H.B. 164

1

CHILDREN AND YOUTH AT RISK AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Beverly Ann Evans
5 Gerry A. Adair
6 Sheryl L. Allen
7 Ron Bigelow
8 Judy Ann Buffmire
9 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

10 AN ACT RELATING TO CHILDREN AND YOUTH AT RISK; MODIFYING THE
11 MEMBERSHIP OF THE FAMILIES, AGENCIES, AND COMMUNITIES TOGETHER
12 STATE COUNCIL TO INCLUDE THE EXECUTIVE DIRECTOR OF THE DEPARTMENT
13 OF WORKFORCE SERVICES; PROVIDING FOR A WORKFORCE SERVICES
14 REPRESENTATIVE ON THE FAMILIES, AGENCIES, AND COMMUNITIES TOGETHER
15 STEERING COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
16 This act affects sections of Utah Code Annotated 1953 as follows:
17 AMENDS:
18 63-75-2, as last amended by Chapter 136, Laws of Utah 1996
19 63-75-4, as last amended by Chapters 136 and 243, Laws of Utah 1996
20 63-75-5 (Effective 07/01/97), as last amended by Chapter 136, 240, 243, and 318, Laws of
21 Utah 1996
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63-75-2 is amended to read:
24 63-75-2. Purpose of chapter.
25 (1) It is declared that the policy of the state is to unite the Department of Human Services,
26 the State Office of Education, the Department of Health, [and] the Office of the Court
27 Administrator, and the Department of Workforce Services to develop and implement
28 comprehensive systems of services and supports for children and youth at risk and their families.

1 (2) It is the intent of the Legislature that service delivery systems developed under this
2 chapter shall require collaboration between existing state and local agencies and between public,
3 private, and voluntary agencies to enhance their capacity to meet community needs.
4 Section 2. Section 63-75-4 is amended to read:
5 63-75-4. Families, Agencies, and Communities Together State Council --
6 Composition -- Duties -- Interagency case management team.
7 (1) There is created within state government the Families, Agencies, and Communities
8 Together State Council composed of:
9 (a) the state superintendent of public instruction;
10 (b) the executive director of the Department of Health;
11 (c) the executive director of the Department of Human Services; [and]
12 (d) the state court administrator; and
13 (e) the executive director of the Department of Workforce Services.
14 (2) (a) The council shall annually elect a chair from its membership.
15 (b) All members of the council are necessary to constitute a quorum at any meeting.
16 (c) The action of a majority of a quorum is the action of the council.
17 (d) The council shall meet quarterly or more frequently as determined by the chair.
18 (3) (a) State government officer and employee members who do not receive salary, per
19 diem, or expenses from their agency for their service may receive per diem and expenses incurred
20 in the performance of their official duties from the council at the rates established by the Division
21 of Finance under Sections 63A-3-106 and 63A-3-107.
22 (b) State government officer and employee members may decline to receive per diem and
23 expenses for their service.
24 (4) The council shall:
25 (a) provide leadership to increase and enhance efficient and effective services to Utah's
26 children and youth at risk by:
27 (i) cooperatively planning, funding, monitoring, evaluating, and marketing innovative and
28 individualized service delivery and funding strategies;
29 (ii) recommending legislative, executive, and judicial policy and procedural changes,
30 including joint budget proposals as described in Section 63-38-2;
31 (iii) developing incentives and strategies to increase family involvement, collaboration,

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1 and public-private partnerships in the planning and delivery of services at the state and local level;
2 (iv) promoting prevention and early intervention services;
3 (v) increasing public understanding of and advocating for the needs of Utah's children and
4 youth who are at risk; and
5 (vi) establishing policies to remove administrative barriers to collaboration in
6 communities;
7 (b) compile and disseminate information regarding effective service delivery and funding
8 strategies for replication;
9 (c) receive and act upon recommendations of the steering committee;
10 (d) approve the establishment of collaborative service delivery systems under Section
11 63-75-6.5 and adopt performance goals for those systems;
12 (e) recommend to the governor[, beginning with fiscal year 1997-98 and] for each fiscal
13 year [thereafter,] funds contained in an agency's base budget and building block request that can
14 be identified for collaborative service delivery systems established under Section 63-75-6.5; and
15 (f) (i) develop model administrative and governance structures to be established by
16 communities that at least:
17 (A) ensure accountability for public funds;
18 (B) are voluntarily adopted and modified by communities, based on community needs;
19 (C) ensure collaboration on matters of policy and administrative processes in operating
20 programs under this chapter between the state, school districts, and counties;
21 (D) establish a board consisting of heads of state and local government agencies, private
22 agencies, and school districts that provide services under this chapter; and
23 (E) ensure equity in the scope, duration, and level of services throughout a prescribed
24 geographical area;
25 (ii) the council may, through contracts that provide funding for programs under this
26 chapter, give incentives to communities to establish an administrative and governance structure
27 that meets the requirements of Subsection (i) and to designate the geographical area within which
28 that administrative and governance structure will operate; and
29 (g) report to the governor and the Legislature on an annual basis.
30 (5) The council shall ensure that projects selected under Section 63-75-6 have outcomes
31 that:

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1 (a) focus all project activities on the prevention of academic failure and social
2 misbehaviors;
3 (b) involve parents in planning, implementation, and evaluation of services;
4 (c) allow frequent opportunities for planning between teachers, parents, school
5 administrators, and representatives of agencies that provide services; and
6 (d) provide frequent monitoring and assessment of each child's and youth's progress.
7 (6) (a) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
8 the council shall make rules to ensure cooperative development of individualized and coordinated
9 service plans by local interagency councils and case management teams for children or youth at
10 risk and their families who receive services under this chapter.
11 (b) For purposes of developing and implementing individualized and coordinated plans,
12 the members of the local interagency councils and case management teams shall be considered to
13 be employees of each agency represented on the team and entitled to review and discuss agency
14 records as necessary in planning and providing services under a plan.
15 (c) Records shared by the teams remain the property of the supplying agency and may not
16 be incorporated in the records of another agency unless transferred in accordance with standard
17 procedures for transfer of records of the type in question.
18 Section 3. Section 63-75-5 (Effective 07/01/97) is amended to read:
19 63-75-5 (Effective 07/01/97). Steering committee -- Membership -- Duties.
20 (1) There is established a Families, Agencies, and Communities Together Steering
21 Committee.
22 (2) The steering committee shall include at least 19 voting members as follows:
23 (a) the director of the Division of Health Care Financing within the Department of Health;
24 (b) a representative annually designated by the Council of Mental Health Programs;
25 (c) the director of the Division of Substance Abuse within the Department of Human
26 Services;
27 (d) the director of the Division of Youth Corrections within the Department of Human
28 Services;
29 (e) the state director of special education;
30 (f) the person responsible for programs for at risk students within the Utah State Office
31 of Education, if that person is not the state director of special education;

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1 (g) the Juvenile Court Administrator;
2 (h) a representative annually designated by substance abuse directors;
3 (i) the director of the Division of Child and Family Services within the Department of
4 Human Services;
5 (j) the director of the Division of Mental Health within the Department of Human
6 Services;
7 (k) the director of family health services programs;
8 (l) a representative annually designated by the Utah School Superintendents Association;
9 (m) a juvenile court judge designated by the presiding officer of the state Judicial Council;
10 (n) a representative annually designated by the local health officers;
11 (o) [the director of the Division of Employment Development] a representative annually
12 designated by the executive director of the Department of Workforce Services;
13 (p) three at-large members appointed by a majority of the committee to four-year terms,
14 who represent a statewide perspective on children and youth issues; and
15 (q) parent representatives appointed by members specified in Subsections (a) through (p).
16 (3) Additional members may be selected by a majority of the committee to serve as voting
17 members for four-year terms.
18 (4) (a) Except as required by Subsection (b), as terms of current at-large committee
19 members expire, the committee shall appoint each new member or reappointed member to a
20 four-year term.
21 (b) Notwithstanding the requirements of Subsection (a), the committee shall, at the time
22 of appointment or reappointment, adjust the length of terms to ensure that the terms of at-large
23 committee members are staggered so that approximately half of the at-large committee members
24 are appointed every two years.
25 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
26 appointed for the unexpired term.
27 (6) The members shall annually elect a chair and vice chair.
28 (7) A majority of committee members are necessary to constitute a quorum and to transact
29 the business of the committee.
30 (8) (a) (i) Members who are not government employees [shall] may not receive [no]
31 compensation or benefits for their services, but may receive per diem and expenses incurred in the

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1 performance of the member's official duties at the rates established by the Division of Finance
2 under Sections 63A-3-106 and 63A-3-107.
3 (ii) Members may decline to receive per diem and expenses for their service.
4 (b) (i) State government officer and employee members who do not receive salary, per
5 diem, or expenses from their agency for their service may receive per diem and expenses incurred
6 in the performance of their official duties from the committee at the rates established by the
7 Division of Finance under Sections 63A-3-106 and 63A-3-107.
8 (ii) State government officer and employee members may decline to receive per diem and
9 expenses for their service.
10 (c) (i) Local government members who do not receive salary, per diem, or expenses from
11 the entity that they represent for their service may receive per diem and expenses incurred in the
12 performance of their official duties at the rates established by the Division of Finance under
13 Sections 63A-3-106 and 63A-3-107.
14 (ii) Local government members may decline to receive per diem and expenses for their
15 service.
16 (9) The committee shall:
17 (a) assist the council in fulfilling its duties set out in Section 63-75-4;
18 (b) monitor, solicit input for policy changes, and provide technical assistance to local
19 collaborative programs; and
20 (c) report any formal recommendations to the council.
21 Section 4. Effective date.
22 This act takes effect on July 1, 1997.




Legislative Review Note
as of 11-20-96 3:40 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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Committee Note

The Education Interim Committee recommended this bill.

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