-300.
B.] Sections 62A-4a-105 and 62A-4a-106
authorize [ the Division] to provide [ out-of-home]
[ s]ervices and 42 USC Section [ 4]72 authorizes
federal foster care. 42 USC Section [ 4]72
[ (2000)], and 45 CFR Parts 1355 and 1356 (200[ 0])
are incorporated by reference.
In addition to
definitions in [
Section ]R512-300-2, the following terms are defined for
the purposes of this rule:
A.] Caregiver means a licensed resource family,
also known as a licensed foster family, and may also include a licensed kin
Caregiver does not include a group home or residential facility that
provides [ out of home] [ s]ervices under
contract with [ the Division].
B.] Cohabiting means residing with another person and being involved
in a sexual relationship.
C.] Involved in a sexual relationship means any
sexual activity and conduct between persons.
D.] [ Out of Home]
Services means those services described in Rule R512-300.
E.] Residing means living in the same household
on an uninterrupted or an intermittent basis.
Qualifying as a Caregiver for a Child Receiving [
Out of Home]
A.] An individual or couple shall be licensed by
the Office of Licensing as provided in Rule R501-12 to qualify as a caregiver
for a child receiving [ out of home] [ s]ervices. After initial licensure, the caregiver shall
take all steps necessary for timely licensure renewal to ensure that the
license does not lapse.
B.] [ The Division] or contract provider shall provide pre-service training
required in [ Section] R501-12-5 after the provider has held
an initial consultation with the individual or couple to clearly delineate
duties of caregivers.
C.] The curriculum for pre-service and
in-service training shall be developed by the contract provider and approved by
[ the Division] according to [ the
Division's] contract with the provider.
D.] [ The Division] or contract provider shall verify in writing a
caregiver's completion of training required for licensure as provided in [ Section]
E.] [ The Division] or contract provider shall also verify in writing a
caregiver's completion of supplemental training required for serving children
with more difficult needs.
F.] Once a license[ d] is issued, the
caregiver's name and identifying information may be shared with the court,
assistant attorney general, guardian ad litem, foster parent training contract
provider, resource family cluster group, foster parent associations, the
Department of Health, the Foster Care Citizen Review Board, and the child's
primary health care providers.
Selection of a Caregiver for a Child Receiving [
Out of Home]
(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 [
home] [ s]ervices.
(2) An [
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
(3) An [
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.
The agency] may consider the [ o]ut-of-[ h]ome
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 63G-4-104.
The agency] may consider the child's sex, age, behavior, and the composition
of the foster family.
(4) A child in [
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.
(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.
(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:
(a) With siblings. (b) In the home of licensed kin. (c) With a licensed caregiver, group, or
residential provider within reasonable proximity to the child's family and
community, if the goal is reunification. (d) With a licensed caregiver, group, or
residential provider not in reasonable proximity to the child's family and
] (7) If a child is reentering custody of the [
the child's former [ out of home] caregiver shall be
given preference as provided in Section 62A-4a-206.1.
(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.
(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
Division] Roles and
Responsibilities to a Caregiver for a Child Receiving [ Out of Home]
A.] [ The Division] shall actively seek the involvement of the caregiver in the child
and family team process, including participation in the child and family team,
completing an assessment, and developing the child and family plan as described
in [ Section] R512-300-4.
B.] The child and family plan shall include
steps for monitoring the placement and a plan for worker visitation and
supports to the [ out of home] caregiver for a child
placed in Utah or out of state.
C.] In accordance with Section 62A-4a-205,
additional weight and attention shall be given to the input of the child's
caregiver in plan development.
D.] The caregiver shall be provided a copy of
the completed child and family plan.
E.] The caregiver has a right to reasonable
notice and may participate in court and administrative reviews for the child in
accordance with 42 USC Section 475(5) and Sections 78[ a]-6-310
F.] [ The Division] shall provide support to the caregiver to ensure that the child's
needs are met, and to prevent unnecessary placement disruption.
G.] Options for temporary relief may include
paid respite, non-paid respite, childcare, and babysitting.
H.] The worker shall provide the caregiver with
a portable, permanent record that provides available educational, social, and
medical history information for the child and that preserves vital information
about the child's life events and activities while receiving [ out of home]
Roles and Responsibilities of a Caregiver of a Child Receiving [
of Home] Services.
A.] An [ out of home]
caregiver shall be responsible to provide daily care, supervision, protection
and experiences that enhance the child's development as provided in a written
agreement entered into with [ the Division]
and the child and family plan.
B.] The caregiver shall be responsible to:
1.] Participate in the child and family team
2.] Provide input into the assessment and child
and family plan development process.
3.] Complete goals and objectives of the plan
relevant to the caregiver.
4.] Promptly communicate with the worker the
child's progress and concerns and progress in completing the plan or regarding
problems in meeting specified goals or objectives in advance of proposed
completion time frames.
Support and assist with parental visitation
C.] The caregiver shall document individualized
services provided for the child, when required, such as skills development or
D.] The caregiver shall maintain and update the
child's portable, permanent record to preserve vital information about the
child's life events, activities, health, social, and educational history while
receiving [ out of home] [ s]ervices. The caregiver shall share relevant health
and educational information during visits with appropriate health care and
educational providers to ensure continuity of care for the child.
Payment Criteria for a Caregiver of a Child Receiving [
Out of Home]
A.] An [ out of home]
caregiver shall receive payments according to the rate established for the
child's need level, not upon the highest level of service the caregiver has
been trained to provide.
B.] The daily rate for the monthly foster care
maintenance payment provides for the child's board and room, care and supervision,
basic clothing and personal incidentals, and may also include a supplemental
daily payment based upon a child's medical need or to assist with care of a
youth's child while residing with the youth in an [ out of home]
placement. Foster care maintenance may
also include periodic one-time payments for special needs such an initial
clothing allowance, additional needs for a baby, additional clothing, gifts,
lessons or equipment, recreation, non-tuition school expenses, and other needs
recommended by the child and family team and approved by [ the Division].
C.] A caregiver may also be reimbursed for transporting a foster
child for visitation with a parent or siblings, to participate in case
activities such as child and family team meetings and reviews, and for
transporting the child to activities beyond those normally required for a
family. The caregiver must document all
mileage on a form provided by [ the Division].
D.] The caregiver shall submit required
documentation to receive payments for care or reimbursement for costs.
Child Abuse Reporting and Investigation of a Caregiver Providing [
of Home] Services.
A.] Investigation of any report or allegation of
abuse or neglect of a child that allegedly occurs while the child is living
with an [ out of home] caregiver shall be investigated
by a contract agency or law enforcement as provided in Section 62A-4a-202.5.
Removal of a Child from a Caregiver Providing [
Out of Home]
A.] Removal of a child from a caregiver shall
occur as provided in Section 62A-4a-206 and Rule R512-31.
R512-302-10. Cohabitation Not Permitted for Foster Parents.
A.] foster parent or foster parents
must complete a declaration of compliance with Section 78B-6-137 that they are
not cohabiting with another person in a sexual relationship. [ Beginning May
1, 2000, the division] gives priority for
foster care placements to families in which both a man and a woman are legally
married or valid proof that a court or administrative order has established a
valid common law marriage, Section 30-1-4.5. An individual who is not cohabiting
may also be a foster parent if the Region Director determines it is in the best
interest of the child. Legally married couples and individuals who are not
cohabiting and are blood relatives of the child in [ the divisions']
custody may be foster parents pursuant to Section 78A-6-307.
KEY: child welfare
Date of Enactment or Last Substantive
September 9, 2004]
Notice of Continuation: August 20, 2008
Authorizing, and Implemented or Interpreted Law: 62A-4a-105
Text to be deleted is struck through and surrounded by brackets (e.g., [
example]). Text to be added is underlined (e.g., ). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
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