H.B. 287

1

CONSTITUTIONAL RIGHTS OF STATE
2 EMPLOYEES
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Thompson
6 This act modifies the State Officers and Employees Code and the Utah Human Services Code
7 to prohibit the Board of Child and Family Services and state agencies from requiring a
8 person to relinquish any right h [ given ] guaranteed h under the United States Constitution or
8a the Utah
9 Constitution in order to obtain or maintain foster parent status or state employment.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 62A-4a-102, as last amended by Chapter 208, Laws of Utah 2000
13 67-19-4, as last amended by Chapter 375, Laws of Utah 1997
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 62A-4a-102 is amended to read:
16 62A-4a-102. Board of Child and Family Services.
17 (1) (a) The Board of Child and Family Services, created in accordance with this section
18 and with Sections 62A-1-105 and 62A-1-107 , is responsible for establishing by rule, pursuant to
19 Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the policy of the division in
20 accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile Court Act of
21 1996, regarding abuse, neglect, and dependency proceedings, youth services, and domestic
22 violence services. The board is responsible to see that the legislative purposes for the division are
23 carried out.
24 (b) (i) Effective July 1, 1994, the governor shall appoint, with the advice and consent of
25 the Senate, 11 members to the Board of Child and Family Services.
26 (ii) Except as required by Subsection (1)(b)(iii), as terms of current board members expire,
27 the governor shall appoint each new member or reappointed member to a four-year term.

28 (iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at the
29 time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
30 members are staggered so that approximately half of the board is appointed every two years.
31 (c) Two members of the board shall be persons who are or have been consumers, two
32 members of the board shall be persons who are actively involved in children's issues specifically
33 related to abuse and neglect, one member shall be a licensed foster parent, one member shall be
34 a recognized expert in the social, developmental, and mental health needs of children, one member
35 shall be a physician licensed to practice medicine in this state who is also a board certified
36 pediatrician and who is an expert in child abuse and neglect, and one member shall be an adult
37 relative of a child who is or has been in the foster care system.
38 (d) Six members of the board are necessary to constitute a quorum at any meeting.
39 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
40 appointed for the unexpired term.
41 (2) (a) Members shall receive no compensation or benefits for their services, but may
42 receive per diem and expenses incurred in the performance of the member's official duties at the
43 rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
44 (b) Members may decline to receive per diem and expenses for their service.
45 (3) The board shall:
46 (a) approve fee schedules for programs within the division;
47 (b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
48 establish, by rule, policies to ensure that private citizens, consumers, foster parents, private
49 contract providers, allied state and local agencies, and others are provided with an opportunity to
50 comment and provide input regarding any new policy or proposed revision of an existing policy;
51 and
52 (c) provide a mechanism for systematic and regular review of existing policy and for
53 consideration of policy changes proposed by the persons and agencies described in Subsection
54 (3)(b).
55 (4) (a) The board shall establish a three-member Consumer Hearing Panel to act
56 independently of the board and the division, and to be the sole and final decision-making body to
57 hear, resolve, and make recommendations regarding consumer complaints relating to the division.
58 The board may appoint two alternates to serve on the Consumer Hearing Panel in the event that

59 one or more of the members is unable to serve at any given time. This section does not restrict or
60 limit access to the courts for any person, or override Title 62A, Chapter 2, Licensure of Programs
61 and Facilities, or Title 67, Chapter 19, Utah State Personnel Management Act.
62 (b) The Consumer Hearing Panel may not include any employees of the division.
63 (c) Prior to July 1, 2000, the Consumer Hearing Panel shall establish procedures that:
64 (i) provide for reasonable notice of panel hearings to the appropriate consumers;
65 (ii) require both the division and the consumer to present their respective information,
66 testimony, or evidence at the same hearing unless, after reasonable notice, the consumer fails or
67 refuses to appear at the scheduled panel hearing; and
68 (iii) affirm the right of affected consumers to be provided with pertinent information
69 regarding the substance of the division's position, testimony, or evidence either prior to or at the
70 scheduled panel hearing.
71 (d) The Consumer Hearing Panel shall report its recommendations to the board, the
72 division, and the Legislative Oversight Panel described in Section 62A-4a-207 . The division shall
73 comply with the recommendations of the Consumer Hearing Panel.
74 (e) The department shall provide staff to the Consumer Hearing Panel.
75 (f) (i) Members of the panel shall receive a per diem allowance for each day or portion of
76 a day spent in performing the duties of the panel, and shall be reimbursed for all necessary travel
77 expenses.
78 (ii) The per diem reimbursement described in Subsection (4)(f)(i) may not exceed 75 days
79 for any one individual panel member in any fiscal year.
80 (5) The board may create state advisory committees to advise it concerning programs
81 offered by the Division of Child and Family Services. The board shall provide each committee
82 with a specific charge in writing.
83 (6) The board shall establish policies for the determination of eligibility for services
84 offered by the division in accordance with this chapter. The division may, by rule, establish
85 eligibility standards for consumers.
86 (7) The board shall adopt and maintain rules and policies regarding placement for adoption
87 or foster care that are consistent with, and no more restrictive than, applicable statutory provisions.
88 (8) The board may not, by rule or by any other means, require any person to relinquish any
89 right h [ given ] GUARANTEED h under the United States Constitution or the Utah Constitution in
89a order to obtain or

90 maintain foster parent status.
91 Section 2. Section 67-19-4 is amended to read:
92 67-19-4. Discriminatory or unfair employment practices.
93 (1) The state, its officers, and employees shall be governed by the provisions of Section
94 34A-5-106 of the Utah Antidiscrimination Act concerning discriminatory or unfair employment
95 practices.
96 (2) An agency may not, by rule or by any other means, require any person to relinquish any
97 right h [ given ] GUARANTEED h under the United States Constitution or the Utah Constitution in
97a order to obtain or
98 maintain state employment.




Legislative Review Note
as of 1-23-02 3:09 PM

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

Office of Legislative Research and General Counsel