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38-12-37
Section 38-12-37 Application. (a) Applications for the program may be submitted by a
prospective kinship guardian. A written agreement between the prospective kinship guardian
entering into the program and the department shall precede the award of a kinship guardianship.
The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective
only upon entry of an order of a court awarding kinship guardianship. The agreement shall
specify, at a minimum, the following: (1) The amount of, and manner in which, each kinship
guardianship assistance payment will be provided under the agreement, and the manner in which
the payment may be adjusted periodically, in consultation with the relative guardian, based
on the circumstances of the relative guardian and the needs of the child. (2) The additional
services and assistance that the child and relative guardian or successor guardian will be
eligible for under the agreement. (3) The procedure by which the relative...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be
dependent, the juvenile court may make any of the following orders of disposition to protect
the welfare of the child: (1) Permit the child to remain with the parent, legal guardian,
or other legal custodian of the child, subject to conditions and limitations as the juvenile
court may prescribe. (2) Place the child under protective supervision under the Department
of Human Resources. (3) Transfer legal custody to any of the following: a. The Department
of Human Resources. b. A local public or private agency, organization, or facility willing
and able to assume the education, care, and maintenance of the child and which is licensed
by the Department of Human Resources or otherwise authorized by law to receive and provide
care for the child. c. A relative or other individual who, after study by the Department of
Human Resources, is found by the juvenile court to be qualified to receive and care for the...
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38-12-32
Section 38-12-32 Definitions. As used in this article, the following terms shall have
the following meanings: (1) CAREGIVER. An individual 21 years of age or older, other than
a child's parent, legal guardian, or legal custodian who is an approved foster parent, who
is a relative of the child, and who has been providing care and support for the child while
the child has been residing in the caregiver's home for at least the last six consecutive
months while in the legal custody of the Department of Human Resources, a designated official
for a child-placing agency, or a successor guardian. (2) CHILD. An individual under 18 years
of age who is in foster care with the caregiver and over whom a court has exercised continuing
jurisdiction. (3) COURT. The juvenile court. (4) DEPARTMENT. The Department of Human Resources.
(5) KINSHIP GUARDIAN. A caregiver who is willing to assume care of a child because of parental
incapacity of a parent, legal guardian, legal custodian, or other dependency...
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12-15-301
Section 12-15-301 Definitions. For purposes of this article, the following words and
phrases shall have the following meanings: (1) ABANDONMENT. A voluntary and intentional relinquishment
of the custody of a child by a parent, or a withholding from the child, without good cause
or excuse, by the parent, of his or her presence, care, love, protection, maintenance, or
the opportunity for the display of filial affection, or the failure to claim the rights of
a parent, or failure to perform the duties of a parent. (2) AGE APPROPRIATE or DEVELOPMENTALLY
APPROPRIATE. Activities or items that are generally accepted as suitable for children of the
same chronological age or level of maturity or that are determined to be developmentally appropriate
for a child based on the development of cognitive, emotional, physical, and behavioral capacities
that are typical for an age or age group and, in the case of a specific child, activities
or items that are suitable for the child based on the...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove
barriers to education success imposed on children of military families because of frequent
moves and deployment of their parents by: A. Facilitating the timely enrollment of children
of military families and ensuring that they are not placed at a disadvantage due to difficulty
in the transfer of education records from the previous school district(s) or variations in
entrance/age requirements. B. Facilitating the student placement process through which children
of military families are not disadvantaged by variations in attendance requirements, scheduling,
sequencing, grading, course content or assessment. C. Facilitating the qualification and eligibility
for enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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38-12-34
Section 38-12-34 Subsidies - Authorized; eligibility. (a) Subject to rules adopted to
implement this article, the department may provide subsidies for an eligible child placed
in kinship guardianship by a court, or by a federally recognized Native American Indian tribe,
if the child would not be placed in a kinship guardianship without the assistance of the program.
(b) A child is an eligible child for a kinship guardianship subsidy if the department determines
the following: (1) The child has been removed from the custody of his or her parent or parents,
legal guardian, or legal custodian as a result of a judicial determination to the effect that
continuation in the custody of the parent or parents, legal guardian, or legal custodian would
be contrary to the welfare of the child. (2) The department is responsible for the placement
and care of the child. (3) Being returned home or being adopted are not appropriate permanent
options for the child. (4) Permanent placement with a kinship...
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12-15-315
Section 12-15-315 Permanency hearing for Department of Human Resources cases only. (a)
Within 12 months of the date a child is removed from the home and placed in out-of-home care,
and not less frequently than every 12 months thereafter during the continuation of the child
in out-of-home care, the juvenile court shall hold a permanency hearing. The Department of
Human Resources shall present to the juvenile court at the hearing a permanent plan for the
child. The juvenile court shall consult with the child, in an age-appropriate manner, regarding
the permanency plan and any transition plan to independent living. If a permanent plan is
not presented to the juvenile court at this hearing, there shall be a rebuttable presumption
that the child should be returned home. This provision is intended to ensure that a permanent
plan is prepared by the Department of Human Resources and presented to the juvenile court
within 12 months of the placement of any child in foster care and no less...
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38-12-2
Section 38-12-2 Program established. (a) There is established a Kinship Foster Care
Program in the State Department of Human Resources. (b) When a child has been removed from
his or her home and is in the care, custody, or guardianship of the department, the department
shall attempt to place the child with a relative for kinship foster care. If the relative
is approved by the department to provide foster care services, in accordance with rules and
regulations adopted by the department regarding foster care services, and a placement with
the relative is made, the relative may receive payment for the full foster care rate only
as provided by federal law for the care of the child and any other benefits that might be
available to foster parents, whether in money or in services. Foster care payments shall cease
upon the effective date of the kinship subsidiary payments or as provided by the department.
(c) The department shall establish standards for becoming a kinship foster parent as...
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38-12-35
Section 38-12-35 Subsidies - Amount. The amount of a kinship guardianship subsidy shall
be determined according to this section and as provided by rules of the department.
The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care
maintenance board payment for the child if the child were to remain in the care or custody
of the department, without regard to the sources of the funds. No foster care maintenance
board payment and kinship subsidy payment shall be paid for the same child for the same period
of time. The kinship guardianship subsidy may only be provided for an eligible child. Subject
to rules adopted by the department, the subsidy may include up to the federally established
amount for nonrecurring expenses, including attorney's fees, incurred by the kinship guardian
or successor guardian to complete the kinship guardianship or successor guardianship in court.
Subsidy payments are subject to the availability of funds and the allocation of...
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38-12-31
Section 38-12-31 Legislative findings. The Legislature finds and declares the following:
(1) There exists in this state a number of children who cannot reside with their parents,
legal guardians, or legal custodians because of such parents', legal guardians', or custodians'
incapacity or inability to perform the regular and expected functions of care and support
of the children and family care and who thereby come to the attention of juvenile court and
into the care and custody of the Department of Human Resources. (2) An increasing number of
relatives, including grandparents, find themselves wanting to provide care to related foster
children on a long-term basis to prevent the children from remaining in foster care with unrelated
caregivers yet these relatives are either unable or unwilling to seek termination of the legal
relationships between the parent and the child, particularly when it is the caregiver's own
child or sibling who is the parent. (3) It is in the public interest to...
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