Utah Admin. Code R512-308-8 - Determining Guardianship Subsidy Amounts

(1) 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 subsidy amount may not exceed the amounts specified in this section. The caseworker presents to the committee information regarding the special needs of the child, the guardian family's income and expenses, and the guardian family's special circumstances.

(2) The following factors must be considered when determining the amount of the monthly subsidy to be granted:

(a) all sources of financial support for the child, including supplemental security income, Social Security benefits, and other benefits; and

(b) the regional guardianship subsidy committee may require verification of financial support:

(i) 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; and

(ii) the guardianship subsidy should not replace other available income, such as supplemental security income or Social Security benefits.

(3)

(a) A guardianship subsidy will not exceed the amounts indicated, and may be less based upon the ongoing needs of the child and the needs of the guardian family.

(b)

(i) Guardianship 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.

(ii) The amount of guardianship subsidy for a child whose needs are within Guardianship I may be any amount up to the lowest Foster Care Level 1 (FC1) rate that was in effect when the child exited custody.

(iii) The age of the child is not considered when determining the amount of the guardianship subsidy.

(c)

(i) Guardianship II is for a child who may be physically disabled, developmentally delayed, medically needy or medically fragile, or have a serious emotional disorder.

(ii) The amount of the Guardianship II subsidy may range from the lowest FC1 rate to the lowest Foster Care Level 2 (FC2) rate that was in effect when the child exited custody; and

(iii) The age of the child is not considered when determining the amount of the guardianship subsidy.

(4) Children who were placed in Foster Care Level II or higher, such as FC3, group homes, and residential facilities, at the time of exit are considered for the Guardianship II rate.

(5) Guardianship subsidies may not exceed the Guardianship II rate.

(6) Funds for guardianship subsidies are funded with state general funds. A region has the discretion to limit the number of guardianship subsidies or reduce guardianship subsidy rates based on the availability of funds.

(7)

(a) The process for changing the amount of the guardianship subsidy is as follows.

(b) The amount of a guardianship subsidy awarded does not automatically increase when there is an out-of-home care rate change or as the child ages.

(c)

(i) 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.

(ii) The guardian must complete the form designated by Child and Family Services and provide documentation to justify the request.

(iii) The request must be reviewed and approved by the regional guardianship subsidy screening committee.

(iv) If approved, a new guardianship subsidy agreement will be completed.

(d) Child and Family Services may reduce a guardianship subsidy rate due to inadequate state general funds.

(e) Child and Family Services must provide a written Notice of Agency Action by certified mail at least 30 days in advance if a guardianship subsidy rate is going to be reduced.

Notes

Utah Admin. Code R512-308-8

Amended by Utah State Bulletin Number 2018-1, effective 12/8/2017 Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022 Amended by Utah State Bulletin Number 2024-01, effective 12/28/2023