Utah Admin. Code R512-43-3 - General Requirements for Adoption Assistance
(1) Qualification for adoption assistance is
based upon the child meeting qualifying factors, not the adoptive
family.
(2) A child qualifies for
adoption assistance if the following are met:
(a) the state has determined that the child
cannot or should not be returned home;
(b) the state can document that reasonable
efforts were made to place the child for adoption without providing adoption
assistance;
(c) an exception
applies if the child has significant emotional ties with the adoptive family
and it is not in the child's best interest to consider a different adoptive
placement;
(d) the state determines
the child meets the definition of a child with a special need in accordance
with Section
80-2-801; and
(e) a child under age five in public foster
care meets the special need definition of "a child with a physical, emotional
or mental disability" when the child is at risk to develop such a condition due
to specific factors identified in the child's or birth parents' health and
social histories.
(3) In
determining eligibility for adoption assistance, there is no income eligibility
requirement or means test for the adoptive parents.
(4) A child must be a United States citizen
or qualified alien to receive adoption assistance.
(5) The adoptive family shall submit an
application for adoption assistance to the regional adoption assistance
committee on a form provided by Child and Family Services.
(6) Application for adoption assistance,
approval, and completion of the adoption assistance agreement, including
signatures of an adoptive parent and a representative from Child and Family
Services, are to be completed before finalization of the adoption. For Title
IV-E eligibility, the adoption assistance agreement is considered fully
executed when signed by an adoptive parent and a representative from Child and
Family Services before finalization of the adoption.
(7) Adoptive parents may request adoption
assistance after an adoption is finalized by requesting a fair hearing through
the Office of Administrative Hearings. Adoption assistance may only be granted
by the regional adoption assistance committee after finalization when the
conditions stated in Section
R512-43-12 are met.
(8) Adoption assistance usually begins after
finalization of an adoption. However, the regional adoption assistance
committee may initiate adoption assistance at the time of placement if the
child is legally free for adoption, the adoptive home is approved, adoption
proceedings are initiated, an adoption assistance agreement is fully executed
before placement, and foster care maintenance payments are not being provided
for the child.
(9) The regional
adoption assistance committee shall approve an adoption assistance agreement
and shall have the required signatures before any payments may be made to an
adoptive family or before state medical assistance may be initiated by the
adoption assistance committee.
(10)
A qualified child shall continue to be eligible to receive adoption assistance
until a child reaches age 18 unless causes for termination apply as stated in
Section R512-43-11. The regional
adoption assistance committee may extend adoption assistance until a child
reaches age 21 when:
(a) the regional
adoption assistance committee has determined that the child has a mental or
physical disability that warrants continuing assistance; or
(b) if the child meets the criteria for
services in the Department of Health and Human Services, Division of Services
for People with Disabilities.
(11) Child and Family Services is responsible
for notifying a prospective adoptive family of the availability of adoption
assistance when the family begins an adoptive placement of a qualified child in
public foster care.
(12) The
adoptive parents are responsible to notify Child and Family Services of any
circumstances that may affect the child's eligibility for adoption assistance
or eligibility for adoption assistance in a different amount.
Notes
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