7 LONG TITLE
8 Committee Note:
9 The Economic Development and Workforce Services Interim Committee recommended
10 this bill.
11 General Description:
12 This bill modifies the Utah Workforce Services Code by revising and updating Chapter
13 3, Employment Support Act.
14 Highlighted Provisions:
15 This bill:
16 ▸ revises the Employment Support Act by:
17 • updating language;
18 • restructuring sections and parts;
19 • amending definitions; and
20 • adding cross-references;
21 ▸ amends assessment and counselor assignment provisions of the Family Employment
22 Program; and
23 ▸ makes technical changes.
24 Money Appropriated in this Bill:
26 Other Special Clauses:
28 Utah Code Sections Affected:
30 35A-3-101, as last amended by Laws of Utah 1998, Chapter 1
31 35A-3-102, as last amended by Laws of Utah 2007, Chapter 235
32 35A-3-103, as last amended by Laws of Utah 2012, Chapter 212
33 35A-3-103.5, as last amended by Laws of Utah 2012, Chapter 305
34 35A-3-104, as renumbered and amended by Laws of Utah 1997, Chapter 174
35 35A-3-105, as last amended by Laws of Utah 2008, Chapter 382
36 35A-3-106, as last amended by Laws of Utah 2011, Chapter 297
37 35A-3-108, as last amended by Laws of Utah 2011, Chapter 297
38 35A-3-109, as renumbered and amended by Laws of Utah 1997, Chapter 174
39 35A-3-110, as renumbered and amended by Laws of Utah 1997, Chapter 174
40 35A-3-111, as last amended by Laws of Utah 2008, Chapter 382
41 35A-3-112, as renumbered and amended by Laws of Utah 1997, Chapter 174
42 35A-3-113, as renumbered and amended by Laws of Utah 1997, Chapter 174
43 35A-3-115, as last amended by Laws of Utah 2011, Chapter 188
44 35A-3-201, as last amended by Laws of Utah 2003, Chapter 13
45 35A-3-202, as last amended by Laws of Utah 2005, Chapter 81
46 35A-3-203, as last amended by Laws of Utah 2014, Chapter 371
47 35A-3-204, as renumbered and amended by Laws of Utah 1997, Chapter 375
48 35A-3-205, as last amended by Laws of Utah 2012, Chapter 212
49 35A-3-206, as last amended by Laws of Utah 2014, Chapter 371
50 35A-3-207, as last amended by Laws of Utah 2013, Chapters 167 and 413
51 35A-3-301, as enacted by Laws of Utah 1997, Chapter 174
52 35A-3-302, as last amended by Laws of Utah 2013, Chapter 112
53 35A-3-303, as enacted by Laws of Utah 1997, Chapter 174
54 35A-3-304, as last amended by Laws of Utah 2012, Chapter 354
55 35A-3-304.5, as enacted by Laws of Utah 2012, Chapter 354
56 35A-3-306, as last amended by Laws of Utah 2007, Chapter 51
57 35A-3-307, as last amended by Laws of Utah 2010, Chapter 296
58 35A-3-308, as last amended by Laws of Utah 2008, Chapter 3
59 35A-3-309, as last amended by Laws of Utah 2012, Chapter 212
60 35A-3-310, as last amended by Laws of Utah 2008, Chapter 382
61 35A-3-310.5, as last amended by Laws of Utah 2011, Chapter 297
62 35A-3-311, as last amended by Laws of Utah 2012, Chapter 41
63 35A-3-312, as last amended by Laws of Utah 2009, Chapter 39
64 35A-3-313, as last amended by Laws of Utah 2014, Chapter 371
65 35A-3-401, as last amended by Laws of Utah 2004, Chapter 29
66 35A-3-402, as renumbered and amended by Laws of Utah 1997, Chapter 174
67 35A-3-502, as renumbered and amended by Laws of Utah 1997, Chapter 174
68 35A-3-503, as last amended by Laws of Utah 2011, Chapter 297
69 35A-3-504, as last amended by Laws of Utah 1998, Chapter 1
70 35A-3-505, as renumbered and amended by Laws of Utah 1997, Chapter 174
71 35A-3-506, as renumbered and amended by Laws of Utah 1997, Chapter 174
72 35A-3-507, as renumbered and amended by Laws of Utah 1997, Chapter 174
73 35A-3-508, as last amended by Laws of Utah 1999, Chapter 21
74 35A-3-510, as renumbered and amended by Laws of Utah 1997, Chapter 174
75 35A-3-601, as renumbered and amended by Laws of Utah 2003, Chapter 90
76 35A-3-603, as last amended by Laws of Utah 2012, Chapter 41
77 35A-3-604, as last amended by Laws of Utah 2008, Chapter 382
78 35A-3-605, as renumbered and amended by Laws of Utah 2003, Chapter 90
79 35A-3-606, as renumbered and amended by Laws of Utah 2003, Chapter 90
80 35A-3-607, as renumbered and amended by Laws of Utah 2003, Chapter 90
81 35A-3-608, as last amended by Laws of Utah 2012, Chapter 41
82 35A-3-609, as renumbered and amended by Laws of Utah 2003, Chapter 90
83 35A-3-610, as renumbered and amended by Laws of Utah 2003, Chapter 90
84 76-8-1201, as last amended by Laws of Utah 2003, Chapter 90
85 76-8-1205, as last amended by Laws of Utah 2012, Chapter 41
86 RENUMBERS AND AMENDS:
87 35A-3-701, (Renumbered from 35A-3-116, as last amended by Laws of Utah 2014,
88 Chapter 371)
89 35A-3-702, (Renumbered from 35A-3-117, as enacted by Laws of Utah 2014, Chapter
92 35A-3-602, as last amended by Laws of Utah 2008, Chapter 382
94 Be it enacted by the Legislature of the state of Utah:
95 Section 1. Section 35A-3-101 is amended to read:
96 35A-3-101. Title.
101 Section 2. Section 35A-3-102 is amended to read:
102 35A-3-102. Definitions.
104 (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
105 (2) "Administrative order" means an order issued by the department that addresses an
106 overpayment of public assistance.
108 (4) "Assignment of support" means the transfer to the department of a recipient's rights
109 to receive some or all of the recipient's child support payments.
111 who received cash assistance on a monthly basis during the previous federal fiscal year.
113 recipient is eligible to receive under the Family Employment Program under Section
116 the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a
117 qualified setting, as defined by [
119 Administrative Rulemaking Act.
120 (8) (a) "Civic organization" means an organization that provides services to its
122 (b) "Civic organization" includes a community service club or organization, a
123 charitable health care or service organization, a fraternal organization, a labor union, a minority
124 or ethnic organization, a commercial or industrial organization, a commerce or business club, a
125 private nonprofit organization, a private nonprofit corporation that provides funding to a
126 community service organization, an organization that advocates or provides for the needs of
127 persons with low incomes, a religious organization, and an organization that fosters strong
128 neighborhoods and communities.
129 (9) "Court order" means a judgment or order of a court of this state, another state, or
130 the federal government that addresses an overpayment of public assistance.
132 eligible for cash assistance.
134 administer a program.
137 who is eligible for cash assistance, but does not require extended cash assistance under Part 3,
138 Family Employment Program.
141 (a) basic remedial education;
142 (b) adult education;
143 (c) high school education;
144 (d) education to obtain the equivalent of a high school diploma;
145 (e) education to learn English as a second language;
146 (f) applied technology training;
147 (g) employment skills training; or
148 (h) on-the-job training.
150 defined by the educational institution attended by the parent [
154 General Assistance.
155 (16) "Notice of agency action" means the notice required to commence an adjudicative
156 proceeding as described in Section 63G-4-201.
157 (17) "Obligor" means an individual:
158 (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
159 and regulations; or
160 (b) against whom an administrative or judicial order determining overpayment has
161 been obtained.
162 (18) (a) "Overpayment" means money, public assistance, or another item of value
163 provided under a state or federally funded benefit program to a person that is not entitled to
164 receive it or is not entitled to receive it at the level provided.
165 (b) "Overpayment" includes money paid to a provider under this title in connection
166 with public assistance or another publicly funded assistance program to the extent that the
167 provider receives payment:
168 (i) for goods or services not provided; or
169 (ii) in excess of the amount to which the provider is entitled.
171 plan with the [
172 Employment Program.
173 (20) "Performance goals" means a target level of performance that will be compared to
174 actual performance.
175 (21) "Performance indicators" means actual performance information regarding a
176 program or activity.
177 (22) "Performance monitoring system" means a process to regularly collect and analyze
178 performance information, including performance indicators and performance goals.
180 United States Department of Health and Human Services to receive funding from the United
181 States through the Temporary Assistance for Needy Families Block Grant in accordance with
182 42 U.S.C. Sec. 602.
183 (24) "Recipient" means a person who is qualified to receive, is receiving, or has
184 received assistance under this chapter.
186 married and has a minor child in the person's care and custody.
187 (26) "Transitional cash assistance" means assistance provided to a recipient to stabilize
188 employment and reduce the future use of cash assistance provided under Part 3, Family
189 Employment Program.
190 Section 3. Section 35A-3-103 is amended to read:
191 35A-3-103. Department responsibilities.
192 The [
193 (1) administer public assistance programs assigned by the Legislature and the
195 (2) determine eligibility [
196 public assistance programs [
197 with the requirements of this chapter;
198 (3) cooperate with the federal government in the administration of public assistance
200 (4) administer [
201 Section 35A-3-115;
202 (5) provide for the compilation of necessary or desirable information, statistics, and
204 (6) perform other duties and functions required by law;
205 (7) monitor the application of eligibility policy;
206 (8) develop personnel training programs for [
208 (9) provide refugee resettlement services in accordance with Section 35A-3-116;
209 (10) provide child care assistance for children in accordance with Part 2, Office of
210 Child Care; and
211 (11) provide services [
212 qualify for affordable housing in cooperation with:
213 (a) the Utah Housing Corporation;
214 (b) the Housing and Community Development Division; and
215 (c) local housing authorities.
216 Section 4. Section 35A-3-103.5 is amended to read:
217 35A-3-103.5. Employment and the provision of services for the disabled.
218 (1) As used in this section, "recipient" means an individual who:
219 (a) has a disability;
220 (b) suffers from a mental illness; or
221 (c) is undergoing treatment for a substance abuse problem.
222 (2) [
223 state law, when providing services to a recipient in the programs provided under this chapter,
224 the department shall[
227 providing services that assist an eligible recipient in obtaining and retaining meaningful and
228 gainful employment that enables the recipient to earn sufficient income to:
229 (a) purchase goods and services;
230 (b) establish self-sufficiency; and
231 (c) exercise economic control of the recipient's life.
232 (3) The department shall develop a written plan to implement the policy described in
233 Subsection (2) that includes:
234 (a) assessing the strengths and needs of a recipient;
235 (b) customizing strength-based approaches to obtaining employment;
236 (c) expecting, encouraging, providing, and rewarding employment:
237 (i) integrated employment in the workplace at competitive wages and benefits; and
238 (ii) self-employment;
239 (d) developing partnerships with potential employers;
240 (e) maximizing appropriate employment training opportunities;
241 (f) coordinating services with other government agencies and community resources;
242 (g) to the extent possible, eliminating practices and policies that interfere with the
243 policy described in Subsection (2); and
244 (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
245 when employment at market rates cannot be obtained.
246 (4) The department shall, on an annual basis:
247 (a) set goals to implement the policy described in Subsection (2) and the plan described
248 in Subsection (3);
249 (b) determine whether the goals for the previous year have been met; and
250 (c) modify the plan described in Subsection (3) as needed.
251 Section 5. Section 35A-3-104 is amended to read:
252 35A-3-104. Contracts for administration and provision of public assistance.
253 The [
254 private agencies to assist in the administration and provision of public assistance.
255 Section 6. Section 35A-3-105 is amended to read:
256 35A-3-105. Determination of eligibility and responsibility -- Information from
257 State Tax Commission.
258 (1) The [
259 income tax returns of [
260 duty to support [
261 (a) eligibility for public assistance;
262 (b) payment responsibilities for institutional care; or
263 (c) any other administrative purpose consistent with this chapter.
264 (2) The information requested by the [
265 (a) provided by the State Tax Commission on forms furnished by the [
266 department; and
267 (b) treated by the department as a private record under Title 63G, Chapter 2,
268 Government Records Access and Management Act[
269 Section 7. Section 35A-3-106 is amended to read:
270 35A-3-106. Residency requirements.
272 the applicant [
273 the applicant's place of residence[
274 (2) An applicant is not eligible for public assistance under this chapter if the applicant
275 is living in Utah for a temporary purpose.
276 Section 8. Section 35A-3-108 is amended to read:
277 35A-3-108. Assignment of support.
278 (1) (a) [
281 (b) Upon the receipt of public assistance, any right of the recipient to receive support
282 from another person passes to the [
283 any family member for whom the recipient is applying for or receiving assistance, even if the
285 department as required by Subsection (1)(a).
289 (2) An assignment of support, or a [
290 receive support passed to the department, includes payments ordered, decreed, or adjudged by
292 not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.
293 (3) When an assignment of support is executed or the right to support passes to the
294 department under [
295 eligible to regular monthly assistance and the support paid to the [
297 (4) All [
298 Fund, except any amount which is required to be credited to the federal government[
300 (5) [
301 family stops receiving cash assistance, an assignment of support under [
302 section does not apply to [
303 assistance [
305 (6) The department shall distribute [
307 Sec. 657.
308 (7) [
309 department may not collect more child support [
310 payments under this section [
312 Section 9. Section 35A-3-109 is amended to read:
313 35A-3-109. Assistance provided to guardian or other caretaker -- Periodic review.
314 (1) [
315 department may pay the public assistance [
317 (2) The [
318 recipient under Part 3, Family Employment Program, [
319 another individual interested in or concerned with the welfare of the [
320 recipient if:
321 (a) by reason of the [
322 recipient is unable to manage funds;
323 (b) [
324 contrary to the [
325 (c) [
327 (3) The [
328 (a) undertake or contract with other state agencies to make special efforts to protect the
329 welfare of [
331 (b) periodically review [
333 (i) cash assistance that is provided to an individual other than the [
334 should be discontinued [
335 (ii) a legal guardian [
337 Section 10. Section 35A-3-110 is amended to read:
338 35A-3-110. Third party obligation -- Interest.
341 the [
342 make the reimbursement.
343 (2) Upon receiving notification under Subsection (1), the notified person shall make
347 (3) After the time period established under Subsection (2), the department shall charge
348 interest on any unpaid balance at the rate of 8% per annum unless an extension is granted by
349 the department.
350 Section 11. Section 35A-3-111 is amended to read:
351 35A-3-111. Collection of overpayments.
352 (1) The department [
354 (2) [
355 that is required by a department program, but is not transferred to the federal government [
357 (3) A [
358 has been an overpayment under rules made by the department in accordance with Title 63G,
359 Chapter 3, Utah Administrative Rulemaking Act.
360 Section 12. Section 35A-3-112 is amended to read:
361 35A-3-112. Assistance not assignable -- Exemption from execution, garnishment,
362 bankruptcy, or insolvency proceedings.
363 (1) Public assistance provided under this chapter is not assignable[
365 (2) None of the money paid or payable under this chapter is subject to:
366 (a) execution, levy, attachment, garnishment, or other legal process[
367 (b) the operation of [
368 Section 13. Section 35A-3-113 is amended to read:
369 35A-3-113. Prohibition of charges or fees for representing applicants or
373 this chapter, [
376 before whom an applicant or [
377 charge or fee.
378 Section 14. Section 35A-3-115 is amended to read:
379 35A-3-115. Public employment offices -- Agreements with other authorities --
380 Federal system accepted -- Appropriation.
381 (1) (a) The [
382 employment offices in a manner and in places as [
383 administration of this chapter and for the purposes of performing the functions [
388 the Wagner-Peyser Act, 29 U.S.C. Sec. 49, as amended.
389 (b) The [
390 when determining the location of public employment offices.
391 (c) The [
392 with [
393 (2) (a) The provisions of the Wagner-Peyser Act, 29 U.S.C. 49-49c, 49g, 49h, 49k, and
394 557, are accepted by [
395 (b) The department is designated and constitutes the agency of [
396 purposes of the [
397 (3) (a) For the purpose of establishing and maintaining [
398 offices, and promoting the use of [
399 enter into agreements with [
400 department of the United States, [
402 another state.
403 (b) As a part of an agreement entered into under Subsection (3)(a), the [
404 department may accept money, services, or [
405 maintenance of the state system of public employment offices or as reimbursement for services
407 Section 15. Section 35A-3-201 is amended to read:
409 35A-3-201. Definitions.
410 As used in this part:
411 (1) "Child care" means the child care services [
412 Section 35A-3-102[
413 (a) children [
414 (b) children with disabilities [
415 (2) "Child care provider association" means an association:
416 (a) that has functioned as a child care provider association in the state for at least three
417 years; and
418 (b) is affiliated with a national child care provider association.
419 (3) "Committee" means the Child Care Advisory Committee created in Section
421 (4) "Director" means the director of the Office of Child Care.
422 (5) "Office" means the Office of Child Care created in Section 35A-3-202.
423 Section 16. Section 35A-3-202 is amended to read:
424 35A-3-202. Creation.
425 (1) There is created within the Department of Workforce Services an Office of Child
427 (2) The office shall be administered by a director who shall be appointed by the
428 executive director and who may be removed from that position at the will of the executive
430 Section 17. Section 35A-3-203 is amended to read:
431 35A-3-203. Functions and duties of office -- Annual report.
432 The office shall:
433 (1) assess critical child care needs throughout the state on an ongoing basis and focus
434 its activities on helping to meet the most critical needs;
435 (2) provide child care subsidy services for income-eligible children through age 12 and
436 for income-eligible children with disabilities through age 18;
437 (3) provide information:
438 (a) to employers for the development of options for child care in the work place; and
439 (b) for educating the public in obtaining quality child care;
440 (4) coordinate services for quality child care training and child care resource and
441 referral core services;
442 (5) apply for, accept, or expend gifts or donations from public or private sources;
443 (6) provide administrative support services to the committee;
444 (7) work collaboratively with the following for the delivery of quality child care and
445 early childhood programs, and school age programs throughout the state:
446 (a) the State Board of Education; and
447 (b) the Department of Health;
448 (8) research child care programs and public policy [
449 and accessibility [
450 childhood programs, and school age programs in the state;
451 (9) provide planning and technical assistance for the development and implementation
452 of programs in communities that lack child care, early childhood programs, and school age
454 (10) provide organizational support for the establishment of nonprofit organizations
455 approved by the Child Care Advisory Committee, created in Section 35A-3-205; and
456 (11) coordinate with the department to include in the annual written report described in
457 Section 35A-1-109 information regarding the status of child care in Utah.
458 Section 18. Section 35A-3-204 is amended to read:
459 35A-3-204. Duties of director.
460 The director shall:
461 (1) enforce rules made by the department regulating the use of services provided by the
463 (2) supervise office staff and prepare an annual work plan; and
464 (3) apply for, accept, and expend [
465 assist the office in fulfilling its statutory obligations.
466 Section 19. Section 35A-3-205 is amended to read:
467 35A-3-205. Creation of committee.
468 (1) There is created a Child Care Advisory Committee.
469 (2) The committee shall counsel and advise the office in fulfilling its statutory
470 obligations [
471 (a) [
472 the office's annual budget;
473 (b) providing recommendations on how the office might best respond to child care
474 needs throughout the state; and
475 (c) providing recommendations on the use of [
476 other money that comes into the office[
477 (3) The committee is composed of the following members, with special attention given
478 to insure diversity and representation from both urban and rural groups:
479 (a) one expert in early childhood development;
480 (b) one child care provider who operates a center;
481 (c) one child care provider who operates a family child care business;
482 (d) one parent who is representative of households receiving a child care subsidy from
483 the office;
484 (e) one representative from the public at-large;
485 (f) one representative of the State Office of Education;
486 (g) one representative of the Department of Health;
487 (h) one representative of the Department of Human Services;
488 (i) two representatives from the corporate community, one who is a recent "Family
489 Friendly" award winner and who received the award because of efforts [
490 care [
491 (j) two representatives from the small business community;
492 (k) one representative from child care advocacy groups;
493 (l) one representative of children with disabilities;
494 (m) one representative from the state Head Start Association appointed by the
496 (n) one representative from each child care provider association; and
497 (o) one representative of a child care resource and referral center appointed by the
498 organization representing child care resource and referral agencies.
499 (4) (a) The executive director shall appoint the members designated in Subsections
500 (3)(a) through (e) and (j) through (n).
501 (b) The head of the respective departments shall appoint the members referred to in
502 Subsections (3)(f) through (i).
503 (c) Each child care provider association shall appoint its respective member referred to
504 in Subsection (3)(o).
505 (5) (a) Except as required by Subsection (5)(b), as terms of current committee members
506 expire, the appointing authority shall appoint each new member or reappointed member to a
507 four-year term.
508 (b) Notwithstanding the requirements of Subsection (5)(a), the appointing authority
509 shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
510 terms of committee members are staggered so that approximately half of the committee is
511 appointed every two years.
512 (6) When a vacancy occurs in the membership for any reason, including missing three
513 consecutive meetings where the member has not been excused by the chair prior to or during
514 the meeting, the replacement shall be appointed for the unexpired term.
515 (7) A majority of the members constitutes a quorum for the transaction of business.
516 (8) (a) The executive director shall select a chair from the committee membership.
517 (b) A chair may serve no more than two one-year terms as chair.
518 (9) A member may not receive compensation or benefits for the member's service, but
519 may receive per diem and travel expenses [
520 (a) Section 63A-3-106;
521 (b) Section 63A-3-107; and
522 (c) rules made by the Division of Finance [
523 and 63A-3-107.
524 Section 20. Section 35A-3-206 is amended to read:
525 35A-3-206. Child Care Fund -- Use of money -- Committee and director duties --
527 (1) There is created an expendable special revenue fund known as the "Child Care
529 (2) The director of the office shall administer the fund under the direction of the
531 (3) (a) The office may form nonprofit corporations or foundations controlled by the
532 director of the office and the committee to aid and assist the office in attaining its charitable,
533 research, and educational objectives.
534 (b) The nonprofit corporations or foundations may receive and administer legislative
535 appropriations, government grants, contracts, and private gifts to carry out their public
537 (c) Money collected by [
538 Subsection (3) may be deposited in the Child Care Fund.
539 (d) A nonprofit foundation controlled by the director of the office and the committee
540 shall submit to the Division of Finance, within 60 days after the close of the foundation's fiscal
541 year, a financial report summarizing the foundation's financial position and results of
542 operations of the most recent fiscal year.
543 (4) (a) [
544 variety of sources, including[
545 (b) The fund shall be used to accept money designated for child care initiatives
547 (5) The money in the fund that is not restricted to a specific use under federal law or by
548 donors may not be expended without approval of the committee.
549 (6) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
550 State Money Management Act, except that all interest or other earnings derived from money in
551 the fund [
552 (7) The money in the fund may not be used for administrative expenses of the office
554 (8) The committee shall:
555 (a) advise the director of the office on child care needs in the state and on relevant
556 operational aspects of any grant, loan, or revenue collection program established under this
558 (b) recommend specific child care projects to the director of the office;
559 (c) recommend policy and procedures for administering the fund;
560 (d) make recommendations on grants, loans, or contracts from the fund for any of the
561 child care activities authorized under this part;
562 (e) establish the criteria by which loans and grants will be made;
563 (f) determine the order in which approved child care projects will be funded;
564 (g) make recommendations regarding the distribution of money from the fund in
565 accordance with the procedures, conditions, and restrictions placed [
566 donors; and
567 (h) have joint responsibility with the office to solicit public and private funding for the
569 (9) Fund money shall be used for [
570 (a) training of child care providers;
571 (b) scholarships and grants for child care providers' professional development;
572 (c) child care public awareness and consumer education services;
573 (d) child care provider recruitment;
574 (e) Office of Child Care sponsored activities;
575 (f) matching money for obtaining grants; or
576 (g) other activities that will assist in the improvement of child care quality,
577 affordability, or accessibility.
578 (10) The director of the office, with the consent of the committee and the executive
579 director, may grant, lend, or contract [
580 (a) local governments;
581 (b) nonprofit community, charitable, or neighborhood-based organizations;
582 (c) regional or statewide nonprofit organizations; or
583 (d) child care providers.
584 (11) Preference may be given, but awards may not be limited to [
587 (a) programmatic or financial need;
588 (b) diversity of [
589 (c) coordination with or enhancement of existing services.
590 (12) The executive director or the executive director's designee shall monitor on an
591 annual basis the activities of the [
592 issued from the fund [
593 imposed on the [
594 (13) [
595 loan, or contract shall provide the director of the office with an annual accounting of how the
596 money [
597 (14) (a) The director of the office shall make an annual report to the committee
598 regarding the status of the fund and the programs and services funded by the fund.
599 (b) The report shall be included in the annual written report described in Section
601 Section 21. Section 35A-3-207 is amended to read:
602 35A-3-207. Community-based prevention programs.
603 (1) As used in this section:
604 (a) "political subdivision" means a town, city, county, or school district;
605 (b) "qualified sponsor" means a:
606 (i) political subdivision;
607 (ii) community nonprofit, religious, or charitable organization;
608 (iii) regional or statewide nonprofit organization; or
609 (iv) private for profit or nonprofit child care organization with experience and expertise
610 in operating community-based prevention programs described in Subsection (2) and that are
611 licensed under Title 62A, Chapter 2, Licensure of Programs and Facilities.
612 (2) Within appropriations from the Legislature, the department may provide grants to
613 qualified sponsors for community-based prevention programs that:
614 (a) support parents in their primary care giving role to children;
615 (b) provide positive alternatives to idleness for school-aged children when school is not
616 in session; and
617 (c) support other community-based prevention programs.
618 (3) In awarding [
619 (a) request proposals for funding from potential qualified sponsors; and
622 (b) ensure that each dollar of funds from political subdivisions or private funds is
623 matched for each dollar received from the department. [
624 (4) In meeting the matching requirements under Subsection (3), the department may
625 consider the value of in-kind contributions [
626 volunteer labor, and the incremental increase in building maintenance and operation expenses
627 incurred attributable to the prevention program [
629 (5) In awarding a grant under this section, the department shall consider:
630 (a) the cash portion of the proposed match in relation to the financial resources of the
631 qualified sponsor; and
632 (b) the extent to which the qualified sponsor has:
633 (i) consulted and collaborated with parents of children who are likely to participate,
634 local parent-teacher organizations, and other parent organizations;
635 (ii) identified at-risk factors that will be [
636 prevention program;
637 (iii) identified protective factors and developmental assets that will be supported and
638 strengthened through the proposed prevention program; and
639 (iv) encouraged the financial support of parents and the organizations [
640 described in Subsection (5)(b)(i).
641 (6) [
642 under this section [
643 (7) [
644 funds as matching funds under this act.
645 Section 22. Section 35A-3-301 is amended to read:
647 35A-3-301. Purpose -- Legislative findings.
648 (1) The Legislature finds that:
649 (a) [
651 children, and individuals by increasing family income, developing job skills, and improving
652 self-esteem; and
655 dignity of those receiving assistance, and to strengthen families.
656 (2) The Legislature recognizes that even with assistance, some [
657 be unable to attain complete self-sufficiency.
658 Section 23. Section 35A-3-302 is amended to read:
659 35A-3-302. Eligibility requirements.
660 (1) [
661 cash assistance [
662 (2) (a) The [
663 United States Department of Health and Human Services to obtain [
664 federal Temporary Assistance for Needy Families Block Grant.
665 (b) The [
666 federal law.
667 (c) If a discrepancy [
668 this part supersedes the provision in the state plan.
669 (3) The services [
670 two-parent families.
671 (4) To be eligible for cash assistance under this part, a family shall:
672 (a) have at least one minor dependent child; or
673 (b) have a parent who is in the third trimester of a pregnancy.
674 (5) [
675 Act, the department shall make rules for eligibility and the amount of cash assistance a family
676 is eligible to receive under this part based on:
677 (a) family size;
678 (b) family income;
679 (c) income disregards;
680 (d) other relevant factors; and
681 (e) if the applicant has met the eligibility requirements under Subsections (5)(a)
682 through (d), the assessment and other requirements described in Sections 35A-3-304 and
684 (6) [
685 consider money on deposit in an Individual Development Account established under Section
686 35A-3-312 [
687 (7) The department shall provide for an appeal of a determination of eligibility in
688 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
689 (8) (a) The department shall make a report to either the Legislature's Executive
690 Appropriations Committee or the Social Services Appropriations Subcommittee on any
691 proposed rule change made under Subsection (5) that would modify the:
692 (i) eligibility requirements for cash assistance; or
693 (ii) [
694 (b) The department shall submit the report under Subsection (8)(a) prior to
695 implementing the proposed rule change [
696 (c) The report under Subsection (8)(a) shall include:
697 (i) a description of the department's current practice or policy that it is proposing to
699 (ii) an explanation of why the department is proposing the change;
700 (iii) the effect of an increase or decrease in cash benefits on families; and
701 (iv) the fiscal impact of the proposed change.
703 with the Division of Administrative Rules as its report if the notice contains the information
704 required under Subsection (8)[
705 (9) [
706 Act, the department shall make rules to ensure that:
707 (a) a recipient of assistance from the Family Employment Program:
708 (i) has adequate access to the assistance;
709 (ii) has the ability to use and withdraw assistance with minimal fees or surcharges,
710 including the opportunity to obtain assistance with no fees or surcharges;
711 (iii) is provided information regarding fees and surcharges that may apply to assistance
712 accessed through an electronic fund transaction; and
713 (iv) is provided information explaining the restrictions on accessing assistance
714 described in Subsection (10); and
715 (b) information regarding fees and surcharges that may apply when accessing
716 assistance from the Family Employment Program through an electronic fund transaction is
717 available to the public.
718 (10) An individual receiving assistance under this section may not access the assistance
719 through an electronic benefit transfer, including through an automated teller machine or
720 point-of-sale device, in an establishment in the state that:
721 (a) exclusively or primarily sells intoxicating liquor;
722 (b) allows gambling or gaming; or
723 (c) provides adult-oriented entertainment where performers disrobe or perform
725 (11) An establishment [
726 not allow an individual to access the assistance [
727 establishment's premises through an electronic benefit transfer, including through an automated
728 teller machine or point-of-sale device[
731 (12) In accordance with federal requirements[
732 Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to prevent
733 individuals from accessing assistance in a manner prohibited by Subsections (10) and (11),
734 which rules may include enforcement provisions that impose sanctions that temporarily or
735 permanently disqualify an individual from receiving assistance.
738 Section 24. Section 35A-3-303 is amended to read:
739 35A-3-303. Diversion.
740 (1) (a) When an applicant applies for cash assistance under this part, the [
741 department shall assess whether the applicant should be [
743 (i) diversion to avoid extended cash assistance; or
744 (ii) normal cash assistance under this part.
745 (b) In completing the assessment[
746 may consider the following:
747 (i) the applicant's employment history;
748 (ii) the likelihood of the applicant obtaining immediate full-time employment;
749 (iii) the applicant's general prospect for obtaining full-time employment;
750 (iv) the applicant's need for cash assistance to pay for housing or substantial and
751 unforeseen expenses or work-related expenses;
752 (v) housing stability; and
753 (vi) the adequacy of the applicant's child care arrangements, if applicable.
757 (2) If the [
758 helped by diversion [
759 department shall provide a single payment of cash assistance up to three times the maximum
760 monthly amount of cash assistance that the applicant would be otherwise qualified to receive
761 based on household size.
762 (3) [
763 may receive cash assistance as [
764 Section 25. Section 35A-3-304 is amended to read:
765 35A-3-304. Assessment -- Participation requirements and limitations --
766 Employment plan -- Mentors.
767 (1) (a) Within [
768 provide that a parent [
769 (i) [
770 (ii) [
771 regarding the parent [
777 (A) prior work experience;
778 (B) ability to become employable;
779 (C) skills; and
782 (b) The assessment provided under Subsection (1)(a)(ii) shall include:
783 (i) a survey to be completed by the parent [
785 (ii) a written questionnaire to be completed by the parent [
786 accurately determine the likelihood of the parent [
787 disorder involving the misuse of a controlled substance.
788 (c) In addition to the other requirements of this part, if the results of the written
789 questionnaire taken by a parent [
791 the parent [
792 accordance with the additional requirements of Section 35A-3-304.5.
793 (2) (a) Within 15 business days of a parent [
794 the [
795 (b) The employment plan shall have a target date for entry into employment.
796 (c) The [
797 parent [
798 (d) [
799 (i) job searching requirements;
800 (ii) if the parent [
801 an educational program to obtain a high school diploma, or its equivalent;
802 (iii) education or training necessary to obtain employment;
803 (iv) a combination of work and education or training; and
804 (v) assisting the Office of Recovery Services in good faith to:
805 (A) establish the paternity of a minor child; and
806 (B) establish or enforce a child support order.
807 (e) If the parent [
808 substance after taking a drug test under Section 35A-3-304.5, the employment plan shall
809 include an agreement by the parent [
810 (i) participate in treatment for a substance use disorder; and
811 (ii) meet the other requirements of Section 35A-3-304.5.
812 (f) [
813 plan may include:
814 (i) providing cash and other types of public and employment assistance, including child
816 (ii) assisting the parent [
818 (iii) assisting the parent [
819 (iv) assisting the parent [
820 (g) The [
821 information or changed circumstances.
822 (h) If immediate employment is an activity [
823 parent [
824 (i) promptly commence a search for employment for a specified number of hours each
825 week [
826 (ii) regularly submit a report to the [
827 (A) how time was spent in search for a job;
828 (B) the number of job applications completed;
829 (C) the interviews attended;
830 (D) the offers of employment extended; and
831 (E) other related information required by the [
832 (i) (i) If full-time education or training to secure employment is an activity [
833 in an employment plan, the parent [
834 education or training program.
835 (ii) The employment plan may describe courses, education or training goals, and
836 classroom hours.
837 (j) (i) [
838 under this part[
839 good faith effort to comply with the parent recipient's employment plan.
845 (ii) The department shall establish a process to reconcile disputes between a parent
846 recipient and the department as to whether:
847 (A) the parent [
848 employment plan; or
849 (B) the [
850 (iii) If a parent recipient consistently fails to show good faith in complying with the
851 employment plan, the department may seek to terminate all or part of the cash assistance
852 services provided under this part.
853 (3) (a) Except as provided in Subsection (3)(b), a parent [
854 participation in education or training beyond that required to obtain a high school diploma or
855 its equivalent is limited to the lesser of:
856 (i) 24 months; or
857 (ii) the completion of the education and training requirements of the employment plan.
858 (b) A parent [
859 months beyond the 24-month limit of Subsection (3)(a)(i) if:
860 (i) the parent [
861 (ii) the extension is for good cause shown; and
862 (iii) the extension is approved by the director or the director's designee.
863 (c) A parent [
865 (4) (a) A parent [
866 received 24 months of education or training shall participate in full-time work activities as
867 defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah
868 Administrative Rulemaking Act.
869 (b) The 24 months [
871 (5) [
872 behalf of a minor child under this part[
873 (a) enrolled in and attending school in compliance with Sections 53A-11-101.5 and
874 53A-11-101.7; or
875 (b) exempt from school attendance under Section 53A-11-102.
876 (6) This section does not apply to a person who has received diversion assistance under
877 Section 35A-3-303.
878 (7) (a) The [
879 mentors for parent [
880 (b) A mentor may advocate on behalf of a parent [
882 (i) develop life skills;
883 (ii) implement an employment plan; or
884 (iii) obtain services and [
885 (A) the volunteer mentor;
886 (B) the [
887 (C) civic organizations.
888 Section 26. Section 35A-3-304.5 is amended to read:
889 35A-3-304.5. Drug testing requirements.
890 (1) If the results of a questionnaire described in Subsection 35A-3-304(1) indicate a
891 reasonable likelihood that [
892 involving the misuse of a controlled substance, the [
894 continue to receive cash assistance under this part.
895 (2) If [
896 (1), the department shall terminate cash assistance under this part and the [
897 applicant may not reapply for cash assistance under this part for:
898 (a) 90 days after a first refusal to take a drug test [
899 (b) one year after a second refusal to take a drug test within one year.
900 (3) A drug test given under this section shall be administered with due regard to the
901 privacy and dignity of the person being tested.
902 (4) Before taking a drug test under this section, [
903 advise the person administering the test regarding any prescription or over-the-counter
904 medication the [
905 (5) The result of a drug test given under this section is a private record in accordance
906 with Section 63G-2-302 and disclosure to a third party is prohibited except as provided under
907 Title 63G, Chapter 2, Government Records Access and Management Act.
908 (6) If [
909 substance after taking a drug test under Subsection (1), the [
910 eligible for cash assistance, subject to the other eligibility requirements of this part.
911 (7) If [
912 substance after taking a drug test under Subsection (1), the [
913 (a) shall be given a list of approved substance use disorder treatment providers that are
914 available in the area in which the individual resides; and
915 (b) may continue to receive benefits if the [
916 follows the requirements of [
917 (i) receiving treatment, at the [
918 substance use disorder treatment provider for at least 60 days;
919 (ii) testing negative for the unlawful use of a controlled substance:
920 (A) in each subsequent drug test required by [
921 treatment; and
922 (B) in an additional drug test given at the conclusion of treatment; and
923 (iii) meeting the other requirements of receiving cash assistance under this part.
924 (8) [
925 part, if an applicant:
926 (i) declines to enter into an employment plan required by Subsection (7)[
928 (ii) enters into, but fails to meet, a requirement of an employment plan under
929 Subsection (7), including if the [
930 the employment plan or tests positive for the unlawful use of a controlled substance in a drug
931 test required by the employment plan[
933 (b) An applicant whose cash assistance has been terminated under Subsection (8)(a)
934 may not reapply for cash assistance under this part for:
936 department determines, under this Subsection (8), that the [
937 eligible for cash assistance; or
939 Subsection (8), that the [
940 department has previously determined on at least one other occasion in the past year that the
942 Section 27. Section 35A-3-306 is amended to read:
943 35A-3-306. Limits on eligibility -- Transitional cash assistance.
944 (1) [
945 has the same meaning as defined in [
947 Reconciliation Act of 1996, 42 U.S.C. Sec. 608(a)(7)(C)(iii).
948 (2) Except as provided in Subsection (4), the [
949 cash assistance to a family who has received cash assistance for 36 months or more.
950 (3) (a) The [
951 described in Subsection (2) any time after January 1, 1997, during which:
952 (i) the parent [
953 (ii) the parent [
954 parent [
955 family in this or another state.
956 (b) [
957 described in Subsection (2) or the [
958 during which:
960 not as a parent; or
962 Subsection (5).
971 (4) (a) [
972 to a family for up to 24 months beyond the [
973 during the previous two months[
974 at least 20 hours per week.
975 (b) [
977 (2), the department may provide cash assistance to a family beyond the [
978 in Subsection (2):
979 (i) by reason of a hardship; [
980 (ii) if the family includes an individual who has been battered or subjected to extreme
982 (iii) if a parent volunteers to fully participate in a department-approved employment
983 and training activity as prescribed by rules made by the department in accordance with Title
984 63G, Chapter 3, Utah Administrative Rulemaking Act.
985 (c) [
987 Subsection (4)(a), the department may provide cash assistance to a family beyond the
988 additional [
989 (i) by reason of a hardship; or
990 (ii) if the family includes an individual who has been battered or subjected to extreme
992 (d) The department may only provide the additional cash assistance described in
993 Subsections (4)(b) and (c) for up to 20% of the average monthly number of families who
994 receive cash assistance under this part.
996 may not provide cash assistance to a family who has received 60 months of cash assistance
997 after October 1, 1996.
998 (5) (a) The department may provide transitional cash assistance to a parent recipient:
999 (i) if the department determines the transitional cash assistance is necessary to stabilize
1000 employment and prevent recidivism of a recipient;
1001 (ii) who was previously receiving cash assistance under the Family Employment
1002 Program but who becomes ineligible due to earned or unearned income; and
1003 (iii) for a maximum of three months if the parent recipient is employed an average of
1004 30 hours per week during the transitional period.
1005 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1006 department shall make rules for the provision of transitional cash assistance under this section.
1007 Section 28. Section 35A-3-307 is amended to read:
1008 35A-3-307. Cash assistance to a single minor parent.
1009 (1) The [
1010 accordance with this section.
1011 (2) A single minor parent who receives cash assistance under this part shall:
1012 (a) except as provided under Subsection (3), reside in a place of residence maintained
1013 by a parent, legal guardian, or other adult relative of the single minor parent[
1015 (b) participate in education for parenting and life skills;
1016 (c) participate in infant and child wellness programs [
1018 (d) for [
1019 (i) [
1020 not have a high school diploma, attend high school or an alternative to high school;
1021 (ii) participate in education or training; or
1022 (iii) participate in a combination of employment and education or training.
1023 (3) (a) If the [
1024 (2)(a) are not appropriate for a single minor parent, the [
1025 single minor parent to obtain suitable living arrangements, including an adult-supervised living
1027 (b) [
1028 a single minor parent who is exempt from the requirements of Subsection (2)(a) [
1029 the single minor parent resides in a living arrangement that is approved by the [
1031 (c) The approval by the [
1033 (i) is a means of safeguarding the use of state and federal funds; and
1034 (ii) is not a certification or guarantee of the safety, quality, or condition of the living
1035 arrangements of the single minor parent.
1036 (4) (a) If a single minor parent resides with a parent, the [
1037 include the income of the parent of the single minor parent in determining the single minor
1038 parent's eligibility for services [
1039 (b) If a single minor parent receives services [
1040 not reside with a parent, the [
1041 12, Utah Child Support Act, requiring the parent of the single minor parent to financially
1042 support the single minor parent.
1043 (5) The requirements of this section shall be included in a single minor parent's
1044 employment plan under Section 35A-3-304.
1045 Section 29. Section 35A-3-308 is amended to read:
1046 35A-3-308. Adoption services -- Printed information -- Supports provided.
1047 (1) The [
1048 applicant who is pregnant and is not receiving cash assistance [
1049 of the third trimester of pregnancy.
1050 (2) For a pregnant [
1051 (a) refer the [
1052 health services provided under Title 26, Chapter 10, Family Health Services;
1053 (b) inform the [
1054 placement agencies and licensed attorneys; and
1055 (c) offer the [
1057 (3) The department shall publish an adoption information packet that:
1058 (a) is easy to understand;
1059 (b) contains geographically indexed materials on the public and private organizations
1060 that provide adoption assistance;
1061 (c) lists the names, addresses, and telephone numbers of licensed child placement
1062 agencies and licensed attorneys who place children for adoption;
1063 (d) explains that private adoption is legal and that the law permits adoptive parents to
1064 reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
1065 pregnancy; and
1066 (e) describes the services [
1068 (4) (a) A [
1069 though the [
1070 in accordance with Sections 78B-6-120 through 78B-6-122.
1071 (b) The assistance provided under this section may include:
1072 (i) reimbursement for expenses associated with care and confinement during pregnancy
1073 as provided [
1074 (ii) for a maximum of 12 months from the date of relinquishment, coordination of
1075 services to assist the [
1076 (A) receiving appropriate educational and occupational assessment and planning;
1077 (B) enrolling in appropriate education or training programs, including high school
1078 completion and adult education programs;
1079 (C) enrolling in programs that provide assistance with job readiness, employment
1080 counseling, finding employment, and work skills;
1081 (D) finding suitable housing;
1082 (E) receiving medical assistance, under Title 26, Chapter 18, Medical Assistance Act,
1083 if the [
1084 (F) receiving counseling and other mental health services.
1085 (5) (a) Except as provided in Subsection (5)(b), a [
1086 eligible to receive an amount equal to the maximum monthly amount of cash assistance paid
1087 under this part to one person for up to 12 consecutive months from the date of relinquishment.
1088 (b) If a [
1089 the [
1091 months from the date of relinquishment.
1092 (6) (a) To [
1094 (i) with the cooperation of the [
1095 employment plan [
1097 training [
1098 (ii) if the [
1099 or an alternative to high school and demonstrate progress toward graduation; and
1100 (iii) make a good faith effort to meet the goals of the employment plan as [
1101 described in Section 35A-3-304.
1102 (b) Cash assistance provided to a [
1103 relinquishes a child for adoption is part of the state plan.
1104 (c) Assistance provided under Subsection (5):
1105 (i) shall be provided for with state funds; and
1106 (ii) may not be [
1107 assistance under this chapter.
1108 (d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
1109 under the state plan.
1110 (e) The [
1112 (f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
1113 state plan.
1114 Section 30. Section 35A-3-309 is amended to read:
1115 35A-3-309. Information regarding home ownership.
1116 (1) The [
1117 assist [
1118 (2) The information and services may include:
1119 (a) information from the Utah Housing Corporation and the Housing and Community
1120 Development Division regarding special housing programs, including programs for first-time
1121 home buyers and [
1122 requirements for those programs;
1123 (b) referrals to programs operated by volunteers from the real estate industry that assist
1125 down payments, closing costs, and credit requirements; and
1126 (c) referrals to housing programs operated by municipalities, counties, local housing
1127 authorities, and nonprofit housing organizations that assist individuals [
1128 affordable housing, including first-time home ownership.
1129 Section 31. Section 35A-3-310 is amended to read:
1130 35A-3-310. Child care services -- Rules.
1131 (1) [
1132 for a minor child in the care and custody of the parent [
1133 in a two-parent family:
1134 (a) is capable of caring for the family's child;
1135 (b) is not employed; and
1136 (c) has not entered into an employment plan with the [
1137 (2) The [
1138 care at no cost from a parent, sibling, relative, or other suitable provider.
1139 (3) [
1140 Chapter 3, Utah Administrative Rulemaking Act, the department may make rules governing
1141 eligibility for child care services for a minor child in the care and custody of a parent who does
1142 not receive cash assistance under this part.
1143 Section 32. Section 35A-3-310.5 is amended to read:
1144 35A-3-310.5. Child care providers -- Criminal background checks -- Payment of
1145 costs -- Prohibitions -- Department rules.
1146 (1) This section applies to a child care provider who:
1147 (a) (i) is selected by [
1148 payment; or
1149 (ii) is a recipient of a child care assistance payment;
1150 (b) is not required to undergo a criminal background check with the Department of
1151 Health, Bureau of Child Care Licensing;
1152 (c) is not a license exempt child care center or program; and
1153 (d) is an eligible child care provider [
1154 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1155 (2) (a) [
1156 department the name and other identifying information, [
1157 fingerprints, of:
1158 (i) existing, new, and proposed [
1159 child care; and
1160 (ii) individuals who are at least 18 years of age and reside in the premises where the
1161 child care is provided.
1162 (b) The department may waive the fingerprint requirement under Subsection (2)(a) for
1163 an individual who has:
1164 (i) resided in Utah for five years prior to the required submission; or
1165 (ii) (A) previously submitted a set of fingerprints under this section for a national
1166 criminal history record check; and
1167 (B) resided in Utah continuously since submitting the fingerprints.
1168 (c) The [
1169 created within the Department of Public Safety under Section 53-10-103 shall:
1170 (i) process and conduct background checks on all individuals as requested by the
1172 (ii) submit required fingerprints to the U.S. Federal Bureau of Investigation for a
1173 national criminal history background check of the individual.
1174 (d) If the department waives the fingerprint requirement under Subsection (2)(b), the
1176 department or its representative access to the [
1177 Services Division's [
1178 convicted of a crime.
1179 (e) The child care provider shall pay the cost of the history background check provided
1180 under Subsection (2)(c).
1181 (3) (a) [
1182 department the name and other identifying information of an individual, age 12 through 17,
1183 who resides in the premises where the child care is provided.
1187 determine whether an individual described in Subsection (2) or (3)(a) has been adjudicated in
1188 juvenile court of committing an act which, if committed by an adult, would be a felony or
1189 misdemeanor if:
1190 (i) the individual described in Subsection (2) is under the age of 28; or
1191 (ii) the individual described in Subsection (2):
1192 (A) is [
1193 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1194 abeyance or diversion agreement for a felony or misdemeanor.
1195 (4) Except as provided in Subsection (5), a child care provider under this section may
1196 not permit an individual [
1200 described under Subsection (3)(b) to:
1201 (a) provide subsidized child care; or
1202 (b) reside at the premises where subsidized child care is provided.
1203 (5) (a) The department may make [
1204 3, Utah Administrative Rulemaking Act, to exempt the following from the restrictions of
1205 Subsection (4):
1206 (i) a specific misdemeanor;
1207 (ii) a specific act adjudicated in juvenile court, which if committed by an adult would
1208 be a misdemeanor; and
1209 (iii) background checks of individuals other than the provider who are residing at the
1210 premises where subsidized child care is provided if that child care is provided in the child's
1212 (b) In accordance with criteria established by [
1213 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive
1214 director or the director's designee may consider and exempt individual cases, not otherwise
1215 exempt under Subsection (5)(a), from the restrictions of Subsection (4).
1216 (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1217 department shall [
1218 (a) whether a child care subsidy payment should be made prior to the completion of a
1219 background check, particularly in the case of a delay in making or completing the background
1220 check; and
1221 (b) if, and how often, a child care provider shall resubmit the information required
1222 under Subsections (2) and (3).
1223 Section 33. Section 35A-3-311 is amended to read:
1224 35A-3-311. Cash assistance to noncitizen legal residents and drug dependent
1226 (1) [
1227 may provide cash assistance to a legal resident who is not a citizen of the United States using
1228 funds appropriated from the [
1229 General Fund.
1230 (2) (a) The State exercises the opt out provision in Section 115 of the Personal
1231 Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
1232 (b) Consistent with Subsection (2)(a), the [
1233 assistance and SNAP benefits to a person who has been convicted of a felony involving a
1234 controlled substance, as defined in Section 58-37-2.
1235 (c) As a condition for receiving cash assistance under this part, a drug dependant
1236 person, as defined in Section 58-37-2, shall:
1237 (i) receive available treatment for the dependency; and
1238 (ii) make progress toward overcoming the dependency.
1239 (d) The department may only refer [
1240 to a treatment provider [
1241 objective level of success, as defined by department [
1242 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1243 Section 34. Section 35A-3-312 is amended to read:
1244 35A-3-312. Individual development accounts.
1245 (1) As used in this section:
1246 (a) "Individual development account" means a trust account funded through periodic
1247 contributions by a [
1248 organized under Section 501(c)(3), Internal Revenue Code.
1249 (b) "Qualified acquisition costs" means the costs of acquiring, constructing, or
1250 reconstructing a residence, including settlement and closing costs.
1251 (c) "Qualified businesses capitalization expenses" means expenditures for capital,
1252 plant, equipment, working capital, and inventory.
1253 (2) An individual development account may be established by or on behalf of a [
1254 recipient to enable [
1255 (a) postsecondary educational expenses [
1256 tuition, fees, books, supplies, and transportation costs, if:
1257 (i) the recipient has terminated cash assistance under this chapter; and
1258 (ii) the expenses are paid from the individual development account directly to an
1259 educational institution that the [
1261 (b) qualified acquisition costs associated with a first-time home purchase if paid from
1262 the individual development account directly to a person to whom the amount is due;
1263 (c) amounts paid from an individual development account directly to a business
1264 capitalization account that is established in a federally insured financial institution and used
1265 solely for qualified business capitalization expenses; or
1266 (d) the purchase of assistive technologies, vehicle modifications, or home
1267 improvements [
1268 work-related activities.
1269 (3) A [
1270 not-for-profit organization into an individual development account.
1271 Section 35. Section 35A-3-313 is amended to read:
1272 35A-3-313. Performance goals.
1281 assistance provided under this part.
1283 goals that will be used in the performance monitoring system for cash assistance under this
1286 Section 35A-1-109, a description of the difference between actual performance and
1287 performance goals for the second, third, and fourth quarters of the prior fiscal year and the first
1288 quarter of the current fiscal year.
1290 information described in Subsection [
1291 has oversight responsibilities for the Department of Workforce Services during the general
1292 session of the Legislature that follows the submission of the report.
1294 the budget for services [
1295 Section 36. Section 35A-3-401 is amended to read:
1297 35A-3-401. General Assistance.
1298 (1) (a) The department may provide General Assistance [
1299 individuals who are:
1300 (i) not receiving cash assistance under Part 3, Family Employment Program, or
1301 Supplemental Security Income[
1302 (ii) unemployable according to standards established by the department.
1303 (b) (i) General Assistance [
1304 include payment in cash or in kind.
1305 (ii) The [
1306 that is no more than the existing payment level for an otherwise similarly situated [
1307 recipient receiving cash assistance under Part 3, Family Employment Program.
1308 (c) The [
1310 (d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
1311 applicant for the federal Supplemental Security Income [
1312 Disabled program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
1314 the Social Security Administration.
1315 (ii) General Assistance payments may not be made to a [
1316 currently receiving:
1317 (A) cash assistance; or
1318 (B) Supplemental Security Income for the Aged, Blind, and Disabled.
1319 (e) (i) General Assistance may be used for the reasonable cost of burial for a [
1320 recipient if heirs or relatives are not financially able to assume this expense.
1321 (ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed[
1322 Section 53B-17-301 applies.
1323 (iii) The department shall fix the cost of a reasonable burial and conditions under
1324 which burial expenditures may be made.
1325 (2) The [
1326 any private nonprofit agency, in establishing work projects to provide employment for
1327 employable persons.
1328 Section 37. Section 35A-3-402 is amended to read:
1329 35A-3-402. Calculation of General Assistance grants.
1331 under Section 35A-3-401[
1333 (1) within amounts appropriated by the Legislature; and
1334 (2) calculated in a manner [
1335 provided in Section 35A-3-302.
1336 Section 38. Section 35A-3-502 is amended to read:
1337 35A-3-502. Definitions of social capital.
1338 (1) As used in this part[
1339 civic organization, including values, cooperation, strength to families and neighborhoods, and
1340 ensuring livable communities and nurturing environments.
1356 (2) Social capital links society together by:
1357 (a) creating opportunities for service and giving;
1358 (b) facilitating trust and cooperation; and
1359 (c) enhancing investments in physical and human capital.
1360 Section 39. Section 35A-3-503 is amended to read:
1361 35A-3-503. Purpose -- Limitations.
1372 (1) Using social capital, [
1373 chapter may receive a wide array of services [
1374 government alone. [
1378 (a) the constitutional limits of state government to sustain civic institutions that
1379 provide social capital[
1380 (b) that the state does not create [
1381 civic institutions; and
1382 (c) that state government [
1383 constitutionally encourage strong civic institutions that sustain a sense of community [
1385 Section 40. Section 35A-3-504 is amended to read:
1386 35A-3-504. Relationship of civic and state services.
1387 (1) (a) Services and supports provided by a civic organization under this part are in
1388 addition to, and not in lieu of, any service [
1389 department to a recipient.
1390 (b) Receipt of services from a civic organization may not diminish a [
1391 recipient's eligibility for services [
1392 (2) [
1393 a civic organization.
1394 (3) A civic organization is under no obligation to provide services to a person, except
1395 as provided in a contract between the organization and the [
1396 under Section 35A-3-507.
1397 Section 41. Section 35A-3-505 is amended to read:
1398 35A-3-505. Application -- Referral to civic organizations.
1399 (1) The [
1400 (a) shall[
1403 (b) may inform the applicant of the availability of [
1404 services provided by civic organizations.
1405 (2) (a) If an applicant chooses to receive [
1406 organization, the [
1407 appropriate civic organizations.
1408 (b) If an applicant chooses not to receive the services [
1409 organization or requests services [
1410 services [
1411 application as provided under this chapter.
1412 Section 42. Section 35A-3-506 is amended to read:
1413 35A-3-506. Diversion payment -- Referral to civic organizations.
1415 the [
1416 (1) shall assess whether the [
1417 would benefit from services [
1418 (2) may inform the [
1419 organizations provide.
1420 Section 43. Section 35A-3-507 is amended to read:
1421 35A-3-507. Request for proposals from civic organizations -- Contract
1423 (1) (a) [
1424 designee may issue a request for proposals[
1426 social capital.
1427 (b) [
1428 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall establish
1429 by rule:
1430 (i) specifications for proposals;
1431 (ii) deadlines for submissions;
1432 (iii) contents of proposals;
1433 (iv) the criteria upon which proposals will be accepted; and
1434 (v) the amount of available funding.
1435 (2) Within appropriations from the Legislature, the director may enter into[
1438 (a) the funding, if any, to be provided to the civic organization by the [
1440 (b) the geographical boundary within which the civic organization is to provide
1441 services [
1442 (c) a description of the services [
1443 to [
1444 (d) the performance monitoring system to be used by the civic organization to evaluate
1445 the [
1446 (e) other provisions [
1448 (3) (a) A contract between the [
1449 section is for a defined period of time and a fixed funding amount.
1450 (b) If a contract provides public funds, the civic organization [
1451 comply with all applicable state and federal law with respect to those funds, [
1453 (4) The services [
1454 not include eligibility determinations, cash assistance, [
1455 quality assurance related to these functions.
1456 Section 44. Section 35A-3-508 is amended to read:
1457 35A-3-508. Inventory of civic organizations.
1458 (1) [
1460 described in Section 35A-3-510, shall complete a statewide inventory of interested civic
1462 include for each participating civic organization:
1463 (a) a description of the services [
1464 (b) the geographical locations served;
1465 (c) methods of accessing services; and
1466 (d) eligibility requirements for services.
1467 (2) The inventory shall be [
1468 a usable form as a resource directory for [
1469 Section 45. Section 35A-3-510 is amended to read:
1470 35A-3-510. Coalition of civic and other organizations.
1471 (1) The director shall convene a coalition of civic organizations, representatives of the
1473 public officials, community leaders, members of the Legislature, and other persons and
1474 organizations as [
1475 (2) The coalition shall offer advice to the director on issues relevant to this part.
1476 Section 46. Section 35A-3-601 is amended to read:
1478 35A-3-601. Title.
1479 This part [
1481 Section 47. Section 35A-3-603 is amended to read:
1482 35A-3-603. Civil liability for overpayment.
1486 overpayment shall, regardless of fault, return the overpayment or repay its value to the
1487 department immediately:
1488 (a) upon receiving written notice of the overpayment from the department; or
1489 (b) upon discovering the overpayment, if that occurs [
1491 balance of the overpayment shall accrue at the rate of 1% a month.
1492 (b) If the overpayment was not the fault of the person receiving it, that person is not
1493 liable for interest on the unreturned balance.
1494 (c) In accordance with federal law and rules made by the department in accordance
1495 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
1496 recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
1497 cash-related assistance provided to a [
1498 provided by federal law.
1500 person in obtaining an overpayment is jointly and severally liable for the overpayment.
1502 35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
1503 that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
1504 knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
1505 misrepresentation, impersonation, or other fraudulent means, [
1506 committing any of the acts or omissions described in Sections 76-8-1203 [
1507 or 76-8-1205.
1508 (b) If fault is established under Subsection [
1509 Chapter 8, Part 12, Public Assistance Fraud, [
1510 obtain an overpayment [
1511 (i) a civil penalty of 10% of the amount of the overpayment; and
1512 (ii) disqualification from receiving cash assistance from the Family Employment
1513 Program created in Section 35A-3-302 and the General Assistance program under Section
1514 35A-3-401, if the overpayment was obtained from either of those programs, for [
1517 (iii) disqualification from [
1518 overpayment was received from SNAP, for the period described in Subsection (4)(c).
1519 (c) Unless otherwise provided by federal law, the period of a disqualification under
1520 Subsection (4)(b)(ii) and (iii) is for:
1521 (i) 12 months for [
1522 (ii) 24 months for [
1523 (iii) permanently for [
1525 department may recover, in addition to the principal sum plus interest, reasonable [
1526 attorney fees and costs [
1527 (b) If the repayment obligation arose from an administrative error by the department,
1528 the department may not recover attorney fees and costs.
1530 by the person from whom repayment is sought, the court shall assess an additional sum as
1531 considered appropriate as punitive damages up to the amount of repayment being sought.
1533 governed by Title 76, Chapter 8, Part 12, Public Assistance Fraud.
1536 its responsibilities under Title 26, Chapter 19, Medical Benefits Recovery Act, and Chapter 20,
1537 Utah False Claims Act.
1538 Section 48. Section 35A-3-604 is amended to read:
1539 35A-3-604. Obligor presumed to have notice of department's rights -- Authority
1540 to administer oaths, issue subpoenas, and compel witnesses and production of documents
1541 -- Recovery of attorney fees, costs, and interest -- Rulemaking authority -- Administrative
1543 (1) An obligor is presumed to have received notice of the rights of the department
1544 under this part upon engaging in this state in any of the acts described in Subsections
1546 (2) For the purposes of this part, the department may administer oaths and certify
1547 official acts, issue subpoenas, and compel witnesses and the production of business records,
1548 documents, and evidence.
1549 (3) (a) Except when an overpayment results from administrative error, the department
1550 may recover from the obligor:
1551 (i) reasonable attorneys' fees;
1552 (ii) costs incurred in pursuing administrative remedies under this part; and
1553 (iii) interest at the rate of 1% a month accruing from the date an administrative or
1554 judicial order is issued determining the amount due under this part.
1555 (b) The department may recover interest, [
1556 of the assessment has been included in a notice of agency action issued in [
1557 compliance with Title 63G, Chapter 4, Administrative Procedures Act.
1558 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1559 department may make, amend, and enforce rules to carry out the provisions of this part.
1560 (5) Service of all notices and orders under this part shall comply with:
1561 (a) Title 63G, Chapter 4, Administrative Procedures Act[
1562 (b) Utah Rules of Civil Procedure[
1563 (c) rules made by the department under this part in accordance with Title 63G, Chapter
1564 3, Utah Administrative Rulemaking Act, that meet standards required by due process.
1565 Section 49. Section 35A-3-605 is amended to read:
1566 35A-3-605. Issuance or modification of administrative order -- Voluntary
1567 acknowledgment of overpayment -- Court orders supersede administrative orders --
1568 Notification requirement.
1572 an administrative order that:
1573 (i) determines whether an overpayment was made, the amount of the overpayment, and
1574 whether benefits were obtained by an intentional program violation;
1575 (ii) reduces the overpayment [
1576 (iii) renews an administrative judgment.
1577 (b) The department shall commence an adjudicative proceeding to renew a judgment
1578 by serving notice of agency action on the obligor before the judgment is barred by the
1579 applicable statute of limitations.
1581 obligation and enter into stipulated agreements to issue orders and judgments.
1583 unless it is in direct conflict with or is superseded by a provision of a court order.
1584 (b) To the extent of any conflict, the court order governs.
1586 obligor shall notify the department of any subsequent change of address or employment.
1587 Section 50. Section 35A-3-606 is amended to read:
1588 35A-3-606. Docketing abstract of final administrative order -- Real property and
1589 personal property liens -- Effect of order -- Execution.
1590 (1) (a) An abstract of a final administrative order may be docketed in the district court
1591 of any county in the state.
1592 (b) The time of receipt of the abstract shall be noted by the clerk on the abstract and
1593 entered in the docket.
1594 (2) (a) From the time the abstract is docketed in the judgment docket of a district court,
1595 any administrative judgment included in the order abstracted constitutes a lien upon the real
1596 property of the obligor situated in that county.
1597 (b) Unless satisfied, the lien is for a period of eight years from the date the order is
1598 entered [
1599 (3) The final administrative order fixing the liability of the obligor shall have the same
1600 effect as any other money judgment entered in a district court.
1601 (4) [
1602 garnishment, or execution on a judgment included in or accruing under an administrative order
1603 filed and docketed under this section shall be in the same manner and with the same effect as
1604 an attachment, garnishment, or execution on a judgment of a district court[
1605 (b) A writ of garnishment on earnings shall continue to operate and require the
1606 garnishee to withhold the nonexempt portion of the earnings at each succeeding earnings
1607 disbursement interval until released in writing by the department or by court order.
1608 (5) The lien and enforcement remedies provided by this section are in addition to any
1609 other lien or remedy provided by law.
1610 Section 51. Section 35A-3-607 is amended to read:
1611 35A-3-607. Property subject to execution or lien -- Restriction on transfer or
1612 conveyance -- Release of excess amount above liability to obligor.
1613 (1) [
1614 abstract has been docketed and a lien established under this part, a person in possession of
1616 transfer, encumber, or convey that property to [
1618 (b) The restrictions under Subsection (1)(a) do not apply if the person in possession
1619 first receives a release or waiver from the department, or a court order releasing the lien or
1620 stating that the liability does not exist or has been satisfied.
1621 (2) If a person has in his possession earnings, deposits, accounts, or balances owed to
1622 the obligor in excess of $100 over the amount of the liability claimed by the department, [
1623 the person may, without liability under this part, release the excess to the obligor.
1624 Section 52. Section 35A-3-608 is amended to read:
1625 35A-3-608. Schedule of payments to be paid upon liability -- Establishment --
1627 (1) [
1628 (a) consistent with the income, earning capacity, and resources of the obligor, set or
1629 reset the level and schedule of payments to be paid upon the liability; and
1630 (b) [
1632 (2) The department may recover an overpayment through deductions from cash
1633 assistance or SNAP benefits under Section 35A-3-603.
1634 Section 53. Section 35A-3-609 is amended to read:
1635 35A-3-609. Statute of limitation -- Enforcement of lien or order.
1637 under this part [
1639 Section 54. Section 35A-3-610 is amended to read:
1640 35A-3-610. Legal representation at hearings.
1641 (1) A party may be represented by legal counsel at [
1642 (2) At the request of the department [
1643 county attorney [
1645 Section 55. Section 35A-3-701, which is renumbered from Section 35A-3-116 is
1646 renumbered and amended to read:
1649 Committee and director duties -- Restrictions.
1650 (1) There is created an expendable special revenue fund, known as the "Refugee
1651 Services Fund."
1652 (2) The director shall administer the fund with input from the department and any
1653 advisory committee involved with the provision of refugee services within the department.
1654 (3) (a) Money shall be deposited into the fund from legislative appropriations, federal
1655 grants, private foundations, and individual donors.
1656 (b) The director shall encourage a refugee who receives services funded under
1657 Subsection (8) to be a donor to the fund when the refugee's financial situation improves
1658 sufficiently to make a donation.
1659 (4) Except for money restricted to a specific use under federal law or by a donor, the
1660 director may not spend money from the fund without the input described in Subsection (2).
1661 (5) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
1662 State Money Management Act, and all interest or other earnings derived from the fund money
1663 shall be deposited in the fund.
1664 (6) Money in the fund may not be used by the director for administrative expenses.
1665 (7) If the department establishes a refugee services advisory committee referenced in
1666 Subsection (2), the committee may:
1667 (a) advise the director on refugee services needs in the state and on relevant operational
1668 aspects of any grant or revenue collection program established under this part;
1669 (b) recommend specific refugee projects to the director;
1670 (c) recommend policies and procedures for administering the fund;
1671 (d) make recommendations on grants made from the fund for refugee services activities
1672 authorized under this section;
1673 (e) advise the director on the criteria by which grants from the fund shall be made;
1674 (f) recommend the order approved projects should be funded;
1675 (g) make recommendations regarding the distribution of money from the fund in
1676 accordance with federal or donor restrictions; and
1677 (h) have joint responsibility to solicit public and private funding for the fund.
1678 (8) The director may use fund money to:
1679 (a) train an existing refugee organization to develop its capacity to operate
1680 professionally and effectively and to become an independent, viable organization; or
1681 (b) provide grants to refugee organizations and other entities identified in Subsection
1682 (9) to assist them:
1683 (i) with case management;
1684 (ii) in meeting emergency housing needs for refugees;
1685 (iii) in providing English language services;
1686 (iv) in providing interpretive services;
1687 (v) in finding and maintaining employment for refugees;
1688 (vi) in collaborating with the state's public education system to improve the
1689 involvement of refugee parents in assimilating their children into public schools;
1690 (vii) in meeting the health and mental health needs of refugees;
1691 (viii) in providing or arranging for child care services; or
1692 (ix) in administering refugee services.
1693 (9) The director, with the input described in Subsection (2), may grant fund money for
1694 refugee services outlined in Subsection (8) through a request for proposal process to:
1695 (a) local governments;
1696 (b) nonprofit community, charitable, or neighborhood-based organizations or private
1697 for-profit organizations involved with providing or arranging for the provision of refugee
1698 services; or
1699 (c) regional or statewide nonprofit organizations.
1700 (10) (a) The director shall enter into a written agreement with each [
1701 that successfully applies for a grant [
1702 (b) The agreement shall include specific terms for each grant consistent with the
1703 provisions of this section, including the structure, amount, and nature of the grant.
1704 (11) The director shall monitor the activities of the recipients of grants issued from the
1705 fund on an annual basis to ensure compliance with the terms and conditions imposed on the
1706 recipient by the fund.
1707 (12) The director shall require an entity that receives a grant under this section to
1708 provide periodic accounting of how the money was used.
1709 (13) As part of the annual written report described in Section 35A-1-109, the director
1710 shall report the status of the fund, including programs and services funded by the fund.
1711 Section 56. Section 35A-3-702, which is renumbered from Section 35A-3-117 is
1712 renumbered and amended to read:
1714 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1715 department may make rules to provide for the administration and coordination of services to
1716 refugees beyond the time period refugee assistance is provided or funded by the federal
1717 government, including the provision of:
1718 (a) services to address emergency needs;
1719 (b) English language training; and
1720 (c) services for victims of domestic violence.
1721 (2) The director shall administer and coordinate services under this section:
1722 (a) with input from the department and any office or advisory committee involved with
1723 the provision of refugee services within the department; and
1724 (b) in accordance with any state and federal requirements related to the provision of
1725 services to refugees.
1726 Section 57. Section 76-8-1201 is amended to read:
1727 76-8-1201. Definitions.
1728 As used in this part:
1729 (1) "Client" means a person who receives or has received public assistance.
1730 (2) "Overpayment" [
1731 in Section [
1732 (3) "Provider" [
1733 Section 62A-11-103.
1734 (4) "Public assistance" [
1735 defined in Section 35A-1-102.
1736 Section 58. Section 76-8-1205 is amended to read:
1737 76-8-1205. Public assistance fraud defined.
1738 Each of the following persons, who intentionally, knowingly, or recklessly commits any
1739 of the following acts, is guilty of public assistance fraud:
1740 (1) [
1741 SNAP benefits as defined in Section 35A-1-102, a SNAP identification card, a certificate of
1742 eligibility for medical services, a Medicaid identification card, a fund transfer instrument, a
1743 payment instrument, or a public assistance warrant in a manner not allowed by law;
1744 (2) [
1745 benefits as defined in Section 35A-1-102, or [
1746 eligibility for medical services, Medicaid identification card, or other public assistance with
1747 which [
1748 connection with [
1749 public assistance program;
1750 (3) [
1751 in this section;
1752 (4) [
1753 failing to comply with any applicable requirement in Sections 76-8-1203 and 76-8-1204;
1754 (5) [
1755 funded public assistance program for goods or services not provided to or for a client of that
1757 (6) [
1758 or federal law, rule, or provider agreement for goods or services not authorized under the state
1759 or federally funded public assistance program for which the goods or services were provided;
1760 (7) [
1762 (8) [
1763 provided, or bills in an amount greater than allowed by law or rule;
1764 (9) [
1765 in excess of the amount [
1766 public assistance, and fails to notify the state agency to which the client previously reported
1767 within 10 days after acquiring the excess income or resources;
1768 (10) [
1769 with intent to obtain or help another obtain an "overpayment" as defined in Section
1771 (11) [
1773 Section 59. Repealer.
1774 This bill repeals:
1775 Section 35A-3-602, Definitions.
Legislative Review Note
as of 11-21-14 6:28 PM
Office of Legislative Research and General Counsel