No. 34778 (Emergency Rule): Rule R512-205. Child Protective Services, Investigation of Domestic Violence Related Child Abuse

DAR File No.: 34778
Filed: 05/05/2011 04:30:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This emergency rule is necessary to bring the Division of Child and Family Services into compliance with H.B. 453, passed during the 2011 General Legislative Session. (DAR NOTE: H.B. 453 (2011) was effective 05/10/2011.)

Summary of the rule or change:

This rule establishes criteria for investigation of an allegation of Domestic Violence Related Child Abuse and the basis upon which a supported finding will be made. (DAR NOTE: A corresponding proposed new Rule R512-205 is under DAR No. 34779 is this issue, June 1, 2011, of the Bulletin.)

Emergency rule reason and justification:

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

Justification: H.B. 453, passed during the 2011 General Legislative Session authorizes the Division of Child and Family Services to investigate allegations of Domestic Violence Related Child Abuse to the extent defined by rule on or before 05/10/2011. This rule is established in response to this legislation.

State statutory or constitutional authorization for this rule:

• Section 76-5-109.1
• Section 62A-4a-102
• Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

Estimated cost for Child and Family Services is $260,800 in general funds.

local governments:

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence related child abuse pertaining to a specific child. This rule does not require any action by local government and does not impact any formal relationship or interaction between Child and Family Services and local governments.

small businesses:

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence related child abuse pertaining to a specific child. This rule does not require any action for small businesses and does not apply to any business relationship or interaction between Child and Family Services and small businesses.

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

No fiscal impact--This rule specifies criteria pertaining to Child and Family Services investigation for a specific allegation of domestic violence related child abuse pertaining to a specific child. This rule does not require any action that would result in costs or savings for persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons. Affected persons are not required to pay fees or other costs for investigations conducted by Child and Family Services. Affected persons may experience indirect or non-financial costs, such as impact on personal time during the investigation.

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]

This rule is effective on:

05/10/2011

Authorized by:

Brent Platt, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-205. Child Protective Services, Investigation of Domestic Violence Related Child Abuse.

R512-205-1. Purpose and Authority.

(1) The purpose of this rule is to establish criteria for investigation of an allegation of Domestic Violence Related Child Abuse and the basis upon which a supported finding will be made.

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

 

R512-205-2. Definitions.

(1) "Cohabitant" has the same meaning as in Section 78B-7-102.

(2) "Dangerous weapon" has the same meaning as in Section 76-1-601.

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

(4) "Domestic violence" has the same meaning as in Section 77-36-1.

(5) "Domestic Violence Related Child Abuse" means domestic violence between cohabitants in the presence of a child. It may be an isolated incident or a pattern of conduct.

(6) "In the presence of a child" has the same meaning as in Section 76-5-109.1.

(7) "Serious bodily injury" has the same meaning as in Section 76-1-601.

(8) "Substantial bodily injury" has the same meaning as in Section 76-1-601.

 

R512-205-3. Administrative Findings.

(1) The commission of acts of domestic violence in the presence of a child is child abuse, because it results in non-accidental harm or threatened harm to the child. Such abuse is subject to the reporting statute (Section 62A-4a-403).

(2) Research establishes that exposure to domestic violence causes emotional or developmental harm or threatened harm to children, which may later be manifested in behavioral problems, increased risk of drug or alcohol abuse, increased risk of becoming perpetrators or victims of abuse, or in emotional disorders such as post-traumatic stress disorder.

(3) Exposure to domestic violence may also threaten a child with physical harm.

(4) Awaiting the manifestation of emotional or developmental harm does not protect children from such harm, and early intervention is required to mitigate and prevent further harm.

(5) Accordingly, establishing the commission of an act of domestic violence in the presence of a child shall be sufficient to establish Domestic Violence Related Child Abuse, without any further evidence of harm.

(6) The primary responsibility to investigate allegations of Domestic Violence Related Child Abuse as defined in Section 76-5-109.1 lies with law enforcement, and Child and Family Services has no responsibility to investigate domestic violence in the presence of a child as described in that section, except as provided in this rule (see Section62A-4a-105(6)).

 

R512-205-4. Investigation.

(1) An allegation of Domestic Violence Related Child Abuse, that meets all other requirements for acceptance, shall be accepted by Child and Family Services for investigation if it is alleged that a child was physically present or saw or heard an incident of domestic violence and:

(a) The alleged perpetrator used or threatened to use a dangerous weapon; or

(b) The alleged perpetrator threatened to cause substantial or serious bodily injury; or

(c) The alleged victim sustained substantial or serious bodily injury; or

(d) There is a pattern of two or more CPS investigations of Domestic Violence Related Child Abuse within the previous two years; or

(e) Another allegation of abuse, neglect, or dependency is being accepted or is in the process of being investigated.

 

R512-205-5. Investigation Findings.

(1) Upon completion of an investigation of Domestic Violence Related Child Abuse, a supported finding may be based upon the definitions of this rule.

 

KEY: child abuse, domestic violence

Date of Enactment or Last Substantive Amendment: May 10, 2011

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 76-5-109.1

 

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