Download Zipped Introduced WordPerfect SB0017.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]
6 LONG TITLE
7 General Description:
8 This bill amends the duties of a foster care citizen review board and the court for
9 reviewing cases involving children in the custody of the Division of Child and Family
11 Highlighted Provisions:
12 This bill:
13 . requires that the six month reviews of a case involving a child in the custody of the
14 Division of Child and Family Services be conducted until the court terminates the
15 state's custody of the child;
16 . requires that in cases where a court conducted a six month review hearing, a foster
17 care citizen review board must conduct a review of the case within 18 months of the
18 date that the child was removed from the child's home;
19 . removes the requirement that a court provide notice to the Foster Care Citizen
20 Review Board Steering Committee of a determination or finding made by the court;
21 . provides that the Foster Care Citizen Review Board Steering Committee shall have
22 access to certain court records and shall forward relevant information from those
23 records to the appropriate foster care citizen review board; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
27 Other Special Clauses:
29 Utah Code Sections Affected:
31 78-3g-103, as last amended by Chapter 208, Laws of Utah 2000
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 78-3g-103 is amended to read:
35 78-3g-103. Foster care citizen review boards -- Membership -- Responsibilities --
36 Periodic reviews.
37 (1) Within appropriations from the Legislature, foster care citizen review boards shall
38 be established in each Juvenile Court district in the state, to act as the panels described in 42
39 U.S.C. Sections 675(5) and (6), [
40 court reviews are conducted.
41 (2) (a) The committee shall appoint seven members to each board.
42 (b) Five [
44 of [
47 socio-economic, and professional diversity found in the community.
49 (i) a chair[
50 (ii) a vice chair[
51 (iii) other officers as it considers appropriate.
53 board regarding division policy and procedure.
54 (3) With regard to each child in its custody, the division shall:
55 (a) provide the appropriate [
57 (b) ensure that each appropriate board is provided with the entire case file regarding
58 each of its pertinent cases.
59 (4) (a) In districts or areas where foster care citizen review boards [
60 established, a periodic [
61 review shall be conducted by the court or a board with regard to each child in the division's
63 (i) no less frequently than once every six months, in accordance with:
64 (A) Section 78-3a-313 ; and
65 (B) 42 U.S.C. Sections 675(5) and (6)[
66 (ii) until the court terminates the state's custody of the child.
67 (b) In cases where the court has conducted a six month review hearing, a [
69 child's removal from [
72 participation of the child's:
73 (i) natural parents[
74 (ii) foster parents[
75 (iii) preadoptive parents[
76 (iv) any relative providing care for the child.
77 (d) Notice of the periodic review described in this Subsection (4) shall be provided to
79 78-3a-314 (1).
81 (i) provide opportunities for separate interviews with parents and foster parents in each
82 case; and
83 (ii) conduct an individual interview with each affected child who is old enough to
84 participate in an interview, unless the child affirmatively chooses not to participate. [
85 (f) A child who is interviewed under Subsection (4)(e)(ii) may, at the child's request,
87 that the support person is not an alleged perpetrator.
89 the request of the court.
90 (5) [
91 prepare a dispositional report regarding the child's case and plan. The periodic review and the
92 dispositional report shall:
93 (a) be consistent with [
94 (i) Title 62A, Chapter 4a, Child and Family Services[
95 (ii) Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings[
97 (b) include at least the following considerations:
99 accomplished by the:
100 (A) parent[
101 (B) child[
102 (C) division;
104 (B) if revisions are needed, how the plan should be revised;
106 described in the plan[
107 (iv) whether [
108 are assisting, or will assist, the parent and child to achieve the plan's objectives within the
109 statutory time limitations;
111 participated in the interventions described in the plan;
114 the causes necessitating the child's removal or continued placement;
116 (ix) the concurrent permanency goal for the child [
117 (x) if a final permanency plan has been established, an opinion regarding the
118 appropriateness of that permanency plan; [
120 Title 78, Chapter 3a, Part 3, [
121 month limitation on reunification services required by Section 78-3a-311 [
122 complied with[
123 (xii) the board's opinion regarding when it estimates that the child will achieve
125 (6) (a) [
126 submit [
127 (i) the court[
128 (ii) the division[
129 (iii) all parties to an action [
130 (b) The [
131 part of the court's legal file.
132 (c) The dispositional report described in Subsection (5):
133 (i) shall be received and reviewed by the court in the same manner as the court receives
134 and reviews the reports described in Section 78-3a-505 [
135 (ii) if determined to be an ex parte communication with a judge, shall be considered a
136 communication authorized by law[
137 (iii) may be:
138 (A) received as evidence[
139 (B) considered by the court along with other evidence.
140 (d) The court may require any person who participated in the dispositional report
141 described in Subsection (5) to appear as a witness if the person is reasonably available.
145 (e) (i) For cases subject to review by a board pursuant to this section, the committee
146 shall have access to the following court records:
147 (A) findings;
148 (B) orders;
149 (C) other determinations; and
150 (D) records regarding the time and purpose of hearings.
151 (ii) The committee shall provide to the appropriate board the information obtained
152 under Subsection (6)(e)(i) that is relevant to a review conducted by the board.
153 (7) (a) [
154 board may not receive:
155 (i) financial compensation or benefits for [
157 (ii) per diem or expenses for [
158 (b) Notwithstanding Subsection (7)(a), a member may be:
159 (i) reimbursed for mileage on days that [
160 rates established by the Division of Finance; and
162 (ii) provided with a meal on days that [
163 (8) [
164 and donations in accordance with the requirements described in Subsection 78-3g-102 (8).
165 (9) [
166 district or area where a board has not been established, either the court or the Division of Child
167 and Family Services shall conduct the reviews in accordance with the provisions of
Legislative Review Note
as of 11-27-04 2:29 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.
Office of Legislative Research and General Counsel
Interim Committee Note
as of 12-08-04 10:35 AM
The Health and Human Services Interim Committee recommended this bill.
Legislative Committee Note
as of 12-08-04 10:35 AM
The Child Welfare Legislative Oversight Panel recommended this bill.
[Bill Documents][Bills Directory]