Human Services, Child and Family Services

Rule R512-306

Transition to Adult Living Services, Education and Training Voucher

Notice of Proposed Rule

(Amendment)

DAR File No.: 34162
Filed: 10/20/2010 10:14:53 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-102
• Section 62A-4a-105
• Section 63G-4-301

This rule or change incorporates by reference the following material:

• Adds Title 20, Chapter 28, Subchapter IV, Part E, Section 1087ll, published by Government Printing Office, 01/03/2007
• Adds Pub. L. No. 107-133, published by Government Printing Office, 01/17/2002
• Adds Title 20, Chapter 28, Subchapter IV, Part E, Section 1087kk, 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.

R512-306. Out-of-Home Services, Transition to Adult Living Services, Education and Training Voucher Program.

R512-306-1. Purpose and Authority.

(1) The Education and Training Voucher Program assists individuals in [foster]out-of-home care to make a more successful transition to [self-sufficiency in] adulthood. The Education and Training Voucher program provides the financial resources for postsecondary education and vocational training necessary to obtain employment or to support the individual's employment goals.

(2) The Education and Training Voucher Program is authorized by [Pub. L.]Public Law No. 107-133, which is incorporated by reference. 20 USC 1087kk and 20 USC 108711 (January 3, 2007)[(2001)] are also incorporated by reference.

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

 

R512-306-2. Definitions.

(1) The following terms are defined for the purposes of this rule:

(a) Institution of higher education means a school that:

[i.](i) Awards a bachelor's degree or not less than a two-year program that provides credit towards a degree, or

[ii.](ii) Provides not less than one year of training towards gainful employment, or

[iii.](iii) Is a vocational program that provides training for gainful employment and has been in existence for at least two years, and that also meets all of the following:

[A.](A) Admits as regular students only persons with a high school diploma or equivalent; or who are beyond the age of compulsory school attendance (Section s 53A-11-101 and 53A-11-102).

[B.](B) Public or non-profit facility; and

[C.](C) Accredited or pre-accredited by a recognized accrediting agency that the Secretary of Education determines to be reliable and is authorized to operate in the state.

(b) Satisfactory progress means maintaining at least a C grade average or 2.0 on a 4.0 scale on a cumulative basis or equivalent passing status as determined by the educational institution.

(c) GED means General Education Development.

(d) Child and Family Services[Division] means the Division of Child and Family Services.

[f)](e) Full-time means enrollment in the standard number of credit hours for each semester or quarter as defined by the educational institution.

[e)](f) [Foster]Out-of-home care means substitute care for children in the custody of the Department of Human Services/Division of Child and Family Services and/or [Indian]Native American Tribes.

(g) Part-time means enrollment in fewer credit hours than the full-time standard as defined by the educational institution.

 

R512-306-3. Scope of Program.

(1) To be eligible for the Education and Training Voucher Program, an individual must meet all of the following requirements:

(a) An individual in [foster]out-of-home care who has not yet reached 21 years of age, or

(b) An individual no longer in [foster]out-of-home care, but who received 12 months of Transition to Adult Living services after the age of 14 years while in [foster]out-of-home care and the court terminated reunification, or

(c) An individual no longer in [foster]out-of-home care who reached 18 years of age while in [foster]out-of-home care and who has not yet reached 21 years of age, or

(d) An individual adopted from [foster]out-of-home care after reaching 16 years of age and who has not yet attained 21 years of age, and

(e) Has an individual educational assessment and individual education plan completed by Child and Family Services[the Division] or their designee;

(f) Submit s a completed application for the Education and Training Voucher Program;

(g) Is[Be] accepted to a qualified college, university, or vocational program;

(h) Applies[Apply] for and accept s available financial aid from other sources before obtaining funding from the Education and Training Voucher Program;

(i) Enroll s as a full-time or part-time student in the college, university , or vocational program; and

(j) Maintain s a 2.0 cumulative grade point average on a 4.0 scale or equivalent as determined by the educational institution.

(2) The application and attachments will be reviewed and approved by regional Transition to Adult Living program staff or their designee. Individuals meeting all requirements will be accepted for program participation when Education and Training Voucher Program funding is available. If demand exceeds available funding, Child and Family Services[the Division] may establish a waiting list, which will then be awarded to the applicants in the order received on a first[ ] -come first[] -serve basis for funding or Child and Family Services[the Division] may approve applications for lesser amounts of funding. The individual will receive written notice of approval or denial of the application. If denied or terminated, a written reason for denial will be provided.

(3) If an application for benefits under the Education and Training Voucher [p]Program is denied, the applicant has the right to appeal the decision through an administrative hearing in accordance with Section 63G-4-301[as per 63G-4-301 et seq].

(4) The individual may participate in the Education and Training Voucher Program until[ the completion of]:

(a) [t]The completion of the degree or vocational program; or

(b) [r]The individual reach es age 21 years.

(c) If an individual attains age 21 years while enrolled in the Education and Training Voucher Program, the individual may continue in the program until age 23 years as long as the individual is attending an accredited or pre-accredited college, university, or vocational program full-time or part-time, is making satisfactory progress, and funding continues to be available. The individual must make a written request and receive a written approval prior to his or her 21st birthday to be continued for eligibility for the Education and Training Voucher Program.

(5) The individual must provide ongoing documentation of full-time or part-time enrollment, satisfactory progress as detailed in the individual education plan, additional requests for funding, and any changes in total costs for attendance or other financial aid to Child and Family Services[the Division] in order to continue receiving benefits under the program.

(6) A program participant who receives less than a 2.0 GPA in a single grading period will be placed on probationary status and,

(a) The individual will receive written notice of the probationary status. The individual will have one subsequent grading period to regain or show significant progress toward a 2.0 GPA to continue in the program.

(b) Upon completion of a satisfactory grading period, the participant will be notified that the probation period is over.

(c) The participant that does not receive satisfactory grades while on probation will receive written notice of loss of eligibility for the Education and Training Voucher Program.

(7) An individual under age 21 years who has previously been denied acceptance to the program or who lost eligibility for the program due to not making satisfactory progress may reapply for the program at any time.

(8) An individual may receive vouchers up to a maximum amount of $5,000 per year through the Education and Training Voucher Program. Amounts are determined by the cost of tuition at specific educational institutions and enrollment status.

(a) In accordance with 20 USC 1087kk, the total amount awarded may not exceed the total cost of attendance, as described in R512-306-4, minus:

(i) [e]Expected contributions from the individual's family; and

(ii) [e]Estimated financial assistance from other State or Federal grants or programs.

(b) Awards are subject to the availability of Child and Family Services[Division] Education and Training Voucher Program funds appropriated for this program.

(c) In accordance with 42 USC 677[(i)(5)], the amount of benefits received through the Education and Training Voucher Program may be disregarded in determining an individual's eligibility for, or amount of, any other Federal or Federally supported assistance.

 

KEY: [foster]out-of-home care, Transition to Adult Living

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

Notice of Continuation: May 7, 2009

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 63G-4-301