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H.B. 31

             1     

CHILD WELFARE OVERSIGHT PANEL

             2     
AMENDMENTS

             3     
2001 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Trisha S. Beck

             6      This act modifies the Human Services Code to amend the duties of the Child Welfare
             7      Legislative Oversight Panel and make technical changes. The act requires the executive
             8      branch and judicial branch to report to the panel regarding their compliance with statutory
             9      time limits for the permanency process for foster care children. The act authorizes the panel
             10      to receive reports from the executive branch and judicial branch concerning budget issues,
             11      and to make recommendations to legislative appropriations committees.
             12      This act affects sections of Utah Code Annotated 1953 as follows:
             13      AMENDS:
             14          62A-4a-207, as last amended by Chapter 13, Laws of Utah 1998
             15      Be it enacted by the Legislature of the state of Utah:
             16          Section 1. Section 62A-4a-207 is amended to read:
             17           62A-4a-207. Legislative Oversight Panel -- Responsibilities.
             18          (1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
             19      following members:
             20          (i) two members of the Senate, one from the majority party and one from the minority
             21      party, appointed by the president of the Senate; and
             22          (ii) three members of the House of Representatives, two from the majority party and one
             23      from the minority party, appointed by the speaker of the House of Representatives.
             24          (b) Members of the panel shall serve for two-year terms, or until their successors are
             25      appointed.
             26          (c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
             27      when a member resigns from the panel. Vacancies shall be filled by the appointing authority, and


             28      the replacement shall fill the unexpired term.
             29          (2) The president of the Senate shall designate one of the senators appointed to the panel
             30      under Subsection (1) as the Senate chair of the panel. The speaker of the House of Representatives
             31      shall designate one of the representatives appointed to the panel under Subsection (1) as the House
             32      chair of the panel.
             33          (3) The panel shall follow the interim committee rules established by the Legislature.
             34          (4) The panel shall:
             35          (a) examine and observe the process and execution of laws governing the child welfare
             36      system by the executive branch and the judicial branch;
             37          (b) upon request, receive testimony from the public, the juvenile court, and from all state
             38      agencies involved with the child welfare system including, but not limited to, the division, other
             39      offices and agencies within the department, the attorney general's office, the Office of the Guardian
             40      Ad Litem Director, and school districts;
             41          (c) receive reports from the Consumer Hearing Panel, described in Subsection
             42      62A-4a-102 (3), and consider and review the actions, reports, and recommendations of that panel;
             43          (d) before October 1, 2002, and before October 1 of each year thereafter receive reports
             44      from the division, the attorney general, and the judicial branch identifying the cases not in
             45      compliance with the time limits established in Section 78-3a-308 , regarding pretrial and
             46      adjudication hearings, Section 78-3a-311 , regarding dispositional hearings and reunification
             47      services, and Section 78-3a-312 , regarding permanency hearings and petitions for termination, and
             48      the reasons for the noncompliance;
             49          [(d)] (e) receive recommendations from, and make recommendations to the governor, the
             50      Legislature, the attorney general, the division, the Office of the Guardian Ad Litem Director, the
             51      juvenile court, and the public;
             52          (f) (i) receive reports from the executive branch and the judicial branch on budgetary
             53      issues impacting the child welfare system; and
             54          (ii) recommend, as it considers advisable, budgetary proposals to the Health and Human
             55      Services Joint Appropriations Subcommittee and the Executive Appropriations Committee, which
             56      recommendation should be made before December 1 of each year;
             57          [(e)] (g) study and recommend proposed changes to laws governing the child welfare
             58      system;


             59          [(f)] (h) perform such other duties related to the oversight of the child welfare system as
             60      the panel considers appropriate; and
             61          [(g)] (i) annually report its findings and recommendations to the president of the Senate,
             62      the speaker of the House of Representatives, the Health and Human Services Interim Committee,
             63      and the Judiciary Interim Committee.
             64          (5) The panel has authority to review and discuss individual cases. When an individual
             65      case is discussed, the panel's meeting may be held in private.
             66          (6) (a) The panel has authority to make recommendations to the Legislature, the governor,
             67      the Board of Juvenile Court Judges, the division, and any other statutorily created entity related
             68      to the policies and procedures of the child welfare system. The panel does not have authority to
             69      make recommendations to the court, the division, or any other public or private entity regarding
             70      the disposition of any individual case.
             71          (b) The panel may hold public hearings, as it considers advisable, in various locations
             72      within the state in order to afford all interested persons an opportunity to appear and present their
             73      views regarding the child welfare system in this state.
             74          (7) (a) All records of the panel regarding individual cases shall be classified private, and
             75      may be disclosed only in accordance with federal law and the provisions of Title 63, Chapter 2,
             76      Government Records Access and Management Act.
             77          (b) The panel shall have access to all of the division's records, including those regarding
             78      individual cases. In accordance with Title 63, Chapter 2, Government Records Access
             79      Management Act, all documents and information received by the panel shall maintain the same
             80      classification that was designated by the division.
             81          (8) In order to accomplish its oversight functions, the panel has:
             82          (a) all powers granted to legislative interim committees in Section 36-12-11 ; and
             83          (b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena Powers.
             84          (9) Members of the panel shall receive salary and expenses in accordance with Section
             85      36-2-2 .
             86          (10) (a) The Office of Legislative Research and General Counsel shall provide staff
             87      support to the panel.
             88          (b) The panel is authorized to employ additional professional assistance and other staff
             89      members as it considers necessary and appropriate.






Legislative Review Note
    as of 11-20-00 1:26 PM


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

Office of Legislative Research and General Counsel


Committee Note

The Health and Human Services Interim Committee recommended this bill.


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