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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to parental representation in child welfare cases.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ amends provisions related to the Child Welfare Parental Representation Fund;
14 ▸ amends provisions related to the Interdisciplinary Parental Representation Pilot
15 Program; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78B-22-804, as last amended by Laws of Utah 2021, Chapter 228
24 78B-22-805, as enacted by Laws of Utah 2022, Chapter 188
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26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-22-804 is amended to read:
28 78B-22-804. Child Welfare Parental Representation Fund -- Contracts for
29 coverage by the fund.
30 (1) There is created an expendable special revenue fund known as the "Child Welfare
31 Parental Representation Fund."
32 (2) Subject to availability, the office may make distributions from the fund for the
33 following purposes:
34 (a) to pay for indigent defense resources for contracted parental representation
35 attorneys;
36 (b) for administrative costs of the program; and
37 (c) for reasonable expenses directly related to the functioning of the program, including
38 training and travel expenses.
39 (3) The fund consists of:
40 (a) federal funds received by the state as partial reimbursement for amounts expended
41 by the Utah Indigent Defense Commission to pay for parental representation;
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46 (4) The state treasurer shall invest the money in the fund by following the procedures
47 and requirements of Title 51, Chapter 7, State Money Management Act.
48 (5) (a) If the office anticipates a deficit in the fund during a fiscal year:
49 (i) the commission may request an appropriation from the Legislature; and
50 (ii) the Legislature may fund the anticipated deficit through appropriation.
51 (b) If the anticipated deficit is not funded by the Legislature under Subsection (5)(a),
52 the office may request an interim assessment from contributing counties as described in
53 Subsection (6) to fund the anticipated deficit.
54 (6) (a) A county legislative body and the office may annually enter into a contract for
55 the office to provide indigent defense services for a parent in a child welfare case in the county
56 out of the fund.
57 (b) A contract described in Subsection (6)(a) shall:
58 (i) require the contributing county described in Subsection (6)(a) to pay into the fund
59 an amount defined by a formula established by the commission; and
60 (ii) provide for revocation of the contract for the contributing county's failure to pay the
61 assessment described in Subsection (5) on the due date established by the commission.
62 (7) After the first year of operation of the fund, a contributing county that enters into a
63 contract under Subsection (6) to initiate or reestablish participation in the fund is required to
64 make an equity payment in the amount determined by the commission, in addition to the
65 assessment described in Subsection (5).
66 (8) A contributing county that withdraws from participation in the fund, or whose
67 participation in the fund is revoked as described in Subsection (6) for failure to pay the
68 contributing county's assessment when due, shall forfeit any right to any previously paid
69 assessment by the contributing county or coverage from the fund.
70 Section 2. Section 78B-22-805 is amended to read:
71 78B-22-805. Interdisciplinary Parental Representation Pilot Program.
72 (1) As used in this section:
73 (a) "Parental representation liaison" means an individual who has a bachelor's or
74 graduate degree in social work, sociology, psychology, human services, or a closely related
75 field.
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77 created in this section.
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83 (2) (a) There is created within the commission the Interdisciplinary Parental
84 Representation Pilot Program.
85 (b) The purpose of the program is to enhance the legal representation of a parent in a
86 child welfare case by including a [
87 the parent's interdisciplinary legal team.
88 (3) (a) A county may submit a proposal to the commission for a grant to develop a
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90 in a child welfare case in the county.
91 (b) A proposal described in Subsection (3)(a) shall include details regarding:
92 (i) how the county plans to use the grant award to fulfill the purpose described in
93 Subsection (2);
94 (ii) any plan to use funding sources in addition to a grant awarded under this section for
95 the proposal; and
96 (iii) other information the commission determines necessary to evaluate the proposal
97 for a grant award under this section.
98 (c) In evaluating a proposal for a grant award under this section, the commission shall
99 consider:
100 (i) the extent to which the proposal will fulfill the purpose described in Subsection (2);
101 (ii) the cost of the proposal;
102 (iii) the extent to which other funding sources identified in the proposal are likely to
103 benefit the proposal;
104 (iv) the sustainability of the proposal;
105 (v) the need for [
106 welfare cases in the county that submitted the proposal; and
107 (vi) whether the proposal will support improvements in indigent defense services in
108 accordance with the commission core principles described in Section 78B-22-404.
109 (4) Before October 1, 2023, the commission shall provide a written report to the Health
110 and Human Services Interim Committee regarding the program that includes information on:
111 (a) the number of grants awarded under the program; and
112 (b) whether the program had any impact on child welfare case outcomes.