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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).

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Rule R512-201. Child Protective Services, Investigation Services.

As in effect on December 1, 2009

Table of Contents

R512-201-1. Authority and Purpose.

A. Purpose. Promoting protection, Child Protective Services, and safety of children by: accurate and timely investigations; and

1. assessments which determine the capability, willingness, and the availability of resources for achieving safety, permanence and well-being for the children. The DCFS CPS worker shall assess protection, risk, and safety needs of a child, the families strengths, needs, and challenges, capacity and willingness of the family to provide for and protect the child, and determine appropriate services.

2. Authority. Pursuant to Sections 62A-4a-105 and 62A-4a-202.3, the Division of Child and Family Services (DCFS) is authorized to provide child protective services.

R512-201-2. Definitions.

A. Immediate Protection and Safety Assessment: An organized protocol whereby DCFS or another agency gathers information to identify the strengths and challenges and other factors of the family members that may contribute to safety or risk issues of a child who may be an alleged victim of abuse, neglect, or dependency.

R512-201-3. Qualifications.

A. Children who are the subject of a referral for child abuse, neglect, or dependency qualify for investigation services, as described in Section 62A-4a-403 and DHS Rule, R512-200, Child Protective Services, Intake Services.

R512-201-4. Scope of Services.

A. A CPS investigation shall include (but is not limited to) the following:

B. Immediate Protection and Safety Assessment for the Child

The DCFS CPS worker shall assess the immediate protection safety needs of a child and the family's capacity to protect the child. The DCFS CPS worker shall include a domestic violence assessment.

C. CPS Investigation and Assessment. In addition to the requirements of Sections 62A-4a-202.3 and 62A-4a-409, a CPS investigation may include, but is not limited to, the following:

1. Assessment of immediate risk, safety, and protection needs of a child to include an assessment of risk, that an absent parent or cohabitant may pose to the child.

2. assessment of risk, protection, and safety needs for any siblings or other children residing in the home as sibling or child at risk. Complete the team consultation of each case.

3. Assessment of the family's strengths, needs, challenges, limitations, struggles, ability, and willingness to protect the child.

4. Determination of eligibility for enrollment or membership in a Native American tribe.

5. Medical or mental health evaluations completed as required by statute within required time frames to negate or lesson the possibility of physical injury, severe physical abuse, medical neglect, exposure to a hazardous, illegal chemical environment, or recent sexual abuse.

C. Availability.

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

2 Transfer of a Case When a Child has Moved Out of the State of Utah. DCFS regional and inter- regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child has moved out of the state.

3. If the child and family move outside the state of Utah before the DCFS CPS worker is able to make the face-to-face contact with the child and the new location of the child and family is known, the DCFS CPS worker shall contact the state child welfare agency where the family has moved and request courtesy casework. If the state child welfare agency where the family has moved refuses to complete courtesy casework, the case shall be closed as "unable to locate." If the receiving state child welfare agency agrees to complete the courtesy casework, the DCFS CPS worker shall make the appropriate finding based on information from the receiving state.

4. If the child and family move outside the state of Utah after the DCFS CPS worker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are known, the DCFS CPS worker who began the investigation shall contact the state child welfare agency where the family has moved and shall make a request for courtesy casework referral, providing the information that was obtained in the investigation. The case shall be closed as "unable to complete investigation" unless the information obtained meets the standard of "reasonable cause to believe" that the abuse, neglect, or dependency occurred. If a finding of "supported" is made against one or both of the parents/caregivers, upon case closure a Notice of Agency Action shall be sent to the address of family in their current state of residence.

a. If the facts of the investigation establish reason to suspect the child is in imminent danger, CPS shall make appropriate referrals to CPS and law enforcement in the other state and screen the case with the Assistant Attorney General for legal action.

5. If the child and family move out of the state of Utah after the DCFS CPS worker has made the face- to-face contact with the alleged victim and the whereabouts of the child and family are unknown, the DCFS CPS worker shall make reasonable efforts to locate the family in order to make a referral to request courtesy casework from the state child welfare agency where the family now resides. Reasonable efforts include (but are not limited to) contacting the post office for a forwarding address and checking with the school to obtain the address where records are being transferred when there is a school-age child in the home.

6. Transfer of a Case When a Child has Moved Within the State of Utah. Regional and inter-regional offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child who is the subject of the investigation has moved within the state of Utah.

7. Request for Courtesy Casework. A DCFS CPS worker may request courtesy assistance for completion of specific investigative activities on an open CPS case when the child or other related individual is not accessible to the assigned DCFS CPS worker.

8. Courtesy Casework Request from Another State. A DCFS CPS worker shall assist in the protection and supervision of a child under the jurisdiction of another state.

C. Duration of Services.

1. Unable to Locate Within the State of Utah. A DCFS CPS worker shall not close an investigation solely on the grounds that the child could not be located until reasonable efforts have been made by the caseworker to locate the child and family members.

2. Case Finding. At the conclusion of a CPS investigation, a finding shall be made for each allegation identified at the time of Intake or identified during the investigation. Each alleged victim in the case shall be linked to a specific allegation or allegations and to an alleged perpetrator or alleged perpetrators. Acceptable findings include:

a. Supported. A case finding of supported shall be used when there is a reasonable basis to conclude that abuse, neglect, or dependency occurred, even if the alleged perpetrator is unknown.

b. Unsupported. A case finding of unsupported/not accepted shall be used when there is insufficient evidence to conclude that abuse, neglect, or dependency occurred.

c. Without Merit. A case finding of without merit shall be used when there is evidence that abuse, neglect, or dependency did not occur.

d. Unable to Locate. A case finding of unable to locate shall be used when the DCFS CPS worker was unable to complete face-to-face contact with the alleged victim and all reasonable efforts were made to locate the child and family members.

e. Child and Family Assessment (in approved pilot region offices). A case finding of child and family assessment in approved pilot region offices shall be used when the case is converted from a CPS investigation to a family assessment.

f. Unable to Complete Investigation. A case finding of unable to complete investigation shall be used when the caseworker is unable to complete the investigation because the subject of the investigation has moved out of the state or similar reason.

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

Rule converted into HTML by the Division of Administrative Rules.

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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