As in effect on April 1, 2008
A. Pursuant to Section 62A-4a-105, the Division of Child and Family Services (DCFS) is authorized to provide Child Protective Services (CPS).
A. Qualification for Services. Referral and Investigation Allegation Categories for Abuse Neglect and Dependency. The Division worker receiving or investigating a report of child abuse, neglect, or dependency shall categorize the information into an allegation category. Severe and chronic categories of abuse and neglect are found in Sections 62A-4a-101 and 62A-4a-116.1. This rule contains the allegation categories that are not severe or chronic.
Abuse:
1. Child endangerment:
a. Driving under the influence with children in the vehicle;
b. Homes where there are lab paraphernalia, chemicals for manufacturing illegal drugs, access to illegal drugs, distribution of illegal drugs in the presence of a child, or loaded weapons within the reach of the child, or exposure to pornography;
c. Giving children illegal drugs or substances, alcohol, tobacco or non-prescribed/not recommended medications for that child;
d. Involving a child in the commission of crimes, such as shoplifting;
e. Other circumstances endangering a child.
2. Domestic Violence Related Child Abuse:
a. Potential for or actual injury to a child during a domestic violence episode;
b. Violent physical and/or verbal altercation between adults, in the presence a child.
3. Emotional abuse:
a. General emotional abuse, such as a pattern or severe isolated incident of:
i. Demeaning or derogatory remarks about the child or other family member in the presence of the child;
ii. Perception of or actual threatened harm;
iii. Corrupting or exploiting the child;
iv. Multiple false reports to CPS;
v. Terrorizing;
vi. Spurning (hostile rejecting);
vii. Denying emotional responsiveness;
viii. Isolating.
4. Material harmful to a child.
5. Physical abuse:
a. Physical abuse, general, excluding any physical abuse as defined herein, including (but not limited to):
i. Non-accidental injury to a child that may or may not be visible;
ii. Unexplained injuries to an infant or toddler;
iii. Unexplained injuries to a disabled or non-verbal child.
6. Fetal exposure to alcohol or other substances.
7. Fetal addiction to alcohol or other harmful substances.
8. Pediatric Condition Falsification (formerly known as Munchausen Syndrome by Proxy).
B. Neglect:
1. Medical neglect. This allegation or finding needs to based on the opinion of the child's primary care physician or other licensed medical professional. A parent or guardian may obtain a second opinion to be considered in determining medical neglect, at their own expense. A parent or guardian may obtain a second medical opinion to present for consideration by DCFS, but DCFS is not bound by the opinion and shall consider the totality of the facts.
2. Baby Doe (congenital birth defect that parents or caregiver declines to treat).
3. Failure to thrive, based on the opinion of the child's primary care physician or other licensed medical professional.
4. Neglect of child's physical health.
5. Neglect of child's psychological health.
6. Neglect of child's dental health.
7. Pediatric Condition Falsification (formerly known as: Munchausen Syndrome by Proxy).
8. Physical neglect.
9. Sibling or child at risk.
10. Educational neglect occurs when a child has been frequently absent from school without good cause or that the parent has failed to cooperate with school authorities in a reasonable manner, Sections 62A-4a-101(14)(a)(iv), 62A-4a-101(14)(b), and 78-3a-316.
11. Failure to protect.
12. Non-supervision.
13. Abandonment.
14. Environmental neglect. Physical neglect of the environment such as absence of utilities, home conditions below minimum standards, hazards, etc.
15. Dependency. A child who is homeless or without proper care through no fault of the child's parent, guardian, or custodian. Institutionalization of a parent or guardian who has not or cannot arrange for safe and appropriate care for the child.
C. Court ordered investigation. When a court orders an investigation on a case when the allegation is not one of the categories listed in this rule, the allegation category is court ordered.
D. Availability.
1. CPS Services are available in all geographic regions of the state.
social services, child welfare, domestic violence, child abuse
September 3, 2003
62A-4a-105
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