H.B. 22

This document includes House Floor Amendments incorporated into the bill on Mon, Feb 13, 2006 at 3:56 PM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 13, 2006 at 4:10 PM by chopkin. --> 1

UTAH CHILD ABUSE PREVENTION BOARD
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Dan R. Eastman
6 Cosponsors:
7 Tim M. CosgroveDavid Litvack
Steven R. MascaroRosalind J. McGee 8
9 LONG TITLE
10 General Description:
11 This bill creates the Utah Child Abuse Prevention Board and transfers oversight of the
12 Children's Trust Account from the Child Abuse Advisory Council and the Board of
13 Child and Family Services to the Utah Child Abuse Prevention Board created by this
14 bill.
15 Highlighted Provisions:
16 This bill:
17 . defines terms;
18 . changes the name of the Children's Trust Account to the Children's Trust Fund;
19 . describes how funds in the Children's Trust Fund may be used;
20 . creates, within the Department of Health, the Utah Child Abuse Prevention Board
21 and lists the duties and powers of the board;
22 . grants the board the authority to administer the Children's Trust Fund;
23 . establishes membership of the board;
24 . provides for the organization of the board, including:
25 . the appointment of a chair; and
26 . the creation of committees;
27 . provides that members of the board serve without pay, but are entitled to a per diem

28 and reimbursement for expenses;
29 . creates the position of executive director of the Children's Trust Fund and
30 establishes the executive director's duties;
31 . provides for staff support of the board;
32 . requires the executive director of the Children's Trust Fund to report, for
33 consideration and decision, to the Health and Human Services Interim Committee
34 during the 2010 interim regarding the need to reauthorize or modify Title 26,
35 Chapter 7a, Children's Trust Fund, created by this bill;
36 . eliminates the responsibility of the Child Abuse Advisory Council and the Board of
37 Child and Family Services to oversee the Children's Trust Account or Children's
38 Trust Fund;
39 . provides, under the Legislative Oversight and Sunset Act, that Title 26, Chapter 7a,
40 Children's Trust Fund, created by this bill, will be repealed on July 1, 2011; and
41 . makes technical changes.
42 Monies Appropriated in this Bill:
43 None
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 26-2-12.5, as last amended by Chapter 202, Laws of Utah 1995
49 62A-4a-311, as last amended by Chapter 246, Laws of Utah 2003
50 63-55-226, as last amended by Chapter 86, Laws of Utah 2005
51 ENACTS:
52 26-7a-101, Utah Code Annotated 1953
53 26-7a-102, Utah Code Annotated 1953
54 26-7a-105, Utah Code Annotated 1953
55 26-7a-106, Utah Code Annotated 1953
56 26-7a-107, Utah Code Annotated 1953
57 26-7a-108, Utah Code Annotated 1953
58 26-7a-109, Utah Code Annotated 1953

59 26-7a-110, Utah Code Annotated 1953
60 RENUMBERS AND AMENDS:
61 26-7a-103, (Renumbered from 62A-4a-309, as last amended by Chapter 321, Laws of
62 Utah 2000)
63 26-7a-104, (Renumbered from 62A-4a-310, as renumbered and amended by Chapter
64 260, Laws of Utah 1994)
65
66 Be it enacted by the Legislature of the state of Utah:
67 Section 1. Section 26-2-12.5 is amended to read:
68 26-2-12.5. Certified copies of birth certificates -- Fees credited to Children's
69 Trust Fund.
70 (1) In addition to the fees provided for in Section 26-1-6 , the department and local
71 registrars authorized to issue certified copies shall charge an additional $3 fee for each certified
72 copy of a birth certificate, including certified copies of supplementary and amended birth
73 certificates, under Sections 26-2-8 through 26-2-11 . This additional fee may be charged only
74 for the first copy requested at any one time.
75 (2) The fee shall be transmitted monthly to the state treasurer and credited to the
76 Children's Trust [Account] Fund established in Section [ 62A-4a-309 ] 26-7a-103 .
77 Section 2. Section 26-7a-101 is enacted to read:
78 CHAPTER 7a. CHILDREN'S TRUST FUND
79 26-7a-101. Title.
80 This chapter is known as the "Children's Trust Fund."
81 Section 3. Section 26-7a-102 is enacted to read:
82 26-7a-102. Definitions.
83 As used in this chapter:
84 (1) "Board" means the Utah Child Abuse Prevention Board created in Section
85 26-7a-106 .
86 (2) "Child abuse and neglect" means the same as the term "child abuse or neglect"
87 defined in Section 62A-4a-402 .
88 (3) "Executive director" means the executive director of the Children's Trust Fund
89 described in Section 26-7a-109 .

90 (4) "Trust fund" means the Children's Trust Fund created under Section 26-7a-103 .
91 Section 4. Section 26-7a-103 , which is renumbered from Section 62A-4a-309 is
92 renumbered and amended to read:
93 [62A-4a-309]. 26-7a-103. Children's Trust Fund.
94 (1) There shall be a restricted account within the General Fund [to] that shall be known
95 as the Children's Trust [Account] Fund. [This account is for crediting of]
96 (2) The trust fund shall receive:
97 (a) allocations and contributions from government, public, and private sources; [and
98 from appropriate]
99 (b) revenues received under Section 26-2-12.5 for child abuse and neglect prevention
100 programs described in Section [ 62A-4a-305 ] 26-7a-105 ; and
101 (c) interest earned on the trust fund.
102 [(2)] (3) Money shall be:
103 (a) appropriated from the [account] trust fund to the [division] board by the Legislature
104 under [the Utah] Title 63, Chapter 38, Budgetary Procedures Act[,]; and [shall be]
105 (b) drawn upon by the executive director of the trust fund under the direction of the
106 board.
107 [(3)] (4) (a) [The Children's Trust Account] Except as provided in Subsection (4)(b),
108 the trust fund may only be used [only] to implement prevention programs described in Section
109 [ 62A-4a-305 , and may only be allocated to entities that provide a one-to-one match,
110 comprising a match from the community of at least 50% in cash and up to 50% in in-kind
111 donations, which is 25% of the total funding received from the Children's Trust Account. The
112 entity that receives the statewide evaluation contract is excepted from the cash-match
113 provisions of this Subsection (3)] 26-7a-105 .
114 (b) (i) At least 10% of the funds received by the trust fund during the fiscal year shall
115 be maintained as a trust investment.
116 (ii) Consistent with Subsection (4)(c), not more than 10% of the funds received by the
117 trust fund during the fiscal year may be used for the board's administrative expenses.
118 (iii) Funds received by the trust fund may be used as matching funds to qualify for
119 federal funds, if the matching funds and the federal funds are used for prevention programs
120 described in Section 26-7a-105 .

121 (c) Funds received by the trust fund may not be used for the board's administrative
122 expenses if other funds, appropriated by the Legislature, are available to pay for those
123 expenses.
124 (5) All funds received under Subsection (2) shall be:
125 (a) accounted for and expended in compliance with the requirements of federal and
126 state law; and
127 (b) available to the board to fulfill the duties of the board.
128 Section 5. Section 26-7a-104 , which is renumbered from Section 62A-4a-310 is
129 renumbered and amended to read:
130 [62A-4a-310]. 26-7a-104. Transfers and gifts.
131 On behalf of the [Children's Trust Account, the department, through the division,] trust
132 fund, the board may accept transfers, grants, gifts, bequests, or any money made available from
133 any source to implement this [part] chapter.
134 Section 6. Section 26-7a-105 is enacted to read:
135 26-7a-105. Prevention programs.
136 Programs contracted under this chapter:
137 (1) shall be designed to provide child abuse and neglect prevention; and
138 (2) may include only community-based programs that:
139 (a) relate to:
140 (i) prenatal care;
141 (ii) perinatal bonding;
142 (iii) child growth and development;
143 (iv) basic child care;
144 (v) care of children with special needs;
145 (vi) coping with family stress;
146 (vii) crisis care;
147 (viii) aid to parents;
148 (ix) child abuse education;
149 (x) support groups for:
150 (A) abusive H. [ or potentially abusive ] .H parents; and
151 (B) children of a parent described in Subsection (2)(a)(x)(A);

152 H. [ (xi) early identification of families where the potential for child abuse and neglect
153 exists;
154 (xii) ] (xi) .H positive youth development;
155 H. [ (xiii) ] (xii) .H mentoring;
156 H. [ (xiv) ] (xiii) .H academic enhancement;
157 H. [ (xv) ] (xiv) .H tutoring;
158 H. [ (xvi) ] (xv) .H literacy; or
159 H. [ (xvii) ] (xvi) .H parent education;
160 (b) include a component designed to prevent the occurrence or recurrence of, or reduce
161 the risk of:
162 (i) child abuse;
163 (ii) child neglect;
164 (iii) sexual molestation;
165 (iv) sexual exploitation;
166 (v) medical neglect; or
167 (vi) educational neglect;
168 (c) the board may consider potentially effective in reducing the incidence of family
169 problems leading to child abuse or neglect; or
170 (d) are designed to establish and assist community resources that prevent child abuse
171 and neglect.
172 Section 7. Section 26-7a-106 is enacted to read:
173 26-7a-106. Utah Child Abuse Prevention Board -- Creation and membership --
174 Appointments -- Terms -- Removal -- Nominating committee -- Executive committee --
175 Subcommittees.
176 (1) There is created within the Department of Health the Utah Child Abuse Prevention
177 Board.
178 (2) Subject to Subsection (3), the board is comprised of nine voting members as
179 follows:
180 (a) subject to Subsection (4):
181 (i) the executive director of the Department of Workforce Services;
182 (ii) the director of the Department of Health; and

183 (iii) the director of the Department of Human Services; and
184 (b) as provided in Subsection (5), six members, nominated by the nominating
185 committee, and appointed by the governor, representing each of the following:
186 (i) three members of the business community;
187 (ii) two members representing nonprofit organizations that have a primary purpose of
188 preventing child abuse and neglect; and
189 (iii) one member who:
190 (A) is a parent; and
191 (B) does not represent a public entity.
192 (3) (a) Subject to Subsection (3)(b), a member appointed by the governor shall serve a
193 three-year term.
194 (b) Notwithstanding Subsection (3)(a), the executive committee of the board, described
195 in Subsection (6), may adjust the length of the terms of the initial members to ensure that
196 approximately 1/3 of the members appointed by the governor are appointed each year.
197 (c) Members appointed by the governor may be removed:
198 (i) by the governor for cause; or
199 (ii) for an ethical violation, under the bylaws established in Subsection
200 26-7a-108 (1)(a)(i)(C).
201 (d) Members appointed by the governor may not serve more than two consecutive
202 terms.
203 (e) If a vacancy occurs in a position appointed by the governor, the governor shall
204 appoint a person to fill the vacancy for the unexpired term of the member being replaced.
205 (4) A person described under Subsection (2)(a) may designate another person, within
206 that person's department, to serve as a member of the board in that person's place.
207 (5) (a) The nominating committee of the board shall consist of the persons described in
208 Subsection (2)(a).
209 (b) The nominating committee described in Subsection (5)(a) shall nominate for
210 appointment by the governor to the board, the members described in Subsection (2)(b).
211 (c) In nominating members of the board, the nominating committee shall take into
212 account the community's geographic, professional, cultural, and socio-economic diversity.
213 (d) (i) The governor must appoint or reject the nomination of a person nominated by

214 the nominating committee described in this Subsection (5) within 60 days of the day on which
215 the governor is notified, in writing, of the nomination.
216 (ii) If the governor does not appoint or reject a nominee within the time described in
217 Subsection (5)(d)(i), the nominee shall be considered appointed by the governor.
218 (6) The board shall establish an executive committee consisting of as many of the
219 board's members as the board considers appropriate.
220 (7) The board may establish subcommittees and ad hoc committees to assist the board
221 in accomplishing the duties described in Section 26-7a-108 .
222 Section 8. Section 26-7a-107 is enacted to read:
223 26-7a-107. Action of the Utah Child Abuse Prevention Board -- Appointment of
224 chair -- Meetings -- Members serve without compensation -- Reimbursement for
225 expenses.
226 (1) (a) A majority of the members of the board constitute a quorum.
227 (b) The action of a majority of a quorum constitutes the action of the board.
228 (2) The board shall appoint one of the members described in Subsection
229 26-7a-106 (2)(b) as chair.
230 (3) (a) The chair shall call and hold meetings of the board at least bimonthly.
231 (b) One or more additional meetings may be called upon request of a majority of the
232 board's members.
233 (4) (a) A member of the board who is not a government employee shall receive no
234 compensation or benefits for the member's services, but may:
235 (i) receive per diem and expenses incurred in the performance of the member's official
236 duties at the rates established by the Division of Finance under Sections 63A-3-106 and
237 63A-3-107 ; or
238 (ii) decline to receive per diem and expenses for the member's service.
239 (b) A member of the board who is a state government officer or employee and who
240 does not receive salary, per diem, and expenses from the member's agency for the member's
241 service may:
242 (i) receive per diem and expenses incurred in the performance of the member's official
243 duties at the rates established by the Division of Finance under Sections 63A-3-106 and
244 63A-3-107 ; or

245 (ii) decline to receive per diem and expenses for the member's service.
246 Section 9. Section 26-7a-108 is enacted to read:
247 26-7a-108. Powers and duties of the Utah Child Abuse Prevention Board --
248 Services provided by the Department of Health.
249 (1) The board shall:
250 (a) adopt bylaws that include:
251 (i) an ethics policy that provides for:
252 (A) disclosure by board members of conflicts of interest;
253 (B) recusal of a board member from participating in an action of the board when the
254 member has a conflict of interest;
255 (C) removal of a board member for an ethical violation; and
256 (D) ethical standards approved by the board; and
257 (ii) a requirement for each member to sign a "commitment to serve" that contains the
258 duties and expectations of board members;
259 (b) make rules, pursuant to Title 63, Chapter 46a, Utah Administrative Rulemaking
260 Act, relating to the expenditure of funds contained in the trust fund;
261 (c) annually prepare and publish a report to the Health and Human Services Interim
262 Committee of the Legislature:
263 (i) on or before November 1;
264 (ii) describing how the board fulfilled its duties during the year; and
265 (iii) making recommendations on how the state should act to address issues relating to
266 the prevention of child abuse and neglect;
267 (d) facilitate the exchange of information between persons concerned with issues
268 relating to the prevention of child abuse or neglect;
269 (e) advise, but not lobby, the Legislature, the governor, state agencies, and the public
270 regarding issues relating to:
271 (i) the trust fund; or
272 (ii) the prevention of child abuse and neglect; and
273 (f) administer the trust fund.
274 (2) The board may:
275 (a) advocate for the prevention of child abuse and neglect;

276 (b) coordinate with private nonprofit entities to raise funds for deposit in the trust fund;
277 (c) consistent with Subsection (3), contract with, or issue grants to, any person to
278 establish a community-based education or service program designed to reduce the occurrence
279 of child abuse and neglect; H. and
280 [ (d) engage in fundraising efforts; and
281 (e) ] (d) .H apply for grants.
282 (3) A contract or grant described in Subsection (2)(c):
283 (a) shall contain a provision permitting the board, or the board's designee to:
284 (i) evaluate the program that the contract or grant relates to; and
285 (ii) terminate the contract or grant if the board determines that the purpose of the
286 contract or grant is not being accomplished;
287 (b) pursuant to the requirements of law, shall be financed from:
288 (i) the trust fund; or
289 (ii) other funds received pursuant to this section;
290 (c) may be awarded to:
291 (i) existing programs; or
292 (ii) demonstration projects; and
293 (d) may be considered for continuation or renewal if the program is successful in
294 accomplishing the goals of the program.
295 (4) The Department of Health shall provide fiscal management services to the board,
296 including payroll and accounting services.
297 Section 10. Section 26-7a-109 is enacted to read:
298 26-7a-109. Utah Child Abuse Prevention Board -- Executive director and staff.
299 (1) (a) Subject to Subsection (1)(b), and within appropriations from the Legislature, the
300 board may hire an executive director and other staff that the board considers necessary and
301 appropriate.
302 (b) The board may not hire an executive director until the person selected by the board
303 is approved by the director of the Department of Health.
304 (2) The executive director shall:
305 (a) be responsible to the board;
306 (b) under the direction of the board, assist the board in administering the board's duties;

307 and
308 (c) manage the staff support for the board.
309 (3) The executive director may hire staff to provide administrative support to the
310 executive director and the board within the funds:
311 (a) appropriated to the board by the Legislature for that purpose; or
312 (b) made available for that purpose under Subsection 26-7a-103 (4)(b)(ii).
313 (4) The executive director may only be removed upon agreement of H. [ :
314 (a) the director of the Department of Health; and
315 (b) the board ] a majority of the nominating committee described in Subsection
315a 26-7a-106, after consultation with the board .H .
316 Section 11. Section 26-7a-110 is enacted to read:
317 26-7a-110. Report to Health and Human Services Interim Committee.
318 (1) The executive director shall report to the Health and Human Services Interim
319 Committee during the 2010 interim, regarding:
320 (a) the status of the trust fund;
321 (b) the progress and accomplishments of the board from the time of the board's
322 creation;
323 (c) whether the Legislature should reauthorize Title 26, Chapter 7a, Children's Trust
324 Fund; and
325 (d) recommendations for changes, if any, relating to the trust fund or the board.
326 (2) During the 2010 interim, the Health and Human Services Interim Committee shall:
327 (a) hear or review the report described in Subsection (1); and
328 (b) determine whether Title 26, Chapter 7a, Children's Trust Fund, should be
329 reauthorized or modified.
330 Section 12. Section 62A-4a-311 is amended to read:
331 62A-4a-311. Child Abuse Advisory Council -- Creation -- Membership --
332 Expenses.
333 (1) (a) There is established the Child Abuse Advisory Council composed of no more
334 than 25 members who are appointed by the board.
335 (b) Except as required by Subsection (1)(c), as terms of current council members
336 expire, the board shall appoint each new member or reappointed member to a four-year term.
337 (c) Notwithstanding the requirements of Subsection (1)(b), the board shall, at the time

338 of appointment or reappointment, adjust the length of terms to ensure that the terms of council
339 members are staggered so that approximately half of the council is appointed every two years.
340 (d) The council shall have geographic, economic, gender, cultural, and philosophical
341 diversity.
342 (e) When a vacancy occurs in the membership for any reason, the replacement shall be
343 appointed for the unexpired term.
344 (2) The council shall elect a chairperson from its membership at least biannually.
345 (3) (a) Members shall receive no compensation or benefits for their services, but may
346 receive per diem and expenses incurred in the performance of the member's official duties at
347 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
348 (b) Members may decline to receive per diem and expenses for their service.
349 (4) (a) The council shall hold a public meeting quarterly.
350 (b) Within budgetary constraints, meetings of the council may also be held on the call
351 of:
352 (i) the chair[,]; or [of]
353 (ii) a majority of the members.
354 (c) Thirteen members of the council shall constitute a quorum at any meeting [and the].
355 (d) The action of the majority of the members present at a meeting shall be the action
356 of the council.
357 (5) The council shall advise the board on matters relating to child abuse and neglect.
358 [The council shall also recommend to the board how funds contained in the Children's Trust
359 Account shall be allocated.]
360 Section 13. Section 63-55-226 is amended to read:
361 63-55-226. Repeal dates, Title 26.
362 (1) Title 26, Chapter 1, Department of Health Organization, is repealed July 1, 2006.
363 (2) Title 26, Chapter 4, Utah Medical Examiner Act, is repealed July 1, 2010.
364 (3) Title 26, Chapter 7a, Children's Trust Fund, is repealed July 1, 2011.
365 [(3)] (4) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
366 July 1, 2015.
367 [(4)] (5) Title 26, Chapter 10, Family Health Services, is repealed July 1, 2010.
368 [(5)] (6) Title 26, Chapter 23b, Detection of Public Health Emergencies Act, is

369 repealed July 1, 2009.
370 [(6)] (7) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
371 2014.




Legislative Review Note
as of 11-8-05 6:55 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

Interim Committee Note
as of 12-16-05 8:17 AM

The Health and Human Services Interim Committee recommended this bill.

Legislative Committee Note
as of 12-16-05 8:17 AM

The Child Welfare Legislative Oversight Panel recommended this bill.