(1) There is created an expendable special revenue fund known as the "Child Welfare Parental Defense Fund."

(2) Subject to availability, the commission may make distributions from the fund as required in this section or Section 63M-7-211 or 63M-7-211.1 for the following purposes: (a) to pay for the representation, costs, expert witness fees, and expenses of parental defense attorneys who are under contract with the commission to provide parental defense in child welfare cases for an indigent parent that is the subject of a petition alleging abuse, neglect, or dependency; (b) for administrative costs under this section or Section 63M-7-211 or 63M-7-211.1; and (c) for reasonable expenses directly related to the functioning of the program, including training and travel expenses.

(a) to pay for the representation, costs, expert witness fees, and expenses of parental defense attorneys who are under contract with the commission to provide parental defense in child welfare cases for an indigent parent that is the subject of a petition alleging abuse, neglect, or dependency;

(b) for administrative costs under this section or Section 63M-7-211 or 63M-7-211.1; 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 participating counties under this section; and (d) private contributions to the fund.

(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 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 commission anticipates a deficit in the fund during a fiscal year: (i) the commission shall 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 commission may request an interim assessment to participating counties as described in Subsection (6) to fund the anticipated deficit.

(a) If the commission anticipates a deficit in the fund during a fiscal year: (i) the commission shall request an appropriation from the Legislature; and (ii) the Legislature may fund the anticipated deficit through appropriation.

(i) the commission shall 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 commission 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 commission may annually enter into a written agreement for the commission to provide parental defense attorney services in the county out of the fund. (b) The agreement described under Subsection (6)(a) shall: (i) require the 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.

(a) A county legislative body and the commission may annually enter into a written agreement for the commission to provide parental defense attorney services in the county out of the fund.

(b) The agreement described under Subsection (6)(a) shall: (i) require the 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.

(i) require the 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 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 (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.

(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 (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 county that elects to withdraw from participation in the fund, or whose participation in the fund is revoked due to failure to pay the county's assessment, as described in Subsection (6), when due, shall forfeit any right to any previously paid assessment by the county or coverage from the fund.