DAR File No. 40436

Human Services, Child and Family Services

Rule R512-60

Children's Account

Notice of Proposed Rule

(Amendment)

DAR File No.: 40436
Filed: 05/17/2016 02:00:53 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed in response to S.B. 82 (2016 General Session).

Summary of the rule or change:

The proposed changes to this rule bring the rule in-line with statute changes from S.B. 82 (2016) by changing the name of the Child Abuse Advisory Council to the Child Welfare Improvement Council, along with minor technical changes.

State statutory or constitutional authorization for this rule:

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

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 do not increase workload that would require additional staff or other costs.

local governments:

Local governments have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

small businesses:

Small businesses have no responsibility for services offered by Child and Family Services and are, therefore, not affected by this rule and will have no fiscal impact.

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

There is no expected fiscal impact for �persons other than small businesses, businesses, or local government entities� because funding requests for services offered by Child and Family Services come out of already-existing budgets.

Compliance costs for affected persons:

There are no compliance costs for affected persons associated with implementing the changes to this rule because these changes are not fiscal in nature.

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

There will be no costs or savings on businesses.

Ann Williamson, 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 carolmiller@utah.gov
• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov

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:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Brent Platt, Director

R512. Human Services, Child and Family Services.

R512-60. Children's 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 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 rule:

(a) "Administrator" means the employee of Child and Family Services appointed by the Director to administer the Children's 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 [c]Council member's duties and responsibilities.

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

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

(g) ["RGA" stands for Request for Grant Application.]"State procurement" means the requirements outlined in Section 63G-6a.

(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] state procurement 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] state procurement 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]that 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] state procurement shall be developed by Child and Family Services based upon the approved allocation plan and prevention priorities, and in accordance with State Purchasing Guidelines. The [RGA] state procurement 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 the [RGA] state procurement . Project or program proposals shall be submitted as specified in the [RGA] state procurement .

 

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[%]percent 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] state procurement shall be reviewed according to the criteria specified in the [RGA] state procurement , 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.

 

KEY: child welfare, child abuse, children's account

Date of Enactment or Last Substantive Amendment: [June 7, 2012]2016

Notice of Continuation: February 8, 2016

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