R512-301. Out-of-Home Services, Responsibilities Pertaining to a Parent or Guardian, R512. Human Services, Child and Family Services, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

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

Latest version.

(1) The purposes of this rule are to clarify:

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

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

(2) Sections 62A-4a-105 and 62A-4a-106 authorize Child and Family Services to provide out-of-home services and 42 USC 672 authorizes federal foster care. 42 USC 672 as amended by Public Law 113-183 (September 29, 2014), and 45 CFR Parts 1355 and 1356 (January 6, 2012) are incorporated by reference.

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

R512-301-2. Definitions

Latest version.

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

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

(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 other concerned individuals involved in providing formal or informal supports or services to the family, that meet together as often as needed to assist the family in meeting their needs, providing a safe home for their children, and achieving the goals that will lead to conclusion of Child and Family Services involvement. The family is involved in identifying individuals they want included as a part of the Child and Family Team.

(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 Roles and Responsibilities to a Parent or Guardian of a Child Receiving Out-of-Home Services when Reunification is the Primary Permanency Goal

Latest version.

(1) Child and Family Services 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 through a voluntary placement.

(2) Child and Family Services shall actively seek to involve both the custodial and non-custodial parents or guardians in the Child and Family Team process, unless their whereabouts are unknown, 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 R512-300. Child and Family Services shall also involve the child's foster parents, stepparent (when appropriate), and the Guardian ad Litem, if one has been appointed by the court.

(3) The Child and Family Plan shall address the strengths and needs of both the child and the family. In accordance with Section 62A-4a-205, the plan shall identify what the parents must do in order for the child to be returned home, specifically how the requirements may be accomplished and how the requirements shall be measured. The plan shall also include the specific services needed to reduce the problems that necessitated placing the child in out-of-home care. Child and Family Services shall utilize and complete an assessment, with the input of the Child and Family Team, to identify the provisions that will be included in the plan. Provisions of the plan shall be crafted by the Child and Family Team and designed to maintain and enhance parental functioning, improve safety, well-being, and permanency for the child, and preserve familial connections.

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

(5) Child and Family Services shall make a substantial effort to develop a Child and Family Plan with which the child's parents agree. If a parent does not agree with the services outlined on the Child and Family Plan, Child and Family Services shall make attempts to resolve the disagreement, and, if unsuccessful, shall inform the court of the disagreement.

(6) The parent or guardian, foster parent, Guardian ad Litem, and the parent or guardian's legal counsel shall be provided a copy of the completed Child and Family Plan upon finalization of the plan, or as soon as reasonably possible following finalization.

(7) The caseworker shall make diligent attempts to have regular face-to-face contact with the parent or guardian in order to facilitate progress towards completion of the provisions outlined in the Child and Family Plan. At a minimum, the caseworker shall visit the parent or guardian at least once per month.

(8) Child and Family Services shall make diligent efforts to engage a parent or guardian in continuing contacts with the child, whether through visitation, phone, or written correspondence, when it is not prohibited by court order. Visitation requirements specified in Rule R512-300 apply.

(9) Child and Family Services shall also make reasonable and diligent efforts to engage and involve a parent or guardian in their child's activities and appointments, such as attending school meetings, recreational activities, and health care visits, when it is determined to be safe for the child and not prohibited by court order.

(10) Child and Family Services must include the parent or guardian as fully as possible when making health care decisions for the child, as long as the child's health and well-being are not compromised by the decision.

(11) 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 675 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

Latest version.

A parent or guardian is responsible for:

(1) Complying with court orders.

(2) Participating in the Child and Family Team process.

(3) Providing input into the assessment and Child and Family Plan development process, in order to identify specific behavioral changes and actions necessary to enable the child to safely return home.

(4) Completing goals and objectives of the plan.

(5) Frequently communicating with the caseworker about their progress or inability to comply with the objectives of the plan, prior to the proposed completion time frames.

(6) Maintaining communication and frequent visitation with the child in accordance with Rule R512-300, when not prohibited by the court.

(7) Providing information to enable Child and Family Services to determine the child's eligibility for Federal benefits while in care, in accordance with Rule R512-300. Necessary information includes information on household income, assets, and household composition.

(8) Providing financial support for the child's care, in accordance with 42 USC 671, 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

Latest version.

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

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

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

(b) The child and family assessments (including the safety, risk, and family functioning assessments, as well as any other pertinent assessments) conclude that the parent appears to possess or has developed the ability to ensure the child's safety and provide a nurturing environment.

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

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

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

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

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

(a) The parent's failure to respond to previous services or Child and Family Plans.

(b) The child being abused while the parent was under the influence of drugs or alcohol, and whether the parent's substance abuse continues to impact their ability to safely parent.

(d) The parent's past history of violent behavior and whether any behavioral changes have been made to address that behavior.

(e) 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

Latest version.

(1) When the safety issues that resulted in the child being placed in out-of-home care are remedied or eliminated and the parent has demonstrated the behavioral changes needed in order to safely enable the child to return home, Child and Family Services may recommend a trial home placement or a return home to the court. The child may return home when allowable by court order or in conjunction with provisions of a voluntary placement.

(2) Successful reunification shall be systematically considered and planned for from the earliest possible point in the life of the case. Prior to the child being physically returned home, the Child and Family Team shall discuss and have a well-defined plan for the child to transition home from out-of-home care. Good transition planning shall include identifying ongoing formal and informal supports, as well as crisis or relapse planning, in order to prevent reentry into out-of-home care.

(3) In order for all pertinent parties to adequately prepare for the child to return home, Child and Family Services shall provide reasonable notice (unless otherwise ordered by the court) of the date the child will be returning home. Parties to be notified include the child, parents, members of the Child and Family Team, Guardian ad Litem, out-of-home care provider, school staff, therapist, and other partner agencies.

(4) Child and Family Services shall provide services directed at assisting the child and family make a successful transition of the child back into the home, and shall have supports in place to help observe and monitor that no further abuse or neglect is occurring to the child.

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

(6) A child may be returned home for a trial home visit for up to 90 days. The trial home visit shall continue until the court has returned custody to the parent or guardian.

R512-301-7. Voluntary Relinquishment of Parental Rights

Latest version.

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

(2) If the child is Native American, provisions of the Indian Child Welfare Act (ICWA), 25 USC 1913 shall be met.

R512-301-8. Termination of Parental Rights

Latest version.

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

(2) Child and Family Services shall document in the Child and Family Plan and the court report when a determination is made that there are compelling reasons that filing for termination of parental rights is not in the child's best interest and shall make the plan available to the court for review.

(3) When Child and Family Services files a petition to terminate parental rights, if a permanent family has not already been identified for the child, the caseworker must concurrently begin to identify, recruit, process, and seek approval of a qualified adoptive family for the child. These efforts must be documented in the case record as specified in Rule R512-300.

(4) If the child is Native American, provisions of the ICWA, 25 USC 1913, shall be met.

(5) Child and Family Services shall not give approval to finalize an adoption until the period to appeal a termination of parental rights has expired. If an appeal has been filed, the adoption may not be finalized until the appeal is resolved.