Utah Administrative Code
Topic - Human Services
Title R512 - Child and Family Services
Rule R512-43 - Adoption Assistance
Section R512-43-12 - Fair Hearings
Universal Citation: UT Admin Code R 512-43-12
Current through Bulletin 2024-06, March 15, 2024
(1) The adoptive family may submit a written request for a fair hearing to the Department of Health and Human Services, Finance and Administration within ten working days after receiving a Child and Family Services decision if:
(a) the adoption assistance application is
denied;
(b) the adoption assistance
application is not acted upon with reasonable promptness;
(c) adoption assistance or supplemental
adoption assistance is reduced, suspended, terminated, or changed without the
concurrence of the adoptive parents;
(d) the amount of adoption assistance or
supplemental adoption assistance approved was less than the amount requested by
adoptive parents; or
(e) adoption
assistance was not requested before finalization of the adoption and one of the
criteria in Section R512-43-5 applies.
(2) The fair hearing officer may approve appropriate state or federal adoption assistance for post finalization requests if one of the following is met:
(a)
relevant facts regarding the child, the biological family, or child's
background were known but not presented to adoptive parents before
finalization;
(b) a denial of
assistance was based upon a means test of the adoptive family;
(c) an erroneous state determination was
utilized to find a child ineligible for assistance; or
(d) the state or adoption agency failed to
advise adoptive parents of the availability of assistance.
(3) The adoptive parents bear the burden of documenting that the child meets the definition of a child with a special need and that one of the criteria in Section R512-43-5 applies. The state may provide corroborating facts to the family or the fair hearing officer.
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