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 Services
Employment 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 spixton@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:

08/01/2011

This rule may become effective on:

08/08/2011

Authorized by:

Kristen Cox, Executive Director

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