Section R512-302-4 - Selection of a Caregiver for a Child Receiving Out-of-Home Services(1) Child and Family Services shall make diligent efforts to place children with a kinship caregiver following preference for placement Section 80-3-302. For emergency placement provisions, Child and Family Services will follow the requirements of Section 62A-4a-209.(2) A caregiver shall have the experience, personal characteristics, temperament, and training necessary to work with a child and the child's family to be approved and selected to provide out-of-home services.(3) A caregiver shall be selected according to:(a) the caregiver's skills and abilities to meet a child's individual needs and, when appropriate, an ability to support both parents in reunification efforts;(b) the caregiver's willingness to consider serving as a permanent home for the child if reunification is not achieved; and(c) when dictated by a child's level of care needs, the caregiver's ability to have one parent to be available in the home at all times.(4) A caregiver shall be selected according to the caregiver's compatibility with the child, as determined by Child and Family Services exercising its professional judgment. The best interest of the child shall be Child and Family Services' primary consideration when making a placement decision:(a) Child and Family Services may consider the caregiver's possession or use of a firearm or other weapon, espoused religious beliefs, or choice to school the child outside the public education system in accordance with Section 63G-4-104; and(b) Child and Family Services may consider the child's sex, age, behavior, and the composition of the foster family.(5) A child in state custody shall be placed with a caregiver who is fully licensed as provided in Rule R501-12. A child may be placed in a home with a probationary license only if the caregiver is a child-specific placement.(6) A caregiver shall be given necessary information to make an informed decision about accepting responsibility to care for a child. The worker shall obtain information about the child's permanency plan, family visitation plans, and needs such as medical, educational, mental health, social, behavioral, and emotional needs, for consideration by the caregiver.(7) If the court has not given custody to a non-custodial parent or kin provider, to provide safety and maintain family ties, the child shall be placed in the least restrictive placement that meets the child's special needs and is in the child's best interests, according to the following priorities: (a) a friend designated by the custodial parent, guardian, or the child, if the child is of sufficient maturity to articulate the child's wishes in relation to a placement;(b) a former foster placement designated by Child and Family Services;(c) a foster placement, that is not a former foster placement, designated by Child and Family Services; and(d) a shelter facility designated by Child and Family Services.(8) If a child is reentering custody of the state, the child's former caregiver shall be given preference as provided in Section 62A-4a-206.1.(9) A child's placement shall not be denied or delayed on the basis of race, color, or national origin of the caregiver or the child involved.(10) Selection of a caregiver for an Indian child shall be made in compliance with the Indian Child Welfare Act of 1978, 25 USC Section 1915.Utah Admin. Code R512-302-4
Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022