Utah Admin. Code R512-32-4 - Identification and Testing of Children with Communicable Disease
(1) Testing at agency's request:
(a) when Child and Family Services has
custody and guardianship of a child who may have a communicable disease, the
state has the authority to obtain a medical evaluation to determine the child's
communicable disease status;
(b) if
a foster parent or provider has a reasonable belief that a foster child or the
foster child's parent may have a communicable disease, the foster parent or
provider shall promptly discuss it with the caseworker;
(c) if the caseworker has a reasonable belief
that the child may have a communicable disease, the caseworker is required to
contact DOH promptly for consultation;
(d) if Child and Family Services has custody
and guardianship of a child, Child and Family Services has the authority to
provide written, informed consent for communicable disease testing;
(e) if a child under the custody and
guardianship of Child and Family Services refuses to be tested, the caseworker
is required to contact DOH, the local health department, and the Attorney
General's office immediately upon hearing of the refusal;
(f) when a parent of a child in the custody
of Child and Family Services is known or reports to be involved in high risk
behaviors, the caseworker shall contact DOH for consultation; and
(g) contacts with DOH shall be documented in
the child's case record and filed under the "Medical/Assessment" section of
that record.
(2) Testing
at minor's request:
(a) a minor may seek HIV
testing without parental or DHS consent;
(b) when the minor requests the test, the
right to disclose test results belongs to the minor in accordance with Section
26-6-18;
(i) if the minor chooses to disclose the test
results to DHS, DHS cannot disclose the test results to any other person,
including the Guardian ad Litem;
(ii) upon disclosure to DHS of a positive
test result, the caseworker shall contact DOH for consultation and follow up;
and
(c) when a record of
HIV testing is subpoenaed, the caseworker shall immediately contact the
Attorney General's office or the Child and Family Services program
administrator or deputy director.
Notes
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