1     
CHILD WELFARE SERVICES AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kay J. Christofferson

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill expands available funding sources for the provision of post-adoption services.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the division to use division-designated post-adopt funds to provide services
13     to a child who is adopted from the custody of the division, without requiring that a
14     parent terminate parental rights, or that a parent or legal guardian of the child
15     transfer or surrender custodial rights, in order to receive the services; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          62A-4a-106, as last amended by Laws of Utah 2016, Chapter 219
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 62A-4a-106 is amended to read:
27          62A-4a-106. Services provided by division.
28          (1) The division may provide, directly or through contract, services that include the
29     following:
30          (a) adoptions;
31          (b) day care for children;
32          (c) out-of-home placements for minors;
33          (d) health-related services;
34          (e) homemaking services;
35          (f) home management services;
36          (g) protective services for minors;
37          (h) transportation services; and
38          (i) domestic violence services.
39          (2) [Services] The division shall monitor services provided directly by the division or
40     through contract [shall be monitored by the division to insure] to ensure compliance with
41     applicable[:] law and rule.
42          [(a) state law; and]
43          [(b) standards and rules of the division.]
44          (3) When the division provides a service through a private contract, not including a
45     foster parent placement, the division shall post the name of the service provider on the
46     division's website.
47          (4) Unless a parent or guardian of a child who is adopted from the custody of the
48     division expressly requests otherwise, the division may not, solely on the basis that the parent
49     or guardian contacts the division regarding services or requests services from the division:
50          (a) remove or facilitate the removal of a child from the child's home;
51          (b) file a petition for removal of a child from the child's home;
52          (c) file a petition for a child protective order;
53          (d) make a supported finding;
54          (e) seek a substantiated finding;
55          (f) file a petition alleging that a child is abused, neglected, dependent, or abandoned; or
56          (g) file a petition for termination of parental rights.
57          (5) (a) The division shall, to the extent that sufficient funds are available, use out-of-
58     home funds or division-designated post-adopt funds to provide services to a child who is
59     adopted from the custody of the division, without requiring that a parent terminate parental
60     rights, or that a parent or legal guardian of the child transfer or surrender custodial rights, in
61     order to receive the services.
62          (b) The division may not require, request, or recommend that a parent terminate
63     parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to
64     receive services, using out-of-home funds, for a child who is adopted from the custody of the
65     division.
66          (6) (a) As used in this Subsection (6), "vendor services" means services that a person
67     provides under contract with the division.
68          (b) If a parent or guardian of a child who is adopted from the custody of the division
69     requests vendor services from the division, the division shall refer the parent or guardian to a
70     provider of vendor services, at the parent's or guardian's expense, if:
71          (i) (A) the parent, guardian, or child is not eligible to receive the vendor services from
72     the division; or
73          (B) the division does not have sufficient funds to provide the services to the parent,
74     guardian, or child;
75          (ii) the parent, guardian, or child does not have insurance or other funds available to
76     receive the services without the referral; and
77          (iii) the parent or guardian desires the referral.
78          (c) If the division awards, extends, or renews a contract with a vendor for vendor
79     services, the division shall include in the contract a requirement that a vendor to whom the
80     division makes a referral under Subsection (6)(b):
81          (i) provide services to the parent, guardian, or child at a rate that does not exceed the
82     rate that the vendor charges the division for the services; and
83          (ii) may not charge the parent, guardian, or child any fee that the vendor does not
84     charge the division.