H.B. 175 Enrolled

LEGISLATIVE AUDITS OF CHILD WELFARE SYSTEM
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Nora B. Stephens
AN ACT RELATING TO THE CHILD WELFARE REFORM ACT; AMENDING PROVISIONS
RELATING TO INTERNAL AND LEGISLATIVE AUDITS OF THE CHILD WELFARE
SYSTEM AND THE DIVISION OF CHILD AND FAMILY SERVICES.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-118, as last amended by Chapter 13, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-118 is amended to read:
62A-4a-118. Annual review of child welfare referrals and cases by executive director
-- Accountability to the Legislature -- Review by Legislative Auditor General.
(1) [As of July 1, 1994, the] The division shall use principles of quality management
systems, including statistical measures of processes of service, and the routine reporting of
performance data to employees.
(2) (a) In addition to development of quantifiable outcome measures and performance
measures in accordance with Section 62A-4a-117 , the executive director, or his designee, shall
annually review a randomly selected [statistically significant] sample of [foster care and child
protective service] child welfare referrals to and cases handled by the division. The purpose of that
review shall be to assess whether the division is adequately protecting children and providing
appropriate services to families, in accordance with the provisions of Title 62A, Chapter 4a, Child
and Family Services, and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
Proceedings, and Part 4, Termination of Parental Rights Act. The review shall focus directly on
the outcome of cases to children and families, and not simply on procedural compliance with
specified criteria.
(b) The executive director shall report, regarding his review of those cases, to the
Legislative Auditor General, the Child Welfare Legislative Oversight Panel, and the Health and

Human Services Interim Committee [before October 1, 1995, and] each [subsequent] year, on dates
scheduled by the panel and committee.
(c) Information obtained as a result of the review shall be provided to caseworkers,
supervisors, and division personnel involved in the respective cases, for purposes of education,
training, and performance evaluation.
(3) The executive director's review and report to the Legislature shall include:
(a) the criteria used by the executive director, or his designee, in making the evaluation; [and]
(b) findings regarding whether state statutes, division policy, and legislative policy were
followed in each sample case[.];
(c) findings regarding whether, in each sample case, referrals, removals, or cases were
appropriately handled by the division and its employees, and whether children were adequately and
appropriately protected and appropriate services provided to families, in accordance with the
provisions of Title 62A, Chapter 4a, and Title 78, Chapter 3a, Parts 3 and 4, and division policy;
(d) an assessment of the division's intake procedures and decisions, including an assessment
of the appropriateness of decisions not to accept referrals; and
(e) an assessment of the appropriateness of the division's assignment of priority.
(4) (a) In addition to the review conducted by the executive director, the Legislative Auditor
General shall audit a [subsample of the cases reviewed by the executive director] sample of child
welfare referrals to and cases handled by the division, and report his findings to the Child Welfare
Legislative Oversight Panel and the Health and Human Services Interim Committee [before December
31, 1995, and] each [subsequent] year, on dates scheduled by the panel and committee.
(b) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
General's report shall include:
(i) findings regarding whether state statutes, division policy, and legislative policy were
followed by the division and its employees;
(ii) a determination regarding whether referrals, removals, and cases were appropriately
handled by the division and its employees, and whether children were adequately and appropriately
protected and appropriate services provided for families, in accordance with the provisions of Title

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62A, Chapter 4a, and Title 78, Chapter 3a, Parts 3 and 4, and division policy;
(iii) an assessment of the division's intake procedures and decisions, including an assessment
of the appropriateness of decisions not to accept referrals;
(iv) an assessment of the appropriateness of the division's assignment of priority; and
(v) a determination regarding whether the department's review process is effecting beneficial
change within the division and accomplishing the mission established by the Legislature and the
department for that review process.

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