COBI 2015 - Parental Defense

Overview
Issues
Background
Financials

Sources Uses

FY 2016 Appropriation

The Office of Child Welfare Parental Defense was created to strengthen the role of the parents' attorney in juvenile court, to assist with family reunification, and to ensure parents are adequately represented in child custody hearings. The office contracts with licensed attorneys to represent indigent parents and provides training and assistance for parental defense lawyers.

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $0 from all sources for Parental Defense. This is a 100 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $0 from the General/Education Funds, a reduction of 100 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Child Welfare Parental Defense ($1,700)$0

OngoingOne-TimeFinancing Source

($1,700)$0General Fund

Funds are used to contract with licensed attorneys to represent indigent parents and to provide training and assistance for parental defense lawyers.

Parental Defense Move to Finance Mandated ($103,700)$0

OngoingOne-TimeFinancing Source

($83,700)$0General Fund

($20,000)$0Dedicated Credits Revenue

($41,800)$0Beginning Nonlapsing

$41,800$0Closing Nonlapsing

Move Child Welfare and Parental Defense from EDO line item to new line item in Finance Mandated.

Statute

The following statutes govern operation of the office:

UCA 63A-11-103 creates the Office of Child Welfare Parental Defense within the Department of Administrative Services.

UCA 63A-11-104 requires the Department of Administrative Services to administer the program or contract with an outside administrator or attorney.

UCA 63A-11-105 gives the office the following duties:

Provide assistance and advice to parental defense attorneys
Develop and provide education and training programs to parental defense attorneys
Provide information and advice to help parental defense attorneys meet their professional, contractual, and ethical duties

UCA 63A-11-106 requires the director to report by October 1st each year to the governor and Child Welfare Legislative Oversight Panel regarding the preceding fiscal year of operations and submit a budget for the upcoming fiscal year.

UCA 63A-11-201 allows the office to contract with a qualified attorney to defend an indigent parent. Payment shall come from the Child Welfare Parental Defense Fund.

UCA 63A-11-202 outlines the duties of a contracted parental defense attorney.

UCA 63A-11-203 creates the nonlapsing Child Welfare Parental Defense Fund.

House Bill 268 (2004 General Session) created the Office of Child Welfare Parental Defense and transferred ongoing funds from the Department of Human Services to the Child Welfare Parental Defense Fund.

Intent Language

HB0003: Item 37

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Executive Director in Item 13, Chapter 11, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to customer service and Department optimization projects, shared services, IT security auditing and prevention, internal auditing, website maintenance, and marketing: $100,000; and, Child Welfare Parental Defense expenses: $75,000.

Display By:

Funding Source

Expenditure Category

Appropriation Type:

Appropriation History by

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	85,400	85,400	85,400	85,400	85,400	0	85,400	(85,400)	0
General Fund, One-time	(15,100)	0	0	0	0	0	0	0	0
Dedicated Credits Revenue	0	0	0	0	20,000	400	20,400	(20,400)	0
Beginning Nonlapsing	27,000	27,000	27,000	48,300	25,000	16,400	41,400	(41,400)	0
Closing Nonlapsing	(27,000)	(27,000)	(48,300)	(41,400)	(25,000)	(16,800)	(41,800)	41,800	0
Lapsing Balance	0	(18,500)	0	0	0	0	0	0	0
Total	$70,300	$66,900	$64,100	$92,300	$105,400	$0	$105,400	($105,400)	$0

Show Table | Show Additional Information

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
In-state Travel	0	(11,000)	0	0	2,000	(2,000)	0	0	0
Current Expense	70,300	77,900	64,100	92,300	103,400	2,000	105,400	(105,400)	0
Total	$70,300	$66,900	$64,100	$92,300	$105,400	$0	$105,400	($105,400)	$0

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.