Utah Admin. Code R512-43-12 - Fair Hearings

Current through Bulletin 2022-07, April 1, 2022

(1) A written request for a fair hearing may be submitted to the Department of Human Services within ten working days after receiving a Child and Family Services decision if:
(a) the adoption assistance application is denied;
(b) the adoption assistance application is not acted upon with reasonable promptness;
(c) adoption assistance or supplemental adoption assistance is reduced, suspended, terminated, or changed without the concurrence of the adoptive parents;
(d) the amount of adoption assistance or supplemental adoption assistance approved was less than the amount requested by adoptive parents; or
(e) adoption assistance was not requested before finalization of the adoption and one of the criteria in Section R512-43-5 applies.
(2) The fair hearing officer may approve appropriate state or federal adoption assistance for post finalization requests if one of the following is met:
(a) relevant facts regarding the child, the biological family, or child's background were known but not presented to adoptive parents before finalization;
(b) a denial of assistance was based upon a means test of the adoptive family;
(c) an erroneous state determination was utilized to find a child ineligible for assistance; or
(d) the state or adoption agency failed to advise adoptive parents of the availability of assistance.
(3) The adoptive parents bear the burden of documenting that the child meets the definition of a child with a special need and that one of the criteria in Section R512-43-5 applies. The state may provide corroborating facts to the family or the fair hearing officer.

Notes

Utah Admin. Code R512-43-12
Amended by Utah State Bulletin Number 2016-11, effective 5/9/2016 Amended by Utah State Bulletin Number 2019-2, effective 12/24/2018 Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019 Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.