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JANUARY 24, 2006
ROOM W020, WEST OFFICE BUILDING, STATE CAPITOL COMPLEX
Sen. Gregory S. Bell
Sen. Brent H. Goodfellow
Sen. Peter C. Knudson
Sen. Scott D. McCoy
Member Excused: President John L .Valentine
Staff Present: Mark D. Andrews, Policy Analyst
Nedra B. Duzett, Secretary
Public Speakers Present: Bob Bunnell, Utah Academy of Physician Assistants
Joyce Dolcourt, The Arc of Utah
Steve Erickson, Utah Issues
A list of visitors and a copy of handouts are filed with the committee minutes.
Sen. Christensen called the meeting to order at 2:20 p.m.
MOTION: Sen. McCoy moved to approve the minutes of the Jan.18, 2006 meeting.
The motion passed unanimously.
1. S.B. 0104 Prescribing Practices for Schedule II Drugs (P. Knudson)
This bill was not discussed.
2. S.B. 0141 Response to Hippa Changes (P. Knudson)
Sen. Knudson explained the bill.
MOTION: Sen. Goodfellow moved to adopt the following amendment:
1. Page 1, Line 1 :
1
The motion passed unanimously.
MOTION: Sen. Goodfellow moved to pass the bill out favorably.
The motion passed unanimously.
3. S.B. 0146 Physician Assistants and Public Health Amendments (G. Bell)
Sen. Bell explained the bill.
Bob Bunnell, Executive Director, Utah Academy of Physician Assistants, spoke in support of the bill.
MOTION: Sen. Goodfellow moved to pass the bill out favorably.
The motion passed unanimously.
4. S.B. 0152 Medicaid Task Force (S. Killpack)
Sen. Killpack explained the bill.
The following individuals spoke in support of the bill:
Dr. David Sundwall, Utah Department of Health
Joyce Dolcourt, The Arc of Utah
Steve Erickson, Utah Issues
MOTION: Sen. McCoy moved to pass the bill out favorably.
The motion passed unanimously with Sen. Goodfellow absent for the vote.
5. H.B. 0021 Child Welfare Revisions (W. Harper)
Rep. Harper explained the bill.
MOTION: Sen. Knudson moved to pass the bill out favorably.
The motion passed unanimously.
6. H.B. 0025 Child Welfare - Licensing and Management Information Systems
(W. Harper)
Rep. Harper proposed the following amendments to the bill:
1. Page 2, Line 40a
House Floor Amendments
1-18-2006 :
40a
2. Page 14, Line 405a through Page 14d, Line 405en
a.House Floor Amendments
b.1-18-2006 :
405a
405b 62A-4a-101. Definitions.
405c As used in this chapter:
405d (1) "Abuse" means:
405e (a) actual or threatened nonaccidental physical or mental harm;
405f (b) negligent treatment;
405g (c) sexual exploitation; or
405h (d) any sexual abuse.
405i (2) "Adoption services" means:
405j (a) placing children for adoption;
405k (b) subsidizing adoptions under Section 62A-4a-105;
405l (c) supervising adoption placements until the adoption is finalized by the court;
405m (d) conducting adoption studies;
405n (e) preparing adoption reports upon request of the court; and
405o (f) providing postadoptive placement services, upon request of a family, for the purpose of
405p stabilizing a possible disruptive placement.
405q (3) "Board" means the Board of Child and Family Services established in accordance with
405r Sections 62A-1-105, 62A-1-107, and 62A-4a-102.
405s (4) "Child" has the same meaning as "minor," as defined in this section.
405t (5) "Consumer" means a person who receives services offered by the division in accordance
405u with this chapter.
405v (6) "Chronic physical abuse" means repeated or patterned physical abuse.
405w (7) "Chronic neglect" means a repeated or patterned failure or refusal by a
parent, guardian,
405x
or custodian to provide necessary care for a minor's safety, morals, or well-being.
405y
(8) "Chronic emotional abuse" means repeated or patterned emotional abuse.
405z
(9) "Custody," with regard to the division, means the custody of a child in the
division as of
405aa
the date of disposition.
405ab
(10) "Day-care services" means care of a child for a portion of the day which is
less than 24
405ac
hours:
405ad
(a) in the child's own home by a responsible person; or
405ae
(b) outside of the child's home in a:
405af
(i) day-care center;
405ag
(ii) family group home; or
405ah
(iii) family child care home.
405ai
(11) "Dependent child" or "dependency" means a child, or the condition of a
child, who is
405aj
homeless or without proper care through no fault of the child's parent, guardian, or
custodian.
405ak
(12) "Director" means the director of the Division of Child and Family
Services.
405al
(13) "Division" means the Division of Child and Family Services.
405am
(14) (a) "Domestic violence services" means:
405an
(i) temporary shelter, treatment, and related services to persons who are
victims of abuse and
405ao
their dependent children; and
405ap
(ii) treatment services for domestic violence perpetrators.
405aq
(b) As used in this Subsection (14):
405ar
(i) "abuse" means the same as that term is defined in Subsection 30-6-1(1); and
405as
(ii) "domestic violence perpetrator" means a person who is alleged to have
committed, has
405at
been convicted of, or has pled guilty to an act of domestic violence as defined in
Subsection 77-36-1(2).
405au
(15) "Homemaking service" means the care of individuals in their domiciles,
and help given to
405av
individual caretaker relatives to achieve improved household and family
management through the
405aw
services of a trained homemaker.
405ax
(16) (a) "Minor" means a person under 18 years of age.
405ay
(b) "Minor" may also include a person under 21 years of age for whom the
division has been
405az
specifically ordered by the juvenile court to provide services.
405ba
(17) "Natural parent" means a minor's biological or adoptive parent, and
includes a minor's
405bb
noncustodial parent.
405bc
(18) (a) "Neglect" means:
405bd
(i) abandonment of a child, except as provided in Part 8, Safe Relinquishment
of a Newborn
405be
Child;
405bf
(ii) subjecting a child to mistreatment or abuse;
405bg
(iii) lack of proper parental care by reason of the fault or habits of the parent,
guardian, or
405bh
custodian;
405bi
(iv) failure or refusal of a parent, guardian, or custodian to provide proper or
necessary
405bj
subsistence, education, or medical care, including surgery or psychiatric services
when required, or
405bk
any other care necessary for the child's health, safety, morals, or well-being; or
405bl
(v) a child at risk of being neglected or abused because another child in the
same home is
405bm
neglected or abused.
405bn
(b) The aspect of neglect relating to education, described in Subsection
(18)(a)(iv), means that,
405bo
after receiving notice that a child has been frequently absent from school without
good cause, or
405bp
that the child has failed to cooperate with school authorities in a reasonable manner,
a parent or
405bq
guardian fails to make a good faith effort to ensure that the child receives an
appropriate education.
405br
(c) A parent or guardian legitimately practicing religious beliefs and who, for
that reason, does
405bs not provide specified medical treatment for a child, is not guilty of neglect.
405bt (d) (i) Notwithstanding Subsection (18)(a), a health care decision made for a child by the
405bu child's parent or guardian does not constitute neglect unless the state or other party to the proceeding
405bv shows, by clear and convincing evidence, that the health care decision is not reasonable and informed.
405bw (ii) Nothing in Subsection (18)(d)(i) may prohibit a parent or guardian from exercising the
405bx right to obtain a second health care opinion.
405by (19) "Protective custody," with regard to the division, means the shelter of a child by the
405bz division from the time the child is removed from the child's home until the earlier of:
405ca (a) the shelter hearing; or
405cb (b) the child's return home.
405cc (20) "Protective services" means expedited services that are provided:
405cd (a) in response to evidence of neglect, abuse, or dependency of a minor;
405ce (b) to a cohabitant who is neglecting or abusing a child, in order to:
405cf (i) help the cohabitant develop recognition of the cohabitant's duty of care and of the causes of
405cg neglect or abuse; and
405ch (ii) strengthen the cohabitant's ability to provide safe and acceptable care; and
405ci (c) in cases where the child's welfare is endangered:
405cj (i) to bring the situation to the attention of the appropriate juvenile court and law enforcement
405ck agency;
405cl (ii) to cause a protective order to be issued for the protection of the minor, when appropriate;
405cm and
405cn (iii) to protect the child from the circumstances that endanger the child's welfare including,
405co when appropriate:
405cp (A) removal from the child's home;
405cq (B) placement in substitute care; and
405cr (C) petitioning the court for termination of parental rights.
405cs (21) "Services to unwed parents" means social, educational, and medical services arranged for
405ct or provided to unwed parents to help them plan for themselves and the unborn child.
405cu (22) "Severe neglect" means neglect that causes or threatens to cause serious harm to a minor.
405cv (23) "Shelter care" means the temporary care of minors in nonsecure facilities.
405cw (24) "State" means:
405cx (a) a state of the United States;
405cy (b) the District of Columbia;
405cz (c) the Commonwealth of Puerto Rico;
405da (d) the Virgin Islands;
405db (e) Guam;
405dc (f) the Commonwealth of the Northern Mariana Islands; or
405dd (g) a territory or possession administered by the United States.
405de (25) "Severe emotional abuse" means emotional abuse that causes or threatens to cause
405df serious harm to a minor.
405dg (26) "Severe physical abuse" means physical abuse that causes or threatens to cause serious
405dh harm to a minor.
405di (27) "State plan" means the written description of the programs for children, youth, and
405dj family services administered by the division in accordance with federal law.
405dk (28) "Status offense" means a violation of the law that would not be a violation but for the age
405dl of the offender.
405dm (29) "Substantiated" or "substantiation" means a judicial finding based on a preponderance
405dn of the evidence that abuse or neglect occurred. Each allegation made or identified in a given case shall
405do be considered separately in determining whether there should be a finding of substantiated.
405dp (30) "Substitute care" means:
405dq (a) the placement of a minor in a family home, group care facility, or other placement outside
405dr the minor's own home, either at the request of a parent or other responsible relative, or upon court
405ds order, when it is determined that continuation of care in the child's own home would be contrary to
405dt the child's welfare;
405du (b) services provided for a child awaiting placement; and
405dv (c) the licensing and supervision of a substitute care facility.
405dw (31) "Supported" means a finding by the division based on the evidence available at the
405dx completion of an investigation that there is a reasonable basis to conclude that abuse, neglect, or
405dy dependency occurred. Each allegation made or identified during the course of the investigation shall
405dz be considered separately in determining whether there should be a finding of supported.
405ea (32) "Temporary custody," with regard to the division, means the custody of a child in the
405eb division from the date of the shelter hearing until disposition.
405ec (33) "Transportation services" means travel assistance given to an individual with escort
405ed service, if necessary, to and from community facilities and resources as part of a service plan.
405ee (34) "Unsubstantiated" means H. except as provided in Subsections 62A-4a-1008(1)(a) and
405ef (1)(b)(ii), .H a judicial finding that there is insufficient evidence to conclude that abuse or neglect
405eg occurred.
405eh (35) "Unsupported" means a finding at the completion of an investigation that there is
405ei insufficient evidence to conclude that abuse, neglect, or dependency occurred. However, a finding of
405ej unsupported means also that the division worker did not conclude that the allegation was without
405ek merit.
405el (36) "Without merit" means a finding at the completion of an investigation by the division, or
405em a judicial finding, that the alleged abuse, neglect, or dependency did not occur, or that the alleged
405en perpetrator was not responsible for the abuse, neglect, or dependency. .H }
Renumber remaining sections accordingly
3. Page 29, Lines 865 through 874a :
865 [
866 information or reports.
867 (1)
867a finding by the division that there is insufficient evidence to conclude that abuse or neglect
867b occurred.
867c (b) .H } Unless the executive director determines that there is good cause for keeping a
868 report of abuse or neglect in the Management Information System, based on standards
869 established by rule, the division shall delete any reference to:
870 H.
870a if no subsequent report involving the same alleged
871 perpetrator H.
871a division determines that the report is without merit } .H ; H.
871b
871c unsubstantiated, if no subsequent report involving the same alleged perpetrator is made within
871d five years after the day on which the division determines that the report is unsubstantiated;
871e (iii) a report that, on or after May 1, 2002, is determined by the division to be
871f unsupported, if no subsequent report involving the same alleged perpetrator is made
within
871g five years after the day on which the division determines that the report is
871h unsupported; or }
872
872a jurisdiction to be
873 unsubstantiated or without merit, if no subsequent report involving the same alleged
874 perpetrator H.
874a court determines that the report is unsubstantiated or without merit } .H .
MOTION: Sen. Goodfellow moved to adopt the amendments to the bill.
The motion passed unanimously.
MOTION: Sen. Goodfellow moved to pass the bill as amended.
The motion passed unanimously.
7. H.B. 0023 Office of Child Welfare Parental Defense Amendments (W. Harper)
Rep. Harper explained the bill.
MOTION: Sen. Bell moved to pass the bill out favorably.
The motion passed unanimously.
MOTION: Sen. Bell moved to adjourn.
The motion passed unanimously.
Sen. Christensen adjourned the meeting at 3:20 p.m.
Minutes reported by Nedra Duzett, Secretary.
_______________________________________
Sen. Allen Christensen, Committee Chair