This document includes House Committee Amendments incorporated into the bill on Fri, Feb 10, 2017 at 12:30 PM by jeyring.
This document includes House Floor Amendments incorporated into the bill on Thu, Feb 23, 2017 at 3:13 PM by ryoung.
1     
SYSTEM OF CARE DEVELOPMENT

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca P. Edwards

5     
Senate Sponsor: Allen M. Christensen

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to a system of care within the Department of
10     Human Services.
11     Highlighted Provisions:
12          This bill:
13          ▸     amends the definition of "system of care";
14          ▸     enumerates department authority to develop a system of care; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          62A-1-104, as last amended by Laws of Utah 2014, Chapter 213
23          62A-1-111, as last amended by Laws of Utah 2016, Chapter 296
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 62A-1-104 is amended to read:
27          62A-1-104. Definitions.
28          (1) As used in this title:
29          (a) "Concurrence of the board" means agreement by a majority of the members of a
30     board.
31          (b) "Department" means the Department of Human Services established in Section
32     62A-1-102.
33          (c) "Executive director" means the executive director of the department, appointed
34     [pursuant to] under Section 62A-1-108.
35          (d) "System of care" means a broad, flexible array of services and supports [for minors
36     with or at risk for complex emotional and behavioral needs] that:
37          [(i) is community based;]
38          [(ii) integrates service planning, service coordination, and management across state and
39     local entities;]
40          [(iii) includes individualized, person-centered planning;]
41          [(iv) builds meaningful partnerships with families and children; and]
42          [(v) provides supportive management and policy infrastructure that is organized into a
43     coordinated network.]
44          (i) serves a child with or who is at risk for complex emotional and behavioral needs;
45          (ii) is community based;
46          (iii) is informed about trauma;
47          (iv) builds meaningful partnerships with families and children;
48          (v) integrates service planning, service coordination, and management across state and
49     local entities;
50          (vi) includes individualized case planning;
51          (vii) provides management and policy infrastructure that supports a coordinated
52     network of interdepartmental service providers, contractors, and service providers who are
53     outside of the department; and
54          (viii) is guided by the type and variety of services needed by a child with or who is at
55     risk for complex emotional and behavioral needs and by the child's family.
56          (2) The definitions provided in Subsection (1) are to be applied in addition to
57     definitions contained throughout this title [which] that are applicable to [specific] specified
58     chapters or parts.
59          Section 2. Section 62A-1-111 is amended to read:
60          62A-1-111. Department authority.
61          The department may, in addition to all other authority and responsibility granted to [it]
62     the department by law:
63          (1) adopt rules, not inconsistent with law, as the department may consider necessary or
64     desirable for providing social services to the people of this state;
65          (2) establish and manage client trust accounts in the department's institutions and
66     community programs, at the request of the client or the client's legal guardian or representative,
67     or in accordance with federal law;
68          (3) purchase, as authorized or required by law, services that the department is
69     responsible to provide for legally eligible persons;
70          (4) conduct adjudicative proceedings for clients and providers in accordance with the
71     procedures of Title 63G, Chapter 4, Administrative Procedures Act;
72          (5) establish eligibility standards for its programs, not inconsistent with state or federal
73     law or regulations;
74          (6) take necessary steps, including legal action, to recover money or the monetary value
75     of services provided to a recipient who was not eligible;
76          (7) set and collect fees for its services;
77          (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
78     or limited by law;
79          (9) acquire, manage, and dispose of any real or personal property needed or owned by
80     the department, not inconsistent with state law;
81          (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
82     the proceeds thereof, may be credited to the program designated by the donor, and may be used
83     for the purposes requested by the donor, as long as the request conforms to state and federal
84     policy; all donated funds shall be considered private, nonlapsing funds and may be invested
85     under guidelines established by the state treasurer;
86          (11) accept and employ volunteer labor or services; the department is authorized to
87     reimburse volunteers for necessary expenses, when the department considers that
88     reimbursement to be appropriate;
89          (12) carry out the responsibility assigned in the workforce services plan by the State
90     Workforce Development Board;
91          (13) carry out the responsibility assigned by Section 35A-8-602 with respect to
92     coordination of services for the homeless;
93          (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to
94     coordination of services for students with a disability;
95          (15) provide training and educational opportunities for its staff;
96          (16) collect child support payments and any other money due to the department;
97          (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
98     whose child lives out of the home in a department licensed or certified setting;
99          (18) establish policy and procedures, within appropriations authorized by the
100     Legislature, in cases where the department is given custody of a minor by the juvenile court
101     [pursuant to] under Section 78A-6-117 or ordered to prepare an attainment plan for a minor
102     found not competent to proceed [pursuant to] under Section 78A-6-1301; any policy and
103     procedures shall include:
104          (a) designation of interagency teams for each juvenile court district in the state;
105          (b) delineation of assessment criteria and procedures;
106          (c) minimum requirements, and timeframes, for the development and implementation
107     of a collaborative service plan for each minor placed in department custody; and
108          (d) provisions for submittal of the plan and periodic progress reports to the court;
109          (19) carry out the responsibilities assigned to it by statute;
110          (20) examine and audit the expenditures of any public funds provided to local
111     substance abuse authorities, local mental health authorities, local area agencies on aging, and
112     any person, agency, or organization that contracts with or receives funds from those authorities
113     or agencies. Those local authorities, area agencies, and any person or entity that contracts with
114     or receives funds from those authorities or area agencies, shall provide the department with any
115     information the department considers necessary. The department is further authorized to issue
116     directives resulting from any examination or audit to local authorities, area agencies, and
117     persons or entities that contract with or receive funds from those authorities with regard to any
118     public funds. If the department determines that it is necessary to withhold funds from a local
119     mental health authority or local substance abuse authority based on failure to comply with state
120     or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of
121     services. For purposes of this Subsection (20) "public funds" means the same as that term is
122     defined in Section 62A-15-102;
123          (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and
124     persons to provide intercountry adoption services; and
125          (22) within appropriations authorized by the Legislature, promote and develop a
126     system of care Ĥ→ [[] , []] [[] as defined in Section 62A-1-104 []] ←Ĥ [, within the
126a     department and with contractors
127     that provide services to the department or any of the department's divisions.]:
128          (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
129          (b) that encompasses the department, department contractors, and the divisions,
130     offices, or institutions within the department, to:
131          (i) navigate services, funding resources, and relationships to the benefit of the children
132     and families whom the department serves;
133          (ii) centralize department operations, including procurement and contracting;
134          (iii) develop policies that govern business operations and that facilitate a system of care
135     approach to service delivery;
136          (iv) allocate resources that may be used for the children and families served by the
137     department or the divisions, offices, or institutions within the department Ĥ→ , subject to the
137a     restrictions in Section 63J-1-206 ←Ĥ ;
138          (v) create performance-based measures for the provision of services; and
139          (vi) centralize other business operations, including data matching and sharing among
140     the department's divisions, offices, and institutions.




Legislative Review Note
Office of Legislative Research and General Counsel