36-33 - Child Welfare Legislative Oversight Panel

Title 36 > 36-33

Sections (3)

36-33-101 - Definitions.

As used in this chapter: 36-33-101(1) “Department” means the Department of Health and Human Services created in Section 26B-1-201. 36-33-101(2) “Division” means the Division of Child and Family Services created in Section 80-2-201. 36-33-101(3) “Panel” means the Child Welfare Legislative Oversight Panel created in Section 36-33-102.

36-33-102 - Child Welfare Legislative Oversight Panel — Creation — Membership — Interim rules — Per diem — Staff support.

36-33-102(1) There is created the Child Welfare Legislative Oversight Panel composed of the following members:

two members of the Senate, one from the majority party and one from the minority party, appointed by the president of the Senate; and three members of the House of Representatives, two from the majority party and one from the minority party, appointed by the speaker of the House of Representatives. 36-33-102(2) The president of the Senate shall designate one of the senators appointed to the panel under Subsection (1) as the Senate chair of the panel. The speaker of the House of Representatives shall designate one of the representatives appointed to the panel under Subsection (1) as the House chair of the panel. 36-33-102(3) A member of the panel shall serve for two-year terms, or until the member’s successor is appointed. A vacancy occurs when a member ceases to be a member of the Legislature, or when a member resigns from the panel. If a vacancy occurs in the membership of the panel, the replacement shall be appointed for the unexpired term in the same manner as the vacated member was appointed. 36-33-102(4) The panel shall follow the interim committee rules established by the Legislature. 36-33-102(5) A member of the panel who is a legislator may be compensated in accordance with Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. 36-33-102(6) The Office of Legislative Research and General Counsel shall provide staff support to the panel. The panel is authorized to employ additional professional assistance and other staff members as the panel considers necessary and appropriate.

36-33-103 - Panel powers and duties — Record access and confidentiality.

36-33-103(1) The panel shall:examine and observe the process and execution of laws governing the child welfare system by the executive branch and the judicial branch;upon request, receive testimony from the public, the juvenile court, or a state agency involved with the child welfare system, including the division, another office or agency within the department, the attorney general, the Office of Guardian Ad Litem, or a school district;before October 1 of each year, receive a report from the Administrative Office of the Courts identifying the cases not in compliance with the time limits established in the following sections, and the reasons for noncompliance:Subsection 80-3-301(1), regarding shelter hearings;Section 80-3-401, regarding pretrial and adjudication hearings;Section 80-3-402, regarding dispositional hearings;Section 80-3-406, regarding reunification services; andSection 80-3-409, regarding permanency hearings and petitions for termination;receive recommendations from, and make recommendations to the governor, the Legislature, the attorney general, the division, the Office of Guardian Ad Litem, the juvenile court, and the public;receive reports from the division and the Administrative Office of the Courts on budgetary issues impacting the child welfare system; andbefore December 1 of each year, recommend, as the panel considers advisable, budgetary proposals to the Social Services Appropriations Subcommittee and the Criminal Justice Appropriations Subcommittee;study and recommend changes to laws governing the child welfare system;study actions the state can take to preserve, unify, and strengthen the child’s family ties whenever possible in the child’s best interest, including recognizing the constitutional rights and claims of parents if those family ties are severed or infringed;perform other duties related to the oversight of the child welfare system as the panel considers appropriate; andannually report the panel’s findings and recommendations to the president of the Senate, the speaker of the House of Representatives, the Health and Human Services Interim Committee, and the Judiciary Interim Committee. 36-33-103(2) The panel may:review and discuss individual child welfare cases;make recommendations to the Legislature, the governor, the Board of Juvenile Court Judges, the division, and any other statutorily created entity related to the policies and procedures of the child welfare system; andhold public hearings, as the panel considers advisable, in various locations within the state to afford all interested persons an opportunity to appear and present the persons’ views regarding the child welfare system.If the panel discusses an individual child welfare case, the panel shall close the panel’s meeting in accordance with Title 52, Chapter 4, Open and Public Meetings Act.If the panel discusses an individual child welfare case, the panel shall make reasonable efforts to identify and consider the concerns of all parties to the case.The panel may not make recommendations to the court, the division, or any other public or private entity regarding the disposition of an individual child welfare case. 36-33-103(3) A record of the panel regarding an individual child welfare case:is classified as private under Section 63G-2-302; andmay be disclosed only in accordance with federal law and Title 63G, Chapter 2, Government Records Access and Management Act.The panel shall have access to all of the division’s records, including records regarding individual child welfare cases.In accordance with Title 63G, Chapter 2, Government Records Access and Management Act, all documents and information received by the panel from the division shall maintain the same classification under Title 63G, Chapter 2, Government Records Access and Management Act, that was designated by the division. 36-33-103(4) In order to accomplish the panel’s oversight functions under this section, the panel has:all powers granted to legislative interim committees in Section 36-12-11; andlegislative subpoena powers under, Chapter 14, Legislative Subpoena Powers.