Utah Code 80-2-302. Division rulemaking authority — Family impact statement
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules:
Terms Used In Utah Code 80-2-302
- Abuse: means :(1)(a)(i)(1)(a)(i)(A) nonaccidental harm of a child;(1)(a)(i)(B) threatened harm of a child;(1)(a)(i)(C) sexual exploitation;(1)(a)(i)(D) sexual abuse; or(1)(a)(i)(E) human trafficking of a child in violation of Section
Utah Code 80-1-102 - Child: means , except as provided in Section
80-2-905 , an individual who is under 18 years old. See Utah Code 80-1-102- Contract: A legal written agreement that becomes binding when signed.
- dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
- Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
- Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 80-2-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Minor: means , except as provided in Sections
80-6-501 ,80-6-901 , and80-7-102 :(54)(a) a child; or(54)(b) an individual:(54)(b)(i)(54)(b)(i)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(i)(B) for whom the Division of Child and Family Services has been specifically ordered by the juvenile court to provide services because the individual was an abused, neglected, or dependent child or because the individual was adjudicated for an offense;(54)(b)(ii)(54)(b)(ii)(A) who is at least 18 years old and younger than 25 years old; and(54)(b)(ii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(b); or(54)(b)(iii)(54)(b)(iii)(A) who is at least 18 years old and younger than 21 years old; and(54)(b)(iii)(B) whose case is under the jurisdiction of the juvenile court in accordance with Subsection78A-6-103 (1)(c). See Utah Code 80-1-102- Neglect: means action or inaction causing:
(58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;(58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;(58)(a)(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;(58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;(58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section78B-24-203 ; or(58)(a)(vi) educational neglect. See Utah Code 80-1-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
(66)(a) the day on which the shelter hearing is held under Section80-3-301 ; or(66)(b) the day on which the child is returned home. See Utah Code 80-1-102- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102
(1)(a) that establish the process for:(1)(a)(i) determination of eligibility for services offered by the division in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child; and(1)(a)(ii) approval of fee schedules for programs within the division;(1)(b) to ensure that private citizens, consumers, foster parents, private contract providers, allied state and local agencies, and others are provided with an opportunity to comment and provide input regarding any new rule or proposed revision of an existing rule;(1)(c) that provide a mechanism for:(1)(c)(i) systematic and regular review of existing rules, including an annual review of all division rules to ensure that the rules comply with applicable statutory provisions; and(1)(c)(ii) consideration of rule changes proposed by the persons described in Subsection (1)(b);(1)(d) regarding:(1)(d)(i) placement for adoption or foster care that are consistent with, and no more restrictive than, applicable statutory provisions;(1)(d)(ii) abuse, neglect, and dependency proceedings; and(1)(d)(iii) domestic violence services provided by the division; and(1)(e) that establish procedures to accommodate the moral and religious beliefs, and culture, of the minors and families that the division serves, including:(1)(e)(i) the immediate family and other relatives of a minor who is in protective custody, temporary custody, or custody of the division, or otherwise under the jurisdiction of the juvenile court;(1)(e)(ii) a foster and other out-of-home placement family; and(1)(e)(iii) an adoptive family.(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules that establish:(2)(a) eligibility standards for consumers of division services; or(2)(b) requirements for a program described in Subsection 80-2-301(4)(a)(iv).(3)(3)(a) If the division establishes a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall include an assessment of the impact of the rule on families, including the impact on the authority of a parent to oversee the care, supervision, upbringing, or education of a child in the parent’s custody.(3)(b) The division shall publish a family impact statement describing the assessment described in Subsection (3)(a) in the Utah State Bulletin within 90 days after the day on which the rule described in Subsection (3)(a) is established. - Child: means , except as provided in Section