First Substitute H.B. 178

1

FOSTER CARE CITIZEN REVIEW BOARD AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Nora B. Stephens
5 AN ACT RELATING TO THE JUDICIAL CODE, REGARDING ABUSE, NEGLECT, AND
6 DEPENDENCY PROCEEDINGS; MAKING PILOT PROJECT REGARDING FOSTER
7 CARE CITIZEN REVIEW BOARDS PERMANENT AND STATEWIDE;
8 REESTABLISHING THE RESPONSIBILITIES OF THOSE BOARDS AND OF THE
9 STEERING COMMITTEE; CLARIFYING THE USE OF FOSTER CARE CITIZEN REVIEW
10 BOARD REPORTS; GRANTING RULEMAKING AUTHORITY; AND PROVIDING AN
11 EFFECTIVE DATE.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 63-55-278, as last amended by Chapters 24 and 355, Laws of Utah 1995
15 78-3a-312, as last amended by Chapter 318, Laws of Utah 1996
16 78-3a-313, as enacted by Chapter 260, Laws of Utah 1994
17 78-3a-314, as last amended by Chapters 1 and 318, Laws of Utah 1996
18 78-3g-101, as last amended by Chapter 318, Laws of Utah 1996
19 78-3g-102, as last amended by Chapter 355, Laws of Utah 1995
20 REPEALS AND REENACTS:
21 78-3g-103, as last amended by Chapter 355, Laws of Utah 1995
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 63-55-278 is amended to read:
24 63-55-278. Repeal dates, Title 78.
25 (1) The Office of the Court Administrator, created in Section 78-3-23, is repealed July 1,
26 2002.
27 (2) Title 78, Chapter 56, Court Reporters and Stenographers, is repealed July 1, 1997.

1 (3) Foster care citizen review [Panel Pilot Project] boards and steering committee, created
2 in [Sections 78-3g-101, 78-3g-102, and 78-3g-103, is] Title 78, Chapter 3g, are repealed [April]
3 July 1, [1997] 2007.
4 (4) Alternative Dispute Resolution Act, created in Title 78, Chapter 31b, is repealed July
5 1, 1997.
6 Section 2. Section 78-3a-312 is amended to read:
7 78-3a-312. Dispositional review hearing -- Permanency plan.
8 (1) A dispositional review hearing shall be held by the court no later than 12 months after
9 the original removal of the child.
10 (2) (a) If reunification services were ordered by the court in accordance with Section
11 78-3a-311, the court shall order that the child be returned to the custody of his parent unless it
12 finds, by a preponderance of the evidence, that return of the child would create a substantial risk
13 of detriment to his physical or emotional well-being. The failure of a parent or guardian to
14 participate in, comply with, in whole or in part, or to meet the goals of a court approved treatment
15 plan constitutes prima facie evidence that return of the child to that parent would be detrimental.
16 (b) In making a determination under this section, the court shall review the report prepared
17 by the Division of Child and Family Services, a report prepared by the child's guardian ad litem,
18 any report prepared by a foster care citizen review board, any evidence regarding the efforts or
19 progress demonstrated by the parent, and the extent to which the parent cooperated and availed
20 himself of services provided.
21 (c) The court shall determine whether reasonable services have been offered or provided
22 to the parent or guardian.
23 (3) If a child is not returned to his parent or guardian at the dispositional review hearing,
24 the court shall:
25 (a) order the division to develop a permanent plan, and schedule a hearing within 120 days
26 after the dispositional review hearing to make a final determination regarding whether termination
27 of parental rights, adoption, guardianship, or long-term foster care is the most appropriate final
28 plan for the child;
29 (b) order termination of reunification services to the parent; and
30 (c) in its discretion, enter any other order that it determines to be in the best interest of the
31 child.

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1 Section 3. Section 78-3a-313 is amended to read:
2 78-3a-313. Periodic review hearings -- Foster care citizen review boards.
3 [Following the dispositional review hearing, periodic] (1) Periodic review hearings shall
4 be held by the court or by a [court-approved administrative body within the Division of Family
5 Services] foster care citizen review board, in accordance with the provisions of Chapter 3g, at least
6 every six months, [in accordance with] pursuant to federal law.
7 (2) (a) Foster care citizen review boards shall provide copies of their reports to the court
8 and to counsel for all parties to an action within 30 days after completion of a review. The court
9 shall not consider foster care citizen review board reports to be ex parte communications.
10 (b) Reports of foster care citizen review boards shall be received by the court and
11 considered as evidence in abuse, neglect, and dependency proceedings.
12 Section 4. Section 78-3a-314 is amended to read:
13 78-3a-314. All proceedings -- Persons entitled to be present.
14 (1) A minor who is the subject of a juvenile court hearing and any person entitled to notice
15 pursuant to Section 78-3a-306 or 78-3a-309, is entitled to notice and to be present at each hearing
16 held under this part, including administrative and citizen reviews.
17 (2) Because the minor's foster parents have the right to notice, pursuant to Section
18 78-3a-309, they have the right to be present at each and every hearing held under this part
19 including administrative and citizen reviews.
20 (3) A minor shall be represented at each hearing by the guardian ad litem appointed to his
21 case by the court. The minor has a right to be present at each hearing, subject to the discretion of
22 the guardian ad litem or the court regarding any possible detriment to the child.
23 (4) (a) The parent or guardian of a minor who is the subject of a petition under this part
24 has the right to be represented by counsel, and to present evidence, at each hearing.
25 (b) When it appears to the court that a parent or guardian of the minor desires counsel but
26 is financially unable to afford and cannot for that reason employ counsel, and the minor has been
27 placed in out-of-home care, or the petitioner is recommending that the minor be placed in
28 out-of-home care, the court shall appoint counsel.
29 (5) In every abuse, neglect, or dependency proceeding under this chapter, the court shall
30 order that the minor be represented by a guardian ad litem, in accordance with Section 78-3a-912.
31 The guardian ad litem shall represent the best interest of the child, in accordance with the

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1 requirements of that section, at the shelter hearing and at all subsequent court and administrative
2 proceedings, including any proceeding for termination of parental rights in accordance with Part
3 4, Termination of Parental Rights Act.
4 (6) Notwithstanding any other provision of law, counsel for all parties shall be given
5 access to all records, maintained by the division or any other state or local public agency, that are
6 relevant to the abuse, neglect, or dependency proceeding under this chapter. If the natural parent
7 of a child is representing himself, he shall have access to those records.
8 (7) (a) The appropriate foster care citizen review board shall be given access to all records,
9 maintained by the division or any other state or local public agency, that are relevant to an abuse,
10 neglect, or dependency proceeding under this chapter.
11 (b) Representatives of the appropriate foster care citizen review board are entitled to be
12 present at each hearing held under this part, but notice is not required to be provided.
13 Section 5. Section 78-3g-101 is amended to read:
14 78-3g-101. Definitions.
15 As used in this chapter:
16 [(3)] (1) "[Panel] Board" means a foster care citizen review [Panel] board created in
17 accordance with Section 78-3g-103.
18 [(1)] (2) "Committee" means the Foster Care Citizen Review [Panel Pilot Project] Board
19 Steering Committee created in [this section] accordance with Section 78-3g-102.
20 [(2)] (3) "Division" means the Division of Child and Family Services within the
21 Department of Human Services.
22 (4) "Plan" [or "plans"] means the same as that term is defined in Subsection 78-3a-403(3).
23 Section 6. Section 78-3g-102 is amended to read:
24 78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
25 -- Chair -- Equipment and staff.
26 (1) There is created within state government the Foster Care Citizen Review [Panel Pilot
27 Project] Board Steering Committee composed of the following members:
28 [(a) a member of the Legislature appointed by the president of the Senate and the speaker
29 of the House of Representatives;]
30 [(b)] (a) a member of the Board of Child and Family Services, within the Department of
31 Human Services, appointed by the chair of that board;

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1 [(c)] (b) the director of the division, or his designee;
2 [(d)] (c) a juvenile court judge, appointed by the presiding officer of the Judicial Council;
3 [(e)] (d) a juvenile court administrator, appointed by the administrator of the courts;
4 [(f)] (e) a representative of the Utah Foster Parents Association, appointed by the president
5 of that organization;
6 [(g)] (f) a representative of a statewide advocacy organization for children, appointed by
7 the chair of the committee;
8 [(h)] (g) a representative of an agency or organization that provides services to children
9 who [are] have been adjudicated to be under the jurisdiction of the juvenile court, appointed by
10 the chair of the committee;
11 [(i) a] (h) the guardian ad litem[, appointed by the chair of the committee] director,
12 appointed pursuant to Section 78-3a-911, or the director's designee;
13 (i) the director or chief of the child protection unit within the Office of the Attorney
14 General, or his designee;
15 (j) one person from each region who is a member of a [citizen review panel] board,
16 appointed by the chair of the committee; and
17 (k) a private citizen, appointed by the chair of the committee.
18 (2) The persons described in Subsection (1) shall annually elect a chair of the committee
19 from among themselves.
20 (3) [Six] A majority of the members of the committee [constitute] constitutes a quorum.
21 The action of the majority of a quorum represents the action of the committee.
22 (4) (a) Members of the committee who are not government employees shall receive no
23 compensation or benefits for their services, but may receive per diem and expenses incurred in the
24 performance of the member's official duties at the rates established by the Division of Finance
25 under Sections 63A-3-106 and 63A-3-107.
26 (b) State government officer and employee members who do not receive salary, per diem,
27 or expenses from their agency for their service may receive per diem and expenses incurred in the
28 performance of their official duties from the board at the rates established by the Division of
29 Finance under Sections 63A-3-106 and 63A-3-107.
30 (c) Local government members who do not receive salary, per diem, or expenses from the
31 entity that they represent for their service may receive per diem and expenses incurred in the

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1 performance of their official duties at the rates established by the Division of Finance under
2 Sections 63A-3-106 and 63A-3-107.
3 (d) Members of the committee may decline to receive per diem and expenses for their
4 services.
5 [(4)] (5) The committee shall:
6 (a) appoint members of [panels] boards in [the] each juvenile court [districts and locations
7 chosen by the committee] district;
8 (b) supervise the recruitment, training, and retention of [panel] board members;
9 [(c) develop methods for assigning plans to panels boards for review, including the
10 methodology to be followed in randomly assigning plans;]
11 [(d)] (c) supervise [the evaluation of the pilot project] and evaluate the boards;
12 [(e)] (d) establish and approve [the] policies for [citizen review panels] the boards; and
13 [(f)] (e) submit a report [on] detailing the results of the [pilot project] boards to the
14 Legislative Human Services and Judiciary Interim Committees and the Board of Juvenile Court
15 Judges, on or before December 31[, 1998] of each year.
16 [(5)] (6) (a) The [division] Department of Human Services shall provide [the following
17 assistance to the committee: (i) office and conference space; (ii) equipment and telephones; and
18 (iii)] fiscal management services, including payroll and accounting services, to the committee.
19 (b) Within appropriations from the Legislature, the committee may hire professional and
20 clerical staff as it considers necessary and appropriate.
21 [(6) The Legislative Auditor General shall conduct a sunset review of the Citizen Review
22 Panel Pilot Project and shall report the results of that review to the Legislative Human Services
23 and Judiciary Interim Committees before November 30, 1996.]
24 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
25 committee may make rules necessary for:
26 (a) recruitment, appointment, and training of board members;
27 (b) supervision and evaluation of boards; and
28 (c) establishment of policy for boards.
29 (8) The committee may receive gifts, grants, devises, and donations. If the donor
30 designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used solely
31 used for that purpose. Undesignated gifts, grants, devises, and donations shall be used for foster

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1 care citizen review boards in accordance with the requirements and provisions of this chapter.
2 Section 7. Section 78-3g-103 is repealed and reenacted to read:
3 78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
4 Periodic Reviews.
5 (1) Foster care citizen review boards shall be established in each juvenile court district in
6 the state.
7 (2) (a) The committee shall appoint seven members to each board. Five of those members
8 shall be parents.
9 (b) Five members of a board constitute a quorum, and an action of a majority of the
10 quorum constitutes the action of the board.
11 (c) A board member may not be an employee of the division or the juvenile court.
12 (d) Board members shall be representative of the ethnic, cultural, religious,
13 socio-economic, and professional diversity found in the community.
14 (e) A board may elect its own chair, vice chair, and other officers as it considers
15 appropriate.
16 (f) The division may designate a representative to provide technical advice to the board
17 regarding division policy and procedure.
18 (3) With regard to each child in its custody, the division shall provide the appropriate
19 boards with access to all records maintained by the division.
20 (4) (a) Either a board or the court shall periodically review the case of each child in the
21 division's custody no less frequently than once every six months, in accordance with the provisions
22 of Section 78-3a-313 and 42 U.S.C. Section 675. In cases where the court has conducted a six
23 month review hearing, a foster care citizen review board hearing shall also be conducted within
24 12 months from the date of the child's removal from his home.
25 (b) Boards may review additional abuse, neglect, or dependency cases or plans at the
26 request of the court.
27 (5) A board's review and report regarding a child's case and plan shall be consistent with
28 the provisions of Title 62A, Chapter 4a, Family Services, and Title 78, Chapter 3a, Part 3, Abuse,
29 Neglect, and Dependency Proceedings, and shall include at least the following considerations:
30 (a) the extent to which the plan's objectives have been implemented or accomplished by
31 the parent, the child, and the division;

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1 (b) whether revisions to the plan are needed, and if so, how the plan should be revised;
2 (c) the extent to which the division has provided the services and interventions described
3 in the plan, and whether those services and interventions are assisting, or will assist, the parent and
4 child to achieve the plan's objectives within the statutory time limitations;
5 (d) the extent to which the parent and child have willingly and actively participated in the
6 interventions described in the plan;
7 (e) the continuing necessity for and appropriateness of the child's placement;
8 (f) the extent of progress that has been made toward alleviating or mitigating the causes
9 necessitating the child's removal or continued placement;
10 (g) a recommended permanency plan for the child and, if one has been established, an
11 opinion regarding the appropriateness of that permanency plan; and
12 (h) a determination regarding whether the statutory time limitations described in Title 78,
13 Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification
14 services required by Section 78-3a-311 has been complied with. The board shall also render an
15 opinion regarding when it estimates that the child will achieve permanency.
16 (6) (a) Each board shall report its findings and recommendations to the court, the division,
17 and counsel for all parties to an action within 30 days after a case is reviewed by the board.
18 (b) The board's report and recommendation shall be filed with the court, and shall be made
19 a part of the court's case file. The report and recommendation shall be presented to the appropriate
20 judge and shall be considered by the judge as evidence in the child's abuse, neglect, or dependency
21 proceedings.
22 (c) The court shall not consider foster care citizen review board reports to be ex parte
23 communications.
24 (7) Members of boards may not receive financial compensation or benefits for their
25 services. Members may not receive per diem or expenses for their service, except that:
26 (a) members may be reimbursed for mileage on days that they are involved in training, at
27 rates established by the Division of Finance; and
28 (b) members may be provided with a meal on days that they serve on a board.
29 (8) Boards are authorized to receive funds from public and private grants and donations
30 in accordance with the requirements described in Subsection 78-3g-102(8).
31 Section 8. Effective date.

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1 If approved by two-thirds of all the members elected to each house, this act takes effect on
2 April 1, 1997.

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