78B-22-802.  Child Welfare Parental Representation Program — Creation — Duties — Annual report — Budget.

(1)  There is created within the office the Child Welfare Parental Representation Program.

Terms Used In Utah Code 78B-22-802

  • Contract: A legal written agreement that becomes binding when signed.
  • Contracted parental representation attorney: means an attorney who represents an indigent individual who is a parent in a child welfare case under a contract with the office or a contributing county. See Utah Code 78B-22-801
  • Executive Director: means the executive director of the Office of Indigent Defense Services, created in Section 78B-22-451, who is appointed in accordance with Section 78B-22-453. See Utah Code 78B-22-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fund: means the Child Welfare Parental Representation Fund created in Section 78B-22-804. See Utah Code 78B-22-801
  • Office: means the Office of Indigent Defense Services created in Section 78B-22-451. See Utah Code 78B-22-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: means :Utah Code 68-3-12.5
  • Program: means the Child Welfare Parental Representation Program created in Section 78B-22-802. See Utah Code 78B-22-801
(2) 

(a)  The office shall:

(i)  administer and enforce the program in accordance with this part;

(ii)  manage the operation and budget of the program;

(iii)  develop and provide educational and training programs for contracted parental representation attorneys; and

(iv)  provide information and advice to assist a contracted parental representation attorney to comply with the attorney’s professional, contractual, and ethical duties.

(b)  In administering the program, the office shall contract with:

(i)  a person who is qualified to perform the program duties under this section; and

(ii)  an attorney, as an independent contractor, in accordance with Section 78B-22-803.

(3) 

(a)  The executive director shall prepare a budget of:

(i)  the administrative expenses for the program; and

(ii)  the amount estimated to fund needed contracts and other costs.

(b)  On or before October 1 of each year, the executive director shall report to the governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year on the operations, activities, and goals of the program.

Amended by Chapter 228, 2021 General Session
Amended by Chapter 235, 2021 General Session