No. 35205 (Amendment): Section R19-1-6. Child Welfare Parental Defense Oversight Committee

(Amendment)

DAR File No.: 35205
Filed: 09/01/2011 08:40:37 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment establishes the Child Welfare Parental Defense Oversight Committee to advise the Office of Child Welfare Parental Defense.

Summary of the rule or change:

Establishes composition and terms of membership of the committee.

State statutory or constitutional authorization for this rule:

• Section 63A-1-105.5
• Section 63A-11-2

Anticipated cost or savings to:

the state budget:

There may be a small cost to the state budget as per diems may be paid to committee members. An exact amount cannot be determined as it is unknown how many times the committee will meet or how many members of the committee will choose to accept their per diems.

local governments:

The purpose of the committee is to advise the Office of Child Welfare Parental Defense, a state agency. Local governments neither receive advice from nor provide members to the committee. As a result, there are no costs or savings to local governments associated with this amendment.

small businesses:

The purpose of the committee is to advise the Office of Child Welfare Parental Defense, a state agency. Small businesses neither receive advice from nor provide members to the committee, except possibly where a business person is appointed to the committee. As a result, there are likely no costs or savings to small businesses associated with this amendment. There is the possibility of some opportunity cost for the public members of the committee but these are unlikely.

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

The purpose of the committee is to advise the Office of Child Welfare Parental Defense, a state agency. Other persons neither receive advice from nor provide members to the committee, except possibly where a person from the public is appointed as a member of the committee. As a result, there are likely no costs or savings to small businesses associated with this amendment. There is the possibility of some opportunity cost for the public members of the committee but these are unlikely.

Compliance costs for affected persons:

The text simply outlines the committee's composition and how committee members are appointed. There are no provisions that require compliance.

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

The rule has no impact on businesses.

Kimberly K. Hood, Executive Director

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 3120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Sal Petilos at the above address, by phone at 801-538-3091, by FAX at 801-538-3844, 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:

10/17/2011

This rule may become effective on:

10/24/2011

Authorized by:

Sal Petilos, Deputy Director

RULE TEXT

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

R19-1. Parental Defense Counsel Training.

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.

 

KEY: child welfare, parental defense

Date of Enactment or Last Substantive Amendment: [May 13, 2005]2011

Notice of Continuation: October 21, 2009

Authorizing, Implemented, or Interpreted Law: 63A-1-105.5; 63A-11-2; 63A-11-107

 

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