(1) The director of the division or his designee may temporarily commit an individual to the division and therefore, as a matter of course, to an intermediate care facility for people with an intellectual disability for observation and evaluation upon:

lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 26B-6-607

  • Director: means the director of the division. See Utah Code 26B-6-101
  • Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:
         (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
         (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
  • Intellectual disability: means a significant, subaverage general intellectual functioning that:
         (16)(a) exists concurrently with deficits in adaptive behavior; and
         (16)(b) is manifested during the developmental period as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. See Utah Code 68-3-12.5
  • Intermediate care facility for people with an intellectual disability: means an intermediate care facility for the mentally retarded, as defined in Title XIX of the Social Security Act. See Utah Code 68-3-12.5
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) written application by a responsible person who has reason to know that the individual is in need of commitment, stating:

          (1)(a)(i) a belief that the individual has an intellectual disability and is likely to cause serious injury to self or others if not immediately committed;
          (1)(a)(ii) personal knowledge of the individual’s condition; and
          (1)(a)(iii) the circumstances supporting that belief; or
     (1)(b) certification by a licensed physician or designated intellectual disability professional stating that the physician or designated intellectual disability professional:

          (1)(b)(i) has examined the individual within a three-day period immediately preceding the certification; and
          (1)(b)(ii) is of the opinion that the individual has an intellectual disability, and that because of the individual’s intellectual disability is likely to injure self or others if not immediately committed.
(2) If the individual in need of commitment is not placed in the custody of the director or the director’s designee by the person submitting the application, the director’s or the director’s designee may certify, either in writing or orally that the individual is in need of immediate commitment to prevent injury to self or others.
(3) Upon receipt of the application required by Subsection (1)(a) and the certifications required by Subsections (1)(b) and (2), a peace officer may take the individual named in the application and certificates into custody, and may transport the individual to a designated intermediate care facility for people with an intellectual disability.
(4)

     (4)(a) An individual committed under this section may be held for a maximum of 72 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, the individual shall be released unless proceedings for involuntary commitment have been commenced under Section 26B-6-608.
     (4)(b) After proceedings for involuntary commitment have been commenced the individual shall be released unless an order of detention is issued in accordance with Section 26B-6-608.
(5) If an individual is committed to the division under this section on the application of any person other than the individual’s legal guardian, spouse, parent, or next of kin, the director or his designee shall immediately give notice of the commitment to the individual’s legal guardian, spouse, parent, or next of kin, if known.
(6)

     (6)(a) The division or an intermediate care facility shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the custody of the division or intermediate care facility, regardless of whether the individual is discharged by being released or under other circumstances.
     (6)(b) Discharge instructions provided under Subsection (6)(a) shall include:

          (6)(b)(i) a summary of why the individual was committed;
          (6)(b)(ii) detailed information about why the individual is being discharged;
          (6)(b)(iii) a safety plan for the individual based on the individual’s intellectual disability and condition;
          (6)(b)(iv) notification to the individual’s primary care provider, if applicable;
          (6)(b)(v) if the individual is discharged without food, housing, or economic security, a referral to appropriate services, if such services exist in the individual’s community;
          (6)(b)(vi) the phone number to call or text for a crisis services hotline, and information about the availability of peer support services;
          (6)(b)(vii) a copy of any advance directive presented to the local mental health authority, if applicable;
          (6)(b)(viii) information about how to establish an advance directive if one was not presented to the division or intermediate care facility;
          (6)(b)(ix) as applicable, information about medications that were changed or discontinued during the commitment;
          (6)(b)(x) a list of any screening or diagnostic tests conducted during the commitment;
          (6)(b)(xi) a summary of therapeutic treatments provided during the commitment;
          (6)(b)(xii) any laboratory work, including blood samples or imaging, that was completed or attempted during the commitment; and
          (6)(b)(xiii) information about how to contact the division or intermediate care facility if needed.
     (6)(c) If an individual’s medications were changed, or if an individual was prescribed new medications while committed under this section, discharge instructions provided under Subsection (6)(a) shall include a clinically appropriate supply of medications, as determined by a licensed health care provider, to allow the individual time to access another health care provider or follow-up appointment.
     (6)(d) If an individual refuses to accept discharge instructions, the division or intermediate care facility shall document the refusal in the individual’s medical record.
     (6)(e) If an individual’s discharge instructions include referrals to services under Subsection (6)(b)(v), the division or intermediate care facility shall document those referrals in the individual’s medical record.
     (6)(f) The division shall attempt to follow up with a discharged individual at least 48 hours after discharge, and may use peer support professionals when performing follow-up care or developing a continuing care plan.
  Previous section
Next section  
 Part 6 Contents