DAR File No. 30716

Human Services, Child and Family Services

R512-20

Protective Payee for Recipients of Cash Assistance from the Department of Workforce Services

NOTICE OF PROPOSED RULE

DAR File No.: 30716
Filed: 11/13/2007, 08:58
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The division no longer serves as representative payee for the Department of Workforce Services.

Summary of the rule or change:

This rule will be repealed in its entirety and will no longer be effective.

State statutory or constitutional authorization for this rule:

Sections 62A-4a-102 and 62A-4a-105, and 45 CFR 234.60 (1994)

Anticipated cost or savings to:

the state budget:

There will be no costs or savings to the state budget because services will be provided within the current budget.

local governments:

There will be no cost or savings to local government because this rule does not apply to local government.

small businesses and persons other than businesses:

There will be no cost or savings to small businesses and persons other than businesses because it was determined that the families affected by this rule change will not see an increase in costs or savings.

Compliance costs for affected persons:

The families affected by this rule change will not see an increase in costs or savings.

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:

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Carol Miller at the above address, by phone at 801-538-4451, by FAX at 801-538-3993, or by Internet E-mail at CAROLMILLER@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:

12/31/2007

This rule may become effective on:

01/08/2008

Authorized by:

Duane Betournay, Director

R512. Human Services, Child and Family Services.

[R512-20. Protective Payee for Recipients of Cash Assistance from the Department of Workforce Services.

R512-20-1. Reason to Set Up a Payee.

The Division of Child and Family Services (DCFS) Regional Director, as authorized by 45 CFR 234.60 (1994), shall designate protective payees and request the eligibility worker to make protective payments directly to other individuals when consumers have demonstrated an inability to manage funds; have not used financial assistance in their best interest; or are physically or mentally incapable of expending their grant money in accordance with acceptable standards as evidenced through an evaluation by the DCFS worker.

 

R512-20-2. Assessment of Payee Request.

DCFS staff will be responsible to assess the request and the need for protective payments. The Supervisor shall review the facts and the conclusions in the decision to use a protective payee, and initial and date.

 

R512-20-3. List of Payees.

DCFS staff will develop a list of protective payees who are willing to participate in a protective payee plan with DCFS and the consumer. DCFS staff may act as payee if this is the best plan to protect the consumer.

 

R512-20-4. Criteria for Using Protective Payments for Recipients of Cash Assistance from the Department of Workforce Services.

The DCFS record shall contain all facts upon which the need for protective payments is decided. The following should be used as a guideline to situations which may require protective payment.

1. Observation, by the DCFS worker, of family problems in money management.

2. Observation by any social worker from a community agency.

3. Complaints by neighbors and relatives about the consumer's inability to manage money.

4. Failure of the client to assume any responsibility for legitimate debts and contractual obligations.

5. Use of assistance funds for sole benefit of adult payee without regard for the needs of the children.

6. Diagnosed alcoholism.

7. Improperly clothed children and inadequate family diet in comparison to comparable consumer families.

8. Complaints by:

a. Law enforcement officials.

b. Public Health officials.

c. Schools and teachers.

d. Church and civic groups.

e. Members of the household, including the children.

f. Relatives not in the household.

g. Other social service agencies.

h. Neighbors.

i. Other Department of Human Services staff.

9. A medical determination of mental or physical inadequacies by a psychiatrist or physician.

10. A psychological evaluation by a licensed psychologist.

11. Other reports of gross conditions of physical or mental disability, including observation of extension paralysis, mental retardation, or continued disorientation.

 

R512-20-5. Payee Plan.

A DCFS worker should develop the best plan of protective payments for the family or individuals. The recipient must be involved in developing the plan and in choosing the payee.

 

R512-20-6. Selection of Protective Payee for Cash Assistance Recipients Unable to Manage Funds.

A. The protective payee must be a person who:

1. is interested in or concerned with the consumer's welfare;

2. is selected with the participation and consent of the consumer whenever possible;

3. is able to act for the consumer in receiving and managing the assistance grant; and

4. will perform as a protective payee without pay.

B. A protective payee cannot be selected if he is the consumer's landlord, grocer, or other vendor of goods and services that would be purchased by the consumer in normal living.

C. An employee of the Department may act as payee if no other appropriate person is available.

D. The payee may not be the executive head of the agency administering public assistance; the person determining financial eligibility; special investigative or resource staff or staff handling fiscal processes.

 

R512-20-7. Setting Up Protective Payment.

A. The DCFS worker chooses payee and gains payee's agreement to act in this capacity. The decision of who should be payee must be made with input from the consumer if possible.

B. If there is no other suitable person available, the DCFS worker sets DCFS up as payee. This should be done with consumer's agreement if possible.

C. The DCFS worker, payee, and consumer discuss family's needs and make a budget.

D. The DCFS worker, payee, and consumer make a plan detailing the steps to be undertaken and accomplished by the consumer in order to terminate the protective payment.

E. A written explanation shall be placed in the DCFS record, explaining the reasons for the appointment of a protective payee, the steps taken in the selection of the appointed protective payee, the needs and budget of the family, and the plan to be followed to terminate protective payment.

F. The DCFS worker notifies the Department of Workforce Services (DWS) eligibility worker of the protective payment plan, and requests a protective payment status.

G. The DWS eligibility worker, after receiving the above information, will order the check in the name of the protective payee.

H. A Form 522, with a full explanation of the action being taken, must be sent to the consumer.

 

R512-20-8. Protective Payments Accounting Procedures for Non-DCFS Staff Payees.

A. Form 481-A-S, Protective Payee's Monthly Report, shall be forwarded monthly from the protective payee to the DCFS staff member. In the review, the DCFS worker shall ascertain if the protective payee is controlling the consumer's grant money wisely and in accordance with the service plan.

B. In some instances, a protective payee may be used for disbursing only part of the grant money and the balance is expended by the consumer. The disbursement must be made by check. When this situation occurs, the protective payee will account for only his expenditures on behalf of the consumer. The financial procedures do not permit the issuance of the grant in several checks and the DCFS worker must make the decision whether a protective payee needs to be appointed.

C. The worker is responsible for evaluating the progress toward the goals stated in the plan concerning money management, including monitoring, and auditing the expenditures made by the protective payee on behalf of the consumer.

D. All clients who are placed on a protective status plan will have the food stamps, medical ID card, re-evaluation form, and other DCFS documents sent to the address of the protective payee. It will be the responsibility of the protective payee, along with the worker, to see that these ID cards and authorization forms are given to the consumer.

E. If the entire amount of the grant is not spent, a savings account, like those for people with trust funds, must be set up. This money is to be accounted for as trust account savings and is to be used for family's special needs. These funds must be reported on eligibility reviews.

 

R512-20-9. Protective Payments Accounting Procedures for DCFS Staff Payees.

Protective payments for recipients of cash assistance from the Department of Workforce Services will be handled as they are for other protective payee cases.

 

R512-20-10. Review of Protective Payments.

A. The client will receive a monthly accounting of the expenditure of funds which can be in any form the region chooses.

B. If the family has money in a savings account, this must be accounted for.

C. At least every three months the DCFS worker and consumer review progress in the service plan and determine if the protective payment can be altered or terminated.

D. The decision to terminate protective payment must relate to the specific identified problems which led to the protective payment being set up and to the specific behavioral goals stated in the service plan.

E. It may be useful to gradually move from full protective payment to none, by gradually shifting fiscal responsibility to the consumer on a planned basis.

 

R512-20-11. Termination of Protective Payment.

A. When consumers can manage the grant, the DCFS worker must notify the DWS eligibility worker to end the protective payment.

B. A final accounting plus the total amount of money remaining must be given to the consumer.

C. The final case recording must clearly state the outcome of the protective payment service.

D. If the need for protective payment continues, or is likely to continue for more than two years, because the parent continues to be unable to use the grant for needs of the children despite social services, the DCFS worker must request that the court appoint a guardian.

E. When a legal guardian has been appointed by a court of law, protective payments shall be made to that guardian and the services of any other person serving as protective payee shall be terminated.

F. When the DCFS worker and consumer are in disagreement about the continuance of protective payments, the supervisor should review the case to determine whether they should continue.

 

KEY: income distribution, child abuse, child welfare

Date of Enactment or Last Substantive Amendment: 1987

Notice of Continuation: December 13, 2002

Authorizing, and Implemented or Interpreted Law: 62A-4a-105; 45 CFR 234.60(1994)]