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H.B. 100

             1     

FAMILIES, AGENCIES, AND COMMUNITIES

             2     
TOGETHER FOR CHILDREN AMENDMENTS

             3     
1999 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Duane E. Bourdeaux

             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:
             79          [(a)] (i) the state superintendent of public instruction;
             80          [(b)] (ii) the executive director of the Department of Health;
             81          [(c)] (iii) the executive director of the Department of Human Services;
             82          [(d)] (iv) the state court administrator; and
             83          [(e)] (v) the executive director of the Department of Workforce Services.
             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 .
             108          [(b)] (c) [State government officer and employee] Council members may decline to receive
             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 ; [and]
             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; [and]
             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
             153          [(g)] (i) report to the governor and the Legislature on an annual basis.
             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.

Office of Legislative Research and General Counsel


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