| (b) | | (i) | is five years old or older; |
| (ii) | is under 18 years old with a physical, emotional, or mental disability; or |
| (iii) | is a member of a sibling group placed together for adoption. See Utah Code 80-2-801Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.Guardian: means a person appointed by a court to make decisions regarding a minor, including the authority to consent to:| (b) | enlistment in the armed forces; |
| (c) | major medical, surgical, or psychiatric treatment; or |
| (d) | legal custody, if legal custody is not vested in another individual, agency, or institution. See Utah Code 80-1-102Monthly subsidy: means financial support to assist with the costs of adopting and caring for a child who has a special need. See Utah Code 80-2-801Nonrecurring adoption expenses: means reasonably necessary adoption fees, court costs, attorney's fees, and other expenses which are directly related to the legal adoption of a child who has a special need. See Utah Code 80-2-801State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5Supplemental adoption assistance: means financial support for extraordinary, infrequent, or uncommon documented needs not otherwise covered by a monthly subsidy, state medical assistance, or other public benefits for which a child who has a special need is eligible. See Utah Code 80-2-801 |
| (2) |
| (a) |
The division may provide adoption assistance to an adoptive family who is eligible under this section. |
| (c) |
The division shall base a determination of eligibility for the receipt of adoption assistance or supplemental adoption assistance on:
| (i) |
the needs of the child; |
| (ii) |
the resources available to the child; and |
| (iii) |
the federal requirements of Section 473, Social Security Act. |
|
| (d) |
The division:
| (i) |
may, to the extent funds are available, use state funds appropriated for adoption assistance to provide post-adoption services to a child who is adopted from the custody of the division; and |
| (ii) |
unless a parent or guardian of a child who is adopted from the custody of the division expressly requests otherwise, may not require, request, or recommend that a parent terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to receive post-adoption services for the child, regardless of whether funds for the post-adoption services come from funds appropriated for adoption assistance or post-adoption services. |
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| (3) |
| (a) |
Except as provided in Subsection (3)(c) and under the federal requirements of Social Security Act, 42 U.S.C. § 670 et seq., the division:
| (i) |
shall provide for:
| (A) |
payment of nonrecurring adoption expenses for an eligible child who has a special need; and |
| (B) |
state medical assistance when required by federal law; and |
|
| (ii) |
may provide for monthly subsidies for an eligible child who has a special need. |
|
| (b) |
| (i) |
The division shall base the level of monthly subsidy under Subsection (3)(a) on:
| (A) |
the child’s present and long-term treatment and care needs; and |
| (B) |
the family’s ability to meet the needs of the child. |
|
| (ii) |
The level of monthly subsidy under Subsection (3)(b)(i) may increase or decrease when the child’s level of need or the family’s ability to meet the child’s need changes. |
| (iii) |
The family or the division may initiate changes to the monthly subsidy. |
|
| (c) |
| (i) |
Payment of nonrecurring adoption expenses under Subsection (3)(a) may not exceed $2,000 and shall be limited to costs incurred before the day on which the adoption is finalized. |
| (ii) |
Financial support provided under Subsection (3)(a) may not exceed the maximum foster care payment that would be paid at the time the subsidy amount is initiated or revised or if the eligible child had been in a foster family home. |
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Renumbered and Amended by Chapter 334, 2022 General Session
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