Section R512-43-12 - Fair Hearings(1) The adoptive family may submit a written request for a fair hearing to the Department of Health and Human Services, Finance and Administration 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.Utah Admin. Code R512-43-12
Amended by Utah State Bulletin Number 2016-11, effective 5/9/2016Amended by Utah State Bulletin Number 2019-2, effective 12/24/2018Amended by Utah State Bulletin Number 2019-9, effective 4/8/2019Amended by Utah State Bulletin Number 2022-07, effective 3/11/2022Amended by Utah State Bulletin Number 2024-03, effective 1/11/2024