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H.B. 103
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AMENDMENTS TO CHILD WELFARE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Nora B. Stephens
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AN ACT RELATING TO CHILD WELFARE AND ADOPTION; REQUIRING THE
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CONSUMER HEARING PANEL TO ESTABLISH DEFINED PROCEDURES; AMENDING
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PROCEDURES RELATING TO FOSTER CARE CITIZEN REVIEW BOARDS; REQUIRING
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COURT REPORTS TO FOSTER CARE CITIZEN REVIEW BOARDS UNDER SPECIFIED
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CIRCUMSTANCES; LIMITING WHO MAY ADOPT; DESCRIBING THE DCFS POLICY
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BOARD'S AUTHORITY REGARDING ADOPTION AND FOSTER CARE PLACEMENT;
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AND PROVIDING AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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62A-4a-102, as last amended by Chapter 329, Laws of Utah 1997
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62A-4a-602, as renumbered and amended by Chapter 260, Laws of Utah 1994
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78-3g-103 (Effective 07/01/00), as last amended by Chapter 121, Laws of Utah 1999
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78-30-1, as last amended by Chapter 65, Laws of Utah 1990
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78-30-1.5, as enacted by Chapter 245, Laws of Utah 1990
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78-30-9, as last amended by Chapters 65 and 245, Laws of Utah 1990
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-4a-102
is amended to read:
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62A-4a-102. Board of Child and Family Services.
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(1) (a) The Board of Child and Family Services, created in accordance with this section
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and with Sections
62A-1-105
and
62A-1-107
, is responsible for establishing the policy of the
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division in accordance with the requirements of this chapter and Title 78, Chapter 3a, regarding
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abuse, neglect, and dependency proceedings, youth services, and domestic violence services. The
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board is responsible to see that the legislative purposes for the division are carried out.
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(b) (i) Effective July 1, 1994, the governor shall appoint, with the advice and consent of
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the Senate, 11 members to the Board of Child and Family Services.
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(ii) Except as required by Subsection (1)(b)(iii), as terms of current board members expire,
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the governor shall appoint each new member or reappointed member to a four-year term.
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(iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at the
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time of appointment or reappointment, adjust the length of terms to ensure that the terms of board
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members are staggered so that approximately half of the board is appointed every two years.
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(c) Two members of the board shall be persons who are or have been consumers, two
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members of the board shall be persons who are actively involved in children's issues specifically
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related to abuse and neglect, one member shall be a licensed foster parent, one member shall be
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a recognized expert in the social, developmental, and mental health needs of children, one member
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shall be a physician licensed to practice medicine in this state who is also a board certified
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pediatrician and who is an expert in child abuse and neglect, and one member shall be an adult
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relative of a child who is or has been in the foster care system.
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(d) Six members of the board are necessary to constitute a quorum at any meeting.
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(e) When a vacancy occurs in the membership for any reason, the replacement shall be
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appointed for the unexpired term.
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(2) (a) Members shall receive no compensation or benefits for their services, but may
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receive per diem and expenses incurred in the performance of the member's official duties at the
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rates established by the Division of Finance under Sections
63A-3-106
and
63A-3-107
.
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(b) Members may decline to receive per diem and expenses for their service.
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(3) The board shall:
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(a) approve fee schedules for programs within the division;
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(b) establish, by rule, procedures for developing its policies to ensure that private citizens,
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consumers, foster parents, private contract providers, allied state and local agencies, and others are
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provided with an opportunity to comment and provide input regarding any new policy or proposed
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revision of an existing policy; and
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(c) provide a mechanism for systematic and regular review of existing policy and for
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consideration of policy changes proposed by the persons and agencies described in Subsection
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(3)(b).
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(4) (a) The board shall establish a three-member Consumer Hearing Panel to act
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independently of the board and the division, and to be the sole and final decision-making body to
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hear, resolve, and make recommendations regarding consumer complaints relating to the division.
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The board may appoint two alternates to serve on the Consumer Hearing Panel in the event that
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one or more of the members is unable to serve at any given time. This section does not restrict or
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limit access to the courts for any person, or override Title 62A, Chapter 2, Licensure of Programs
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and Facilities, or Title 67, Chapter 19, Utah State Personnel Management Act.
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(b) The Consumer Hearing Panel may not include any employees of the division.
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(c) Prior to July 1, 2000, the Consumer Hearing Panel shall establish procedures that:
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(i) provide for reasonable notice of panel hearings to the appropriate consumers;
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(ii) require both the division and the consumer to present their respective information,
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testimony, or evidence at the same hearing unless, after reasonable notice, the consumer fails or
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refuses to appear at the scheduled panel hearing; and
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(iii) affirm the right of affected consumers to be provided with pertinent information
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regarding the substance of the division's position, testimony, or evidence either prior to or at the
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scheduled panel hearing.
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[(c)] (d) The Consumer Hearing Panel shall report its recommendations to the board, the
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division, and the Legislative Oversight Panel described in Section
62A-4a-207
. The division shall
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comply with the recommendations of the Consumer Hearing Panel.
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[(d)] (e) The department shall provide staff to the Consumer Hearing Panel.
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[(e)] (f) (i) Members of the panel shall receive a per diem allowance for each day or
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portion of a day spent in performing the duties of the panel, and shall be reimbursed for all
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necessary travel expenses.
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(ii) The per diem reimbursement described in Subsection [(e)] (4)(f)(i) may not exceed 75
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days for any one individual panel member in any fiscal year.
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(5) The board may create state advisory committees to advise it concerning programs
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offered by the Division of Child and Family Services. The board shall provide each committee
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with a specific charge in writing.
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(6) The board shall establish policies for the determination of eligibility for services
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offered by the division in accordance with this chapter. The division may, by rule, establish
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eligibility standards for consumers.
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(7) The board may not adopt any policy regarding placement for adoption or foster care
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that is more restrictive than applicable statutory provisions.
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Section 2.
Section
62A-4a-602
is amended to read:
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62A-4a-602. Licensure requirements -- Prohibited acts.
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(1) No person, agency, firm, corporation, association, or group children's home may
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engage in child placing, or solicit money or other assistance for child placing, without a valid
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license issued by the Office of Licensing, in accordance with Chapter 2 of this title. When a child
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placing agency's license is suspended or revoked in accordance with that chapter, the care, control,
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or custody of any child who has been in the care, control, or custody of that agency shall be
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transferred to the division.
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(2) (a) An attorney, physician, or other person may assist a parent in identifying or locating
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a person interested in adopting the parent's child, or in identifying or locating a child to be adopted.
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However, no payment, charge, fee, reimbursement of expense, or exchange of value of any kind,
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or promise or agreement to make the same, may be made for that assistance.
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(b) An attorney, physician, or other person may not:
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(i) issue or cause to be issued to any person a card, sign, or device indicating that he is
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available to provide that assistance;
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(ii) cause, permit, or allow any sign or marking indicating that he is available to provide
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that assistance, on or in any building or structure;
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(iii) announce or cause, permit, or allow an announcement indicating that he is available
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to provide that assistance, to appear in any newspaper, magazine, directory, or on radio or
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television; or
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(iv) advertise by any other means that he is available to provide that assistance.
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(3) Nothing in this part precludes payment of fees for medical, legal, or other lawful
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services rendered in connection with the care of a mother, delivery and care of a child, or lawful
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adoption proceedings; and no provision of this part abrogates the right of procedures for
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independent adoption as provided by law.
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(4) In accordance with federal law, only agents or employees of the division and of
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licensed child placing agencies may certify to the United States Immigration and Naturalization
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Service that a family meets the division's preadoption requirements.
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(5) Beginning May 1, 2000, neither the division nor any other licensed child placing
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agency may place a child in any setting, or with any individual or individuals that would not be
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qualified for adoptive placement pursuant to the provisions of Section
78-30-9
.
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Section 3.
Section
78-3g-103 (Effective 07/01/00)
is amended to read:
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78-3g-103 (Effective 07/01/00). Foster care citizen review boards -- Membership --
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Responsibilities -- Periodic reviews.
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(1) Within appropriations from the Legislature, foster care citizen review boards shall be
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established in each Juvenile Court district in the state, to act as the panels described in 42 U.S.C.
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Sections 675(5) and (6), which are required to conduct periodic reviews unless court reviews are
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conducted.
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(2) (a) The committee shall appoint seven members to each board. Five of those members
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shall be parents.
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(b) Five members of a board constitute a quorum, and an action of a majority of the
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quorum constitutes the action of the board.
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(c) A board member may not be an employee of the division or the juvenile court.
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(d) Board members shall be representative of the ethnic, cultural, religious,
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socio-economic, and professional diversity found in the community.
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(e) A board may elect its own chair, vice chair, and other officers as it considers
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appropriate.
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(f) The division may designate a representative to provide technical advice to the board
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regarding division policy and procedure.
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(3) With regard to each child in its custody, the division shall provide the appropriate
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boards with access to all records maintained by the division, and shall ensure that each appropriate
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board is provided with the entire case file regarding each of its pertinent cases.
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(4) (a) In districts or areas where foster care citizen review boards have been established,
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periodic reviews either by the court or by a foster care citizen review board, shall be conducted
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with regard to each child in the division's custody no less frequently than once every six months,
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in accordance with Section
78-3a-313
and 42 U.S.C. Sections 675(5) and (6). In cases where the
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court has conducted a six month review hearing, a foster care citizen review board shall also
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conduct a review within 12 months from the date of the child's removal from his home.
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(b) In accordance with federal law and with Subsection
78-3a-314
(1), periodic reviews
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conducted by foster care citizen review boards shall be open to the participation of the child's
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natural parents, foster parents, preadoptive parents, and any relative providing care for the child.
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Notice shall be provided to those persons pursuant to Subsection
78-3a-314
(1).
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(c) At each periodic review, foster care citizen review boards shall:
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(i) provide opportunities for separate interviews with parents and foster parents in each
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case; and
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(ii) conduct an individual interview with each affected child who is old enough to
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participate in an interview, unless the child affirmatively chooses not to participate. At the child's
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request, he may be accompanied by a support person of his choice, so long as the support person
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is not an alleged perpetrator.
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[(c)] (d) Boards may review additional abuse, neglect, or dependency cases or plans at the
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request of the court.
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(5) Each board shall prepare a dispositional report regarding the child's case and plan. The
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periodic review and the dispositional report shall be consistent with the provisions of Title 62A,
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Chapter 4a, Child and Family Services, and Title 78, Chapter 3a, Part 3, Abuse, Neglect, and
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Dependency Proceedings, and shall include at least the following considerations:
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(a) the extent to which the plan's objectives have been implemented or accomplished by
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the parent, the child, and the division;
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(b) whether revisions to the plan are needed, and if so, how the plan should be revised;
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(c) the extent to which the division has provided the services and interventions described
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in the plan, and whether those services and interventions are assisting, or will assist, the parent and
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child to achieve the plan's objectives within the statutory time limitations;
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(d) the extent to which the parent and child have willingly and actively participated in the
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interventions described in the plan;
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(e) the continuing necessity for and appropriateness of the child's placement;
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(f) the extent of progress that has been made toward alleviating or mitigating the causes
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necessitating the child's removal or continued placement;
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(g) the primary permanency goal and the concurrent permanency goal for the child and, if
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a final permanency plan has been established, an opinion regarding the appropriateness of that
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permanency plan; and
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(h) a determination regarding whether the statutory time limitations described in Title 78,
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Chapter 3a, Part 3, have been met, specifically, whether the 12 month limitation on reunification
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services required by Section
78-3a-311
has been complied with. The board shall also render an
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opinion regarding when it estimates that the child will achieve permanency.
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(6) (a) Each board shall submit its dispositional report to the court, the division, and to all
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parties to an action within 30 days after a case is reviewed by the board.
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(b) The board's dispositional report shall be filed with the court, and shall be made a part
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of the court's legal file. The dispositional report shall be received and reviewed by the court in the
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same manner as the court receives and reviews the reports described in Section
78-3a-505
. The
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report by a board, if determined to be an ex parte communication with a judge, shall be considered
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a communication authorized by law. Foster care citizen review board dispositional reports may
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be received as evidence, and may be considered by the court along with other evidence. The court
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may require any person who participated in the dispositional report to appear as a witness if the
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person is reasonably available.
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(c) Whenever a court makes a determination or finding other than that recommended by
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a board's dispositional report, the court shall notify the applicable board of that determination or
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finding.
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(7) Members of boards may not receive financial compensation or benefits for their
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services. Members may not receive per diem or expenses for their service, except that:
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(a) members may be reimbursed for mileage on days that they are involved in training, at
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rates established by the Division of Finance; and
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(b) members may be provided with a meal on days that they serve on a board.
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(8) Boards are authorized to receive funds from public and private grants and donations
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in accordance with the requirements described in Subsection
78-3g-102
(8).
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(9) In districts or areas where foster care citizen review boards have not been established,
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either the court or the Division of Child and Family Services shall conduct the reviews in
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accordance with the provisions of Subsections (4)(a) and (b), and Section
78-3a-313
.
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Section 4.
Section
78-30-1
is amended to read:
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78-30-1. Who may adopt -- Adoption of minor -- Adoption of adult.
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(1) Any minor child may be adopted by an adult person, in accordance with the provisions
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and requirements of this chapter.
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(2) Any adult may be adopted by any other adult. However, all provisions of this chapter
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apply to the adoption of an adult just as though the person being adopted were a minor, except that
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consent of the parents of an adult person being adopted is not required.
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Section 5.
Section
78-30-1.5
is amended to read:
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78-30-1.5. Legislative intent -- Best interest of child.
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(1) It is the intent and desire of the Legislature that in every adoption the best interest of
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the child should govern and be of foremost concern in the court's determination.
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(2) The court shall make a specific finding regarding the best interest of the child, in
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accordance with Section
78-30-9
and the provisions of this chapter.
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Section 6.
Section
78-30-9
is amended to read:
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78-30-9. Decree of adoption -- Best interest of child -- Legislative finds.
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(1) The court shall examine each person appearing before it in accordance with this
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chapter, separately, and, if satisfied that the interests of the child will be promoted by the adoption,
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it shall enter a final decree of adoption declaring that the child is adopted by the adoptive parent
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or parents and shall be regarded and treated in all respects as the child of the adoptive parent or
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parents.
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(2) The court shall make a specific finding regarding the best interest of the child taking
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into consideration information provided to the court pursuant to the requirements of Subsection
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78-30-3.5
(2) relating to the health, safety, and welfare of the child and the moral climate of the
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potential adoptive placement.
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(3) (a) The Legislature specifically finds that it is not in a child's best interest to be adopted
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by a person or persons who are cohabiting in a relationship that is not a legally valid and binding
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marriage under the laws of this state, pursuant to the requirements and limitations of Section
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30-1-2
. Nothing in this section limits or prohibits the placement of a child with a single adult who
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is not cohabiting as defined in Subsection (3)(b).
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(b) For purposes of this section, "cohabiting" means residing with another person and
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being involved in a sexual relationship with that person.
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Section 7. Effective date.
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This act takes effect on May 1, 2000, except that Section
78-3g-104
takes effect on July
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1, 2000.
Legislative Review Note
as of 1-18-00 9:40 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.