1     
CHILD WELFARE AUDITING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gene Davis

5     
House Sponsor: Sandra Hollins

6     

7     LONG TITLE
8     Committee Note:
9          The Child Welfare Legislative Oversight Panel recommended this bill.
10     General Description:
11          This bill amends provisions related to the auditing of Division of Child and Family
12     Services' referrals and cases.
13     Highlighted Provisions:
14          This bill:
15          ▸     requires the legislative auditor general to audit, subject to the prioritization of the
16     Legislative Audit Subcommittee, a sample of child welfare referrals to and cases
17     handled by the Division of Child and Family Services.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          62A-4a-118, as last amended by Laws of Utah 2008, Chapter 3
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 62A-4a-118 is amended to read:

28          62A-4a-118. Annual review of child welfare referrals and cases by executive
29     director -- Accountability to the Legislature -- Review by legislative auditor general.
30          (1) The division shall use principles of quality management systems, including
31     statistical measures of processes of service, and the routine reporting of performance data to
32     employees.
33          (2) (a) In addition to development of quantifiable outcome measures and performance
34     measures in accordance with Section 62A-4a-117, the executive director, or his designee, shall
35     annually review a randomly selected sample of child welfare referrals to and cases handled by
36     the division. The purpose of that review shall be to assess whether the division is adequately
37     protecting children and providing appropriate services to families, in accordance with the
38     provisions of Title 62A, Chapter 4a, Child and Family Services, and Title 78A, Chapter 6, Part
39     3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
40     Act. The review shall focus directly on the outcome of cases to children and families, and not
41     simply on procedural compliance with specified criteria.
42          (b) The executive director shall report, regarding his review of those cases, to the
43     legislative auditor general and the Child Welfare Legislative Oversight Panel.
44          (c) Information obtained as a result of the review shall be provided to caseworkers,
45     supervisors, and division personnel involved in the respective cases, for purposes of education,
46     training, and performance evaluation.
47          (3) The executive director's review and report to the Legislature shall include:
48          (a) the criteria used by the executive director, or his designee, in making the
49     evaluation;
50          (b) findings regarding whether state statutes, division policy, and legislative policy
51     were followed in each sample case;
52          (c) findings regarding whether, in each sample case, referrals, removals, or cases were
53     appropriately handled by the division and its employees, and whether children were adequately
54     and appropriately protected and appropriate services provided to families, in accordance with
55     the provisions of Title 62A, Chapter 4a, Child and Family Services, Title 78A, Chapter 6, Part
56     3, Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights
57     Act, and division policy;
58          (d) an assessment of the division's intake procedures and decisions, including an

59     assessment of the appropriateness of decisions not to accept referrals; and
60          (e) an assessment of the appropriateness of the division's assignment of priority.
61          (4) (a) In addition to the [review conducted by the executive director, beginning July 1,
62     2004, the legislative auditor general shall audit] executive director's review under Subsection
63     (2), the legislative auditor general shall audit, subject to the prioritization of the Legislative
64     Audit Subcommittee, a sample of child welfare referrals to and cases handled by the division
65     and report [his] the findings to the Child Welfare Legislative Oversight Panel.
66          [(b) An audit under Subsection (4)(a) shall be conducted at least once every three
67     years, but may be conducted more frequently pursuant to Subsection (4)(d).]
68          (b) An audit under Subsection (4)(a) may be initiated by:
69          (i) the Audit Subcommittee of the Legislative Management Committee;
70          (ii) the Child Welfare Legislative Oversight Panel; or
71          (iii) the legislative auditor general, based on the results of the executive director's
72     review under Subsection (2).
73          (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor
74     General's report may include:
75          (i) findings regarding whether state statutes, division policy, and legislative policy were
76     followed by the division and its employees;
77          (ii) a determination regarding whether referrals, removals, and cases were appropriately
78     handled by the division and its employees, and whether children were adequately and
79     appropriately protected and appropriate services provided for families, in accordance with the
80     provisions of Title 62A, Chapter 4a, Child and Family Services, Title 78A, Chapter 6, Part 3,
81     Abuse, Neglect, and Dependency Proceedings, and Part 5, Termination of Parental Rights Act,
82     and division policy;
83          (iii) an assessment of the division's intake procedures and decisions, including an
84     assessment of the appropriateness of decisions not to accept referrals;
85          (iv) an assessment of the appropriateness of the division's assignment of priority;
86          (v) a determination regarding whether the department's review process is effecting
87     beneficial change within the division and accomplishing the mission established by the
88     Legislature and the department for that review process; and
89          (vi) findings regarding any other issues identified by the auditor or others under this

90     Subsection (4)[(d)].
91          [(d) An audit under Subsection (4)(a) may be initiated by:]
92          [(i) the Audit Subcommittee of the Legislative Management Committee;]
93          [(ii) the Child Welfare Legislative Oversight Panel; or]
94          [(iii) the Legislative Auditor General, based on the results of the executive director's
95     review under Subsection (2).]






Legislative Review Note
Office of Legislative Research and General Counsel