(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.
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Terms Used In Utah Code 80-2-1103

  • Abuse: means :
              (1)(a)(i)
                   (1)(a)(i)(A) nonaccidental harm of a child;
                   (1)(a)(i)(B) threatened harm of a child;
                   (1)(a)(i)(C) sexual exploitation;
                   (1)(a)(i)(D) sexual abuse; or
                   (1)(a)(i)(E) human trafficking of a child in violation of Section 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
  • 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
  • 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
  • Neglect: means action or inaction causing:
              (58)(a)(i) abandonment of a child, except as provided in Chapter 4, Part 5, Safe Relinquishment of a Newborn Child;
              (58)(a)(ii) lack of proper parental care of a child by reason of the fault or habits of the parent, guardian, or custodian;
              (58)(a)(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;
              (58)(a)(iv) a child to be at risk of being neglected or abused because another child in the same home is neglected or abused;
              (58)(a)(v) abandonment of a child through an unregulated child custody transfer under Section 78B-24-203; or
              (58)(a)(vi) educational neglect. See Utah Code 80-1-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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:
         (66)(a) the day on which the shelter hearing is held under Section 80-3-301; or
         (66)(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
(2)

     (2)(a) The department shall:

          (2)(a)(i) develop quantifiable outcome measures and performance measures in accordance with Section 80-2-1102; and
          (2)(a)(ii) annually review a randomly selected sample of child welfare referrals to and cases handled by the division.
     (2)(b) In conducting the review described in Subsection (2)(a)(ii), the department shall:

          (2)(b)(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
          (2)(b)(ii) focus directly on the outcome of cases to children and families, and not simply on procedural compliance with specified criteria.
     (2)(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.
     (2)(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:

     (3)(a) the criteria used by the department in making the evaluation;
     (3)(b) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed in each sample case;
     (3)(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;
     (3)(d) an assessment of the division’s intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals; and
     (3)(e) an assessment of the appropriateness of the division’s assignment of priority.
(4)

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

          (4)(b)(i) the Audit Subcommittee of the Legislative Management Committee;
          (4)(b)(ii) the Child Welfare Legislative Oversight Panel; or
          (4)(b)(iii) the legislative auditor general, based on the results of the executive director‘s review under Subsection (2).
     (4)(c) With regard to the sample of referrals, removals, and cases, the Legislative Auditor General’s report may include:

          (4)(c)(i) findings regarding whether state statutes, division rule, legislative policy, and division policy were followed by the division and the division’s employees;
          (4)(c)(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;
          (4)(c)(iii) an assessment of the division’s intake procedures and decisions, including an assessment of the appropriateness of decisions not to accept referrals;
          (4)(c)(iv) an assessment of the appropriateness of the division’s assignment of priority;
          (4)(c)(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
          (4)(c)(vi) findings regarding any other issues identified by the auditor or others under this Subsection (4).
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