R512-43-2. Definitions

  In addition to terms defined in Section 62A-4a-902, the following terms are defined for purposes of this rule:

  (1) Initiation of adoption proceedings means (a) the date an Intent to Adopt a Specific Child is signed with Child and Family Services, or (b) the adoption finalization court date.

  (2) Child in public foster care means a judicially removed child whose placement resulting in adoption was immediately preceded by protective, temporary, or legal custody with a State IV-E agency, or a child who was placed with a State IV-E agency through a Voluntary Placement Agreement, or the child of a minor parent in foster care.

  (3) A child or youth who was taken into protective custody and, as a result of the protective episode, was placed with a relative who was given legal custody meets the definition of a child in public foster care, even if Child and Family Services no longer has an open case at the time adoption proceedings are initiated, as long as the child continues to reside with and is being adopted by the relative granted custody by the court as a result of the protective custody episode.

  (4) A child or youth who was taken into protective custody and placed with a relative and the court orders Child and Family Services to continue to provide Protective Supervision Services for the family in making safety and permanency decisions for the child, including placement decisions and permanency goals, the child is eligible for adoption assistance if the child's permanency goal becomes adoption, if all other criteria in R512-43-3(1-4) are met.

  (a) This may include a change in placement to another relative while the Protective Supervision Services continue to be court ordered.

  (5) State IV-E agency means Child and Family Services or a public agency or tribal organization with whom Child and Family Services has an agreement in effect for foster care maintenance payments in accordance with Title IV-E, Section 42 USC 672.

  (6) AFDC means the Aid to Families with Dependent Children program that was in effect on July 16, 1996.

  (7) Child with a previous IV-E agreement means a child who was Title IV-E eligible in a previous adoption with a fully executed adoption assistance agreement originating in any state, and the previous adoption was legally dissolved or ended due to the death of both of the adoptive parents.