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H.B. 72






Chief Sponsor: Lorie D. Fowlke

Senate Sponsor: Curtis S. Bramble

             8      LONG TITLE
             9      General Description:
             10          This bill changes the appointing authority for some members of the Advisory Board on
             11      Children's Justice, adds a health professional, and removes the chairs of local advisory
             12      boards from the statewide Advisory Board.
             13      Highlighted Provisions:
             14          This bill:
             15          .    changes the appointing authority from the governor to the attorney general for six
             16      members of the Advisory Board on Children's Justice;
             17          .    adds a licensed health professional to the board; and
             18          .    removes the chairs of local Children's Justice Center boards from the board.
             19      Monies Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          None
             23      Utah Code Sections Affected:
             24      AMENDS:
             25          67-5b-106, as last amended by Laws of Utah 2005, Chapters 38 and 71
             27      Be it enacted by the Legislature of the state of Utah:

             28          Section 1. Section 67-5b-106 is amended to read:
             29           67-5b-106. Advisory Board on Children's Justice -- Membership -- Terms --
             30      Duties -- Authority.
             31          (1) The attorney general shall create [the] an Advisory Board on Children's Justice to
             32      advise him about the Children's Justice Center Program.
             33          (2) The board shall be composed of:
             34          (a) the director of each Children's Justice Center;
             35          [(b) the chair of each local advisory board established under Section 67-5b-105 ;]
             36          [(c)] (b) the attorney general or the attorney general's designee;
             37          [(d)] (c) a representative of the Utah Sheriffs Association, appointed by the [governor]
             38      attorney general;
             39          [(e)] (d) a chief of police, appointed by the [governor] attorney general;
             40          [(f)] (e) one juvenile court judge and one district court judge, appointed by the chief
             41      justice;
             42          [(g)] (f) [a] one representative of the [court appointed] guardians ad litem and one
             43      representative of the Court Appointed Special Advocates, appointed by the chief justice;
             44          [(h)] (g) a designated representative of the Division of Child and Family Services
             45      within the Department of Human Services, appointed by the director of that division;
             46          [(i)] (h) a licensed mental health professional, appointed by the [governor] attorney
             47      general;
             48          [(j)] (i) a person experienced in working with children with disabilities, appointed by
             49      the [governor] attorney general;
             50          [(k)] (j) one criminal defense attorney, licensed by the Utah State Bar and in good
             51      standing, appointed by the Utah Bar Commission;
             52          [(l)] (k) one criminal prosecutor, licensed by the Utah State Bar and in good standing,
             53      appointed by the Prosecution Council;
             54          [(m)] (l) a member of the governor's staff, appointed by the governor;
             55          [(n)] (m) a member from the public, appointed by the [governor] attorney general, who
             56      exhibits sensitivity to the concerns of parents; [and]
             57          (n) a licensed nurse practitioner or physician, appointed by the attorney general; and
             58          (o) additional members appointed as needed by the attorney general.

             59          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
             60      expire, the appointing authority shall appoint each new member or reappointed member to a
             61      four-year term.
             62          (b) Notwithstanding the requirements of Subsection (3)(a), the appointing authority
             63      shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
             64      terms of board members are staggered so that approximately half of the board is appointed
             65      every two years.
             66          (4) The Advisory Board on Children's Justice shall:
             67          (a) coordinate and support the statewide purpose of the program;
             68          (b) recommend statewide guidelines for the administration of the program;
             69          [(c) advise the contracting entities of each Children's Justice Center;]
             70          [(d)] (c) recommend training and improvements in training;
             71          [(e)] (d) review, evaluate, and make recommendations concerning state investigative,
             72      administrative, and judicial handling in both civil and criminal cases of child abuse, child
             73      sexual abuse, neglect, and other crimes involving children where the child is a primary victim
             74      or a critical witness, such as in drug-related child endangerment cases;
             75          [(f)] (e) recommend programs to improve the prompt and fair resolution of civil and
             76      criminal court proceedings; and
             77          [(g)] (f) recommend changes to state laws and procedures to provide comprehensive
             78      protection for children from abuse, child sexual abuse, neglect, and other crimes involving
             79      children where the child is a primary victim or a critical witness, such as in drug-related child
             80      endangerment cases.
             81          (5) The Advisory Board on Children's Justice may not supersede the authority of [the]
             82      contracting public [agency] agencies to oversee [the accountability] operation of the [center]
             83      centers, including the budget, costs, personnel, and management pursuant to Section 67-5b-104
             84      and Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
             85      Organizations, and Other Local Entities Act.

Legislative Review Note
    as of 1-5-09 1:52 PM

Office of Legislative Research and General Counsel

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