Section 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.Utah Admin. Code R512-43-3
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