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38-12-33
Section 38-12-33 Kinship Guardianship Subsidy Program. There is established in the department
the Kinship Guardianship Subsidy Program. For the purposes of this article, the department
is authorized to use funds that are appropriated for child welfare services and funds provided
under the United States Social Security Act, Titles IV-B and IV-E, or under any waiver that
the department receives pursuant to those titles, or out of any funds made available to it
from other sources for the program. (Act 2010-712, p. 1744, §4.)...
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38-12-38
Section 38-12-38 Review of subsidy. If the subsidy continues for more than one year, the eligibility
for and amount of the subsidy shall be reviewed at least annually by the department as provided
by rule. The subsidy continues regardless of the state in which the kinship guardian or successor
guardian resides, or the state to which the kinship guardian or successor guardian moves,
if the kinship guardian or successor guardian continues to be responsible for the child, provided
funding is available. (Act 2010-712, p. 1744, §9; Act 2016-129, §1.)...
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38-1-3
Section 38-1-3 Legal representative for handling public assistance payments of incompetents.
If any otherwise qualified applicant for or recipient of public assistance appears to be incapable,
physically or mentally, or both, of managing his public assistance payments, and has no legal
guardian, he, his spouse, father, mother, child, brother or sister, with the consent of the
Department of Human Resources, or the Department of Human Resources may petition the probate
judge for the appointment of a legal representative to handle his public assistance payments
only. The petition shall be accompanied by a certificate in writing of a physician which certificate
shall state that the physician upon examination believes the applicant or recipient to be
physically or mentally, or both, incapable of managing his public assistance payments. The
probate judge shall conduct a hearing for the purpose of appointing a competent person as
legal representative after notice of at least 10 days in...
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26-10-25
Section 26-10-25 Subsidies - Agreements; type; amount; duration; limitation. When parents are
found and approved for adoption of a child certified as eligible for subsidy, and before the
final decree of adoption is issued, there must be a written agreement between the State Department
of Human Resources and the adopting family as to the terms and conditions of the subsidy.
Upon determination of eligibility, adoption subsidies in individual cases may commence at
any time after the adoption placement or at the appropriate time after the adoption decree,
and will vary with the needs of the child and as negotiated with the adoptive parent or parents,
and according to, as well as the availability of, other resources to meet the child's needs.
The subsidy may be for special services only, or for money payments, payment deferred, and
either for a limited period, or for a long term, or for any combination of the foregoing.
The amount of the time-limited or long-term subsidy may in no case...
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26-10-26
Section 26-10-26 Subsidies - Report; modification of subsidy; review; duration of subsidy.
(a)(1) The department may require the adoptive parent or parents to submit a report, annually
or at a time or times specified in the agreement or when the department is investigating an
allegation of improperly received benefits. The parent shall state in the report that the
child remains under their care and any change in the conditions or circumstances of the adopting
parent or the needs of the child. The subsidy agreement shall continue according to its terms,
except as provided by this article. The department may confirm the accuracy and veracity of
the report from any reliable sources of information concerning the adoptive family and child,
including any governmental or private agency that serves the area in which the child resides.
If the report or information received by the department indicates a substantial change in
the conditions that existed when the adoption subsidy agreement was...
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38-2-6
Section 38-2-6 Duties, powers, and responsibilities of state department. The aim of the state
department shall be the promotion of a unified development of welfare activities and agencies
of the state and of the local governments so that each agency and each governmental institution
shall function as an integral part of a general system. In order to carry out effectively
these aims, it shall be the duty and responsibility of the state department to: (1) Administer
or supervise all forms of public assistance including general home relief, outdoor and indoor
care for persons in need of assistance, also including those duties that have to do primarily
with the determination of need and authorization of relief. (2) Exercise all the powers, duties,
and responsibilities previously vested by law in the State Child Welfare Department. (3) Provide
services to county or municipal governments including the organization and supervision of
counties for the effective carrying out of welfare...
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26-10A-33
Section 26-10A-33 Crime to place children for adoption. Only a parent, a parent of a deceased
parent, or a relative of the degree of relationship specified in Section 26-10A-28, the Department
of Human Resources or a licensed child placing agency, or an agency approved by the Department
of Human Resources may place a minor for adoption. No person or entity other than the Department
of Human Resources or a licensed child placing agency shall engage in the business of placing
minors for adoption. Any person or entity making more than two unrelated placements of minors
for adoption within the preceding twelve-month period shall be deemed to be in the business
of placing minors for adoption. Any other person who places a minor for adoption is guilty,
upon the first conviction, of a Class A misdemeanor and upon subsequent convictions is guilty
of a Class C felony. This section does not intend to make it unlawful for any person not engaged
in the business of placing minors for adoption to...
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32-5A-285
Section 32-5A-285 Statewide bicycle safety education program; manner violations handled. It
is the legislative intent to implement an effective statewide bicycle safety education program
to reduce disability and death resulting from improper or unsafe bicycle operation. Violations
of Section 32-5A-283 shall be handled in the following manner: (1) On the first offense, the
police officer shall counsel and provide written information to the child relative to bicycle
helmet safety. The officer shall instruct the child to deliver the written information to
the parent. (2) On the second offense, the police officer shall counsel the child and provide
written information on bicycle helmet safety. A warning citation shall be issued to the child
to give to the parent. The citation shall instruct the parent or guardian to contact the police
department for further information about the law and where to obtain a bicycle helmet. (3)
Beginning on July 1, 1996, upon a third offense, the police...
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12-13-21
Section 12-13-21 Appointment of guardian for developmentally disabled person. (a) The term
"developmentally disabled" person, means a person whose impairment of general intellectual
functioning or adaptive behavior meets the following criteria: (1) It has continued since
its origination or can be expected to continue indefinitely. (2) It constitutes a substantial
burden to the impaired person's ability to perform normally in society. (3) It is attributed
to one or more of the following: a. Mental retardation, cerebral palsy, epilepsy, or autism.
b. Any other condition of a person found to be closely related to mental retardation because
it produces a similar impairment or requires treatment and services similar to those required
for a person who is mentally retarded c. Dyslexia resulting from a condition described in
subparagraph a or b. (b) Guardianship for a developmentally disabled person shall be utilized
only as is necessary to promote and protect the well being of the person,...
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26-10-22
Section 26-10-22 Definitions. As used in this article, the following words shall have the following
meanings unless the context indicates otherwise: (1) ADOPTION SUBSIDY. A money payment, services,
deferred payment, or any combination thereof that is provided to a child with special needs
or circumstances after submission of an application to the department. (2) AGENCY. The department
or a child welfare agency which is authorized in its license issued by the department to place
children for adoption. (3) APPLICATION. The submission to the department of a complete application
as defined by the department with documentation of the child's special needs. (4) CHILD. An
individual under 19 years of age, or an individual 19 or 20 years of age and eligible for
Title IV-E Federal Funding, who is: a. in the care or custody, or both, of the department,
or a public or voluntary licensed child-placing agency, b. legally free for adoption and c.
in special need or circumstances because he or she is...
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