(1) As used in this section and Sections 63M-7-211.1 and 63M-7-211.2: (a) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act. (b) "Commission" means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201. (c) "Contracted parental defense attorney" means a parental defense attorney who is under contract with the commission to provide parental defense in a child welfare case. (d) "Executive director" means the executive director of the commission appointed under Section 63M-7-203. (e) "Fund" means the Child Welfare Parental Defense Fund established in Section 63M-7-211.2. (f) "Parental defense attorney" means an attorney, law firm, or group of attorneys who: (i) are authorized to practice law in the state; and (ii) provide legal representation under contract with the commission, or a county in the state, to a parent who is a party in a child welfare case. (g) "Program" means the Child Welfare Parental Defense Program created in this section.

(a) "Child welfare case" means a proceeding under Title 78A, Chapter 6, Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 5, Termination of Parental Rights Act.

(b) "Commission" means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.

(c) "Contracted parental defense attorney" means a parental defense attorney who is under contract with the commission to provide parental defense in a child welfare case.

(d) "Executive director" means the executive director of the commission appointed under Section 63M-7-203.

(e) "Fund" means the Child Welfare Parental Defense Fund established in Section 63M-7-211.2.

(f) "Parental defense attorney" means an attorney, law firm, or group of attorneys who: (i) are authorized to practice law in the state; and (ii) provide legal representation under contract with the commission, or a county in the state, to a parent who is a party in a child welfare case.

(i) are authorized to practice law in the state; and

(ii) provide legal representation under contract with the commission, or a county in the state, to a parent who is a party in a child welfare case.

(g) "Program" means the Child Welfare Parental Defense Program created in this section.

(2) There is created within the commission the Child Welfare Parental Defense Program.

(3) The commission shall: (a) administer and enforce this section; (b) manage the operation and budget of the program; (c) provide assistance and advice to parental defense attorneys; (d) develop and provide educational and training programs for parental defense attorneys; and (e) provide information and advice to assist a parental defense attorney to comply with the attorney's professional, contractual, and ethical duties.

(a) administer and enforce this section;

(b) manage the operation and budget of the program;

(c) provide assistance and advice to parental defense attorneys;

(d) develop and provide educational and training programs for parental defense attorneys; and

(e) provide information and advice to assist a parental defense attorney to comply with the attorney's professional, contractual, and ethical duties.

(4) The commission may contract with: (a) a person who is qualified to perform the program duties under this section; and (b) an attorney authorized to practice law in the state, as an independent contractor, to serve as a parental defense attorney under this section.

(a) a person who is qualified to perform the program duties under this section; and

(b) an attorney authorized to practice law in the state, as an independent contractor, to serve as a parental defense attorney under this section.

(5) (a) On or before October 1 of each year, the executive director shall report to the governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year on the operations, activities, and goals of the program. (b) The executive director shall prepare a budget of: (i) the administrative expenses for the program; and (ii) the amount estimated to fund needed contracts and other costs. (c) The professional legislative staff may include summary data and nonidentifying information in the staff's audits and reports to the Legislature.

(a) On or before October 1 of each year, the executive director shall report to the governor and the Child Welfare Legislative Oversight Panel regarding the preceding fiscal year on the operations, activities, and goals of the program.

(b) The executive director shall prepare a budget of: (i) the administrative expenses for the program; and (ii) the amount estimated to fund needed contracts and other costs.

(i) the administrative expenses for the program; and

(ii) the amount estimated to fund needed contracts and other costs.

(c) The professional legislative staff may include summary data and nonidentifying information in the staff's audits and reports to the Legislature.

(6) (a) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (6)(b), a record of a contracted parental defense attorney is protected and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise. (ii) A record of a contracted parental defense attorney is subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers. (b) The Legislature shall maintain a record released in accordance with Subsection (6)(a)(ii) as confidential.

(a) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (6)(b), a record of a contracted parental defense attorney is protected and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise. (ii) A record of a contracted parental defense attorney is subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers.

(i) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, and except as provided in Subsection (6)(b), a record of a contracted parental defense attorney is protected and may not be released or made public upon subpoena, search warrant, discovery proceedings, or otherwise.

(ii) A record of a contracted parental defense attorney is subject to legislative subpoena, under Title 36, Chapter 14, Legislative Subpoena Powers.

(b) The Legislature shall maintain a record released in accordance with Subsection (6)(a)(ii) as confidential.