Download Zipped Introduced WP 9 HB0035.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 35

             1     

CONSOLIDATION OF CHILD WELFARE

             2     
REPORTS

             3     
2003 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Gregory H. Hughes

             6      This act modifies the Human Services Code. This act modifies and consolidates reports
             7      pertaining to the state's child welfare system.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          62A-4a-107, as last amended by Chapter 101, Laws of Utah 1999
             11          62A-4a-117, as last amended by Chapter 274, Laws of Utah 1998
             12          62A-4a-118, as last amended by Chapter 140, Laws of Utah 2000
             13          62A-4a-202, as last amended by Chapter 274, Laws of Utah 1998
             14          62A-4a-202.7, as last amended by Chapter 283, Laws of Utah 2002
             15          78-3a-911, as last amended by Chapter 168, Laws of Utah 2002
             16          78-3g-102, as last amended by Chapter 1, Laws of Utah 2000
             17      Be it enacted by the Legislature of the state of Utah:
             18          Section 1. Section 62A-4a-107 is amended to read:
             19           62A-4a-107. Mandatory education and training of caseworkers -- Development of
             20      curriculum.
             21          (1) There is created within the division a full-time position of Child Welfare Training
             22      Coordinator, who shall be appointed by and serve at the pleasure of the director. The employee
             23      in that position shall not be responsible for direct casework services or the supervision of those
             24      services, but shall:
             25          (a) develop child welfare curriculum that is current and effective, consistent with the
             26      division's mission and purpose for child welfare;
             27          (b) recruit, select, and supervise child welfare trainers;



             28          (c) develop a statewide training program, including a budget and identification of
             29      sources of funding to support that training;
             30          (d) evaluate the efficacy of training in improving job performance;
             31          (e) assist child protective services and foster care workers in developing and fulfilling
             32      their individual training plans;
             33          (f) monitor staff compliance with division training requirements and individual training
             34      plans; and
             35          (g) expand the collaboration between the division and schools of social work within
             36      institutions of higher education in developing child welfare services curriculum, and in
             37      providing and evaluating training[; and].
             38          [(h) report annually to the board and the Legislature on training activities, compliance
             39      with the training plan, and achievement of individual training goals.]
             40          (2) (a) The director shall, with the assistance of the child welfare training coordinator,
             41      establish a core curriculum for child welfare services that is substantially equivalent to the
             42      Child Welfare League of America's Core Training for Child Welfare Caseworkers Curriculum.
             43          (b) Any child welfare worker who is employed by the division for the first time after
             44      July 1, 1999, shall, before assuming significant independent casework responsibilities,
             45      successfully complete:
             46          (i) the core curriculum; and
             47          (ii) except as provided in Subsection (2)(c), on-the-job training that consists of
             48      observing and accompanying at least two capable and experienced child welfare workers as
             49      they perform work-related functions:
             50          (A) for three months if the worker has less than six months of on-the-job experience as
             51      a child welfare worker; or
             52          (B) for two months if the worker has six months or more but less than 24 months of
             53      on-the-job experience as a child welfare worker.
             54          (c) A child welfare worker with at least 24 months of on-the-job experience is not
             55      required to receive on-the-job training under Subsection (2)(b)(ii).
             56          [(3) The division shall provide an annual report to the Legislative Child Welfare
             57      Oversight Panel before November 1 on the implementation and status of on-the-job training for
             58      child welfare workers required under Subsection (2).]



             59          Section 2. Section 62A-4a-117 is amended to read:
             60           62A-4a-117. Performance monitoring system.
             61          (1) As used in this section:
             62          (a) "Performance goals" means a target level of performance or an expected level of
             63      performance against which actual performance is compared.
             64          (b) "Performance indicators" means actual performance information regarding a
             65      program or activity.
             66          (c) "Performance monitoring system" means a process to regularly collect and analyze
             67      performance information including performance indicators and performance goals.
             68          (2) On or before May 1, 1996, the director, in cooperation with the board, shall develop
             69      a performance monitoring system of each area in the child welfare system, including foster care
             70      and other substitute care, child protective services, and adoption.
             71          (3) On or before June 1, 1996, the director shall submit a description of that monitoring
             72      system to the Child Welfare Legislative Oversight Panel for review.
             73          (4) The division shall fully implement a performance monitoring system on or before
             74      October 1, 1996.
             75          (5) [On or before December 31, 1997, and each year thereafter, the director shall
             76      submit, to the Legislative Fiscal Analyst and the director of the Office of Legislative Research
             77      and General Counsel,] Before January 1 each year the director shall submit a written report
             78      describing the difference between actual performance and performance goals for the prior fiscal
             79      year[.(6) The Legislative Fiscal Analyst shall convey the information contained in that report
             80      to the Health and Human Services Appropriation Subcommittee during the general session
             81      immediately following submission of the report. The subcommittee may consider that
             82      information in its deliberations regarding the budget for the division. The director of the Office
             83      of Legislative Research and General Counsel shall convey the information in that report] to the
             84      Child Welfare Legislative Oversight Panel [and to], the Joint Health and Human Services
             85      Appropriations Subcommittee, and the Utah Tomorrow Strategic Planning Committee. The
             86      report shall include:
             87          (a) a summary of the division's efforts during the prior fiscal year to implement the
             88      Performance Milestone Plan;
             89          (b) a summary of how performance must be improved to achieve full implementation


             90      of the Performance Milestone Plan;
             91          (c) data on the extent to which new and experienced division employees have received
             92      training pursuant to statute and division policy;
             93          (d) an analysis of the use and efficacy of family preservation services, both before and
             94      after removal of children from their homes; and
             95          (e) a description of the extent to which the pilot program under Section 62A-4a-202.7
             96      has been expanded during the prior fiscal year and an explanation of how the performance of
             97      regions that have previously implemented the program has been affected by the program,
             98      including data showing the number of referrals to the division:
             99          (i) accepted for an investigation;
             100          (ii) accepted for a family assessment; or
             101          (iii) not accepted.
             102          Section 3. Section 62A-4a-118 is amended to read:
             103           62A-4a-118. Annual review of child welfare referrals and cases by executive
             104      director -- Accountability to the Legislature -- Review by Legislative Auditor General.
             105          (1) The division shall use principles of quality management systems, including
             106      statistical measures of processes of service, and the routine reporting of performance data to
             107      employees.
             108          (2) (a) In addition to development of quantifiable outcome measures and performance
             109      measures in accordance with Section 62A-4a-117 , the executive director, or his designee, shall
             110      annually review a randomly selected sample of child welfare referrals to and cases handled by
             111      the division. The purpose of that review shall be to assess whether the division is adequately
             112      protecting children and providing appropriate services to families, in accordance with the
             113      provisions of Title 62A, Chapter 4a, Child and Family Services, and Title 78, Chapter 3a, Part
             114      3, Abuse, Neglect, and Dependency Proceedings, and Part 4, Termination of Parental Rights
             115      Act. The review shall focus directly on the outcome of cases to children and families, and not
             116      simply on procedural compliance with specified criteria.
             117          (b) The executive director shall report, regarding his review of those cases, to the
             118      Legislative Auditor General[,] and the Child Welfare Legislative Oversight Panel[, and the
             119      Health and Human Services Interim Committee each year, on dates scheduled by the panel and
             120      committee].


             121          (c) Information obtained as a result of the review shall be provided to caseworkers,
             122      supervisors, and division personnel involved in the respective cases, for purposes of education,
             123      training, and performance evaluation.
             124          (3) The executive director's review and report to the Legislature shall include:
             125          (a) the criteria used by the executive director, or his designee, in making the
             126      evaluation;
             127          (b) findings regarding whether state statutes, division policy, and legislative policy
             128      were followed in each sample case;
             129          (c) findings regarding whether, in each sample case, referrals, removals, or cases were
             130      appropriately handled by the division and its employees, and whether children were adequately
             131      and appropriately protected and appropriate services provided to families, in accordance with
             132      the provisions of Title 62A, Chapter 4a, and Title 78, Chapter 3a, Parts 3 and 4, and division
             133      policy;
             134          (d) an assessment of the division's intake procedures and decisions, including an
             135      assessment of the appropriateness of decisions not to accept referrals; and
             136          (e) an assessment of the appropriateness of the division's assignment of priority.
             137          (4) (a) In addition to the review conducted by the executive director, the Legislative
             138      Auditor General shall audit a sample of child welfare referrals to and cases handled by the
             139      division, and report his findings to the Child Welfare Legislative Oversight Panel [and the
             140      Health and Human Services Interim Committee each year, on dates scheduled by the panel and
             141      committee] each year.
             142          (b) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
             143      General's report shall include:
             144          (i) findings regarding whether state statutes, division policy, and legislative policy were
             145      followed by the division and its employees;
             146          (ii) a determination regarding whether referrals, removals, and cases were appropriately
             147      handled by the division and its employees, and whether children were adequately and
             148      appropriately protected and appropriate services provided for families, in accordance with the
             149      provisions of Title 62A, Chapter 4a, and Title 78, Chapter 3a, Parts 3 and 4, and division
             150      policy;
             151          (iii) an assessment of the division's intake procedures and decisions, including an


             152      assessment of the appropriateness of decisions not to accept referrals;
             153          (iv) an assessment of the appropriateness of the division's assignment of priority; and
             154          (v) a determination regarding whether the department's review process is effecting
             155      beneficial change within the division and accomplishing the mission established by the
             156      Legislature and the department for that review process.
             157          Section 4. Section 62A-4a-202 is amended to read:
             158           62A-4a-202. Preventive services -- Family preservation services.
             159          (1) (a) Within appropriations from the Legislature, the division shall provide
             160      preventive, in-home services and family preservation services for families whose children are
             161      at immediate risk of being removed from the home and for families in crisis, if the child's
             162      welfare is not immediately endangered and the division determines that it is possible and
             163      appropriate.
             164          (b) In determining whether preventive or family preservation services are reasonable
             165      and appropriate, in keeping with the provisions of Subsection 62A-4a-201 (1) the child's health,
             166      safety, and welfare shall be the paramount concern. The division shall consider whether those
             167      services will be effective within a six-month period, and whether they are likely to prevent
             168      reabuse or continued neglect of the child.
             169          (2) [(a) On or before December 1, 1994, the] The division shall [complete] maintain a
             170      statewide inventory of early intervention, preventive, and family preservation services [that are]
             171      available through public and private agencies or individuals for use by caseworkers. The
             172      inventory shall [also] include:
             173          [(i)] (a) the method of accessing each service;
             174          [(ii)] (b) eligibility requirements for each service; and
             175          [(iii)] (c) the geographic areas and the number of families that can be served by each
             176      service, and information regarding waiting lists for each service.
             177          [(b) The information shall be stored, updated annually, and made available in a usable
             178      form as a resource directory for all caseworkers.]
             179          [(c) The division shall provide a copy of the inventory to the Office of Legislative
             180      Research and General Counsel on or before December 1, 1994, and each subsequent year
             181      thereafter.]
             182          (3) As a part of its preventive services, the division shall provide family preservation


             183      services that are short-term, intensive, crisis intervention programs, and that address:
             184          (a) the safety of children;
             185          (b) the physical and emotional needs of parents and children; the division shall also
             186      evaluate specific needs of the family, including depression, addiction, and mental illness;
             187          (c) the child's physical surroundings, including cleaning and repairing physical
             188      housing, and addressing needs for necessities such as food, heat, and electricity;
             189          (d) personal cleanliness, nutrition, and provision of personal grooming supplies and
             190      clothing;
             191          (e) budgeting, money management, and employment; and
             192          (f) parenting skills, including nonviolent discipline, nurturing, and structure, and
             193      teaching responsibility, respect for others, cooperation, and moral values.
             194          (4) (a) The division may use only specially trained caseworkers or private providers to
             195      provide the family preservation services described in Subsection (3).
             196          (b) Family preservation caseworkers may only be assigned a minimum number of
             197      families, but the division shall require that they be available 24 hours for an intensive period of
             198      at least six weeks, and that they respond to an assigned family within 24 hours.
             199          (c) The division shall allow family preservation caseworkers to be creative and flexible
             200      in responding to the needs of each individual family.
             201          Section 5. Section 62A-4a-202.7 is amended to read:
             202           62A-4a-202.7. Pilot program for differentiated responses to child abuse and
             203      neglect reports.
             204          (1) (a) Before July 1, 2000, the executive director shall select no less than one and no
             205      more than three regions within the division to establish a pilot program that complies with the
             206      provisions of this section.
             207          (b) After July 1, 2001, the executive director may add one region, in addition to those
             208      selected under Subsection (1)(a), to the pilot program every four months.
             209          (2) This section shall be repealed in accordance with Section 63-55-262 .
             210          (3) (a) This section applies only to:
             211          (i) those regions that have been selected under Subsection (1) to participate in this pilot
             212      program; and
             213          (ii) the response of the division to reports of child abuse or neglect in the participating


             214      regions.
             215          (b) Except as provided in Subsection (3)(a), nothing in this section may be construed
             216      as:
             217          (i) superceding or otherwise altering the provisions of this chapter or Title 78, Chapter
             218      3a, Part 3, Abuse, Neglect, and Dependency Proceedings; or
             219          (ii) as restricting the ability of the division to provide services, remove the child, or
             220      otherwise proceed in accordance with this chapter and Title 78, Chapter 3a, Part 3, Abuse,
             221      Neglect, and Dependency Hearings.
             222          (4) Within each region selected, the division shall establish a process that classifies
             223      reports of child abuse and neglect into one of the following three categories:
             224          (a) accepted for an investigation;
             225          (b) accepted for a family assessment; and
             226          (c) not accepted.
             227          (5) The division may only initiate contact with a family member in connection with a
             228      report if the report has been officially accepted by the division for investigation or family
             229      assessment in accordance with this section.
             230          (6) (a) Except as provided in Subsection (7), a report shall be accepted for an
             231      investigation if:
             232          (i) required by Section 62A-4a-409 ; or
             233          (ii) three prior reports involving the same family have been accepted by the division for
             234      either an investigation or a family assessment.
             235          (b) Except as provided in Subsection (6)(c), the division shall conduct an investigation
             236      of a report accepted pursuant to Subsection (6)(a) in accordance with Section 62A-4a-409 .
             237          (c) The division may refer a case for a family assessment if at any time during the
             238      investigation, the division determines that:
             239          (i) the case is limited to a form of abuse or neglect listed in Subsection (7); or
             240          (ii) (A) the harm to the child is minor; and
             241          (B) the family indicates a willingness to participate in a family assessment.
             242          (d) The division shall conduct an investigation anytime that it receives a report
             243      accepted for investigation under this Subsection (6), even if:
             244          (i) the report also includes allegations that would qualify for a family assessment under


             245      Subsection (7); or
             246          (ii) a second report is received before the investigation has occurred that would qualify
             247      for a family assessment under Subsection (7).
             248          (7) A report shall be accepted for a family assessment if there is a reasonable basis to
             249      suspect that:
             250          (a) the child is ungovernable; or
             251          (b) one or more of the following has occurred:
             252          (i) neglect involving a verbal child who is six years of age or older that is not serious or
             253      chronic;
             254          (ii) lack of proper supervision of a child;
             255          (iii) domestic violence outside of a child's presence;
             256          (iv) the receipt of three unaccepted reports involving the same family;
             257          (v) a parent and child conflict indicating a significant breakdown in the parent-child
             258      relationship and the need for direct intervention to prevent a foreseeable risk of violence or
             259      abuse; or
             260          (vi) educational neglect.
             261          (8) The purpose of a family assessment is to:
             262          (a) ensure that the child is safe;
             263          (b) seek the cooperation of the family in learning about and participating in state and
             264      community services; and
             265          (c) determine with the family whether the family could benefit from division or
             266      community services in view of the specific strengths, challenges, available resources, and
             267      needs of the family.
             268          (9) (a) The division shall visit the child's home within three working days to begin a
             269      family assessment for a report accepted pursuant to Subsection (7).
             270          (b) In accordance with Subsection (8), the division shall seek the cooperation of the
             271      family in participating in a family assessment.
             272          (c) If the family declines to participate in a family assessment at the initial point of
             273      contact, the division shall, by virtue of the fact that a report was accepted pursuant to
             274      Subsection (7):
             275          (i) complete the family assessment components provided in Subsection (10); and


             276          (ii) initiate an investigation if there is evidence of abuse or neglect for which an
             277      investigation is required under Subsection (6).
             278          (10) A family assessment shall consist of the following components:
             279          (a) an analysis of the circumstances resulting in the report;
             280          (b) a risk assessment designed to ensure the child's safety;
             281          (c) a thorough review of the division's records of prior involvement with the family;
             282      and
             283          (d) speaking face-to-face with the child, which may be conducted outside of the
             284      presence of others if the division believes that it is necessary and appropriate under the
             285      circumstances.
             286          (11) (a) A family assessment may include additional information from the family as
             287      may be needed and that the family is willing to provide to better understand the family's
             288      strengths, challenges, available resources, and needs.
             289          (b) In requesting information under Subsection (11)(a), the division shall explain to the
             290      family how it intends to use the information it collects.
             291          (c) In performing a family assessment, the division shall inform the family orally or in
             292      writing before the division contacts persons who are not immediate family members.
             293          (12) (a) The division shall initiate an investigation if it determines during the course of
             294      a family assessment that an investigation is required under Subsection (6).
             295          (b) A family assessment may be discontinued if after completing the family assessment
             296      components the division determines that:
             297          (i) the circumstances do not warrant further involvement; or
             298          (ii) the family requests the discontinuation of the assessment.
             299          (13) The division may perform a family assessment for a family that requests one, even
             300      if a report has not been accepted for a family assessment.
             301          (14) A family assessment shall be completed within 30 days of the initial contact with
             302      the family.
             303          (15) (a) With respect to information acquired from a family assessment, the division
             304      may only record the family assessment components described in Subsection (10) onto the
             305      Management Information System described in Section 62A-4a-116 .
             306          (b) Nothing in Subsection (15)(a) may be construed as limiting the information that


             307      may be recorded onto the management information system as a result of:
             308          (i) a report of child abuse or neglect;
             309          (ii) an investigation;
             310          (iii) division services provided to the family; or
             311          (iv) any other division involvement with the family apart from the family assessment.
             312          (16) All references to a report accepted for a family assessment shall be deleted from
             313      the management information system after five years unless:
             314          (a) the executive director determines that there is good cause for keeping the report on
             315      the management information system based on standards established by rule; or
             316          (b) a subsequent report involving the same alleged initiator has occurred within that
             317      five-year period.
             318          (17) In connection with this pilot program, the division shall:
             319          (a) standardize the key elements of the program;
             320          (b) adequately train division employees to:
             321          (i) process and classify incoming reports;
             322          (ii) perform family assessments; and
             323          (iii) conduct investigations;
             324          (c) work within the FACT initiative to identify community partnerships to facilitate
             325      delivery of services based on family assessments;
             326          (d) establish quality assurance panels to review no less than twice each month the
             327      appropriateness of classifying reports as unaccepted;
             328          (e) consider the feasibility and, if appropriate, implementation of a system that:
             329          (i) directs incoming reports of child abuse and neglect to a central location; and
             330          (ii) sends reports from the central location to the appropriate regional offices for a
             331      determination of whether, applying the provisions of this section, a particular report should be
             332      accepted for investigation, accepted for a family assessment, or not accepted;
             333          (f) contract before July 1, 2001, with an independent entity pursuant to Title 63,
             334      Chapter 56, Utah Procurement Code, to evaluate the outcomes of the pilot program with
             335      respect to:
             336          (i) the safety of children;
             337          (ii) the needs and perspectives of families;


             338          (iii) the recurrence of child abuse and neglect;
             339          (iv) the perspectives of child welfare and community partners;
             340          (v) the perspectives of division employees; and
             341          (vi) other areas identified by the division; and
             342          (g) send a copy of any written report by the independent evaluator to the Child Welfare
             343      Legislative Oversight Panel within 30 days of receipt[; and].
             344          [(h) send a written report to the Child Welfare Legislative Oversight Panel 30 days
             345      before a region is added to the pilot program pursuant to Subsection (1)(b), identifying:]
             346          [(i) the overall status of the pilot program; and]
             347          [(ii) the reasons supporting the executive director's decision to expand the pilot
             348      program to the region selected.]
             349          Section 6. Section 78-3a-911 is amended to read:
             350           78-3a-911. Office of Guardian Ad Litem Director -- Appointment of director --
             351      Duties of director -- Contracts in second, third, and fourth districts.
             352          (1) There is hereby created the Office of Guardian Ad Litem Director under the direct
             353      supervision of the Judicial Council in accordance with Subsection 78-3-21 (13).
             354          (2) (a) The Judicial Council shall appoint one person to serve full time as the guardian
             355      ad litem director for the state. The guardian ad litem director shall serve at the pleasure of the
             356      Judicial Council.
             357          (b) The director shall be an attorney licensed to practice law in this state and selected
             358      on the basis of:
             359          (i) professional ability;
             360          (ii) experience in abuse, neglect, and dependency proceedings;
             361          (iii) familiarity with the role, purpose, and function of guardians ad litem in both
             362      juvenile and district courts; and
             363          (iv) ability to develop training curricula and reliable methods for data collection and
             364      evaluation.
             365          (c) The director shall be trained in the United States Department of Justice National
             366      Court Appointed Special Advocate program prior to or immediately after his appointment.
             367          (3) The guardian ad litem director shall:
             368          (a) establish policy and procedure for the management of a statewide guardian ad litem


             369      program;
             370          (b) manage the guardian ad litem program to assure that minors receive qualified
             371      guardian ad litem services in abuse, neglect, and dependency proceedings in accordance with
             372      state and federal law and policy;
             373          (c) develop standards for contracts of employment and contracts with independent
             374      contractors, and employ or contract with attorneys licensed to practice law in this state, to act
             375      as attorney guardians ad litem in accordance with Section 78-3a-912 ;
             376          (d) develop and provide training programs for attorney guardians ad litem and
             377      volunteers in accordance with the United States Department of Justice National Court
             378      Appointed Special Advocates Association standards;
             379          (e) update and develop the guardian ad litem manual, combining elements of the
             380      National Court Appointed Special Advocates Association manual with specific information
             381      about the law and policy of this state;
             382          (f) develop and provide a library of materials for the continuing education of attorney
             383      guardians ad litem and volunteers;
             384          (g) educate court personnel regarding the role and function of guardians ad litem;
             385          (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
             386      that guardian ad litem training programs correspond with actual and perceived needs for
             387      training;
             388          (i) design and implement evaluation tools based on specific objectives targeted in the
             389      needs assessments described in Subsection (3)(h);
             390          (j) prepare and submit an annual report to the Judicial Council and the [Health and
             391      Human Services Interim Committee] Child Welfare Legislative Oversight Panel regarding the
             392      development, policy, and management of the statewide guardian ad litem program, and the
             393      training and evaluation of attorney guardians ad litem and volunteers;
             394          (k) hire, train, and supervise investigators; and
             395          (l) administer the program of private guardians ad litem established by Section
             396      78-7-45 .
             397          (4) A contract of employment or independent contract described under Subsection
             398      (3)(c) shall provide that attorney guardians ad litem in the second, third, and fourth judicial
             399      districts devote their full time and attention to the role of attorney guardian ad litem, having no


             400      clients other than the children whose interest they represent within the guardian ad litem
             401      program.
             402          Section 7. Section 78-3g-102 is amended to read:
             403           78-3g-102. Foster Care Citizen Review Board Steering Committee -- Membership
             404      -- Chair -- Compensation -- Duties.
             405          (1) There is created within state government the Foster Care Citizen Review Board
             406      Steering Committee composed of the following members:
             407          (a) a member of the Board of Child and Family Services, within the Department of
             408      Human Services, appointed by the chair of that board;
             409          (b) the director of the division, or his designee;
             410          (c) a juvenile court judge, appointed by the presiding officer of the Judicial Council;
             411          (d) a juvenile court administrator, appointed by the administrator of the courts;
             412          (e) a representative of the Utah Foster Parents Association, appointed by the president
             413      of that organization;
             414          (f) a representative of a statewide advocacy organization for children, appointed by the
             415      chair of the committee;
             416          (g) a representative of an agency or organization that provides services to children who
             417      have been adjudicated to be under the jurisdiction of the juvenile court, appointed by the chair
             418      of the committee;
             419          (h) the guardian ad litem director, appointed pursuant to Section 78-3a-911 , or the
             420      director's designee;
             421          (i) the director or chief of the child protection unit within the Office of the Attorney
             422      General, or his designee;
             423          (j) one person from each region who is a member of a board, appointed by the chair of
             424      the committee; and
             425          (k) a private citizen, appointed by the chair of the committee.
             426          (2) The persons described in Subsection (1) shall annually elect a chair of the
             427      committee from among themselves.
             428          (3) A majority of the members of the committee constitutes a quorum. The action of
             429      the majority of a quorum represents the action of the committee.
             430          (4) (a) Members of the committee who are not government employees shall receive no


             431      compensation or benefits for their services, but may receive per diem and expenses incurred in
             432      the performance of the member's official duties at the rates established by the Division of
             433      Finance under Sections 63A-3-106 and 63A-3-107 .
             434          (b) State government officer and employee members who do not receive salary, per
             435      diem, or expenses from their agency for their service may receive per diem and expenses
             436      incurred in the performance of their official duties from the board at the rates established by the
             437      Division of Finance under Sections 63A-3-106 and 63A-3-107 .
             438          (c) Local government members who do not receive salary, per diem, or expenses from
             439      the entity that they represent for their service may receive per diem and expenses incurred in
             440      the performance of their official duties at the rates established by the Division of Finance under
             441      Sections 63A-3-106 and 63A-3-107 .
             442          (d) Members of the committee may decline to receive per diem and expenses for their
             443      services.
             444          (5) The committee shall:
             445          (a) within appropriations from the Legislature, appoint members of boards in each
             446      juvenile court district;
             447          (b) supervise the recruitment, training, and retention of board members;
             448          (c) supervise and evaluate the boards;
             449          (d) establish and approve policies for the boards; and
             450          (e) submit a report detailing the results of the boards to the Child Welfare Legislative
             451      [Health and Human Services and] Oversight Panel, the Judiciary Interim [Committees]
             452      Committee, and the Board of Juvenile Court Judges[,] on or before December 31 of each year.
             453          (6) (a) The Department of Human Services shall provide fiscal management services,
             454      including payroll and accounting services, to the committee.
             455          (b) Within appropriations from the Legislature, the committee may hire professional
             456      and clerical staff as it considers necessary and appropriate.
             457          (7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
             458      committee may make rules necessary for:
             459          (a) recruitment, appointment, and training of board members;
             460          (b) supervision and evaluation of boards; and
             461          (c) establishment of policy for boards.


             462          (8) The committee may receive gifts, grants, devises, and donations. If the donor
             463      designates a specific purpose or use for the gift, grant, devise, or donation, it shall be used
             464      solely for that purpose. Undesignated gifts, grants, devises, and donations shall be used for
             465      foster care citizen review boards in accordance with the requirements and provisions of this
             466      chapter.




Legislative Review Note
    as of 12-2-02 3:31 PM


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

Office of Legislative Research and General Counsel


Interim Committee Note
    as of 12-12-02 4:41 PM


The Health and Human Services Interim Committee recommended this bill.

Legislative Committee Note
    as of 12-12-02 4:41 PM


The Child Welfare Legislative Oversight Panel recommended this bill.


[Bill Documents][Bills Directory]