Human Services, Child and Family Services

Rule R512-305

Out of Home Services, Transition to Adult Living Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 34161
Filed: 10/20/2010 09:47:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add rulemaking authority, update citation information, and make minor formatting and grammatical changes.

Summary of the rule or change:

The proposed changes to this rule add the rulemaking authority for Child and Family Services, update the referenced citations, and make minor formatting and grammatical changes for consistency.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-105
• Section 62A-4a-102

This rule or change incorporates by reference the following material:

• Adds Title 42, Chapter 7, Subchapter IV, Section 677, published by Government Printing Office, 01/03/2007

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes update citation information and add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.

local governments:

There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government, but only applies to Child and Family Services.

small businesses:

There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses, but only applies to Child and Family Services.

persons other than small businesses, businesses, or local governmental entities:

There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities, but only applies to Child and Family Services.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no costs or savings on businesses.

Palmer DePaulis, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Child and Family Services
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2010

This rule may become effective on:

12/22/2010

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-305. Out[ ]-of[ ]-Home Services, Transition to Adult Living Services.

R512-305-1. Purpose and Authority.

[A.](1) The purpose of Transition to Adult Living (TAL) services is to help prepare a youth who is receiving out[ ]-of[ ]-home services in accordance with Rule R512-300 to gain skills to transition to [self-sufficiency in] adulthood and to provide support to youth upon leaving [agency]the Division of Child and Family Services (Child and Family Services) custody. TAL is a continuum of services that begins while youth are in care and continues through post-discharge with the Young Adult Resource Network (YARN).

[B.](2) TAL services, which includes the Education and Training Voucher Program, are authorized by the John H. Chafee Foster Care Independence Program, 42 USC 677 (January 3, 2007)[(1999)], incorporated by reference.

(3) This rule is authorized by Section 62A-4a-102.

 

R512-305-2. Scope of Services.

[A.](1) Qualification for and duration of services:

[1.](a) TAL services are required for all youth receiving out[ ]-of[ ]-home services, age 14 years or older, until [agency]Child and Family Services custody is terminated regardless of permanency goal, as specified in Rule R512-300[-4.D].

[2.](b) The YARN provides services for youth if they are no longer in [care]Child and Family Services custody and are not yet 21 years of age, and the youth:

[a.](i) Ages out of [foster]out-of-home care, or

[b.](ii) While in [foster]out-of-home care, after the age of 14 years, [the youth] received at least 12 consecutive months of TAL services and the court terminated reunification.

[B.](2) Service description:

[1.](a) TAL services build on the youth's individual strengths and develop personal assets in order to help young people acquire the motivation and the means to be successful throughout their lives. The strategies are aimed at helping [foster] youth achieve five fundamental aspects of adult life, including safe and affordable housing, educational attainment and stable employment, health care access, positive sense of self, and supportive and enduring relationships.

[2.](b) YARN consists of time-limited support to youth. This assistance can be provided through support, financial aid, or Basic Life Skills training[Classes]. It [and] may include housing, counseling, employment education, and other appropriate support and services to complement a youth's efforts to achieve self-sufficiency.

[C.](3) Availability:

[1.](a) TAL services and YARN are available in all geographic regions of the state.

[2.](b) TAL services and YARN are available on the same basis to [Indian]Native American youth who are or were formerly in Tribal custody within the boundaries of the state.

 

R512-305-3. Transition to Adult Living Services for a Youth in Child and Family Services [ Agency ] Custody.

[A.](1) The caseworker, with the assistance of the youth and Child and Family Team, ensure s completion of the empirically validated life skills assessment to identify the strengths and needs of the youth.

[B.](2) Based upon the empirically validated life skills assessment, a TAL plan is developed that identifies the youth's strengths, needs, and specific services.

[C.](3) The Child and Family Team determines the TAL plan. Youth aged 14 years or older are required to have a TAL plan, with youth aged 16 years or older taking the lead in setting goals and facilitating the Child and Family Team with staff guidance.

[D.](4) The TAL plan includes a continuum of training and services to be completed by the youth[,] and designated team members[,] in such settings as at the foster home, with a therapist, at school, or through other community-based resources and programs.

[E.](5) Basic Life[Living] Skills training shall be offered to each youth who attains age 16 years. The training may include training in daily living skills, budgeting, career development and financial management skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention).

[F.](6) Each youth who completes Basic Life[Living] Skills training may receive a completion payment.

 

R512-305-4. Transition to Adult Living Placement for a Youth in Child and Family Services[Agency] Custody.

(1) A TAL placement may be used as an alternative to out[ ]-of[ ]-home care when it is determined that such a placement is in the best interest of the youth. The appropriate types of living arrangements for youth in this situation include living with kin; living with former out[ ]-of[ ]-home caregivers while paying rent; living in the community with roommates of the same sex; living alone; living in a group facility, YWCA, boarding house, or dorm; or living with an adult who has passed a background check or the placement was assessed and approved by the region[al] director or designee. This recommendation will be presented to the Child and Family Team, who will work to ensure that this type of placement is appropriate and that the following [p]Practice [g]Guidelines are met:

[A.](a) A TAL placement may be used as an out-of-home care placement.

[B.](b) A youth must be at least 16 years of age to be in a TAL placement.

[C.](c) The Child and Family Team is responsible to determine if a recommendation for a TAL placement for a youth is appropriate.

[D.](d) The region[al] director or designee is authorized to approve a TAL placement.

[E.](e) The caseworker and youth shall complete a contract outlining responsibilities and expectations while in the TAL placement.

[F.](f) The caseworker shall visit with and monitor progress of the youth at an interval determined by the Child and Family Team, but no less frequently than once per month.

[G.](g) The youth may receive a TAL stipend while in the TAL placement.

[H.](h) If the TAL placement is not successful, the Child and Family Team shall meet to determine, with the youth, a more appropriate living arrangement in accordance with R512-305-4.[E.]

 

R512-305-5. Child and Family Services[Division] Responsibility to a Youth Leaving Out[ ]-of[ ]-Home [Services]Care.

[A.](1) The YARN provides support to youth who leave out[ ]-of[ ]-home care, as specified in R512-305-2.

[B.](2) A youth may access services by contacting a Child and Family Services[Division] office and being referred to a regional TAL coordinator.

[C.](3) Services may include additional [b]Basic [l]Life [s]Skills training, information and referral, mentoring, computer access for resources, and follow-up support. Funds may also assist eligible youth in the four areas listed below:

[1.](a) Education, Training, and Career Exploration.

[2.](b) Physical, Mental Health , and Emotional Support.

[3.](c) Transportation.

[4.](d) Housing Support.

[D.](4) Funds used for room and board are subject to federal limits.

 

KEY: social services, child welfare, [foster]out-of-home care, Transition to Adult Living

Date of Enactment or Last Substantive Amendment: [June 19, 2006]2010

Notice of Continuation: August 20, 2008

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105