80-2-302. Division rulemaking authority -- Family impact statement.

406 words·~2 min read·/ut/title-80/chapter-2/80-2-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 9/1/2022

(1)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the division shall make rules:

(a)that establish the process for:

(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

(ii)approval of fee schedules for programs within the division;

(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;

(c)that provide a mechanism for:

(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

(ii)consideration of rule changes proposed by the persons described in Subsection (1)(b) ;

(d)regarding:

(i)placement for adoption or foster care that are consistent with, and no more restrictive than, applicable statutory provisions;

(ii)abuse, neglect, and dependency proceedings; and

(iii)domestic violence services provided by the division; and

(e)that establish procedures to accommodate the moral and religious beliefs, and culture, of the minors and families that the division serves, including:

(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;

(ii)a foster and other out-of-home placement family; and

(iii)an adoptive family.

(2)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the division may make rules that establish:

(a)eligibility standards for consumers of division services; or

(b)requirements for a program described in Subsection 80-2-301(4)(a)(iv) .

(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.

(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.

Renumbered and Amended by Chapter 334 , 2022 General Session