No. 43705 (Repeal): Rule R19-1. Parental Defense Counsel Training

(Repeal)

DAR File No.: 43705
Filed: 05/07/2019 12:02:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In the 2019 General Session, S.B. 251 changed the administration of the Child Welfare Parental Defense Program from the Department of Administrative Services to the Commission on Criminal and Juvenile Justice. Therefore, the Department of Administrative Services is repealing this rule.

Summary of the rule or change:

The Department of Administrative Services is repealing this rule in its entirety because the administration of this rule was moved to the Commission on Criminal and Juvenile Justice by S.B. 251 (2019).

Statutory or constitutional authorization for this rule:

• Section 52-4-207
• Section 63A-1-105
• Section 63A-1-105.5
• Section 63A-11-2
• Section 63A-11-107

Anticipated cost or savings to:

the state budget:

There is no fiscal impact to the state budget. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice.

local governments:

There is no fiscal impact to local governments. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice.

small businesses:

There is no fiscal impact to small businesses. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice.

persons other than small businesses, businesses, or local governmental entities:

There is no fiscal impact to other persons. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The administration of this rule is just moving to the Commission on Criminal and Juvenile Justice.

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

I have reviewed the reasons the Department of Administrative Services is filing a repeal of this rule and believe this repeal is reasonable and warranted.

Tani Downing, Executive Director

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

Administrative Services
Child Welfare Parental Defense (Office of)
Room 3120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• John Reidhead at the above address, by phone at 801-538-3095, by FAX at 801-538-3244, or by Internet E-mail at [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:

07/01/2019

This rule may become effective on:

07/08/2019

Authorized by:

John Reidhead, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

This rule change will have no effect on non-small businesses.

 

The head of the Department of Administrative Services, Tani Downing, has reviewed and approved this fiscal analysis.

 

 

[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 78A, Chapter 6, Juvenile Courts, Parts 3 or 5.

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

(3) "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 unless the Office determines that the defender has equivalent training and experience. 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) Trial and appellate advocacy;

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

(c) Grief and attachment;

(d) Custody and parent-time;

(e) Resources and services;

(f) Child development and communications;

(g) Medical issues in child welfare; and

(h) District-specific child welfare issues requiring resolution as identified by the district's judges or other actors in the child welfare system.

 

R19-1-6. Child Welfare Parental Defense Oversight Committee.

(1) This section establishes the Child Welfare Parental Defense Oversight Committee to advise the Office of Child Welfare Parental Defense, under the authority of Section 63A-1-105.5.

(2) The committee shall be composed of seven members as follows:

(a) the executive director of the Department of Administrative Services or the director's designee;

(b) a member from of the Legislature appointed jointly by the Speaker of the House and the President of the Senate;

(c) the Juvenile Court administrator or the administrator's designee;

(d) the executive director of the Commission on Criminal and Juvenile Justice or the director's designee; and

(e) three public members appointed by the executive director of the Department of Administrative Services.

(3)(a) the executive director of the Department of Administrative Services shall appoint each public member to a four-year term.

(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(4) Four members of the committee are a quorum.

(5) The executive director of the Department of Administrative Services or the director's designee is chair of the committee.

 

R19-1-7. Electronic Meetings.

(1) Section 52-4-207 requires any public body that convenes or conducts an electronic meeting to establish written procedures for such meetings. This rule establishes procedures for conducting meetings of the Child Welfare Parental Defense Oversight Committee.

(2) These procedures established under the authority of Sections 52-4-207 and 63A-1-105.5.

(3) The following provisions govern any meeting at which one or more Committee members appear telephonically or electronically pursuant to Section 52-4-207.

(a) If one or more members of the Committee may participate electronically or telephonically, public notice of the meeting shall so indicate. In addition, the notice shall specify the anchor location where the members of the Committee not participating electronically or telephonically will be meeting and where interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

(b) Notice of the meeting and the agenda shall be posted at the anchor location. Written or electronic notice shall also be provided to at least one newspaper of general circulation within the state and to a local media correspondent. These notices shall be provided at least 24 hours before the meeting.

(c) Notice of the possibility of an electronic meeting shall be given to the Committee members at least 24 hours before the meeting. In addition, the notice shall describe how a Committee Member may participate in the meeting electronically or telephonically.

(d) When notice is given of the possibility of a Committee member appearing electronically or telephonically, any Committee member may do so and shall be counted as present for the purposes of a quorum and may fully participate and vote on any matter coming before the Committee. At the commencement of the meeting, or at such a time as any Committee member initially appears electronically or telephonically, the chair shall identify for the record all those who are appearing telephonically or electronically. Votes by members of the Committee who are not at the physical location of the meeting shall be confirmed by the Chair.

(e) The anchor location, unless otherwise designated in the notice, shall be at the offices of the Department of Administrative Services, 3132 State Office Building, Salt Lake City, Utah 84114. The anchor location is the physical location from which the electronic meeting originates or from where the participants are connected. In addition, the anchor location shall have space and facilities so that interested persons and the public may attend, monitor, and participate in the open portions of the meeting.

 

KEY: child welfare, parental defense, electronic meetings

Date of Enactment or Last Substantive Amendment: January 12, 2012

Notice of Continuation: May 21, 2014

Authorizing, and Implemented or Interpreted Law: 52-4-207; 63A-1-105; 63A-1-105.5; 63A-11-2; 63A-11-107]

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