DAR File No. 39764

Human Services, Child and Family Services

Rule R512-2

Title IV-B Child Welfare/Family Preservation and Support Services and Title IV-E Foster Care, Adoption, and Independent Living

Notice of Proposed Rule

(Amendment)

DAR File No.: 39764
Filed: 09/23/2015 08:45:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule modification is to bring the rule in line with current statute and practice.

Summary of the rule or change:

This rule change is intended to clarify the services offered by Child and Family Services, as well to adopt federal requirements applicable to Titles IV-B and IV-E of the Social Security Act.

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 42 CFR 7 Sections 621, 622, 623, 624, 626, 627, 629, 629a, 629b, 629c, 629d, 629e, 629f, 629g, 629i, 670, 671, 672, 673, 673a, 673b, 674, 675, 675a, 676, 677, 679b, published by U.S. Code Online via Government Printing Office Access, 09/29/2014
• Adds Pub. Law No. 113-183, published by Government Printing Office, 09/29/2014
• Adds 45 CFR Part 1355 , published by U.S. Code Online via Government Printing Office Access, 01/06/2012
• Adds 45 CFR Part 1356, published by U.S. Code Online via Government Printing Office Access, 01/06/2012
• Adds 45 CFR Part 1357, published by U.S. Code Online via Government Printing Office Access, 01/06/2012

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 do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule; thus, it will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are therefore not affected by this rule; thus, it will have no fiscal impact.

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

There is no expected fiscal impact for "persons other than small businesses, businesses, or local government entities" because funding requests for services offered by Child and Family Services come out of already-existing budgets.

Compliance costs for affected persons:

Child and Family Services determined that there will be no compliance costs for affected persons because there are no specific costs involved with the changes being made to this rule.

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

This rule will have no fiscal impact on businesses.

Ann Williamson, 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 Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@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:

11/16/2015

This rule may become effective on:

11/23/2015

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-2. Title IV-B Child Welfare/Family Preservation and Support Services and Title IV-E Foster Care, Adoption, and Independent Living.

R512-2-1. Purpose and Authority.

(1) The purpose of this rule is to adopt federal requirements applicable to Titles IV-B and IV-E of the Social Security Act.

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

 

R512-2-2. Child Welfare/Family Preservation and Support Services.

(1) The Division of Child and Family Services (Child and Family Services) adopts the following federal requirements applicable to Title IV-B, Subparts 1 and 2 for child welfare and family preservation and support services:

[(a) 42 USC 620, 621, 622, 623, 624, 625, 626, 629, 629a, 629b, 629c, 629d, 629e as amended by Public Law 110-351 (October 7, 2008), incorporated by reference; and

(b) 45 CFR Parts 1355 and 1357 as updated through October 1, 2009, incorporated by reference.

] (a) 42 USC 621, 622, 623, 624, 626, 627, 629, 629a, 629b, 629c, 629d, 629e, 629f, 629g, 629i, as amended by Public Law 113-183 (September 29, 2014), incorporated by reference; and

(b) 45 CFR Parts 1355 and 1357, as updated on January 6, 2012, incorporated by reference.

 

R512-2-3. Title IV-E Foster Care, Adoption, and Independent Living.

(1) Child and Family Services adopts the following federal requirements applicable to Title IV-E Foster Care, Adoption, and Independent Living:

[(a) 42 USC 670, 671, 672, 673, 674, 675, 676, 677, and 679, as amended by Public Law 110-351 (October 7, 2008), incorporated by reference; and

(b) 45 CFR Part 1356, as updated through October 1, 2009, incorporated by reference.

] (a) 42 USC 670, 671, 672, 673, 673a, 673b, 674, 675, 675a, 676, 677, 679b, as amended by Public Law 113-183 (September 29, 2014), incorporated by reference; and

(b) 45 CFR Part 1356, as updated on January 6, 2012, incorporated by reference.

 

KEY: child welfare, foster care, adoption, eligibility

Date of Enactment or Last Substantive Amendment: [September 15, 2010]2015

Notice of Continuation: March 5, 2012

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