As in effect on August 1, 2008
(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.
(2) "Provider" 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.
(4) "DCFS" means the Division of Child and Family Services.
(5) "UDOH" means the Utah Department of Health, Bureau of Epidemiology or Bureau of HIV/AIDS 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 such as: gonorrhea, syphilis, chancroid, granuloma inguinale, chlamydial infections, pelvic inflammatory disease, and lymphogranuloma venereum.
(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 63-2-303.
(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 include: 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 medical treatment.
(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.
(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 provider.
(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 the refusal.
(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 "medical assessment" section of that record.
(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 DCFS program specialist or DCFS assistant director.
(1) Prior to placing a child with a communicable disease, or upon discovering a child has a communicable disease, the 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.
(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 Medical Section.
(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.
(1) Pick-up orders filed with the Juvenile Court may state that the youth is engaging, or has a history of engaging, in high risk behaviors. The order or supplementary forms cannot include information that the child has or may have a communicable disease.
(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 resources.
(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 services.
child welfare, foster care
1993
September 19, 2007
62A-4a-105
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