DAR File No. 31776

Workforce Services, Employment Development

R986-500-505

Time Limits for AA

NOTICE OF PROPOSED RULE

DAR File No.: 31776
Filed: 07/30/2008, 02:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to correct an error in the rule.

Summary of the rule or change:

Section 35A-3-308 provides that months of Adoption Assistance (AA) received after relinquishment do not count toward the 36-month time limit if the client is not otherwise eligible for the Family Employment Program (FEP) or the Family Employment Program - Two Parent (FEPTP) (there are no children in the home.) The Department has never counted those months. The current rule does not reflect the statute and this proposed amendment corrects that.

State statutory or constitutional authorization for this rule:

Section 35A-1-104 and Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This will have no impact on the state budget as the Department has always followed the statute and not the rule. There will be no change as a result of this rule change.

local governments:

This is a state program and will not represent any costs or savings to local governments.

small businesses and persons other than businesses:

This change will not represent any costs or savings to small businesses or other persons as it is a state-funded program.

Compliance costs for affected persons:

There will be compliance costs for any affected persons. There are no compliance costs associated with this program.

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. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. Kristen Cox, Executive Director

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

Workforce Services
Employment Development
140 E 300 S
SALT LAKE CITY UT 84111-2333

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:

09/15/2008

This rule may become effective on:

09/22/2008

Authorized by:

Kristen Cox, Executive Director

R986. Workforce Services, Employment Development.

R986-500. Adoption Assistance.

R986-500-505. Time Limits for AA.

(1) Financial AA can be provided up to a maximum of 12 consecutive months from the date of relinquishment.

(2) Payment of financial assistance for part of a month counts as a whole month when calculating the 12 month time limit.

(3) No extensions or exceptions to the time limit will be allowed.

(4) A birth parent who is determined eligible for adoption assistance and becomes ineligible during the 12 month payment period may reestablish eligibility up to the twelfth month if the parent reapplies during the 12 month period.

(5) Months during which no payment of financial assistance was made due to ineligibility or disqualification count toward the 12 month time limit.

(6) There is no limit to the number of times a parent can apply for or be found eligible for AA, however months during which a client receives AA prior to relinquishment count toward the 36 month time limit for FEP and FEPTP found in R986-200-217. [This is true even if there were no other dependent children living in the household.]Months when a client receives AA after relinquishment count toward the 36 month time limit if the client is otherwise eligible to receive FEP or FEPTP because there are eligible children in the home.

 

KEY: adoption assistance

Date of Enactment or Last Substantive Amendment: [July 31, 2007]2008

Notice of Continuation: September 14, 2005

Authorizing, and Implemented or Interpreted Law: 35A-3-114