Title 35A, Title 35A: Utah Workforce Services Code

35A-3-104. Contracts for administration and provision of public assistance. The department may contract with other public or private agencies to assist in the administration and provision of public assistance.

35A-3-105. Determination of eligibility and responsibility -- Information from State Tax Commission. (1) Except as prohibited by federal law, the department may have access to relevant information contained in the income tax returns of an applicant, a recipient, or a person who h…

35A-3-106. Residency requirements. (1) An applicant is only eligible for public assistance under this chapter if the applicant is living in Utah voluntarily with the intention of making the state the applicant's place of residence. (2) An applicant is not eligible for public assi…

35A-3-108. Assignment of support. (1) An applicant shall provide an assignment of support to the department regardless of whether the payment is court ordered. Upon the receipt of public assistance, any right of the recipient to receive support from another person passes to the s…

35A-3-109. Assistance provided to guardian or other caretaker -- Periodic review. (1) At the discretion of the department, the department may pay the public assistance to the legal guardian of a recipient. (2) The department may only provide cash assistance on behalf of an eligib…

35A-3-110. Third party obligation -- Interest. (1) If the department expends public assistance on behalf of a recipient for services or supplies, for which another person is obligated to reimburse the department, the department shall notify the person of the obligation to make th…

35A-3-111. Collection of overpayments. (1) The department shall recover overpayments as described in Section. 35A-3-603 (2) An excess property lien that is required by a department program, but is not transferred to the federal government, remains a condition of eligibility in pu…

35A-3-112. Assistance not assignable -- Exemption from execution, garnishment, bankruptcy, or insolvency proceedings. (1) Public assistance provided under this chapter is not assignable at law or in equity. (2) None of the money paid or payable under this chapter is subject to: e…

35A-3-113. Prohibition of charges or fees for representing applicants or recipients. Except for criminal proceedings, a person may not charge or receive a fee for representing an applicant or recipient in a proceeding under this chapter, or with respect to an application, in an a…

35A-3-118. Self-reliance training. (1) If the department determines that it is not prohibited under federal law or regulation, a client who is at least 21 years old, but who is younger than 65 years old, and who is receiving public assistance under this chapter, shall complete at…

35A-3-201. Definitions. As used in this part: (1) "Child care" means the child care services defined in Sectionfor: 35A-3-102 children age 12 or younger; and children with disabilities age 18 or younger. (2) "Child care provider association" means an association: that has functio…

35A-3-202. Creation. (1) There is created within the Department of Workforce Services an Office of Child Care. (2) The office shall be administered by a director who shall be appointed by the executive director and who may be removed from that position at the will of the executiv…

35A-3-203. Functions and duties of office -- Annual report. The office shall: (1) assess critical child care needs throughout the state on an ongoing basis and focus its activities on helping to meet the most critical needs; (2) provide child care subsidy services for income-elig…

35A-3-204. Duties of director. The director shall: (1) enforce rules made by the department regulating the use of services provided by the office; (2) supervise office staff and prepare an annual work plan; and (3) apply for, accept, and expend donations from public or private so…

35A-3-207. Community-based prevention programs. (1) As used in this section: "political subdivision" means a town, city, county, or school district; "qualified sponsor" means a: political subdivision; community nonprofit, religious, or charitable organization; regional or statewi…

35A-3-209. Award of child care subsidy services. (1) As used in this section, "child care provider" means an entity that holds a license or certificate from the Department of Health and Human Services in accordance with Title 26B, Chapter 2, Part 4, Child Care Licensing. (2) On o…

35A-3-301. Purpose -- Legislative findings. (1) The Legislature finds that: employment improves the quality of life for parents, children, and individuals by increasing family income, developing job skills, and improving self-esteem; and the purpose of the cash assistance provide…

35A-3-302. Eligibility requirements. (1) There is created the "Family Employment Program" to provide cash assistance under this part. (2) The department shall submit a state plan to the Secretary of the United States Department of Health and Human Services to obtain funding under…

35A-3-303. Diversion. (1) When an applicant applies for cash assistance under this part, the department shall assess whether the applicant should be helped by: diversion to avoid extended cash assistance; or normal cash assistance under this part. In completing the assessment und…

35A-3-304. Assessment -- Participation requirements and limitations -- Employment plan -- Mentors. (1) Within 30 business days of the date of enrollment, the department shall provide that a parent recipient: is assigned an employment counselor; and completes an assessment provide…

35A-3-304.5. Drug testing requirements. (1) If the results of the written questionnaire described in Subsectionindicate a reasonable likelihood that a parent recipient may have a substance use disorder involving the misuse of a controlled substance, the department shall require t…

35A-3-306. Limits on eligibility -- Transitional cash assistance. (1) As used in this section, "battered or subjected to extreme cruelty" has the same meaning as defined in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. Sec. 608(a)(7)(C)(ii…

35A-3-307. Cash assistance to a single minor parent. (1) The department may provide cash assistance to a single minor parent in accordance with this section. (2) A single minor parent who receives cash assistance under this part shall: except as provided under Subsection (3), res…

35A-3-308. Adoption services -- Printed information -- Supports provided. (1) The department may provide assistance under this section to an applicant who is pregnant and is not receiving cash assistance at the beginning of the third trimester of pregnancy. (2) For a pregnant app…

35A-3-309. Information regarding home ownership. (1) The department shall provide information and service coordination to assist an applicant in obtaining affordable housing. (2) The information and services may include: information from the Utah Housing Corporation, the Division…

35A-3-310. Child care services -- Rules. (1) An applicant may receive assistance for child care under this part for a minor child in the care and custody of the parent recipient, unless the other parent in a two-parent family: is capable of caring for the family's child; is not e…

35A-3-310.5. Child care providers -- Criminal background checks -- Payment of costs -- Prohibitions -- Department rules. (1) This section applies to a child care provider who: is selected by a recipient of a child care assistance payment; or is a recipient of a child care assista…

35A-3-311. Cash assistance to noncitizen legal residents and drug dependent persons. (1) If barred from using federal funds under federal law, the department may provide cash assistance to a legal resident who is not a citizen of the United States using funds appropriated from th…

35A-3-312. Individual development accounts. (1) As used in this section: "Individual development account" means a trust account funded through periodic contributions by a recipient and matched by or through a not-for-profit organization organized under Section 501(c)(3) or (19), …

35A-3-313. Performance goals. (1) The department shall establish a performance monitoring system for cash assistance provided under this part. (2) The department shall establish the performance indicators and performance goals that will be used in the performance monitoring syste…

35A-3-401. General Assistance. (1) The department may provide General Assistance to individuals who are: not receiving cash assistance under, or Supplemental Security Income; and Part 3, Family Employment Program unemployable according to standards established by the department. …

35A-3-402. Calculation of General Assistance grants. The department shall provide grants for General Assistance under Sectionon an ongoing basis for individuals who are unemployable: (1) within amounts appropriated by the Legislature; and (2) calculated in a manner substantially …

35A-3-501. Title. This part is known as the "Social Capital Formation Act."

35A-3-502. Definitions of social capital. (1) As used in this part, "social capital" means the value provided to the state by a civic organization, including values, cooperation, strength to families and neighborhoods, and ensuring livable communities and nurturing environments. …

35A-3-503. Purpose -- Limitations. (1) Using social capital, an applicant for services under this chapter may receive a wide array of services that cannot be provided by state government alone. (2) The Legislature recognizes: the constitutional limits of state government to susta…

35A-3-504. Relationship of civic and state services. (1) Services and supports provided by a civic organization under this part are in addition to, and not in lieu of, any service provided by the department to a recipient. Receipt of services from a civic organization may not dim…

35A-3-505. Application -- Referral to civic organizations. (1) The department: shall assess whether an applicant is receptive to and would benefit from a service provided by a civic organization; and may inform the applicant of the availability of services provided by civic organ…

35A-3-506. Diversion payment -- Referral to civic organizations. If a recipient receives a diversion payment under Section, the department: (1) shall assess whether the recipient is receptive to and would benefit from services from a civic organization; and (2) may inform the rec…

35A-3-507. Request for proposals from civic organizations -- Contract requirements. (1) The director or the director's designee may issue a request for proposals to civic organizations for the purpose of contracting with the department for the provision of social capital. In acco…

35A-3-508. Inventory of civic organizations. (1) The department, in cooperation with the coalition described in Section, shall complete a statewide inventory of interested civic organizations, which inventory shall include for each participating civic organization: 35A-3-510 a de…

35A-3-510. Coalition of civic and other organizations. (1) The director shall convene a coalition of civic organizations, representatives of the department, representatives of state and local agencies, advocacy organizations, public officials, community leaders, members of the Le…

35A-3-601. Title. This part is known as the "Administrative Determination of Overpayments Act."

35A-3-603. Civil liability for overpayment. (1) A provider, recipient, or other person who receives an overpayment shall, regardless of fault, return the overpayment or repay its value to the department immediately: upon receiving written notice of the overpayment from the depart…

35A-3-604. Obligor presumed to have notice of department's rights -- Authority to administer oaths, issue subpoenas, and compel witnesses and production of documents -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative procedures. (1) An obl…

35A-3-605. Issuance or modification of administrative order -- Voluntary acknowledgment of overpayment -- Court orders supersede administrative orders -- Notification requirement. (1) Through an adjudicative proceeding, the department may issue or modify an administrative order t…

35A-3-606. Docketing abstract of final administrative order -- Real property and personal property liens -- Effect of order -- Execution. (1) An abstract of a final administrative order may be docketed in the district court of any county in the state. The time of receipt of the a…