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First Substitute H.B. 259
Representative Matt Throckmorton proposes to substitute the following bill:
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PILOT PROGRAM FOR DIFFERENTIATED
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RESPONSES TO CHILD ABUSE AND
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NEGLECT REPORTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Matt Throckmorton
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AN ACT RELATING TO CHILD AND FAMILY SERVICES; ESTABLISHING A PILOT
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PROGRAM FOR DIFFERENTIATED RESPONSES TO CHILD ABUSE AND NEGLECT
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REPORTS; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF
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HUMAN SERVICES TO SELECT REGIONS FOR PARTICIPATION IN THE PILOT
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PROGRAM; PROVIDING A SUNSET DATE; ESTABLISHING CRITERIA FOR
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DETERMINING WHEN A FAMILY ASSESSMENT SHOULD OCCUR IN RESPONSE TO A
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REPORT OF CHILD ABUSE OR NEGLECT; ESTABLISHING MANDATORY AND
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OPTIONAL COMPONENTS FOR FAMILY ASSESSMENTS; ESTABLISHING CRITERIA
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FOR WHEN A FAMILY ASSESSMENT IS DISCONTINUED IN FAVOR OF AN
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INVESTIGATION; LIMITING THE FAMILY ASSESSMENT INFORMATION THAT MAY
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BE INCLUDED ONTO THE DIVISION'S INFORMATION SYSTEM; REQUIRING THAT AN
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INDEPENDENT ENTITY EVALUATE THE PILOT PROGRAM; AND IMPOSING
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REPORTING AND OTHER RELATED DUTIES ON THE DIVISION OF CHILD AND
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FAMILY SERVICES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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63-55-262, as last amended by Chapters 15 and 134, Laws of Utah 1997
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ENACTS:
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62A-4a-202.7, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-4a-202.7
is enacted to read:
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62A-4a-202.7. Pilot program for differentiated responses to child abuse and neglect
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reports.
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(1) (a) Before July 1, 2000, the executive director shall select no less than one and no more
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than three regions within the division to establish a pilot program that complies with the provisions
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of this section.
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(b) After July 1, 2001, the executive director may add one region, in addition to those
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selected under Subsection (1)(a), to the pilot program every four months.
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(2) This section shall be repealed in accordance with Section
63-55-262
.
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(3) (a) This section applies only to:
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(i) those regions that have been selected under Subsection (1) to participate in this pilot
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program; and
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(ii) the response of the division to reports of child abuse or neglect in the participating
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regions.
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(b) Except as provided in Subsection (3)(a), nothing in this section may be construed as:
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(i) superceding or otherwise altering the provisions of this chapter or Title 78, Chapter 3a,
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Part 3, Abuse, Neglect, and Dependency Proceedings; or
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(ii) as restricting the ability of the division to provide services, remove the child, or
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otherwise proceed in accordance with this chapter and Title 78, Chapter 3a, Part 3, Abuse, Neglect,
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and Dependency Hearings.
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(4) Within each region selected, the division shall establish a process that classifies reports
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of child abuse and neglect into one of the following three categories:
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(a) accepted for an investigation;
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(b) accepted for a family assessment; and
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(c) not accepted.
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(5) The division may only initiate contact with a family member in connection with a
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report if the report has been officially accepted by the division for investigation or family
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assessment in accordance with this section.
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(6) (a) Except as provided in Subsection (7), a report shall be accepted for an investigation
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if:
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(i) required by Section
62A-4a-409
; or
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(ii) three prior reports involving the same family have been accepted by the division for
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either an investigation, provided that it occurred within the previous three years, or a family
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assessment, provided that it occurred within the previous year.
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(b) Except as provided in Subsection (6)(c), the division shall conduct an investigation of
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a report accepted pursuant to Subsection (6)(a) in accordance with Section
62A-4a-409
.
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(c) The division may refer a case for a family assessment if at any time during the
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investigation, the division determines that:
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(i) the case is limited to a form of abuse or neglect listed in Subsection (7); or
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(ii) (A) the harm to the child is minor; and
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(B) the family indicates a willingness to participate in a family assessment.
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(d) The division shall conduct an investigation anytime that it receives a report accepted
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for investigation under this Subsection (6), even if:
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(i) the report also includes allegations that would qualify for a family assessment under
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Subsection (7); or
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(ii) a second report is received before the investigation has occurred that would qualify for
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a family assessment under Subsection (7).
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(7) A report shall be accepted for a family assessment if there is a reasonable basis to
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suspect that:
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(a) the child is ungovernable; or
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(b) one or more of the following has occurred:
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(i) mild forms of alleged abuse or neglect that do not pose a threat of imminent harm to
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the child;
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(ii) lack of proper supervision of a child;
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(iii) domestic violence outside of a child's presence;
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(iv) the receipt of three unaccepted reports involving the same family;
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(v) a parent and child conflict indicating a significant breakdown in the parent-child
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relationship and the need for direct intervention to prevent a foreseeable risk of violence or abuse;
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or
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(vi) educational neglect.
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(8) The purpose of a family assessment is to:
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(a) ensure that the child is safe;
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(b) seek the cooperation of the family in learning about and participating in state and
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community services; and
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(c) determine with the family whether the family could benefit from division or community
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services in view of the specific strengths, challenges, available resources, and needs of the family.
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(9) (a) The division shall visit the child's home within 72 hours to begin a family
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assessment for a report accepted pursuant to Subsection (7).
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(b) In accordance with Subsection (8), the division shall seek the cooperation of the family
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in participating in a family assessment.
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(c) If the family declines to participate in a family assessment at the initial point of contact,
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the division shall, by virtue of the fact that a report was accepted pursuant to Subsection (7):
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(i) complete the mandatory family assessment components provided in Subsection (10);
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and
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(ii) initiate an investigation if there is evidence of abuse or neglect for which an
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investigation is required under Subsection (6).
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(10) A family assessment shall consist of the following mandatory components:
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(a) an analysis of the circumstances resulting in the report;
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(b) a risk assessment designed to ensure the child's safety; and
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(c) speaking face-to-face with the child, which may be conducted outside of the presence
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of others if the division believes that it is necessary and appropriate under the circumstances,
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provided that the division inform the child's parent or legal guardian of the division's desire to
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speak with the child.
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(11) (a) A family assessment may include additional information from the family as may
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be needed and that the family is willing to provide to better understand the family's strengths,
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challenges, available resources, and needs.
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(b) In requesting information under Subsection (11)(a), the division shall explain to the
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family how it intends to use the information it collects.
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(c) In performing a family assessment, the division shall inform the family orally or in
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writing before the division contacts persons who are not immediate family members.
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(12) (a) The division shall initiate an investigation if it determines during the course of a
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family assessment that an investigation is required under Subsection (6).
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(b) A family assessment may be discontinued if after completing the mandatory family
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assessment components the division determines that:
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(i) the circumstances do not warrant further involvement; or
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(ii) the family requests the discontinuation of the assessment.
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(13) The division may perform a family assessment for a family that requests one, even
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if a report has not been accepted for a family assessment.
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(14) A family assessment shall be completed within 30 days of the initial contact with the
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family.
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(15) (a) With respect to information acquired from a family assessment, the division may
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only record the mandatory family assessment components onto the management information
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system described in Subsection
62A-4a-116
(2).
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(b) Nothing in Subsection (15)(a) may be construed as limiting the information that may
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be recorded onto the management information system as a result of:
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(i) a report of child abuse or neglect;
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(ii) an investigation;
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(iii) division services provided to the family; or
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(iv) any other division involvement with the family apart from the family assessment.
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(16) All references to a report accepted for a family assessment shall be deleted from the
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management information system after five years unless:
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(a) the executive director determines that there is good cause for keeping the report on the
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management information system based on standards established by rule; or
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(b) a subsequent report involving the same alleged initiator has occurred within that
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five-year period.
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(17) In connection with this pilot program, the division shall:
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(a) standardize the key elements of the program;
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(b) adequately train division employees to:
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(i) process and classify incoming reports;
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(ii) perform family assessments; and
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(iii) conduct investigations;
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(c) establish quality assurance panels to regularly review the appropriateness of classifying
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reports as unaccepted;
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(d) consider the feasibility and, if appropriate, implementation of a system that:
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(i) directs incoming reports of child abuse and neglect to a central location; and
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(ii) sends reports from the central location to the appropriate regional offices for a
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determination of whether, applying the provisions of this section, a particular report should be
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accepted for investigation, accepted for a family assessment, or not accepted;
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(e) contract before July 1, 2001, with an independent entity pursuant to Title 63, Chapter
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56, Utah Procurement Code, to evaluate the outcomes of the pilot program with respect to:
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(i) the safety of children;
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(ii) the needs and perspectives of families;
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(iii) the recurrence of child abuse and neglect;
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(iv) the perspectives of child welfare and community partners;
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(v) the perspectives of division employees; and
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(vi) other areas identified by the division;
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(f) send a copy of any written report by the independent evaluator to the Child Welfare
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Legislative Oversight Panel within 30 days of receipt; and
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(g) send a written report to the Child Welfare Legislative Oversight Panel 30 days before
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a region is added to the pilot program pursuant to Subsection (1)(b), identifying:
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(i) the overall status of the pilot program; and
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(ii) the reasons supporting the executive director's decision to expand the pilot program
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to the region selected.
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Section 2.
Section
63-55-262
is amended to read:
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63-55-262. Repeal dates, Title 62A.
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(1) Title 62A, Chapter 3, Part 4, Reverse Mortgage Services, is repealed July 1, 1998.
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(2) Section
62A-4a-202.7
, Pilot Program for Differentiated Responses to Child Abuse and
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Neglect Reports, is repealed July 1, 2005.
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