DAR File No. 43325

Human Services, Child and Family Services

Rule R512-306

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

Notice of Proposed Rule

(Amendment)

DAR File No.: 43325
Filed: 10/25/2018 11:28:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended in response to the Family First Prevention Services Act, which was signed into law on February 9, 2018 as part of the Bipartisan Budget Act. This law allows eligible foster youth to access education training voucher funds until they attain the age 26.

Summary of the rule or change:

Youth who qualify for an education training voucher program may access education and training voucher funds until they attain the age 26. Prior to the change in federal law, funds were only available for eligible youth until the age 23.

Statutory or constitutional authorization for this rule:

• Section 63G-4-301
• Section 62A-4a-102
• Section 62A-4a-105
• Pub. L. 115-123, Section 50753(c)

This rule or change incorporates by reference the following material:

• Adds 20 USC 1087ll, published by U.S. Government Printing Office Online via GPO Access, 10/07/1998
• Adds 20 USC 1087kk, published by GPO, 10/07/2008
• Adds Public Law 107-133, published by U.S. Code Online via GPO Access, 01/17/2002

Anticipated cost or savings to:

the state budget:

The change in federal law did not increase the number of years a youth could qualify for education and training voucher funds, nor the dollar amount available for an individual. It also did not increase the amount of federal funds available for this service. These proposed rule amendments are not expected to have any fiscal impact on state government revenues or expenditures.

local governments:

There is no anticipated fiscal impact to local governments due to these rule amendments.

small businesses:

There is no anticipated fiscal impact to small businesses due to these rule amendments.

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

There is no anticipated fiscal impact to other persons due to these rule amendments.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing these rule amendments because these changes are not fiscal in nature.

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

After conducting a thorough analysis, it was determined that these proposed amendments will not result in a fiscal impact to small or non-small businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office 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
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@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:

12/17/2018

This rule may become effective on:

12/24/2018

Authorized by:

Diane Moore, Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

This rule change is not expected to have a fiscal impact on any parties' revenues or expenditures. It is only being amended in response to a change in Federal law; this change does impact the age upon which a youth can initially apply, and thus qualify for funds, from 23 to 26, but it does not change the dollar amount available for an individual, nor did it increase the federal funds available for this service.

 

The head of the department of Human Services, Ann Williamson, has reviewed and approved this fiscal analysis.

 

 

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 out-of-home care to make a more successful transition to 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 Public Law No. 107-133, which is incorporated by reference. 20 USC 1087kk and 20 USC 108711 (January 3, 2007) 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) Awards a bachelor's degree or not less than a two-year program that provides credit towards a degree, or

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

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

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

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

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

(f) 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 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 out-of-home care who has not yet reached [21]26 years of age, or

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

[(c)](b) An individual no longer in out-of-home care who reached 18 years of age while in out-of-home care and who has not yet reached [21]26 years of age, or

[(d)](c) An individual adopted or entered guardianship from out-of-home care after reaching 16 years of age and who has not yet attained [21]26 years of age, and

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

[(f)](e) Submits a completed application for the Education and Training Voucher Program;

[(g)](f) [Is]Has applied for or been accepted to a qualified college, university, or vocational program;

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

[(i)](h) Enrolls as a full-time or part-time student in the college, university, or vocational program; and

[(j)](i) Maintains 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 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 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 Program is denied, the applicant has the right to appeal the decision through an administrative hearing in accordance with Section 63G-4-301.

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

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

(b) The individual reaches age [21]26 years[.]; or

(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.]The individual has completed a maximum of five years in 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 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]26 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) Expected contributions from the individual's family; and

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

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

(c) In accordance with 42 USC 677, 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: out-of-home care, Transition to Adult Living

Date of Enactment or Last Substantive Amendment: [December 22, 2010]2018

Notice of Continuation: January 28, 2014

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-105; 63G-4-301; Pub. L. 115-123, Section 50753(c)