Third 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; EXPANDING FOSTER CARE CITIZEN REVIEW
7 BOARDS; REESTABLISHING THE RESPONSIBILITIES OF THOSE BOARDS AND OF
8 THE STEERING COMMITTEE; CLARIFYING THE USE OF FOSTER CARE CITIZEN
9 REVIEW BOARD REPORTS; GRANTING RULEMAKING AUTHORITY; AND
10 PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 63-55-278, as last amended by Chapters 24 and 355, Laws of Utah 1995
14 78-3a-312, as last amended by Chapter 318, Laws of Utah 1996
15 78-3a-313, as enacted by Chapter 260, Laws of Utah 1994
16 78-3a-314, as last amended by Chapters 1 and 318, Laws of Utah 1996
17 78-3a-512, as enacted by Chapter 1, 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25 (1) The Office of the Court Administrator, created in Section 78-3-23, is repealed July 1,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27 (2) Title 78, Chapter 56, Court Reporters and Stenographers, is repealed July 1, 1997.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2 in [Sections 78-3g-101, 78-3g-102, and 78-3g-103, is] Title 78, Chapter 3g, are repealed [April]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4 (4) Alternative Dispute Resolution Act, created in Title 78, Chapter 31b, is repealed July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 pursuant to Section 78-3g-103, any
19 evidence regarding the efforts or progress demonstrated by the parent, and the extent to which the
20 parent cooperated and availed 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.

- 2 -

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) Pursuant to federal law, periodic
4 review hearings shall be held no less frequently than once every six months, either by the court or,
5 in districts and areas where they are established, by a [court-approved administrative body within
6 the Division of Family Services at least every six months, in accordance with federal law] foster
7 care citizen review board, in accordance with the provisions of Chapter 3g. In districts or areas
8 where foster care citizen review boards have not been established, either the court or the Division
9 of Child and Family Services shall conduct the review. In districts where they are established,
10 foster care citizen review boards shall be considered to be the panels described in 42 U.S.C.
11 Sections 675(5) and (6), which are required to conduct periodic reviews unless court reviews are
12 conducted.
13 (2) (a) Within 30 days after completion of a review, a foster care citizen review board shall
14 submit a copy of its dispositional report to the court to be made a part of the court's legal file, and
15 provide copies to all parties to an action. In districts or areas where the Division of Child and
16 Family Services conducts a review, it shall provide copies of its report to the court and to all
17 parties within 30 days after completion of its review.
18 (b) In accordance with Section 78-3g-103, dispositional reports of foster care citizen
19 review boards shall be received and reviewed by the court in the same manner as the court receives
20 and reviews the reports described in Section 78-3a-514. Foster care citizen review board
21 dispositional reports may be received as evidence, and may be considered by the court along with
22 other evidence. The court may require any person who participated in the dispositional report to
23 appear as a witness if the person is reasonably available.
24 Section 4. Section 78-3a-314 is amended to read:
25 78-3a-314. All proceedings -- Persons entitled to be present.
26 (1) A minor who is the subject of a juvenile court hearing and any person entitled to notice
27 pursuant to Section 78-3a-306 or 78-3a-309, is entitled to notice and to be present at each hearing
28 held under this part, including administrative and citizen reviews.
29 (2) Because the minor's foster parents have the right to notice, pursuant to Section
30 78-3a-309, they have the right to be present at each and every hearing held under this part
31 including administrative and citizen reviews.

- 3 -

1 (3) A minor shall be represented at each hearing by the guardian ad litem appointed to his
2 case by the court. The minor has a right to be present at each hearing, subject to the discretion of
3 the guardian ad litem or the court regarding any possible detriment to the child.
4 (4) (a) The parent or guardian of a minor who is the subject of a petition under this part
5 has the right to be represented by counsel, and to present evidence, at each hearing.
6 (b) When it appears to the court that a parent or guardian of the minor desires counsel but
7 is financially unable to afford and cannot for that reason employ counsel, and the minor has been
8 placed in out-of-home care, or the petitioner is recommending that the minor be placed in
9 out-of-home care, the court shall appoint counsel.
10 (5) In every abuse, neglect, or dependency proceeding under this chapter, the court shall
11 order that the minor be represented by a guardian ad litem, in accordance with Section 78-3a-912.
12 The guardian ad litem shall represent the best interest of the child, in accordance with the
13 requirements of that section, at the shelter hearing and at all subsequent court and administrative
14 proceedings, including any proceeding for termination of parental rights in accordance with Part
15 4, Termination of Parental Rights Act.
16 (6) Notwithstanding any other provision of law, counsel for all parties shall be given
17 access to all records, maintained by the division or any other state or local public agency, that are
18 relevant to the abuse, neglect, or dependency proceeding under this chapter. If the natural parent
19 of a child is representing himself, he shall have access to those records.
20 (7) (a) The appropriate foster care citizen review board shall be given access to all records,
21 maintained by the division or any other state or local public agency, that are relevant to an abuse,
22 neglect, or dependency proceeding under this chapter.
23 (b) Representatives of the appropriate foster care citizen review board are entitled to be
24 present at each hearing held under this part, but notice is not required to be provided.
25 Section 5. Section 78-3a-512 is amended to read:
26 78-3a-512. Hearings -- Record -- County attorney or district attorney responsibilities
27 -- Attorney general responsibilities -- Admissibility of evidence.
28 (1) A verbatim record of the proceedings shall be taken by an official court reporter or by
29 means of a mechanical recording device in all cases that might result in deprivation of custody as
30 defined in this chapter. In all other cases a verbatim record shall also be made unless dispensed
31 with by the court.

- 4 -

1 (2) (a) Except as provided in Subsection (b), the county attorney or, if within a prosecution
2 district, the district attorney shall represent the state in any proceeding in a minor's case.
3 (b) The attorney general shall enforce all provisions of Title 62A, Chapter 4a, and Title
4 78, Chapter 3a, relating to protection or custody of an abused, neglected, or dependent child, and
5 petitions for termination of parental rights.
6 (3) The board may adopt special rules of procedure to govern proceedings involving
7 violations of traffic laws or ordinances, fish and game laws, and boating laws. However,
8 proceedings involving offenses under Section 78-3a-517 are governed by that section regarding
9 suspension of driving privileges.
10 (4) (a) For the [purpose] purposes of determining proper disposition of the minor and [for
11 the purpose of] establishing the fact of abuse, neglect, or dependency, written reports and other
12 material relating to the minor's mental, physical, and social history and condition may be received
13 in evidence and may be considered by the court along with other evidence. The court may require
14 that the person who wrote the report or prepared the material appear as a witness if the person is
15 reasonably available.
16 (b) For the purpose of determining proper disposition of the minor, dispositional reports
17 prepared by Foster Care Citizen Review Boards pursuant to Section 78-3g-103 may be received
18 in evidence and may be considered by the court along with other evidence. The court may require
19 any person who participated in preparing the dispositional report to appear as a witness, if the
20 person is reasonably available.
21 (5) For the purpose of establishing the fact of abuse, neglect, or dependency, the court
22 may, in its discretion, consider evidence of statements made by a minor under eight years of age
23 to a person in a trust relationship.
24 Section 6. Section 78-3g-101 is amended to read:
25 78-3g-101. Definitions.
26 As used in this chapter:
27 [(3)] (1) "[Panel] Board" means a foster care citizen review [Panel] board created in
28 accordance with Section 78-3g-103.
29 [(1)] (2) "Committee" means the Foster Care Citizen Review [Panel Pilot Project] Board
30 Steering Committee created in [this section] accordance with Section 78-3g-102.
31 [(2)] (3) "Division" means the Division of Child and Family Services within the

- 5 -

1 Department of Human Services.
2 (4) "Plan" [or "plans"] means the same as that term is defined in Subsection 78-3a-403(3).
3 Section 7. Section 78-3g-102 is amended to read:
4 78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
5 -- Chair -- Equipment and staff.
6 (1) There is created within state government the Foster Care Citizen Review [Panel Pilot
7 Project] Board Steering Committee composed of the following members:
8 [(a) a member of the Legislature appointed by the president of the Senate and the speaker
9 of the House of Representatives;]
10 [(b)] (a) a member of the Board of Child and Family Services, within the Department of
11 Human Services, appointed by the chair of that board;
12 [(c)] (b) the director of the division, or his designee;
13 [(d)] (c) a juvenile court judge, appointed by the presiding officer of the Judicial Council;
14 [(e)] (d) a juvenile court administrator, appointed by the administrator of the courts;
15 [(f)] (e) a representative of the Utah Foster Parents Association, appointed by the president
16 of that organization;
17 [(g)] (f) a representative of a statewide advocacy organization for children, appointed by
18 the chair of the committee;
19 [(h)] (g) a representative of an agency or organization that provides services to children
20 who [are] have been adjudicated to be under the jurisdiction of the juvenile court, appointed by
21 the chair of the committee;
22 [(i) a] (h) the guardian ad litem[, appointed by the chair of the committee] director,
23 appointed pursuant to Section 78-3a-911, or the director's designee;
24 (i) the director or chief of the child protection unit within the Office of the Attorney
25 General, or his designee;
26 (j) one person from each region who is a member of a [citizen review panel] board,
27 appointed by the chair of the committee; and
28 (k) a private citizen, appointed by the chair of the committee.
29 (2) The persons described in Subsection (1) shall annually elect a chair of the committee
30 from among themselves.
31 (3) [Six] A majority of the members of the committee [constitute] constitutes a quorum.

- 6 -

1 The action of the majority of a quorum represents the action of the committee.
2 (4) (a) Members of the committee who are not government employees shall receive no
3 compensation or benefits for their services, but may receive per diem and expenses incurred in the
4 performance of the member's official duties at the rates established by the Division of Finance
5 under Sections 63A-3-106 and 63A-3-107.
6 (b) State government officer and employee members who do not receive salary, per diem,
7 or expenses from their agency for their service may receive per diem and expenses incurred in the
8 performance of their official duties from the board at the rates established by the Division of
9 Finance under Sections 63A-3-106 and 63A-3-107.
10 (c) Local government members who do not receive salary, per diem, or expenses from the
11 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 (d) Members of the committee may decline to receive per diem and expenses for their
15 services.
16 [(4)] (5) The committee shall:
17 (a) appoint members of [panels] boards in the First, Second, Third, Fourth, Fifth, and
18 Seventh Juvenile Court [districts and locations chosen by the committee] Districts;
19 (b) supervise the recruitment, training, and retention of [panel] board members;
20 [(c) develop methods for assigning plans to panels boards for review, including the
21 methodology to be followed in randomly assigning plans;]
22 [(d)] (c) supervise [the evaluation of the pilot project] and evaluate the boards;
23 [(e)] (d) establish and approve [the] policies for [citizen review panels] the boards; and
24 [(f)] (e) submit a report [on] detailing the results of the [pilot project] boards to the
25 Legislative Human Services and Judiciary Interim Committees and the Board of Juvenile Court
26 Judges, on or before December 31[, 1998] of each year.
27 [(5)] (6) (a) The [division] Department of Human Services shall provide [the following
28 assistance to the committee: (i) office and conference space; (ii) equipment and telephones; and
29 (iii)] fiscal management services, including payroll and accounting services, to the committee.
30 (b) Within appropriations from the Legislature, the committee may hire professional and
31 clerical staff as it considers necessary and appropriate.

- 7 -

1 [(6) The Legislative Auditor General shall conduct a sunset review of the Citizen Review
2 Panel Pilot Project and shall report the results of that review to the Legislative Human Services
3 and Judiciary Interim Committees before November 30, 1996.]
4 (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
5 committee may make rules necessary for:
6 (a) recruitment, appointment, and training of board members;
7 (b) supervision and evaluation of boards; and
8 (c) establishment of policy for boards.
9 (8) The committee may receive gifts, grants, devises, and donations. If the donor
10 designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used solely
11 used for that purpose. Undesignated gifts, grants, devises, and donations shall be used for foster
12 care citizen review boards in accordance with the requirements and provisions of this chapter.
13 Section 8. Section 78-3g-103 is repealed and reenacted to read:
14 78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
15 Periodic Reviews.
16 (1) Foster care citizen review boards shall be established in the First, Second, Third, and
17 Fourth Juvenile Court Districts, to act as the panels described in 42 U.S.C. Sections 675(5) and
18 (6), which are required to conduct periodic reviews unless court reviews are conducted. At least
19 one review board shall be established in the Fifth Juvenile Court District and at least one review
20 board shall be established in the Seventh Juvenile Court District.
21 (2) (a) The committee shall appoint seven members to each board. Five of those members
22 shall be parents.
23 (b) Five members of a board constitute a quorum, and an action of a majority of the
24 quorum constitutes the action of the board.
25 (c) A board member may not be an employee of the division or the juvenile court.
26 (d) Board members shall be representative of the ethnic, cultural, religious,
27 socio-economic, and professional diversity found in the community.
28 (e) A board may elect its own chair, vice chair, and other officers as it considers
29 appropriate.
30 (f) The division may designate a representative to provide technical advice to the board
31 regarding division policy and procedure.

- 8 -

1 (3) With regard to each child in its custody, the division shall provide the appropriate
2 boards with access to all records maintained by the division.
3 (4) (a) In districts or areas where foster care citizen review boards have been established,
4 periodic reviews either by the court or by a foster care citizen review board, shall be conducted
5 with regard to each child in the division's custody no less frequently than once every six months,
6 in accordance with Section 78-3a-313 and 42 U.S.C. Sections 675(5) and (6). In cases where the
7 court has conducted a six month review hearing, a foster care citizen review board shall also
8 conduct a review within 12 months from the date of the child's removal from his home.
9 (b) Periodic reviews conducted by foster care citizen review boards shall be open to the
10 participation of the child's parents, in accordance with 42 U.S.C. Section 675(6).
11 (c) Boards may review additional abuse, neglect, or dependency cases or plans at the
12 request of the court.
13 (5) Each board shall prepare a dispositional report regarding the child's case and plan. The
14 periodic review and the dispositional report shall be consistent with the provisions of Title 62A,
15 Chapter 4a, Family Services, and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
16 Proceedings, and shall include at least the following considerations:
17 (a) the extent to which the plan's objectives have been implemented or accomplished by
18 the parent, the child, and the division;
19 (b) whether revisions to the plan are needed, and if so, how the plan should be revised;
20 (c) the extent to which the division has provided the services and interventions described
21 in the plan, and whether those services and interventions are assisting, or will assist, the parent and
22 child to achieve the plan's objectives within the statutory time limitations;
23 (d) the extent to which the parent and child have willingly and actively participated in the
24 interventions described in the plan;
25 (e) the continuing necessity for and appropriateness of the child's placement;
26 (f) the extent of progress that has been made toward alleviating or mitigating the causes
27 necessitating the child's removal or continued placement;
28 (g) a recommended permanency plan for the child and, if one has been established, an
29 opinion regarding the appropriateness of that permanency plan; and
30 (h) a determination regarding whether the statutory time limitations described in Title 78,
31 Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification

- 9 -

1 services required by Section 78-3a-311 has been complied with. The board shall also render an
2 opinion regarding when it estimates that the child will achieve permanency.
3 (6) (a) Each board shall submit its dispositional report to the court, the division, and to all
4 parties to an action within 30 days after a case is reviewed by the board.
5 (b) The board's dispositional report shall be filed with the court, and shall be made a part
6 of the court's legal file. The dispositional report shall be received and reviewed by the court in the
7 same manner as the court receives and reviews the reports described in Section 78-3a-514. Foster
8 care citizen review board dispositional reports may be received as evidence, and may be
9 considered by the court along with other evidence. The court may require any person who
10 participated in the dispositional report to appear as a witness if the person is reasonably available.
11 (7) Members of boards may not receive financial compensation or benefits for their
12 services. Members may not receive per diem or expenses for their service, except that:
13 (a) members may be reimbursed for mileage on days that they are involved in training, at
14 rates established by the Division of Finance; and
15 (b) members may be provided with a meal on days that they serve on a board.
16 (8) Boards are authorized to receive funds from public and private grants and donations
17 in accordance with the requirements described in Subsection 78-3g-102(8).
18 (9) In districts or areas where foster care citizen review boards have not been established,
19 either the court or the Division of Child and Family Services shall conduct the reviews in
20 accordance with the provisions of Subsections (4)(a) and (b), and Section 78-3a-313.
21 Section 9. Effective date.
22 If approved by two-thirds of all the members elected to each house, this act takes effect on
23 April 1, 1997.

- 10 -