H.B. 31 Enrolled

CHILD WELFARE OVERSIGHT PANEL AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Trisha S. Beck
This act modifies the Human Services Code to amend the duties of the Child Welfare
Legislative Oversight Panel and make technical changes. The act requires the executive
branch and judicial branch to report to the panel regarding their compliance with statutory
time limits for the permanency process for foster care children. The act authorizes the panel
to receive reports from the executive branch and judicial branch concerning budget issues,
and to make recommendations to legislative appropriations committees.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
62A-4a-207, as last amended by Chapter 13, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-207 is amended to read:
62A-4a-207. Legislative Oversight Panel -- Responsibilities.
(1) (a) There is created the Child Welfare Legislative Oversight Panel composed of the
following members:
(i) two members of the Senate, one from the majority party and one from the minority
party, appointed by the president of the Senate; and
(ii) three members of the House of Representatives, two from the majority party and one
from the minority party, appointed by the speaker of the House of Representatives.
(b) Members of the panel shall serve for two-year terms, or until their successors are
appointed.
(c) A vacancy exists whenever a member ceases to be a member of the Legislature, or
when a member resigns from the panel. Vacancies shall be filled by the appointing authority, and
the replacement shall fill the unexpired term.
(2) The president of the Senate shall designate one of the senators appointed to the panel
under Subsection (1) as the Senate chair of the panel. The speaker of the House of Representatives

shall designate one of the representatives appointed to the panel under Subsection (1) as the House
chair of the panel.
(3) The panel shall follow the interim committee rules established by the Legislature.
(4) The panel shall:
(a) examine and observe the process and execution of laws governing the child welfare
system by the executive branch and the judicial branch;
(b) upon request, receive testimony from the public, the juvenile court, and from all state
agencies involved with the child welfare system including, but not limited to, the division, other
offices and agencies within the department, the attorney general's office, the Office of the Guardian
Ad Litem Director, and school districts;
(c) receive reports from the Consumer Hearing Panel, described in Subsection
62A-4a-102 (3), and consider and review the actions, reports, and recommendations of that panel;
(d) before October 1, 2002, and before October 1 of each year thereafter receive reports
from the division, the attorney general, and the judicial branch identifying the cases not in
compliance with the time limits established in Section 78-3a-308 , regarding pretrial and adjudication
hearings, Section 78-3a-311 , regarding dispositional hearings and reunification services, and Section
78-3a-312 , regarding permanency hearings and petitions for termination, and the reasons for the
noncompliance;
[(d)] (e) receive recommendations from, and make recommendations to the governor, the
Legislature, the attorney general, the division, the Office of the Guardian Ad Litem Director, the
juvenile court, and the public;
(f) (i) receive reports from the executive branch and the judicial branch on budgetary issues
impacting the child welfare system; and
(ii) recommend, as it considers advisable, budgetary proposals to the Health and Human
Services Joint Appropriations Subcommittee, the Executive Offices and Criminal Justice
Appropriations Subcommittee, and the Executive Appropriations Committee, which
recommendation should be made before December 1 of each year;
[(e)] (g) study and recommend proposed changes to laws governing the child welfare system;

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(h) study actions the state can take to preserve, unify, and strengthen the child's family ties
whenever possible in the child's best interest, including recognizing the constitutional rights and
claims of parents whenever those family ties are severed or infringed;
[(f)] (i) perform such other duties related to the oversight of the child welfare system as the
panel considers appropriate; and
[(g)] (j) annually report its findings and recommendations to the president of the Senate, the
speaker of the House of Representatives, the Health and Human Services Interim Committee, and
the Judiciary Interim Committee.
(5) The panel has authority to review and discuss individual cases. When an individual case
is discussed, the panel's meeting may be held in private.
(6) (a) The panel has authority to make recommendations to the Legislature, the governor,
the Board of Juvenile Court Judges, the division, and any other statutorily created entity related to
the policies and procedures of the child welfare system. The panel does not have authority to make
recommendations to the court, the division, or any other public or private entity regarding the
disposition of any individual case.
(b) The panel may hold public hearings, as it considers advisable, in various locations within
the state in order to afford all interested persons an opportunity to appear and present their views
regarding the child welfare system in this state.
(7) (a) All records of the panel regarding individual cases shall be classified private, and may
be disclosed only in accordance with federal law and the provisions of Title 63, Chapter 2,
Government Records Access and Management Act.
(b) The panel shall have access to all of the division's records, including those regarding
individual cases. In accordance with Title 63, Chapter 2, Government Records Access Management
Act, all documents and information received by the panel shall maintain the same classification that
was designated by the division.
(8) In order to accomplish its oversight functions, the panel has:
(a) all powers granted to legislative interim committees in Section 36-12-11 ; and
(b) legislative subpoena powers under Title 36, Chapter 14, Legislative Subpoena Powers.

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(9) Members of the panel shall receive salary and expenses in accordance with Section
36-2-2 .
(10) (a) The Office of Legislative Research and General Counsel shall provide staff support
to the panel.
(b) The panel is authorized to employ additional professional assistance and other staff
members as it considers necessary and appropriate.

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