No. 35931 (Amendment): Rule R512-60. Children's Trust Account

(Amendment)

DAR File No.: 35931
Filed: 03/15/2012 11:31:02 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being revised to bring the rule in line with current statute and change funding language around availability of funds.

Summary of the rule or change:

The proposed rule changes the name from the Children's Trust Account to the Children's Account per S.B. 191 of the 2010 General Session of the Utah State Legislature, strengthens conflict of interest language, adds cash-match provisions contained in statute, and changes funding language around availability of funds.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

There will be no increase in cost or savings to the state budget because these proposed changes update citation information and add rulemaking authority for Child and Family Services, but do not increase workload that would require additional staff or other costs.

local governments:

There may be an increase in costs or savings to local government if there is any change in the amount of match they might have to provide based on the distribution of funds. These amounts cannot be determined until the grant funding is issued by the Council.

small businesses:

There may be an increase in costs or savings to small businesses if there is any change in the amount of match they might have to provide based on the distribution of funds. These amounts cannot be determined until the grant funding is issued by the Council.

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

There may be an increase in costs or savings to persons other than small businesses, businesses, or local government entities if there is any change in the amount of match they might have to provide based on the distribution of funds. These amounts cannot be determined until the grant funding is issued by the Council.

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 costs or savings on businesses.

Palmer DePaulis, 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
195 N 1950 W
SALT LAKE CITY, UT 84116

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]
• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, 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:

05/31/2012

This rule may become effective on:

06/07/2012

Authorized by:

Brent Platt, 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. 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) Authority. This rule is authorized by Section 62A-4a-102.

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

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

(b) "CA" is the Children's Account.

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

(d) "Conflict of Interest"is defined as a situation where a Council member's private or outside economic, social, political, or volunteer interests interfere (or have the potential to, or may appear to, interfere) with that council member's duties and responsibilities.

(e) "Council" means the Child Abuse Advisory Council established under Section 62A-4a-311.

(f) "Director" means Director of Child and Family Services.

(g) "RGA" stands for Request for Grant Application.

(4) Scope. Funds from the CA 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 Section 62A-4a-305.

 

R512-60-2. Functions of the Council.

(1) The Council shall advise Child and Family Services on matters relating to abuse and neglect and recommend how funds contained in the CA should be allocated.

 

R512-60-3. Conflict of Interest.

(1) Child and Family Services shall obtain written disclosure of any potential conflicts of interest from a prospective member prior to appointment to Council membership.

(2) Council members shall provide written disclosure of any potential conflicts of interest to Child and Family Services for annual review and approval.

(3) A Council member affiliated with an individual or organization that may bid on or receive a contract shall immediately provide written disclosure of this potential conflict of interest to Child and Family Services.

(4) Child and Family Services may appoint a prospective member who may have a conflict of interest on condition that they may only participate on the Council as it advises Child and Family Services on matters relating to abuse and neglect. A Council member with a conflict of interest shall not receive any information, nor participate in any discussion, presentation, consideration, or vote regarding the Council's recommendations regarding the allocation of CA funds, including any information related to RGA or contract development or review.

(5) A Council member shall not exert influence or make any requests for favored consideration from any individual on the Council or from Child and Family Services to receive a contract award. Council members participating in the development of fund allocation recommendations or RGA shall keep confidential any information prior to official public release by Child and Family Services.

 

R512-60-4. Responsibilities of the Director.

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

(a) Designate a staff member to serve as the Administrator of the CA and as the liaison with the Council.

(b) Review policies and procedures regarding the administration of the CA which have been developed by the Council.

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

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

(e) Approve policies of the CA.

 

R512-60-5. Proposal Requirements.

(1) A RGA shall be developed by Child and Family Services based upon the approved allocation plan and prevention priorities, and in accordance with State Purchasing Guidelines. RGA shall specify the purposes and eligibility requirements for projects or programs to be funded through the CA. The proposal requirements may vary from year to year.

(2) Child and Family Services shall widely disseminate RGA. Project or program proposals shall be submitted as specified in the RGA.

 

R512-60-6. Funding Limitations and Requirements.

(1) Funding for individual projects shall be recommended by the Council and approved by Child and Family Services based on availability of funds and identified prevention priorities, with consideration for programs or projects that serve the largest portion of the population, serve segments of the population at highest risk for abuse and neglect, or are of exceptional merit as evidence-based or evidence-informed in prevention of abuse or neglect.

(a) Contracts may be renewed according to the terms of the procurement.

(2) Each program or project funded through the CA 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. The entity that receives the statewide evaluation contract is excepted from the cash-match provisions contained in Section 62A-4a-309. Upon recommendation of the executive director and the Council, Child and Family Services may reduce or waive the match requirements for an entity, if Child and Family Services determines that imposing the requirements would prohibit or limit the provisions of services needed in a particular geographic area (Section 62A-4a-309).

(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.

 

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

(1) Proposals received by Child and Family Services in response to the RGA shall be reviewed according to the criteria specified in the RGA, consistent with Section 62A-4a-307.

(2) The Administrator or other Child and Family Services designees shall negotiate contracts with successful offerors based on State Purchasing Guidelines.

 

R512-60-8. Evaluation.

(1) Each program or project funded through the CA 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 Child and Family Services or by contract with a qualified individual, non-profit organization, or agency. A copy of the written evaluation shall be provided to Child and Family Services, who will provide evaluation information to the Council.

 

R512-60-9. Research.

(1) CA funds may be used for research programs consistent with Section 62A-4a-305 at funding levels the Council deems 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.

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

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

(d) "Director" means Director of Child and Family Services.

(4) 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.

The Council shall advise 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 or Child and Family Services 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) Designate a staff member to serve as the Administrator of the Children's Trust Account and as the liaison with the Council.

(2) 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. Proposal Requirements.

(1) A request for proposals (RFPs) 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. Project or program proposals shall be submitted as specified in the RFPs.

 

R512-60-6. Funding Limitations and Requirements.

(1) Funding for individual projects shall be at least $4,000 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 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 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. Procedures in Selecting Programs or Projects to be Supported by the Children's Trust Account.

(1) Proposals received by Child and Family Services in response to the RFPs shall be reviewed according to the criteria specified in the RFPs, consistent with Section 62A-4a-307.

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

 

R512-60-8. 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 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. Research.

(1) Children's Trust Account funds may be used for research programs consistent with Section 62A-4a-305 at funding levels the Council deems 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: [October 22, 2009]2012

Notice of Continuation: September 19, 2011

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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