§ 63A-11-204. Agreements for coverage by the Child Welfare Parental Defense Fund -- Eligibility -- County and state obligations -- Termination -- Revocation.

(1) A county legislative body and the department may annually enter into a written agreement for the department to provide parental defense attorney services in the county out of the Child Welfare Parental Defense Fund.

(2) An agreement described in Subsection (1) shall provide that the county shall pay into the fund an amount defined by a formula established in rule by the department.

(3)

(a) After the first year of operation of the fund, any county that elects to initiate participation in the fund, or reestablish participation in the fund after participation was terminated, shall be required to make an equity payment, in addition to the assessment provided in Subsection (2).

(b) The amount of the equity payment described in Subsection (3)(a) shall be determined by the department under rules established by the department under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

(4) The agreement shall provide for revocation of the agreement for failure to pay assessments on the due date established by rule.

(5) Any county that elects to withdraw from participation in the fund, or whose participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit any right to any previously paid assessments by the county or coverage from the fund.

Amended by Chapter 265, 2011 General Session