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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
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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 [
35 (d) "System of care" means a broad, flexible array of services and supports [
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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 [
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 [
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
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102 found not competent to proceed [
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, as defined in Section 62A-1-104[
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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, subject to the
138 restrictions in Section 63J-1-206;
139 (v) create performance-based measures for the provision of services; and
140 (vi) centralize other business operations, including data matching and sharing among
141 the department's divisions, offices, and institutions.
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