No. 32906 (Amendment): Rule R512-60. Children's Trust Account

(Amendment)

DAR File No.: 32906
Filed: 08/27/2009 03:06:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to omit the reference to the Board of Child and Family Services per H.B. 306 from the 2009 Legislative General Session, adds the statutory authority for Child and Family Services to perform rulemaking tasks, and makes minor grammatical and formatting changes. (DAR NOTE: H.B. 306 (2009) is found at Chapter 75, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

The proposed changes to this rule delete the reference to the Board of Child and Family Services, add the statutory authority citation allowing Child and Family Services to perform rulemaking duties, and make minor grammatical and formatting changes for consistency purposes.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-102
• Section 62A-4a-305
• Section 62A-4a-309
• Section 62A-4a-310
• Section 62A-4a-311

Anticipated cost or savings to:

the state budget:

There will be no increase in costs or savings to the state budget because it was determined that these proposed changes clarify practice, but do not increase workload that would require additional staff or other costs.

local governments:

There will be no increase in costs or savings to local government because it was determined that this rule does not apply to local government.

small businesses:

There will be no increase in costs or savings to small businesses because it was determined that this rule does not apply to small businesses.

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

There will be no increase in costs or savings to persons other than small businesses, businesses, or local government entities because it was determined that this rule does not apply to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule.

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

There will be no cost or savings on businesses.

Lisa-Michele Church, Executive Director

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

Human Services
Child and Family Services
120 N 200 W
SALT LAKE CITY, UT 84103-1500

Direct questions regarding this rule to:

• Carol Miller at the above address, by phone at 801-557-1772, by FAX at 801-538-3993, 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:

10/15/2009

This rule may become effective on:

10/22/2009

Authorized by:

Duane Betournay, Director

RULE TEXT

R512. Human Services, Child and Family Services.

R512-60. Children's Trust Account.

R512-60-1. Purpose, Authority, Definitions, and Scope.

(1) [Purpose and Authority.]The purpose of this rule is to specify the requirements for carrying out the purposes of the Children's Trust Account, with the funding specified in Section 62A-4a-309.

(2) This rule is authorized by Section 62A-4a-102.[This rule, authorized by subsection 62A-4a-303(6), specifies requirements for carrying out the purposes of the Children's Trust Account, with the funding specified in Section 62A-4a-309.]

(3)[(2)] Definitions. For the purposes of this section:

(a) "Administrator" means the employee of [the Division of ]Child and Family Services appointed by the Director to administer the Children's Trust Account.[

(b) "Board" means the Board of Child and Family Services.]

(b) "Child and Family Services" means the Division of Child and Family Services.

(c)[(d)] "Council" means the Child Abuse Advisory Council established under Section 62A-4a-311.

(d)[(c)] "Director" means Director of [the Division of ]Child and Family Services.

(4)[(3)] Scope . Funds from the Children's Trust Account shall be used for community-based education, service, and treatment programs to prevent the occurrence and recurrence of child abuse and neglect, as specified in 62A-4a-305.

R512-60-2. Functions of the Council.

[In addition to the functions specified in Subsection 62A-4a-311(5), t]The Council shall advise [the Board and ]the Director regarding policies and procedures for the administration of the Children's Trust Account.

R512-60-3. Conflict of Interest.

(1) A Council member affiliated with an organization bidding for a trust account contract shall openly declare this conflict of interest.

(2) A Council member with a conflict of interest shall be excused from the discussion, consideration, or voting on any project or proposal in which the Council member has an affiliation.

(3) A Council member shall not exert undue influence or make any requests for favored consideration from the Council[, the Board,] or Child and Family Services[the Division] to receive a contract award from the State.

R512-60-4. Responsibilities of the Director.

In addition to the responsibilities defined in Section 62A-4a-303, the Director shall:

(1) [d]Designate a staff member to serve as the Administrator of the Children's Trust Account and as the liaison with the Council .[; and]

(2) [r]Review policies and procedures regarding the administration of the Children's Trust Account which have been developed by the Council.

(3) Hold a public hearing for comments on the Children's Trust Account allocation plan and prevention priorities. This shall meet the requirement of Section 62A-4a-306 requiring public comments on the specific program or service.

(4) Approve the allocation plan and prevention priorities prior to implementation.

(5) Approve policies of the Children's Trust Account.

[ R512-60-5. Responsibilities of the Board.

(1) The Board shall hold a public hearing for comments on the Children's Trust Account allocation plan and prevention priorities. This shall meet the requirement of Section 62A-4a-306 requiring public comments on the specific program or service.

(2) The Board shall approve the allocation plan and prevention priorities prior to implementation.

(3) The Board shall approve policies of the Children's Trust Account.

] R512-60- 5 [ 6 ]. Proposal Requirements.

(1) A request for proposals (RFP s) shall be developed by the Administrator based upon the approved allocation plan and prevention priorities, and in accordance with State Purchasing Guidelines. The request for proposals shall specify the purposes and eligibility requirements for projects or programs to be funded through the Children's Trust Account. The proposal requirements may vary from year to year.

(2) The Administrator shall widely disseminate the RFPs[request for proposals]. Project or program proposals shall be submitted as specified in the RFP s.

R512-60- 6 [ 7 ]. Funding Limitations and Requirements.

(1) Funding for individual projects shall be at least $4,000[$1,000] and shall not exceed $20,000 per year, and may have the option of being renewed according to the terms of the request for proposals. The [Board]Director may approve a funding level, recommended by the Council, which varies from this requirement for a program or project serving a geographical area encompassing more than one community or for a program or project of exceptional merit. If unobligated account revenues for a given year are less than $50,000, the Council may forego the RFP process for that year.

(2) Each program or project funded through the Children's Trust Account shall provide a dollar for dollar match from private or local government sources.

(a) In-kind contributions may be used as part of the local match requirement. No more than 50% of the local match requirement may be in-kind.

(b) Items that may be used as in-kind match are contributed services of support personnel, office space, furniture and equipment, utility costs, vehicles, contributed services of professional personnel including physicians, nurses, social workers, psychologists, educators, public accountants, and lawyers who are performing services for which they would normally be paid. The source of original funding for this in-kind match shall not be state or federal monies.

(3) Of the total monies available for allocation in the Children's Trust Account, 10% to 15% shall be for statewide programs.

(4) The remaining funds shall be awarded according to the allocation plan approved by the [Board]Director. This plan shall be based on monies available for allocation, the population percentage count by area, and a base amount of $1,000 to $2,000 recommended by the Children's Trust Fund Administrator.

R512-60- 7 [ 8 ]. Procedures in Selecting Programs or Projects to be Supported by the Children's Trust Account.

(1) Proposals received by [the Division]Child and Family Services in response to the [request for proposals (]RFP s[)] shall be reviewed according to the criteria specified in the RFP s, consistent with Section 62A-4a-307.

(2) The Administrator or [Division regional]Child and Family Services contract monitors shall negotiate contracts with successful offerors, based on State Purchasing Guidelines.

R512-60- 8 [ 9 ]. Evaluation.

(1)[.] Each program or project funded through the Children's Trust Account shall be evaluated at least once each year to determine if the purposes and goals of the project have been met. This evaluation may be done by personnel within [the Division]Child and Family Services or by contract with a qualified individual, non-profit organization , or agency. The evaluation shall be completed at least 60 working days prior to the end of the contract year. A copy of the written evaluation shall be sent to the Administrator who will provide evaluation information to the Council.

(2)[.] If the Director contracts for evaluation services, the contract may not exceed $500 per grantee per year.

R512-60- 9 [ 10 ]. Research.

(1) Children's Trust Account funds may be used for research programs consistent with Section 62A-4a-305 at funding levels the [Board and ]Council deem s appropriate. Basic or applied research programs or projects that provide empirical data to support efforts to prevent the occurrence or recurrence of child abuse and neglect in any of its basic forms, including physical abuse, neglect or abandonment, sexual maltreatment, psychological abuse, or educational or medical neglect, may be funded.

KEY: child welfare, child abuse, children's trust account[ * ]

Date of Enactment or Last Substantive Amendment: [ July 1, 1997 ] 2009

Notice of Continuation: January 3, 2007

Authorizing, and Implemented or Interpreted Law: 62A-4a-102; 62A-4a-305; 62A-4a-309; 62A-4a-310; 62A-4a-311

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