DAR File No. 28662

Human Services, Child and Family Services

R512-305

Out of Home Services, Independent Living Services

NOTICE OF PROPOSED RULE

DAR File No.: 28662
Filed: 04/21/2006, 01:48
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to change the wording "Independent Living" to "Transition to Adult Living" and make minor changes to the rule to better reflect the Transition to Adult Living Services program.

Summary of the rule or change:

The Division will change the rule from Independent Living Services to Transition to Adult Living Services to better accommodate youth who are enrolled in the Transition to Adult Living Services.

State statutory or constitutional authorization for this rule:

Section 62A-4a-105

Anticipated cost or savings to:

the state budget:

The Finance Director for the Division reviewed possible anticipated costs or savings to the state budget due to this rule amendment. It was determined that this rule amendment will not increase costs or savings to the Division because this is a change in wording only. Services will be provided within the current budget.

local governments:

After a careful review of possible impact of costs or savings on local government by the Finance Director for the Division, it was determined that there will be no increased costs or savings due to this rule amendment because this is a wording change only.

other persons:

The Finance Director for the Division reviewed possible anticipated costs or savings to other persons due to this rule amendment. It was determined that the families affected by this rule amendment will not see an increase in costs or savings because this is a wording change only.

Compliance costs for affected persons:

After careful review by the Division's Finance Director of possible compliance costs for affected persons, it was determined that there will be no compliance costs for affected persons.

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

There will be no impact on businesses. Lisa-Michele Church, 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:

Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or AFTRUPP@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:

06/14/2006

This rule may become effective on:

06/15/2006

Authorized by:

Richard Anderson, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-305. Out of Home Services, [Independent Living]Transition to Adult Living Services.

R512-305-1. Purpose and Authority.

A. The purpose of [independent living]Transition to Adult Living (TAL) services is to help prepare a youth who is receiving out of home services in accordance with R512-300 to transition to self-sufficiency in adulthood and to provide support to youth upon leaving agency custody. TAL is a continuum of services that begins while youth are in care and continues through post-discharge with the Young Adult Resource Network (YARN).

B. [Independent living]TAL services, which includes the Education and Training Voucher Program, are authorized by the John H. Chafee Foster Care Independence Program, 42 USC 677 (1999), incorporated by reference.

R512-305-2. Scope of Services.

[A. Qualification for and Duration of Services. Independent living services are offered to all youth age 14 or older who are receiving out of home services, regardless of permanency goal as specified in R512-300-4.D, or who formerly received out of home services. Services are:

1. Optional for a youth receiving out of home services who is age 14 or 15, when the Child and Family Team determines that services are appropriate;

2. Required for a youth receiving out of home services who is age 16 or older until agency custody is terminated;

3. Optional for a youth who attained age 18 while in agency custody, but who is no longer in agency custody, and may continue until the last day of the month in which the youth attains age 21, in accordance with R512-305-5.

B. Service Description. Independent living services consist of a variety of personalized strategies and resources that assist a youth to prepare for adult living, such as strength and needs assessment, planning, educational and employment guidance, basic skills training, personal and emotional support, and independent living placement.

C. Availability. Independent living services are available in all geographic regions of the state.]A. Qualification for and duration of services:

1. TAL services are required for all youth receiving out of home services, age 14 or older, until agency custody is terminated regardless of permanency goal, as specified in R512-300-4.D.

2. The YARN provides services for youth if they are no longer in care and are not yet 21, and the youth:

a. Ages out of foster care, or

b. While in foster care, after the age of 14, the youth received at least 12 consecutive months of TAL services and the court terminated reunification.

B. Service description:

1. TAL services build on the youth's individual strengths and develop personal assets in order to help young people acquire the motivation and the means to be successful throughout their lives. The strategies are aimed at helping foster youth achieve five fundamental aspects of adult life, including safe and affordable housing, educational attainment and stable employment, health care access, positive sense of self, and supportive and enduring relationships.

2. YARN consists of time-limited support to youth. This assistance can be provided through support, financial aid, or Basic Life Skills Classes and may include housing, counseling, employment education, and other appropriate support and services to complement a youth's efforts to achieve self-sufficiency.

C. Availability:

1. TAL services and YARN are available in all geographic regions of the state.

2. TAL services and YARN are available on the same basis to Indian youth who are or were formerly in Tribal custody within the boundaries of the state.

R512-305-3. [Independent Living]Transition to Adult Living Services for a Youth in Agency Custody.

[A. The Child and Family Team determines the independent living plan, with a youth age 16 or older taking the lead and setting goals.

B. The caseworker, with the assistance of the youth and Child and Family Team, completes an assessment to identify the strengths and needs of the youth.

C. Based upon the assessment, a plan is developed that identifies the youth's strengths and specific services and needs.

D. The plan includes a continuum of training and services to be completed by the youth in such settings as the foster home, with a therapist, at school, or through other community-based resources and programs.

E. Basic Living Skills training shall be offered to each youth who attains age 16. The training shall include human hygiene and sexuality and a basic knowledge of community resources. Other topics included in basic living skills training may include:

1. Communication, socialization and relationships

2. Job seeking information, assistance and maintenance skills

3. Money management

4. Housing

5. Food preparation and planning

6. Legal rights and responsibilities

7. Health care and counseling

8. Substance abuse

9. Decision making

10. Educational planning

11. Housekeeping

12. Transportation

F. Each youth who completes basic living skills training is entitled to receive a completion payment.]A. The caseworker, with the assistance of the youth and Child and Family Team, ensure completion of the empirically validated life skills assessment to identify the strengths and needs of the youth.

B. Based upon the empirically validated life skills assessment, a plan is developed that identifies the youth's strengths, needs, and specific services.

C. The Child and Family Team determines the TAL plan. Youth aged 14 or older are required to have a TAL plan, with youth 16 or older taking the lead in setting goals and facilitating the Child and Family Team with staff guidance.

D. The TAL plan includes a continuum of training and services to be completed by the youth, and designated team members, in such settings as the foster home, with a therapist, at school, or through other community-based resources and programs.

E. Basic Living Skills training shall be offered to each youth who attains age 16. The training may include training in daily living skills, budgeting, career development and financial management skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention).

F. Each youth who completes Basic Living Skills training may receive a completion payment.

R512-305-4. [Independent]Transition to Adult Living Placement for a Youth in Agency Custody.

A TAL placement may be used as an alternative to out of home care when it is determined that such a placement is in the best interest of the youth. The appropriate types of living arrangements for youth in this situation include living with kin; living with former out of home caregivers while paying rent; living in the community with roommates of the same sex; living alone; living in a group facility, YWCA, boarding house, or dorm; living with an adult who has passed a background check or the placement was assessed and approved by the regional director or designee. This recommendation will be presented to the Child and Family Team, who will work to ensure that this type of placement is appropriate and that the following practice guidelines are met:

A. [An independent living]A TAL placement may be used as an out-of-home care placement.

B. A youth must be at least 16 years of age to be in [an independent living]a TAL placement.

C. The Child and Family Team is responsible to determine if a recommendation for [an independent living]a TAL placement for a youth is appropriate.

D. The regional director or designee is authorized to approve [an independent living]a TAL placement.

E. The worker and youth shall complete a contract outlining responsibilities and expectations while in the placement.

F. The worker shall visit with and monitor progress of the youth at an interval determined by the Child and Family Team, but no less frequently than once per month.

G. The youth may receive [an independent living]a TAL stipend while in the [independent living]TAL placement.

H. If the [independent living]TAL placement is not successful, the Child and Family Team shall meet to determine, with the youth, a more appropriate living arrangement in accordance with R512-305-4.E.

R512-305-5. Division Responsibility to a Youth Leaving Out of Home Services[ at Age 18 or Older].

A. [A youth who attained age 18 while in state custody, but who is no longer in state custody, may request independent living services from the Division until the last day of the month in which the youth attains age 21.]The YARN provides support to youth who leave out of home care, as specified in R512-305-2.

B. A youth may access services by contacting a Division office and being referred to a regional [independent living]TAL coordinator.

C. [If services will stabilize the youth's living situation and no other reasonable alternative exists to meet the needs, independent living services will be provided.

D. ]Services may include additional basic life skills training, information and referral, mentoring, computer access for resources, [including word processing, employment and educational counseling, information and referral,]and follow-up support[, and assistance with costs of room and board, subject to the limits of available Division funding designated for this purpose]. Funds may also assist eligible youth in the four areas listed below:

1. Education, Training, and Career Exploration.

2. Physical, Mental Health and Emotional Support.

3. Transportation.

4. Housing Support.

[E]D. Funds used for room and board are subject to federal limits.[Room and board includes rent, utilities, food, clothing, transportation costs, personal care items and other expenses related to daily living. Room and board does not include medical care, dental care, mental health care, tuition payments, or the purchase of automobiles.

F. The amount that a youth may receive for room and board is $500 per month, with a maximum of $2,000 per year.

G. Independent living services are available on the same basis to Indian youth who were formerly in tribal custody within the boundaries of the State, and whose tribal custody was terminated at age 18 or older, as they are for youth who received out of home services from the Division until age 18 or older.]

KEY: social services, child welfare, foster care, Transition to Adult Living

Date of Enactment or Last Substantive Amendment: [September 3, 2003]2006

Authorizing, Implemented, or Interpreted Law: 62A-4a-105

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Carol Miller or Adam F Trupp at the above address, by phone at 801-538-4451 or 801-538-4462, by FAX at 801-538-3993 or 801-538-4016, or by Internet E-mail at CAROLMILLER@utah.gov or AFTRUPP@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.