Agency: Human Services

Line Item: Child and Family Services

Function

The Division of Child and Family Services (DCFS) is 'the child, youth, and family services authority of the state.' Its primary purpose is to provide child welfare services. The division shall also, '... when possible and appropriate, provide preventive services and family preservation services….' Additionally, the division shall 'provide domestic violence services in accordance with federal law.' By statute, DCFS is to provide child abuse prevention services, child protective services, shelter care, foster care, residential care, adoption assistance, health care for children in state custody, family preservation, protective supervision, and domestic violence preventive services. DCFS is a state-administered agency with headquarters in Salt Lake City and five regional administrative centers.

Statutory Authority

Utah Code Title 62A, Chapter 4a authorizes and describes the programs of the Division of Child and Family Services:

• Part 1: Creation and duties of the division and its case management information system and database.
• Part 2: Rights of parents and children, the state's interest and responsibilities, and details of the various child welfare programs
• Part 3: Child abuse and neglect prevention and treatment
• Part 4: Child abuse and neglect reporting requirements
• Part 5: Shelter services and services to runaways
• Part 6: Child placing agencies
• Part 7: Interstate Compact on Placement of Children
• Part 8: Process for the safe relinquishment of a newborn child
• Part 9: The division's child adoption assistance plan
• Part 10: Management Information System and Licensing Information System

Utah Code Title 78A, Chapter 6, Juvenile Court Act of 1996, has several sections that apply to the Division of Child and Family Services:

• Part 3: Abuse, Neglect and Dependency Proceedings
• Part 4: Minors in custody on grounds other than abuse or neglect
• Part 5: Termination of Parental Rights Act
• Part 9: Guardian Ad Litem program

In addition to state law, many functions provided by DCFS have provisions detailed in federal law. Those federal law references, where available, follow:

42 U.S.C. 621 et. seq. (Social Security Act Title IV-B)

• Part 1: General child welfare services
• Part 2: Promoting safe and stable families

42 U.S.C. 670 et. seq. (Social Security Act Title IV-E)

• Foster care maintenance
• Adoption assistance
• Foster care independence program
• Education and training voucher program

42 U.S.C. 5101 et. seq. (Child Abuse Prevention and Treatment Act)

• Basic state grant
• Community-based child abuse prevention

Intent Language

Under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations within the Division of Child and Family Services line item in Item 110, Chapter 2 of the Laws of Utah 2010 not lapse at the close of Fiscal Year 2011. The use of any nonlapsing funds is limited up to $5,500,000 for Adoption Assistance and Out of Home Care programs for 'Other Charges/Pass Through' expenditures.

Under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations within the Division of Child and Family Services Line Item 110, Chapter 2 of the Laws of Utah 2010 not lapse at the close of Fiscal Year 2011. The use of any nonlapsing funds is limited up to $358,800 from the area of Service Delivery and is limited in its use only for lease expenditures.

The Legislature intends the Division of Child and Family Services develop proposals for a pay for performance pilot project and report back to the Office of the Legislative Fiscal Analyst by September 1, 2011.

The Legislature intends the Department of Human Services and the Division of Child and Family Services (DCFS) report back during the 2012 General Session actions and progress regarding the following items from the Auditor General's audit of DCFS and the affect of these items on the DCFS Fiscal Year 2012 appropriated budget: 1) the mixture of in-home services compared to out-of-home services; 2) progress on policies, training, and implementation of enhancements to in-home services; 3) funding by program as shown in audit figure 1.2 with enhanced information regarding annual numbers served and the cost per individual served; 4) trends of in-home and foster care services as shown in audit figures 2.1 and 2.3; 5) cost and utilization of foster care services by region as shown in audit figures 3.1 and 3.2; 6) inter-region placements and use of courtesy worker visits by region as shown in audit figure 5.1; 7) number of full-time equivalent (FTE) positions that staff all child protective services, in-home, and foster care cases on the last day of the fiscal year as a percentage of all FTEs shown by region; 8) annualized subsidy cost per adoption by region as shown in audit figure 6.6; 9) regular review, monitoring, and reevaluation of the appropriateness of all foster care placements; 10) review of staffing practices among the division's five regions to ensure accurate caseload calculations; and 11) adoption subsidy policies and funding practices to bring more consistency to regional practices.

The Legislature intends the Division of Child and Family Services (DCFS) in conjunction with the Courts develop a proposal to have parents who have children in DCFS custody and are required to do mandatory drug testing pay some or all of the cost of the drug testing and provide a written report of their proposal to the Legislative Fiscal Analyst by September 1, 2011.

Nothwithstanding the intent language found in Item 82, House Bill 3, Current Fiscal Year Supplemental Appropriations, 2011 General Session, under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations within the Division of Child and Family Services line item in Item 110, Chapter 2 of the Laws of Utah 2010 not lapse at the close of Fiscal Year 2011. The use of any nonlapsing funds is to Adoption Assistance, Out of Home Care, and Service Delivery.

Performance

The Office of the Legislative Fiscal Analyst completed an in-depth budget review of the Department of Human Services in November, 2010. As part of that review, a five year history of each agency's output and outcome measures was documented on pages 65 through 74 of Appendix 3 of the report. These Department of Human Services output and outcome measures will be updated in an Issue Brief provided during the 2012 General Session of the Legislature.

Funding Detail

For analysis of current budget requests and discussion of issues related to this budget click here.

Program: Administration - DCFS

Function

The division's administrative office directs the service delivery system for the state's child welfare and domestic violence programs. This office also oversees the division's budgetary procedures and controls; secures federal, state, and other funds; monitors and evaluates service delivery; and develops plans to meet the mission and goals of the division.

Funding Detail

Program: Service Delivery

Function

The regional offices of the division direct and deliver child welfare, youth, and domestic violence services. This budget includes funding for caseworkers, related staff, regional administrative personnel, and training. There are five regions: 1) Northern, 2) Eastern, 3) Western, 4) Southwest, and 5) Salt Lake Valley which includes Salt Lake and Tooele counties. Each region analyzes the services needed by its clients and organizes resources to uniquely provide the services.

Funding Detail

Program: In-Home Services

Function

This program provides various services focusing on protecting children while supporting, strengthening, and preserving their families. These services are designed to allow children to stay in their homes or facilitate their return to their natural families. In addition to in-home services provided by DCFS staff, other contractual services are provided for families that require less structured intervention to prevent disruption of the family. The services include:

• Homemaker Services: Provide short-term assistance to parents unable to give basic care and homemaking needed for the well being of a child.
• Youth Advocate Program: Work one-on-one with youth who have been neglected or abused and who are at risk of becoming delinquent or ungovernable.
• Parenting Skills Training: Provide classes that teach appropriate communication and discipline skills.
• Protective Day Care: Provide day care for children at risk of abuse or neglect if left at home during the day.
• Sexual Abuse Treatment Services: Provide assessment and treatment to sexually abused children and their families and treatment for sexually reactive children and juvenile perpetrators who have been identified by DCFS as sex abuse victims.
• Day Treatment Services: Provide therapeutic management services for emotionally and behaviorally disturbed children and adolescents. Services include education, therapy, crisis management, social and daily living skills training, and recreational services.
• Drug Testing:May also include drug testing for parents when assessing safety for children.

Funding Detail

Program: Out-of-Home Care

Function

This program provides treatment services for children placed in foster care and other residential programs. Placements in out-of-home services are made according to the child's behavioral needs and include basic, specialized, structured, and residential care with therapy and wrap around services. The program includes care and maintenance costs such as room and board, personal care, clothing, and allowance.

Funding Detail

Program: Facility-based Services

Function

Facility-based services include short-term shelter services, crisis host homes, and other short-term shelter services for abused, neglected, and dependent children and youth. An example of this would be the Christmas Box House in Salt Lake County. This program covers the cost of such services provided directly by the region or through contracts with private providers.

Eleven crisis nurseries are partially funded through contracts with DCFS. These crisis nurseries are found statewide and allow parents, who feel that they might injure a child, to place the child at the center while the parents resolve the crisis. Centers are currently operating in Logan, Midvale, Salt Lake City (Sugarhouse), West Valley City, Ogden, Clearfield, Orem, Brigham City, Roosevelt, Cedar City, and St. George.

Funding Detail

Program: Minor Grants

Function

Minor Grants refers to the small grants awarded DCFS, as opposed to the major grants such as titles IV-B (child welfare), IV-E (foster care/adoption assistance), XIX (Medicaid), and XX (Social Services Block Grant) of the federal Social Security Act. These minor grants are usually administered by program managers at the state office rather than by the various regions. Currently, this program includes the following grants:

• Child Abuse Prevention and Treatment Act (CAPTA) Grant: The purpose of this grant is to reduce child abuse and neglect by providing leadership in statewide prevention efforts and supporting community-based child abuse prevention and family support programs. Current grant funding provides for four child abuse prevention and family support programs through contract, including a child abuse prevention program manager, support of child abuse prevention network activities, evaluation of prevention program outcomes, and support for a statewide conference on child abuse and neglect.

• Promoting Safe and Stable Family Grants (authorized through Title IV-B, Part II, of the federal Social Security Act): These funds provide family preservation, family support, time-limited family reunification efforts, and adoption promotion and support services. Ten family support projects have been funded in communities throughout the state. DCFS regions also provide family preservation, reunification, and adoption support services.

• Transition to Adult Living: Two grants support the Transition to Adult Living Program (TAL), including the Chafee Foster Care Independent Program and the Education and Training Voucher Program (authorized by Section 477 of the federal Social Security Act). TAL assists youth 14 years and older to prepare to transition successfully from foster care to adult living. The program includes mentoring, skills development, educational support, employment preparation, and financial support for post-secondary education and training for older youth that have already aged out of foster care or who were adopted at the age of 16 or older from foster care. This program also provides support and resources for youth 18 to 21 that have exited from foster care.

Funding Detail

Program: Selected Programs

Function

Some services previously funded in this program have been shifted to other programs in DCFS. The selected programs remaining in this budget include:

• Masters of Social Work: The division has a contract with the University of Utah (U of U) and Utah State University (USU) whereby the universities provides the state funding match and the division draws down Title IV-E federal funds for some salaries and costs associated with the Master of Social Work (MSW) and Bachelor of Social Work (BSW) programs. This also includes a number of student stipends.

• Attorney General Services: The division has an agreement with the Office of the Attorney General (AG) to pay for legal costs incurred on behalf of children in DCFS service. The AG (Child Protection Division) provides the state match for the federal Title IV-E share that then comes through the DCFS budget.

Funding Detail

Program: Special Needs

Function

This program provides for special needs of children placed in foster homes and other out-of-home care situations. Special needs services might include transportation, special clothing allowances, music lessons, unique equipment, baby needs, additional clothing allowance (usually for teens), holiday gifts, recreational needs, and school expenses such as yearbook, locker fees, school pictures, and tutors. It also includes miscellaneous expenses that DCFS is ordered by the courts to pay for foster children or for their parents' needs. This includes interpreter services, long-distance phone calls to facilitate reunification, and parent psychological evaluations.

Funding Detail

Program: Domestic Violence

Function

The division provides services which aid victims and perpetrators of domestic violence. This program includes:

• Domestic Violence Case Workers: provide other DCFS workers with information about domestic violence as it relates to child abuse, assist in risk determination, and provide resources and referrals to assist DCFS workers in keeping adult and child victims safe.

• Domestic Violence Outpatient Services: provides treatment to court-ordered and voluntary domestic violence perpetrators, victims of domestic violence, and child witnesses of domestic violence. This program is funded in part from the Victims of Domestic Violence Services Account (UCA 51-9-406), which revenues come from surcharges on criminal fines, penalties, and forfeitures imposed by the courts.

• Family Violence Shelters provide abused adults and their children with a safe short-term refuge. While there, shelter staff members help victims assess their situation and evaluate available options to end the abuse. An opportunity is also given to participate in groups with other battered individuals and to deal with issues of self-esteem and self-sufficiency. There are 15 domestic violence shelters operating in just over half of the state's 29 counties. Available services vary from shelter to shelter. Some of the services provided include a 24-hour crisis hot line, a 24-hour mobile crisis team, adult and child support groups, rape crisis intervention, education and training, assistance with protective orders, court advocacy, household goods assistance, bilingual services, transportation, child care, and information and referral. DCFS contracts for services with shelters such as the YWCA program in Salt Lake City. DCFS also operates its own shelters in three rural communities.

Funding Detail

Victims of Domestic Violence Services Account

All courts levy a surcharge on fines. Of the amount collected by these surcharges, 4.5 percent is allocated to the Victims of Domestic Violence Services Account (UCA 51-9-406). A portion of the collections (0.5 percent) goes to the Office of the Attorney General for training. The remaining four percent goes to DCFS for services to victims of domestic violence.

Program: Children's Account

Function

The Children's Account was established by the Legislature in 1986 (see UCA 62A-4a-309). The fund receives a $3.00 surcharge on all birth certificates to be used for child abuse prevention programs. The Child Abuse and Neglect Council evaluate proposals and grants which require a dollar for dollar match by the sponsoring organizations. Sponsoring organizations typically include schools, church groups, communities, as well as other entities.

Funding Detail

Program: Adoption Assistance

Function

The state makes available several forms of financial assistance to families adopting children from state custody: 1) one-time assistance for legal costs; 2) a Medicaid card for the child; 3) monthly adoption subsidies; and 4) supplemental, special needs subsidies for out-of-home placement care, specialized therapy, dental and medical care not covered by the Medicaid card, and other occasional needs. Subsidies are also available for guardianship cases.

'Carve Out' for Treatment

Since 1998, children in foster care have been carved out of the capitated Medicaid mental health plan operated by community mental health centers (CMHC) allowing each family, in conjunction with the case worker, to determine the appropriate mental health provider based on the needs of the child. DCFS pays the "match" on these children rather than the CMHC. The Legislature furthered that policy by allowing adoptive parents to carve out for treatment services as long as the provider would accept Medicaid clients. This was done to retain consistency with a treatment provider.

Funding Detail

Program: Child Welfare Management Information System

Function

This management information system, known as SAFE, provides statewide electronic case management. The system automatically develops service need lists, develops documents needed for foster care placements, maintains education and other case histories, electronically notifies caseworkers of required actions and related time frames, and facilitates report creation. It also electronically connects with other systems such as the Office of Recovery Services Information System (ORSIS, the Unified Social Services Delivery System (USSDS), and the Contracts, Approvals, and Payments System (CAPS). It is the document of record for all child protective service cases. It also provides data for division management as well as for federal reports.

Funding Detail