R512-1-6. Out-of-Home Care Services

  (1) The following definitions apply to this section:

  (a) "Cohabiting" means residing with another person and being involved in a sexual relationship.

  (b) "Involved in a sexual relationship" means any sexual activity and conduct between persons.

  (c) "Residing" means living in the same household on an uninterrupted or an intermittent basis.

  (2) Foster care and group care. Child placement services may be provided when parents are unable to meet their children's needs within the family. Child and Family Services has authority to place a child when the state has been granted custody through a court order, or when a voluntary agreement has been signed by the parents, or when the child is from another state and is covered by the ICPC. The intent of foster care or group care is to insure a permanent home for each child. This may be achieved through a return to the home, or through adoption, guardianship, or individualized permanency services. A permanency plan for each foster child, defining the goal and steps to be taken to achieve permanency, shall be formulated. Periodic reviews shall be held at least once every six months to assess progress achieved within the permanency plan, and to project a likely date for returning the child to the family home or to another permanent home arrangement. A dispositional hearing shall be held every 12 months from the date of placement to determine the future status of the child. Foster care shall be provided in licensed family homes. Legally married couples and individuals who are not cohabiting and are blood relatives of the child in the custody of Child and Family Services may be foster parents. Group care shall be provided in licensed facilities which offer a more structured treatment environment than a family home. Foster homes are licensed in accordance with Rule R501-12. Residential Treatment Programs, also known as group homes, are licensed in accordance with Rule R501-19.

  (a) Access. Referrals can be made from Child Protective Services or from Juvenile Court and other agencies. Parents can request placement services by contacting the local Child and Family Services office. Referrals for foster care or group care may be screened to determine whether placement is the best option. In most cases, services that are intended to prevent placement must first be provided, before foster care or group care will be considered by Child and Family Services.

  (b) Eligibility. Temporary child custody must be given to the state by court order, or by voluntary agreement, and most parents shall be obligated to pay support while their child is in foster care. Youth can be served in foster care or group care until age 18 years, or until age 21 years when ordered by the court.

  (3) Transition to Adult Living. Services may be given to older teenage foster children to teach self-sufficiency skills in order to increase their ability to be self-reliant in the future. Some who do not return to living with their parents upon leaving foster care will be allowed to live on their own. All foster children age 14 years and older shall be required to be working toward at least one objective in developing independent living skills in their permanency plans.

  (a) Access. Access shall be given only by a referral from the foster care caseworker.

  (b) Eligibility. Foster children who are at least 14 years old and who are in the custody of the state shall be eligible.

  (4) Adoption. This service provides adoptive homes for children in custody of the state who are legally available because the birth parents have been permanently deprived of parental rights by court action, or who have voluntarily relinquished their children for adoption.

  (a) The choice of an adoptive home is based on the best interests of the child.

  (b) Adults who are residents of Utah who wish to adopt a child in Utah State custody may apply to the Utah Foster Care Foundation for consideration.

  (c) Adults who are residents of other states who wish to adopt a child in Utah State custody must meet the standards to adopt a child in their state custody as well as to comply with ICPC requirements.

  (d) Children whose special needs make it more difficult to find appropriate adoptive homes may be eligible for adoption assistance, which may include Medicaid and a monthly subsidy payment based on federal qualifying factors.

  (e) To be eligible, the child must be in custody of the state and be legally freed for adoption, and the court must determine that adoption is the best permanency option for the child. Persons approved to be adoptive parents must meet certain standards before approval based on Rule R512-41. Authorization of adoption assistance for children with special needs shall be determined by Child and Family Services based on federal law.

  (5) Provider Services. Persons applying to be foster care or emergency care parents shall be given information and a home study will be completed. For those approved as meeting program standards, basic training will be provided, as well as any additional training that may be required for some types of care. Annual reapproval is required.

  (a) Access. Persons interested in becoming foster parents or who wish to provide emergency care, such as crisis placements, may apply at the Utah Foster Care Foundation.

  (b) Eligibility. Any adult may apply for consideration. Persons approved to be providers must meet certain standards before approval is granted.