DAR File No. 43358

Human Services, Child and Family Services

Rule R512-305

Out-of-Home Services, Transition to Adult Living Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 43358
Filed: 11/06/2018 04:07:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being amended in response to a change in 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 the Division of Child and Family Services to increase the age limit to access John H. Chafee Foster Care Independence Program (CHAFEE) aftercare funding from 21 to 23 years old.

Summary of the rule or change:

Youth who qualify for CHAFEE aftercare funding may now access the funds until they attain the age of 23. Prior to the change in federal law, funds were only available for eligible youth until the age of 21.

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 USC 677-John H. Chafee Foster Care Program for Successful Transition to Adulthood , published by U.S. Code Online via GPO Access, 02/09/2018

Anticipated cost or savings to:

the state budget:

The change in federal law increased the number of years a youth could qualify for CHAFEE aftercare funds, but did not increase the dollar amount available for an individual each fiscal year. The change also did not increase the amount of federal funds available for this service. These proposed rule amendments are not expected to have any fiscal impacts on state government revenues or expenditures.

local governments:

There is little or no impact to local governments due to these rule amendments.

small businesses:

There is little or no impact to small businesses due to these rule amendments.

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

There is little or no 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:

These rule amendments will not result in a fiscal impact to 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:

01/02/2019

This rule may become effective on:

01/09/2019

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

These rule changes are not expected to have any fiscal impact on any parties' revenues or expenditures. This rule is only being amended in response to a change in Federal law; these changes did increase the number of years a youth could qualify for CHAFEE aftercare funds, but did not increase the dollar amount available for an individual each fiscal year. They also did not increase the amount of 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.

R512-305. Out-of-Home Services, Transition to Adult Living Services.

R512-305-1. Purpose and Authority.

(1) The purpose of Transition to Adult Living (TAL) services is to help prepare a youth who is receiving out-of-home services in accordance with Rule R512-300 to gain skills to transition to adulthood and to provide support to youth upon leaving the Division of Child and Family Services (Child and Family Services) custody. TAL is a continuum of services that begins while youth are in care and continues [through post-discharge with the Young Adult Resource Network (YARN).]while they transition out of care. Youth receiving In-Home Services may also receive some TAL services.

(2) TAL services, which includes the Education and Training Voucher Program, are authorized by the John H. Chafee Foster Care Independence Program, 42 USC 677 ([September 2, 2015]February 9, 2018), incorporated by reference.

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

 

R512-305-2. Scope of Services.

(1) Qualification for and duration of services:

(a) TAL services are required for all youth receiving out-of-home services, age 14 years or older, until Child and Family Services custody is terminated regardless of permanency goal, as specified in Rule R512-300.

(b) [The YARN provides services] TAL provides aftercare services for youth if they are no longer in Child and Family Services custody and are not yet [21]23 years of age, and the youth:

(i) Ages out of out-of-home care, or

(ii) [While in out-of-home care, after the age of 14 years, received at least 12 consecutive months of TAL services and the court terminated reunification.]Is adopted from foster care at age 16 years or older.

(2) Service description:

(a) TAL services build on the youth's individual strengths and develop personal assets in order to help young people acquire the motivation and the means to be successful throughout their lives. The strategies are aimed at helping youth achieve five fundamental aspects of adult life, including work, career planning, and education; housing and money management; home life and daily living; self-care and health education; and communication, social relationships, family, and marriage.

(b) [YARN]Aftercare services consist[s] of time-limited support to youth. This assistance can be provided through support, financial aid, or Basic Life Skills training. It may include housing, counseling, employment education, and other appropriate support and services to complement a youth's efforts to achieve self-sufficiency.

(3) Availability:

(a) TAL services [and YARN ]are available in all geographic regions of the state.

(b) TAL services [and YARN ]are available on the same basis to Native American youth who are or were formerly in Tribal custody within the boundaries of the state.

 

R512-305-3. Transition to Adult Living Services for a Youth in Child and Family Services Custody.

(1) The caseworker, with the assistance of the youth and Child and Family Team, ensures completion of the empirically validated life skills assessment to identify the strengths and needs of the youth.

(2) Based upon the empirically validated life skills assessment, a TAL plan is developed that identifies the youth's strengths, needs, and specific services.

(3) The youth, with the assistance of the Child and Family Team, determines the TAL plan. Youth aged 14 years or older are required to have a TAL plan, with youth taking the lead in setting goals and facilitating the Child and Family Team with staff guidance. Youth 14 years and older must be given the opportunity to have at least two individuals of their own choosing as members of the Child and Family Team.

(4) TAL services do not substitute for active efforts to address the youth's permanency goal.

[(4)](5) The TAL plan includes a continuum of training and services to be completed by the youth and designated team members in such settings as at the foster home, with a therapist, at school, or through other community-based resources and programs.

[(5)](6) Basic Life Skills training shall be offered to [each youth who attains age 17 years]all foster youth age 14 years and older. The training may include training in daily living skills, budgeting, career development and financial management skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and pregnancy prevention).

[(6)](7) Each youth who completes Basic Life Skills training may receive a completion payment.

 

R512-305-4. Transition to Adult Living Placement for a Youth in Child and Family Services Custody.

(1) A TAL placement may be used as an alternative to out-of-home care when it is determined that such a placement is in the best interest of the youth. The appropriate types of living arrangements for youth in this situation include living with kin; living with former out-of-home caregivers while paying rent; living in the community with roommates; living alone; living in a group facility, YWCA, boarding house, or dorm; or living with an adult who has passed a background check or the placement was assessed and approved by the region director or designee. This recommendation will be presented to the Child and Family Team, who will work to ensure that this type of placement is appropriate and that the following Practice Guidelines are met:

(a) A TAL placement may be used as an out-of-home care placement.

(b) A youth must be at least 16 years of age to be in a TAL placement.

(c) The Child and Family Team is responsible to determine if a recommendation for a TAL placement for a youth is appropriate.

(d) The region director or designee is authorized to approve a TAL placement.

(e) The caseworker and youth shall complete a contract outlining responsibilities and expectations while in the TAL placement.

(f) The caseworker shall visit with and monitor progress of the youth at least twice monthly or at an interval determined by the Child and Family Team.

(g) The youth may receive a TAL stipend while in the TAL placement.

(h) If the TAL placement is not successful, the Child and Family Team shall meet to determine, with the youth, a more appropriate living arrangement in accordance with R512-305-4.

 

R512-305-5. Child and Family Services Responsibility to a Youth Leaving Out-of-Home Care.

(1) [The YARN]Aftercare services provide[s] support to youth who leave out-of-home care, as specified in R512-305-2.

(2) A youth may access services by contacting a Child and Family Services office and being referred to a regional TAL coordinator.

(3) Services may include additional Basic Life Skills training, information and referral, mentoring, computer access for resources, and follow-up support. Funds may also assist eligible youth in the four areas listed below:

(a) Education, Training, and Career Exploration.

(b) Physical, Mental Health, and Emotional Support.

(c) Transportation.

(d) Housing Support.

(4) Funds used for room and board are subject to federal limits.

 

KEY: social services, child welfare, out-of-home care, Transition to Adult Living

Date of Enactment or Last Substantive Amendment: [January 21, 2016]2018

Notice of Continuation: May 16, 2013

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