80-2-1103. Annual review of child welfare referrals and cases by department -- Review by legislative auditor general -- Reports.

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Effective 9/1/2022

(1)The division shall use principles of quality management systems, including statistical measures of processes of service, and the routine reporting of performance data to employees.

(a)The department shall:

(i)develop quantifiable outcome measures and performance measures in accordance with Section 80-2-1102 ; and

(ii)annually review a randomly selected sample of child welfare referrals to and cases handled by the division.

(b)In conducting the review described in Subsection (2)(a)(ii) , the department shall:

(i)assess whether the division is adequately protecting children and providing appropriate services to families, in accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child , Chapter 3, Abuse, Neglect, and Dependency Proceedings , and Chapter 4, Termination and Restoration of Parental Rights ; and

(ii)focus directly on the outcome of cases to children and families, and not simply on procedural compliance with specified criteria.

(c)The department shall report on the review described in Subsection (2)(a) to the legislative auditor general and the Child Welfare Legislative Oversight Panel.

(d)Information obtained as a result of the review described in Subsection (2)(a) shall be provided to child welfare caseworkers, supervisors, and division personnel involved in the respective cases, for purposes of education, training, and performance evaluation.

(3)The review and report to the legislative auditor general and the Child Welfare Legislative Oversight Panel under Subsection

(2)shall include:

(a)the criteria used by the department in making the evaluation;

(b)findings regarding whether state statutes, division rule, legislative policy, and division policy were followed in each sample case;

(c)findings regarding whether, in each sample case, referrals, removals, or cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided to families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child , Chapter 3, Abuse, Neglect, and Dependency Proceedings , Chapter 4, Termination and Restoration of Parental Rights , and division rule;

(d)an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; and

(e)an assessment of the appropriateness of the division's assignment of priority.

(a)In addition to the review under Subsection

(2), the legislative auditor general shall audit, subject to the prioritization of the Legislative Audit Subcommittee, a sample of child welfare referrals to and cases handled by the division and report the findings to the Child Welfare Legislative Oversight Panel.

(b)An audit under Subsection (4)(a) may be initiated by:

(i)the Audit Subcommittee of the Legislative Management Committee;

(ii)the Child Welfare Legislative Oversight Panel; or

(iii)the legislative auditor general, based on the results of the executive director's review under Subsection

(2).

(c)With regard to the sample of referrals, removals, and cases, the Legislative Auditor General's report may include:

(i)findings regarding whether state statutes, division rule, legislative policy, and division policy were followed by the division and the division's employees;

(ii)a determination regarding whether referrals, removals, and cases were appropriately handled by the division and the division's employees, and whether children were adequately and appropriately protected and appropriate services provided for families, in accordance with the provisions of this chapter, Chapter 2a, Removal and Protective Custody of a Child , Chapter 3, Abuse, Neglect, and Dependency Proceedings , Chapter 4, Termination and Restoration of Parental Rights , and division rule;

(iii)an assessment of the division's intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals;

(iv)an assessment of the appropriateness of the division's assignment of priority;

(v)a determination regarding whether the department's review process is effecting beneficial change within the division and accomplishing the mission established by the Legislature and the department for that review process; and

(vi)findings regarding any other issues identified by the auditor or others under this Subsection

(4).

Renumbered and Amended by Chapter 334 , 2022 General Session