FY 2016 Appropriation

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.

Additional information regarding the Division of Child and Family Services can be found on its official website found at: Utah Division of Child and Family Services

The Division of Services for People with Disabilities' most recent annual report can be found at: DCFS Annual Report 2014

Funding History

Funding Issues

Domestic Violence Shelters

This item was funded $300,000 ongoing and $393,500 one-time in the 2014 General Session. This funding provides $400,000 for Domestic Violence shelters ongoing. The funding will be divided up equally between all 13 non-profit domestic violence shelters in FY 2016. DCFS plans to implement a new funding formula in state FY 2017 and beyond. The funding is intended to provide basic life-saving and protection services of: safe shelter, case management, therapy, and children's services.
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $172,246,900 from all sources for Child and Family Services. This is a 2 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $115,577,600 from the General/Education Funds, an increase of 2.1 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

The following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Attorney General Dedicated Credit Adjustments$79,000$0
OngoingOne-TimeFinancing Source
$79,000$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$150,700$0
OngoingOne-TimeFinancing Source
$116,100$0General Fund
$34,600$0Federal Funds
Human Services - Background Checks & HB 145 - Vulnerable Adult Worker Amendments - "to enable background checks of employees working with vulnerable adults."
Child and Family Amendments$11,100$0
OngoingOne-TimeFinancing Source
$11,100$0General Fund
Enactment of this legislation likely will not materially impact state revenue. Assuming about 5 cases annually, enactment of this bill could create total ongoing costs of $25,000 from the General Fund for the following agencies beginning in FY 2016: 1. Courts - $5,300 - for processing hearings, 2. Attorney General - $4,900 - for attorney representation, and 3. Guardian ad Litem (GAL) - $3,700 - for attorney representation, and 4. Division of Child and Family Services (DCFS) - $11,100 - for evaluations.
DCFS Legal Fees$0$28,000
OngoingOne-TimeFinancing Source
$0$28,000General Fund, One-time
DCFS Legal Fees - "to implement a favorable Board of Examiners' recommendation." The Board of Examiners (Governor, Attorney General, State Auditor) sent a letter to the Senate President and Speaker of the House. The letter stated the following: "Pursuant to Utah Code Ann. Section 63G-9-1 0 1 etc. seq. , this letter reports to the Legislature the recommendation of the Board of Examiners for claims filed against the state for which funds have not been provided . . . The Board reviewed the report provided by Doug and Janet McLain for foster care adoption expenses and recommends payment in the amount of $27,568.25."
Domestic Violence Shelters$400,000$0
OngoingOne-TimeFinancing Source
$400,000$0General Fund
$0$0General Fund, One-time
This item was funded $300,000 ongoing and $393,500 one-time in the 2014 General Session. This funding provides $400,000 for Domestic Violence shelters ongoing. The funding will be divided up equally between all 13 non-profit domestic violence shelters in FY 2016. DCFS plans to implement a new funding formula in state FY 2017 and beyond. The funding is intended to provide basic life-saving and protection services of: safe shelter, case management, therapy, and children's services.
DV Shelters - Lethality Assessment$0$693,500
OngoingOne-TimeFinancing Source
$0$693,500General Fund, One-time
The Lethality Assessment Project (LAP) was developed in Maryland and "has proven to save lives. From 2006 to 2010, Maryland reduced domestic violence homicides by 30%." The LAP will increase the demand for shelter and services by directing high-risk domestic violence victims to the Domestic Violence Nonprofits across the state. These funds will assist in partnering with local law enforcement and accommodate the increase in clients. Based on research by Dr. Jacquelyn Campbell of The Johns Hopkins University School of Nursing, the LAP is designed to prevent domestic violence homicides, serious injury, and re-assault through partnering with law enforcement and encouraging more victims to utilize the support and shelter services of domestic violence programs. The LAP features a research based lethality screening tool and an accompanying protocol referral that provides direction for law enforcement, and domestic violence nonprofits personal to initiate appropriate action based on the results of the screening process. Some statistics relevant to this pilot project include: Only 4% of domestic violence murder victims ever participated in domestic violence service programs. In 50% of domestic violence related homicides, officers had previously responded to the scene. Re-assault of domestic violence victims in high danger was reduced by 60% if they went into shelter.
Fed Medical Assistance % Rate Change$29,000$0
OngoingOne-TimeFinancing Source
$65,500$0General Fund
($36,500)$0Federal Funds
The Federal Medical Assistance Percentage (FMAP) represents the federal share of the programmatic costs for Medicaid and federal Title IV-E (of the Social Security Act) programs. Title IV-E funds are used to support foster care and adoption assistance in the Division of Child and Family Services. The federal government utilizes a formula to determine its annual percent of FMAP. The projected FMAP rate for State Fiscal Year 2016 for Utah is 70.32 percent. This represents a 0.185 percent decrease from the State Fiscal Year 2015 FMAP rate. Of the $537,100 total FMAP rate change, $431,200 or 80 percent is within the Division of Services for People with Disabilities.
Mental Health Services Rates - DCFS$621,100$0
OngoingOne-TimeFinancing Source
$621,100$0General Fund
DHS - DCFS Mental Health Services Rates - Division of Child and Family Services (DCFS) and Division of Juvenile Justice Services (DJJS) mental health rates are lower than Medicaid rates due to two reductions taken in FY10 and FY11. Medicaid also added the requirement these contract providers use a more complex enrollment and bill directly through the Medicaid payment system (presented in the 2/14/13 Social Services Appropriations Subcommittee meeting). The Legislature funded part of this difference during its 2014 General Session: $559,600 to DCFS ($390,600 General Fund) and $439,600 to DJJS ($306,900 General Fund). How Measure Success? 1. Did children in foster care receive mental health assessments in required time frames (SAFE Measure) 2. Is the child making reasonable progress toward stable and adequate functioning emotionally and behaviorally, at home and at school? (Qualitative Case Review Measure)
Supplemental Federal Funds Adjustment - Human Services$0$1,402,900
OngoingOne-TimeFinancing Source
$0$1,402,900Federal Funds
No Description
Staff Analysis

Separate tables are shown under the tab labeled "Financials" in each COBI section. These tables provide information regarding: 1) funding sources (where the money comes from), 2) standardized state expenditure categories (where the money goes), and 3) agency sub-programs (when viewed at the line item level). For the most recent completed fiscal year, the following information represents the purposes for which the money was used:

DCFS operates six major programs. The following table shows direct costs of each of these six programs, including personnel, travel, current expense, and passthrough payments to providers. The administrative overhead for the state office and the MIS computer system were not allocated to the programs but are shown on the last line.

DCFS Direct Cost of Major Programs

The six major programs operated by DCFS include:

  • Out-of-Home (Foster Care) - housing, maintenance, and health care services for children who are removed from their homes and in DCFS custody. Includes payments for all levels of care from basic foster homes to residential facilities and institutions.
  • Adoption Services - monthly or onetime subsidies paid to families who adopt a foster child.
  • Child Protective Services - services provided by DCFS to investigate allegations of abuse, neglect, or dependency of children
  • In-Home Services - services provided to children at risk of abuse, neglect, or dependency and families who are at risk of being separated by an out-of-home placement
  • Domestic Violence - outreach and case management services provided to domestic violence victims and their dependent children through contracted family violence shelters and community services
  • Child Abuse Prevention - preventative services through contracted providers and community-based organizations that help families resolve conflicts and behavioral or emotional concerns

DCFS Administration Detailed Purposes

DCFS Service Delivery Detailed Purposes

DCFS In-home Services Detailed Purposes

DCFS Out of Home Services Detailed Purposes

DCFS Facility-based Services Detailed Purposes

DCFS Minor Grants Detailed Purposes

DCFS Selected Programs

DCFS Special Needs Detailed Purposes

DCFS Domestic Violence Detailed Purposes

DCFS Children's Account Detailed Purposes

DCFS Adoption Assistance Detailed Purposes

DCFS Child Welfare Management Information System Detailed Purposes

The following table shows FY 2014 expenditures by category provided through outside entities for the Division of Child and Family Services.

DCFS Expenditures by Category

In FY 2014 there were 5,619 community providers delivering services on behalf of the Division of Child and Family Services. Of the 5,619, 40 providers delivered 51 percent of the total amount expended on these services as the following table shows.

DCFS Top 40 Community Providers

Child and Family Services Processes and Procedures

DCFS SAFE Modernization Progress Report

1% Foster Care Rate Increase Analysis

HomeWorks Program

Performance measures can be found at the individual program level.

Statute

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
  • 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

HB0003: Item 92

Under Section 63J-1-603 of the Utah Code, the Legislature intends that any remaining funds provided for the Division of Child and Family Services, in Item 41, Chapter 13, Laws of Utah 2014 not lapse at the close of FY 2015. The Legislature further intends that these non-lapsing funds are to be used for Adoption Assistance, Out of Home Care, Service Delivery, In-Home Services, Special Needs, and SAFE Management Information System modernization consistent with the requirements found at UCA 63J-1-603(3)(b).

SB0002: Item 85

The Legislature intends the Department of Human Services' Division of Child and Family Services use nonlapsing state funds originally appropriated for Adoption Assistance non-IV-E monthly subsidies for any children that were not initially Title IV-E eligible in foster care, but that now qualify for Title IV-E adoption assistance monthly subsidies under eligibility exception criteria specified in P.L. 112-34 [Social Security Act Section 473(e)]. These funds shall only be used for child welfare services allowable under Title IV-B or Title IV-E of the Social Security Act consistent with the requirements found at UCA 63J-1-603(3)(b).

SB0002: Item 85

The Legislature intends to reinvest non-lapsing state funds originally appropriated for Out of Home Care to enhance Service Delivery or In-Home Services consistent with the requirements found at UCA 63J-1-603(3)(b). The purpose of this reinvestment of funds is to increase capacity to keep children safely at home and reduce the need for foster care, in accordance with Utah's Child Welfare Demonstration Project authorized under Section 1130 of the Social Security Act (Act) (42 U.S.C. 1320a-9), which grants a waiver for certain foster care funding requirements under Title IV-E of the Act. These funds shall only be used for child welfare services allowable under Title IV-B or Title IV-E of the Act.

SB0007S01: Item 30

The Legislature intends that the Department of Human Services report on the following performance measures for the Child and Family Services line item: (1) Administrative Performance: Percent satisfactory outcomes on qualitative case reviews/system performance (Target = 85%/85%), (2) Child Protective Services:  Absence of maltreatment recurrence within 6 months (Target = 94.6%), and (3) Out of home services: Percent of children reunified within 12 months (Target = 74.2%) by January 1, 2016 to the Social Services Appropriations Subcommittee.

There are two restricted accounts that are used in connection with the Division of Child and Family Services: 1) Victims of Domestic Violence Services Account and 2) Children's Account. A five year history of each account is shown here:

Domestic Violence Services Account

Children's Account

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

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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.