State Codes and Statutes
Statutes > Utah > Title-62a > Chapter-04a > 62a-4a-20762A-4a-207. Legislative Oversight Panel -- Responsibilities.
(1) (a) There is created the Child Welfare Legislative Oversight Panel composed of thefollowing members:
(i) two members of the Senate, one from the majority party and one from the minorityparty, appointed by the president of the Senate; and
(ii) three members of the House of Representatives, two from the majority party and onefrom the minority party, appointed by the speaker of the House of Representatives.
(b) Members of the panel shall serve for two-year terms, or until their successors areappointed.
(c) A vacancy exists whenever a member ceases to be a member of the Legislature, orwhen a member resigns from the panel. Vacancies shall be filled by the appointing authority,and the replacement shall fill the unexpired term.
(2) The president of the Senate shall designate one of the senators appointed to the panelunder Subsection (1) as the Senate chair of the panel. The speaker of the House ofRepresentatives shall designate one of the representatives appointed to the panel underSubsection (1) as the House chair of the panel.
(3) The panel shall follow the interim committee rules established by the Legislature.
(4) The panel shall:
(a) examine and observe the process and execution of laws governing the child welfaresystem by the executive branch and the judicial branch;
(b) upon request, receive testimony from the public, the juvenile court, and from all stateagencies involved with the child welfare system, including the division, other offices andagencies within the department, the attorney general's office, the Office of Guardian Ad Litem,and school districts;
(c) before October 1 of each year, receive reports from the division, the attorney general,and the judicial branch identifying the cases not in compliance with the time limits established inSection 78A-6-309, regarding pretrial and adjudication hearings, Section 78A-6-312, regardingdispositional hearings and reunification services, and Section 78A-6-314, regarding permanencyhearings and petitions for termination, and the reasons for the noncompliance;
(d) receive recommendations from, and make recommendations to the governor, theLegislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenilecourt, and the public;
(e) (i) receive reports from the executive branch and the judicial branch on budgetaryissues impacting the child welfare system; and
(ii) recommend, as the panel considers advisable, budgetary proposals to the Health andHuman Services Appropriations Subcommittee and the Executive Offices and Criminal JusticeAppropriations Subcommittee, which recommendation should be made before December 1 ofeach year;
(f) study and recommend proposed changes to laws governing the child welfare system;
(g) study actions the state can take to preserve, unify, and strengthen the child's familyties whenever possible in the child's best interest, including recognizing the constitutional rightsand claims of parents whenever those family ties are severed or infringed;
(h) perform such other duties related to the oversight of the child welfare system as thepanel considers appropriate; and
(i) annually report the panel's findings and recommendations to the president of the
Senate, the speaker of the House of Representatives, the Health and Human Services InterimCommittee, and the Judiciary Interim Committee.
(5) (a) The panel has authority to review and discuss individual cases.
(b) When an individual case is discussed, the panel's meeting may be closed pursuant toTitle 52, Chapter 4, Open and Public Meetings Act.
(c) When discussing an individual case, the panel shall make reasonable efforts toidentify and consider the concerns of all parties to the case.
(6) (a) The panel has authority to make recommendations to the Legislature, thegovernor, the Board of Juvenile Court Judges, the division, and any other statutorily createdentity related to the policies and procedures of the child welfare system. The panel does not haveauthority to make recommendations to the court, the division, or any other public or privateentity regarding the disposition of any individual case.
(b) The panel may hold public hearings, as it considers advisable, in various locationswithin the state in order to afford all interested persons an opportunity to appear and present theirviews regarding the child welfare system in this state.
(7) (a) All records of the panel regarding individual cases shall be classified private, andmay be disclosed only in accordance with federal law and the provisions of Title 63G, Chapter 2,Government Records Access and Management Act.
(b) The panel shall have access to all of the division's records, including those regardingindividual cases. In accordance with Title 63G, Chapter 2, Government Records Access andManagement Act, all documents and information received by the panel shall maintain the sameclassification that was designated by the division.
(8) In order to accomplish its oversight functions, the panel has:
(a) all powers granted to legislative interim committees in Section 36-12-11; and
(b) legislative subpoena powers under Title 36, Chapter 14, Legislative SubpoenaPowers.
(9) Members of the panel shall receive salary and expenses in accordance with Section36-2-2.
(10) (a) The Office of Legislative Research and General Counsel shall provide staffsupport to the panel.
(b) The panel is authorized to employ additional professional assistance and other staffmembers as it considers necessary and appropriate.
Amended by Chapter 323, 2010 General Session
