Bill Summary – FastDemocracy

Enrolled Copy                                                                          S.B. 56
                              CHILD WELFARE AMENDMENTS
                                       2023 GENERAL SESSION
                                            STATE OF UTAH
                               Chief Sponsor: Wayne A. Harper
                              House Sponsor: Christine F. Watkins
 6
 LONG TITLE
 General Description:
        This bill amends provisions of the Utah Juvenile Code related to child welfare.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < modifies the requirements for a member of the oversight team managing the
 psychotropic medication oversight pilot program for children in foster care;
        < allows the Division of Child and Family Services to establish citizen review panels;
        < describes the duties of a citizen review panel and authorizes a citizen review panel
 to access certain records and information to fulfill the panel's duties;
        < establishes the Child Welfare Improvement Council as a citizen review panel;
        < provides that, while an interstate compact request is ordered or pending, the court
 may not finalize a non-relative placement unless the court makes certain
 considerations;
        < modifies the preferential consideration granted to a relative for placement of a child;
        < removes a limit on the preferential consideration granted to a natural parent after
 120 days following a shelter hearing;
        < amends the circumstances under which the division is required to notify former
 foster parents when a child reenters temporary custody or the custody of the
 division;
        < removes a provision related to the primary permanency plan for a child who is three
       S.B. 56
                                                                                  Enrolled Copy
 years old or younger;
        < repeals a provision related to the development of a volunteer network by the
 Division of Child and Family Services; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None
 Utah Code Sections Affected:
 AMENDS:
        80-2-503.5, as renumbered and amended by Laws of Utah 2022, Chapter 334
        80-2-1001, as renumbered and amended by Laws of Utah 2022, Chapter 334
        80-2-1101, as renumbered and amended by Laws of Utah 2022, Chapter 334
        80-3-301, as last amended by Laws of Utah 2022, Chapters 287, 334
        80-3-302, as last amended by Laws of Utah 2022, Chapters 287, 334
        80-3-303, as last amended by Laws of Utah 2022, Chapters 287, 335
        80-3-307, as renumbered and amended by Laws of Utah 2022, Chapter 334
        80-3-405, as last amended by Laws of Utah 2022, Chapter 335
        80-3-407, as last amended by Laws of Utah 2022, Chapters 287, 335
        80-3-409, as last amended by Laws of Utah 2022, Chapters 287, 335
 ENACTS:
        80-3-111, Utah Code Annotated 1953
 REPEALS:
        78B-7-112, as last amended by Laws of Utah 2020, Chapter 142
53
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 80-2-503.5 is amended to read:
                                                     -2-
       Enrolled Copy                                                                              S.B. 56
        80-2-503.5. Psychotropic medication oversight pilot program.
        (1) As used in this section, "psychotropic medication" means medication prescribed to
 affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
 anxiolytic, or behavior medication.
        (2) The division shall, through contract with the Department of Health and Human
 Services, establish and operate a psychotropic medication oversight pilot program for children
 in foster care to ensure that foster children are being prescribed psychotropic medication
 consistent with the foster children's needs.
        (3) The division shall establish an oversight team to manage the psychotropic
 medication oversight program, composed of at least the following individuals:
        (a) an advanced practice registered nurse, as defined in Section 58-31b-102, [employed
 by] contracted with the Department of Health and Human Services; and
        (b) a child psychiatrist.
        (4) The oversight team shall monitor foster children:
        (a) six years old or younger who are being prescribed one or more psychotropic
 medications; and
        (b) seven years old or older who are being prescribed two or more psychotropic
 medications.
        (5) The oversight team shall, upon request, be given information or records related to
 the foster child's health care history, including psychotropic medication history and mental and
 behavioral health history, from:
        (a) the foster child's current or past caseworker;
        (b) the foster child; or
        (c) the foster child's:
        (i) current or past health care provider;
        (ii) natural parents; or
        (iii) foster parents.
                                                    -3-
        S.B. 56
                                                                                          Enrolled Copy
          (6) The oversight team may review and monitor the following information about a
 foster child:
          (a) the foster child's history;
          (b) the foster child's health care, including psychotropic medication history and mental
 or behavioral health history;
          (c) whether there are less invasive treatment options available to meet the foster child's
 needs;
          (d) the dosage or dosage range and appropriateness of the foster child's psychotropic
 medication;
          (e) the short-term or long-term risks associated with the use of the foster child's
 psychotropic medication; or
          (f) the reported benefits of the foster child's psychotropic medication.
          (7) (a) The oversight team may make recommendations to the foster child's health care
 providers concerning the foster child's psychotropic medication or the foster child's mental or
 behavioral health.
          (b) The oversight team shall provide the recommendations made in Subsection (7)(a)
 to the foster child's parent or guardian after discussing the recommendations with the foster
 child's current health care providers.
          (8) The division may adopt administrative rules in accordance with Title 63G, Chapter
 3, Utah Administrative Rulemaking Act, necessary to administer this section.
          (9) The division shall report to the Child Welfare Legislative Oversight Panel
 regarding the psychotropic medication oversight pilot program by October 1 of each even
 numbered year.
          Section 2. Section 80-2-1001 is amended to read:
          80-2-1001. Management Information System -- Contents -- Classification of
 records -- Access.
          (1) The division shall develop and implement a Management Information System that
                                                       -4-
        Enrolled Copy                                                                              S.B. 56
 meets the requirements of this section and the requirements of federal law and regulation.
         (2) The Management Information System shall:
         (a) contain all key elements of each family's current child and family plan, including:
         (i) the dates and number of times the plan has been administratively or judicially
 reviewed;
         (ii) the number of times the parent failed the child and family plan; and
         (iii) the exact length of time the child and family plan has been in effect; and
         (b) alert child welfare caseworkers regarding deadlines for completion of and
 compliance with policy, including child and family plans.
         (3) For a child welfare case, the Management Information System shall provide each
 child welfare caseworker and the Office of Licensing created in Section 62A-2-103,
 exclusively for the purposes of foster parent licensure and monitoring, with a complete history
 of each child in the child welfare caseworker's caseload, including:
         (a) a record of all past action taken by the division with regard to the child and the
 child's siblings;
         (b) the complete case history and all reports and information in the control or keeping
 of the division regarding the child and the child's siblings;
         (c) the number of times the child has been in the protective custody, temporary
 custody, and custody of the division;
         (d) the cumulative period of time the child has been in the custody of the division;
         (e) a record of all reports of abuse or neglect received by the division with regard to the
 child's parent or guardian including:
         (i) for each report, documentation of the:
         (A) latest status; or
         (B) final outcome or determination; and
         (ii) information that indicates whether each report was found to be:
         (A) supported;
                                                       -5-
        S.B. 56
                                                                                          Enrolled Copy
           (B) unsupported;
           (C) substantiated;
           (D) unsubstantiated; or
           (E) without merit;
           (f) the number of times the child's parent failed any child and family plan; and
           (g) the number of different child welfare caseworkers who have been assigned to the
 child in the past.
           (4) For child protective services cases, the Management Information System shall:
           (a) monitor the compliance of each case with:
           (i) division rule;
           (ii) state law; and
           (iii) federal law and regulation; and
           (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
 the alleged perpetrator.
           (5) Information or a record contained in the Management Information System is:
           (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
 Records Access and Management Act; and
           (b) available only:
           (i) to a person or government entity with statutory authorization under Title 63G,
 Chapter 2, Government Records Access and Management Act, to review the information or
 record;
           (ii) to a person who has specific statutory authorization to access the information or
 record for the purpose of assisting the state with state or federal requirements to maintain
 information solely for the purpose of protecting minors and providing services to families in
 need;
           (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
                                                        -6-
        Enrolled Copy                                                                                 S.B. 56
        (A) to comply with abuse and neglect registry checks requested by other states; or
        (B) to the United States Department of Health and Human Services for purposes of
 maintaining an electronic national registry of supported or substantiated cases of abuse and
 neglect;
        (iv) to the department, upon the approval of the executive director of the department,
 on a need-to-know basis; [or]
        (v) as provided in Subsection (6) or Section 80-2-1002[.]; or
        (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described
 in Section 80-2-1101.
        (6) (a) The division may allow a division contract provider, court clerk designated by
 the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to
 have limited access to the Management Information System.
        (b) A division contract provider or Indian tribe has access only to information about a
 person who is currently receiving services from the specific contract provider or Indian tribe.
        (c) A court clerk may only have access to information necessary to comply with
 Subsection 78B-7-202(2).
        (d) (i) The Office of Guardian Ad Litem may only access:
        (A) the information that is entered into the Management Information System on or after
 July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is
 appointed by a court to represent the interests of the child; or
        (B) any abuse or neglect referral about a child or family where the office has been
 appointed by a court to represent the interests of the child, regardless of the date that the
 information is entered into the Management Information System.
        (ii) The division may use the information in the Management Information System to
 screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the
 Office of Guardian Ad Litem.
        (e) A contract provider or designated representative of the Office of Guardian Ad
                                                       -7-
       S.B. 56
                                                                                        Enrolled Copy
 Litem or an Indian tribe who requests access to information contained in the Management
 Information System shall:
          (i) take all necessary precautions to safeguard the security of the information contained
 in the Management Information System;
          (ii) train its employees regarding:
          (A) requirements for protecting the information contained in the Management
 Information System under this chapter and under Title 63G, Chapter 2, Government Records
 Access and Management Act; and
          (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper
 release of information; and
          (iii) monitor its employees to ensure that the employees protect the information
 contained in the Management Information System as required by law.
          (7) The division shall take:
          (a) all necessary precautions, including password protection and other appropriate and
 available technological techniques, to prevent unauthorized access to or release of information
 contained in the Management Information System; and
          (b) reasonable precautions to ensure that the division's contract providers comply with
 Subsection (6).
          Section 3. Section 80-2-1101 is amended to read:
          80-2-1101. Citizen review panel -- Child Welfare Improvement Council -- Duties.
          [(1) (a) There is established the Child Welfare Improvement Council composed of no
 more than 25 members who are appointed by the division.]
          [(b) Except as required by Subsection (1)(c), as terms of current council members
 expire, the division shall appoint each new member or reappointed member to a four-year
 term.]
          [(c) Notwithstanding the requirements of Subsection (1)(b), the division shall, at the
 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
                                                      -8-
        Enrolled Copy                                                                               S.B. 56
 council members are staggered so that approximately half of the council is appointed every two
 years.]
           [(d) The council shall have geographic, economic, gender, cultural, and philosophical
 diversity.]
           [(e) When a vacancy occurs in the membership for any reason, the division shall
 appoint the replacement for the unexpired term.]
           [(2) The council shall elect a chairperson from the council's membership at least
 biannually.]
           [(3)] (1) (a) The division may establish one or more citizen review panels to:
           (i) assist and advise the division as determined by the division; and
           (ii) comply with 42 U.S.C. Sec. 5106a(c).
           (b) Each panel shall be composed of volunteer members, including former consumers
 of services, who broadly represent the geographic community or topic area for which the panel
 is established.
           (c) A member [may not receive compensation or benefits for the member's service, but]
 of a citizen review panel may receive per diem and travel expenses in accordance with:
           [(a)] (i) Section 63A-3-106;
           [(b)] (ii) Section 63A-3-107; and
           [(c)] (iii) rules made by the Division of Finance under Sections 63A-3-106 and
 63A-3-107.
           (d) The division shall provide staff to assist a citizen review panel in completing the
 panel's duties.
           (e) (i) A citizen review panel member or division staff assisting a citizen review panel
 may not disclose to a person or government entity identifying information about a specific
 child protection case that is provided to the citizen review panel.
           (ii) A citizen review panel member or division staff member who violates Subsection
 (1)(e)(i) may be subject to a civil fine not to exceed $500 for each violation.
                                                        -9-
        S.B. 56