No. 27518 (New Rule): R19-1. Parental Defense Counsel Training

DAR File No.: 27518
Filed: 11/01/2004, 02:51
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This new rule establishes the responsibility of the Office of Child Welfare Parental Defense in developing and implementing a comprehensive education program for parental defense attorneys as provided for by Section 63A-11-107 (2004) and to ensure that parental defense training includes opportunities for job orientation, skill and knowledge acquisition, and professional development.

 

Summary of the rule or change:

This rule allows the Director of the Office of Parental Defense to implement and oversee training programs for parental defense attorneys.

 

State statutory or constitutional authorization for this rule:

Section 63A-11-107

 

Anticipated cost or savings to:

the state budget:

Training for about 50 attorneys will cost about $10,000 in lodging, meals, consultation, and speakers. This cost would be largely assumed by the Office of Child Welfare Parental Defense.

 

local governments:

Local government is generally not required by contract to pay for travel costs for parental defenders. Therefore, there is no anticipated cost or savings for local governments.

 

other persons:

Participating parental defenders or their contracting counties would be required to pay mileage and other travel-related expenses for the May 2005 conference in Park City. Mileage for most of the 57 participants would be about $20 - $40. Participants will also pay an activity fee of $25 - $50.

 

Compliance costs for affected persons:

Because this involves training, no compliance costs are foreseen.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have negligible, if any, fiscal impact on businesses.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Child Welfare Parental Defense (Office of)
Room 5110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY 84114

 

Direct questions regarding this rule to:

Pam Blackham or Alicia Davis at the above address, by phone at 801-538-3458 or 801-538-3458, by FAX at 801-538-3644 or 801-538-3644, or by Internet E-mail at [e-mail] or [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2004

 

This rule may become effective on:

12/16/2004

 

Authorized by:

Alicia Davis, Director

 

 

RULE TEXT

R19. Administrative Services, Child Welfare Parental Defense (Office of).

R19-1. Parental Defense Counsel Training.

R19-1-1. Authority.

(1) This rule is made under authority of Subsection 63A-11-202(3).

 

R19-1-2. Purpose.

(1) In accordance with Section 63A-11-202, these training standards are provided for parental defenders acting pursuant to a county contract or a contract with this office.

 

R19-1-3. Definitions.

As per Section 63A-11-102, the following terms are used for the purpose of this rule.

(1) "Child welfare case" means a proceeding under Title 78, Chapter 3a, Juvenile Courts, Parts 3 or 4.

(2) "Child welfare teams" means district teams consisting generally of a judge, an assistant attorney general, a representative of the Division of Child and Family Services, a guardian ad litem and one or more court representatives.

(3) "Office" means the Office of Child Welfare Parental Defense.

(4) "Parental Defender" means a defense attorney who has contracted with the office or local county to provide parental defense services pursuant to Section 63A-11-102 et seq.

 

R19-1-4. Core Training.

(1) Parental defenders shall complete the core training course provided by the Office of Child Welfare Parental Defense prior to receiving an appointment by a juvenile court judge. The core training shall consist of at least eight hours of training which may include, but is not limited to the following topics:

(a) Relevant state law, federal law, case law and rules in family preservation and child welfare;

(b) The "Practice Model" of the Division of Children and Family Services;

(c) Attorney roles and responsibilities, including ethical considerations

(d) Dynamics of abuse and neglect; and

(e) Preserving and protecting parents' rights in juvenile court.

 

R19-1-5. Continuing Training.

(1) Each calendar year thereafter, a contracted parental defender shall complete at least eight hours of continuing legal education courses. The continuing legal education can consist of, but is not limited to, the core training topics listed in Section 4 above or any of these additional topics:

(a) Family dynamics;

(b) Substance abuse, domestic violence and mental health issues;

(c) Grief and attachment;

(d) Custody and parent-time;

(e) Resources and services;

(f) District-specific child welfare issues requiring resolution as identified by the district's lead judge or child welfare team; and

(g) Trial and appellate advocacy.

 

KEY: child welfare, parental defense

2004

63A-11-107