H.B. 120

1

CHILD WELFARE FUNDING FOR IN-HOME
2 SERVICES
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Thompson
6
7 LONG TITLE
8 General Description:
9 This bill amends Child and Family Services.
10 Highlighted Provisions:
11 This bill:
12 . requires the Division of Child and Family Services to seek funding for in-home
13 services to prevent the removal of children from their homes and promote the
14 preservation of families.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 62A-4a-202, as last amended by Chapter 94, Laws of Utah 2003
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 62A-4a-202 is amended to read:
25 62A-4a-202. Preventive services -- Family preservation services.
26 (1) (a) Within appropriations from the Legislature and monies obtained under
27 Subsection (5), the division shall provide preventive, in-home services and family preservation

28 services for families whose children are at immediate risk of being removed from the home and
29 for families in crisis, if:
30 (i) the child's welfare is not immediately endangered; and
31 (ii) the division determines that it is possible and appropriate.
32 (b) In determining whether preventive or family preservation services are reasonable
33 and appropriate, in keeping with the provisions of Subsection 62A-4a-201 (1) the child's health,
34 safety, and welfare shall be the paramount concern. The division shall consider whether those
35 services will be effective within a six-month period, and whether they are likely to prevent
36 reabuse or continued neglect of the child.
37 (2) The division shall maintain a statewide inventory of early intervention, preventive,
38 and family preservation services available through public and private agencies or individuals
39 for use by caseworkers. The inventory shall include:
40 (a) the method of accessing each service;
41 (b) eligibility requirements for each service; and
42 (c) the geographic areas and the number of families that can be served by each service,
43 and information regarding waiting lists for each service.
44 (3) As a part of its preventive services, the division shall provide family preservation
45 services that are short-term, intensive, crisis intervention programs, and that address:
46 (a) the safety of children;
47 (b) the physical and emotional needs of parents and children[; the division shall also
48 evaluate], including evaluating specific needs of the family, including depression, addiction,
49 and mental illness;
50 (c) the child's physical surroundings, including cleaning and repairing physical
51 housing, and addressing needs for necessities such as food, heat, and electricity;
52 (d) personal cleanliness, nutrition, and provision of personal grooming supplies and
53 clothing;
54 (e) budgeting, money management, and employment; and
55 (f) parenting skills, including nonviolent discipline, nurturing, and structure, and
56 teaching responsibility, respect for others, cooperation, and moral values.
57 (4) (a) The division may use only specially trained caseworkers or private providers to
58 provide the family preservation services described in Subsection (3).

59 (b) Family preservation caseworkers may only be assigned a minimum number of
60 families, but the division shall require that they be available 24 hours for an intensive period of
61 at least six weeks, and that they respond to an assigned family within 24 hours.
62 (c) The division shall allow family preservation caseworkers to be creative and flexible
63 in responding to the needs of each individual family.
64 (5) To provide, expand, and improve the delivery of in-home services to prevent the
65 removal of children from their homes and promote the preservation of families, the division
66 shall make every effort to obtain funding, including:
67 (a) federal grants;
68 (b) federal waivers; and
69 (c) private monies.




Legislative Review Note
as of 1-22-04 5:47 PM

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

Office of Legislative Research and General Counsel