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S.B. 17 Enrolled
This bill amends the duties of a foster care citizen review board and the court for
reviewing cases involving children in the custody of the Division of Child and Family
. requires that the six month reviews of a case involving a child in the custody of the
Division of Child and Family Services be conducted until the court terminates the
state's custody of the child;
. requires that in cases where a court conducted a six month review hearing, a foster
care citizen review board must conduct a review of the case within 18 months of the
date that the child was removed from the child's home;
. removes the requirement that a court provide notice to the Foster Care Citizen
Review Board Steering Committee of a determination or finding made by the court;
. provides that the Foster Care Citizen Review Board Steering Committee shall have
access to certain court records and shall forward relevant information from those
records to the appropriate foster care citizen review board; and
. makes technical changes.
Monies Appropriated in this Bill:
Other Special Clauses:
Utah Code Sections Affected:
78-3g-103, as last amended by Chapter 208, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-3g-103 is amended to read:
78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
(1) Within appropriations from the Legislature, foster care citizen review boards shall be
established in each Juvenile Court district in the state, to act as the panels described in 42 U.S.C.
Sections 675(5) and (6), [
reviews are conducted.
(2) (a) The committee shall appoint seven members to each board.
(b) Five [
socio-economic, and professional diversity found in the community.
(i) a chair[
(ii) a vice chair[
(iii) other officers as it considers appropriate.
board regarding division policy and procedure.
(3) With regard to each child in its custody, the division shall:
(a) provide the appropriate [
(b) ensure that each appropriate board is provided with the entire case file regarding each
of its pertinent cases.
(4) (a) In districts or areas where foster care citizen review boards [
established, a periodic [
review shall be conducted by the court or a board with regard to each child in the division's
(i) no less frequently than once every six months, in accordance with:
(A) Section 78-3a-313 ; and
(B) 42 U.S.C. Sections 675(5) and (6)[
(ii) until the court terminates the state's custody of the child.
(b) In cases where the court has conducted a six month review hearing, a [
child's removal from [
participation of the child's:
(i) natural parents[
(ii) foster parents[
(iii) preadoptive parents[
(iv) any relative providing care for the child.
(d) Notice of the periodic review described in this Subsection (4) shall be provided to
(i) provide opportunities for separate interviews with parents and foster parents in each
(ii) conduct an individual interview with each affected child who is old enough to
participate in an interview, unless the child affirmatively chooses not to participate. [
(f) A child who is interviewed under Subsection (4)(e)(ii) may, at the child's request, [
the support person is not an alleged perpetrator.
the request of the court.
prepare a dispositional report regarding the child's case and plan. The periodic review and the
dispositional report shall:
(a) be consistent with [
(i) Title 62A, Chapter 4a, Child and Family Services[
(ii) Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings[
(b) include at least the following considerations:
accomplished by the:
(B) if revisions are needed, how the plan should be revised;
described in the plan[
(iv) whether [
assisting, or will assist, the parent and child to achieve the plan's objectives within the statutory
in the interventions described in the plan;
causes necessitating the child's removal or continued placement;
(ix) the concurrent permanency goal for the child [
(x) if a final permanency plan has been established, an opinion regarding the
appropriateness of that permanency plan; [
Title 78, Chapter 3a, Part 3, [
limitation on reunification services required by Section 78-3a-311 [
(xii) the board's opinion regarding when it estimates that the child will achieve
(6) (a) [
(i) the court[
(ii) the division[
(iii) all parties to an action [
(b) The [
part of the court's legal file.
(c) The dispositional report described in Subsection (5):
(i) shall be received and reviewed by the court in the same manner as the court receives
and reviews the reports described in Section 78-3a-505 [
(ii) if determined to be an ex parte communication with a judge, shall be considered a
communication authorized by law[
(iii) may be:
(A) received as evidence[
(B) considered by the court along with other evidence.
(d) The court may require any person who participated in the dispositional report
described in Subsection (5) to appear as a witness if the person is reasonably available.
(e) (i) For cases subject to review by a board pursuant to this section, the committee shall
have access to the following court records:
(C) other determinations; and
(D) records regarding the time and purpose of hearings.
(ii) The committee shall provide to the appropriate board the information obtained under
Subsection (6)(e)(i) that is relevant to a review conducted by the board.
(7) (a) [
board may not receive:
(i) financial compensation or benefits for [
(ii) per diem or expenses for [
(b) Notwithstanding Subsection (7)(a), a member may be:
(i) reimbursed for mileage on days that [
rates established by the Division of Finance; and
(ii) provided with a meal on days that [
and donations in accordance with the requirements described in Subsection 78-3g-102 (8).
district or area where a board has not been established, either the court or the Division of Child
and Family Services shall conduct the reviews in accordance with the provisions of [
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