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S.B. 12 Enrolled
John L. Valentine This act modifies the Utah Human Services Code chapters providing Child and Family
Services and Youth Corrections, by moving references to youth services into the Youth
Corrections chapter. The act provides a definition of youth services and guidelines for
providing youth services programs. This act takes effect July 1, 2002.
This act affects sections of Utah Code Annotated 1953 as follows:
62A-4a-101, as last amended by Chapter 134, Laws of Utah 2001
62A-4a-102, as last amended by Chapter 208, Laws of Utah 2000
62A-4a-103, as last amended by Chapter 318, Laws of Utah 1996
62A-4a-105, as last amended by Chapters 73 and 115, Laws of Utah 2001
62A-7-101, as last amended by Chapters 200 and 365, Laws of Utah 1997
62A-7-104, as last amended by Chapter 363, Laws of Utah 1999
62A-7-125, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 62A-4a-101 is amended to read:
As used in this chapter:
(1) "Abuse" means:
(a) actual or threatened nonaccidental physical or mental harm;
(b) negligent treatment;
(c) sexual exploitation; or
(d) any sexual abuse.
(2) "Adoption services" means placing children for adoption, subsidizing adoptions under
Section 62A-4a-105 , supervising adoption placements until the adoption is finalized by the court,
conducting adoption studies, preparing adoption reports upon request of the court, and providing
postadoptive placement services, upon request of a family, for the purpose of stabilizing a possible
(3) "Board" means the Board of Child and Family Services established in accordance with
Sections 62A-1-105 , 62A-1-107 , and 62A-4a-102 .
(4) "Consumer" means a person who receives services offered by the division in accordance
with this chapter.
(5) "Custody," with regard to the division, means the custody of a child in the division as of
the date of disposition.
(6) "Day-care services" means care of a child for a portion of the day which is less than 24
hours, in his own home by a responsible person, or outside of his home in a day-care center, family
group home, or family child care home.
(7) "Dependent child" means a child who is homeless or without proper care through no fault
of his parent, guardian, or custodian.
(8) "Director" means the director of the Division of Child and Family Services.
(9) "Division" means the Division of Child and Family Services.
(10) (a) "Domestic violence services" means temporary shelter, treatment, and related
services to persons who are victims of abuse and their dependent children and treatment services for
domestic violence perpetrators.
(b) As used in this Subsection (10) "abuse" means the same as that term is defined in Section
30-6-1 , and "domestic violence perpetrator" means a person who is alleged to have committed, has
been convicted of, or has pled guilty to an act of domestic violence as defined in Subsection
(11) "Homemaking service" means the care of individuals in their domiciles, and help given
to individual caretaker relatives to achieve improved household and family management through the
services of a trained homemaker.
(12) "Minor" means a person under 18 years of age. "Minor" may also include a person
under 21 years of age for whom the division has been specifically ordered by the juvenile court to
(13) "Natural parent" means a child's biological or adoptive parent, and includes a child's
(14) (a) "Neglect" means:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) subjecting a child to mistreatment or abuse;
(iii) lack of proper parental care by reason of the fault or habits of the parent, guardian, or
(iv) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence, education, or medical care, including surgery or psychiatric services when required, or
any other care necessary for his health, safety, morals, or well-being; or
(v) a child at risk of being neglected or abused because another child in the same home is
neglected or abused.
(b) The aspect of neglect relating to education, described in Subsection (14)(a)(iv), means
that, after receiving notice that a child has been frequently absent from school without good cause,
or that the child has failed to cooperate with school authorities in a reasonable manner, a parent or
guardian fails to make a good faith effort to ensure that the child receives an appropriate education.
(c) A parent or guardian legitimately practicing religious beliefs and who, for that reason,
does not provide specified medical treatment for a child, is not guilty of neglect.
(15) "Protective custody," with regard to the division, means the shelter of a child by the
division from the time he is removed from his home until the shelter hearing, or his return home,
whichever occurs earlier.
(16) "Protective services" means expedited services that are provided:
(a) in response to evidence of neglect, abuse, or exploitation of a minor;
(b) in an effort to substantiate evidence of neglect, abuse, or exploitation;
(c) to a cohabitant who is neglecting or abusing a child, in order to help him develop
recognition of his duty of care and of the causes of neglect or abuse, and to strengthen his ability to
provide safe and acceptable care; and
(d) in cases where the child's welfare is endangered:
(i) to bring the situation to the attention of the appropriate juvenile court and law
(ii) to cause a protective order to be issued for the protection of the child, when appropriate;
(iii) to protect the child from the circumstances that endanger his welfare including, when
appropriate, removal from his home, placement in substitute care, and petitioning the court for
termination of parental rights.
(17) "Services to unwed parents" means social, educational, and medical services arranged
for or provided to unwed parents to help them plan for themselves and the unborn child.
(18) "Shelter care" means the temporary care of minors in nonsecure facilities.
(19) "State" means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or
a territory or possession administered by the United States.
(20) "State plan" means the written description of the programs for children, youth, and
family services administered by the division in accordance with federal law.
(21) "Status offense" means a violation of the law that would not be a violation but for the
age of the offender.
(22) "Substitute care" means:
(a) the placement of a minor in a family home, group care facility, or other placement outside
the minor's own home, either at the request of a parent or other responsible relative, or upon court
order, when it is determined that continuation of care in the child's own home would be contrary to
the child's welfare;
(b) services provided for a child awaiting placement; and
(c) the licensing and supervision of a substitute care facility.
(23) "Temporary custody," with regard to the division, means the custody of a child in the
division from the date of the shelter hearing until disposition.
(24) "Transportation services" means travel assistance given to an individual with escort
service, if necessary, to and from community facilities and resources as part of a service plan.
Section 2. Section 62A-4a-102 is amended to read:
62A-4a-102. Board of Child and Family Services.
(1) (a) The Board of Child and Family Services, created in accordance with this section and
with Sections 62A-1-105 and 62A-1-107 , is responsible for establishing by rule, pursuant to Title
63, Chapter 46a, Utah Administrative Rulemaking Act, the policy of the division in accordance with
the requirements of this chapter and Title 78, Chapter 3a, Juvenile Court Act of 1996, regarding
abuse, neglect, and dependency proceedings, [
board is responsible to see that the legislative purposes for the division are carried out.
(b) (i) Effective July 1, 1994, the governor shall appoint, with the advice and consent of the
Senate, 11 members to the Board of Child and Family Services.
(ii) Except as required by Subsection (1)(b)(iii), as terms of current board members expire,
the governor shall appoint each new member or reappointed member to a four-year term.
(iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at the time
of appointment or reappointment, adjust the length of terms to ensure that the terms of board
members are staggered so that approximately half of the board is appointed every two years.
(c) Two members of the board shall be persons who are or have been consumers, two
members of the board shall be persons who are actively involved in children's issues specifically
related to abuse and neglect, one member shall be a licensed foster parent, one member shall be a
recognized expert in the social, developmental, and mental health needs of children, one member
shall be a physician licensed to practice medicine in this state who is also a board certified
pediatrician and who is an expert in child abuse and neglect, and one member shall be an adult
relative of a child who is or has been in the foster care system.
(d) Six members of the board are necessary to constitute a quorum at any meeting.
(e) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(2) (a) Members shall receive no compensation or benefits for their services, but may receive
per diem and expenses incurred in the performance of the member's official duties at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses for their service.
(3) The board shall:
(a) approve fee schedules for programs within the division;
(b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
establish, by rule, policies to ensure that private citizens, consumers, foster parents, private contract
providers, allied state and local agencies, and others are provided with an opportunity to comment
and provide input regarding any new policy or proposed revision of an existing policy; and
(c) provide a mechanism for systematic and regular review of existing policy and for
consideration of policy changes proposed by the persons and agencies described in Subsection (3)(b).
(4) (a) The board shall establish a three-member Consumer Hearing Panel to act
independently of the board and the division, and to be the sole and final decision-making body to
hear, resolve, and make recommendations regarding consumer complaints relating to the division.
The board may appoint two alternates to serve on the Consumer Hearing Panel in the event that one
or more of the members is unable to serve at any given time. This section does not restrict or limit
access to the courts for any person, or override Title 62A, Chapter 2, Licensure of Programs and
Facilities, or Title 67, Chapter 19, Utah State Personnel Management Act.
(b) The Consumer Hearing Panel may not include any employees of the division.
(c) Prior to July 1, 2000, the Consumer Hearing Panel shall establish procedures that:
(i) provide for reasonable notice of panel hearings to the appropriate consumers;
(ii) require both the division and the consumer to present their respective information,
testimony, or evidence at the same hearing unless, after reasonable notice, the consumer fails or
refuses to appear at the scheduled panel hearing; and
(iii) affirm the right of affected consumers to be provided with pertinent information
regarding the substance of the division's position, testimony, or evidence either prior to or at the
scheduled panel hearing.
(d) The Consumer Hearing Panel shall report its recommendations to the board, the division,
and the Legislative Oversight Panel described in Section 62A-4a-207 . The division shall comply
with the recommendations of the Consumer Hearing Panel.
(e) The department shall provide staff to the Consumer Hearing Panel.
(f) (i) Members of the panel shall receive a per diem allowance for each day or portion of
a day spent in performing the duties of the panel, and shall be reimbursed for all necessary travel
(ii) The per diem reimbursement described in Subsection (4)(f)(i) may not exceed 75 days
for any one individual panel member in any fiscal year.
(5) The board may create state advisory committees to advise it concerning programs offered
by the Division of Child and Family Services. The board shall provide each committee with a
specific charge in writing.
(6) The board shall establish policies for the determination of eligibility for services offered
by the division in accordance with this chapter. The division may, by rule, establish eligibility
standards for consumers.
(7) The board shall adopt and maintain rules and policies regarding placement for adoption
or foster care that are consistent with, and no more restrictive than, applicable statutory provisions.
Section 3. Section 62A-4a-103 is amended to read:
62A-4a-103. Division -- Creation -- Purpose.
(1) There is created the Division of Child and Family Services within the department, under
the administration and general supervision of the executive director, and under the policy direction
of the board. The division is the child, youth, and family services authority of the state and has all
functions, powers, duties, rights, and responsibilities created in accordance with this chapter, except
those assumed by the board and the department.
(2) (a) The primary purpose of the division is to provide child welfare services.
(b) The division shall, when possible and appropriate, provide preventive services and family
preservation services in an effort to protect the child from the trauma of separation from his family,
protect the integrity of the family, and the constitutional rights of parents. In keeping with its
ultimate goal and purpose of protecting children, however, when a child's welfare is endangered or
reasonable efforts to maintain or reunify a child with his family have failed, the division shall act in
a timely fashion in accordance with the requirements of this chapter and Title 78, Chapter 3a, Part
3, Abuse, Neglect, and Dependency Proceedings, to provide the child with a stable, permanent
violence services in accordance with federal law[
Section 4. Section 62A-4a-105 is amended to read:
62A-4a-105. Division responsibilities.
The division shall:
(1) administer services to children and families, including child welfare services, [
executive director may assign to the division;
(2) establish standards for all contract providers of out-of-home care for children and
(3) cooperate with the federal government in the administration of child welfare[
(4) provide for the compilation of relevant information, statistics, and reports on child and
family service matters in the state;
(5) prepare and submit to the department, the governor, and the Legislature reports of the
operation and administration of the division in accordance with the requirements of Sections
62A-4a-117 and 62A-4a-118 ;
(6) promote and enforce state and federal laws enacted for the protection of abused,
neglected, dependent, delinquent, ungovernable, and runaway children, and status offenders, in
accordance with the requirements of this chapter, unless administration is expressly vested in another
division or department of the state. In carrying out the provisions of this Subsection (6), the division
shall cooperate with the juvenile courts, the Division of Youth Corrections, and with all public and
private licensed child welfare agencies and institutions to develop and administer a broad range of
services and supports. The division shall take the initiative in all matters involving the protection
of abused or neglected children if adequate provisions have not been made or are not likely to be
made, and shall make expenditures necessary for the care and protection of those children, within
the division's budget;
(7) provide substitute care for dependent, abused, neglected, and delinquent children,
establish standards for substitute care facilities, and approve those facilities;
(8) provide adoption assistance to persons adopting children with special needs under Part
9, Adoption Assistance, of this chapter. The financial support provided under this Subsection (8)
may not exceed the amounts the division would provide for the child as a legal ward of the state;
(9) cooperate with the Division of Employment Development in the Department of
Workforce Services in meeting social and economic needs of individuals eligible for public
(10) conduct court-ordered home evaluations for the district and juvenile courts with regard
to child custody issues. The court shall order either or both parties to reimburse the division for the
cost of that evaluation, in accordance with the community rate for that service or with the
department's fee schedule rate;
(11) provide noncustodial and in-home preventive services, designed to prevent family
breakup, family preservation services, and reunification services to families whose children are in
substitute care in accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile
Court Act of 1996;
(12) provide protective supervision of a family, upon court order, in an effort to eliminate
abuse or neglect of a child in that family;
(13) establish programs and provide services to minors who have been placed in the custody
of the division for reasons other than abuse or neglect, pursuant to Section 62A-4a-250 [
(14) provide shelter care in accordance with the requirements of this chapter and Title 78,
Chapter 3a, Juvenile Court Act of 1996;
(15) provide social studies and reports for the juvenile court in accordance with Section
(16) arrange for and provide training for staff and providers involved in the administration
and delivery of services offered by the division in accordance with this chapter;
(17) provide domestic violence services in accordance with the requirements of federal law,
and establish standards for all direct or contract providers of domestic violence services. Within
appropriations from the Legislature, the division shall provide or contract for a variety of domestic
violence services and treatment methods;
(18) ensure regular, periodic publication, including electronic publication, regarding the
number of children in the custody of the division who have a permanency goal of adoption, or for
whom a final plan of termination of parental rights has been approved, pursuant to Section
78-3a-312 , and promote adoption of those children;
(19) provide protective services to victims of domestic violence, as defined in Section
77-36-1 , and their children, in accordance with the provisions of this chapter and of Title 78, Chapter
3a, Part 3, Abuse, Neglect, and Dependency Proceedings;
(20) have authority to contract with a private, nonprofit organization to recruit and train
foster care families and child welfare volunteers in accordance with Section 62A-4a-107.5 ; and
(21) perform such other duties and functions as required by law.
Section 5. Section 62A-7-101 is amended to read:
As used in this chapter:
(1) "Alternatives to secure detention" means a nonsecure, nonresidential, or residential
program designated to provide intensive supervision in the community, rehabilitation services, or
work programs for youth who are diverted from detention. Designated alternatives include home
detention, day/night reporting centers, electronic monitoring, and contempt programs.
(2) "Authority" means the Youth Parole Authority, established in accordance with Section
(3) "Board" means the Board of Youth Corrections established in accordance with Section
(4) "Community-based program" means a nonsecure residential or nonresidential program
designated to supervise and rehabilitate youth offenders in the least restrictive setting, consistent with
public safety, and designated or operated by or under contract with the division.
(5) "Control" means the authority to detain, restrict, and supervise a youth in a manner
consistent with public safety and the well being of the youth and division employees.
(6) "Court" means the juvenile court.
(7) "Day/Night Reporting Center" means a nonsecure, nonresidential or residential program
designated to provide supervision for youth who may otherwise be held in a more restrictive setting.
(8) "Delinquent act" is an act which would constitute a felony or a misdemeanor if
committed by an adult.
(9) "Detention" means secure detention or home detention.
(10) "Detention center" means a facility established in accordance with Title 62A, Chapter
7, Part 2 [
(11) "Director" means the director of the Division of Youth Corrections.
(12) "Discharge" means a written order of the division that removes a youth offender from
(13) "Division" means the Division of Youth Corrections.
(14) "Electronic monitoring" means a method of supervision of youth in the community, in
nonsecure placements, by way of electronic surveillance that provides 24-hour information and
immediate reports of violations.
(15) "Guidelines" means the written statewide rules for admission to secure detention and
home detention promulgated by the division in accordance with Sections 63-46a-4 and 63-46a-6 .
(16) "Home detention" means predispositional placement of a child in the child's home or
a surrogate home with the consent of the child's parent, guardian, or custodian for conduct by a child
who is alleged to have committed a delinquent act or postdispositional placement pursuant to
Subsection 78-3a-118 (2)(f) or 78-3a-901 (3).
(17) "Juvenile Receiving Center" means a nonsecure, nonresidential program established by
the division that is responsible for juveniles taken into custody by law enforcement for status
offenses or delinquent acts, but who do not meet the criteria for admission to secure detention or
(18) "Observation and assessment program" means a service program operated or purchased
by the division, that is responsible for temporary custody of youth offenders for observation.
(19) "Parole" means a conditional release of a youth offender from residency in a secure
facility to live outside that facility under the supervision of the Division of Youth Corrections or
other person designated by the division.
(20) "Rescission" means a written order of the Youth Parole Authority that rescinds a parole
(21) "Revocation of parole" means a written order of the Youth Parole Authority that
terminates parole supervision of a youth offender and directs return of the youth offender to the
custody of a secure facility because of a violation of the conditions of parole.
(22) "Runaway youth" means a youth who willfully leaves the residence of a parent or
guardian without the permission of the parent or guardian.
under contract with the division, for conduct by a child who is alleged to have committed a
division, that provides 24-hour supervision and confinement for youth offenders committed to the
division for custody and rehabilitation.
pending court disposition or transfer to another jurisdiction.
until the youth can be released to the parent, guardian, a responsible adult, or to an appropriate
terminates a youth offender from parole.
(28) "Ungovernable" means a youth in conflict with a parent or guardian, and the conflict:
(a) results in behavior that is beyond the control or ability of the youth, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the youth, the family, or others; or
(c) results in the situations in both Subsections (28)(a) and (b).
administered by the division for youth offenders for the purpose of rehabilitation, education, and
restitution to victims.
reached 21 years of age, committed or admitted by the juvenile court to the custody, care, and
jurisdiction of the division, for confinement in a secure facility or supervision in the community,
following adjudication for a delinquent act which would constitute a felony or misdemeanor if
committed by an adult.
(31) (a) "Youth services" means services provided in an effort to resolve family conflict:
(i) for families in crisis when a minor is ungovernable or runaway; or
(ii) involving a minor and the minor's parent or guardian.
(b) These services include efforts to:
(i) resolve family conflict;
(ii) maintain or reunite minors with their families; and
(iii) divert minors from entering or escalating in the juvenile justice system;
(c) The services may provide:
(i) crisis intervention;
(ii) short-term shelter;
(iii) time out placement; and
(iv) family counseling.
Section 6. Section 62A-7-104 is amended to read:
62A-7-104. Division responsibilities.
(1) The division:
(a) shall establish and administer youth services; and
(b) may enter into contracts with state and local governmental entities and private providers
to provide the youth services.
(2) The division is responsible for all youth offenders committed to it by juvenile courts for
secure confinement or supervision and treatment in the community.
minimum standards for those facilities.
Administrative Rulemaking Act, promulgate written statewide rules as guidelines for admission to
secure detention and home detention.
(b) The division shall implement those rules as guidelines and provide training regarding the
implementation of those guidelines to law enforcement agencies, division employees, juvenile court
employees, and to other affected agencies and individuals upon their request.
nonsecure programs for all youth offenders committed to the division.
Assessment Programs, and other programs to provide temporary custody, care, risk-needs
assessments, evaluations, and control for nonadjudicated youth placed with the division.
program for supervision and treatment.
(8) In any order committing a youth offender to the division, the juvenile court shall specify
whether the youth offender is being committed for secure confinement or placement in a
community-based program. The division shall place the youth offender in the most appropriate
program within the category specified by the court.
(9) The division shall employ staff necessary to:
(a) supervise and control youth offenders in secure facilities or in the community;
(b) supervise and coordinate treatment of youth offenders committed to the division for
placement in community-based programs; and
(c) control and supervise nonadjudicated youth placed with the division for temporary
services in receiving centers, youth services, and other programs established by the division.
(10) The division shall establish observation and assessment programs necessary to serve
youth offenders committed by the juvenile court for short-term observation under Subsection
78-3a-118 (2)(e). Whenever possible, those programs shall be conducted in settings separate and
distinct from secure facilities for youth offenders.
(11) Youth in the custody or temporary custody of the division are controlled or detained in
a manner consistent with public safety and rules promulgated by the division. In the event of an
unauthorized leave from a secure facility, detention center, community-based program, receiving
center, home, or any other designated placement, division employees have the authority and duty to
locate and apprehend the youth, or to initiate action with local law enforcement agencies for
designed to place youth offenders in public or private service work projects for the purpose of
rehabilitation, education, and restitution to victims.
youth offenders committed to the division by the juvenile court. The compensatory-service work
(a) provide labor to help in the operation, repair, and maintenance of public facilities, parks,
highways, and other programs designated by the division;
(b) provide educational and prevocational programs in cooperation with the State Board of
Education for youth offenders placed in the program; and
(c) provide counseling to youth offenders.
residential and nonresidential rehabilitation facilities which provide services to juveniles who have
committed a delinquent act, in this state or in any other state.
regular training for staff of secure facilities, detention staff, case management staff, and staff of the
Section 53-13-105 , to locate and apprehend absconders from division custody, transport minors
taken into custody pursuant to division policy, investigate cases, and carry out other duties as
assigned by the division. Special function officers may be employed through contract with the
Department of Public Safety, any P.O.S.T. certified law enforcement agency, or directly hired by the
Section 7. Section 62A-7-125 is enacted to read:
62A-7-125. Youth services for prevention and early intervention -- Director of
programs -- Program standards.
(1) The division shall establish and operate prevention and early intervention youth services
(2) The division shall adopt with the approval of the board statewide policies and
procedures, including minimum standards for the organization and operation of youth services
(3) The division shall establish housing, programs, and procedures to ensure that youth who
are receiving services under this section and who are not in the custody of the division are served
separately from youth who are in custody of the division.
Section 8. Effective date.
This act takes effect on July 1, 2002.
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