No. 34160 (Amendment): Rule R512-301. Out of Home Services, Responsibilities Pertaining to a Parent or Guardian

(Amendment)

DAR File No.: 34160
Filed: 10/20/2010 09:30:57 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add rulemaking authority, update citation information, and make minor formatting and grammatical changes.

Summary of the rule or change:

The proposed changes to this rule add the rulemaking authority for Child and Family Services, update the referenced citations, and make minor formatting and grammatical changes for consistency.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 62A-4a-102
• Section 62A-4a-106

This rule or change incorporates by reference the following material:

• Adds Title 45, Chapter XIII, Part 1356, published by Government Printing Office, 10/01/2008
• Adds Pub. L. No. 110-351, published by Government Printing Office, 10/07/2008
• Adds Title 42, Chapter 7, Subchapter IV, Section 672, published by Government Printing Office, 01/03/2007
• Adds Title 45, Chapter XIII, Part 1355, published by Government Printing Office, 10/01/2008

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes update citation information and add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.

local governments:

There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government, but only applies to Child and Family Services.

small businesses:

There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses, but only applies to Child and Family Services.

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

There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities, but only applies to Child and Family Services.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule.

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

There will be no costs or savings 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:

12/15/2010

This rule may become effective on:

12/22/2010

Authorized by:

Brent Platt, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-301. Out[ ]-of[ ]-Home Services, Responsibilities Pertaining to a Parent or Guardian.

R512-301-1. Purpose and Authority.

[A.](1) The purposes of this rule are to clarify:

[1.](a) Roles and responsibilities of Child and Family Services[the Division] to a parent or guardian of a child receiving out[ ]-of[ ]-home services in accordance with Rule R512-300, and

[2.](b) Roles and responsibilities of a parent or guardian while a child is receiving out[ ]-of[ ]-home services.

[B.](2) Sections 62A-4a-105 and 62A-4a-106 authorize Child and Family Services[the Division] to provide out-of-home services and 42 USC [Section 4]672 authorizes federal foster care. 42 USC [Section 4]672 as amended by Public Law 110-351 (October 7, 2008)[(2000)], and 45 CFR Parts 1355 and 1356 ( October 1, 200 8[0]) are incorporated by reference.

(3) This rule is authorized by Section 62A-4a-102.

 

R512-301-2. Definitions.

The following terms are defined for the purposes of this rule:

[A.](1) Child and Family Services[Division] means the Division of Child and Family Services.

[B.](2) Out[ ]-of[ ]-Home Services means those services defined in Rule R512-300.

(3) Child and Family Team means a group that includes the child and family and meets together as often as needed to support the family and assist them in meeting their needs to achieve goals that will lead to conclusion of Child and Family Services involvement. This may include the referent or other concerned individuals identified by the family as support persons.

[C.](4) Reunification means safely returning the child to the parent or guardian from whom the child was removed by court order or through a voluntary placement.

 

R512-301-3. Child and Family Services[Division] Roles and Responsibilities to a Parent or Guardian of a Child Receiving Out[ ]-of[ ]-Home Services when Reunification is the Primary Permanency Goal.

[A.](1) Child and Family Services[The Division] is responsible to make reasonable efforts to reunify a child with a parent or guardian when a court has determined that reunification is appropriate in accordance with Section 62A-4a-203 or when a child has been placed with Child and Family Services[the Division] through a voluntary placement.

[B.](2) Child and Family Services[The Division] shall actively seek the involvement of the parent or guardian in the Child and Family Team process, including participation in establishing the Child and Family Team, completing an assessment, developing the Child and Family Plan, and selecting the child's primary and concurrent permanency goals as described in Rule[Section] R512-300[-4].

[C.](3) The Child and Family Plan shall not only address the child's strengths and needs, but shall also address the family's strengths and underlying needs. In accordance with Section 62A-4a-205, the plan shall identify specifically what the parents must do in order for the child to be returned home, including how those requirements may be accomplished behaviorally and how they shall be measured. Provisions of the plan shall be crafted by the Child and Family Team and designed to maintain and enhance parental functioning, care , and familial connections.

[D.](4) In accordance with Section 62A-4a-205, additional weight and attention shall be given to the input of the child's parent in the plan development.

[E.](5) The parent or guardian and the parent or guardian's legal counsel shall be provided a copy of the completed Child and Family Plan.

[F.](6) The caseworker shall have regular contact with the parent or guardian to facilitate progress towards goal achievement as determined by the needs of the parent and the recommendations of the Child and Family Team. At a minimum, the caseworker shall visit the parent or guardian at least once per month.

[G.](7) Child and Family Services[The Division] shall make efforts to engage a parent or guardian in continuing contacts with the child, whether through visitation, phone, or written correspondence. Visitation requirements specified in Rule[Section] R512-300[-4] apply.

[H.](8) Child and Family Services[The Division] shall also make efforts to engage a parent or guardian in appropriate parenting tasks such as attending school meetings and health care visits.

[I.](9) The parent or guardian has a right to reasonable notice and may participate in court and administrative reviews for the child in accordance with 42 USC [Section 4]675[(6)] and Section 78A-6-317.

 

R512-301-4. Roles and Responsibilities of a Parent or Guardian of a Child Receiving Out[ ]-of[ ]-Home Services when Reunification is the Primary Permanency Goal.

In addition to responsibility to comply with orders made by the court, a parent or guardian has responsibility to:

[A.](1) Participate in the Child and Family Team process.

[B.](2) Provide input into the assessment and Child and Family Plan development process to help identify changes in behavior and actions necessary to enable the child to safely return home.

[C.](3) Complete goals and objectives of the plan.

[D.](4) Communicate with the caseworker about progress in completing the plan or regarding problems in meeting specified goals or objectives in advance of proposed completion time frames.

[E.](5) Maintain communication and frequent visitation with the child in accordance with Rule[Section] R512-300[-4], when not prohibited by the court.

[F.](6) Provide information necessary to determine the child's eligibility for Federal benefits while in care in accordance with Rule[Section] R512-300[-4], including information on household income, assets, and household composition.

[G.](7) Provide financial support for the child's care in accordance with 42 USC [Subsection 4]671[(a)(19)] and Sections 62A-4a-114 and 78A-6-1106, unless deferred or waived as specified in Rule R495-879.

 

R512-301-5. Guidelines for Making Recommendations for Reunification to the Court.

[A.](1) In accordance with Section 62A-4a-205, when considering reunification, the child's health, safety, and welfare shall be the paramount concern.

[B.](2) The Child and Family Team shall consider the following factors in determining whether to recommend that the court order reunification:

[1.](a) The risk factors that led to the placement were acute rather than chronic.

[2.](b) The child and family assessments (including factors such as threats of harm, protective capacities of the parent or guardian, the child's vulnerabilities,[the initial risk assessment,] the level of informal and formal supports available to the family, and the family history, including past patterns of behavior) conclude that the parent appears to possess or have the potential to develop the ability to ensure the child's safety and provide a nurturing environment.

[3.](c) The parent is committed to the child and indicates a desire to have the child returned home.

[4.](d) The child has a desire for reunification as determined using age appropriate assessments.

[5.](e) Members of the Child and Family Team support a reunification plan.

[6.](f) If the parent is no longer living with the individual who severely abused the minor, reunification may be considered if the parent is able to implement a plan that ensures the child's ongoing[on-going] safety.

[7.](g) Existence of factors or exceptions that preclude reunification as specified in Section 78A-6-312.

[C.](3) Child and Family Services[The Division] shall provide additional relevant facts, when available, to assist the court in making a determination regarding the appropriateness of reunification services such as:

[1.](a) [t]The parent's failure to respond to previous services or service plan .[;]

[2.](b) [t]The child being abused while the parent was under the influence of drugs or alcohol .[;]

[3.](c) [c]Continuation of a chaotic, dysfunctional lifestyle .[;]

[4.](d) [t]The parent's past history of violent behavior .[;]

[5.](e) [t]The testimony of a properly qualified professional or expert witness that the parent's behavior is unlikely to be successfully changed.

 

R512-301-6. Return Home and Trial Home Placement.

[A.](1) When a child and family's safety needs have been met and the original reasons and risks have been reduced or eliminated, the child may return home, when allowable by court order or in conjunction with provisions of a voluntary placement.

[B.](2) The Child and Family Team shall plan for the transition and return home prior to the child being returned.

[C.](3) Child and Family Services[The Division] shall provide reasonable notice (unless otherwise ordered by the court) of the date the child will be returning home to all pertinent parties such as the child, parents, [g]Guardian ad [l]Litem, [foster]out-of-home care provider, school staff, therapist, and partner agencies, so all parties can be adequately prepared for the return home.

[D.](4) Prior to and when the child is returned home, Child and Family Services[the Division] shall provide services directed at assisting the child and family with the transition back into the home and shall contact relevant parties to ensure that no further abuse or neglect is occurring.

[E.](5) If it is determined that the child and family require more intensive services to ensure successful reunification, intensive family reunification services may be utilized in accordance with Rule R512-100.

[F.](6) A child may be returned home for a trial home visit for up to 60 days. The trial home visit shall continue until the court has [terminated agency custody]returned custody to the parent or guardian.

 

R512-301-7. Voluntary Relinquishment of Parental Rights.

[A.](1) When it is not in a child's best interest to be reunified with the child's parents, Child and Family Services[the Division] may explore with both parents the option of voluntary relinquishment in accordance with Section 78A-6-514.

[B.](2) If the child is [Indian]Native American, provisions of the Indian Child Welfare Act (ICWA), 25 USC 1913[Section 1915, incorporated by reference,] shall be met.

 

R512-301-8. Termination of Parental Rights.

[A.](1) If a court determines that reunification services are not appropriate, Child and Family Services[the Division] shall petition for termination of parental rights in accordance with 42 USC [Section 4]675[ (5)(E)], 42 CFR 1356.21[(i)], and Section 62A-4a-203.5 unless exceptions specified in 42 CFR 1356.21[(i)(2)] or [Subs]Section 62A- 4a-203.5[(3)] apply.

[B.](2) Child and Family Services[The Division] shall document in the Child and Family Plan care by kin or [a] compelling reasons for determining that filing for termination of parental rights is not in the child's best interests and shall make the plan available to the court for review.

[C.](3) When Child and Family Services[the Division] files a petition to terminate parental rights, the caseworker must also concurrently begin to identify, recruit, process, and seek approval of a qualified adoptive family for the child. These efforts must be documented in the [Child and Family Plan]case record as specified in Rule[Section] R512-300[-4].

[D.](4) If the child is [Indian]Native American, provisions of the ICWA, 25 USC 1913,[Indian Welfare Act, 25 USC Section 1915, incorporated by reference,] shall be met.

[E.](5) Child and Family Services[The Division] shall not give approval to finalize an adoption until the period to appeal a termination of parental rights has expired.

 

KEY: social services, child welfare, domestic violence, child abuse

Date of Enactment or Last Substantive Amendment: [September 3, 2003]2010

Notice of Continuation: August 20, 2008

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105 ; 62A-4a-106

 

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