As in effect on June 1, 2008
A. Pursuant to Sections 62A-4a-103 and 62A-4a-105, the Division of Child and Family Services (DCFS) is authorized to provide programs and services which support the strengthening of family values, including services which preserve and enhance family life and relationships; protect children, youth, and families; and which advocate and defend family values established by public policy and advocacy and education.
B. Child Welfare Services shall be made available for children who are abused, neglected, exploited, abandoned; for those whose parents are unable to care for them; and for the assisting of youth who are ungovernable or who are runaways. Spouse abuse services shall be made available to assist victims who have been abused or threatened by their partners.
C. The Division shall provide protective services, services given in the family home, short-term temporary shelter care services, and out-of-home placement and adoption services. The "Best Interest of the Child" shall be the guiding principle used in making decisions for those served by the Division.
D. The programs administered by the Division of Child and Family Services have been established to help children remain with their families, to solve any appropriate problem in their homes, and, if that is not possible, to place them in substitute care for as short a time as possible. When the Division finds that return of a child to the family will never be possible, adoption or guardianship shall be sought to insure a permanent family for the child. The Spouse Abuse services shall provide comprehensive assistance to victims of abuse, their dependent children, and in some cases, to the abusive spouse or partner so that families can be restored to harmony or helped to develop new, more productive ways of life.
E. The Division shall provide its services through local offices situated throughout the state. These offices are listed in telephone directories under Utah State Department of Human Services, Division of Child and Family Services.
F. The State Division of Child and Family Services located in Salt Lake City shall operate as the central office to administer Child Welfare programs, which include: (1) program planning, (2) policy development, (3) training and consultation, (4) program financing, (5) administration of the Interstate Compact on Placement of Children and the Interstate Compact on Adoption and Medical Assistance, (6) legislative and federal liaison, and (7) information and referral.
The Division will either provide for, or contract for, any of several child abuse and neglect prevention services. Most prevention services shall be provided and funded according to the requirements of Section 62A-4a- 309, known as the Children's Trust Account legislation.
A. Protective Services. Child abuse and neglect investigation and services shall be provided to eligible clients. All referrals received alleging child abuse and neglect will be investigated in accordance with the provisions of Section 62A-4a-409. The Division will determine whether or not a child has been abused or neglected, or is in danger thereof, and shall take necessary action to protect the child from potential danger. Temporary care of children in shelter homes may be provided when children cannot be returned home due to the likelihood of further abuse or neglect. The parents of a child in shelter care will be kept informed of the child's health and safety and will be involved in developing plans for themselves and their child. If parents desire to visit their child in shelter care, shelter staff will arrange, as appropriate, visits with the child at the location designated by shelter staff but not at the shelter home. Assessment and treatment services will be provided to victims of child sexual abuse and their families.
1. Access. Investigations will be conducted using all appropriate referrals of alleged child abuse or neglect.
2. Eligibility. A report of occurrence of child abuse or that a child is at risk thereof will constitute sufficient eligibility.
B. Youth Services. Short-term crisis counseling services and shelter to runaway, homeless, and ungovernable youth and their families, may be provided in order to stabilize the family.
1. Access. Any youth, family, or other agency can access services defined in this rule, as long as the child is determined to be homeless, or ungovernable, or a runaway.
2. Eligibility. Youth who are either homeless, ungovernable, or who have run away shall be eligible.
A. Services. The Division shall offer services to families whose children are in their own homes, yet who are at a risk of or who have suffered from abuse or neglect. Services will be voluntary or court ordered, and shall be intensive to avoid unnecessary placement of children in substitute care. These services shall include, but not be limited to: (1) homemaker, (2) child day care, (3) day treatment for preschool children, (4) treatment for children who have been sexually abused, (5) protective supervision, and (6) family preservation services.
1. Access. Only families referred by DCFS staff shall be provided these services.
2. Eligibility. A family must be determined to be in a state of crisis and children shall be at risk of abuse or neglect. Clients receiving treatment for preschool children and sexual abuse treatment may be required to pay a fee based on the family's ability to pay. Fees shall be calculated as a percentage of family income up to the total cost of the service. Clients receiving child care as a protective service shall not be assessed a fee; however, if the family is receiving child care and paying a fee prior to protective services, they will continue to pay day care fees.
B. Custody Studies. Upon an order of the District Court, the Division may engage in and complete child custody studies.
1. Access. Access shall be authorized by receipt of a District Court Order.
2. Eligibility. A District Court Order will provide eligibility. The parties to the action shall be assessed a fee based upon income. Fees shall be determined from the Department fee schedule #1 for low income families. A separate fee schedule shall provide for parents to pay up to the total cost of the study based upon income for families above 150% of the median income.
C. Family Violence. For victims of family violence and their minor children, shelter care facilities may be provided in order to protect the victim and the children from further violence. Short-term counseling may be provided to the family while in shelter, and treatment services shall be offered to the perpetrator of the abuse in order to stop the violence and maintain the family as a unit. Children of abused spouses eligible for Domestic Violence services may receive child care without a fee as part of the protective services provided to the family.
1. Access. The victim of family violence shall have access to the services listed above by requesting protection or by referral.
2. Eligibility. The only eligibility factor is that the victim shall have been abused by the spouse or some other member of the family. The perpetrator may be assessed, through court order, for the costs of the Division's providing these services.
A. The following definitions apply to this section:
1. Cohabiting means residing with another person and being involved in a sexual relationship.
2. Involved in a sexual relationship means any sexual activity and conduct between persons.
3. Residing means living in the same household on an uninterrupted or an intermittent basis.
B. Foster Care and Group Care. Child placement services may be provided when parents are unable to meet their children's needs within the family. The Division has authority to place a child when the state has been granted custody through a court order, or when a voluntary agreement has been signed by the parents, or when the child is from another state and is covered by the Interstate Compact for the Placement of Children. The intent of foster or group care is to insure a permanent home for each child. This may be achieved through a return to the home, or through adoption, emancipation, guardianship, or permanent foster care services. A Permanency Plan for each foster child, defining the goal and steps to be taken to achieve permanency, shall be formulated. Periodic reviews shall be held at least once every six months to assess progress achieved within the Permanency Plan, and to project a likely date for returning the youth to the family home or to another permanent home arrangement. A dispositional hearing shall be held every 18 months from date of placement to determine the future status of the child. Foster care shall be provided in licensed family homes. A foster parent or foster parents must complete a declaration of compliance with Section 78-30-9(3)(a and b)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 78-3a-307(5). Group care shall be provided in licensed facilities which offer a more structured treatment environment than a family home. Foster homes are licensed in accordance with R501-12. Residential Treatment Programs, also known as group homes, are licensed in accordance with R501-2 and R501-3-3.
1. Access. Referrals can be made from Protective Services or from Juvenile Court and other agencies. Parents can request placement services by contacting the local DFS Office. Referrals for foster or group care may be screened to determine whether placement is the best option. In most cases, services which are intended to prevent placement must be first provided, before foster or group care will be considered by the Division.
2. Eligibility. Temporary child custody must be given to the State by court order, or by voluntary agreement, and most parents shall be obligated to pay support while their child is in foster care. Youth can be served in foster or group care until age 18, or until age 21 when ordered by the court.
C. Independent Living. Services may be given to older teenage foster children to teach self- sufficiency skills in order to increase their ability to be self-reliant in the future. Some who do not return to living with their parents upon leaving foster care will be allowed to live on their own. All foster children age 16 and older shall be required to be working toward at least one objective in developing independent living skills in their Permanency Plans.
1. Access. Access shall be given only by a referral from the foster care worker.
2. Eligibility. Foster children who are at least 16 years old and who are in custody of the State shall be eligible.
D. Adoption. This service provides adoptive homes for children in custody of the State who are legally available because the birth parents have been permanently deprived of parental rights by court action, or who have voluntarily relinquished their children for adoption. The choice of an adoptive home is based on the best interests of the child. When the children placed for adoption are hard to place because of their special needs, a subsidy payment can be approved to enable adoptions by a family needing assistance in caring for the child. Independent adoption home studies shall be completed only by direct order of a District Court.
1. Access. Access is available only by a referral from foster care staff. Adults wishing to adopt a child may apply to their local DCFS Office for consideration. Receipt of applications can be suspended by a local office based on the number of approved homes waiting for a placement and the number of children available.
2. Eligibility. To be eligible, the child must be in custody of the State, be legally freed for adoption, and the Division must determine that adoption is the best Permanency option for the child. Persons approved to be adoptive parents must meet certain standards before approval. Application and placement fees may be charged, or may be waived for families adopting a hard- to-place child. Fees, based on a sliding fee schedule, shall be charged for home studies sent to the U.S. Immigration Service and for completed Independent Adoption Home Studies. Authorization of subsidies for hard-to-place children shall be determined by the Division which shall assess the resources of the adoptive family to meet the child's need for maintenance or treatment.
E. Provider Services. Persons applying to be foster or emergency care parents shall be given information and a home study will be completed. For those approved as meeting program standards, basic training will be provided, as well as any additional training which may be required for some types of care. Annual reapproval is required.
1. Access. Persons interested in becoming foster parents or who wish to provide emergency care, such as shelter care, may apply to their local DCFS Office.
2. Eligibility. Any adult may apply for consideration. Persons approved to be providers must meet certain standards of the Division before approval is granted.
The regional office staff shall collect any assessed fees for services. Failure of a family to pay the assessed fee may result in the termination of the service and a referral to the Office of Recovery Services for collection. For hardship situations, a fee reduction can be considered by the Director of the Division. An appeal of any decision may be made according to the provisions of R503-5.
The Division shall comply with the Department of Human Services policy of Civil Rights. The Division seeks to provide equal opportunity and to insure due process in all actions taken pursuant to these rules. Consumers have the right to be notified about decisions made about their eligibility for any service which is requested and received through the Division of Child and Family Services, and to request a hearing if they disagree with any decision. Notice of a decision shall be sent by the Division when an application for service or a service payment is denied, or if a service is reduced or terminated. Consumers must make a request for any hearings regarding services and decisions specified in this rule in writing.
social services, child welfare, domestic violence, eligibility*
July 20, 2000
August 7, 2007
62A-4a-105
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