Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 104 (2018GS)

Sponsor

Rep. Christofferson, K.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• allows the division to use division-designated post-adopt funds to provide services to a child who is adopted from the custody of the division, without requiring that a parent terminate parental rights, or that a parent or legal guardian of the child transfer or surrender custodial rights, in order to receive the services; and
• makes technical changes.

Every vote on this bill

Bill text

CHILD WELFARE SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kay J. Christofferson
Senate Sponsor: 
 Margaret Dayton
LONG TITLE
General Description:
This bill expands available funding sources for the provision of post-adoption services.
Highlighted Provisions:
This bill:
▸ allows the division to use division-designated post-adopt funds to provide services
to a child who is adopted from the custody of the division, without requiring that a
parent terminate parental rights, or that a parent or legal guardian of the child
transfer or surrender custodial rights, in order to receive the services; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-106
, as last amended by Laws of Utah 2016, Chapter 219
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-4a-106
 is amended to read:
62A-4a-106.
Services provided by division.
(1) The division may provide, directly or through contract, services that include the
following:
(a) adoptions;
(b) day care for children;
(c) out-of-home placements for minors;
(d) health-related services;
(e) homemaking services;
(f) home management services;
(g) protective services for minors;
(h) transportation services; and
(i) domestic violence services.
(2) [
Services
] 
The division shall monitor services
 provided directly by the division or
through contract [
shall be monitored by the division to insure
] 
to ensure
 compliance with
applicable[
:
] 
law and rule.
[
(a) state law; and
]
[
(b) standards and rules of the division.
]
(3) When the division provides a service through a private contract, not including a
foster parent placement, the division shall post the name of the service provider on the
division's website.
(4) Unless a parent or guardian of a child who is adopted from the custody of the
division expressly requests otherwise, the division may not, solely on the basis that the parent
or guardian contacts the division regarding services or requests services from the division:
(a) remove or facilitate the removal of a child from the child's home;
(b) file a petition for removal of a child from the child's home;
(c) file a petition for a child protective order;
(d) make a supported finding;
(e) seek a substantiated finding;
(f) file a petition alleging that a child is abused, neglected, dependent, or abandoned; or
(g) file a petition for termination of parental rights.
(5) (a) The division shall, to the extent that sufficient funds are available, use out-of-
home funds 
or division-designated post-adopt funds
 to provide services to a child who is
adopted from the custody of the division, without requiring that a parent terminate parental
rights, or that a parent or legal guardian of the child transfer or surrender custodial rights, in
order to receive the services.
(b) The division may not require, request, or recommend that a parent terminate
parental rights, or that a parent or guardian transfer or surrender custodial rights, in order to
receive services, using out-of-home funds, for a child who is adopted from the custody of the
division.
(6) (a) As used in this Subsection (6), "vendor services" means services that a person
provides under contract with the division.
(b) If a parent or guardian of a child who is adopted from the custody of the division
requests vendor services from the division, the division shall refer the parent or guardian to a
provider of vendor services, at the parent's or guardian's expense, if:
(i) (A) the parent, guardian, or child is not eligible to receive the vendor services from
the division; or
(B) the division does not have sufficient funds to provide the services to the parent,
guardian, or child;
(ii) the parent, guardian, or child does not have insurance or other funds available to
receive the services without the referral; and
(iii) the parent or guardian desires the referral.
(c) If the division awards, extends, or renews a contract with a vendor for vendor
services, the division shall include in the contract a requirement that a vendor to whom the
division makes a referral under Subsection (6)(b):
(i) provide services to the parent, guardian, or child at a rate that does not exceed the
rate that the vendor charges the division for the services; and
(ii) may not charge the parent, guardian, or child any fee that the vendor does not
charge the division.
Legislative Review Note
Office of Legislative Research and General Counsel