DAR File No. 40258
This rule was published in the April 1, 2016, issue (Vol. 2016, No. 7) of the Utah State Bulletin.
Human Services, Child and Family Services
Choose Life Adoption Support Restricted Account
Notice of Proposed Rule
DAR File No.: 40258
Filed: 03/10/2016 12:12:25 PM
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:
The content of the amendment is to make technical changes to the rule to bring it in line with current titles and language.
State statutory or constitutional authorization for this rule:
- Section 41-1a-422
- Section 41-1a-418
- Section 41-1a-419
- Section 62A-4a-311
- Section 62A-4a-102
- Section 63J-1-504
- Section 62A-4a-608
- Section 63J-1-602.4
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 have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.
Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and 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 firstname.lastname@example.org
- Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com
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:
This rule may become effective on:
Brent Platt, Director
R512. Human Services, Child and Family Services.
R512-44. Choose Life Adoption Support Restricted Account.
R512-44-1. Purpose and Authority.
(1) The purpose of this rule is to specify the requirements for carrying out the purposes of the Choose Life Adoption Support Restricted Account as outlined in Section 62A-4a-608, with the funding specified in Section 41-1a-418.
(2) This rule is authorized by Section 62A-4a-102.
(1) For the purposes of this Rule:
(a) "Administrator" means the employee of Child and Family Services appointed by the Director to administer the Choose Life Adoption Support .
(b) "Child and Family Services" means the Division of Child and Family Services.
(c) "Director" means the Director of Child and Family Services.
(d) "RFP" means Request for Proposal.
(1) Funds from the Choose Life Adoption Support Restricted Account shall be used for charitable organizations that support, promote, and provide education about adoption. This may occur by producing and distributing educational and promotional materials on adoption, conducting educational courses on adoption, and providing other programs that support adoption as specified in Section 62A-4a-608.
R512-44-4. Responsibilities of the Director.
(1) In addition to the responsibilities defined in Section 62A-4a-608, the Director shall:
(a) Designate a staff member to serve as the Administrator of the Choose Life Adoption Support Restricted Account.
(2) Approve policies of the Choose Life Adoption Support Restricted Account.
R512-44-5. Funding Limitations and Requirements.
(1) Child and Family Services shall distribute the funds in the Choose Life Adoption Support Restricted Account to one or more charitable organizations that:
(a) Qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) As part of their primary mission,
include the support, promotion, and education [
of] adoption [ programs]; and
(c) Are licensed or registered to do business within the state in accordance with Utah state law.
(2) Funding for individual projects shall be based on yearly revenues available in the restricted account. If unobligated account revenues for a given year are less than $50,000, Child and Family Services may forego the RFP process for that year.
(3) Each program or project funded through the Choose Life Adoption Support Restricted Account shall provide a dollar-for-dollar match from private, non-government sources.
(a) In-kind contributions may be used as part of the match requirement. No more than 50 percent of the match requirement may be in-kind.
(b) Items that may be used as in-kind match are contributed services of support personnel, office space, furniture and equipment, utility costs, donated printing, vehicles, and contributed services of professional personnel including physicians, nurses, social workers, psychologists, educators, public accountants, and lawyers who are performing services for which they would normally be paid. The source of original funding for this in-kind match shall not be state or federal monies.
(4) Of the total monies available for allocation in the Choose Life Adoption Support Restricted Account, awards shall be granted according to the allocation plan approved by the Director.
R512-44-6. Proposal Requirements.
(1) A RFP shall be developed by the Administrator based upon the approved allocation plan and adoption support priorities, and in accordance with State Purchasing Guidelines. The RFP shall specify the purposes and eligibility requirements for projects or programs to be funded through the Choose Life Adoption Support Restricted Account. The proposal requirements may vary from year to year.
(2) The RFP shall be disseminated through the online State Purchasing Bid Program. Project or program proposals shall be submitted as specified in the RFP.
R512-44-7. Procedures in Selecting Programs or Projects to be Supported by the Choose Life Adoption Support Restricted Account.
(1) Proposals received by Child and Family Services in response to the RFP shall be reviewed according to the criteria specified in the RFP, consistent with Section 62A-4a-608.
(2) The Administrator or Child and Family Services contract specialists shall negotiate contracts with successful offerors, based on State Purchasing Guidelines.
(1) Choose Life Adoption Support Restricted Account funds may be used for research programs consistent with Section 62A-4a-608 at funding levels deemed appropriate. Basic or applied research programs or projects that provide empirical data that help support adoption or inform adoption education may be funded.
(1) Each program or project funded through the Choose Life Adoption Support Restricted Account shall be evaluated by Child and Family Services at least once each year to determine if the purposes and goals of the project have been met.
KEY: adoption, Choose Life Adoption Support
Date of Enactment or Last Substantive Amendment: [
October 26, 2011]
Authorizing, and Implemented or Interpreted Law: 41-1a-418; 41-1a-419; 41-1a-422; 62A-4a-102; 62A-4a-311; 62A-4a-608; 63J-1-504; 63J-1-602.4
More information about a Notice of Proposed Rule is available online.
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/2016/b20160401.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.
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For questions regarding the content or application of this rule, please contact Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at firstname.lastname@example.org; Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.