- (1) "Agency" means any owner, director, manager, and staff of a child-placing foster care agency licensed by OL to certify foster parents.
- (2) "Child" means an individual under 18 years old.
- (3) "Child care" is defined in Section 26B-2-401.
(4)(a) "Certified" means a family approved by a child-placing foster care agency who meets each requirement in this rule and is issued a certification that is equivalent to a foster care license issued by OL.
- (b) A certified family under this rule does not mean a home certified by OL for providing unlicensed services to a Division of Services for People with Disabilities client.
- (5) "Custodial agency" means the agency or entity that maintains legal custody of the foster child.
- (6) "DCFS" means the Division of Child and Family Services under the department.
- (7) "Department" means the Utah Department of Health and Human Services.
- (8) "Direct access" is defined in Section 26B-2-101.
- (9) "Eligible" means an OBP background check determination of direct access qualified in accordance with Section 26B-2-120.
- (10) "Foster care" means the temporary provision of family-based care for a foster child by a foster parent.
- (11) "Foster child" means a person under 21 years of age who remains subject to the continuing jurisdiction of the juvenile court or whose placement in the home was facilitated by a custodial agency or division of the department.
- (12) "Foster parent" means a substitute parent licensed by OL and includes the spouse of the primary applicant.
(13) "General, common use, household items" means:
- (a) air fresheners and deodorizers;
- (b) cleaning wipes;
- (c) cutlery;
- (d) facial and skin hygiene products;
- (e) hair and cosmetic products;
- (f) laundry and dish detergent, excluding concentrated pods;
- (g) laundry stain remover;
(h) nail polish remover;
- (i) oral hygiene products;
- (j) propane attached to a grill;
(k) rubbing alcohol; and
- (l) spray furniture polish.
(14) "Hazardous material" means any substance that if ingested, inhaled, ignited, used, or touched may cause significant injury, illness, or death. These substances include:
- (a) ammonia, including ammonia-based cleansers;
- (b) automotive fluids;
- (c) bleach, including bleach-based cleansers;
- (d) chemical drain openers;
- (e) cleaning aerosols;
- (f) compressed air;
- (g) concentrated detergent capsules;
(h) gasoline;
- (i) hair relaxers or permanents;
- (j) kerosene;
(k) lighter fluid;
- (l) lighters;
- (m) matches;
- (n) medications;
- (o) oven cleaners;
- (p) paint thinner;
- (q) pesticides;
- (r) spray paint; and
- (s) toxic glues.
(15) "Home study" means a written assessment of an applicant's ability to:
- (a) actively engage in achieving the custodial agency's identified outcomes for a foster child;
- (b) comply with applicable statutes and rules related to providing foster care; and
- (c) meet the physical and emotional needs of a foster child.
- (16) "Human services program" is defined in Section 26B-2-101.
- (17) "Immediate family member" is defined in Subsection 80-3-102(5).
- (18) "Incidental care" is defined in Section 26B-2-120.
(19) "Material change" is defined in Subsection 26B-2-107(1) and includes the following changes that may affect a foster child's well-being:
- (a) a critical incident as defined in Rule R380-600;
- (b) a youth turning 18 years old, who resides in the home, except a foster child; and
- (c) an upcoming adoption.
- (20) "Medication" means any over-the-counter or prescription drug, vitamin, or supplement in any form.
- (21) "OBP" means the Office of Background Processing within the Division of Licensing and Background Checks under the department.
- (22) "OL" means the Office of Licensing within the Division of Licensing and Background Checks under the department.
- (23) "OL or the agency" means OL when the foster parent is licensed by OL or the agency when the foster parent is certified by a child-placing foster agency.
- (24) "Poverty guidelines" means the US Department of Health and Human Services listing of poverty levels as determined by the number of members of a family.
- (25) "Preserving connection" means an individual with a relationship to a foster child that is identified with the purpose of maintaining or strengthening that relationship and connection, as approved in writing in the department client record.
- (26) "Provider" means an OL-licensed foster parent or the agency responsible for certifying its own foster parents.
- (27) "Relative" is as defined in Subsection 80-3-102(6).
- (28) "Reside" means visiting or living in the foster home for any cumulative 14 days of the past 12 months.
(29)(a) "Respite care" means the short-term provision of family based care for a foster child by a foster parent to provide relief to another parent.
- (b) Respite care does not include preserving connection, if the identified individual is specifically named, along with any contact allowances or parameters in the department client record.
- (30) "Reasonable temperature" means between 65 and 82 degrees Fahrenheit.
- (31) "Short-term relief care provider" is defined in Section 26B-2-101.
- (32) "Siblings" means children with a common parent or grandparent, regardless of whether their legal relationship has been severed, including biological siblings, half-siblings, step-siblings, adopted siblings, and cousins.
- (33) "Sick" means to have a fever, to be experiencing ongoing or severe diarrhea, unexplained lethargy, respiratory distress, ongoing or severe vomiting, or pain or other symptoms that are ongoing or severe enough to impair a child's ability to participate in normal activity.
Terms used in this rule are defined in Rules R380-600 and R501-1. Additionally:
KEY: licensing, human services, foster care, certified foster care
Date of Last Change: July 18, 2025
Notice of Continuation: October 3, 2022
Authorizing, and Implemented or Interpreted Law: 26B-2-104