80-2-301.  Division responsibilities.

(1)  The division is the child, youth, and family services authority of the state.

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Terms Used In Utah Code 80-2-301

  • Abuse: means :
(i) 
(A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 76-5-308. See Utah Code 80-1-102
  • Child: means , except as provided in Section 80-2-905, an individual who is under 18 years old. See Utah Code 80-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 80-1-102
  • dependency: means a child who is without proper care through no fault of the child's parent, guardian, or custodian. See Utah Code 80-1-102
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Director: means the director of the division appointed under Section 80-2-202. See Utah Code 80-2-102
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 80-2-102
  • Domestic violence: means the same as that term is defined in Section 77-36-1. See Utah Code 80-2-102
  • Domestic violence services: means :
    (a) temporary shelter, treatment, and related services provided to:
    (i) an individual who is a victim of abuse, as defined in Section 78B-7-102; and
    (ii) the dependent children of an individual who is a victim of abuse, as defined in Section 78B-7-102; and
    (b) treatment services for an individual who is alleged to have committed, has been convicted of, or has pled guilty to domestic violence. See Utah Code 80-2-102
  • Donor: The person who makes a gift.
  • 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.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Indigent individual: means the same as that term is defined in Section 78B-22-102. See Utah Code 80-1-102
  • Neglect: means action or inaction causing:
    (i) abandonment of a child, except as provided in 5;
    (ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
    (iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary subsistence or medical care, or any other care necessary for the child's health, safety, morals, or well-being;
    (iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
    (v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
    (vi) educational neglect. See Utah Code 80-1-102
  • Protective custody: means the shelter of a child by the Division of Child and Family Services from the time the child is removed from the home until the earlier of:
    (a) the day on which the shelter hearing is held under Section 80-3-301; or
    (b) the day on which the child is returned home. See Utah Code 80-1-102
  • 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
  • Substance abuse: means , except as provided in Section 80-2-603, the misuse or excessive use of alcohol or other drugs or substances. See Utah Code 80-1-102
  • Substitute care: means :
    (a) the placement of a minor in a family home, group care facility, or other placement outside the minor's own home, either at the request of a parent or other responsible relative, or upon court order, when it is determined that continuation of care in the minor's own home would be contrary to the minor's welfare;
    (b) services provided for a minor in the protective custody of the Division of Child and Family Services, or a minor in the temporary custody or custody of the Division of Child and Family Services, as those terms are defined in Section 80-2-102; or
    (c) the licensing and supervision of a substitute care facility. See Utah Code 80-1-102
  • Temporary custody: means , with regard to the division, the custody of a child from the day on which the shelter hearing described in Section 80-3-301 is held until the day on which the juvenile court enters a disposition under Section 80-3-405. See Utah Code 80-2-102
  • Termination of parental rights: means the permanent elimination of all parental rights and duties, including residual parental rights and duties, by court order. See Utah Code 80-1-102
    • (2)  The division shall:

    (a)  administer services to minors and families, including:

    (i)  child welfare services;

    (ii)  domestic violence services; and

    (iii)  all other responsibilities that the Legislature or the executive director of the department may assign to the division;

    (b)  provide the following services:

    (i)  financial and other assistance to an individual adopting a child with special needs under Sections 80-2-806 through 80-2-809, not to exceed the amount the division would provide for the child as a legal ward of the state;

    (ii)  non-custodial and in-home services in accordance with Section 80-2-306, including:

    (A)  services designed to prevent family break-up; and

    (B)  family preservation services;

    (iii)  reunification services to families whose children are in substitute care in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;

    (iv)  protective supervision of a family, upon court order, in an effort to eliminate abuse or neglect of a child in that family;

    (v)  shelter care in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;

    (vi)  domestic violence services, in accordance with the requirements of federal law;

    (vii)  protective services to victims of domestic violence and the victims’ children, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;

    (viii)  substitute care for dependent, abused, and neglected children;

    (ix)  services for minors who are victims of human trafficking or human smuggling, as described in Sections 76-5-308 through 76-5-310.1, or who have engaged in prostitution or sexual solicitation, as defined in Sections 76-10-1302 and 76-10-1313; and

    (x)  training for staff and providers involved in the administration and delivery of services offered by the division in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child;

    (c)  establish standards for all:

    (i)  contract providers of out-of-home care for minors and families;

    (ii)  facilities that provide substitute care for dependent, abused, or neglected children placed in the custody of the division; and

    (iii)  direct or contract providers of domestic violence services described in Subsection (2)(b)(vi);

    (d)  have authority to:

    (i)  contract with a private, nonprofit organization to recruit and train foster care families and child welfare volunteers in accordance with Section 80-2-405; and

    (ii)  approve facilities that meet the standards established under Subsection (2)(c) to provide substitute care for dependent, abused, or neglected children placed in the custody of the division;

    (e)  cooperate with the federal government in the administration of child welfare and domestic violence programs and other human service activities assigned by the department;

    (f)  in accordance with Subsection (5)(a), promote and enforce state and federal laws enacted for the protection of abused, neglected, or dependent children, in accordance with this chapter and Chapter 2a, Removal and Protective Custody of a Child, unless administration is expressly vested in another division or department of the state;

    (g)  cooperate with the Workforce Development Division within the Department of Workforce Services in meeting the social and economic needs of an individual who is eligible for public assistance;

    (h)  compile relevant information, statistics, and reports on child and family service matters in the state;

    (i)  prepare and submit to the department, the governor, and the Legislature reports of the operation and administration of the division in accordance with the requirements of Sections 80-2-1102 and 80-2-1103;

    (j)  within appropriations from the Legislature, provide or contract for a variety of domestic violence services and treatment methods;

    (k)  enter into contracts for programs designed to reduce the occurrence or recurrence of abuse and neglect in accordance with Section 80-2-503;

    (l)  seek reimbursement of funds the division expends on behalf of a child in the protective custody, temporary custody, or custody of the division, from the child’s parent or guardian in accordance with an order for child support under Section 78A-6-356;

    (m)  ensure regular, periodic publication, including electronic publication, regarding the number of children in the custody of the division who:

    (i)  have a permanency goal of adoption; or

    (ii)  have a final plan of termination of parental rights, under Section 80-3-409, and promote adoption of the children;

    (n)  subject to Subsections (5) and (7), refer an individual receiving services from the division to the local substance abuse authority or other private or public resource for a court-ordered drug screening test;

    (o)  report before November 30, 2020, and every third year thereafter, to the Social Services Appropriations Subcommittee regarding:

    (i)  the daily reimbursement rate that is provided to licensed foster parents based on level of care;

    (ii)  the amount of money spent on daily reimbursements for licensed foster parents during the previous fiscal year; and

    (iii)  any recommended changes to the division’s budget to support the daily reimbursement rates described in Subsection (2)(o)(i); and

    (p)  perform other duties and functions required by law.

    (3) 

    (a)  The division may provide, directly or through contract, services that include the following:

    (i)  adoptions;

    (ii)  day-care services;

    (iii)  out-of-home placements for minors;

    (iv)  health-related services;

    (v)  homemaking services;

    (vi)  home management services;

    (vii)  protective services for minors;

    (viii)  transportation services; or

    (ix)  domestic violence services.

    (b)  The division shall monitor services provided directly by the division or through contract to ensure compliance with applicable law and rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    (c) 

    (i)  Except as provided in Subsection (3)(c)(ii), if the division provides a service through a private contract, the division shall post the name of the service provider on the division’s website.

    (ii)  Subsection (3)(c)(i) does not apply to a foster parent placement.

    (4) 

    (a)  The division may:

    (i)  receive gifts, grants, devises, and donations;

    (ii)  encourage merchants and service providers to:

    (A)  donate goods or services; or

    (B)  provide goods or services at a nominal price or below cost;

    (iii)  distribute goods to applicants or consumers of division services free or for a nominal charge and tax free; and

    (iv)  appeal to the public for funds to meet needs of applicants or consumers of division services that are not otherwise provided by law, including Sub-for-Santa programs, recreational programs for minors, and requests for household appliances and home repairs.

    (b)  If requested by the donor and subject to state and federal law, the division shall use a gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for the purpose requested by the donor.

    (5) 

    (a)  In carrying out the requirements of Subsection (2)(f), the division shall:

    (i)  cooperate with the juvenile courts, the Division of Juvenile Justice Services, and with all public and private licensed child welfare agencies and institutions to develop and administer a broad range of services and support;

    (ii)  take the initiative in all matters involving the protection of abused or neglected children, if adequate provisions have not been made or are not likely to be made; and

    (iii)  make expenditures necessary for the care and protection of the children described in Subsection (5)(a)(ii), within the division’s budget.

    (b)  If an individual is referred to a local substance abuse authority or other private or public resource for court-ordered drug screening under Subsection (2)(n), the court shall order the individual to pay all costs of the tests unless:

    (i)  the cost of the drug screening is specifically funded or provided for by other federal or state programs;

    (ii)  the individual is a participant in a drug court; or

    (iii)  the court finds that the individual is an indigent individual.

    (6)  Except to the extent provided by rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division is not required to investigate domestic violence in the presence of a child, as described in Section 76-5-114.

    (7) 

    (a)  Except as provided in Subsection (7)(b), the division may not:

    (i)  require a parent who has a child in the custody of the division to pay for some or all of the cost of any drug testing the parent is required to undergo; or

    (ii)  refer an individual who is receiving services from the division for drug testing by means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs.

    (b)  Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is receiving services from the division for drug testing by means of a saliva test if:

    (i)  the individual consents to drug testing by means of a saliva test; or

    (ii)  the court, based on a finding that a saliva test is necessary in the circumstances, orders the individual to complete drug testing by means of a saliva test.

    Amended by Chapter 280, 2023 General Session

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