COBI 2015 - Legal Affairs

Overview
Issues
Performance
Financials

Sources Uses

FY 2016 Appropriation

The Legal Affairs Program consists of the following offices:

The Office of Legal Affairs includes Attorney General costs for the department. Currently there are two full time attorneys dedicated to department issues whose personnel costs are budgeted in the Office of the Attorney General and billed to DHS.

Administrative Hearings conducts hearings required by state and federal law where persons may appeal decisions of administrative agencies in the department. Among the programs served are child abuse or neglect findings, child support enforcement, foster parent due process and licensing, and disciplinary proceedings by the Division of Juvenile Justice Services.

The Office of Public Guardian was created by the 1999 Legislature (UCA 62A-14). It provides guardianship and conservator services to legally incapacitated adults who have no willing and responsible family or friends to serve as guardians or conservators. The primary tasks of the office are to prepare documentation, evaluate, and assist the court process in establishing these functions for its clients. Office staff act as case managers by organizing residential accommodations, overseeing health care needs, and managing the finances and real personal property of wards. As resources are limited, services are focused on incapacitated adults who are in life-threatening situations and adults who are being abused, neglected, or exploited. The office is also responsible to educate the public of its role and in general about guardians and conservators.

Additional information regarding the Utah Guardian and Conservator program can be found on its official website found at: Utah Guardian and Conservator program

Funding History

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $1,445,200 from all sources for Legal Affairs. This is a 2.4 percent reduction from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $890,900 from the General/Education Funds, a reduction of 2.1 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 Attorney General Dedicated Credit Adjustments$19,900$0

OngoingOne-TimeFinancing Source

$10,000$0General Fund

$9,900$0Federal Funds

This item designates additional funding appropriated to an agency to pay higher costs for Attorney General services, due to statewide and AG-specific compensation increases.

Background Checks/HB 145 Vulnerable Adult Workers$6,100$0

OngoingOne-TimeFinancing Source

$6,100$0General Fund

Human Services - Background Checks & HB 145 - Vulnerable Adult Worker Amendments - "to enable background checks of employees working with vulnerable adults."

Staff Analysis

For the most recent completed fiscal year, the following information represents the purposes for which the money was used:

Legal Affairs Detailed Purposes

The Office of Public Guardian is required to provide services statewide. With regard to the distribution of funds for guardian services, no funds are distributed. Instead guardians and guardian services are funded as requested throughout the state. Services are based on request.

Administrative Hearings Held

Number of people provided with guardianship and conservatorship services

Regarding the negative trend greater than 5% of its Administrative Hearings Held performance measure, the agency states, "Administrative Hearings Held decreased for FY2014, but the number of requests did not decrease materially (8 less than FY13), therefore the office workload did not decrease substantially. The decrease in hearings is attributable to requests being unsubstantiated or retracted, and Administrative Hearings being found to have no jurisdiction in some cases. The two performance measures work together."

Intent Language

HB0003: Item 88

The Legislature intends the Department of Human Services and the Department of Human Resource Management provide information to the Office of the Legislative Fiscal Analyst no later than June 1, 2015 regarding the following: 1) a listing of programs throughout the Department of Human Services by agency and by program documenting where drug testing of job applicants is taking place as well as where drug testing of job applicants is not currently taking place and 2) any formal or informal state policies regarding the use or discouragement of drug testing of job applicants.

HB0003: Item 88

The Legislature intends that the Department of Human Services prepare proposed performance measures for all new state funding or TANF federal funds for building blocks and give this information to the Office of the Legislative Fiscal Analyst by June 30, 2015. At a minimum the proposed measures should include those presented to the Subcommittee during the requests for funding. If the same measures are not included, a detailed explanation as to why should be included. The Department of Human Services shall provide its first report on its performance measures to the Office of the Legislative Fiscal Analyst by October 31, 2015. The Office of the Legislative Fiscal Analyst shall give this information to the legislative staff of the Health and Human Services Interim Committee.

HB0003: Item 88

The Legislature intends the departments of Health, Human Services, and Workforce Services and the Utah State Office of Rehabilitation provide to the Office of the Legislative Fiscal Analyst by June 1, 2015 a report outlining how funds are distributed within the state when passed through to local government entities or allocated to various regions and how often these distributions are reviewed and altered to reflect the relevant factors associated with the programs. (1) Is the program considered a statewide program (this would include something that serves all rural areas)? a. Is the implementation of the program really statewide? If not, is there a compelling reason why? (2) Who gets the money (by county)? (3) What is the methodology for distributing the money? a. How does the distribution compare to actual need as expressed by population? i. [If distributions are not reflecting current need (as represented by population), please explain why not?] b. If not done by population, what is the reason? (4) Does statute say anything about distribution and equity for the program?

SB0002: Item 81

The Legislature intends the Department of Human Services (DHS) report to the Office of the Legislative Fiscal Analyst by September 1, 2015 regarding its efforts and progress in addressing each specific recommendation contained in the Office of the Legislative Auditor General's "An In-Depth Budget Review of the Department of Human Services" (No. 2014-09) released in October of 2014. If there are any recommendations DHS is not addressing, the Legislature further intends DHS explain why it is not addressing those recommendations. The Legislature further intends DHS identify specific savings resulting from its process improvement efforts.

SB0002: Item 81

The Legislature intends the Departments of Workforce Services, Health, Human Services, and the Utah State Office of Rehabilitation provide a report regarding each agency's highest cost individuals and possible efficiencies through coordination, early intervention, and prevention. The Legislature further intends these agencies provide a report to the Office of the Legislative Fiscal Analyst by September 1, 2015. The report shall include the following regarding high cost individuals: 1) a summary, by program, of individuals receiving services in excess of $100,000 total fund annually in any given agency, what percentage of total costs is spent on these individuals, and what the agency is doing to manage these costs in an efficient manner, 2) an assessment of these high cost individuals receiving services from multiple agencies, 3) a description of agency coordination regarding high cost individuals accompanied by a list of areas where agencies specifically coordinate on these high cost individuals, 4) recommendations regarding how best to serve these high cost individuals in least restrictive settings where appropriate and consistent with choice, and 5) recommendation on how agency efforts might better be coordinated across programs.

SB0003: Item 129

The $300,000 in federal funds appropriated for the Marriage Commission in the Department of Human Services in the Executive Director Operations line item is dependent upon the availability of and qualification for the Marriage Commission for Temporary Assistance for Needy Families federal funds.

SB0003: Item 129

Under Section 63J-1-603 of the Utah Code the Legislature intends that up to $75,000 funds provided by Item 37, Chapter 13, Laws of Utah 2014 not otherwise designated as nonlapsing to the Department of Human Services - Executive Director Operations line item shall not lapse at the close of Fiscal Year 2015. The use of any nonlapsing funds is for respite care for individuals with disabilities in the Division of Services for People with Disabilities.

SB0007S01: Item 26

The Legislature intends that the Department of Human Services report on the following performance measures for the Executive Director Operations line item: (1) Corrected department-wide reported fiscal issues - per reporting process and June 30 quarterly report involving Bureaus of Finance and Internal Review and Audit (Target = 70%), (2) Percentage of initial foster care homes licensed within 3 months of training completion (Target = 60%), and (3) double-read (reviewed) Case Process Reviews will be accurate in The Office of Service Review (Target = 90%) by January 1, 2016 to the Social Services Appropriations Subcommittee.

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	769,100	800,600	804,800	829,800	832,300	75,500	907,800	(20,400)	887,400
General Fund, One-time	0	0	0	1,200	2,300	0	2,300	1,200	3,500
Federal Funds	156,500	192,600	178,600	231,000	184,800	4,400	189,200	4,000	193,200
Transfers	0	0	0	0	0	0	0	7,800	7,800
Transfers - Indirect Costs	81,100	0	122,000	105,000	162,400	(54,400)	108,000	0	108,000
Transfers - Medicaid	297,900	251,700	247,000	267,800	264,800	8,400	273,200	(27,900)	245,300
Transfers - Within Agency	0	102,400	0	0	0	0	0	0	0
Lapsing Balance	(5,100)	(28,600)	(100)	(2,200)	0	0	0	0	0
Total	$1,299,500	$1,318,700	$1,352,300	$1,432,600	$1,446,600	$33,900	$1,480,500	($35,300)	$1,445,200

Categories of Expenditure	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Personnel Services	963,900	919,900	960,900	1,036,000	1,024,500	55,200	1,079,700	49,200	1,128,900
In-state Travel	7,200	9,200	6,500	8,300	6,500	1,900	8,400	(200)	8,200
Out-of-state Travel	0	900	2,800	2,600	2,800	(100)	2,700	600	3,300
Current Expense	82,700	158,500	161,600	177,700	188,500	(10,700)	177,800	(95,100)	82,700
DP Current Expense	70,300	64,800	50,600	42,100	54,400	(12,400)	42,000	4,100	46,100
DP Capital Outlay	6,000	0	0	0	0	0	0	0	0
Other Charges/Pass Thru	169,400	165,400	169,900	165,900	169,900	0	169,900	6,100	176,000
Total	$1,299,500	$1,318,700	$1,352,300	$1,432,600	$1,446,600	$33,900	$1,480,500	($35,300)	$1,445,200

Show Table | Show Additional Information

Other Indicators	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
Budgeted FTE	9	9	9.50	9.50	9.73	(0.13)	9.60	0	9.60
Actual FTE	8.95	8.60	9	9.50	0	0	0	0	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.