Utah Code 26B-2-107. Administrative inspections
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(1) As used in this section:
Terms Used In Utah Code 26B-2-107
- Child: means an individual under 18 years old. See Utah Code 26B-2-101
- Congregate care program: means any of the following that provide services to a child:(11)(a)(i) an outdoor youth program;(11)(a)(ii) a residential support program;(11)(a)(iii) a residential treatment program; or(11)(a)(iv) a therapeutic school. See Utah Code 26B-2-101
- Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
- Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- Regular business hours: means :
(39)(a) the hours during which services of any kind are provided to a client; or(39)(b) the hours during which a client is present at the facility of a licensee. See Utah Code 26B-2-101(1)(a) “Foster home” does not include a residence that is licensed or certified for proctor care or care by a professional parent.(1)(b) “Material change” means a significant change in circumstances that may include:(1)(b)(i) a loss or gain of employment;(1)(b)(ii) a change in marital status;(1)(b)(iii) a change of individuals living in the home; or(1)(b)(iv) other changes that may affect a foster child‘s well-being.(2)(2)(a) Subject to Subsections (2)(b) and (3), the office may, for the purpose of ascertaining compliance with this part, enter and inspect on a routine basis the facility of a licensee.(2)(b)(2)(b)(i) The office shall enter and inspect a congregate care program at least once each calendar quarter.(2)(b)(ii) At least two of the inspections described in Subsection (2)(b)(i) shall be unannounced.(2)(c) If another government entity conducts an inspection that is substantially similar to an inspection conducted by the office, the office may conclude the inspection satisfies an inspection described in Subsection (2)(b).(3)(3)(a) Except as provided in Subsection (3)(b):(3)(a)(i) for the first two years of a foster home‘s license, the office shall enter and inspect the facility once each year;(3)(a)(ii) after a foster home has been licensed for two years, the office shall enter and inspect the facility once every three years; and(3)(a)(iii) for a foster home licensed for two or more years as of May 1, 2023, and that was inspected by the office on or after May 1, 2023, the office may not enter and inspect the facility until three years after the date of the last inspection.(3)(b)(3)(b)(i) If a foster home has not had a placement for more than 12 months after the date of the office’s last inspection, the office shall enter and inspect the facility within 30 days after the date on which the foster home receives a new placement.(3)(b)(ii) If the license for a foster home is placed on conditions, suspended, or revoked by the office, or voluntarily returned to the office by the licensee, the office may enter and inspect the facility on a routine basis.(3)(b)(iii) If there is a material change to a foster home:(3)(b)(iii)(A) the foster parent shall immediately notify the office of the material change; and(3)(b)(iii)(B) the office shall inspect the foster home as soon as practicable after receiving notice of or otherwise becoming aware of the material change.(3)(b)(iv) If a health and safety concern is reported to the office, the office may conduct an unannounced inspection of the foster home during regular business hours.(3)(c) Except as provided in Subsection (3)(b)(iv), an inspection of a foster home shall be announced.(4) Before conducting an inspection under Subsection (2) or (3), the office shall, after identifying the person in charge:(4)(a) give proper identification;(4)(b) request to see the applicable license;(4)(c) describe the nature and purpose of the inspection; and(4)(d) if necessary, explain the authority of the office to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section26B-2-707 .(5) In conducting an inspection under Subsection (2) or (3), the office may, after meeting the requirements of Subsection (4):(5)(a) inspect the physical facilities;(5)(b) inspect and copy records and documents;(5)(c) interview officers, employees, clients, family members of clients, and others; and(5)(d) observe the licensee in operation.(6) An inspection conducted under Subsection (2) shall be during regular business hours and may be announced or unannounced.(7) The licensee shall make copies of inspection reports available to the public upon request.(8) The provisions of this section apply to on-site inspections and do not restrict the office from contacting family members, neighbors, or other individuals, or from seeking information from other sources to determine compliance with this part.