H.B. 178

1

FOSTER CARE CITIZEN REVIEW BOARD
2 AMENDMENTS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Nora B. Stephens
6 AN ACT RELATING TO THE JUDICIAL CODE, REGARDING ABUSE, NEGLECT, AND
7 DEPENDENCY PROCEEDINGS; MAKING PILOT PROJECT REGARDING FOSTER
8 CARE CITIZEN REVIEW BOARDS PERMANENT AND STATEWIDE;
9 REESTABLISHING THE RESPONSIBILITIES OF THOSE BOARDS AND OF THE
10 STEERING COMMITTEE; GRANTING RULEMAKING AUTHORITY; AND PROVIDING
11 AN EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 78-3a-313, as enacted by Chapter 260, Laws of Utah 1994
15 78-3g-101, as last amended by Chapter 318, Laws of Utah 1996
16 78-3g-102, as last amended by Chapter 355, Laws of Utah 1995
17 ENACTS:
18 78-3g-104, Utah Code Annotated 1953
19 REPEALS AND REENACTS:
20 78-3g-103, as last amended by Chapter 355, Laws of Utah 1995
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 78-3a-313 is amended to read:
23 78-3a-313. Periodic review hearings -- Foster care citizen review boards.
24 [Following the dispositional review hearing, periodic] Periodic review hearings shall be
25 held by the court or by a [court-approved administrative body within the Division of Family
26 Services] foster care citizen review board, as provided in Chapter 3g, at least every six months, in
27 accordance with federal law.

1 Section 2. Section 78-3g-101 is amended to read:
2 78-3g-101. Definitions.
3 As used in this chapter:
4 [(3)] (1) "[Panel] Board" means a foster care citizen review [Panel] board created in
5 accordance with Section 78-3g-103.
6 [(1)] (2) "Committee" means the Foster Care Citizen Review [Panel Pilot Project] Board
7 Steering Committee created in [this section] accordance with Section 78-3g-102.
8 [(2)] (3) "Division" means the Division of Child and Family Services within the
9 Department of Human Services.
10 (4) "Plan" [or "plans"] means the same as that term is defined in Subsection 78-3a-403(3).
11 Section 3. Section 78-3g-102 is amended to read:
12 78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
13 -- Chair -- Equipment and staff.
14 (1) There is created within state government the Foster Care Citizen Review [Panel Pilot
15 Project] Board Steering Committee composed of the following members:
16 [(a) a member of the Legislature appointed by the president of the Senate and the speaker
17 of the House of Representatives;]
18 [(b)] (a) a member of the Board of Child and Family Services, within the Department of
19 Human Services, appointed by the chair of that board;
20 [(c)] (b) the director of the division, or his designee;
21 [(d)] (c) a juvenile court judge, appointed by the presiding officer of the Judicial Council;
22 [(e)] (d) a juvenile court administrator, appointed by the administrator of the courts;
23 [(f)] (e) a representative of the Utah Foster Parents Association, appointed by the president
24 of that organization;
25 [(g)] (f) a representative of a statewide advocacy organization for children, appointed by
26 the chair of the committee;
27 [(h)] (g) a representative of an agency or organization that provides services to children
28 who [are] have been adjudicated to be under the jurisdiction of the juvenile court, appointed by
29 the chair of the committee;
30 [(i) a] (h) the guardian ad litem[, appointed by the chair of the committee] director,
31 appointed pursuant to Section 78-3a-911, or the director's designee;

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1 (i) the director or chief of the child protection unit within the Office of the Attorney
2 General, or his designee;
3 (j) one person from each region who is a member of a [citizen review panel] board,
4 appointed by the chair of the committee; and
5 (k) a private citizen, appointed by the chair of the committee.
6 (2) The persons described in Subsection (1) shall annually elect a chair of the committee
7 from among themselves.
8 (3) [Six] A majority of the members of the committee [constitute] constitutes a quorum.
9 The action of the majority of a quorum represents the action of the committee.
10 (4) (a) Members of the committee who are not government employees shall receive no
11 compensation or benefits for their services, but may receive per diem and expenses incurred in the
12 performance of the member's official duties at the rates established by the Division of Finance
13 under Sections 63A-3-106 and 63A-3-107.
14 (b) State government officer and employee members who do not receive salary, per diem,
15 or expenses from their agency for their service may receive per diem and expenses incurred in the
16 performance of their official duties from the board at the rates established by the Division of
17 Finance under Sections 63A-3-106 and 63A-3-107.
18 (c) Local government members who do not receive salary, per diem, or expenses from the
19 entity that they represent for their service may receive per diem and expenses incurred in the
20 performance of their official duties at the rates established by the Division of Finance under
21 Sections 63A-3-106 and 63A-3-107.
22 (d) Members of the committee may decline to receive per diem and expenses for their
23 services.
24 [(4)] (5) The committee shall:
25 (a) appoint members of [panels] boards in [the] each juvenile court [districts and locations
26 chosen by the committee] district;
27 (b) supervise the recruitment, training, and retention of [panel] board members;
28 [(c) develop methods for assigning plans to panels boards for review, including the
29 methodology to be followed in randomly assigning plans;]
30 [(d)] (c) supervise [the evaluation of the pilot project] and evaluate the boards;
31 [(e)] (d) establish and approve [the] policies for [citizen review panels] the boards; and

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1 [(f)] (e) submit a report [on] detailing the results of the [pilot project] boards to the
2 Legislative Human Services and Judiciary Interim Committees and the Board of Juvenile Court
3 Judges, on or before December 31[, 1998] of each year.
4 [(5)] (6) (a) The [division] department shall provide [the following assistance to the
5 committee: (i) office and conference space; (ii) equipment and telephones; and (iii)] fiscal
6 management services, including payroll and accounting services, to the committee.
7 (b) Within appropriations from the Legislature, the committee may hire professional and
8 clerical staff as it considers necessary and appropriate.
9 [(6) The Legislative Auditor General shall conduct a sunset review of the Citizen Review
10 Panel Pilot Project and shall report the results of that review to the Legislative Human Services
11 and Judiciary Interim Committees before November 30, 1996.]
12 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
13 committee may make rules necessary for:
14 (a) recruitment, appointment, and training of board members;
15 (b) supervision and evaluation of boards; and
16 (c) establishment of policy for boards.
17 (8) The committee may receive gifts, grants, devises, and donations. If the donor
18 designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used solely
19 for the designated purpose.
20 Section 4. Section 78-3g-103 is repealed and reenacted to read:
21 78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
22 Periodic Reviews.
23 (1) Foster care citizen review boards shall be established in each juvenile court district in
24 the state.
25 (2) (a) The committee shall appoint seven members to each board. Five of those members
26 shall be parents.
27 (b) Five members of a board constitute a quorum, and an action of a majority of the
28 quorum constitutes the action of the board.
29 (c) A board member may not be an employee of the division or the juvenile court.
30 (d) Board members are to be representative of the ethnic, cultural, religious,
31 socio-economic, and professional diversity found in the community.

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1 (e) A board may elect its own chair, vice chair, and other officers as it considers
2 appropriate.
3 (f) The division may designate a representative to provide technical advice to the board
4 regarding division policy and procedure.
5 (3) (a) With regard to each child in its custody who has not achieved permanency, the
6 division shall submit plans and case files to the appropriate boards for their review. Either a board
7 or the court shall periodically review each of those cases no less frequently than once every six
8 months, in accordance with the provisions of Section 78-3a-313 and 42 U.S.C. Section 675. In
9 cases where the court has conducted review hearings, a foster care citizen review board hearing
10 shall also be conducted within 12 months from the date of the child's removal from his home.
11 (b) Boards may review additional abuse, neglect, or dependency cases and plans at the
12 request of the court.
13 (4) A board's review and report regarding a child's case and plan shall be consistent with
14 the provisions of Title 62A, Chapter 4a, Family Services, and Title 78, Chapter 3a, Part 3, Abuse,
15 Neglect, and Dependency Proceeding, and shall include at least the following considerations:
16 (a) the extent to which the plan's objectives have been implemented or accomplished by
17 the parent, the child, and the division;
18 (b) whether revisions to the plan are needed, and if so, how the plan should be revised;
19 (c) the extent to which the division has provided the services and interventions described
20 in the plan, and whether those services and interventions are assisting, or will assist, the parent and
21 child to achieve the plan's objectives within the statutory time limitations;
22 (d) the extent to which the parent and child have willingly and actively participated in the
23 interventions described in the plan;
24 (e) the continuing necessity for and appropriateness of the child's placement;
25 (f) the extent of progress that has been made toward alleviating or mitigating the causes
26 necessitating the child's removal or continued placement;
27 (g) a recommended permanency plan for the child and, if one has been established, an
28 opinion regarding the appropriateness of that permanency plan; and
29 (h) a determination regarding whether the statutory time limitations described in Title 78,
30 Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification
31 services required by Section 78-3a-311 has been complied with. The board shall also render an

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1 opinion regarding when it estimates that the child will achieve permanency.
2 (5) (a) Each board shall report its findings and recommendations to the court and to the
3 division within 30 days after a case is reviewed by the board.
4 (b) The board's report and recommendation shall be filed with the court, and shall be made
5 a part of the court's case file. The report and recommendation shall be presented to the appropriate
6 judge and, within the parameters of the Rules of Evidence, shall be considered by the judge in the
7 child's abuse, neglect, or dependency proceedings.
8 (6) Members of boards shall receive no financial compensation or benefits for their
9 services. Members may not receive per diem or expenses for their service, except that:
10 (a) members may be reimbursed for mileage on days that they are involved in training, at
11 rates established by the Division of Finance; and
12 (b) members may be provided with a meal on days that they serve on a board.
13 (7) Boards are authorized to receive funds from public and private grants and donations.
14 Section 5. Section 78-3g-104 is enacted to read:
15 78-3g-104. Foster Care Citizen Review Board Steering Committee Restricted
16 Account.
17 (1) There is created in the General Fund a restricted account known as the "Foster Care
18 Citizen Review Board Steering Committee Account."
19 (2) The account shall be funded from undesignated gifts, grants, devises, or donations to
20 the committee, pursuant to Subsection 78-3g-102(8).
21 (3) The account shall be used to pay necessary expenses of the committee and of boards,
22 as described in Sections 78-3g-102 and 78-3g-103.
23 Section 6. Effective date.
24 This act takes effect on April 1, 1997.




Legislative Review Note
as of 11-21-96 12:31 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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Committee Note

The Judiciary Interim Committee recommended this bill.

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