DAR File No. 27771

Workforce Services, Employment Development

R986-200-214

Assistance for Specified Relatives

NOTICE OF PROPOSED RULE

DAR File No.: 27771
Filed: 03/15/2005, 06:27
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to change eligibility requirements for specified relatives.

Summary of the rule or change:

Stepparents will now be required to qualify as a household under family employment program rules and will not be eligible as specified relatives. Also the amendment requires that the dependent children in the household be related by blood to the specified relative.

State statutory or constitutional authorization for this rule:

Sections 35A-3-101 et seq. and 35A-3-301 et seq.

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This rule does not apply to local government so therefore there are no costs or savings to local governments. Local governments do not contribute to the costs of this program. This rule change merely requires that individuals who care for dependent children be related by blood to those dependent children. It also requires that stepparents who are caring for dependent children meet the income and asset eligibility requirments of the financial assistance program.

other persons:

There are no costs or savings to any other persons as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. Stepparents caring for dependent children will now have to meet the income and asset eligibility requirements and will no longer qualify as specified relatives. All specified relatives will also be required to be related by blood to the dependent children receiving financial assistance. It will not cost these individuals anything to comply with this rule but a small number of specified relatives may lose financial assistance if they cannot meet the income and asset limits.

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

There are no compliance costs associated with this change. There are no fees associated with this change. It will not cost anyone any sum to comply with these changes. Tani Downing, Executive Director

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:

05/02/2005

This rule may become effective on:

05/03/2005

Authorized by:

Tani Downing, Executive Director

RULE TEXT

R986. Workforce Services, Employment Development.

R986-200. Family Employment Program.

R986-200-214. Assistance for Specified Relatives.

(1) Specified relatives include:

(a) grandparents;

(b) brothers and sisters;[

(c) stepparents;]

([d]c) stepbrothers and stepsisters;

([e]d) aunts and uncles;

([f]e) first cousins;

([g]f) first cousins once removed;

([h]g) nephews and nieces;

([i]h) people of prior generations as designated by the prefix grand, great, great-great, or great- great-great;

([j]i) a natural parent whose parental rights were terminated by court order;

([k]j) brothers and sisters by legal adoption;

([l]k) the spouse of any person listed above;

([m]l) the former spouse of any person listed above; and[

(n) persons who meet any of the above relationships by means of a step relationship even if the marriage has been terminated; and]

([o]m) individuals who can prove they met one of the above mentioned relationships via a blood relationship even though the legal relationship has been terminated.

(2) The Department shall require compliance with Section 30-1-4.5

(3) A specified relative may apply for financial assistance for the child. If the child is otherwise eligible, the FEP rules apply with the following exceptions:

(a) The child must have a blood or a legal relationship to the specified relative even if the legal relationship has been terminated,

([a]b) Both parents must be absent from the home where the child lives; and

([b]c) The child must be currently living with, and not just visiting, the specified relative; and

([c]d) The parents' obligation to financially support their child will be enforced and the specified relative must cooperate with child support enforcement; and

([d]e) If the parent(s) state they are willing to support the child if the child would return to live with the parent(s), the child is ineligible unless there is a court order removing the child from the parent(s)' home.

(4) If the specified relative is currently receiving FEP or FEPTP, the child must be included in that household assistance unit.

(5) The income and resources of the specified relative are not counted unless the specified relative requests inclusion in the household assistance unit.

(6) If the specified relative is not currently receiving FEP or FEPTP, and the specified relative does not want to be included in the financial assistance payment, the specified relative shall be paid, on behalf of the child, the full standard financial assistance payment for one person. The size of the financial assistance payment shall be increased accordingly for each additional eligible child in the household assistance unit excluding the dependent child(ren) of the specified relative. Since the specified relative is not included in the household assistance unit, the income and assets of the specified relative, or the relative's spouse, are not counted.

(7) The specified relative may request to be included in the household assistance unit. If the specified relative is included in the household assistance unit, the household must meet all FEP eligibility requirements including participation requirements and asset limits.

(8) Income eligibility for a specified relative who wants to be included in the household assistance unit is calculated according to R986-200-241.

KEY: family employment program

[April 1, 2004]2005

35A-3-301 et seq.

ADDITIONAL INFORMATION

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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.