No. 28612 (New Rule): R512-11. Accommodation of Moral and Religious Beliefs and Culture

DAR File No.: 28612
Filed: 04/13/2006, 01:15
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division establishes by the authority of Section 62A-4a-120 a rule to define the Division's procedures to accommodate the moral beliefs, religious beliefs, and culture of the children and families it serves.

 

Summary of the rule or change:

The Division recognizes that children and families have the right to be understood within the context of their family's moral beliefs, religious beliefs, and culture. When intervening with a family, Division workers shall ask the family to identify aspects of the family's moral beliefs, religious beliefs, and culture that are relevant to the care and placement of the child. The Division shall make reasonable efforts to accommodate the family's moral beliefs, religious beliefs, and culture when providing services. The family impact of this rule will be an increased accommodation by the Division of the specific moral beliefs, religious beliefs, and culture for each individual child and family it serves. This accommodation should improve the cooperative relationship between the Division and children and families.

 

State statutory or constitutional authorization for this rule:

Section 62A-4a-120

 

This rule or change incorporates by reference the following material:

42 U.S.C. 1996b; 25 U.S.C. 1901-63; 42 U.S.C. 1305; and 42 U.S.C. 2000bb1-4

 

Anticipated cost or savings to:

the state budget:

The finance director for the Division reviewed possible anticipated costs or savings to the state budget due to this rule. It was determined that this rule will not increase costs or savings to the Division budget. Services will be provided within the current budget.

 

local governments:

After a careful review of the possible impact of costs or savings on local government by the finance director for the Division, it was determined that there will be no increased costs or savings.

 

other persons:

The finance director for the Division reviewed possible anticipated costs or savings to other persons due to this rule. It was determined that the families affected by this rule will not see an increase in costs or savings.

 

Compliance costs for affected persons:

Families that are involved with the Division may have compliance costs if they elect to hire an attorney to represent them at court proceedings or administrative hearings.

 

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

There will be no impact on businesses. Lisa-Michele Church, 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
120 N 200 W
SALT LAKE CITY UT 84103-1500

 

Direct questions regarding this rule to:

Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at [e-mail] or [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:

05/31/2006

 

This rule may become effective on:

06/01/2006

 

Authorized by:

Richard Anderson, Director

 

 

RULE TEXT

R512. Human Services, Child and Family Services.

R512-11. Accommodation of Moral and Religious Beliefs and Culture.

R512-11-1. Authority.

A. The Division establishes by the authority of Section 62A-4a-120 a rule to define the Division's procedures to accommodate the moral beliefs, religious beliefs, and culture of the children and families it serves. The Division incorporates by reference the following Federal statutes: 42 U.S.C. 1996b; 25 U.S.C. 1901-63; 42 U.S.C. 1305; 42 U.S.C. 2000bb1-4.

 

R512-11-2. Definitions.

A. Accommodate means to adapt, adjust, or make provision to support.

B. Child and Family Plan means the collective intentions of the Child and Family Team documenting specific goals, roles, strategies, resources, and schedules for coordinated provision of assistance, supports, supervision, and services for the child, caregiver, and parents or guardians.

C. Child and Family Team means a group that may consist of the child, the child's family, the Division caseworker, the out-of-home provider, relatives, representatives of the family's moral beliefs, religious beliefs, and culture, representatives from education, health care, and law enforcement, the guardian ad litem, the parents' attorney, the attorney general, and other supportive individuals as designated by the family.

D. Culture means the totality of socially transmitted behavior patterns characteristic of a family and includes moral beliefs and religious beliefs.

E. Religious beliefs means faith or conviction in a system of principles or worship relating to the sacred and uniting its adherents in a community.

 

R512-11-3. Division Responsibilities.

A. The Division recognizes that children and families have the right to be understood within the context of their family's moral beliefs, religious beliefs, and culture.

B. When intervening with a family, Division workers shall ask the family to identify aspects of the family's moral beliefs, religious beliefs, and culture that are relevant to the care and placement of the child.

C. The Division shall convene a Child and Family Team when engaging children and families.

1. The Child and Family Team shall discuss with the child and family any aspects of their moral beliefs, religious beliefs, and culture that they wish to have accommodated.

2. The Child and Family Plan shall document the moral beliefs, religious beliefs, and culture of the child and family and the accommodations requested by the child and family. It shall document the method the Division will employ to make the accommodation or the reasons that accommodation is not reasonable or proper.

3. The decisions of the Child and Family Team related to accommodations of moral beliefs, religious beliefs, and culture shall be documented in the Child and Family Plan. Any accommodation that cannot be provided shall be explained to the child and family and noted in the Child and Family Plan.

4. When the Division is not able to accommodate exactly some aspect of the family's moral beliefs, religious beliefs, or culture, the Child and Family Team may explore the best way to accommodate the moral beliefs, religious beliefs, or culture of the child and family.

5. The accommodations in the Child and Family Plan shall be periodically reviewed with the parents or caregivers, along with all other requirements, to assure that the moral beliefs, religious beliefs, and culture of the child and family are met according to the requirements of the Child and Family Plan.

D. The planning and implementation of all other activities provided by the Division that do not require a Child and Family Team shall identify in the Child and Family Plan aspects of the family's moral beliefs, religious beliefs, and culture that are relevant to the service. Documentation shall identify any requested accommodation and the method the Division employs to make accommodation for the child and family or the reasons accommodation is not reasonable or appropriate.

 

KEY: child welfare

Date of Enactment or Last Substantive Amendment: June 1, 2006

Authorizing, Implemented, or Interpreted Law: 62A-4a-105; 62A-4a-106; 62A-4a-120