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Senate advances bill allowing post‑adopt funds to follow adopted children for necessary services

Utah State Senate · February 8, 2018
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Summary

House Bill 104 would let the Division of Child and Family Services use designated post‑adopt funds to provide services to children adopted from the division's custody when funds are available; senators questioned the lack of a fiscal note and the potential for creating spending expectations.

The Senate advanced House Bill 104 after floor discussion about funding expectations and the division's request. Senator Dayton, presenting the bill, said it allows child welfare services to use division‑designated post‑adopt funds, at their request and "to the extent that sufficient funds are available," to provide services to a child adopted from division custody.

Senator Hilliard raised concerns that the bill had no fiscal note and that the statutory phrasing could create an expectation of continued spending. He asked for history and whether the program is growing. Dayton said the provision is intended to allow children adopted from custody to retain eligibility for certain services where resources permit and that the division requested the change to increase permanency and service continuity for adopted children.

Supporters said the change does not obligate the state to spend beyond available funds but preserves an option to use post‑adopt funds where they exist. After discussion, the Senate recorded a roll call showing 24 'yay' votes and 0 'nay' votes; the president announced the bill shall be read a third time.

Next steps include the bill's third reading on the Senate floor and any technical review of fiscal impacts that may be requested by members.