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H.B. 374 Enrolled

             1     

CHILD ABUSE AND NEGLECT PREVENTION

             2     
AND TREATMENT AMENDMENTS

             3     
2008 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Chief Sponsor: Paul Ray

             6     
Senate Sponsor: Darin G. Peterson

             7     
             8      LONG TITLE
             9      General Description:
             10          This bill amends provisions of the Utah Human Services Code relating to prevention and
             11      treatment of child abuse and neglect.
             12      Highlighted Provisions:
             13          This bill:
             14          .    provides that a local board of education may grant to the superintendent the
             15      authority to approve a child abuse or neglect prevention or treatment service or
             16      program which is intended for presentation in a public school;
             17          .    permits, under certain circumstances, the waiver or reduction of cash-matching and
             18      in-kind matching requirements in order for an entity to receive funds from the
             19      Children's Trust Account;
             20          .    amends provisions relating to the Child Abuse Advisory Council, including
             21      provisions regarding reimbursement of members for expenses and the number of
             22      members that constitute a quorum; and
             23          .    makes technical changes.
             24      Monies Appropriated in this Bill:
             25          None
             26      Other Special Clauses:
             27          None
             28      Utah Code Sections Affected:
             29      AMENDS:


             30          62A-4a-306, as renumbered and amended by Laws of Utah 1994, Chapter 260
             31          62A-4a-309, as last amended by Laws of Utah 2000, Chapter 321
             32          62A-4a-311, as last amended by Laws of Utah 2003, Chapter 246
             33     
             34      Be it enacted by the Legislature of the state of Utah:
             35          Section 1. Section 62A-4a-306 is amended to read:
             36           62A-4a-306. Programs and services -- Public hearing requirements -- Review by
             37      local board of education.
             38          (1) Before any child abuse or neglect prevention or treatment program or service may
             39      be purchased or contracted for, the board shall conduct a public hearing and the council shall
             40      conduct a public hearing, to receive public comment on the specific program or service.
             41          [Additionally, before] (2) Before any child abuse or neglect prevention or treatment
             42      service or program which is intended for presentation in public schools may be purchased or
             43      contracted for, evidence shall be submitted to the division that the program or service has been
             44      approved by the local board of education [for] of each school district which [would] will be
             45      utilizing that program or service. The local board of education may grant the approval authority
             46      to the superintendent.
             47          Section 2. Section 62A-4a-309 is amended to read:
             48           62A-4a-309. Children's Trust Account.
             49          (1) There shall be a restricted account within the General Fund to be known as the
             50      Children's Trust Account. This account is for crediting of contributions from private sources
             51      and from appropriate revenues received under Section 26-2-12.5 for child abuse and neglect
             52      prevention programs described in Section 62A-4a-305 .
             53          (2) Money shall be appropriated from the account to the division by the Legislature
             54      under the Utah Budgetary Procedures Act, and shall be drawn upon by the director under the
             55      direction of the board.
             56          (3) [The] Except as provided in Subsection (4), the Children's Trust Account may be
             57      used only to implement prevention programs described in Section 62A-4a-305 , and may only be


             58      allocated to entities that provide a one-to-one match, comprising a match from the community
             59      of at least 50% in cash and up to 50% in in-kind donations, which is 25% of the total funding
             60      received from the Children's Trust Account.
             61          (4) (a) The entity that receives the statewide evaluation contract is excepted from the
             62      cash-match provisions of [this] Subsection (3).
             63          (b) Upon recommendation of the executive director and the council, the board may
             64      reduce or waive the match requirements described in Subsection (3) for an entity, if the board
             65      determines that imposing the requirements would prohibit or limit the provision of services
             66      needed in a particular geographic area.
             67          Section 3. Section 62A-4a-311 is amended to read:
             68           62A-4a-311. Child Abuse Advisory Council -- Creation -- Membership --
             69      Expenses.
             70          (1) (a) There is established the Child Abuse Advisory Council composed of no more
             71      than 25 members who are appointed by the board.
             72          (b) Except as required by Subsection (1)(c), as terms of current council members
             73      expire, the board shall appoint each new member or reappointed member to a four-year term.
             74          (c) Notwithstanding the requirements of Subsection (1)(b), the board shall, at the time
             75      of appointment or reappointment, adjust the length of terms to ensure that the terms of council
             76      members are staggered so that approximately half of the council is appointed every two years.
             77          (d) The council shall have geographic, economic, gender, cultural, and philosophical
             78      diversity.
             79          (e) When a vacancy occurs in the membership for any reason, the replacement shall be
             80      appointed for the unexpired term.
             81          (2) The council shall elect a chairperson from its membership at least biannually.
             82          [(3) (a) Members shall receive no compensation or benefits for their services, but may
             83      receive per diem and expenses incurred in the performance of the member's official duties at the
             84      rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .]
             85          [(b) Members may decline to receive per diem and expenses for their service.]


             86          (3) (a) A member of the council who is not a government employee shall receive no
             87      compensation or benefits for the member's services, but may:
             88          (i) receive per diem and expenses incurred in the performance of the member's official
             89      duties at the rates established by the Division of Finance under Sections 63A-3-106 and
             90      63A-3-107 ; or
             91          (ii) decline to receive per diem and expenses for the member's service.
             92          (b) A member of the council who is a state government officer or employee and who
             93      does not receive salary, per diem, or expenses from the member's agency for the member's
             94      service may:
             95          (i) receive per diem and expenses incurred in the performance of the member's official
             96      duties from the commission at the rates established by the Division of Finance under Sections
             97      63A-3-106 and 63A-3-107 ; or
             98          (ii) decline to receive per diem and expenses for the member's service.
             99          (4) The council shall hold a public meeting quarterly. Within budgetary constraints,
             100      meetings may also be held on the call of the chair, or of a majority of the members. [Thirteen
             101      members shall] A majority of the members currently appointed to the council constitute a
             102      quorum at any meeting and the action of the majority of the members present shall be the action
             103      of the council.
             104          (5) The council shall:
             105          (a) advise the board on matters relating to child abuse and neglect[. The council shall
             106      also]; and
             107          (b) recommend to the board how funds contained in the Children's Trust Account
             108      [shall] should be allocated.


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