File No. 34935
This rule was published in the July 1, 2011, issue (Vol. 2011, No. 13) of the Utah State Bulletin.
Workforce Services, Employment Development
Section R986-500-506
Safeguarding Records
Notice of Proposed Rule
(Amendment)
DAR File No.: 34935
Filed: 06/15/2011 05:51:14 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The purpose of this amendment is to safeguard adoption records.
Summary of the rule or change:
The Department previously kept hard copies of adoption records in one location under lock and key. Since the Department has basically gone electronic, scanning all documents, this is no longer possible. Instead of scanning the documents which might contain sensitive adoption information, a Department employee will verify the information and the documents will no longer be kept.
State statutory or constitutional authorization for this rule:
- Subsection 35A-1-104(4)
- Section 35A-3-114
- Section 35A-1-104
Anticipated cost or savings to:
the state budget:
There are no anticipated costs of savings to the state budget as these proposed changes are nonsubstantive in nature and will not affect current funding levels.
local governments:
These changes are nonsubstantive in nature and the program is state funded so there will be no costs or savings to local government.
small businesses:
These proposed are nonsubstantive in nature so there will be no costs or savings to any small business.
persons other than small businesses, businesses, or local governmental entities:
These proposed nonsubstantive in nature so there will be no costs or savings to other persons, businesses other than small businesses, or local government entities.
Compliance costs for affected persons:
There are no compliance costs for affected persons as these changes are nonsubstantive in nature and there are no costs for complying.
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business.
Kristen Cox, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Workforce ServicesEmployment Development
140 E 300 S
SALT LAKE CITY, UT 84111-2333
Direct questions regarding this rule to:
- Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected]
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:
08/01/2011
This rule may become effective on:
08/08/2011
Authorized by:
Kristen Cox, Executive Director
RULE TEXT
R986. Workforce Services, Employment Development.
R986-500. Adoption Assistance.
R986-500-506. Safeguarding Records.
[Records pertaining to the adoption will not be kept in the
client's case file but will be sent to the Department of
Adoption Assistance Specialist and kept private. This includes
verification of relinquishment and anything that would identify any
agency, organization, or individual assisting with the
adoption.]Records pertaining to the adoption will not be kept or imaged by
the Department. This includes verification of relinquishment and
anything that would identify any agency, organization, or
individual assisting with the adoption.
The Department must, however, review required legal documentation verifying that the client has relinquished custody for the purposes of adoption. The legal documentation consists of either a court document or statement from the adoption agency.
The client's file will contain a Verification of Relinquishment form signed by the Department employee who viewed and verified the legal documentation.
KEY: adoption assistance
Date of Enactment or Last Substantive Amendment: [September 29, 2008]2011
Notice of Continuation: September 8, 2010
Authorizing, and Implemented or Interpreted Law: 35A-3-114
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [email protected].