DAR File No. 27491

Workforce Services, Employment Development

R986-500-501

Authority for Adoption Assistance (AA) and Other Applicable Rules

NOTICE OF PROPOSED RULE

DAR File No.: 27491
Filed: 10/14/2004, 02:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment removes the requirement that the relinquishment must occur in the state of Utah.

Summary of the rule or change:

Adoption assistance is available to Utah residents who are other wise eligible. The current rule requires that the actual relinquishment occur in the state of Utah. It is believed that the current rule goes beyond the intent of the legislation and is being changed. Under the new amendment, the relinquishment can occur in another state as long as the parent resides in Utah.

State statutory or constitutional authorization for this rule:

Section 35A-3-114

Anticipated cost or savings to:

the state budget:

It is believed that the number of persons served by this change will be few. The current rule has been in effect for seven years and only one parent was potentially adversely impacted by the rule. Any costs which may be associated with this change will be made within current funding levels.

local governments:

This is a state program so there are no costs or savings to local government.

other persons:

There will be no costs or savings to any persons. The rule merely clarifies the maximum amount of time a general assistance recipient can receive short-term skills training.

Compliance costs for affected persons:

There are no compliance costs for affected persons. There are no compliance costs at all associated with the adoption assistance program.

Comments by the department head on the fiscal impact the rule may have on businesses:

This change will have no fiscal impact on business as no business is affected in any way by these changes.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2004

This rule may become effective on:

01/01/2005

Authorized by:

Raylene G. Ireland, Executive Director

RULE TEXT

R986. Workforce Services, Employment Development.

R986-500. Adoption Assistance.

R986-500-501. Authority for Adoption Assistance (AA) and Other Applicable Rules.

(1) The Department administers AA pursuant to the authority granted in Section 35A-3-308.

(2) The provisions of R986-100 apply to AA.

(3) The provisions of R986-200 apply to AA, except as noted in this rule.

R986-500-502. General Provisions.

(1) AA may be provided to a birth parent who was or would have been the caretaker of a child relinquished for adoption[ in the State of Utah].

(2) The relinquishment must have been voluntary. Birth parents who have had their parental rights terminated are not eligible for AA.

(3) The adoption must have met the requirements of Section 78-30-4.14.

(4) AA financial assistance can be provided to a woman who is in her third trimester of pregnancy if she is planning to relinquish custody of the child for the purpose of adoption and if she is otherwise eligible.

(5) A parent must apply for AA no later than the end of the second month after the month of relinquishment. Proof of relinquishment is required.

(6) Relinquishment can be made for any minor child, however a child age 12 or older must agree to the relinquishment.

(7) The Department will coordinate services to assist the client in:

(a) receiving appropriate educational and occupational assessment and planning, including enrolling in appropriate education or training programs, which includes high school completion and adult education programs;

(b) enrolling in programs that provide assistance with job readiness, employment counseling, finding employment, and work skills;

(c) finding suitable housing;

(d) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act, if the client is otherwise eligible; and

(e) receiving counseling and other mental health services.

(8) If a birth parent relinquishes custody of a child, and before the adoption is finalized, takes back custody of the child, the parent is no longer eligible for AA.

(9) The rule regarding minor parents found at R986-200-213 applies if the parent seeking AA is a minor.

(10) If the minor parent seeking AA is living with her parent(s), or the parent(s) of the father of the child being relinquished, the FEP rule for counting the income of the household found in R986-200-242 applies.

KEY: adoption assistance

[October 2, 2000]2005

35A-3-114

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For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.