Utah Admin. Code R512-43-5 - Monthly Subsidy
(1) A child
qualifies for a monthly subsidy when the following requirements are met:
(a) the child meets the qualifying factors
for adoption assistance listed in Section
R512-43-3;
(b) the child meets the definition of child
in public foster care, qualifies for SSI, or the child had a previous IV-E
agreement or state adoption assistance agreement; and
(c) the child's eligibility for SSI is
established no later than the time adoption proceedings are
initiated.
(2) The
amount of monthly subsidy to be paid for a child is based on the child's
present and long-term care and treatment needs and available resources,
including the family's ability to meet the needs of the child. A combination of
the parents' resources and subsidy should cover the ordinary and special needs
expenses of the child projected over an extended period.
(3) The amount of the monthly subsidy may not
exceed the payment that would be made if the child was placed in a foster
family home at the point in time when the agreement is being initiated or
revised.
(4) The amount of monthly
subsidy may increase or decrease when the child's level of need or the family's
ability to meet those needs changes. The family or the Child and Family
Services worker may initiate a request for a change in the amount of subsidy up
to two times per fiscal year, when needs or resources change.
(5) If the adoptive family is receiving post
adoption services and has an open Child and Family Services case, a change in
the amount of subsidy may be initiated at any time during the open case to
address service needs.
(6) For a
child in public foster care, the requested amount of monthly subsidy is
negotiated between the adoptive parent and the Child and Family Services
worker. Before subsidy negotiation, the adoptive parents must have reviewed the
child's case file information and discussed in depth with the Child and Family
Services worker what will be needed after the child leaves state's
custody.
(7) The amount of the
monthly subsidy is subject to the approval of the regional adoption assistance
committee. If the requested amount is not granted, the adoptive parent has a
right to appeal as stated in Section
R512-43-12.
(8) Utilizing the level of need criteria
specified in Section R512-43-5, the Child and Family
Services worker and adoptive family identify the child's level of
need.
(9) The Child and Family
Services worker and adoptive family shall identify the applicable monthly
subsidy payment range, according to the child's specified level of need, as
specified in Section R512-43-5.
(10) The Child and Family Services worker and
adoptive family shall negotiate the amount of monthly subsidy to be requested
from the regional adoption assistance committee. The requested monthly subsidy
amount may not exceed the maximum amount for the specific level of need
identified for the child nor the maximum amount that the child would receive if
placed in a foster family home;
(11) The identified need level for the child
and requested amount of monthly subsidy shall be presented to the regional
adoption assistance committee for approval. If the requested amount is not
approved or is reduced by the committee, Child and Family Services shall send a
written notice to the adoptive parents within 30 days informing them of the
process to request a fair hearing.
(12) The level of need is determined by
considering the child's age, history, physical, mental, emotional, and social
functioning and needs, and any other relevant factors. Frequency of occurrence,
duration, severity, and number of needs or problem areas are also
considered.
(13) The presence of a
particular issue listed within a designated level does not mandate that the
child be categorized at that level as the child's needs, taken as a whole,
determine the level selected for the child.
(14) The level of need is classified into
three categories.
(a) Level one applies to a
child with a minimal number and severity of needs. It is expected that most of
these issues will improve with time, and significant improvement may be
anticipated over the course of the adoption.
(i) For children ages five and under issues
may include feeding problems, aggressive or self destructive behavior,
victimization from sexual abuse, victimization from physical abuse; or no more
than one developmental delay in fine motor, gross motor, cognitive or social
and emotional domains.
(ii) For
children ages six through 18, issues may include social conflict, physical
aggression, minor sexual reactivity, need for education resource classes or
tutoring, minor medical problems requiring ongoing monitoring, or mental health
issues requiring time limited counseling.
(b) Level two applies to a child with a
moderate number and severity of needs.
(i) It
is expected that a number of these issues are long-term in nature and the
adoptive family and child will be working with them over the course of the
adoption, and may intensify or worsen if not managed carefully.
(ii) Outside provider support will probably
continue to be needed during the adoption.
(iii) For children ages five and under,
issues may include developmental delays in two or more areas of fine motor,
gross motor, cognitive or social and emotional domains; diagnosis of failure to
thrive; moderate genetic disease or physical disability condition; or physical
aggression expressed several times a week, including superficial injury to self
or others.
(iv) For children ages
six to 18, issues may include daily social conflict or serious withdrawn
behavior; moderate risk of harm to self or others due to physically aggressive
behavior; emotional or psychological issues with a mental health diagnosis
requiring ongoing counseling sessions over an extended period; moderate sexual
reactivity or perpetration; chronic patterns of being destructive to items or
property; cruelty to animals; mild cognitive disability, autism, or fetal
alcohol spectrum disorder with ongoing need for special education services; and
physical disabilities requiring ongoing attendant care or other caretaker
support.
(c) Level three
applies to a child with a significant number or high severity of needs.
(i) It is expected that these issues will not
moderate and may become more severe over time.
(ii) The child's level of need may require
personal attendant care or specialized care outside of the home, when
prescribed by a professional.
(iii)
For children ages five and under issues may include severe life threatening
medical issues; moderate or severe cognitive disability, autism, or fetal
alcohol spectrum disorder; serious developmental delays in three or more areas
of fine or gross motor, cognitive or social and emotional domains; anticipated
need for ongoing support for activities of daily living, such as feeding,
dressing and self care; or high levels of threat for harm to self or others due
to aggressive behaviors.
(iv) For
children ages six to 18 issues may include moderate or severe retardation or
autism; life threatening medical issues; severe physical disabilities not
expected to improve over time; predatory sexual perpetration; high risk of
serious injury to self or others due to aggressive behavior; serious attempts
or threats of suicide; severely inhibiting diagnosed mental health disorders
diagnosed within the past year that limit normal social and emotional
development, such as a need for ongoing self contained or special education
services.
(15) The regional adoption assistance
committee must approve the level of need identified for the child.
(16) A child's need level may be increased in
severity by one level if the adoption assistance committee determines that the
child's permanency may be compromised due to financial barriers to the child's
adoption and if at least one of the following circumstances apply:
(a) the child has been in state custody for
longer than 24 months;
(b) the
child is nine years of age or older; or
(c) the child is part of a sibling group of
three or more children being placed together for adoption.
(17) Each level of need corresponds to a
dollar range in the amount of monthly subsidy that may be paid for a child,
with the specific amount based upon the individual child's needs and the
family's ability to meet those needs.
(18) The monthly subsidy amount for an
individual child may not exceed the maximum amount for the payment range
applicable to the child's level of need.
(19) A family may choose to defer receipt of
a monthly subsidy that a child qualifies for, with the option to initiate a
monthly subsidy at a later date.
(20) A family may choose to receive a lesser
amount than would be allowable for the level of need at a given point in
time.
(21) Monthly subsidy payments
for a child's needs categorized as level one range from 0% to 40% of the
maximum maintenance payment that could be paid for a child in a foster family
home in State Fiscal Year 2023.
(22) A family may choose to receive a lesser
amount than would be allowable for the child's level of need at a given point
in time.
(23) Monthly subsidy
payments for a child's needs categorized as level two range from 20% to 70% of
the maximum maintenance payment that could be paid for a child in a foster
family home in State Fiscal Year 2023.
(24) Monthly subsidy payments for a child's
needs categorized as level three range from 50% to 100% of the maximum
maintenance payment that could be paid for a child in a foster family home in
State Fiscal Year 2023.
(25) For
extraordinary, infrequent, or uncommon documented needs that cannot be covered
by a monthly subsidy or state medical assistance, refer to supplemental
adoption assistance in Section
R512-43-7.
(26) The two funding sources for the monthly
subsidy are Title IV-E adoption assistance and state adoption assistance funds.
The child's eligibility determines which funding source is used for
payment.
(27) Title IV-E adoption
assistance shall be considered first for the monthly subsidy. To receive Title
IV-E adoption assistance, a child with special needs shall meet at least one of
the following federal requirements:
(a) a
child is determined eligible for SSI for a disability by the Social Security
Administration before the initiation of adoption proceedings;
(b) a child in foster care who meets the age
criteria defined by the federal fiscal year qualifies for Title IV-E adoption
assistance if other enhanced eligibility criteria is met;
(c) a child in foster care who has been in
foster care for any previous 60 consecutive months may qualify for Title IV-E
Adoption Assistance if other enhanced eligibility criteria is met;
(d) a child in foster care who is a sibling
of another child in foster care who qualifies under the enhanced age criteria
and is being adopted into the same family may qualify for Title IV-E adoption
assistance if other enhanced eligibility criteria is met;
(e) the removal home for the child in public
foster care received, or would have been eligible to receive, AFDC before
removal, and the child was removed from the home as a result of a judicial
determination that remaining in the home would be contrary to the child's
welfare;
(f) the child was
voluntarily placed for foster care with the state, and was or would have been
AFDC eligible at the time of voluntary placement if application had been made,
the child lived with a specified relative within the six months before the
voluntary placement, and Title IV-E foster care maintenance payments were made
on behalf of the child;
(g) the
child's needs were met through foster care maintenance payments made to and for
the child's minor parents as provided by Subsection 475(4)(B) of the Social
Security Act; or
(h) the child had
a previous IV-E adoption assistance agreement.
(28) The adoptive family may use state
adoption assistance funds for the monthly subsidy if the qualified child is not
eligible for Title IV-E adoption assistance.
(29) The monthly subsidy may be used
according to the parents' discretion. Examples of the uses of the monthly
subsidy payment are:
(a) medical, dental, or
mental health services not paid for by the state medical assistance or family
insurance;
(b) special equipment
for physically or mentally challenged children;
(c) respite care;
(d) child care;
(e) therapeutic equipment;
(f) minor renovation of the home to meet
special needs of the child;
(g)
damage and repairs;
(h) speech
therapy;
(i) tutoring;
(j) specialized preschool based on needs of
the child; (k) private school;
(l)
exceptional basic needs such as special food, clothing, and shelter;
(m) visitations with biological relatives;
and
(n) cultural and heritage
activities and information.
(30) The adoption assistance agreement will
specify the child's eligibility for Title XIX and Title XX services, if
available.
Notes
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