Utah Code 78B-22-804. Child Welfare Parental Representation Fund — Contracts for coverage by the fund

78B-22-804. Child Welfare Parental Representation Fund — Contracts for coverage by the fund.

(1)	There is created an expendable special revenue fund known as the “Child Welfare Parental Representation Fund.”

Terms Used In Utah Code 78B-22-804

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Child welfare case: means a proceeding under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights. See Utah Code 78B-22-102
Commission: means the Utah Indigent Defense Commission created in Section 78B-22-401. See Utah Code 78B-22-102
Contract: A legal written agreement that becomes binding when signed.
Contributing county: means a county that complies with this part for participation in the fund described in Section 78B-22-804. See Utah Code 78B-22-801
County legislative body: means :Utah Code 68-3-12.5
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
Indigent defense resources: means the resources necessary to provide an effective defense for an indigent individual. See Utah Code 78B-22-102
Indigent defense services: means :

(a)	the representation of an indigent individual by an indigent defense service provider; and

(b)

the provision of indigent defense resources for an indigent individual. See Utah Code 78B-22-102

Office: means the Office of Indigent Defense Services created in Section 78B-22-451. See Utah Code 78B-22-102

Program: means the Child Welfare Parental Representation Program created in Section 78B-22-802. See Utah Code 78B-22-801

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)

Subject to availability, the office may make distributions from the fund for the following purposes:

(a)	to pay for indigent defense resources for contracted parental representation attorneys;

(b)	for administrative costs of the program; and

(c)	for reasonable expenses directly related to the functioning of the program, including training and travel expenses.

(3)

The fund consists of:

(a)	federal funds received by the state as partial reimbursement for amounts expended by the Utah Indigent Defense Commission to pay for parental representation;

(b)	appropriations made to the fund by the Legislature;

(c)	interest and earnings from the investment of fund money;

(d)	proceeds deposited by contributing counties under this section; and

(e)	private contributions to the fund.

(4)	The state treasurer shall invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.

(5)

(a)

If the office anticipates a deficit in the fund during a fiscal year:

(i)	the commission may request an appropriation from the Legislature; and

(ii)	the Legislature may fund the anticipated deficit through appropriation.

(b)	If the anticipated deficit is not funded by the Legislature under Subsection (5)(a), the office may request an interim assessment from contributing counties as described in Subsection (6) to fund the anticipated deficit.

(6)

(a)	A county legislative body and the office may annually enter into a contract for the office to provide indigent defense services for a parent in a child welfare case in the county out of the fund.

(b)

A contract described in Subsection (6)(a) shall:

(i)	require the contributing county described in Subsection (6)(a) to pay into the fund an amount defined by a formula established by the commission; and

(ii)	provide for revocation of the contract for the contributing county’s failure to pay the assessment described in Subsection (5) on the due date established by the commission.

(7)

After the first year of operation of the fund, a contributing county that enters into a contract under Subsection (6) to initiate or reestablish participation in the fund is required to make an equity payment in the amount determined by the commission, in addition to the assessment described in Subsection (5).

(8)

A contributing county that withdraws from participation in the fund, or whose participation in the fund is revoked as described in Subsection (6) for failure to pay the contributing county’s assessment when due, shall forfeit any right to any previously paid assessment by the contributing county or coverage from the fund.

Amended by Chapter 438, 2023 General Session

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