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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the auditing of Division of Child and Family
10 Services' referrals and cases.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the legislative auditor general to audit, subject to the prioritization of the
14 Legislative Audit Subcommittee, a sample of child welfare referrals to and cases
15 handled by the Division of Child and Family Services.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 62A-4a-118, as last amended by Laws of Utah 2008, Chapter 3
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 62A-4a-118 is amended to read:
26 62A-4a-118. Annual review of child welfare referrals and cases by executive
27 director -- Accountability to the Legislature -- Review by legislative auditor general.
28 (1) The division shall use principles of quality management systems, including
29 statistical measures of processes of service, and the routine reporting of performance data to
30 employees.
31 (2) (a) In addition to development of quantifiable outcome measures and performance
32 measures in accordance with Section 62A-4a-117, the executive director, or his designee, shall
33 annually review a randomly selected sample of child welfare referrals to and cases handled by
34 the division. The purpose of that review shall be to assess whether the division is adequately
35 protecting children and providing appropriate services to families, in accordance with the
36 provisions of Title 62A, Chapter 4a, Child and Family Services, and Title 78A, Chapter 6, Part
37 3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
38 Act. The review shall focus directly on the outcome of cases to children and families, and not
39 simply on procedural compliance with specified criteria.
40 (b) The executive director shall report, regarding his review of those cases, to the
41 legislative auditor general and the Child Welfare Legislative Oversight Panel.
42 (c) Information obtained as a result of the review shall be provided to caseworkers,
43 supervisors, and division personnel involved in the respective cases, for purposes of education,
44 training, and performance evaluation.
45 (3) The executive director's review and report to the Legislature shall include:
46 (a) the criteria used by the executive director, or his designee, in making the
47 evaluation;
48 (b) findings regarding whether state statutes, division policy, and legislative policy
49 were followed in each sample case;
50 (c) findings regarding whether, in each sample case, referrals, removals, or cases were
51 appropriately handled by the division and its employees, and whether children were adequately
52 and appropriately protected and appropriate services provided to families, in accordance with
53 the provisions of Title 62A, Chapter 4a, Child and Family Services, Title 78A, Chapter 6, Part
54 3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
55 Act, and division policy;
56 (d) an assessment of the division's intake procedures and decisions, including an
57 assessment of the appropriateness of decisions not to accept referrals; and
58 (e) an assessment of the appropriateness of the division's assignment of priority.
59 (4) (a) In addition to the [
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61 (2), the legislative auditor general shall audit, subject to the prioritization of the Legislative
62 Audit Subcommittee, a sample of child welfare referrals to and cases handled by the division
63 and report [
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66 (b) An audit under Subsection (4)(a) may be initiated by:
67 (i) the Audit Subcommittee of the Legislative Management Committee;
68 (ii) the Child Welfare Legislative Oversight Panel; or
69 (iii) the legislative auditor general, based on the results of the executive director's
70 review under Subsection (2).
71 (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
72 General's report may include:
73 (i) findings regarding whether state statutes, division policy, and legislative policy were
74 followed by the division and its employees;
75 (ii) a determination regarding whether referrals, removals, and cases were appropriately
76 handled by the division and its employees, and whether children were adequately and
77 appropriately protected and appropriate services provided for families, in accordance with the
78 provisions of Title 62A, Chapter 4a, Child and Family Services, Title 78A, Chapter 6, Part 3,
79 Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights Act,
80 and division policy;
81 (iii) an assessment of the division's intake procedures and decisions, including an
82 assessment of the appropriateness of decisions not to accept referrals;
83 (iv) an assessment of the appropriateness of the division's assignment of priority;
84 (v) a determination regarding whether the department's review process is effecting
85 beneficial change within the division and accomplishing the mission established by the
86 Legislature and the department for that review process; and
87 (vi) findings regarding any other issues identified by the auditor or others under this
88 Subsection (4)[
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