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2021 Utah Code
Title 78B - Judicial Code
Chapter 22 - Indigent Defense Act
Part 8 - Child Welfare Parental Representation Program
Section 804 - Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.
Universal Citation: UT Code § 78B-22-804 (2021)
Effective 5/5/2021
78B-22-804. Child Welfare Parental Representation Fund -- Contracts for coverage by the fund.
Amended by Chapter 228, 2021 General Session
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."
- (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) appropriations made to the fund by the Legislature;
- (b) interest and earnings from the investment of fund money;
- (c) proceeds deposited by contributing counties under this section; and
- (d) 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.
- (a) If the office anticipates a deficit in the fund during a fiscal year:
- (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 228, 2021 General Session
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