Group: Health & Human Services - Department of Human Services

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….' Furthermore, 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.

Background

Background of Court Oversight of DCFS

In February 1993, the National Center for Youth Law (NCYL) filed a civil rights complaint in U.S. district court on behalf of all children reported as abused and neglected and all foster children in Utah. A four-year settlement was signed by Governor Leavitt and approved by the Court in 1994.

In August 1998, the court allowed the four-year settlement to expire. Not being satisfied with the progress made, the judge required the division to prepare a comprehensive plan to improve child protective services to a level satisfactory to both the court and the NCYL. The plan, known as The Performance Milestone Plan, was completed collaboratively with the Child Welfare Policy and Practice Group (CWPPG) of Montgomery, Alabama. The court accepted the plan in 1999, and directed DCFS to regularly report on compliance. The court also appointed the CWPPG to be the court's monitor.

The state appealed the court's decision to continue its oversight of the division to the 10th Circuit Court of Appeals in Denver, Colorado. In March 2001, the appeals court decided DCFS must remain under the scrutiny of the federal courts and continue to meet compliance and reporting requirements. The state appealed to the U.S. Supreme Court, but in October 2001 the Supreme Court refused to consider the appeal. In 2002, the court, the plaintiffs, and DCFS attempted to identify resources needed to bring DCFS closer to realizing the goals of the Milestone Plan. It was decided that the division needed to substantially increase the number of caseworkers and its training process. The 2003 Legislature appropriated $1.9 million in additional state funds to DCFS for 51 additional caseworkers and trainers. Later, the 2007 Legislature provided $762,000 in General Fund along with $762,900 transferred from internal savings for DCFS to hire 24 additional caseworkers.

Current Status of Lawsuit - Exit Agreement Approved

The state continued to meet with the judge and the plaintiffs in an attempt to make the requirements of the Milestone Plan more reasonable and attainable with the object of eventually discontinuing the court's oversight. Judge Campbell signed an exit agreement and dismissed the case without prejudice on June 28, 2007. The plaintiff acknowledged that Utah has made significant strides to develop 'one of the best child welfare systems in the country.'

The exit agreement requires the division to 'continue operating in accordance with the Milestone Conditions until at least December 30, 2010' and that 'appropriate mechanisms are in place to ensure that the system will sustain positive outcomes for children and families in the absence of on-going federal court oversight and monitoring by Plaintiffs and the court monitor.' The division will be reviewed by the court monitor with regard to the exit stipulations during the period of July through October 2008. If the division has met the stipulations of the exit agreement, the case will be dismissed with prejudice and court monitoring should come to an end.

Payments to plaintiff attorneys and costs of court monitoring

In 2002, the federal court ordered the division to pay over $1.1 million for attorney fees to the National Center for Youth Law, the original plaintiff in the David C. lawsuit. Another $234,507 was paid in FY 2003. Starting in FY 2004, these costs were paid by the Office of the Attorney General (AG), with funds appropriated for that purpose to the AG totaling $713,234 through FY 2008. DCFS has also been responsible to pay for the court monitor and related costs. Through FY 2008, DCFS has paid out over $6.0 million for costs related to the David C. lawsuit.

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, its state policy-making board, 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

Intent Language

Under Section 63-38-8 of the Utah Code the Legislature intends that any remaining amount of the funding provided by Item 108, Chapter 1 of the Laws of Utah 2007 and any additional funding allocated to this line item for the Division of Child and Family Services in the Department of Human Services not lapse at the close of FY 2008. It is further the intent of the Legislature that these funds be used for Adoption Assistance and Out of Home Care programs, the purchase of 19 vehicles for the Division of Child and Family Services and the David C. court monitor.

Agency Response: The nonlapsing funds provided by the FY 2008 Legislature will be used to meet caseload needs in the Out of Home Care program. Nonlapsing funds will also be used in the Adoption Assistance program to fund clients who opt out of the capitated mental health system. In addition, any David C. court monitor expenditures will be paid with nonlapsing funds. The division manages clients according to need rather than available funding. This has allowed the division to affect efficiencies. These efficiencies have created a savings in the past which has been carried into the next year. The division does not anticipate that there will be any funds available at the end of FY 2009. In the event there are remaining funds, the division requests that intent language continue to allow the division the use of nonlapsing funds in FY 2010.

The Legislature intends that the Divisions of Substance Abuse and Mental Health and Child and Family Services provide a written report to the Health and Human Services Appropriations Subcommittee by the 2009 General Session on the use of funds provided by Item 93, Chapter 371 of the Laws of Utah for substance abuse treatment services for women. This report is to provide information on how many individuals were served, the effectiveness of the treatment services, and the fiscal impact on current funding levels for children in state custody.

Agency Response: The Division of Substance Abuse and Mental Health received funding for two women's treatment centers. These centers allow mothers to keep their children with them while going through treatment. A report will be prepared for the 2009 General Session that will be a collaboration between the divisions of Substance Abuse and Mental Health and Child and Family Services.

Funding Detail

Passage of the Federal Deficit Reduction Act during the 2006 General Session resulted in a loss of federal funds (Title IVE and Medicaid) for DCFS. The Legislature appropriated state funds of $9.5 million for FY 2006 and $17.8 million for FY 2007 to replace the loss of federal funds.

Program: Administration

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) Southwestern, and 5) Central 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 FY 2008, the division provided services to 8,681 children in their homes. 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.

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. In FY 2008, the division provided foster care and institutional care to 4,321 children. As of June 30, 2008, there were 2,640 children in foster care.

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.

Ten 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. These centers are available 24 hours a day and seven days a week. Centers are currently operating in Logan, Midvale, Salt Lake City (Sugarhouse), 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) whereby the university provides the state funding match and the division draws down Title IV-E federal funds for some salaries and costs associated with the U of U 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, drug/alcohol screening and treatment for parents, and parent psychological evaluations. An average of $556 was paid per child in FY 2008. Federal Title IV-E funds pay for some transportation costs of eligible children in custody and for some special needs categories.

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 16 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

This General Fund restricted account receives 4.5 percent of surcharges paid on all criminal fines, penalties, and forfeitures. 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 Trust Account

Function

The Children's Trust 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. Each year, the Department of Human Services may be appropriated up to $400,000 from the trust account. The Child Abuse and Neglect Council evaluates 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

Prior to FY 2002, children adopted from foster care were provided mental health services by the Community Mental Health Centers (CMHC) through the state's capitated Medicaid plan. Under this arrangement, a CMHC paid the state match on the Medicaid funding received. However, since 1998, children in foster care have been carved out of the capitated plan allowing each case worker to determine the appropriate 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.

As the number of adoptive families opting to carve out continued to grow, it placed a significant financial burden on DCFS. For FY 2006, the Legislature approved the hiring of six additional staff to assist adoptive parents in the selection of the most appropriate services for adopted children. The objective was to encourage using the capitated system rather than carving out. The new staff members were able to effectively reduce the costs to DCFS.

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) and the Unified Social Services Delivery System (USSDS). 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