1     
LIMITATIONS ON FAMILY SERVICES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill limits the services that the Division of Child and Family Services may provide.
10     Highlighted Provisions:
11          This bill:
12          ▸     prohibits the Division of Child and Family Services from providing certain
13     voluntary in-home services;
14          ▸     requires the Division of Child and Family Services to provide a referral to a family
15     seeking voluntary in-home 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-103, as last amended by Laws of Utah 2017, Chapter 323
24          62A-4a-105, as last amended by Laws of Utah 2018, Chapter 281
25          62A-4a-202, as last amended by Laws of Utah 2017, Chapter 330
26          78A-6-117.5, as enacted by Laws of Utah 2017, Chapter 330
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 62A-4a-103 is amended to read:
30          62A-4a-103. Division -- Creation -- Purpose.
31          (1) (a) There is created the Division of Child and Family Services within the
32     department, under the administration and general supervision of the executive director.
33          (b) The division is the child, youth, and family services authority of the state and has
34     all functions, powers, duties, rights, and responsibilities created in accordance with this
35     chapter, except those assumed by the department.
36          (2) (a) The primary purpose of the division is to provide child welfare services.
37          (b) [The division shall, when possible and appropriate, provide in-home services for
38     the preservation of families in an effort to protect the child from the trauma of separation from
39     the child's family, protect the integrity of the family, and the constitutional rights of parents. In
40     keeping with its ultimate goal and purpose of protecting children, however, when] When a
41     child's welfare is endangered or reasonable efforts to maintain or reunify a child with the child's
42     family have failed, the division shall act in a timely fashion in accordance with the
43     requirements of this chapter and Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency
44     Proceedings, to provide the child with a stable, permanent environment.
45          (3) The division shall [also] provide domestic violence services in accordance with
46     federal law.
47          (4) Except as provided in Subsection 62A-4a-105(1) and except in the situation of a
48     parent or guardian of a child who is adopted from the custody of the division, the division may
49     not provide voluntary in-home services to a parent or guardian of a child whose health and
50     safety is not immediately endangered.
51          Section 2. Section 62A-4a-105 is amended to read:
52          62A-4a-105. Division responsibilities.
53          (1) The division shall:
54          (a) administer services to minors and families, including:
55          (i) child welfare services;
56          (ii) domestic violence services; and
57          (iii) all other responsibilities that the Legislature [or the executive director] may assign
58     to the division;
59          (b) provide the following services:
60          (i) financial and other assistance to an individual adopting a child with special needs
61     under Part 9, Adoption Assistance, not to exceed the amount the division would provide for the
62     child as a legal ward of the state;
63          [(ii) non-custodial and in-home services, including:]
64          [(A) services designed to prevent family break-up; and]
65          [(B) family preservation services;]
66          (ii) a referral to in-home services described in Section 62a-4a-202;
67          (iii) reunification services to families whose children are in substitute care in
68     accordance with the requirements of this chapter and Title 78A, Chapter 6, Juvenile Court Act;
69          (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
70     or neglect of a child in that family;
71          (v) shelter care in accordance with the requirements of this chapter and Title 78A,
72     Chapter 6, Juvenile Court Act;
73          (vi) domestic violence services, in accordance with the requirements of federal law;
74          (vii) protective services to victims of domestic violence, as defined in Section 77-36-1,
75     and their children, in accordance with the provisions of this chapter and Title 78A, Chapter 6,
76     Part 3, Abuse, Neglect, and Dependency Proceedings;
77          (viii) substitute care for dependent, abused, neglected, and delinquent children;
78          (ix) services for minors who are victims of human trafficking or human smuggling as
79     described in Sections 76-5-308 through 76-5-310 or who have engaged in prostitution or sexual
80     solicitation as defined in Section 76-10-1302; and
81          (x) training for staff and providers involved in the administration and delivery of
82     services offered by the division in accordance with this chapter;
83          (c) establish standards for all:
84          (i) contract providers of out-of-home care for minors and families;
85          (ii) facilities that provide substitute care for dependent, abused, neglected, and
86     delinquent children placed in the custody of the division; and
87          (iii) direct or contract providers of domestic violence services described in Subsection
88     (1)(b)(vi);
89          (d) have authority to:
90          (i) contract with a private, nonprofit organization to recruit and train foster care
91     families and child welfare volunteers in accordance with Section 62A-4a-107.5; and
92          (ii) approve facilities that meet the standards established under Subsection (1)(c) to
93     provide substitute care for dependent, abused, neglected, and delinquent children placed in the
94     custody of the division;
95          (e) cooperate with the federal government in the administration of child welfare and
96     domestic violence programs and other human service activities assigned by the department;
97          (f) if there is a privacy agreement with an Indian tribe to protect the confidentiality of
98     division records to the same extent that the division is required to protect division records,
99     cooperate with and share all appropriate information in the division's possession regarding an
100     Indian child, the Indian child's parent or guardian, or a proposed placement for the Indian child
101     with the Indian tribe that is affiliated with the Indian child;
102          (g) in accordance with Subsection (2)(a), promote and enforce state and federal laws
103     enacted for the protection of abused, neglected, dependent, delinquent, ungovernable, and
104     runaway children, and status offenders, in accordance with the requirements of this chapter,
105     unless administration is expressly vested in another division or department of the state;
106          (h) cooperate with the Workforce Development Division in the Department of
107     Workforce Services in meeting the social and economic needs of an individual who is eligible
108     for public assistance;
109           (i) compile relevant information, statistics, and reports on child and family service
110     matters in the state;
111          (j) prepare and submit to the department, the governor, and the Legislature reports of
112     the operation and administration of the division in accordance with the requirements of
113     Sections 62A-4a-117 and 62A-4a-118;
114          (k) provide social studies and reports for the juvenile court in accordance with Section
115     78A-6-605;
116          (l) within appropriations from the Legislature, provide or contract for a variety of
117     domestic violence services and treatment methods;
118          (m) ensure regular, periodic publication, including electronic publication, regarding the
119     number of children in the custody of the division who:
120          (i) have a permanency goal of adoption; or
121          (ii) have a final plan of termination of parental rights, pursuant to Section 78A-6-314,
122     and promote adoption of those children;
123          (n) subject to Subsection (2)(b), refer an individual receiving services from the division
124     to the local substance abuse authority or other private or public resource for a court-ordered
125     drug screening test; and
126          (o) perform other duties and functions required by law.
127          (2) (a) In carrying out the requirements of Subsection (1)(g), the division shall:
128          (i) cooperate with the juvenile courts, the Division of Juvenile Justice Services, and
129     with all public and private licensed child welfare agencies and institutions to develop and
130     administer a broad range of services and support;
131          (ii) take the initiative in all matters involving the protection of abused or neglected
132     children, if adequate provisions have not been made or are not likely to be made; and
133          (iii) make expenditures necessary for the care and protection of the children described
134     in this Subsection (2)(a), within the division's budget.
135          (b) When an individual is referred to a local substance abuse authority or other private
136     or public resource for court-ordered drug screening under Subsection (1)(n), the court shall
137     order the individual to pay all costs of the tests unless:
138          (i) the cost of the drug screening is specifically funded or provided for by other federal
139     or state programs;
140          (ii) the individual is a participant in a drug court; or
141          (iii) the court finds that the individual is impecunious.
142          (3) Except to the extent provided by rule, the division is not responsible for
143     investigating domestic violence in the presence of a child, as described in Section 76-5-109.1.
144          (4) The division may not require a parent who has a child in the custody of the division
145     to pay for some or all of the cost of any drug testing the parent is required to undergo.
146          Section 3. Section 62A-4a-202 is amended to read:
147          62A-4a-202. In-home services for the preservation of families.
148          [(1) (a) Within appropriations from the Legislature and money obtained under
149     Subsection (5), the division shall provide in-home services for the purpose of family
150     preservation to any family with a child whose health and safety is not immediately endangered,
151     when:]
152          [(i) (A) the child is at risk of being removed from the home; or]
153          [(B) the family is in crisis; and]
154          [(ii) the division determines that it is reasonable and appropriate.]
155          [(b) In determining whether in-home services are reasonable and appropriate, in
156     keeping with Subsection 62A-4a-201(1), the child's health, safety, and welfare shall be the
157     paramount concern.]
158          [(c) The division shall consider whether the services described in Subsection (1)(b):]
159          [(i) will be effective within a six-month period; and]
160          [(ii) are likely to prevent continued abuse or neglect of the child.]
161          [(2)] (1) (a) The division shall maintain a statewide inventory of in-home services
162     available through public and private agencies or individuals for use by caseworkers.
163          (b) The inventory described in Subsection [(2)(a)] (1)(a) shall include:
164          (i) the method of accessing each service;
165          (ii) eligibility requirements for each service;
166          (iii) the geographic areas and the number of families that can be served by each
167     service; and
168          (iv) information regarding waiting lists for each service.
169          [(3) (a) As part of its in-home services for the preservation of families, the division
170     shall provide in-home services in varying degrees of intensity and contact that are specific to
171     the needs of each individual family.]
172          [(b) As part of its in-home services, the division shall:]
173          [(i) provide customized assistance;]
174          [(ii) provide support or interventions that are tailored to the needs of the family;]
175          [(iii) discuss the family's needs with the parent;]
176          [(iv) discuss an assistance plan for the family with the parent; and]
177          [(v) address:]
178          [(A) the safety of children;]
179          [(B) the needs of the family; and]
180          [(C) services necessary to aid in the preservation of the family and a child's ability to
181     remain in the home.]
182          [(c) In-home services shall be, as practicable, provided within the region that the family
183     resides, using existing division staff.]
184          [(4) (a) The division may use specially trained caseworkers, private providers, or other
185     persons to provide the in-home services described in Subsection (3).]
186          [(b) The division shall allow a caseworker to be flexible in responding to the needs of
187     each individual family, including:]
188          [(i) limiting the number of families assigned; and]
189          [(ii) being available to respond to assigned families within 24 hours.]
190          [(5) To provide, expand, and improve the delivery of in-home services to prevent the
191     removal of children from their homes and promote the preservation of families, the division
192     shall make substantial effort to obtain funding, including:]
193          [(a) federal grants;]
194          [(b) federal waivers; and]
195          [(c) private money.]
196          [(6) The division shall provide in-home family services pursuant to an order under
197     Section 78A-6-117.5.]
198          (2) When a parent or guardian contacts the division for voluntary services, the division
199     shall make an referral to a service from the statewide inventory described in Subsection (1).
200          Section 4. Section 78A-6-117.5 is amended to read:
201          78A-6-117.5. Custody in Division of Child and Family Services or in the Division
202     of Juvenile Justice Services.
203          (1) Notwithstanding Subsection 78A-6-117(2)(c), the court may not vest custody in the
204     Division of Child and Family Services except pursuant to Title 78A, Chapter 6, Part 3, Abuse,
205     Neglect, and Dependency Proceedings.
206          [(2) If the court finds that a child is at risk of being removed from the home or that the
207     family is in crisis, the court may order the Division of Child and Family Services to conduct an
208     assessment to determine if provision of in-home family preservation services is appropriate. If
209     considered appropriate by the Division of Child and Family Services, services shall be
210     provided pursuant to Section 62A-4a-202.]
211          [(3)] (2) Notwithstanding Section 78A-6-117, a court may not place a minor on a
212     ranch, forestry camp, or other residential work program for care or work.
213          [(4)] (3) Notwithstanding Section 78A-6-117, a court may not commit a minor to the
214     temporary custody of the Division of Juvenile Justice Services for residential observation and
215     evaluation or residential observation and assessment.