Representative Timothy D. Hawkes proposes the following substitute bill:


1     
WORKFORCE SERVICES REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: Timothy D. Hawkes

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Utah Workforce Services Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the names of divisions within the Department of Workforce Services;
14          ▸     creates the State Workforce Development Board and describes its membership and
15     duties;
16          ▸     makes the Department of Workforce Services' Code consistent with the federal
17     Workforce Innovation and Opportunity Act;
18          ▸     modifies background check provisions for certain child care providers;
19          ▸     modifies the membership of the Utah Intergenerational Welfare Reform
20     Commission; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          35A-1-104, as last amended by Laws of Utah 2008, Chapter 382
29          35A-1-202, as last amended by Laws of Utah 2012, Chapter 212
30          35A-1-206, as last amended by Laws of Utah 2014, Chapters 371 and 387
31          35A-1-207, as last amended by Laws of Utah 2011, Chapter 188
32          35A-2-101, as last amended by Laws of Utah 2011, Chapter 188
33          35A-2-102, as last amended by Laws of Utah 2011, Chapter 188
34          35A-2-201, as last amended by Laws of Utah 2011, Chapter 188
35          35A-3-102, as last amended by Laws of Utah 2015, Chapter 221
36          35A-3-103, as last amended by Laws of Utah 2015, Chapter 221
37          35A-3-310.5, as last amended by Laws of Utah 2015, Chapter 221
38          35A-4-312, as last amended by Laws of Utah 2015, Chapter 143
39          35A-5-102, as last amended by Laws of Utah 2008, Chapter 382
40          35A-5-202, as last amended by Laws of Utah 2012, Chapter 347
41          35A-9-301, as enacted by Laws of Utah 2013, Chapter 59
42          35A-9-302, as enacted by Laws of Utah 2013, Chapter 59
43          35A-11-203, as enacted by Laws of Utah 2014, Chapter 127
44          53B-12-101, as last amended by Laws of Utah 2008, Chapter 382
45          62A-1-111, as last amended by Laws of Utah 2014, Chapter 213
46          62A-4a-105, as last amended by Laws of Utah 2014, Chapters 140 and 265
47          62A-4a-709, as last amended by Laws of Utah 2005, Chapter 81
48     REPEALS:
49          35A-2-103, as last amended by Laws of Utah 2011, Chapter 188
50          35A-3-115, as last amended by Laws of Utah 2015, Chapter 221
51          35A-5-201, as renumbered and amended by Laws of Utah 1997, Chapter 375
52     

53     Be it enacted by the Legislature of the state of Utah:
54          Section 1. Section 35A-1-104 is amended to read:
55          35A-1-104. Department authority.
56          Within all other authority or responsibility granted to it by law, the department may:
57          (1) adopt rules when authorized by this title, in accordance with the procedures of Title
58     63G, Chapter 3, Utah Administrative Rulemaking Act;
59          (2) purchase, as authorized or required by law, services that the department is
60     responsible to provide for legally eligible persons;
61          (3) conduct adjudicative proceedings in accordance with the procedures of Title 63G,
62     Chapter 4, Administrative Procedures Act;
63          (4) establish eligibility standards for its programs, not inconsistent with state or federal
64     law or regulations;
65          (5) take necessary steps, including legal action, to recover money or the monetary value
66     of services provided to a recipient who is not eligible;
67          (6) administer oaths, certify to official acts, issue subpoenas to compel witnesses and
68     the production of books, accounts, documents, and other records necessary as evidence;
69          (7) acquire, manage, and dispose of any real or personal property needed or owned by
70     the department, not inconsistent with state law;
71          (8) receive gifts, grants, devises, and donations or their proceeds, crediting the program
72     designated by the donor, and using the gift, grant, devise, or donation for the purposes
73     requested by the donor, as long as the request conforms to state and federal policy;
74          (9) accept and employ volunteer labor or services;
75          (10) reimburse volunteers for necessary expenses, when the department considers that
76     reimbursement to be appropriate;
77          (11) carry out the responsibility assigned by the state workforce services plan
78     developed by the [State Council on Workforce Services] State Workforce Development Board;
79          (12) provide training and educational opportunities for its staff;
80          (13) examine and audit the expenditures of any public funds provided to a local
81     authority, agency, or organization that contracts with or receives funds from those authorities or
82     agencies;
83          (14) accept and administer grants from the federal government and from other sources,
84     public or private;
85          (15) employ and determine the compensation of clerical, legal, technical, investigative,
86     and other employees necessary to carry out its policymaking, regulatory, and enforcement
87     powers, rights, duties, and responsibilities under this title;
88          (16) establish and conduct free employment agencies, and bring together employers
89     seeking employees and working people seeking employment, and make known the
90     opportunities for employment in this state;
91          (17) collect, collate, and publish statistical and other information relating to employees,
92     employers, employments, and places of employment, and other statistics as it considers proper;
93          (18) encourage the expansion and use of apprenticeship programs meeting state or
94     federal standards for apprenticeship programs;
95          (19) develop processes to ensure that the department responds to the full range of
96     employee and employer clients; and
97          (20) carry out the responsibilities assigned to it by statute.
98          Section 2. Section 35A-1-202 is amended to read:
99          35A-1-202. Divisions -- Creation -- Duties -- Workforce Appeals Board, councils,
100     Child Care Advisory Committee, and economic service areas.
101          (1) There is created within the department the following divisions:
102          (a) the [Employment] Workforce Development Division to administer the development
103     and implementation of employment assistance programs [that are: (i) related to the operations
104     of the department; and (ii) consistent with federal and state law; (b) to administer those
105     services that are not delivered through the economic service areas: (i)];
106          (b) the Workforce [Development and Information] Research and Analysis Division;
107     [and]
108          [(ii)] (c) the Unemployment Insurance Division to administer Chapter 4, Employment
109     Security Act;
110          (d) the Eligibility Services Division to administer public assistance eligibility;
111          [(c)] (e) the Division of Adjudication to adjudicate claims or actions in accordance
112     with this title; and
113          [(d)] (f) the Housing and Community Development Division, [which is] described in
114     Sections 35A-8-201 and 35A-8-202.
115          (2) In addition to the divisions created under Subsection (1), within the department are
116     the following:
117          (a) the Workforce Appeals Board created in Section 35A-1-205;
118          (b) the State [Council on Workforce Services] Workforce Development Board created
119     in Section 35A-1-206;
120          (c) the Employment Advisory Council created in Section 35A-4-502;
121          (d) the Child Care Advisory Committee created in Section 35A-3-205; and
122          (e) the economic service areas created in accordance with Chapter 2, Economic Service
123     Areas.
124          Section 3. Section 35A-1-206 is amended to read:
125          35A-1-206. State Workforce Development Board -- Appointment -- Membership
126     -- Terms of members -- Compensation.
127          [(1) There is created a State Council on Workforce Services that shall:]
128          [(a) perform the activities described in Subsection (8);]
129          [(b) advise on issues requested by the department and the Legislature; and]
130          [(c) make recommendations to the department regarding:]
131          [(i) the implementation of Chapter 2, Economic Service Areas, Chapter 3,
132     Employment Support Act, and Chapter 5, Training and Workforce Improvement Act; and]
133          [(ii) the coordination of apprenticeship training.]
134          [(2) (a) The council shall consist of the following voting members:]
135          [(i) a private sector representative from each economic service area as designated by
136     the economic service area director;]
137          [(ii) the superintendent of public instruction or the superintendent's designee;]
138          [(iii) the commissioner of higher education or the commissioner's designee; and]
139          [(iv) the following members appointed by the governor in consultation with the
140     executive director:]
141          [(A) four representatives of small employers as defined by rule by the department;]
142          [(B) four representatives of large employers as defined by rule by the department;]
143          [(C) four representatives of employees or employee organizations, including at least
144     one representative from nominees suggested by public employees organizations;]
145          [(D) two representatives of the clients served under this title including
146     community-based organizations;]
147          [(E) a representative of veterans in the state;]
148          [(F) the executive director of the Utah State Office of Rehabilitation; and]
149          [(G) the Applied Technology College president.]
150          [(b) The following shall serve as nonvoting ex officio members of the council:]
151          [(i) the executive director or the executive director's designee;]
152          [(ii) a legislator appointed by the governor from nominations of the speaker of the
153     House of Representatives and president of the Senate;]
154          [(iii) the executive director of the Department of Human Services;]
155          [(iv) the director of the Governor's Office of Economic Development or the director's
156     designee; and]
157          [(v) the executive director of the Department of Health.]
158          (1) There is created within the department the State Workforce Development Board in
159     accordance with the provisions of the Workforce Innovation and Opportunity Act, 29 U.S.C.
160     Sec. 3101 et seq.
161          (2) The board shall consist of the following 39 members:
162          (a) the governor or the governor's designee;
163          (b) one member of the Senate, appointed by the president of the Senate;
164          (c) one representative of the House of Representatives, appointed by the speaker of the
165     House of Representatives;
166          (d) the executive director or the executive director's designee;
167          (e) the executive director of the Department of Human Services or the executive
168     director's designee;
169          (f) the executive director of the Utah State Office of Rehabilitation or the executive
170     director's designee;
171          (g) the superintendent of the State Board of Education or the superintendent's designee;
172          (h) the commissioner of higher education or the commissioner's designee;
173          (i) the president of the Utah College of Applied Technology or the president's designee;
174          (j) the executive director of the Governor's Office of Economic Development or the
175     executive director's designee;
176          (k) the executive director of the Department of Veterans' and Military Affairs or the
177     executive director's designee; and
178          (l) the following members appointed by the governor:
179          (i) 20 representatives of business in the state, selected among the following:
180          (A) owners of businesses, chief executive or operating officers of businesses, or other
181     business executives or employers with policy making or hiring authority;
182          (B) representatives of businesses, including small businesses, that provide employment
183     opportunities that include high-quality, work-relevant training and development in in-demand
184     industry sectors or occupations in the state; and
185          (C) representatives of businesses appointed from among individuals nominated by state
186     business organizations or business trade associations;
187          (ii) six representatives of the workforce within the state, which:
188          (A) shall include at least two representatives of labor organizations who have been
189     nominated by state labor federations;
190          (B) shall include at least one representative from a registered apprentice program;
191          (C) may include one or more representatives from a community-based organization
192     that has demonstrated experience and expertise in addressing the employment, training, or
193     educational needs of individuals with barriers to employment; and
194          (D) may include one or more representatives from an organization that has
195     demonstrated experience and expertise in addressing the employment, training, or education
196     needs of eligible youth, including organizations that serve out of school youth; and
197          (iii) two elected officials that represent a city or a county.
198          (3) (a) The governor shall appoint [one nongovernmental member from the council as
199     the chair of the council] one of the appointed business representatives as chair of the board.
200          (b) The chair shall serve at the pleasure of the governor.
201          (4) (a) The governor shall ensure that members appointed to the board represent
202     diverse geographic areas of the state, including urban, suburban, and rural areas.
203          [(a)] (b) A member appointed by the governor shall serve a term of four years and may
204     be reappointed to one additional term.
205          [(b)] (c) A member shall continue to serve until the member's successor has been
206     appointed and qualified.
207          [(c)] (d) Except as provided in Subsection (4)[(d)] (e), as terms of [council] board
208     members expire, the governor shall appoint each new member or reappointed member to a
209     four-year term.
210          [(d)] (e) Notwithstanding the requirements of Subsection (4)[(c)] (d), the governor
211     shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the
212     terms of [council] board members are staggered so that approximately one half of the [council]
213     board is appointed every two years.
214          [(e)] (f) When a vacancy occurs in the membership for any reason, the replacement
215     shall be appointed for the unexpired term.
216          (g) The executive director shall terminate the term of any governor-appointed member
217     of the board if the member leaves the position that qualified the member for the appointment.
218          (5) A majority of [the voting] members constitutes a quorum for the transaction of
219     business.
220          (6) (a) A member of the board who is not a legislator may not receive compensation or
221     benefits for the member's service, but may receive per diem and travel expenses as allowed in:
222          (i) Section 63A-3-106;
223          (ii) Section 63A-3-107; and
224          (iii) rules made by the Division of Finance according to Sections 63A-3-106 and
225     63A-3-107.
226          (b) Compensation and expenses of a member who is a legislator are governed by
227     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
228          (7) The department shall provide staff and administrative support to the [council] board
229     at the direction of the executive director.
230          [(8) The council shall:]
231          [(a) develop a state workforce services plan in accordance with Section 35A-1-207;]
232          [(b) review economic service area plans to certify consistency with state policy
233     guidelines;]
234          [(c) improve the understanding and visibility of state workforce services efforts
235     through external and internal marketing strategies;]
236          [(d) include in the annual written report described in Section 35A-1-109, information
237     and accomplishments related to the activities of the department;]
238          [(e) issue other studies, reports, or documents the council considers advisable that are
239     not required under Subsection (8)(d);]
240          [(f) coordinate the planning and delivery of workforce development services with
241     public education, higher education, vocational rehabilitation, and human services; and]
242          (8) The board has the duties, responsibilities, and powers described in 29 U.S.C. Sec.
243     3111, including:
244          (a) identifying opportunities to align initiatives in education, training, workforce
245     development, and economic development;
246          (b) developing and implementing the state workforce services plan described in
247     Section 35A-1-207;
248          (c) utilizing strategic partners to ensure the needs of industry are met, including the
249     development of expanded strategies for partnerships for in-demand occupations and
250     understanding and adapting to economic changes;
251          (d) developing strategies for staff training;
252          (e) developing and improving employment centers; and
253          [(g) perform] (f) performing other responsibilities within the scope of workforce
254     services as requested by:
255          (i) the Legislature;
256          (ii) the governor; or
257          (iii) the executive director.
258          Section 4. Section 35A-1-207 is amended to read:
259          35A-1-207. State workforce services plan -- Economic service area plans.
260          [(1)] The State [Council on Workforce Services] Workforce Development Board shall
261     annually [develop] maintain and update a state workforce services plan that [shall include]
262     includes:
263          (1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core
264     programs:
265          (a) youth services;
266          (b) adult employment and training services;
267          (c) dislocated worker employment and training services;
268          (d) adult education and literacy activities;
269          (e) employment services; and
270          (f) vocational rehabilitation services;
271          (2) a strategy for aligning and coordinating the core programs;
272          (3) a strategy for coordinating the workforce needs of job seekers and employers in the
273     various regions of the state;
274          (4) planning to ensure that employment centers address the requirements of the special
275     employment needs population, including:
276          (a) individuals who have special employment needs based on factors such as race,
277     gender, age, disability, economic status, education, language skills, or work history; and
278          (b) an "individual with a barrier to employment" as that term is defined in 29 U.S.C.
279     Sec. 3102;
280          [(a)] (5) a mechanism for getting consumer and public feedback on department
281     programs [in each economic service area];
282          [(b)] (6) projected analysis of the workforce needs of employers and clients;
283          [(c) policy standards in programs and process when required by statute or considered
284     necessary by the council that ensure statewide program consistency among economic service
285     areas;]
286          [(d)] (7) state outcome-based standards for measuring program performance to ensure
287     equitable service to all clients;
288          [(e) state oversight systems to review economic service area compliance with state
289     policies;]
290          [(f) elements of economic service area plans that relate to statewide initiatives and
291     programs;]
292          [(g)] (8) strategies to ensure program responsiveness, universal access, and unified case
293     management;
294          [(h)] (9) strategies to eliminate unnecessary barriers to access services; and
295          [(i)] (10) strategies to provide assistance to employees facing employment dislocation
296     and their employers.
297          [(2) (a) Economic service area directors shall annually develop an economic service
298     area plan to be followed in administering services.]
299          [(b) The plan shall include:]
300          [(i) a projected analysis of the economic service area workforce needs of employers
301     and clients;]
302          [(ii) assurances that state policy standards will be incorporated into the economic
303     service area design;]
304          [(iii) an economic service area budget outlining administration and customer support
305     and services expenditures;]
306          [(iv) the location of employment centers and staff levels to deliver services;]
307          [(v) the services to be provided including assessment and support services, job training
308     options, job placement, and employer outreach;]
309          [(vi) identification of targeted occupations for which training will be approved;]
310          [(vii) economic service area outcome-based performance standards that ensure
311     equitable services to all clients;]
312          [(viii) economic service area oversight processes that include a process to evaluate
313     program effectiveness and develop plans to improve programs;]
314          [(ix) internal and external marketing strategies to improve the understanding and
315     visibility of economic service area efforts;]
316          [(x) coordination of apprenticeship training; and]
317          [(xi) strategies to provide assistance to employees facing employment dislocation and
318     their employers.]
319          Section 5. Section 35A-2-101 is amended to read:
320          35A-2-101. Economic service areas -- Creation.
321          (1) (a) The executive director shall establish economic service areas to furnish the
322     services described in Section 35A-2-201.
323          (b) In establishing economic service areas, the executive director shall seek input
324     from[:]
325          [(i) state and local government agencies and departments;]
326          [(ii) the groups representing public employees;]
327          [(iii) employers, business, education, and other entities affected by the structure of the
328     economic service areas; and]
329          [(iv) the general public] the State Workforce Development Board.
330          (2) In establishing the economic service areas, the executive director [shall] may
331     consider:
332          (a) areas comprised of multiple counties;
333          (b) the alignment of transportation and other infrastructure or services;
334          (c) the interdependence of the economy within a geographic area;
335          (d) the ability to develop regional marketing and economic development programs;
336          (e) the labor market areas;
337          (f) the population of the area, as established in the most recent estimate by the Utah
338     Population Estimates Committee;
339          (g) the number of individuals in the previous year receiving:
340          (i) services under Chapter 3, Employment Support Act; and
341          (ii) benefits under Chapter 4, Employment Security Act; and
342          (h) other factors that relate to the management of the programs administered or that
343     relate to the delivery of services provided under this title.
344          Section 6. Section 35A-2-102 is amended to read:
345          35A-2-102. Directors of economic service areas -- Appointment.
346          (1) [The chief officer of each economic service area shall be a director, who serves as
347     the executive and administrative head of the economic service area] The executive director
348     shall appoint a director to oversee each economic service area.
349          (2) A director[: (a) shall be appointed by the executive director; and (b)] appointed
350     under this section may be removed from that position at the will of the executive director.
351          (3) [An economic service] A director shall be experienced in administration and
352     possess additional qualifications as determined by the executive director, and as provided by
353     law.
354          (4) The director shall report on a regular basis to the [State Council on Workforce
355     Services] State Workforce Development Board on the delivery of services in the economic
356     service area.
357          Section 7. Section 35A-2-201 is amended to read:
358          35A-2-201. Services provided in economic service areas.
359          [(1)] Economic service areas shall:
360          [(a)] (1) through their employment centers, be the primary provider of services and
361     support under Chapter 3, Employment Support Act; and
362          [(b) broker or contract] (2) provide access to and assess eligibility for services or
363     training under Chapter 5, Training and Workforce Improvement Act[; and].
364          [(c) serve as economic service area clearinghouses of information concerning
365     workforce development and services and support available under this title.]
366          [(2) (a) In providing, brokering, or contracting for the services or training described in
367     Subsection (1)(b), the economic service area director, in consultation with the executive
368     director, shall ensure that the economic service area provides, brokers, or contracts for services
369     and training that meet the needs of the special needs population in the economic service area.]
370          [(b) For purposes of Subsection (2)(a), "special needs population" means individuals
371     who have special employment needs based on factors including race, gender, age, disability,
372     economic status, education, language skills, and work history.]
373          Section 8. Section 35A-3-102 is amended to read:
374          35A-3-102. Definitions.
375          As used in this chapter:
376          (1) "Adjudicative proceeding" has the same meaning as defined in Section 63G-4-103.
377          (2) "Administrative order" means an order issued by the department that addresses an
378     overpayment of public assistance.
379          (3) "Applicant" means a person who requests assistance under this chapter.
380          (4) "Assignment of support" means the transfer to the state of a recipient's right to
381     receive support from another person that accrues during the period the recipient receives public
382     assistance, including a right to receive support on behalf of any family member for whom the
383     recipient is applying for or receiving assistance.
384          (5) "Average monthly number of families" means the average number of families who
385     received cash assistance on a monthly basis during the previous federal fiscal year.
386          (6) "Cash assistance" means the monthly dollar amount a recipient is eligible to receive
387     under the Family Employment Program under Section 35A-3-302.
388          (7) "Child care services" means care of a child by a responsible person who is not the
389     child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified
390     setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3,
391     Utah Administrative Rulemaking Act.
392          (8) (a) "Civic organization" means an organization that provides services to its
393     community.
394          (b) "Civic organization" includes a community service club or organization, a
395     charitable health care or service organization, a fraternal organization, a labor union, a minority
396     or ethnic organization, a commercial or industrial organization, a commerce or business club, a
397     private nonprofit organization, a private nonprofit corporation that provides funding to a
398     community service organization, an organization that advocates or provides for the needs of
399     persons with low incomes, a religious organization, and an organization that fosters strong
400     neighborhoods and communities.
401          (9) "Core programs" means the following activities as described in 29 U.S.C. Sec.
402     3102:
403          (a) youth services;
404          (b) adult employment and training services;
405          (c) dislocated worker employment and training services;
406          (d) adult education and literacy activities;
407          (e) employment services; and
408          (f) vocational rehabilitation services.
409          [(9)] (10) "Court order" means a judgment or order of a court of this state, another
410     state, or the federal government that addresses an overpayment of public assistance.
411          [(10)] (11) "Date of enrollment" means the date on which the applicant was approved
412     as eligible for cash assistance.
413          [(11)] (12) "Director" means the director of the division assigned by the department to
414     administer a program.
415          [(12)] (13) "Diversion" or "diversion payment" means a one-time cash assistance
416     payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does
417     not require extended cash assistance under Part 3, Family Employment Program.
418          [(13)] (14) "Education or training" means education or training in accordance with 29
419     U.S.C. Sec. 3174 and includes:
420          (a) basic remedial education;
421          (b) adult education;
422          (c) high school education;
423          (d) education to obtain the equivalent of a high school diploma;
424          (e) education to learn English as a second language;
425          (f) applied technology training;
426          (g) employment or occupational skills training; [or]
427          (h) on-the-job training[.];
428          (i) incumbent worker training;
429          (j) programs that combine workplace training with related instruction, which may
430     include cooperative education programs;
431          (k) training programs operated by the private sector;
432          (l) skills upgrading and retraining;
433          (m) entrepreneurial training; or
434          (n) customized training conducted with a commitment by an employer to employ an
435     individual upon successful completion of the training.
436          [(14)] (15) "Full-time education or training" means training on a full-time basis as
437     defined by the educational institution attended by the parent recipient.
438          [(15)] (16) "General assistance" means financial assistance provided to a person under
439     Part 4, General Assistance.
440          [(16)] (17) "Notice of agency action" means the notice required to commence an
441     adjudicative proceeding as described in Section 63G-4-201.
442          [(17)] (18) "Obligor" means an individual:
443          (a) who is liable to the state under Section 35A-3-603 and applicable federal statutes
444     and regulations; or
445          (b) against whom an administrative or judicial order determining overpayment has
446     been obtained.
447          [(18)] (19) (a) "Overpayment" means money, public assistance, or another item of
448     value provided under a state or federally funded benefit program to a person that is not entitled
449     to receive it or is not entitled to receive it at the level provided.
450          (b) "Overpayment" includes money paid to a provider under this title in connection
451     with public assistance or another publicly funded assistance program to the extent that the
452     provider receives payment:
453          (i) for goods or services not provided; or
454          (ii) in excess of the amount to which the provider is entitled.
455          [(19)] (20) "Parent recipient" means a person who enters into an employment plan with
456     the department to qualify for cash assistance under Part 3, Family Employment Program.
457          [(20)] (21) "Performance goals" means a target level of performance that will be
458     compared to actual performance.
459          [(21)] (22) "Performance indicators" means actual performance information regarding
460     a program or activity.
461          [(22)] (23) "Performance monitoring system" means a process to regularly collect and
462     analyze performance information, including performance indicators and performance goals.
463          [(23)] (24) "Plan" or "state plan" means the state plan submitted to the Secretary of the
464     United States Department of Health and Human Services to receive funding from the United
465     States through the Temporary Assistance for Needy Families Block Grant in accordance with
466     42 U.S.C. Sec. 602.
467          [(24)] (25) "Recipient" means a person who is qualified to receive, is receiving, or has
468     received assistance under this chapter.
469          [(25)] (26) "Single minor parent" means a person under 18 years of age who is not
470     married and has a minor child in the person's care and custody.
471          [(26)] (27) "Transitional cash assistance" means assistance provided to a recipient to
472     stabilize employment and reduce the future use of cash assistance provided under Part 3,
473     Family Employment Program.
474          Section 9. Section 35A-3-103 is amended to read:
475          35A-3-103. Department responsibilities.
476          The department shall:
477          (1) administer public assistance programs assigned by the Legislature and the
478     governor;
479          (2) determine eligibility for public assistance programs in accordance with the
480     requirements of this chapter;
481          (3) cooperate with the federal government in the administration of public assistance
482     programs;
483          (4) administer state employment services [in accordance with Section 35A-3-115];
484          (5) provide for the compilation of necessary or desirable information, statistics, and
485     reports;
486          (6) perform other duties and functions required by law;
487          (7) monitor the application of eligibility policy;
488          (8) develop personnel training programs for effective and efficient operation of the
489     programs administered by the department;
490          (9) provide refugee resettlement services in accordance with Section [35A-3-116]
491     35A-3-701;
492          (10) provide child care assistance for children in accordance with Part 2, Office of
493     Child Care; and
494          (11) provide services that enable an applicant or recipient to qualify for affordable
495     housing in cooperation with:
496          (a) the Utah Housing Corporation;
497          (b) the Housing and Community Development Division; and
498          (c) local housing authorities.
499          Section 10. Section 35A-3-310.5 is amended to read:
500          35A-3-310.5. Child care providers -- Criminal background checks -- Payment of
501     costs -- Prohibitions -- Department rules.
502          (1) This section applies to a child care provider who:
503          (a) (i) is selected by a recipient of a child care assistance payment; or
504          (ii) is a recipient of a child care assistance payment;
505          (b) is not required to undergo a criminal background check with the Department of
506     Health, Bureau of Child Care Licensing;
507          (c) is not a license exempt child care center or program; and
508          (d) is an eligible child care provider in accordance with department rules made in
509     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
510          (2) (a) A child care provider identified under Subsection (1) shall submit to the
511     department the name and other identifying information, including a set of fingerprints, of:
512          (i) existing, new, and proposed individuals who provide or may provide child care; and
513          (ii) individuals who are at least 18 years of age and reside in the premises where the
514     child care is provided.
515          [(b) The department may waive the fingerprint requirement under Subsection (2)(a) for
516     an individual who has:]
517          [(i) resided in Utah for five years prior to the required submission; or]
518          [(ii) (A) previously submitted a set of fingerprints under this section for a national
519     criminal history record check; and]
520          [(B) resided in Utah continuously since submitting the fingerprints.]
521          [(c)] (b) The Criminal Investigation and Technical Services Division created within the
522     Department of Public Safety under Section 53-10-103 shall:
523          (i) process and conduct background checks on all individuals as requested by the
524     department; and
525          (ii) submit required fingerprints to the U.S. Federal Bureau of Investigation for a
526     national criminal history background check of the individual.
527          [(d) If the department waives the fingerprint requirement under Subsection (2)(b), the
528     Criminal Investigation and Technical Services Division may allow the department or its
529     representative access to the Criminal Investigation and Technical Services Division's database
530     to determine whether the individual has been convicted of a crime.]
531          [(e)] (c) The child care provider shall pay the cost of the history background check
532     provided under Subsection (2)[(c)](b).
533          (3) (a) A child care provider identified under Subsection (1) shall submit to the
534     department the name and other identifying information of an individual, age 12 through 17,
535     who resides in the premises where the child care is provided.
536          (b) The department or its representative shall access juvenile court records to determine
537     whether an individual described in Subsection (2) or (3)(a) has been adjudicated in juvenile
538     court of committing an act which, if committed by an adult, would be a felony or misdemeanor
539     if:
540          (i) the individual described in Subsection (2) is under the age of 28; or
541          (ii) the individual described in Subsection (2):
542          (A) is age 28 or older; and
543          (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
544     abeyance or diversion agreement for a felony or misdemeanor.
545          (4) Except as provided in Subsection (5), a child care provider under this section may
546     not permit an individual described under Subsection (3)(b) to:
547          (a) provide subsidized child care; or
548          (b) reside at the premises where subsidized child care is provided.
549          (5) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
550     Administrative Rulemaking Act, to exempt the following from the restrictions of Subsection
551     (4):
552          (i) a specific misdemeanor;
553          (ii) a specific act adjudicated in juvenile court, which if committed by an adult would
554     be a misdemeanor; and
555          (iii) background checks of individuals other than the provider who are residing at the
556     premises where subsidized child care is provided if that child care is provided in the child's
557     home.
558          (b) In accordance with criteria established by department rules made in accordance
559     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the executive director or the
560     director's designee may consider and exempt individual cases, not otherwise exempt under
561     Subsection (5)(a), from the restrictions of Subsection (4).
562          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
563     department shall make rules to determine:
564          (a) whether a child care subsidy payment should be made prior to the completion of a
565     background check, particularly in the case of a delay in making or completing the background
566     check; and
567          (b) if, and how often, a child care provider shall resubmit the information required
568     under Subsections (2) and (3).
569          Section 11. Section 35A-4-312 is amended to read:
570          35A-4-312. Records.
571          (1) (a) An employing unit shall keep true and accurate work records containing
572     information the department may prescribe by rule.
573          (b) A record shall be open to inspection and subject to being copied by the division or
574     its authorized representatives at a reasonable time and as often as necessary.
575          (c) An employing unit shall make a record available in the state for three years after the
576     calendar year in which the services are rendered.
577          (2) The division may require from an employing unit a sworn or unsworn report with
578     respect to a person employed by the employing unit that the division considers necessary for
579     the effective administration of this chapter.
580          (3) Except as provided in this section or in Sections 35A-4-103 and 35A-4-106,
581     information obtained under this chapter or obtained from an individual may not be published or
582     open to public inspection in a manner revealing the employing unit's or individual's identity.
583          (4) (a) The information obtained by the division under this section may not be used in
584     court or admitted into evidence in an action or proceeding, except:
585          (i) in an action or proceeding arising out of this chapter;
586          (ii) if the Labor Commission enters into a written agreement with the division under
587     Subsection (6)(b), in an action or proceeding by the Labor Commission to enforce:
588          (A) Title 34, Chapter 23, Employment of Minors;
589          (B) Title 34, Chapter 28, Payment of Wages;
590          (C) Title 34, Chapter 40, Utah Minimum Wage Act; or
591          (D) Title 34A, Utah Labor Code;
592          (iii) under the terms of a court order obtained under Subsection 63G-2-202(7) and
593     Section 63G-2-207; or
594          (iv) under the terms of a written agreement between the Office of State Debt Collection
595     and the division as provided in Subsection (5).
596          (b) The information obtained by the division under this section shall be disclosed to:
597          (i) a party to an unemployment insurance hearing before an administrative law judge of
598     the department or a review by the Workforce Appeals Board to the extent necessary for the
599     proper presentation of the party's case; or
600          (ii) an employer, upon request in writing for information concerning a claim for a
601     benefit with respect to a former employee of the employer.
602          (5) The information obtained by the division under this section may be disclosed to:
603          (a) an employee of the department in the performance of the employee's duties in
604     administering this chapter or other programs of the department;
605          (b) an employee of the Labor Commission for the purpose of carrying out the programs
606     administered by the Labor Commission;
607          (c) an employee of the Department of Commerce for the purpose of carrying out the
608     programs administered by the Department of Commerce;
609          (d) an employee of the governor's office or another state governmental agency
610     administratively responsible for statewide economic development, to the extent necessary for
611     economic development policy analysis and formulation;
612          (e) an employee of another governmental agency that is specifically identified and
613     authorized by federal or state law to receive the information for the purposes stated in the law
614     authorizing the employee of the agency to receive the information;
615          (f) an employee of a governmental agency or workers' compensation insurer to the
616     extent the information will aid in:
617          (i) the detection or avoidance of duplicate, inconsistent, or fraudulent claims against:
618          (A) a workers' compensation program; or
619          (B) public assistance funds; or
620          (ii) the recovery of overpayments of workers' compensation or public assistance funds;
621          (g) an employee of a law enforcement agency to the extent the disclosure is necessary
622     to avoid a significant risk to public safety or in aid of a felony criminal investigation;
623          (h) an employee of the State Tax Commission or the Internal Revenue Service for the
624     purposes of:
625          (i) audit verification or simplification;
626          (ii) state or federal tax compliance;
627          (iii) verification of a code or classification of the:
628          (A) 1987 Standard Industrial Classification Manual of the federal Executive Office of
629     the President, Office of Management and Budget; or
630          (B) 2002 North American Industry Classification System of the federal Executive
631     Office of the President, Office of Management and Budget; and
632          (iv) statistics;
633          (i) an employee or contractor of the department or an educational institution, or other
634     governmental entity engaged in workforce investment and development activities under the
635     [Workforce Investment Act of 1998] Workforce Innovation and Opportunity Act, 29 U.S.C.
636     Sec. 3101 et seq., for the purpose of:
637          (i) coordinating services with the department;
638          (ii) evaluating the effectiveness of those activities; and
639          (iii) measuring performance;
640          (j) an employee of the Governor's Office of Economic Development, for the purpose of
641     periodically publishing in the Directory of Business and Industry, the name, address, telephone
642     number, number of employees by range, code or classification of an employer, and type of
643     ownership of Utah employers;
644          (k) the public for any purpose following a written waiver by all interested parties of
645     their rights to nondisclosure;
646          (l) an individual whose wage data is submitted to the department by an employer, if no
647     information other than the individual's wage data and the identity of the employer who
648     submitted the information is provided to the individual;
649          (m) an employee of the Insurance Department for the purpose of administering Title
650     31A, Chapter 40, Professional Employer Organization Licensing Act;
651          (n) an employee of the Office of State Debt Collection for the purpose of collecting
652     state accounts receivable as provided in Section 63A-3-502;
653          (o) a creditor, under a court order, to collect on a judgment as provided in Section
654     35A-4-314; or
655          (p) an employee of the Wage and Hour Division of the United States Department of
656     Labor for the purpose of carrying out the programs administered by the Wage and Hour
657     Division as permitted under 20 C.F.R. 603.5(e), if the information is subject to the payment of
658     costs described in 20 C.F.R. 603.8(d) and:
659          (i) is limited to:
660          (A) the name and identifying information of an employer found by the department to
661     have misclassified one or more workers under Subsection 35A-4-204(3);
662          (B) the total number of misclassified workers for that employer; and
663          (C) the aggregate amount of misclassified wages for that employer;
664          (ii) an employer is given the opportunity to cure a misclassification of one or more
665     workers, in a manner established by division rule in accordance with Title 63G, Chapter 3,
666     Utah Administrative Rulemaking Act, before the information is disclosed as described in this
667     Subsection (5)(p); and
668          (iii) an annual report regarding the benefit to the state from disclosure of information
669     under this Subsection (5)(p) is provided to the department for inclusion in the department's
670     annual report described in Section 35A-1-109.
671          (6) Disclosure of private information under Subsection (4)(a)(ii) or Subsection (5),
672     with the exception of Subsections (5)(a), (g), and (o), may be made if:
673          (a) the division determines that the disclosure will not have a negative effect on:
674          (i) the willingness of employers to report wage and employment information; or
675          (ii) the willingness of individuals to file claims for unemployment benefits; and
676          (b) the agency enters into a written agreement with the division in accordance with
677     rules made by the department.
678          (7) (a) The employees of a division of the department other than the Workforce
679     [Development and Information] Research and Analysis Division and the Unemployment
680     Insurance Division or an agency receiving private information from the division under this
681     chapter are subject to the same requirements of privacy and confidentiality and to the same
682     penalties for misuse or improper disclosure of the information as employees of the division.
683          (b) Use of private information obtained from the department by a person or for a
684     purpose other than one authorized in Subsection (4) or (5) violates Subsection 76-8-1301(4).
685          Section 12. Section 35A-5-102 is amended to read:
686          35A-5-102. Federal grants for retraining.
687          (1) By following the procedures and requirements of Title 63J, Chapter 5, Federal
688     Funds Procedures Act, the state, through the [Employment Development Division] department,
689     may and is encouraged to apply for retraining, community assistance, or technology transfer
690     funds available through:
691          (a) the United States Department of Defense;
692          (b) United States Department of Labor; or
693          (c) other appropriate federal offices or departments.
694          (2) In applying for federal funds, the state, through [its Employment Development
695     Division or other appropriate office] the department, may inform the federal government of
696     state matching or enhancement funds if those funds are available under Section 67-1-12.
697          Section 13. Section 35A-5-202 is amended to read:
698          35A-5-202. Contracts with providers.
699          (1) In compliance with Title 63G, Chapter 6a, Utah Procurement Code, the department
700     shall enter into a contract with one or more qualified providers to implement the [workforce
701     improvement plan created under] state workforce services plan described in Section
702     [35A-5-201] 35A-1-207.
703          (2) A contract entered into under this section [shall be]:
704          (a) shall be performance based; and
705          (b) may be structured so that the provider receives reimbursement based on:
706          (i) job development;
707          (ii) participant placement in jobs;
708          (iii) wages and benefits provided; and
709          (iv) participant retention in jobs over at least a 12-month period.
710          (3) If the department determines through the procurement process that there are no
711     qualified providers to implement the [workforce improvement plan] state workforce services
712     plan, the department may implement the plan.
713          Section 14. Section 35A-9-301 is amended to read:
714          35A-9-301. Creation of the Utah Intergenerational Welfare Reform Commission.
715          There is created the Utah Intergenerational Welfare Reform Commission composed of:
716          [(1)] the following [five voting] seven members:
717          (1) the lieutenant governor;
718          [(a)] (2) the executive director of the Department of Workforce Services or the deputy
719     director if designated by the executive director;
720          [(b)] (3) the executive director of the Department of Health or the deputy director if
721     designated by the executive director;
722          [(c)] (4) the executive director of the Department of Human Services or the deputy
723     director if designated by the executive director;
724          [(d)] (5) the state superintendent of public education or the deputy state superintendent
725     if designated by the superintendent; [and]
726          [(e)] (6) the state juvenile court administrator; and
727          [(2)] (7) the chair of the Intergenerational Poverty Advisory Committee created [by] in
728     Section 35A-9-304[, as a nonvoting member].
729          Section 15. Section 35A-9-302 is amended to read:
730          35A-9-302. Chair of commission -- Meetings -- Quorum -- Staff support.
731          (1) The lieutenant governor shall serve as chair of the commission.
732          [(1)] (2) The executive director of the Department of Workforce Services, or the
733     deputy director of the Department of Workforce Services if designated by the executive
734     director, shall serve as vice chair of the commission.
735          [(2)] (3) The chair:
736          (a) is responsible for the call and conduct of meetings;
737          (b) shall call and hold meetings of the commission at least quarterly; [and]
738          (c) shall call additional meetings upon request by a majority of the commission's
739     [voting] members[.]; and
740          (d) may delegate duties to the vice chair.
741          [(3)] (4) A majority of the [voting] members of the commission constitutes a quorum
742     of the commission at any meeting and the action of the majority of [voting] members present is
743     the action of the commission.
744          [(4)] (5) The Department of Workforce Services shall provide staff support to the
745     commission.
746          Section 16. Section 35A-11-203 is amended to read:
747          35A-11-203. Annual report.
748          (1) The commission shall annually prepare and publish a report directed to the:
749          (a) governor;
750          (b) Education Interim Committee;
751          (c) Economic Development and Workforce Services Interim Committee;
752          (d) Executive Appropriations Committee;
753          (e) Legislative Management Committee;
754          (f) Business, Economic Development, and Labor Appropriations Subcommittee; and
755          (g) State [Council on Workforce Services] Workforce Development Board.
756          (2) The report described in Subsection (1) shall:
757          (a) describe how the commission fulfilled its statutory purposes and duties during the
758     year; and
759          (b) contain recommendations on how the state should act to address issues relating to
760     women in the economy.
761          Section 17. Section 53B-12-101 is amended to read:
762          53B-12-101. Utah Higher Education Assistance Authority designated -- Powers.
763          The board is the Utah Higher Education Assistance Authority and, in this capacity, may
764     do the following:
765          (1) guarantee 100% of the principal of and interest on a loan to or for the benefit of a
766     person attending or accepted to attend an eligible postsecondary educational institution to assist
767     that person in meeting any educational expenses incurred in an academic year;
768          (2) take, hold, and administer real or personal property and money, including interest
769     and income, either absolutely or in trust, for any purpose under this chapter;
770          (3) acquire property for the purposes indicated in Subsection (2) by purchase or lease
771     and by the acceptance of gifts, grants, bequests, devises, or loans;
772          (4) enter into or contract with an eligible lending institution, or with a public or private
773     postsecondary educational institution to provide for the administration by the institution of any
774     loan or loan guarantee made by it, including application and repayment provisions;
775          (5) participate in federal programs guaranteeing, reinsuring, or otherwise supporting
776     loans to eligible borrowers for postsecondary educational purposes and agree to, and comply
777     with, the conditions and regulations applicable to those programs;
778          (6) adopt, amend, or repeal rules, in accordance with Title 63G, Chapter 3, Utah
779     Administrative Rulemaking Act, to govern the activities authorized by this chapter;
780          (7) receive state appropriations for the fund established under Section 53B-12-104 to
781     match deposits and to accept contributions received by it for this purpose;
782          (8) receive funds from the federal government to assist in implementing federally
783     supported programs administered under this chapter;
784          (9) engage, appoint, or contract for the services of officers, agents, employees, and
785     private consultants to render and perform professional and technical duties and provide
786     assistance and advice in carrying out the purposes of this chapter, to describe their duties, and
787     to fix the amount and source of their compensation; and
788          (10) receive employment information from the Workforce [Development and
789     Information] Research and Analysis Division in accordance with Section 35A-4-312 for the
790     purpose of collecting defaulted student loans made under this chapter. The information
791     obtained under this Subsection (10) shall be limited to the employer's name, address, and
792     telephone number for borrowers who have defaulted on a student loan held by the Utah Higher
793     Education Assistance Authority.
794          Section 18. Section 62A-1-111 is amended to read:
795          62A-1-111. Department authority.
796          The department may, in addition to all other authority and responsibility granted to it by
797     law:
798          (1) adopt rules, not inconsistent with law, as the department may consider necessary or
799     desirable for providing social services to the people of this state;
800          (2) establish and manage client trust accounts in the department's institutions and
801     community programs, at the request of the client or the client's legal guardian or representative,
802     or in accordance with federal law;
803          (3) purchase, as authorized or required by law, services that the department is
804     responsible to provide for legally eligible persons;
805          (4) conduct adjudicative proceedings for clients and providers in accordance with the
806     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
807          (5) establish eligibility standards for its programs, not inconsistent with state or federal
808     law or regulations;
809          (6) take necessary steps, including legal action, to recover money or the monetary value
810     of services provided to a recipient who was not eligible;
811          (7) set and collect fees for its services;
812          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
813     or limited by law;
814          (9) acquire, manage, and dispose of any real or personal property needed or owned by
815     the department, not inconsistent with state law;
816          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
817     the proceeds thereof, may be credited to the program designated by the donor, and may be used
818     for the purposes requested by the donor, as long as the request conforms to state and federal
819     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
820     under guidelines established by the state treasurer;
821          (11) accept and employ volunteer labor or services; the department is authorized to
822     reimburse volunteers for necessary expenses, when the department considers that
823     reimbursement to be appropriate;
824          (12) carry out the responsibility assigned in the workforce services plan by the State
825     [Council on Workforce Services] Workforce Development Board;
826          (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
827     coordination of services for the homeless;
828          (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
829     coordination of services for students with a disability;
830          (15) provide training and educational opportunities for its staff;
831          (16) collect child support payments and any other money due to the department;
832          (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
833     whose child lives out of the home in a department licensed or certified setting;
834          (18) establish policy and procedures, within appropriations authorized by the
835     Legislature, in cases where the department is given custody of a minor by the juvenile court
836     pursuant to Section 78A-6-117 or ordered to prepare an attainment plan for a minor found not
837     competent to proceed pursuant to Section 78A-6-1301; any policy and procedures shall
838     include:
839          (a) designation of interagency teams for each juvenile court district in the state;
840          (b) delineation of assessment criteria and procedures;
841          (c) minimum requirements, and timeframes, for the development and implementation
842     of a collaborative service plan for each minor placed in department custody; and
843          (d) provisions for submittal of the plan and periodic progress reports to the court;
844          (19) carry out the responsibilities assigned to it by statute;
845          (20) examine and audit the expenditures of any public funds provided to local
846     substance abuse authorities, local mental health authorities, local area agencies on aging, and
847     any person, agency, or organization that contracts with or receives funds from those authorities
848     or agencies. Those local authorities, area agencies, and any person or entity that contracts with
849     or receives funds from those authorities or area agencies, shall provide the department with any
850     information the department considers necessary. The department is further authorized to issue
851     directives resulting from any examination or audit to local authorities, area agencies, and
852     persons or entities that contract with or receive funds from those authorities with regard to any
853     public funds. If the department determines that it is necessary to withhold funds from a local
854     mental health authority or local substance abuse authority based on failure to comply with state
855     or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
856     services. For purposes of this Subsection (20) "public funds" means the same as that term is
857     defined in Section 62A-15-102;
858          (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
859     persons to provide intercountry adoption services; and
860          (22) within appropriations authorized by the Legislature, promote and develop a
861     system of care, as defined in Section 62A-1-104, within the department and with contractors
862     that provide services to the department or any of the department's divisions.
863          Section 19. Section 62A-4a-105 is amended to read:
864          62A-4a-105. Division responsibilities.
865          (1) The division shall:
866          (a) administer services to minors and families, including:
867          (i) child welfare services;
868          (ii) domestic violence services; and
869          (iii) all other responsibilities that the Legislature or the executive director may assign
870     to the division;
871          (b) provide the following services:
872          (i) financial and other assistance to an individual adopting a child with special needs
873     under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
874     child as a legal ward of the state;
875          (ii) non-custodial and in-home services, including:
876          (A) services designed to prevent family break-up; and
877          (B) family preservation services;
878          (iii) reunification services to families whose children are in substitute care in
879     accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
880          (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
881     or neglect of a child in that family;
882          (v) shelter care in accordance with the requirements of this chapter and Title 78A,
883     Chapter 6, Juvenile Court Act;
884          (vi) domestic violence services, in accordance with the requirements of federal law;
885          (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
886     and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
887     Part 3, Abuse, Neglect, and Dependency Proceedings;
888          (viii) substitute care for dependent, abused, neglected, and delinquent children;
889          (ix) programs and services for minors who have been placed in the custody of the
890     division for reasons other than abuse or neglect, under Section 62A-4a-250;
891          (x) services for minors who are victims of human trafficking or human smuggling as
892     described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
893     solicitation as defined in Section 76-10-1302; and
894          (xi) training for staff and providers involved in the administration and delivery of
895     services offered by the division in accordance with this chapter;
896          (c) establish standards for all:
897          (i) contract providers of out-of-home care for minors and families;
898          (ii) facilities that provide substitute care for dependent, abused, neglected, and
899     delinquent children placed in the custody of the division; and
900          (iii) direct or contract providers of domestic violence services described in Subsection
901     (1)(b)(vi);
902          (d) have authority to:
903          (i) contract with a private, nonprofit organization to recruit and train foster care
904     families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
905          (ii) approve facilities that meet the standards established under Subsection (1)(c) to
906     provide substitute care for dependent, abused, neglected, and delinquent children placed in the
907     custody of the division;
908          (e) cooperate with the federal government in the administration of child welfare and
909     domestic violence programs and other human service activities assigned by the department;
910          (f) in accordance with Subsection (2)(a), promote and enforce state and federal laws
911     enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
912     runaway children, and status offenders, in accordance with the requirements of this chapter,
913     unless administration is expressly vested in another division or department of the state;
914          (g) cooperate with the [Employment] Workforce Development Division in the
915     Department of Workforce Services in meeting the social and economic needs of an individual
916     who is eligible for public assistance;
917           (h) compile relevant information, statistics, and reports on child and family service
918     matters in the state;
919          (i) prepare and submit to the department, the governor, and the Legislature reports of
920     the operation and administration of the division in accordance with the requirements of
921     Sections 62A-4a-117 and 62A-4a-118;
922          (j) provide social studies and reports for the juvenile court in accordance with Section
923     78A-6-605;
924          (k) within appropriations from the Legislature, provide or contract for a variety of
925     domestic violence services and treatment methods;
926          (l) ensure regular, periodic publication, including electronic publication, regarding the
927     number of children in the custody of the division who:
928          (i) have a permanency goal of adoption; or
929          (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
930     and promote adoption of those children;
931          (m) subject to Subsection (2)(b), refer an individual receiving services from the
932     division to the local substance abuse authority or other private or public resource for a
933     court-ordered drug screening test; and
934          (n) perform other duties and functions required by law.
935          (2) (a) In carrying out the requirements of Subsection (1)(f), the division shall:
936          (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
937     with all public and private licensed child welfare agencies and institutions, to develop and
938     administer a broad range of services and support;
939          (ii) take the initiative in all matters involving the protection of abused or neglected
940     children, if adequate provisions have not been made or are not likely to be made; and
941          (iii) make expenditures necessary for the care and protection of the children described
942     in this Subsection (2)(a), within the division's budget.
943          (b) When an individual is referred to a local substance abuse authority or other private
944     or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
945     order the individual to pay all costs of the tests unless:
946          (i) the cost of the drug screening is specifically funded or provided for by other federal
947     or state programs;
948          (ii) the individual is a participant in a drug court; or
949          (iii) the court finds that the individual is impecunious.
950          (3) Except to the extent provided by rule, the division is not responsible for
951     investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
952          (4) The division may not require a parent who has a child in the custody of the division
953     to pay for some or all of the cost of any drug testing the parent is required to undergo.
954          Section 20. Section 62A-4a-709 is amended to read:
955          62A-4a-709. Medical assistance identification.
956          (1) As used in this section:
957          (a) "Adoption assistance" means financial support to adoptive parents provided under
958     the Adoption Assistance and Child Welfare Act of 1980, Titles IV (e) and XIX of the Social
959     Security Act.
960          (b) "Adoption assistance agreement" means a written agreement between the division
961     and adoptive parents or between any state and adoptive parents, providing for adoption
962     assistance.
963          (c) "Interstate compact" means an agreement executed by the division with any other
964     state, under the authority granted in Section 62A-4a-907.
965          (2) The [Employment] Workforce Development Division in the Department of
966     Workforce Services and the Division of Health Care Financing shall cooperate with the
967     division and comply with interstate compacts.
968          (3) A child who is a resident of this state and is the subject of an interstate compact is
969     entitled to receive medical assistance identification from the [Employment] Workforce
970     Development Division in the Department of Workforce Services and the Division of Health
971     Care Financing by filing a certified copy of his adoption assistance agreement with that office.
972     The adoptive parents shall annually provide that office with evidence, verifying that the
973     adoption assistance agreement is still effective.
974          (4) The [Employment] Workforce Development Division in the Department of
975     Workforce Services shall consider the holder of medical assistance identification received
976     under this section as it does any other holder of medical assistance identification received
977     under an adoption assistance agreement executed by the division.
978          (5) The submission of any claim for payment or reimbursement under this section that
979     is known to be false, misleading, or fraudulent is punishable as a third degree felony.
980          Section 21. Repealer.
981          This bill repeals:
982          Section 35A-2-103, Advisory groups -- Creation.
983          Section 35A-3-115, Public employment offices -- Agreements with other authorities
984     -- Federal system accepted -- Appropriation.
985          Section 35A-5-201, Workforce improvement plan.
986          Section 22. Effective date.
987          This bill takes effect on July 1, 2016.