Child Welfare Parental Defense Fund -- Contracts for coverage by the Child Welfare Parental Defense Fund.
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(1) There is created an expendable special revenue fund known as the "Child Welfare Parental Defense Fund."
(2) Subject to availability, the office may make distributions from the fund for the following purposes:
(a) to pay for indigent defense resources for contracted parental defense attorneys;
(b) for administrative costs of the program; and
(c) for reasonable expenses directly related to the functioning of the program, including training and travel expenses.
(3) The fund consists of:
(a) appropriations made to the fund by the Legislature;
(b) interest and earnings from the investment of fund money;
(c) proceeds deposited by contributing counties under this section; and
(d) private contributions to the fund.
(4) The state treasurer shall invest the money in the fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.
(5)
(a) If the office anticipates a deficit in the fund during a fiscal year:
(i) the commission may request an appropriation from the Legislature; and
(ii) the Legislature may fund the anticipated deficit through appropriation.
(b) If the anticipated deficit is not funded by the Legislature, the office may request an interim assessment to participating counties as described in Subsection (6) to fund the anticipated deficit.
(6)
(a) A county legislative body and the office may annually enter into a contract for the office to provide parental defense attorney services in the contributing county out of the fund.
(b) The contract described under Subsection (6)(a) shall:
(i) require the contributing county to pay into the fund an amount defined by a formula established by the commission by rule under Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(ii) provide for revocation of the agreement for failure to pay an assessment on the due date established by the commission by rule under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(7)
(a) After the first year of operation of the fund, any contributing county that elects to initiate participation in the fund, or reestablish participation in the fund after participation was terminated, is required to make an equity payment, in addition to the assessment provided in Subsection (5).
(b) The commission shall determine the amount of the equity payment described in Subsection (7)(a) by rule established by the commission under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) A contributing county that elects to withdraw from participation in the fund, or whose participation in the fund is revoked due to failure to pay the contributing county's assessment, as described in Subsection (6), when due, shall forfeit any right to any previously paid assessment by the contributing county or coverage from the fund.