H.B. 23 Enrolled

1

OFFICE OF CHILD WELFARE PARENTAL
2 DEFENSE AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne A. Harper
6 Senate Sponsor: Thomas V. Hatch
7
8 LONG TITLE
9 General Description:
10 This bill amends the chapter relating to the Office of Child Welfare Parental Defense in
11 the Utah Administrative Services Code.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . provides that the executive director of the Department of Administrative Services
16 serves as the director of the Office of Child Welfare Parental Defense if the
17 executive director does not appoint a director;
18 . describes the duties of the director of the Office of Child Welfare Parental Defense;
19 . provides that the Office of Child Welfare Parental Defense may enter into a contract
20 for the provision of assistance, advice, and training to parental defense attorneys;
21 . provides that the Office of Child Welfare Parental Defense may enter into contracts
22 with parental defense attorneys to provide services to indigent parents who are the
23 subject of a petition alleging abuse, neglect, or dependency;
24 . provides that payment for an attorney described in the preceding paragraph shall be
25 made from the Child Welfare Parental Defense Fund;
26 . provides that the Office of Child Welfare Parental Defense and a county may, in
27 their discretion, enter into a contract for the office to provide parental defense
28 attorney services directly to the county;
29 . provides that the Child Welfare Parental Defense Fund is a nonlapsing, restricted

30 special revenue fund;
31 . provides that the Child Welfare Parental Defense Fund may be used for reasonable
32 training and travel expenses directly related to the functioning of the Office of Child
33 Welfare Parental Defense; and
34 . makes technical changes.
35 Monies Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 63A-11-102, as enacted by Chapter 356, Laws of Utah 2004
42 63A-11-104, as enacted by Chapter 356, Laws of Utah 2004
43 63A-11-105, as enacted by Chapter 356, Laws of Utah 2004
44 63A-11-201, as enacted by Chapter 356, Laws of Utah 2004
45 63A-11-203, as enacted by Chapter 356, Laws of Utah 2004
46 63A-11-204, as enacted by Chapter 356, Laws of Utah 2004
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 63A-11-102 is amended to read:
50 63A-11-102. Definitions.
51 For purposes of this chapter:
52 (1) "Child welfare case" means a proceeding under Title 78, Chapter 3a, [Juvenile
53 Courts,] Part 3, Abuse, Neglect, and Dependency Proceedings or 4, Termination of Parental
54 Rights Act.
55 (2) "Contracted parental defense attorney" means [an attorney or law firm authorized to
56 practice law in Utah] a parental defense attorney who is under contract with the office to
57 provide parental defense in child welfare cases.

58 (3) "Director" means the director of the office.
59 (4) "Fund" means the Child Welfare Parental Defense Fund established in Section
60 63A-11-203 .
61 (5) "Office" means the Office of Child Welfare Parental Defense created in Section
62 63A-11-103 .
63 (6) "Parental defense attorney" means an attorney, law firm, or group of attorneys who:
64 (a) are authorized to practice law in Utah; and
65 (b) provide legal representation under contract with the office, or a county in the state,
66 to a parent who is a party in a child welfare case.
67 Section 2. Section 63A-11-104 is amended to read:
68 63A-11-104. Office director -- Appointment -- Duties -- Staff.
69 (1) Except as provided in Subsection (2):
70 (a) The executive director of the department shall appoint the director of the office
71 with the approval of the governor.
72 (b) The director shall be an attorney licensed to practice law in the state.
73 (2) Notwithstanding Subsection (1), if the executive director does not appoint a
74 director of the office, the executive director:
75 (a) shall be the director of the office;
76 (b) is not required to be an attorney;
77 (c) may not engage in the practice of law, unless the executive director is an attorney
78 licensed to practice law in the state; and
79 (d) may not receive a salary from the state in excess of the salary established for the
80 executive director by the governor under Section 67-22-2 .
81 [(2)] (3) The director shall:
82 (a) administer and enforce this chapter[.]; and
83 (b) manage the operation and budget of the office.
84 [(3)] (4) The director may employ staff.
85 Section 3. Section 63A-11-105 is amended to read:

86 63A-11-105. Office -- Duties, functions, and responsibilities.
87 (1) The duties, functions, and responsibilities of the office include the following:
88 [(1) to develop and enter into contracts with attorneys authorized to practice law in the
89 state, as independent contractors, to serve as parental defense attorneys;]
90 [(2)] (a) to provide assistance and advice to [contracted] parental defense attorneys;
91 [(3)] (b) to develop and provide educational and training programs for [contracted]
92 parental defense attorneys; and
93 [(4)] (c) to provide information and advice to assist [contracted] parental defense
94 attorneys to comply with their professional, contractual, and ethical duties.
95 (2) The director may contract with a qualified person to fulfill the requirements of
96 Subsection (1).
97 (3) The office may develop and enter into contracts with attorneys authorized to
98 practice law in the state, as independent contractors, to serve as parental defense attorneys.
99 Section 4. Section 63A-11-201 is amended to read:
100 63A-11-201. Child welfare parental defense contracts -- Qualifications.
101 (1) The office [shall] may enter into contracts with qualified parental defense attorneys
102 to provide services for an indigent parent or parents who are the subject of a petition alleging
103 abuse, neglect, or dependency, and will require a parental defense attorney pursuant to Section
104 78-3a-913 .
105 (2) Payment for the representation, costs, and expenses of [legal defense counsel] a
106 contracted parental defense attorney shall be made from the Child Welfare Parental Defense
107 Fund as provided in Section 63A-11-203 .
108 (3) The parental defense attorney shall maintain the minimum qualifications as
109 provided by this chapter.
110 Section 5. Section 63A-11-203 is amended to read:
111 63A-11-203. Child Welfare Parental Defense Fund -- Creation.
112 (1) There is created a nonlapsing, restricted special revenue fund known as the "Child
113 Welfare Parental Defense Fund."

114 (2) Subject to availability, the director may make distributions from the fund as
115 required in this chapter for the following purposes:
116 (a) to pay for the representation, costs, expert witness fees, and expenses of contracted
117 parental defense attorneys who are under contract with the office to provide parental defense in
118 child welfare cases for the indigent parent or parents that are the subject of a petition alleging
119 abuse, neglect, or dependency; [and]
120 (b) for administrative costs pursuant to this chapter[.]; and
121 (c) for reasonable expenses directly related to the functioning of the office, including
122 training and travel expenses.
123 (3) The fund consists of:
124 (a) appropriations made to the fund by the Legislature;
125 (b) interest and earnings from the investment of fund monies;
126 (c) proceeds deposited by participating counties pursuant to Section 63A-11-204 ; and
127 (d) private contributions to the Child Welfare Parental Defense Fund.
128 (4) The state treasurer shall invest the money in the fund by following the procedures
129 and requirements of Title 51, Chapter 7, State Money Management Act.
130 (5) (a) If the director anticipates a deficit in the fund during any fiscal year:
131 (i) the director shall request an appropriation from the Legislature; and
132 (ii) the Legislature may fund the anticipated deficit through appropriation but is not
133 required to fund the deficit.
134 (b) If the anticipated deficit is not funded by the Legislature, the director may request
135 an interim assessment to participating counties to fund the anticipated deficit.
136 Section 6. Section 63A-11-204 is amended to read:
137 63A-11-204. Agreements for coverage by the Child Welfare Parental Defense
138 Fund -- Eligibility -- County and state obligations -- Termination -- Revocation.
139 (1) A county legislative body and the office may annually enter into a written
140 agreement [with the office] for the office to provide [for payment of] parental defense attorney
141 [costs] services in the county out of the Child Welfare Parental Defense Fund.

142 (2) An agreement [for payment of parental defense costs from the fund] described in
143 Subsection (1) shall provide that the county shall pay into the fund an amount defined by a
144 formula established in rule by the office.
145 (3) (a) [Except as provided in Subsection (3)(b), after] After the first year of operation
146 of the fund, any county that elects to initiate participation in the fund, or reestablish
147 participation in the fund after participation was terminated, shall be required to make an equity
148 payment, in addition to the assessment provided in Subsection (2).
149 (b) The amount of the equity payment described in Subsection (3)(a) shall be
150 determined by the office [in accordance with office rules] pursuant to rules established by the
151 office under Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
152 (4) The agreement shall provide for revocation of the agreement for failure to pay
153 assessments on the due date established by rule.
154 (5) Any county that elects to withdraw from participation in the fund, or whose
155 participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit
156 any right to any previously paid assessments by the county or coverage from the fund.