File No. 34163
This rule was published in the November 15, 2010, issue (Vol. 2010, No. 22) of the Utah State Bulletin.
Human Services, Child and Family Services
Out of Home Services, Guardianship Services and Placements
Notice of Proposed Rule
DAR File No.: 34163
Filed: 10/20/2010 10:32:24 AM
Purpose of the rule or reason for the change:
This rule is being changed to add rulemaking authority, update citation information, and make minor formatting and grammatical changes.
Summary of the rule or change:
The proposed changes to this rule add the rulemaking authority for Child and Family Services, update the referenced citations, and make minor formatting and grammatical changes for consistency.
State statutory or constitutional authorization for this rule:
- Section 62A-4a-102
- Section 78A-6-105
- Section 62A-4a-105
Anticipated cost or savings to:
the state budget:
There will be no increase in cost or savings to the state budget because these proposed changes update citation information and add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.
There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government, but only applies to Child and Family Services.
There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses, but only applies to Child and Family Services.
persons other than small businesses, businesses, or local governmental entities:
There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities, but only applies to Child and Family Services.
Compliance costs for affected persons:
There are no compliance costs for affected persons associated with implementing the changes to this rule because the rule only applies to Child and Family Services.
Comments by the department head on the fiscal impact the rule may have on businesses:
There will be no costs or savings on businesses.
Palmer DePaulis, 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
195 N 1950 W
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org
- Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-308. OutofHome Services, Guardianship Services and Placements.
R512-308-1. Purpose and Authority.
Guardianship services and placements provide a
permanent, safe living arrangement for a child in the court-ordered
[ the Division] or Department
when it is not appropriate for the child
to return home or be adopted, and continuing agency custody is not
in the child's best interest.
B.] Guardianship services are authorized by Section[ s] 62A-4a-105[ (6) and 78A-6-105].
A.] "Child and Family Team"
[ means a group that meets together as often as needed and
works to support the family and assist them in meeting their needs.
This may include the referent or other concerned individuals
identified by the family as support persons.]
B.] "Guardianship" has the same meaning as defined
in Section 78A-6-105.[ C. "Division" means the Division of Child and
R512-308-3. General Guardianship Qualifying Factors.
A.] General qualifying factors apply for both relative and
non-relative guardianship, and all factors must be met.
1.] The child cannot safely return home. This requirement is
met if the court determines that reunification with the child's
parents is not possible or appropriate and the Child and Family
Team and regional screening committee agree that adoption is not an
appropriate plan for the child.
2.] The parent and child have a significant bond but the
parent is unable to provide ongoing care for the child, such as an
emotional, mental, or physical disability, and the child's
current caregiver has committed to raising the child to the age of
majority and to facilitate visitation with the parent.
3.] The prospective guardian must:
a.] Be able to maintain a stable relationship with the
b.] Have a strong commitment to providing a safe and stable
home for the child on a long-term basis;
c.] Have a means of financial support and connections to
community resources; and
d.] Be able to care for the child without
[ Division] supervision.
4.] The child has no ongoing care or financial needs beyond
basic maintenance and does not require the services of a case
5.] There are compelling reasons why the child cannot be
adopted, such as when the child's tribe has exclusive
jurisdiction or the tribe has chosen to intervene in the adoption
proceedings. Under the Indian Child Welfare Act (ICWA)[
Law No. 95-608, 92 Stat. 3069 codified at 25 U.S.C.
1901-63], a tribe has the right to determine the
child's permanency. For this reason, the tribe has the
authority to approve guardianship with the current caregiver.
R512-308-4. Non-Relative Qualifying Factors.
A.] In addition to general qualifying factors in R512-308-3,
all of the following factors apply to non-relative guardianship and
must be met.
1.] The child is in the [ Division's] legal custody
and has been in custody for at
least 12 consecutive months. If this is a sibling group, at least
one child must have been in custody for 12 consecutive months.
2.] The prospective guardian is a licensed [ foster parent].
3.] The child has lived for at least six months in the home
of the prospective guardian. The region[ al] director or designee may waive the six-month
placement requirement for sibling groups if at least one sibling
has been in the home for six months and meets all other eligibility
4.] A Child and Family Team has formally assessed the
placement and found that continuation with the caregiver is in the
child's best interest and supports the safety, permanency, and
well-being of the child.
[ The Division] has no concerns with the care the
child has received in the home.
6.] The child has a stable and positive relationship with
the prospective guardian.
7.] The child has reached the age of 12 years. The region[ al] director or designee may waive the age
requirement for members of a sibling group placed with a
non-relative if at least one sibling is 12 years of age or older
and meets all other guardianship criteria and adoption is not the
best permanency option for the younger children.
R512-308-5. Relative Qualifying Factors.
A.] In addition to general qualifying factors found in
R512-308-3, all of the following factors apply for relative
guardianship and must be met.
1.] The child's prospective guardian is a relative
who meets the relationship requirements of the
Department of Workforce Services Specified Relative Program, which
a.] Grandfather or grandmother;
b.] Brother or sister;
c.] Uncle or aunt;
d.] First cousin;
e.] First cousin once removed (a first cousin's
f.] Nephew or niece;
g.] Persons of preceding generations as designated by
prefixes of grand, great, great great, or great great great;
h.] Spouses of any relative mentioned above even if the
marriage has been terminated;
i.] Persons that meet any of the above-mentioned
relationships by means of a step relationship; or
j.] Relatives that meet one of these relationships by legal
2.] If not licensed as a
[ foster parent], the relative has completed
kinship screening, including a home study and background checks, in
accordance with [ k]inship [ p]ractice [ g]uidelines.
3.] The child's needs may be met without continued
[ Division] funding. In order to be considered for a
guardianship subsidy, the prospective relative guardian must be a
licensed [ foster parent] and demonstrate that they cannot
qualify for a Specified Relative Grant through the Department of
Workforce Services as outlined in R512-308-6.
R512-308-6. Guardianship Subsidy Availability, Scope, Duration.
A.] Guardianship subsidies are available to meet the care
and maintenance needs for children in [ foster] care:
1.] For whom guardianship has been determined as the most
appropriate primary goal.
2.] Who do not otherwise have adequate resources available
for their care and maintenance.
3.] Who meet the qualifying factors described in R512-308-4
Non-Relative Qualifying Factors and who cannot qualify to receive a
Specified Relative Grant from the Department of Workforce
a.] The caseworker must be provided with a copy of a denial
letter from the Department of Workforce Services or written proof
that the relationship requirements do not apply, such as through
relevant birth certificates.
b.] Approval from the regional guardianship screening
committee and regional administration is required in making this
B.] If a prospective guardian is found to be receiving both
a Specified Relative Grant and guardianship subsidy for the same
child, the caseworker will notify the Department of Workforce
Services and appropriate actions may be taken for repayment.
C.] Guardianship subsidies are available through the month
in which the child reaches age 18
D.] Each region may establish a limit to the number of
eligible children who may receive guardianship subsidies.
E.] Guardianship subsidies are subject to the availability
of state funds designated for this purpose.
R512-308-7. Regional Guardianship Subsidy Screening Committee.
A.] Each region shall establish at least one regional
guardianship subsidy screening committee. This committee may be
combined with another appropriate committee, such as the adoption
subsidy committee or placement committee.
B.] The regional guardianship subsidy screening committee
shall be comprised of at least five members. A minimum of three
members must be present for making decisions regarding a
guardianship subsidy. Decisions shall be made by consensus.
C.] The regional guardianship subsidy screening committee is
1.] Verify that a child qualifies for a guardianship
2.] Approve the level of need and amount of monthly subsidy
for initial requests, changes, and renewals.
3.] Document the committee's decisions.
4.] Coordinate supportive services to prevent disruptions
and preserve permanency.
R512-308-8. Determining Guardianship Subsidy Amounts.
A.] The regional guardianship subsidy screening committee
will determine the subsidy amount by considering the special needs
of the child and the circumstances of the guardian family. The
caseworker presents to the committee information regarding the
special needs of the child, the guardian family
income and expenses, and/or the guardian family's
B.] All of the following factors must be considered when
determining the amount of the monthly subsidy to be granted:
1.] All sources of financial support for the child including
Supplemental Security Income, Social Security benefits, and other
benefits. The regional guardianship subsidy committee may require
verification of financial support.
a.] If a child is receiving benefit income and the income
can continue after guardianship is granted, this amount will be
deducted from the guardianship subsidy amount.
b.] The guardianship subsidy should not replace other
available income, such as Supplemental Security Income.
C.] A guardianship subsidy will not exceed the levels
indicated in Level I and Level II below, and may be less based upon
the ongoing needs of the child and the needs of the guardian
1.] Guardianship Level I (Basic): Guardianship Level I is
for a child who may have mild to moderate medical needs,
psychological, emotional, or behavioral problems, and who requires
parental supervision and care. The amount of guardianship subsidy
for a child whose needs are within Level I may be any amount up to
the lowest basic [ foster] care rate.
2.] Guardianship Level II (Specialized): Guardianship Level
II is for a child who may be physically disabled, developmentally
delayed, medically needy or medically fragile, or have a serious
emotional disorder. The amount of the guardianship subsidy may
range from the lowest basic [ foster] care rate to the lowest specialized [ foster] care rate.
D.] Children who are receiving the structured [ foster] care rate in [ foster] care or who are in a group or residential
setting are considered for the Guardianship Level II rate.
E.] Guardianship subsidies may not exceed the Guardianship
Level II rate.
F.] Guardianship subsidies are funded with state general
funds within regional [ foster] care budgets. A region has the discretion to
limit the number of guardianship subsidies or reduce guardianship
subsidy rates based on the availability of funds.
G.] Changing the amount of the guardianship subsidy.
1.] The amount of a guardianship subsidy does not
automatically increase when there is a
[ foster] care rate change or as the child ages.
2.] A guardian may request a guardianship subsidy review
when seeking an increase in the guardianship subsidy amount, not to
exceed the maximum amount allowable for the child's level of
need. The guardian must complete the Request for Subsidy Increase
Form to provide documentation to justify the request.
3.] The request must be reviewed and approved by the
regional guardianship subsidy screening committee. If approved, a
new Guardian Subsidy Agreement will be completed.
[ The Division] must provide written notice of
agency action by certified mail at least 30 days in advance if a
guardianship subsidy rate is going to be reduced.
R512-308-9. Guardianship Subsidy Agreement.
A.] A Guardianship Subsidy Agreement specifies the terms for
financial support for the child's basic needs.
B.] A guardianship subsidy worker will complete the
Guardianship Subsidy Agreement.
C.] The effective date of the initial agreement is the date
of the court order granting guardianship.
D.] A Guardianship Subsidy Agreement must:
1.] Be signed by the guardian and
[ the Division] prior to any payments being
2.] Identify the reason a subsidy is needed.
3.] List the amount of the monthly payment.
4.] Identify dates the agreement is in effect.
5.] Identify responsibilities of the guardian.
6.] Identify under what circumstances the agreement may be
amended or terminated and the time period for agreement
7.] Include a provision for a reduction or termination in
the amount of the guardianship subsidy in the event a legislative
or executive branch action affects
[ the Division's] budget or expenditure
authority, making it necessary for
[ the Division] to reduce or terminate guardianship
subsidies or if a regional office determines that reduction is
necessary due to regional budget constraints.
8.] Include a provision for assignment of benefits to the
Office of Recovery Services in accordance with the Office of
Recovery Services requirements.
9.] Include a provision for re-payment of any financial
entitlement made by the Department
[ Division] to the guardian that was incorrectly
R512-308-10. Notification Regarding Changes.
A.] The guardian must notify
[ the Division] if:
1.] There is no longer a need for a guardianship
2.] The guardian is no longer legally responsible for the
support of the child.
3.] The guardian is no longer providing any financial
support to the child or is providing reduced financial support for
4.] The child no longer resides with the guardian.
5.] The guardian has a change in address.
6.] The child has run away.
7.] The guardian is planning to move out-of-state.
R512-308-11. Reviews, Renewals, and Recertifications.
1.] A guardianship subsidy worker will review each
Guardianship Subsidy Agreement annually. The family situation,
child's needs, and amount of the guardianship subsidy payment
may be considered.
2.] Prior to review, the guardian must complete the
Guardianship Subsidy Recertification form provided by
[ the Division] to verify that the guardian
continues to support the child. If the
Recertification form is not received
after adequate notice, the guardianship subsidy may be delayed or
face possible termination.
1.] In order for guardianship assistance payments to
continue, this agreement shall be renewed at intervals of up to
three years until the child's 18th birthday.
2.] The Department
[ Division] shall provide written notification to
the guardians before the next renewal date and shall supply the
guardian with the appropriate forms.
3.] The Department
[ the Division,] and the guardian may negotiate the
terms of a new agreement at any time. In order to be effective, all
new agreements shall be in writing, on a form approved by the
[ the Division], and signed by the parties. Oral
modifications or agreements shall bind the Department
[ the Division,] and the guardian.
1.] In order for guardianship assistance payments to
continue, the guardian must recertify annually by completing and
submitting the Annual Guardianship Assistance Recertification form
to the Department
[ the Division].
R512-308-12. Appeals/Fair Hearings.
A.] When a decision is made to deny, reduce, or terminate a
[ the Division] shall send by certified mail a
written Notice of Agency Action. The notice shall also include
information about how to request a fair hearing.
A.] A Guardianship Subsidy Agreement will be terminated if
any of the following circumstances occur:
1.] The terms of the agreement are concluded.
2.] The guardian requests termination.
3.] The child reaches age 18 years.
4.] The child dies.
5.] The guardian parent dies or, in a two parent family, if
both guardian parents die.
6.] The guardian parents' legal responsibility for the
7.] The Department
[ Division] determines that the child is no longer
receiving financial support from the guardian parent.
8.] The child marries.
9.] The child enters the military.
10.] The child is adopted.
11.] The child is placed in [ foster] care.
12.] The Department
[ Division] determines that funding restrictions
prevent continuation of subsidies for all guardians.
B.] A guardianship subsidy payment may be terminated or
suspended, as appropriate, if any of the following occur. The
decision to terminate or suspend must be made by the regional
guardianship subsidy screening committee.
1.] The child is incarcerated for more than 30 days.
2.] The child is out of the home for more than a 30-day
period or is no longer living in the home.
3.] The guardian fails to return the annual
Recertification form or to complete the
renewed Guardianship Subsidy Agreement within five working days of
the renewal date.
4.] There is a supported finding of child abuse or neglect
against the guardian.
Date of Enactment or Last Substantive Amendment: [
August 2, 2006]
Authorizing, and Implemented or Interpreted Law: 62A-4a-105; 78A-6-105
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org; Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.