No. 36916 (New Rule): Rule R512-52. Drug Testing Copayment for Parents of Children in Child and Family Services Custody

(New Rule)

DAR File No.: 36916
Filed: 10/04/2012 12:22:55 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

As mandated by the Utah State Legislature during the 2011 General Session, Child and Family Services is required to collect some or all of the costs associated with drug testing from parents of children in state custody.

Summary of the rule or change:

The purpose of this new rule is to implement the copayment requirements for drug testing mandated by the Utah State Legislature (S. B. 2, Item 87, 2011 General Session).

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-109
• Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

Child and Family Services estimates a yearly savings to the state budget of $132,600 (based on 2,210 copay drug tests per month at $5 per test).

local governments:

Child and Family Services determined that local governments are not affected by the rule and it will have no fiscal impact on them.

small businesses:

Child and Family Services determined that small businesses are not affected by the rule and it will have no fiscal impact on them.

persons other than small businesses, businesses, or local governmental entities:

Child and Family Services estimates a $132,600 cost to persons other than small businesses, businesses, or local government entities (based on 2,210 copay drug tests per month at $5 per test).

Compliance costs for affected persons:

A $5 copay will be assessed per each adult drug test.

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

This rule will have no fiscal impact on businesses.

Palmer DePaulis, Executive Director

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
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at [e-mail]
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, 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:

12/03/2012

This rule may become effective on:

12/10/2012

Authorized by:

Brent Platt, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-52. Drug Testing Copayment for Parents of Children in Child and Family Services Custody.

R512-52-1. Purpose.

(1) As intended by the Utah State Legislature during the 2012 Legislative Session, Child and Family Services is required to collect some or all of the costs associated with drug testing from parents of children in state custody.

 

R512-52-2. Authority.

(1) This rule is authorized by Sections 62A-4a-102 and 62A-4a-109.

 

R512-52-3. Applicability of Copayment.

(1) The copayment applies:

(a) If a parent has a child in Child and Family Services custody in out-of-home placement.

(b) When a parent's drug testing is completed by a Child and Family Services' contracted drug testing provider.

(2) The copayment does not apply:

(a) When the parent is testing through a non-Child and Family Services contracted drug testing provider.

(b) To a parent with a child in Child and Family Services custody on a trial home placement with that parent.

(c) To a parent who does not have children in Child and Family Services custody, including:

(i) Parents involved with Child Protective Services investigations.

(ii) Parents involved with In-Home Services who have custody of their children.

(iii) Parents involved with In-Home Services whose children are in the custody of kin or another caregiver.

(d) Youth clients.

(e) To a parent who has been ordered to pay the full cost of drug testing pursuant to Section 62A-4a-105(2)(b).

 

R512-52-4. Amount and Collection of Copayment.

(1) The amount of the copayment is determined by Child and Family Services.

(2) The collection of the copayment is performed by the Child and Family Services contracted drug testing provider at the time of specimen collection.

(3) The copayment must be collected before the drug test can be performed. Failure by the parent to provide the copayment will result in a missed drug test.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 62A-4a-109

 

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