Annual review of child welfare referrals and cases by executive director -- Accountability to the Legislature -- Review by legislative auditor general.
Annual review of child welfare referrals and cases by executive director -- Accountability to the Legislature -- Review by legislative auditor general.
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(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.
(2)
(a) In addition to development of quantifiable outcome measures and performance measures in accordance with Section 62A-4a-117, the executive director, or the executive director's designee, shall annually review a randomly selected sample of child welfare referrals to and cases handled by the division. The purpose of that review shall be to assess whether the division is adequately protecting children and providing appropriate services to families, in accordance with the provisions of Title 62A, Chapter 4a, Child and Family Services, and Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and Chapter 4, Termination and Restoration of Parental Rights. The review shall focus directly on the outcome of cases to children and families, and not simply on procedural compliance with specified criteria.
(b) The executive director shall report on the executive director's review to the legislative auditor general and the Child Welfare Legislative Oversight Panel.
(c) Information obtained as a result of the review shall be provided to caseworkers, supervisors, and division personnel involved in the respective cases, for purposes of education, training, and performance evaluation.
(3) The executive director's review and report to the legislative auditor general and the Child Welfare Legislative Oversight Panel shall include:
(a) the criteria used by the executive director, or the executive director's designee, 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 its employees, and whether children were adequately and appropriately protected and appropriate services provided to families, in accordance with the provisions of Title 62A, Chapter 4a, Child and Family Services, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and 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.
(4)
(a) In addition to the executive director's 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 its employees;
(ii) a determination regarding whether referrals, removals, and cases were appropriately handled by the division and its employees, and whether children were adequately and appropriately protected and appropriate services provided for families, in accordance with the provisions of Title 62A, Chapter 4a, Child and Family Services, Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, and 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).