H.B. 164 Enrolled

CHILDREN AND YOUTH AT RISK AMENDMENTS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Beverly Ann Evans
Gerry A. Adair
Sheryl L. Allen
Ron Bigelow
Judy Ann Buffmire
Marda Dillree
Lloyd W. Frandsen
J. Brent Haymond
Neal B. Hendrickson
Keele Johnson
Susan J. Koehn
Patricia B. Larson
Nora B. Stephens
Jordan Tanner
A. Lamont Tyler

AN ACT RELATING TO CHILDREN AND YOUTH AT RISK; MODIFYING THE
MEMBERSHIP OF THE FAMILIES, AGENCIES, AND COMMUNITIES TOGETHER
STATE COUNCIL TO INCLUDE THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT OF WORKFORCE SERVICES; PROVIDING FOR A WORKFORCE
SERVICES REPRESENTATIVE ON THE FAMILIES, AGENCIES, AND
COMMUNITIES TOGETHER STEERING COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
63-75-2, as last amended by Chapter 136, Laws of Utah 1996
63-75-4, as last amended by Chapters 136 and 243, Laws of Utah 1996
63-75-5 (Effective 07/01/97), as last amended by Chapter 136, 240, 243, and 318, Laws
of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 63-75-2 is amended to read:
63-75-2. Purpose of chapter.
(1) It is declared that the policy of the state is to unite the Department of Human Services,
the State Office of Education, the Department of Health, [and] the Office of the Court
Administrator, and the Department of Workforce Services to develop and implement
comprehensive systems of services and supports for children and youth at risk and their families.
(2) It is the intent of the Legislature that service delivery systems developed under this

chapter shall require collaboration between existing state and local agencies and between public,
private, and voluntary agencies to enhance their capacity to meet community needs.
Section 2. Section 63-75-4 is amended to read:
63-75-4. Families, Agencies, and Communities Together State Council -- Composition
-- Duties -- Interagency case management team.
(1) There is created within state government the Families, Agencies, and Communities
Together State Council composed of:
(a) the state superintendent of public instruction;
(b) the executive director of the Department of Health;
(c) the executive director of the Department of Human Services; [and]
(d) the state court administrator; and
(e) the executive director of the Department of Workforce Services.
(2) (a) The council shall annually elect a chair from its membership.
(b) All members of the council are necessary to constitute a quorum at any meeting.
(c) The action of a majority of a quorum is the action of the council.
(d) The council shall meet quarterly or more frequently as determined by the chair.
(3) (a) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the council at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
(b) State government officer and employee members may decline to receive per diem and
expenses for their service.
(4) The council shall:
(a) provide leadership to increase and enhance efficient and effective services to Utah's
children and youth at risk by:
(i) cooperatively planning, funding, monitoring, evaluating, and marketing innovative and
individualized service delivery and funding strategies;
(ii) recommending legislative, executive, and judicial policy and procedural changes,

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including joint budget proposals as described in Section 63-38-2;
(iii) developing incentives and strategies to increase family involvement, collaboration, and
public-private partnerships in the planning and delivery of services at the state and local level;
(iv) promoting prevention and early intervention services;
(v) increasing public understanding of and advocating for the needs of Utah's children and
youth who are at risk; and
(vi) establishing policies to remove administrative barriers to collaboration in communities;
(b) compile and disseminate information regarding effective service delivery and funding
strategies for replication;
(c) receive and act upon recommendations of the steering committee;
(d) approve the establishment of collaborative service delivery systems under Section
63-75-6.5 and adopt performance goals for those systems;
(e) recommend to the governor[, beginning with fiscal year 1997-98 and] for each fiscal
year [thereafter,] funds contained in an agency's base budget and building block request that can
be identified for collaborative service delivery systems established under Section 63-75-6.5; and
(f) (i) develop model administrative and governance structures to be established by
communities that at least:
(A) ensure accountability for public funds;
(B) are voluntarily adopted and modified by communities, based on community needs;
(C) ensure collaboration on matters of policy and administrative processes in operating
programs under this chapter between the state, school districts, and counties;
(D) establish a board consisting of heads of state and local government agencies, private
agencies, and school districts that provide services under this chapter; and
(E) ensure equity in the scope, duration, and level of services throughout a prescribed
geographical area;
(ii) the council may, through contracts that provide funding for programs under this chapter,
give incentives to communities to establish an administrative and governance structure that meets
the requirements of Subsection (i) and to designate the geographical area within which that

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administrative and governance structure will operate; and
(g) report to the governor and the Legislature on an annual basis.
(5) The council shall ensure that projects selected under Section 63-75-6 have outcomes
that:
(a) focus all project activities on the prevention of academic failure and social misbehaviors;
(b) involve parents in planning, implementation, and evaluation of services;
(c) allow frequent opportunities for planning between teachers, parents, school
administrators, and representatives of agencies that provide services; and
(d) provide frequent monitoring and assessment of each child's and youth's progress.
(6) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
council shall make rules to ensure cooperative development of individualized and coordinated
service plans by local interagency councils and case management teams for children or youth at risk
and their families who receive services under this chapter.
(b) For purposes of developing and implementing individualized and coordinated plans, the
members of the local interagency councils and case management teams shall be considered to be
employees of each agency represented on the team and entitled to review and discuss agency records
as necessary in planning and providing services under a plan.
(c) Records shared by the teams remain the property of the supplying agency and may not
be incorporated in the records of another agency unless transferred in accordance with standard
procedures for transfer of records of the type in question.
Section 3. Section 63-75-5 (Effective 07/01/97) is amended to read:
63-75-5 (Effective 07/01/97). Steering committee -- Membership -- Duties.
(1) There is established a Families, Agencies, and Communities Together Steering
Committee.
(2) The steering committee shall include at least 19 voting members as follows:
(a) the director of the Division of Health Care Financing within the Department of Health;
(b) a representative annually designated by the Council of Mental Health Programs;
(c) the director of the Division of Substance Abuse within the Department of Human

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Services;
(d) the director of the Division of Youth Corrections within the Department of Human
Services;
(e) the state director of special education;
(f) the person responsible for programs for at risk students within the Utah State Office of
Education, if that person is not the state director of special education;
(g) the Juvenile Court Administrator;
(h) a representative annually designated by substance abuse directors;
(i) the director of the Division of Child and Family Services within the Department of
Human Services;
(j) the director of the Division of Mental Health within the Department of Human Services;
(k) the director of family health services programs;
(l) a representative annually designated by the Utah School Superintendents Association;
(m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
(n) a representative annually designated by the local health officers;
(o) [the director of the Division of Employment Development] a representative annually
designated by the executive director of the Department of Workforce Services;
(p) three at-large members appointed by a majority of the committee to four-year terms,
who represent a statewide perspective on children and youth issues; and
(q) parent representatives appointed by members specified in Subsections (a) through (p).
(3) Additional members may be selected by a majority of the committee to serve as voting
members for four-year terms.
(4) (a) Except as required by Subsection (b), as terms of current at-large committee
members expire, the committee shall appoint each new member or reappointed member to a
four-year term.
(b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time of
appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
committee members are staggered so that approximately half of the at-large committee members

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are appointed every two years.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) The members shall annually elect a chair and vice chair.
(7) A majority of committee members are necessary to constitute a quorum and to transact
the business of the committee.
(8) (a) (i) Members who are not government employees [shall] may not receive [no]
compensation or benefits for their services, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance under
Sections 63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per
diem, or expenses from their agency for their service may receive per diem and expenses incurred
in the performance of their official duties from the committee at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) (i) Local government members who do not receive salary, per diem, or expenses from
the entity that they represent for their service may receive per diem and expenses incurred in the
performance of their official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Local government members may decline to receive per diem and expenses for their
service.
(9) The committee shall:
(a) assist the council in fulfilling its duties set out in Section 63-75-4;
(b) monitor, solicit input for policy changes, and provide technical assistance to local
collaborative programs; and
(c) report any formal recommendations to the council.

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Section 4. Effective date.
This act takes effect on July 1, 1997.

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