Child Welfare Services Improvement and Oversight

Utah Code tit. 80, ch. 80-2, pt. 80-2-P11

in effect

Utah Code § 80-2-1101 Citizen review panel -- Child Welfare Improvement Council -- Duties.

80-2-1101. Citizen review panel -- Child Welfare Improvement Council -- Duties. (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 of a citizen review panel may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (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. (2) There is established the Child Welfare Improvement Council as a citizen review panel. (3) The division may designate a child fatality committee, created in Section 26B-1-503, as a citizen review panel. (4) A citizen review panel designated by the division to fulfill the requirements of 42 U.S.C. Sec. 5106a: (a) shall meet at least quarterly; (b) may examine specific cases to evaluate the extent to which an agency is effectively discharging the agency's responsibilities in accordance with the state's plan submitted in accordance with 42 U.S.C. Sec. 5106a(b)(1) and the child protection standards set forth in 42 U.S.C. Sec. 5106a(b); (c) shall annually review findings related to the division made by the Division of Continuous Quality Improvement created in Subsection 26B-1-204(3); and (d) shall facilitate public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community. Amended by Chapter 309, 2023 General Session

Utah Code § 80-2-1102 Performance monitoring system -- Report.

80-2-1102. Performance monitoring system -- Report. (1) As used in this section: (a) "Performance indicators" means actual performance in a program, activity, or other function for which there is a performance standard. (b) "Performance standards" means the targeted or expected level of performance of each area in the child welfare system, including: (i) child protection services; (ii) adoption; (iii) in-home services; (iv) foster care; (v) other substitute care. (vi) qualitative case review; and (vii) case review process. (2) (a) The division shall create performance standards. (b) The division may not amend performance standards unless the amendment is: (i) necessary and proper for the effective administration of the division; or (ii) necessary to comply with, or implement changes in, the law. (c) Before amending the performance standards, the division shall provide written notice of the proposed amendment to the council. (d) The notice described in Subsection (2)(c) shall include: (i) the proposed amendment; (ii) a summary of the reason for the proposed amendment; and (iii) the proposed effective date of the amendment. (e) Within 45 days after the day on which the division provides the notice described in Subsection (2)(c) to the council, the council shall provide to the division written comments on the proposed amendment. (f) The division may not implement a proposed amendment to the performance standards until the earlier of: (i) seven days after the day on which the division receives the written comments regarding the proposed change described in Subsection (2)(e); or (ii) 52 days after the day on which the division provides the notice described in Subsection (2)(c) to the council. (g) The division shall: (i) give full, fair, and good faith consideration to all comments and objections received from the council; (ii) notify the council in writing of: (A) the division's decision regarding the proposed amendment; and (B) the reasons that support the decision; (iii) include complete information on all amendments to the performance standards in the report described in Subsection (4); and (iv) post the changes on the division's website. (3) The division shall maintain a performance monitoring system to regularly: (a) collect information on performance indicators; and (b) compare performance indicators to performance standards. (4) Before January 1 of each year, the director shall submit a written report to the Child Welfare Legislative Oversight Panel and the Social Services Appropriations Subcommittee that includes: (a) a comparison between the performance indicators for the prior fiscal year and the performance standards; (b) for each performance indicator that does not meet the performance standard: (i) the reason the standard was not met; (ii) the measures that need to be taken to meet the standard; and (iii) the division's plan to comply with the standard for the current fiscal year; (c) data on the extent to which new and experienced division employees have received training under statute, administrative rule, and division policy; and (d) an analysis of the use and efficacy of in-home services, both before and after removal of a child from the child's home. Amended by Chapter 287, 2022 General Session Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-1103 Annual review of child welfare referrals and cases by department -- Review by legislative auditor general -- Reports.

80-2-1103. Annual review of child welfare referrals and cases by department -- Review by legislative auditor general -- Reports. (1) The division shall use principles of quality management systems, including statistical measures of processes of service, and the routine reporting of performance data to employees. (2) (a) The department shall: (i) develop quantifiable outcome measures and performance measures in accordance with Section 80-2-1102; and (ii) annually review a randomly selected sample of child welfare referrals to and cases handled by the division. (b) In conducting the review described in Subsection (2)(a)(ii), the department shall: (i) assess whether the division is adequately protecting children and providing appropriate services to families, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights; and (ii) focus directly on the outcome of cases to children and families, and not simply on procedural compliance with specified criteria. (c) The department shall report on the review described in Subsection (2)(a) to the legislative auditor general and the Child Welfare Legislative Oversight Panel. (d) Information obtained as a result of the review described in Subsection (2)(a) shall be provided to child welfare caseworkers, supervisors, and division personnel involved in the respective cases, for purposes of education, training, and performance evaluation. (3) The review and report to the legislative auditor general and the Child Welfare Legislative Oversight Panel under Subsection (2) shall include: (a) the criteria used by the department in making the evaluation; (b) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed in each sample case; (c) findings regarding whether, in each sample case, referrals, removals, or cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided to families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and division rule; (d) an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; and (e) an assessment of the appropriateness of the division's assignment of priority. (4) (a) In addition to the review under Subsection (2), the legislative auditor general shall audit, subject to the prioritization of the Legislative Audit Subcommittee, a sample of child welfare referrals to and cases handled by the division and report the findings to the Child Welfare Legislative Oversight Panel. (b) An audit under Subsection (4)(a) may be initiated by: (i) the Audit Subcommittee of the Legislative Management Committee; (ii) the Child Welfare Legislative Oversight Panel; or (iii) the legislative auditor general, based on the results of the executive director's review under Subsection (2). (c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor General's report may include: (i) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed by the division and the division's employees; (ii) a determination regarding whether referrals, removals, and cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided for families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child, Chapter 3, Abuse, Neglect, and Dependency Proceedings, Chapter 4, Termination and Restoration of Parental Rights, and division rule; (iii) an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; (iv) an assessment of the appropriateness of the division's assignment of priority; (v) a determination regarding whether the department's review process is effecting beneficial change within the division and accomplishing the mission established by the Legislature and the department for that review process; and (vi) findings regarding any other issues identified by the auditor or others under this Subsection (4). Renumbered and Amended by Chapter 334, 2022 General Session

Utah Code § 80-2-1104 Child protection ombudsman -- Responsibility -- Authority -- Report.

80-2-1104. Child protection ombudsman -- Responsibility -- Authority -- Report. (1) As used in this section: (a) "Complainant" means a person who initiates a complaint with the ombudsman. (b) "Complaint" means a complaint regarding an act or omission by the division with respect to a particular child or parent. (c) "Ombudsman" means the child protection ombudsman created under this section. (2) (a) There is created within the department the position of child protection ombudsman. (b) The director of the Division of Customer Experience within the department shall: (i) select an ombudsman who has: (A) recognized executive and administrative capacity; and (B) experience in child welfare, and in state laws and policies governing abused, neglected, and dependent children; and (ii) select the ombudsman solely with regard to qualifications and fitness to discharge the duties of the ombudsman. (3) The ombudsman shall: (a) unless the ombudsman decides not to investigate the complaint, upon receipt of a complaint, investigate whether an act or omission of the division with respect to a particular child or parent: (i) is contrary to statute, rule, or policy; (ii) places a child's health or safety at risk; (iii) is made without an adequate statement of reason; or (iv) is based on irrelevant, immaterial, or erroneous grounds; (b) notify the complainant and the division of: (i) the ombudsman's decision to investigate or not investigate the complaint; and (ii) if the ombudsman decides not to investigate the complaint, the reason for the decision; (c) if the ombudsman finds that a person's act or omission violates state or federal criminal law, immediately report the finding to the appropriate county or district attorney or to the attorney general; (d) immediately notify the division if the ombudsman finds that a child needs protective custody; (e) prepare a written report of the findings and recommendations, if any, of each investigation; (f) make recommendations to the division if the ombudsman finds that: (i) a matter should be further considered by the division; (ii) an administrative act should be addressed, modified, or canceled; (iii) action should be taken by the division with regard to one of the division's employees; or (iv) any other action should be taken by the division; (g) subject to the other provisions of this Subsection (3), in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern the following: (i) receiving and processing a complaint; (ii) notifying a complainant and the division regarding a decision to investigate or to decline to investigate a complaint; (iii) prioritizing workload; (iv) maximum time within which an investigation is required to be completed; (v) conducting an investigation; (vi) notifying a complainant and the division regarding the results of an investigation; and (vii) making recommendations based on the findings and results of investigations; (h) within appropriations from the Legislature, employ staff as may be necessary to carry out the ombudsman's duties under this section; (i) provide information regarding the role, duties, and functions of the ombudsman to public agencies, private entities, and individuals; (j) provide on the ombudsman's website, in a form that is easily accessible, information about the fundamental rights of a parent and child and the responsibility of the state in a child welfare matter as described in Section 80-2a-201; and (k) as appropriate, make recommendations to the division regarding individual child welfare cases, and the rules, policies, and operations of the division. (4) (a) The ombudsman may: (i) decline to investigate a complaint or continue an investigation of a complaint; (ii) conduct an investigation on the ombudsman's own initiative; (iii) conduct further investigation upon the request of the complainant or upon the ombudsman's own initiative; and (iv) advise a complainant to pursue administrative remedies or channels of a complaint before pursuing a complaint with the ombudsman. (b) Subsection (4)(a)(iv) does not prevent a complainant from making a complaint directly to the ombudsman before pursuing an administrative remedy. (5) (a) A record of the ombudsman regarding an individual child welfare case shall be classified in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act. (b) The ombudsman shall have access to all of the department's written and electronic records and databases, including those regarding individual child welfare cases. (c) In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the ombudsman shall maintain the same classification that was designated by the department. (6) (a) On or before October 1 of each year, the ombudsman shall provide a written report to the Child Welfare Legislative Oversight Panel and the Health and Human Services Interim Committee. (b) The written report described in Subsection (6)(a) shall include: (i) the total number of complaints filed with the ombudsman; (ii) the number of complaints the ombudsman investigated; (iii) reoccurring themes among complaints, if any; and (iv) any recommendations regarding policies or procedures of the division or the position of the ombudsman. Amended by Chapter 17, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter2/80-2-P11.html?v=C80-2-P11_2022050420220901Fetched: 10/26/2026