Current through Bulletin No. 2024-21, November 1, 2024
Section R512-201-4 - Scope of Services(1) A CPS investigation shall include an SDM Safety and Risk Assessment. The Child and Family Services CPS caseworker shall assess the immediate safety needs of a child and the family's capacity to protect the child, as well as any ongoing risk to a child. The Child and Family Services CPS caseworker shall include a domestic violence assessment in cases with allegations or indicators of domestic violence related child abuse. (2) In addition to the requirements of Sections 62A-4a-202.3 and 62A-4a-409, a CPS investigation may include the following: (i) assessment of immediate risk, safety, and protection needs of a child;(ii) assessment of risk, protection, and safety needs for any siblings or other children residing in the home or cared for by the same caregiver that are reasonably likely to have also been subjected to similar abuse or neglect based on the specific shared circumstances, or are reasonably likely to be subjected to abuse or neglect;(iii) assessment of the family's strengths, needs, challenges, and limitations, and the ability and willingness to protect the child;(iv) determination of eligibility for enrollment or membership in a Native American tribe; and(v) medical or mental health evaluations completed as required by statute within required time frames to evaluate physical injury, severe physical abuse, medical neglect, exposure to a hazardous, illegal chemical environment, recent sexual abuse, or evaluate to negate or lessen the possibility of physical injury, severe physical abuse, medical neglect, exposure to a hazardous, illegal chemical environment, or recent sexual abuse.(3) CPS are available in each geographic region of the state. (4) If the child and family move outside of Utah before the Child and Family Services CPS caseworker can make the face-to-face contact with the child and the new location of the child and family is known, the Child and Family Services CPS caseworker shall contact the state child welfare agency where the family has moved and request courtesy casework. If the state child welfare agency where the family has moved refuses to complete courtesy casework, the case shall be closed as "unable to locate." If the receiving state child welfare agency agrees to complete the courtesy casework, the Child and Family Services CPS caseworker shall make the appropriate finding based on information from the receiving state. (5) If the child and family move outside of Utah after the Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are known, the Child and Family Services CPS caseworker who began the investigation shall contact the state child welfare agency where the family has moved and make a request for courtesy casework referral, providing the information that was obtained in the investigation. The case shall be closed as "unable to complete investigation" unless the information obtained meets the standard of "reasonable cause to believe" that the abuse, neglect, or dependency occurred. If a finding of 'supported" is made against one or both of the parents or caregivers, upon case closure a notice of agency action shall be sent to the address of the family in their current state of residence. If the facts of the investigation establish reason to suspect the child is in imminent danger, the Child and Family Services CPS caseworker shall make appropriate referrals to CPS and law enforcement in the other state and screen the case with the Assistant Attorney General for legal action.
(6) If the child and family move out of Utah after the Child and Family Services CPS caseworker has made the face-to-face contact with the alleged victim and the whereabouts of the child and family are unknown, the Child and Family Services CPS caseworker shall make reasonable efforts to locate the family to make a referral to request courtesy casework from the state child welfare agency where the family now resides. Reasonable efforts include contacting the post office for a forwarding address and checking with the school to obtain the address where records are being transferred when there is a school-age child in the home. If there is an imminent danger situation, the CPS caseworker shall conduct an internet-based search to locate the family.(7) Regional and inter-regional Child and Family Services offices will cooperate to ensure that a CPS investigation is not interrupted and children are not placed in danger when the child who is the subject of the investigation has moved within Utah. (8) A Child and Family Services CPS caseworker may request courtesy assistance for completion of specific investigative activities on an open CPS case when the child or other related individual is not accessible to the assigned Child and Family Services CPS caseworker. (9) A Child and Family Services CPS caseworker shall assist in the protection and supervision of a child under the jurisdiction of another state. (10) A Child and Family Services CPS caseworker shall not close an investigation as unable to locate solely on the grounds that the child could not be located until reasonable efforts have been made by the caseworker to locate the child and family members. (11) At the conclusion of a CPS investigation, a finding shall be made for each allegation identified at the time of Intake or identified during the investigation. Each alleged victim in the case shall be linked to a specific allegation or allegations and to an alleged perpetrator or alleged perpetrators. Acceptable findings include: (a) supported shall be used when there is a reasonable basis to conclude that abuse, neglect, or dependency occurred, even if the alleged perpetrator is unknown;(b) unsupported or not accepted shall be used when there is insufficient evidence to conclude that abuse, neglect, or dependency occurred;(c) without merit shall be used when there is evidence that abuse, neglect, or dependency did not occur;(d) unable to locate shall be used when the Child and Family Services CPS caseworker was unable to complete face-to-face contact with the alleged victim and reasonable efforts were made to locate the child and family members; and(e) unable to complete investigation shall be used when the caseworker cannot complete the investigation because the subject of the investigation has moved out of the state or similar reason.Utah Admin. Code R512-201-4
Amended by Utah State Bulletin Number 2015-22, effective 10/22/2015Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022