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H.B. 100
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6 AN ACT RELATING TO STATE AFFAIRS IN GENERAL; ADDING TWO PARENTS AND
7 A REPRESENTATIVE OF COMMUNITY-BASED SERVICE ORGANIZATIONS TO THE
8 STATE COUNCIL; CLARIFYING THE ROLE OF COMMUNITY-BASED SERVICE
9 ORGANIZATIONS IN THE FACT PROGRAM; REQUIRING THE STATE COUNCIL TO
10 REVIEW AND MAKE RECOMMENDATIONS REGARDING THE STEERING COMMITTEE;
11 AND MAKING TECHNICAL AND CONFORMING AMENDMENTS.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 63-75-2, as last amended by Chapter 27, Laws of Utah 1997
15 63-75-3, as last amended by Chapter 136, Laws of Utah 1996
16 63-75-4, as last amended by Chapter 27, Laws of Utah 1997
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 63-75-2 is amended to read:
19 63-75-2. Purpose of chapter.
20 (1) It is declared that the policy of the state is to unite the Department of Human Services,
21 the State Office of Education, the Department of Health, the Office of the Court Administrator,
22 and the Department of Workforce Services, community-based service organizations, and parents
23 to develop and implement comprehensive systems of services and supports for children and youth
24 at risk and their families.
25 (2) It is the intent of the Legislature that service delivery systems developed under this
26 chapter shall require collaboration between existing state and local agencies and between public,
27 private, and voluntary agencies to enhance their capacity to meet community needs.
28 Section 2. Section 63-75-3 is amended to read:
29 63-75-3. Definitions.
30 As used in this chapter:
31 (1) "Children and youth at risk" means:
32 (a) all persons from birth to age 18;
33 (b) disabled persons age 18 to 22; or
34 (c) persons in the custody of the Division of Youth Corrections within the Department of
35 Human Services age 18 to 21; and
36 (d) persons who may at times require appropriate and uniquely designed intervention to:
37 (i) achieve literacy;
38 (ii) advance through the schools;
39 (iii) achieve commensurate with their ability; and
40 (iv) participate in society in a meaningful way as competent, productive, caring, and
41 responsible citizens.
42 (2) "Council" means the Families, Agencies, and Communities Together Council
43 established under Section 63-75-4 .
44 (3) "Local interagency council" means a council established under Section 63-75-5.7 .
45 (4) "Steering committee" means the Families, Agencies, and Communities Together
46 Steering Committee established under Section 63-75-5 .
47 (5) (a) "Child and family centered service delivery system" means services provided to
48 children and youth at risk and their families that may be delivered by teams and within a
49 supportive community environment.
50 (b) "Community" includes, when available, parents of children and youth at risk; directors
51 of geographical service delivery areas designated by state agencies; local government elected
52 officials; appointed county officials who are responsible for providing substance abuse, mental
53 health, or public health services; educators; school districts; parent-teacher organizations; child and
54 family advocacy groups; religious and community-based service organizations; individuals; and
55 private sector entities who come together to develop, adopt, and administer a plan for a
56 collaborative service delivery system for children and youth at risk.
57 (c) "Community resources" means time, money, services, and other contributions provided
58 by individuals, private sector entities, religious organizations, community-based service
59 organizations, school districts, municipal governments, and county governments.
60 (d) "Individualized and coordinated service plan" means a plan for services and supports
61 that is comprehensive in its scope, is the product of a collaborative process between public and
62 private service providers, and is specifically tailored to the unique needs of each child or youth
63 served under this chapter.
64 (e) "Performance monitoring system" means a process to regularly collect and analyze
65 performance information including performance indicators and performance goals:
66 (i) "performance indicators" means actual performance information regarding a program
67 or activity; and
68 (ii) "performance goals" means a target level of performance or an expected level of
69 performance against which actual performance is measured.
70 (f) "Plan for a collaborative service delivery system," "plan," or "plans" means a written
71 document describing how a community proposes to deliver services and supports to children and
72 youth at risk that effectively bring to bear all needed resources, including community resources,
73 to enable them to achieve the outcomes described in Subsections 63-75-3 (1)(a) through (d).
74 Section 3. Section 63-75-4 is amended to read:
75 63-75-4. Families, Agencies, and Communities Together State Council --
76 Composition -- Duties -- Interagency case management team.
77 (1) (a) There is created within state government the Families, Agencies, and Communities
78 Together State Council composed of:
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84 (b) The council members listed in Subsection (1)(a) shall appoint to a four-year term the
85 following nonvoting members:
86 (i) a representative of community-based service organizations appointed to a four-year
87 term;
88 (ii) a parent representative from a rural community; and
89 (iii) a parent representative from an urban community.
90 (c) If a vacancy occurs with respect to a council member appointed under Subsection
91 (1)(b), council members listed in Subsection (1)(a) shall appoint a replacement for the unexpired
92 term.
93 (d) Appointments and reappointments under Subsection (1)(b) and (c) shall be made
94 within 60 days of a vacancy.
95 (2) (a) The council shall annually elect a chair from its membership.
96 (b) All voting members of the council are necessary to constitute a quorum at any meeting.
97 (c) The action of a majority of a quorum is the action of the council, except that a
98 unanimous vote is required to appoint or remove a nonvoting council member.
99 (d) The council shall meet quarterly or more frequently as determined by the chair.
100 (3) (a) State government officer and employee members who do not receive salary, per
101 diem, or expenses from their agency for their service may receive per diem and expenses incurred
102 in the performance of their official duties from the council at the rates established by the Division
103 of Finance under Sections 63A-3-106 and 63A-3-107 .
104 (b) Members who are not government employees may not receive compensation or
105 benefits for their services, but may receive per diem and expenses incurred in the performance of
106 the member's official duties from the council at rates established by the Division of Finance under
107 Sections 63A-3-106 and 63A-3-107 .
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109 per diem and expenses for their service.
110 (4) The council shall:
111 (a) provide leadership to increase and enhance efficient and effective services to Utah's
112 children and youth at risk by:
113 (i) cooperatively planning, funding, monitoring, evaluating, and marketing innovative and
114 individualized service delivery and funding strategies;
115 (ii) recommending legislative, executive, and judicial policy and procedural changes,
116 including joint budget proposals as described in Section 63-38-2 ;
117 (iii) developing incentives and strategies to increase family involvement, collaboration,
118 and public-private partnerships in the planning and delivery of services at the state and local level;
119 (iv) promoting prevention and early intervention services;
120 (v) increasing public understanding of and advocating for the needs of Utah's children and
121 youth who are at risk; and
122 (vi) establishing policies to remove administrative barriers to collaboration in
123 communities;
124 (b) compile and disseminate information regarding effective service delivery and funding
125 strategies for replication;
126 (c) receive and act upon recommendations of the steering committee;
127 (d) approve the establishment of collaborative service delivery systems under Section
128 63-75-6.5 and adopt performance goals for those systems;
129 (e) recommend to the governor for each fiscal year funds contained in an agency's base
130 budget and building block request that can be identified for collaborative service delivery systems
131 established under Section 63-75-6.5 ; [
132 (f) (i) develop model administrative and governance structures to be established by
133 communities that at least:
134 (A) ensure accountability for public funds;
135 (B) are voluntarily adopted and modified by communities, based on community needs;
136 (C) ensure collaboration on matters of policy and administrative processes in operating
137 programs under this chapter between the state, school districts, and counties;
138 (D) establish a board consisting of heads of state and local government agencies, private
139 agencies, and school districts that provide services under this chapter; and
140 (E) ensure equity in the scope, duration, and level of services throughout a prescribed
141 geographical area;
142 (ii) the council may, through contracts that provide funding for programs under this
143 chapter, give incentives to communities to establish an administrative and governance structure
144 that meets the requirements of Subsection (4)(f)(i) and to designate the geographical area within
145 which that administrative and governance structure will operate; [
146 (g) review the structure and function of the steering committee before December 1, 1999,
147 to determine the effectiveness of the steering committee in:
148 (i) achieving the purposes and carrying out the responsibilities of the committee; and
149 (ii) assisting communities to establish collaborative service delivery systems;
150 (h) forward to the Legislature for the 2000 General Session recommendations for
151 restructuring the size, membership, and function of the steering committee based on the review
152 conducted under Subsection (4)(g); and
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154 (5) The council shall ensure that projects selected under Section 63-75-6 have outcomes
155 that:
156 (a) focus all project activities on the prevention of academic failure and social
157 misbehaviors;
158 (b) involve parents in planning, implementation, and evaluation of services;
159 (c) allow frequent opportunities for planning between teachers, parents, school
160 administrators, and representatives of agencies and community-based service organizations that
161 provide services; and
162 (d) provide frequent monitoring and assessment of each child's and youth's progress.
163 (6) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
164 council shall make rules to ensure cooperative development of individualized and coordinated
165 service plans by local interagency councils and case management teams for children or youth at
166 risk and their families who receive services under this chapter.
167 (b) For purposes of developing and implementing individualized and coordinated plans,
168 the members of the local interagency councils and case management teams shall be considered to
169 be employees of each agency represented on the team and entitled to review and discuss agency
170 records as necessary in planning and providing services under a plan.
171 (c) Records shared by the teams remain the property of the supplying agency and may not
172 be incorporated in the records of another agency unless transferred in accordance with standard
173 procedures for transfer of records of the type in question.
Legislative Review Note
as of 1-26-99 8:32 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.