S.B. 165

1

CHILD WELFARE SERVICES
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Parley G. Hellewell
5
6 LONG TITLE
7 General Description:
8 This bill amends provisions of the Utah Human Services Code relating to family
9 preservation services and funding.
10 Highlighted Provisions:
11 This bill:
12 . requires the Division of Child and Family Services, within the Department of
13 Human Services to apply for, and make a substantial effort to obtain, a federal
14 waiver for a child or family receiving family preservation services if:
15 . the family preservation services may be safely provided while the child remains
16 in the physical custody of a parent or guardian of the child; and
17 . obtaining a federal waiver may make it possible for the family preservation
18 services to be provided while the child remains in the physical custody of a
19 parent or guardian of the child; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 62A-4a-202, as last amended by Chapter 100, Laws of Utah 2004

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 62A-4a-202 is amended to read:
31 62A-4a-202. Preventive services -- Family preservation services.
32 (1) (a) Within appropriations from the Legislature and monies obtained under
33 Subsection (5), the division shall provide preventive, in-home services and family preservation
34 services for families whose children are at immediate risk of being removed from the home and
35 for families in crisis, if:
36 (i) the child's welfare is not immediately endangered; and
37 (ii) the division determines that it is possible and appropriate.
38 (b) In determining whether preventive or family preservation services are reasonable
39 and appropriate, in keeping with the provisions of Subsection 62A-4a-201 (1) the child's health,
40 safety, and welfare shall be the paramount concern.
41 (c) The division shall consider whether [those] the services described in Subsection
42 (1)(b):
43 (i) will be effective within a six-month period[,]; and [whether they]
44 (ii) are likely to prevent [reabuse] abuse or continued neglect of the child.
45 (2) The division shall maintain a statewide inventory of early intervention, preventive,
46 and family preservation services available through public and private agencies or individuals
47 for use by caseworkers. The inventory shall include:
48 (a) the method of accessing each service;
49 (b) eligibility requirements for each service; [and]
50 (c) the geographic areas and the number of families that can be served by each
51 service[,]; and
52 (d) information regarding waiting lists for each service.
53 (3) As a part of its preventive services, the division shall provide family preservation
54 services that:
55 (a) are short-term, intensive, crisis intervention programs[,]; and [that]
56 (b) address:
57 [(a)] (i) the safety of children;
58 [(b)] (ii) the physical and emotional needs of parents and children, including evaluating

59 specific needs of the family, including depression, addiction, and mental illness;
60 [(c)] (iii) the child's physical surroundings, including:
61 (A) cleaning and repairing physical housing[,]; and
62 (B) addressing needs for necessities such as food, heat, and electricity;
63 [(d)] (iv) personal cleanliness[,];
64 (v) nutrition[, and];
65 (vi) provision of personal grooming supplies and clothing;
66 [(e)] (vii) budgeting[,];
67 (viii) money management[, and];
68 (ix) employment; and
69 [(f)] (x) parenting skills, including:
70 (A) nonviolent discipline[,];
71 (B) nurturing[, and];
72 (C) structure[,]; and
73 (D) teaching:
74 (I) responsibility[,];
75 (II) respect for others[,];
76 (III) cooperation[,]; and
77 (IV) moral values.
78 (4) (a) The division may use only specially trained caseworkers or private providers to
79 provide the family preservation services described in Subsection (3).
80 (b) Family preservation caseworkers may:
81 (i) only be assigned a minimum number of families[, but the division shall require that
82 they];
83 (ii) be available 24 hours each day for an intensive period of at least six weeks[,]; and
84 [that they]
85 (iii) respond to an assigned family within 24 hours.
86 (c) The division shall allow family preservation caseworkers to be creative and flexible
87 in responding to the needs of each individual family.
88 (5) To provide, expand, and improve the delivery of in-home services to prevent the
89 removal of children from their homes and promote the preservation of families, the division

90 shall make substantial effort to obtain funding, including:
91 (a) federal grants; and
92 [(b) federal waivers; and]
93 [(c)] (b) private monies.
94 (6) The division shall apply for, and make a substantial effort to obtain, a federal
95 waiver if:
96 (a) family preservation services are being provided to a child or the child's family;
97 (b) the family preservation services described in Subsection (6)(a) may be safely
98 provided while the child remains in the physical custody of a parent or guardian of the child;
99 and
100 (c) obtaining a federal waiver may make it possible for the family preservation services
101 described in Subsection (6)(a) to be provided while the child remains in the physical custody of
102 a parent or guardian of the child.




Legislative Review Note
as of 1-28-05 7:47 AM

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