Administrative Rule Review Report  #AR09-030

Legislative Service Office

28-May-09

AGENCY: Department of Family Services.

DATE SUBMITTED: May 27, 2009.

SUBJECT: Chapter 1, Community Juvenile Service Boards, General Provisions; and Chapter 2, Community Juvenile Service Boards, Grant Procedures.

NATURE OF RULES:                     Legislative and procedural        

STATUTORY AUTHORITY:         W.S. 14-9-107(b)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Although the agency stated these are not new rules, the rules were in response to significant statutory changes to program requirements; therefore, notice of the proposed adoption of new rules was provided by LSO as required by W.S. 28-9-103(d).  No written comments have been received to date.

SUMMARY OF RULES:  These new rules are being adopted to reflect changes to the Community Juvenile Services Act and the State Advisory Council on Juvenile Justice (SACJJ) provisions enacted in 2008.  The rules are a collaboration among the Departments of Family Services, Education and Health with input from the SACJJ to establish procedures for communities, through joint powers boards, to develop an array of juvenile services locally, procedures to obtain state approval of those local services and standards for access to those services by eligible juveniles who are at risk for entry into the juvenile court system.  The rules also provide a process for application for grants by community juvenile services boards and the award of such grants by the Department of Family Services.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the agency.

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John H. Rivera

Senior Staff Attorney

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Lynda G. Cook

Staff Attorney

JHR/