Utah Code 26B-2-104. Division responsibilities

(1) Subject to the requirements of federal and state law, the office shall:

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Terms Used In Utah Code 26B-2-104

Adoption services: means the same as that term is defined in Section 80-2-801. See Utah Code 26B-2-101
Child: means an individual under 18 years old. See Utah Code 26B-2-101
Child-placing agency: means a person that engages in child placing. See Utah Code 26B-2-101
Client: means an individual who receives or has received services from a licensee. See Utah Code 26B-2-101
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
education: means a course of study for one or more grades from kindergarten through grade 12. 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
Fraud: Intentional deception resulting in injury to another.
Human services program: means :
          (25)(a)(i) a foster home;
          (25)(a)(ii) a therapeutic school;
          (25)(a)(iii) a youth program;
          (25)(a)(iv) an outdoor youth program;
          (25)(a)(v) a residential treatment program;
          (25)(a)(vi) a residential support program;
          (25)(a)(vii) a resource family home;
          (25)(a)(viii) a recovery residence; or
          (25)(a)(ix) a facility or program that provides:
               (25)(a)(ix)(A) adult day care;
               (25)(a)(ix)(B) day treatment;
               (25)(a)(ix)(C) outpatient treatment;
               (25)(a)(ix)(D) domestic violence treatment;
               (25)(a)(ix)(E) child-placing services;
               (25)(a)(ix)(F) social detoxification; or
               (25)(a)(ix)(G) any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101
Local government: means a city, town, or county. See Utah Code 26B-2-101
Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Residential treatment: means a 24-hour group living environment for four or more individuals unrelated to the owner or provider that offers room or board and specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. See Utah Code 26B-2-101
Seclusion: means the involuntary confinement of an individual in a room or an area:
(43)(a) away from the individual's peers; and
(43)(b) in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(1)(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish:

(1)(a)(i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for licensees, that shall be limited to:

(1)(a)(i)(A) fire safety;

(1)(a)(i)(B) food safety;

(1)(a)(i)(C) sanitation;

(1)(a)(i)(D) infectious disease control;

(1)(a)(i)(E) safety of the:

(1)(a)(i)(E)(I) physical facility and grounds; and

(1)(a)(i)(E)(II) area and community surrounding the physical facility;

(1)(a)(i)(F) transportation safety;

(1)(a)(i)(G) emergency preparedness and response;

(1)(a)(i)(H) the administration of medical standards and procedures, consistent with the related provisions of this title;

(1)(a)(i)(I) staff and client safety and protection;

(1)(a)(i)(J) the administration and maintenance of client and service records;

(1)(a)(i)(K) staff qualifications and training, including standards for permitting experience to be substituted for education, unless prohibited by law;

(1)(a)(i)(L) staff to client ratios;

(1)(a)(i)(M) access to firearms; and

(1)(a)(i)(N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;

(1)(a)(ii) basic health and safety standards for therapeutic schools, that shall be limited to:

(1)(a)(ii)(A) fire safety, except that the standards are limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;

(1)(a)(ii)(B) food safety;

(1)(a)(ii)(C) sanitation;

(1)(a)(ii)(D) infectious disease control, except that the standards are limited to:

(1)(a)(ii)(D)(I) those required by law or rule under this title, or Title 26A, Local Health Authorities; and

(1)(a)(ii)(D)(II) requiring a separate room for clients who are sick;

(1)(a)(ii)(E) safety of the physical facility and grounds, except that the standards are limited to those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;

(1)(a)(ii)(F) transportation safety;

(1)(a)(ii)(G) emergency preparedness and response;

(1)(a)(ii)(H) access to appropriate medical care, including:

(1)(a)(ii)(H)(I) subject to the requirements of law, designation of a person who is authorized to dispense medication; and

(1)(a)(ii)(H)(II) storing, tracking, and securing medication;

(1)(a)(ii)(I) staff and client safety and protection that permits the school to provide for the direct supervision of clients at all times;

(1)(a)(ii)(J) the administration and maintenance of client and service records;

(1)(a)(ii)(K) staff qualifications and training, including standards for permitting experience to be substituted for education, unless prohibited by law;

(1)(a)(ii)(L) staff to client ratios;

(1)(a)(ii)(M) access to firearms; and

(1)(a)(ii)(N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;

(1)(a)(iii) procedures and standards for permitting a licensee to:

(1)(a)(iii)(A) provide in the same facility and under the same conditions as children, residential treatment services to a person 18 years old or older who:

(1)(a)(iii)(A)(I) begins to reside at the licensee’s residential treatment facility before the person’s 18th birthday;

(1)(a)(iii)(A)(II) has resided at the licensee’s residential treatment facility continuously since the time described in Subsection (1)(a)(iii)(A)(I);

(1)(a)(iii)(A)(III) has not completed the course of treatment for which the person began residing at the licensee’s residential treatment facility; and

(1)(a)(iii)(A)(IV) voluntarily consents to complete the course of treatment described in Subsection (1)(a)(iii)(A)(III); or

(1)(a)(iii)(B)

(1)(a)(iii)(B)(I) provide residential treatment services to a child who is:

(1)(a)(iii)(B)(I)(Aa) at least 12 years old or, as approved by the office, younger than 12 years old; and

(1)(a)(iii)(B)(I)(Bb) under the custody of the department, or one of its divisions; and

(1)(a)(iii)(B)(II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I), residential treatment services to a person who is:

(1)(a)(iii)(B)(II)(Aa) at least 18 years old, but younger than 21 years old; and

(1)(a)(iii)(B)(II)(Bb) under the custody of the department, or one of its divisions;

(1)(a)(iv) minimum administration and financial requirements for licensees;

(1)(a)(v) guidelines for variances from rules established under this Subsection (1);

(1)(a)(vi) ethical standards, as described in Subsection 78B-6-106(3), and minimum responsibilities of a child-placing agency that provides adoption services and that is licensed under this part;

(1)(a)(vii) what constitutes an “outpatient treatment program” for purposes of this part;

(1)(a)(viii) a procedure requiring a licensee to provide an insurer the licensee’s records related to any services or supplies billed to the insurer, and a procedure allowing the licensee and the insurer to contact the Insurance Department to resolve any disputes;

(1)(a)(ix) a protocol for the office to investigate and process complaints about licensees;

(1)(a)(x) a procedure for a licensee to:

(1)(a)(x)(A) report the use of a restraint or seclusion within one business day after the day on which the use of the restraint or seclusion occurs; and

(1)(a)(x)(B) report a critical incident within one business day after the day on which the incident occurs;

(1)(a)(xi) guidelines for the policies and procedures described in Sections 26B-2-109 and 26B-2-123;

(1)(a)(xii) a procedure for the office to review and approve the policies and procedures described in Sections 26B-2-109 and 26B-2-123; and

(1)(a)(xiii) a requirement that each human services program publicly post information that informs an individual how to submit a complaint about a human services program to the office;

(1)(b) enforce rules relating to the office;

(1)(c) issue licenses in accordance with this part;

(1)(d) if the United States Department of State executes an agreement with the office that designates the office to act as an accrediting entity in accordance with the Intercountry Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to provide intercountry adoption services pursuant to:

(1)(d)(i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and

(1)(d)(ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L. No. 106-279;

(1)(e) make rules to implement the provisions of Subsection (1)(d);

(1)(f) conduct surveys and inspections of licensees and facilities in accordance with Section 26B-2-107;

(1)(g) collect licensure fees;

(1)(h) notify licensees of the name of a person within the department to contact when filing a complaint;

(1)(i) investigate complaints regarding any licensee or human services program;

(1)(j) have access to all records, correspondence, and financial data required to be maintained by a licensee;

(1)(k) have authority to interview any client, family member of a client, employee, or officer of a licensee;

(1)(l) have authority to deny, condition, revoke, suspend, or extend any license issued by the department under this part by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act;

(1)(m) cooperate with the Division of Child and Family Services to condition, revoke, or suspend the license of a foster home when a child welfare caseworker from the Division of Child and Family Services identifies a safety concern with the foster home;

(1)(n) electronically post notices of agency action issued to a human services program, with the exception of a foster home, on the office’s website, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act; and

(1)(o) upon receiving a local government‘s request under Section 26B-2-118, notify the local government of new human services program license applications, except for foster homes, for human services programs located within the local government’s jurisdiction.

(2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a licensee to establish and comply with an emergency response plan that requires clients and staff to:

(2)(a) immediately report to law enforcement any significant criminal activity, as defined by rule, committed:

(2)(a)(i) on the premises where the licensee operates its human services program;

(2)(a)(ii) by or against its clients; or

(2)(a)(iii) by or against a staff member while the staff member is on duty;

(2)(b) immediately report to emergency medical services any medical emergency, as defined by rule:

(2)(b)(i) on the premises where the licensee operates its human services program;

(2)(b)(ii) involving its clients; or

(2)(b)(iii) involving a staff member while the staff member is on duty; and

(2)(c) immediately report other emergencies that occur on the premises where the licensee operates its human services program to the appropriate emergency services agency.

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