S.B. 40 Child Welfare Sunset Provisions

  • Drafting Attorney: Ericka A. Evans
  • Fiscal Analyst: Clare Tobin Lence
  • Information
    • Last Action: 25 Mar 2019, Governor Signed
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 14 May 2019
    • Session Law Chapter: 257
    • Committee Note: The Health and Human Services Interim Committee recommended this bill. (13-0-5)
      The Child Welfare Legislative Oversight Panel recommended this bill. (5-0-0)

S.B. 40

1     
CHILD WELFARE SUNSET PROVISIONS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Allen M. Christensen

5     
House Sponsor: Christine F. Watkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends child welfare provisions that are scheduled to sunset in 2019.
10     Highlighted Provisions:
11          This bill:
12          ▸     extends the sunset date for the psychotropic medication oversight pilot program
13     until July 1, 2024;
14          ▸     requires the division to report to the Child Welfare Legislative Oversight Panel
15     every other year on the work of the psychotropic medication oversight pilot
16     program; and
17          ▸     extends the sunset date for the child protection unit pilot program until December
18     31, 2021.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          62A-4a-213, as enacted by Laws of Utah 2016, Chapter 231
26          63I-1-262, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 62A-4a-213 is amended to read:
30          62A-4a-213. Psychotropic medication oversight pilot program.
31          (1) As used in this section, "psychotropic medication" means medication prescribed to
32     affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
33     anxiolytic, or behavior medication.
34          (2) The division shall, through contract with the Department of Health, establish and
35     operate a psychotropic medication oversight pilot program for children in foster care to ensure
36     that foster children are being prescribed psychotropic medication consistent with their needs.
37          (3) The division shall establish an oversight team to manage the psychotropic
38     medication oversight program, composed of at least the following individuals:
39          (a) an "advanced practice registered nurse," as defined in Subsection 58-31b-102(14),
40     employed by the Department of Health; and
41          (b) a child psychiatrist.
42          (4) The oversight team shall monitor foster children:
43          (a) six years old or younger who are being prescribed one or more psychotropic
44     medications; and
45          (b) seven years old or older who are being prescribed two or more psychotropic
46     medications.
47          (5) The oversight team shall, upon request, be given information or records related to
48     the foster child's health care history, including psychotropic medication history and mental and
49     behavioral health history, from:
50          (a) the foster child's current or past caseworker;
51          (b) the foster child; or
52          (c) the foster child's:
53          (i) current or past health care provider;
54          (ii) natural parents; or
55          (iii) foster parents.
56          (6) The oversight team may review and monitor the following information about a
57     foster child:
58          (a) the foster child's history;
59          (b) the foster child's health care, including psychotropic medication history and mental
60     or behavioral health history;
61          (c) whether there are less invasive treatment options available to meet the foster child's
62     needs;
63          (d) the dosage or dosage range and appropriateness of the foster child's psychotropic
64     medication;
65          (e) the short-term or long-term risks associated with the use of the foster child's
66     psychotropic medication; or
67          (f) the reported benefits of the foster child's psychotropic medication.
68          (7) (a) The oversight team may make recommendations to the foster child's health care
69     providers concerning the foster child's psychotropic medication or the foster child's mental or
70     behavioral health.
71          (b) The oversight team shall provide the recommendations made in Subsection (7)(a)
72     to the foster child's parent or guardian after discussing the recommendations with the foster
73     child's current health care providers.
74          (8) The division may adopt administrative rules in accordance with Title 63G, Chapter
75     3, Utah Administrative Rulemaking Act, necessary to administer this section.
76          (9) The division shall report to the Child Welfare Legislative Oversight Panel
77     regarding the psychotropic medication oversight pilot program by October 1 of each even
78     numbered year.
79          Section 2. Section 63I-1-262 is amended to read:
80          63I-1-262. Repeal dates, Title 62A.
81          (1) Subsections 62A-1-120(8)(g), (h), and (i) are repealed July 1, 2023.
82          (2) Section 62A-3-209 is repealed July 1, 2023.
83          (3) Section 62A-4a-202.9 is repealed December 31, [2019] 2021.
84          (4) Section 62A-4a-213 is repealed July 1, [2019] 2024.
85          (5) Section 62A-15-114 is repealed December 31, 2021.
86          (6) Subsection 62A-15-1101(7) is repealed July 1, 2018.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
12/28/2018 Bill Numbered but not DistributedLegislative Research and General Counsel
12/28/2018 Numbered Bill Publicly DistributedLegislative Research and General Counsel
12/28/2018 LFA/ bill sent to agencies for fiscal inputLegislative Research and General Counsel
1/25/2019 Senate/ received bill from Legislative ResearchWaiting for Introduction in the Senate
1/27/2019 LFA/ fiscal note publicly availableWaiting for Introduction in the Senate
1/28/2019 Senate/ 1st reading (Introduced)Senate Rules Committee
1/28/2019 Senate/ received fiscal note from Fiscal AnalystSenate Rules Committee
1/28/2019 Senate/ Rules to 2nd Reading CalendarSenate 2nd Reading Calendar
1/29/2019 (11:38:54 AM)Senate/ 2nd & 3rd readings/ suspensionSenate 2nd Reading Calendar
1/29/2019 (11:40:49 AM)Senate/ passed 2nd & 3rd readings/ suspensionClerk of the House26 0 3
1/29/2019 (11:40:50 AM)Senate/ to HouseClerk of the House
1/29/2019 House/ received from SenateClerk of the House
1/30/2019 House/ 1st reading (Introduced)House Rules Committee
1/30/2019 House/ to standing committeeHouse Health and Human Services Committee
2/4/2019 House Comm - Favorable RecommendationHouse Health and Human Services Committee10 0 2
2/5/2019 (11:32:21 AM)House/ committee report favorableHouse Health and Human Services Committee
2/5/2019 (11:32:22 AM)House/ 2nd readingHouse 3rd Reading Calendar for Senate bills
2/7/2019 (11:46:18 AM)House/ 3rd readingHouse 3rd Reading Calendar for Senate bills
2/7/2019 (11:49:08 AM)House/ passed 3rd readingHouse Speaker66 0 9
2/7/2019 (11:49:09 AM)House/ signed by Speaker/ returned to SenateSenate President
2/7/2019 (11:49:10 AM)House/ to SenateSenate President
2/8/2019 Senate/ received from HouseSenate President
2/8/2019 Senate/ signed by President/ sent for enrollingLegislative Research and General Counsel / Enrolling
2/11/2019 Bill Received from Senate for EnrollingLegislative Research and General Counsel / Enrolling
2/11/2019 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/21/2019 Enrolled Bill Returned to House or SenateSenate Secretary
3/21/2019 Senate/ enrolled bill to PrintingSenate Secretary
3/22/2019 Senate/ received enrolled bill from PrintingSenate Secretary
3/22/2019 Senate/ to GovernorExecutive Branch - Governor
3/25/2019 Governor SignedLieutenant Governor's office for filing