MINUTES OF THE
ADMINISTRATIVE RULES REVIEW AND GENERAL OVERSIGHT COMMITTEE
Thursday, October 20, 2022 • 8:00 a.m. • 445 State Capitol


Members Present:
Rep. Brady Brammer, Chair
Sen. Jacob L. Anderegg
Sen. David G. Buxton
Sen. Luz Escamilla
Sen. Karen Mayne
Rep. Nelson T. Abbott
Rep. Carol Spackman Moss
Rep. Norman K Thurston
Rep. Mark A. Wheatley

Members Absent:
Sen. Curtis S. Bramble, Chair

Staff Present:
Megan L. Bolin, Deputy Director, Public Policy and Administration
Jonathan Adams, Policy Analyst
Victoria Ashby, Associate General Counsel
Tracey Fredman, Administrative Assistant

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1.Committee Business
Chair Brammer called the meeting to order at 8:11 a.m.
2.Charter School Satellite Authorization
2a - Handout, Charter School Satellite Authorization
2b - Charter School Satellite Authorization Rules, R277-552
2c - Presentation, Charter School Satellite Authorization
Jonathan Adams, Policy Analyst, Office of Legislative Research and General Counsel, presented an overview of Utah charter schools and Administrative Rule R277-552, Charter School Timelines and Approval Process.
Cindy Phillips, Vice Chair, State Charter School Board, discussed the authorization process by which the State Charter School Board (board) authorizes charter school satellites. Cindy Phillips commented on the board's interpretation of certain language contained in Administrative Rule R277-552-7(c) that refers to performance expectations for all schools and asked for language clarification from the State Board of Education.
Committee discussion followed during which Cindy Phillips responded to questions.
Royce Van Tassell, Executive Director, Utah Association of Public Charter Schools, commented on the structure of the charter satellite expansion rule.
Cindy Davis, Vice Chair, State Board of Education, noted that there is nothing in R277-552-7(c) that prohibits an LEA system of charter schools from creating academic goals that are unique and specific for each school.
Jennifer Lambert, Executive Director, State Charter School Board, commented on unique goals appropriate to each school.
MOTION:Sen. Anderegg moved to add the repeal of Administrative Rule R277-552-7(2)(c) to the 2023 Administrative Rules Reauthorization legislation.The motion passed with a vote of 5-4-1.
Yeas - 5Nays- 4Abs- 1
Rep. N. Abbott
Sen. J. Anderegg
Rep. B. Brammer
Sen. D. Buxton
Rep. N. Thurston
Sen. L. Escamilla
Sen. K. Mayne
Rep. C. Moss
Rep. M. Wheatley
Sen. C. Bramble
MOTION:Sen. Anderegg moved to approve the minutes of the August 18, 2022, meeting.The motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 1
Rep. N. Abbott
Sen. J. Anderegg
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Mayne
Rep. C. Moss
Rep. N. Thurston
Rep. M. Wheatley
Sen. C. Bramble
3.Administrative Rules Reauthorization Legislation
MOTION:Sen. Anderegg moved to open a committee bill to reauthorize all administrative rules except those identified by the committee.The motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 1
Rep. N. Abbott
Sen. J. Anderegg
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Mayne
Rep. C. Moss
Rep. N. Thurston
Rep. M. Wheatley
Sen. C. Bramble
4.Kinship Preference
4a - Handout, Appropriate Permanency for Children in State Care
4b - Presentation, Kinship Preference
Megan Bolin, Deputy Director, Public Policy and Administration, Office of Legislative Research and General Counsel, gave an overview of federal and state statutes and administrative rules that require the Division of Child and Family Services and the juvenile court to provide preferential consideration to a child's relative when making placement decisions after the child has been removed from parental custody.
Marc Watterson, Director, Office of Legislative Affairs, Utah Department of Health and Human Services, introduced Tonya Myrup and Crystal Vail, who would be speaking to the issue of kinship preference.
Tonya Myrup, Interim Director, and Crystal Vail, Administrator, Foster Care and Kinship Program, Division of Child and Family Services, presented the process followed by the division when a foster parent requests removal of a foster child from the foster home, department guidelines regarding kinship placement, and kinship preference.
Rep. Candice Pierucci asked about the process and expected time guidelines for foster removal, and what recourse is in place if the division does not respond within the time guidelines.
Tonya Myrup described the removal process and resources within the division to assist foster families with difficult situations.
Crystal Vail commented on the training, information, and assistance available to foster parents.
Stephanie Gricius, foster parent, commented on her experience with the division as a foster parent since 2004.
Rachel Burns, foster parent, spoke about the need for guidelines from the division on how to build relationships between foster families and biological families, kin or extended kin, and retaining those familial ties that are important for kids.
Committee discussion followed.
Rep. Kera Birkeland pointed out the need for additional resources to enable the division to better serve the needs of foster families.
Public comment was received on the issue from the following individuals:
Mia Chase, Draper City Police Department
Encarni Gallardo, Children's Service Society of Utah
No action was taken on this item.
5.Adjourn
In the absence of a quorum, Chair Brammer adjourned the meeting at 11:04 a.m.