DAR File No. 27518

Administrative Services, Child Welfare Parental Defense (Office of)

R19-1

Parental Defense Training Standards

NOTICE OF CHANGE IN PROPOSED RULE

DAR File No.: 27518
Filed: 12/20/2004, 02:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change in proposed rule incorporates additions and changes solicited from parental defenders and other interested parties during the comment period.

Summary of the rule or change:

This change provides the option of equivalent training and experience in place of core training course, and to integrate the training topics more specific to actual practice. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the November 15, 2004, issue of the Utah State Bulletin, on page 9. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

Section 63A-11-107

Anticipated cost or savings to:

the state budget:

Training for about 50 attorneys will cost about $10,000 in lodging, meals, consultation, and speakers. This cost would be largely assumed by the Office of Child Welfare Parental Defense.

local governments:

Local government is generally not required by contract to pay for travel costs for parental defenders.

other persons:

Because this involves training that will be provided by the Office for contracted parental defenders, no compliance costs are foreseen for private parental defenders.

Compliance costs for affected persons:

Because this involves training that will be provided by the Office, no compliance costs are foreseen.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have negligible, if any, fiscal impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Pam Blackham at the above address, by phone at 801-538-3458, by FAX at 801-538-3644, or by Internet E-mail at pblackham@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

02/14/2005

This rule may become effective on:

02/15/2005

Authorized by:

Alicia Davis, Director

RULE TEXT

R19. Administrative Services, Child Welfare Parental Defense (Office of).

R19-1. Parental Defense Counsel Training.

R19-1-1. Authority.

(1) This rule is made under authority of Subsection 63A-11-202(3).

R19-1-2. Purpose.

(1) In accordance with Section 63A-11-202, these training standards are provided for parental defenders acting pursuant to a county contract or a contract with this office.

R19-1-3. Definitions.

As per Section 63A-11-102, the following terms are used for the purpose of this rule.

(1) "Child welfare case" means a proceeding under Title 78, Chapter 3a, Juvenile Courts, Parts 3 or 4.

[ (2) "Child welfare teams" means district teams consisting generally of a judge, an assistant attorney general, a representative of the Division of Child and Family Services, a guardian ad litem and one or more court representatives.

] ([3]2) "Office" means the Office of Child Welfare Parental Defense.

([4]3) "Parental Defender" means a defense attorney who has contracted with the office or local county to provide parental defense services pursuant to Section 63A-11-102 et seq.

R19-1-4. Core Training.

(1) Parental defenders shall complete the core training course provided by the Office of Child Welfare Parental Defense prior to receiving an appointment by a juvenile court judge unless the Office determines that the defender has equivalent training and experience. The core training shall consist of at least eight hours of training which may include, but is not limited to the following topics:

(a) Relevant state law, federal law, case law and rules in family preservation and child welfare;

(b) The "Practice Model" of the Division of Children and Family Services;

(c) Attorney roles and responsibilities, including ethical considerations

(d) Dynamics of abuse and neglect; and

(e) Preserving and protecting parents' rights in juvenile court.

R19-1-5. Continuing Training.

(1) Each calendar year thereafter, a contracted parental defender shall complete at least eight hours of continuing legal education courses. The continuing legal education can consist of, but is not limited to, the core training topics listed in Section 4 above or any of these additional topics:

[(a) Family dynamics;](a) Trial and appellate advocacy;

(b) Substance abuse, domestic violence and mental health issues;

(c) Grief and attachment;

(d) Custody and parent-time;

(e) Resources and services;

[(f) District-specific child welfare issues requiring resolution as identified by the district's lead judge or child welfare team; and](f) Child development and communications;

[(g) Trial and appellate advocacy](g) Medical issues in child welfare; and

(h) District-specific child welfare issues requiring resolution as identified by the district's judges or other actors in the child welfare system.

KEY: child welfare, parental defense

[2004]2005

63A-11-107

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Pam Blackham at the above address, by phone at 801-538-3458, by FAX at 801-538-3644, or by Internet E-mail at pblackham@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.