Representative Kay J. Christofferson proposes the following substitute bill:




Chief Sponsor: Kay J. Christofferson

Senate Sponsor: Peter C. Knudson


8     General Description:
9          This bill amends provisions of the Utah Human Services Code in relation to child
10     welfare services.
11     Highlighted Provisions:
12          This bill:
13          ▸     prohibits the Division of Child and Family Services (the division) from taking
14     certain actions in response to a request for services;
15          ▸     prohibits the division from requiring, requesting, or recommending that a parent or
16     guardian give up certain rights in order to obtain certain services;
17          ▸     permits the use of out-of-home funds, under certain circumstances, for a child who
18     is not removed from the child's home;
19          ▸     permits the use of adoption assistance funds, under certain circumstances, to
20     provide post-adoption services;
21          ▸     requires the division to refer an individual to a service provider, under certain
22     circumstances, at the same rate that the service provider charges the division; and
23          ▸     establishes a contract requirement for the division's service providers.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          62A-4a-106, as last amended by Laws of Utah 2012, Chapter 290
31          62A-4a-903, as last amended by Laws of Utah 2009, Chapter 75

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 62A-4a-106 is amended to read:
35          62A-4a-106. Services provided by division.
36          (1) The division may provide, directly or through contract, services that include the
37     following:
38          (a) adoptions;
39          (b) day care for children;
40          (c) out-of-home placements for minors;
41          (d) health-related services;
42          (e) homemaking services;
43          (f) home management services;
44          (g) protective services for minors;
45          (h) transportation services; and
46          (i) domestic violence services.
47          (2) Services provided directly by the division or through contract shall be monitored by
48     the division to insure compliance with applicable:
49          (a) state law; and
50          (b) standards and rules of the division.
51          (3) When the division provides a service through a private contract, not including a
52     foster parent placement, the division shall post the name of the service provider on the
53     division's website.
54          (4) Unless a parent or guardian of a child who is adopted from the custody of the
55     division expressly requests otherwise, the division may not, solely on the basis that the parent
56     or guardian contacts the division regarding services or requests services from the division:

57          (a) remove or facilitate the removal of a child from the child's home;
58          (b) file a petition for removal of a child from the child's home;
59          (c) file a petition for a child protective order;
60          (d) make a supported finding;
61          (e) seek a substantiated finding;
62          (f) file a petition alleging that a child is abused, neglected, dependent, or abandoned; or
63          (g) file a petition for termination of parental rights.
64          (5) (a) The division shall, to the extent that sufficient funds are available, use out-of-
65     home funds to provide services to a child who is adopted from the custody of the division,
66     without requiring that a parent terminate parental rights, or that a parent or legal guardian of the
67     child transfer or surrender custodial rights, in order to receive the services.
68          (b) The division may not require, request, or recommend that a parent terminate
69     parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to
70     receive services, using out-of-home funds, for a child who is adopted from the custody of the
71     division.
72          (6) (a) As used in this Subsection (6), "vendor services" means services that a person
73     provides under contract with the division.
74          (b) If a parent or guardian of a child who is adopted from the custody of the division
75     requests vendor services from the division, the division shall refer the parent or guardian to a
76     provider of vendor services, at the parent's or guardian's expense, if:
77          (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from
78     the division; or
79          (B) the division does not have sufficient funds to provide the services to the parent,
80     guardian, or child;
81          (ii) the parent, guardian, or child does not have insurance or other funds available to
82     receive the services without the referral; and
83          (iii) the parent or guardian desires the referral.
84          (c) If the division awards, extends, or renews a contract with a vendor for vendor
85     services, the division shall include in the contract a requirement that a vendor to whom the
86     division makes a referral under Subsection (6)(b):
87          (i) provide services to the parent, guardian, or child at a rate that does not exceed the

88     rate that the vendor charges the division for the services; and
89          (ii) may not charge the parent, guardian, or child any fee that the vendor does not
90     charge the division.
91          Section 2. Section 62A-4a-903 is amended to read:
92          62A-4a-903. Eligibility.
93          (1) The Division of Child and Family Services shall establish, by rule, eligibility
94     criteria for the receipt of adoption assistance and supplemental adoption assistance.
95          (2) Eligibility determination shall be based upon:
96          (a) the needs of the child;
97          (b) the resources available to the child; and
98          (c) the federal requirements of Section 473, Social Security Act.
99          (3) The division:
100          (a) may, to the extent funds are available, use state funds appropriated for adoption
101     assistance to provide post-adoption services to a child who is adopted from the custody of the
102     division; and
103          (b) unless a parent or guardian of a child who is adopted from the custody of the
104     division expressly requests otherwise, may not require, request, or recommend that a parent
105     terminate parental rights, or that a parent or guardian transfer or surrender custodial rights, in
106     order to receive postadoption services for the child, regardless of whether funds for the
107     postadoption services come from funds appropriated for adoption assistance or postadoption
108     services.