Department authority.

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  • (1) adopt rules, not inconsistent with law, as the department may consider necessary or desirable for providing social services to the people of this state;
  • (2) establish and manage client trust accounts in the department's institutions and community programs, at the request of the client or the client's legal guardian or representative, or in accordance with federal law;
  • (3) purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;
  • (4) conduct adjudicative proceedings for clients and providers in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act;
  • (5) establish eligibility standards for its programs, not inconsistent with state or federal law or regulations;
  • (6) take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who was not eligible;
  • (7) set and collect fees for the department's services;
  • (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or limited by law;
  • (9) acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law;
  • (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the proceeds thereof, may be credited to the program designated by the donor, and may be used for the purposes requested by the donor, as long as the request conforms to state and federal policy; all donated funds shall be considered private, nonlapsing funds and may be invested under guidelines established by the state treasurer;
  • (11) accept and employ volunteer labor or services; the department is authorized to reimburse volunteers for necessary expenses, when the department considers that reimbursement to be appropriate;
  • (12) carry out the responsibility assigned in the workforce services plan by the State Workforce Development Board;
  • (13) carry out the responsibility assigned by Section 35A-8-602 with respect to coordination of services for the homeless;
  • (14) carry out the responsibility assigned by Section 62A-5a-105 with respect to coordination of services for students with a disability;
  • (15) provide training and educational opportunities for the department's staff;
  • (16) collect child support payments and any other money due to the department;
  • (17) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents whose child lives out of the home in a department licensed or certified setting;
  • (18) establish policy and procedures, within appropriations authorized by the Legislature, in cases where the Division of Child and Family Services or the Division of Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not competent to proceed under Section 80-6-403; any policy and procedures shall include:
    • (a) designation of interagency teams for each juvenile court district in the state;
    • (b) delineation of assessment criteria and procedures;
    • (c) minimum requirements, and timeframes, for the development and implementation of a collaborative service plan for each minor placed in department custody; and
    • (d) provisions for submittal of the plan and periodic progress reports to the court;
  • (19) carry out the responsibilities assigned to the department by statute;
  • (20) examine and audit the expenditures of any public funds provided to local substance abuse authorities, local mental health authorities, local area agencies on aging, and any person, agency, or organization that contracts with or receives funds from those authorities or agencies. Those local authorities, area agencies, and any person or entity that contracts with or receives funds from those authorities or area agencies, shall provide the department with any information the department considers necessary. The department is further authorized to issue directives resulting from any examination or audit to local authorities, area agencies, and persons or entities that contract with or receive funds from those authorities with regard to any public funds. If the department determines that it is necessary to withhold funds from a local mental health authority or local substance abuse authority based on failure to comply with state or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of services. For purposes of this Subsection (20) "public funds" means the same as that term is defined in Section 62A-15-102;
  • (21) pursuant to Subsection 62A-2-106(1)(d), accredit one or more agencies and persons to provide intercountry adoption services;
  • (22) within appropriations authorized by the Legislature, promote and develop a system of care and stabilization services:
    • (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
    • (b) that encompasses the department, department contractors, and the divisions, offices, or institutions within the department, to:
      • (i) navigate services, funding resources, and relationships to the benefit of the children and families whom the department serves;
      • (ii) centralize department operations, including procurement and contracting;
      • (iii) develop policies that govern business operations and that facilitate a system of care approach to service delivery;
      • (iv) allocate resources that may be used for the children and families served by the department or the divisions, offices, or institutions within the department, subject to the restrictions in Section 63J-1-206;
      • (v) create performance-based measures for the provision of services; and
      • (vi) centralize other business operations, including data matching and sharing among the department's divisions, offices, and institutions;
  • (23) ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
    • (a) under this title;
    • (b) by the department; or
    • (c) by an agency or division within the department; and
  • (24) reallocate unexpended funds as provided in Section 62A-1-111.6.





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