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Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).


Rule R512-200. Child Protective Services, Intake Services.

As in effect on May 1, 2009

Table of Contents

R512-200-1. Authority and Purpose.

A. The purpose of Intake Services is:

1. to receive and evaluate whether an investigation is needed;

2. assign for investigation, referrals of suspected child abuse, neglect, and dependency.

B. Pursuant to Section 62A-4a-105 and 62A-4a-403, the Division of Child and Family Services (DCFS) is authorized to provide child protective services.

R512-200-2. Definitions.

A. The following terms are defined for the purposes of this rule:

1. SAFE: DCFS' Child Welfare Management Information System.

R512-200-3. Scope of Services.

A. Qualification for Services.

1. DCFS will maintain a system for receiving referrals or reports about child abuse, neglect, or dependency. The system shall supply DCFS Child Protective Services (CPS) workers with a complete previous Division history for each child, including siblings, foster care episodes, all reports of abuse, neglect, or dependency, treatment plans, and casework deadlines.

B. Priority of the referral.

1. The Division establishes CPS priority time frames as follows:

a. A Priority 1 response shall be assigned when the child referred is in need of immediate protection. Intake will begin to collect information immediately after the completion of the initial contact from the referent. As soon as possible thereafter intake will obtain additional information, staff the referral to determine the priority, notify law enforcement, and assign to the DCFS CPS worker. Intake shall provide the DCFS CPS worker with information concerning prior investigations on SAFE. The DCFS CPS worker has as a standard of 60 minutes from the time Intake notifies the worker to initiate efforts to make face-to-face contact with an alleged victim. For a Priority 1R (rural) referral, a DCFS CPS worker has, as a standard, three hours to initiate efforts to make face to face contact if the alleged victim is more than 40 miles from the investigator who is assigned to make the face-to-face contact.

b. A Priority 2 response shall be assigned when physical evidence is at risk of being lost or the child is at risk of further abuse, neglect, or dependency, but the child does not have immediate protection and safety needs, as determined by the Intake checklist. Intake will begin to collect information as soon as possible after the completion of the initial contact from the referent. As soon as possible Intake will obtain additional information, staff the referral to determine the priority, assign the referral to the DCFS CPS worker, and notify law enforcement. Intake shall give verbal notification to the assigned DCFS CPS worker. Intake shall also provide the DCFS CPS worker with information concerning prior investigations on SAFE. The DCFS CPS worker has, as a standard, 24 hours from the time Intake notifies the worker to initiate efforts to make face-to-face contact with the alleged victim. Notification of a Priority 2 referral received after normal working hours (8:00 a.m. through 5:00 p.m.) shall occur as early as possible following morning.

c. A Priority 3 response shall be assigned when potential for further harm to the child and the loss of physical evidence is low. Prior to transferring the case to a CPS Intake worker will obtain additional information, research data sources, staff the referral as necessary, determine the priority, complete documentation including data entry, make disposition to CPS, and notify law enforcement. Intake shall also provide the DCFS CPS worker with information concerning prior investigations on SAFE. The DCFS CPS worker will make the face-to-face contact with the alleged victim within a reasonable period of time.

d. A Priority 4 response shall be assigned when one or more of the following apply and there are no safety or protection issues identified:

1. A juvenile court or district court orders an investigation where there are no specific allegations of abuse, neglect, or dependency (unless otherwise ordered by the court).

2. There is an alleged out-of-home perpetrator (an alleged perpetrator who does not reside with or have access to the child) and there is no danger that critical evidence will be lost.

3. An agency outside the state of Utah requests a courtesy investigation, and the circumstances in the case do not meet the definition of a priority 1, 1R, 2, or 3.

C. Out-of-State Abuse or Neglect Report.

1. DCFS will take reasonable steps to ensure that reports of abuse or neglect are referred for investigation to the appropriate out-of-state agency and shall take reasonable steps to adequately protect children in Utah who were victims of abuse in another state or country from the alleged perpetrator.

2. When the referent identifies an incident of abuse or neglect that occurred outside Utah but the child is in Utah at the time of the referral, the DCFS CPS worker shall:

a. Obtain all the information needed to complete a referral.

b. Determine whether the child is at risk of abuse or neglect from the alleged perpetrator.

c. Contact the child protective service agency in the state where the incident of abuse occurred and complete the referral process of that state.

d. Assign the referral to a DCFS CPS worker for a courtesy interview and coordination with the other state's investigation, when requested.

e. In domestic violence related child abuse cases, recognize another state's protective order.

f. If the other state refuses to open an investigation or the investigation is contrary to the evidence acquired in Utah, the referral shall be assigned to a DCFS CPS worker for investigation. The DCFS CPS worker completing the investigation shall review the case with the Attorney General's Office for assistance with jurisdictional issues.

D. When a referent identifies an incident of abuse or neglect that occurred in Utah, and the child is not in Utah at the time of the referral, the Intake worker shall:

1. Obtain all the information needed to complete a referral.

2. Determine the location of the child and the length of time the child will be at their current location. If the child will be outside the state of Utah longer than 30 days, a request for courtesy casework will be made in the state where the child is currently located.

3. If the child is determined to be at risk, a request will be made for courtesy casework within the priority time frame.

E. The Department of Health Child Care Licensing unit and/or the DHS Office of Licensing and appropriate DCFS staff shall be notified by Intake when DCFS receives a referral for an allegation of child abuse, neglect, or dependency against a licensed child care provider or out-of-home care provider. The referral shall be forwarded to the contracted entity for conflict of interest investigations when the allegation involves a child living in substitute care while in protective custody or temporary custody of DCFS, or any other DCFS conflict of interest.

F. Availability.

1. CPS Services are available in all geographic regions of the state.

KEY

social services, child welfare, domestic violence, child abuse

Date of Enactment or Last Substantive Amendment

September 3, 2003

Notice of Continuation

August 20, 2008

Authorizing, Implemented, or Interpreted Law

62A-4a-105


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For questions regarding the content or application of rules under Title R512, please contact the promulgating agency (Human Services, Child and Family Services). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.

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 rules.

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