No. 30393: R512-51. Fee Collection for Criminal Background Screening for Prospective Foster and Adoptive Parents and for Employees of Other Department of Human Services Licensed Programs

DAR File No.: 30393
Filed: 09/05/2007, 12:31
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to enable the Division of Child and Family Services (DCFS) to collect fees for processing criminal background screening for prospective foster and adoptive parents of children in state custody and other adults in the home, and for employees of other licensed programs upon request of the Office of Licensing.

Summary of the rule or change:

This rule will allow the DCFS to collect fees for electronic fingerprint scanning for the purpose of criminal background screening for prospective and adoptive parents of children in state custody and other adults in the home, and for employees of other Department of Human Services licensed programs. The Citizen Board for Child and Family Services approved this rule and fee schedule at its Board meeting held on 06/26/2007. (DAR NOTE: A corresponding proposed new rule is under DAR No. 30394 in this issue, October 1, 2007, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Pub. L. No. 109-248, and Sections 62A-2-120 and 78-3a-307.1

Anticipated cost or savings to:

the state budget:

There is not a substantive savings. DCFS estimates approximately $60,000 will be received to cover a portion of the costs necessary for agency workers to provide the fingerprint scanning services.

local governments:

There will be no costs or savings to local government because local government is not involved with performing background screening for prospective and adoptive parents of children in state custody and other adults in the home, and for employees of other Department of Human Services licensed programs.

small businesses and persons other than businesses:

There will not be a substantive financial impact for small businesses. Small businesses such as child placing agencies that utilize proctor families serving children in state custody may see a slight cost savings under the new fee structure for those families that required the fingerprint screening previously; however, changes in federal law also require additional families to have this check completed. Thus, the fees for this screening will be new costs, if the agency chooses to pay it on behalf of their prospective foster families.

Compliance costs for affected persons:

Each adult living in the home of prospective foster or adoptive parents of children in state custody will be charged $10 for the cost of fingerprint screening under this rule. The fingerprint screening is a new requirement under both state and federal law. In most instances, the families will bear the cost. For a small percentage of families, a child placing agency may pay this cost on their behalf.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses such as child placing agencies that utilize proctor families serving children in state custody may see a slight cost savings under the new fee structure for those families that required the fingerprint screening previously; however, changes in Federal law also require additional families to have this check completed. Therefore, if the agency chooses to pay it for the prospective foster families, the fees for this screening will be new costs. Lisa-Michele Church, Executive Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Pub. L. No. 109-248 requires that this rule become effective 04/01/2007.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule is effective on:

09/05/2007

Authorized by:

Duane Betournay, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-51. Fee Collection for Criminal Background Screening for Prospective Foster and Adoptive Parents and for Employees of Other Department of Human Services Licensed Programs.

R512-51-1. Purpose and Authority.

A. The purpose of this rule is to enable the Division of Child and Family Services to collect fees for processing criminal background screenings. These screenings are for prospective foster and adoptive parents of children in state custody and other adults in the home as required by Public Law 109-248 and Section 78-3a-307.1. These screenings are also for employees of other licensed programs upon request of the Office of Licensing as authorized by Section 62A-2-120, as capacity allows.

 

R512-51-2. Fee Collection for Electronic Fingerprint Scanning.

A. It is the responsibility of Child and Family Services Regional Offices to collect fees for electronic fingerprint scanning for the purpose of criminal background screening for prospective foster and adoptive parents of children in state custody and other adults in the home and for employees of other Department of Human Services licensed programs.

B. The amount of the fee charged for electronic fingerprint scanning will be approved by the Board of Child and Family Services as required by Section 62A-4a-102 and will not exceed the amount being charged for the same service from the Department of Public Safety, Bureau of Criminal Identification.

 

R512-51-3. Fee Collection for Cost of Submission of Electronic Fingerprints for Criminal Background Check.

A. Child and Family Services has the option to collect fees for all or part of the actual cost of submission of electronic fingerprints for criminal background checks through the Department of Public Safety, Bureau of Criminal Identification and the Federal Bureau of Investigation.

B. Child and Family Services may elect to pay all or part of this cost for prospective foster and adoptive parents of children in state custody and other adults in the home, subject to legislative funding for this purpose.

C. Child and Family Services will not pay any of the cost of submission of electronic fingerprints for criminal background checks for employees of other Department of Human Services licensed programs, but may submit the electronic fingerprints upon verification of payment of those fees by the Office of Licensing or designee.

 

KEY: criminal background screening, fees, foster care, adoption

Date of Enactment or Last Substantive Amendment: September 5, 2007

Authorizing, and Implemented or Interpreted Law: Pub. L. No. 109-248; 78-3a-307.1