No. 31589: R512-500. Kinship Services

DAR File No.: 31589
Filed: 06/18/2008, 09:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reason for this rule change is to implement changes in legislation passed during the FY 2008 legislative session (H.B. 36) specific to kinship services. (DAR NOTE: H.B. 36 (2008) is found at Chapter 36, Laws of Utah 2008, and was effective 03/13/2008.)

Summary of the rule or change:

This rule replaces the previous rule, and establishes standards for kinship placement for a child who is in Child and Family Services custody, including Preliminary Placement, evaluation of kinship caregiver capacity for ongoing care, and background screening. (DAR NOTE: A corresponding proposed repeal and reenactment for Rule R512-500 is under DAR No. 31590 in this issue, July 15, 2008, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Sections 62A-4a-102, 62A-4a-209, 78A-6-307, and 78A-6-307.5; the Indian Child Welfare Act (ICWA); and 25 U.S.C. Section 1903.1

Anticipated cost or savings to:

the state budget:

$147,400 cost through the loss of Federal funds. These funds were replaced through a fiscal note attached to the bill.

local governments:

There will be no costs or savings to local government because funding for this program comes out of state and federal funds and this rule does not apply to local government.

small businesses and persons other than businesses:

There will be no costs or savings to small businesses and persons other than businesses because it was determined that funding for this program comes out of state and federal funds and this rule does not apply to small businesses and persons other than businesses.

Compliance costs for affected persons:

Compliance costs will be minimal for affected persons. Primary caregivers in the relatives' home will be required to complete an FBI fingerprint-based check and will be charged $10 per person for the fingerprints to be scanned. Any other adults age 18 and older living in the home will also be required to have this fingerprint-based check and to pay the $10 fee for scanning. In addition, relatives who voluntarily care for a relative child will incur costs for caring for the child. The relatives will be given information about how to access public resources of support through Department of Workforce Services or through the Department of Human Services, if they choose to become a licensed foster parent.

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

There will be no cost or savings on businesses because it was determined that this rule does not apply to businesses. Lisa-Michele Church, Executive Director

Emergency rule reason and justification:

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

H.B. 36 passed during the 2008 legislative session became effective on 03/13/2008. This emergency filing is needed to bring the agency into compliance with state law.

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:

06/18/2008

Authorized by:

Duane Betournay, Director

RULE TEXT

R512. Human Services, Child and Family Services.

[R512-500. Kinship Services.

R512-500-1. Purpose and Authority.

A. The purpose of Kinship care is to:

1. make it possible for children who cannot remain safely at home to live with persons they may already know and trust;

2. reduce the trauma children may experience when placed with a non-relative caregiver who is not known to the child;

3. maintain children's family history, culture, and sense of identity;

4. assist families to consider and rely on family resources and strengths; and

5. support families to provide children the support they need.

b. Pursuant to Sections 62A-4a-209 and 78-3a-307, the Division of Child and Family Services (DCFS) is authorized to provide kinship placements and services.

 

R512-500-2. Qualifications.

A. Relatives will be considered for an emergency kinship placement when they meet the requirements of Sections 62A-4a-209 and 78-3a-307 and the following:

1. When the relative agrees to care for the child on an emergency basis under the following conditions:

a. The relative agrees not to allow the custodial parent or guardian to have any unauthorized contact with the child to contact law enforcement and DCFS if the custodial parent or guardian attempts to make unauthorized contact with the child;

b. The relative will agree not to talk to the child about the events that led to the removal, if the child wishes to talk about the events leading to the removal, refer to a therapist or other trusted individual who is not the relative caregiver;

c. The relative has been informed and understands that while they may be asked to be a potential long-term placement, DCFS will continue to search for other possible potential kinship placements for long-term care, if needed;

d. The relative is willing to assist the custodial parent or guardian in reunification efforts at the request of DCFS and to follow all court orders.

B. Criteria for an emergency kinship placement:

1. A relative will be considered as an emergency placement only if willing to provide the following:

a. Full names of all persons living in their household, including maiden names;

b. Social Security Numbers for all persons living in the household;

c. driver licenses or other identification for all persons living in the household, as applicable.

C. Assessment -- Non-custodial Parent

1. The region in which the non-custodial parent resides will conduct an assessment of the non-custodial parent as follows:

a. home inspection that will assess space, accommodations, and safety.

b. interview of the non-custodial parent to determine the following:

i. nature and quality of the relationship between the child and non-custodial parent;

ii. ability and desire to protect the child from further abuse and neglect.

D. The DCFS worker will interview the child (when age appropriate) regarding the child's relationship and comfort level with the non-custodial parent.

E. Deciding between Relatives.

1. If more than one relative requests consideration for temporary or permanent placement of the child, the DCFS worker:

a. Will provide each relative with specific information on the methods and criteria used to assess suitability of a relative's home for the placement of the child;

b. May conduct a child and family team meeting for the purpose of assisting the relatives to come to consensus regarding which relative would be the most appropriate placement for the child;

c. Will determine which relative has the closest existing personal relationship with the child before making the recommendation to the court.

d. Will determine which placement should be made and make a recommendation to the court consistent with that determination.]

R512-500. Kinship Services. Placement and Background Screening.

R512-500-1. Purpose and Authority.

(1) The purpose of this rule is to establish standards for kinship placement for a child who is in Child and Family Services custody, including Preliminary Placement, evaluation of kinship caregiver capacity for ongoing care, and background screening.

(2) This rule is authorized by Sections 62A-4a-209, 78A-6-307, 78A-6-307.5, and the Indian Child Welfare Act (ICWA), 25 U.S.C. Sections 1901-63.

 

R512-500-2. Definitions.

(1) "Abuse" is defined in Section 78A-6-105.

(2) "Child" is defined in Section 62A-4a-101.

(3) "Child and Family Services" means the Division of Child and Family Services, Department of Human Services.

(4) "Friend" means an individual, other than a non-custodial parent or relative as defined in Section 78A-6-307, who is licensed as a foster parent and is designated for preference for care of a child by a custodial parent or guardian of the child in accordance with Section 62A-4a-209.

(5) "Kinship caregiver" means a non-custodial parent, relative, or friend, as defined in this section, who is selected for placement and care of a child in Child and Family Services custody.

(6) "Neglect" is defined in Section 78A-6-105.

(7) "Non-custodial parent" is a natural parent as defined in Section 78A-6-307 who is a biological or adoptive mother, an adoptive father, or a biological father who was married to the child's biological mother at the time the child was conceived or born, or who has had paternity established, who has not been granted legal custody of the child.

(8) "Non-relative" is defined in Section 62A-4a-209.

(9) "Preliminary Placement" means an out-of-home placement with a non-custodial parent or relative, or with a friend who is a licensed foster parent, which is referred to in statute as an emergency placement with a non-custodial parent or relative as authorized in Section 62A-4a-209 or a post-shelter hearing placement with a non-custodial parent or relative as authorized in Section 78A-6-307.5.

(10) "Relative" is defined in Section 78A-6-307 as the child's "grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, brother-in-law, sister-in-law, stepparent, first cousin, stepsibling, or sibling of the child." For an Indian child, relative also includes "extended family members" as defined by the ICWA, 25 U.S.C. Section 1901-63, which is "by the law or custom of the Indian child's tribe or, in the absence of such law or custom, shall be a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt, or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent."

(11) "severe type of child abuse or neglect" is defined in Section 62A-4a-1002.

(12) "substantiated" is defined in Section 62A-4a-101.

(13) "ssupported" is defined in Section 62A-4a-101.

 

R512-500-3. Philosophy.

(1) All children need permanency through enduring relationships that provide stability, familiarity, and support for the culture of the child; support the child's sense of self based on existing attachments; provide for the child's safety and physical care; and connect the child to their past, present, and future through continuing family relationships. First priority is to maintain a child safely at home. However, if a child cannot safely remain at home, kinship care has the potential for providing these elements of permanency by virtue of the kin's knowledge of and relationship to the family and child.

(2) All kinship work is done in the context of a Child and Family Team. Kinship care includes elements of child protection, in-home services, family preservation, and foster care. When a child cannot safely remain home, kinship care is preferable to other out-of-home placements if the kinship caregiver can keep the child safe and appropriately meet the child's needs.

(3) The caregiver's willingness and ability to care for and keep the child safe are fundamental. The kinship caregiver must have or acquire knowledge of the child, be able to meet the child's needs, support reunification efforts, and be able to provide the child access to parents, siblings, and other family members through visits or caring for the child and siblings as a group.

(4) Ongoing assessment of the child's safety, permanence, and well-being is important to the stability and value of kinship care. Ongoing assessment of safety is based on the components of safety decision-making, which include threats of harm, vulnerabilities of the child, and protective capacities of the kinship caregiver and their support system.

(5) Providing for kinship care in the Child and Family Services spectrum of services requires active efforts to identify and locate kin families with whom children may form or continue relationships at home or in temporary or permanent placements. Support to kinship caregivers is essential to the success of the child's placement with the family and to the family's ability to respond to the needs of the child. As members of the Child and Family Team, kinship caregivers will seek support from other family members and from informal and formal supports to provide for the child.

 

R512-500-4. Preferences for Placement.

(1) The following order of preference applies to placement of a child in the custody of Child and Family Services, and is subject to the child's best interest:

(a) A non-custodial parent of the child in accordance with Section 78A-6-307;

(b) A relative of the child;

(c) A friend designated by the custodial parent or guardian of the child, if the friend is a licensed foster parent; and

(d) A former foster placement, shelter facility, or other foster placement designated by Child and Family Services.

(2) Preferential consideration given to kinship caregivers in Subsection 78A-6-307(18) expires 120 days from the date of the shelter hearing. Prospective kinship caregivers may be considered for placement after the 120 days has lapsed, if it is in the best interest of the child.

 

R512-500-5. Preliminary Placement.

(1) The requirements specified in Section 62A-4a-209 must be met for Preliminary Placement of a child with a kinship caregiver.

(2) A decision to make a Preliminary Placement of a child with a kinship caregiver will include background screening, assessment of the kinship caregiver's willingness and ability to care for a child and to keep the child safe, a limited home inspection, and background screening.

(3) A kinship caregiver must meet the background check requirements specified in R512-500-7(1).

(4) Assessment of safety will be based on safety decision-making principles, which include:

(a) Potential threats of harm;

(b) Vulnerabilities of the child; and

(c) Protective capacities of the potential kinship caregiver and their support system.

(5) The limited home inspection specified in Section 62A-4a-209 is required for a non-custodial parent or relative. The limited home inspection is conducted in the home of the prospective kinship caregiver to determine if there are apparent safety risks in the home that present a potential threat of harm to the child. The limited home inspection determines if the following are met:

(a) The home is free from observable health and fire hazards.

(b) There are adequate sleeping arrangements to meet the specific needs of each child.

(c) Any firearms, ammunition, hazardous chemicals, and/or medications are secured and not accessible to children.

(6) References may be contacted to obtain input regarding placing the child with the potential kinship caregiver or information about other available relatives or friends who may care for the child.

 

R512-500-6. Evaluation of Capacity for Ongoing Care of a Child.

(1) Child and Family Services will evaluate with the family their capacity for ongoing care of the child. The components of the evaluation process include:

(a) Results of the background screening specified in R512-500-7(2).

(b) The child-specific home study, including:

(i) Physical and emotional ability of the kinship caregiver to provide adequate care for the child;

(ii) Understanding of family dynamics and how placement will impact relationships within the family;

(iii) Ability to provide for the child's safety and well-being needs and to support a plan for permanency;

(iv) Analysis of the type of resources and support needed by the kinship caregiver to care for the child.

(v) Ability of the home to meet required safety standards of the Office of Licensing.

(c) Providing information to the kinship caregiver to assist with considering options for ongoing care of the child, including:

(i) Educating the kinship caregiver of the expectations of caring for a child who is under the jurisdiction of the court.

(ii) Assessing the resources that may be available to assist the kinship caregiver in providing a stable placement for the child.

(iii) Becoming a licensed foster care placement for the child.

(iv) Requesting temporary custody and guardianship from the court.

(2) A kinship caregiver who meets the definition of friend must be licensed as a foster parent in order for a child in the custody of Child and Family Services to be placed with them.

(3) Obtain positive written references from two different people known to the kinship caregiver expressing the referent's opinion about the family's ability to care for the child.

 

R512-500-7. Background Screening.

(1) Background Screening Procedure for Preliminary Placements.

(a) In order for a non-custodial parent or relative to be considered for Preliminary Placement of a child, background screening must be completed that meets the requirements of Sections 62A-4a-209, 78A-6-307, and 78A-6-308. If any non-relative adults live in the household, applicable background screening requirements in Sections 62A-4a-209, 78A-6-307, and 78A-6-308 must be met.

(b) A non-custodial parent or relative and all persons 18 years of age and older living in the household must provide the following information in order for background screening to be conducted:

(i) Full first, middle, last, maiden, alias, and all previous married names.

(ii) Social Security number, if a number has been issued.

(iii) Proof of identity verified by a government-issued photo identification.

(iv) Date of birth.

(2) Background Screening Procedure for Ongoing Care of a Child.

(a) As part of the evaluation of capacity for ongoing care of a child, in addition to background screening required for Preliminary Placement, a relative and spouse or partner must complete an FBI national criminal history records check as prospective foster or adoptive parents. A non-custodial parent will complete an FBI national criminal history check if Utah criminal history or SAFE child abuse checks result in concerns about potential threats of harm to the child or if ordered by the court.

(b) If a non-relative 18 years of age or older is residing in the home and has lived outside of the state of Utah in the five years immediately preceding the date of the application, the individual must complete an FBI national criminal history records check.

(c) If any person 18 years of age or older residing in the home has lived out of the state of Utah in the five years immediately preceding the date of the application, a child abuse and neglect registry check must be completed for any state in which the individual resided.

(d) A non-custodial parent or relative and all persons 18 years of age and older living in the household must provide the following information on a form provided by Child and Family Services in order for background screening to be conducted:

(i) Full first, middle, last, maiden, alias, and all previous married names.

(ii) Social Security number, if a number has been issued.

(iii) Proof of identity verified by a government-issued photo identification.

(iv) Date of birth.

(v) The potential kinship caregiver and applicable adults living in the household shall provide fingerprints from an authorized law enforcement agency or designated electronic scanning site.

(vi) The child abuse registry for each state in which a potential kinship caregiver or other adult in the household has lived will be checked.

 

KEY: child welfare, kinship

Date of Enactment or Last Substantive Amendment: June 18, 2008

Authorizing, and Implemented or Interpreted Law: 62A-4a-209, [78-3a-307]78A-6-307, 78A-6-307.5