No. 35181 (New Rule): Rule R512-44. Choose Life Adoption Support Restricted Account

(New Rule)

DAR File No.: 35181
Filed: 08/24/2011 09:31:35 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule is necessary to bring the Division of Child and Family Services into compliance with H.B. 337, passed during the 2011 General Session.

Summary of the rule or change:

This rule establishes 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.

State statutory or constitutional authorization for this rule:
- Section 41-1a-418
- Section 41-1a-422
- Section 62A-4a-311
- Section 41-1a-419
- Section 63J-1-504
- Section 62A-4a-102
- Section 63J-1-602.4
- Section 62A-4a-608
Anticipated cost or savings to:

the state budget:

This rule implements statute, mandating oversight and implementation of the Choose Life Adoption Support Restricted Account. Funding for this account is provided through a restricted account. The amount of funding is unknown at this time. This rule designates responsibilities for a program administrator. Costs for new duties for the program administrator will be absorbed in the existing state budget for the adoption program administrator position.

local governments:

The Choose Life Adoption Support Restricted Account is only available to private, non-profit organizations. Local government will have no role or costs associated with implementing this rule.

small businesses:

The Choose Life Adoption Support Restricted Account is only available to private, non-profit organizations, which typically are small businesses. Successful bidders for this funding will be required to provide dollar for dollar match for the funding, half of which can be in-kind. The amount of the financial impact is unknown at this time because the amount of funding is not yet known. This rule will not affect any small businesses other than those that may be awarded contracts through a Request for Proposal process.

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

The Choose Life Adoption Support Restricted Account will not have a fiscal impact on persons. Funding will only be awarded to a private, non-profit agency. Persons who may participate in programs operated by agencies receiving these funds will not incur a cost.

Compliance costs for affected persons:

Individual persons are not directly affected by this rule; therefore there are no compliance costs.

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

The Choose Life Adoption Support Restricted Account does not have a fiscal impact on businesses in general. Private, non-profit organizations that successfully bid for a contract with this funding will be required to meet statutory match requirements.

Palmer DePaulis, 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 Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

Brent Platt, Director
RULE TEXT

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.

R512-44-2. Definitions.

(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.

R512-44-3. Scope.

(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.

R512-44-8. Research.

(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.

R512-44-9. Evaluation.

(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: 2011

Authorizing, 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