63A-11-203 - Child Welfare Parental Defense Fund -- Creation.
63A-11-203. Child Welfare Parental Defense Fund -- Creation.
(1) There is created a nonlapsing, restricted special revenue fund known as the "ChildWelfare Parental Defense Fund."
(2) Subject to availability, the director may make distributions from the fund as requiredin this chapter for the following purposes:
(a) to pay for the representation, costs, expert witness fees, and expenses of contractedparental defense attorneys who are under contract with the office to provide parental defense inchild welfare cases for the indigent parent or parents that are the subject of a petition allegingabuse, neglect, or dependency;
(b) for administrative costs pursuant to this chapter; and
(c) for reasonable expenses directly related to the functioning of the office, includingtraining 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 participating counties pursuant to Section 63A-11-204; and
(d) private contributions to the Child Welfare Parental Defense Fund.
(4) The state treasurer shall invest the money in the fund by following the procedures andrequirements of Title 51, Chapter 7, State Money Management Act.
(5) (a) If the director anticipates a deficit in the fund during any fiscal year:
(i) the director shall request an appropriation from the Legislature; and
(ii) the Legislature may fund the anticipated deficit through appropriation but is notrequired to fund the deficit.
(b) If the anticipated deficit is not funded by the Legislature, the director may request aninterim assessment to participating counties to fund the anticipated deficit.
Amended by Chapter 76, 2006 General Session