Utah Code 26B-2-123. Congregate care program regulation
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Terms Used In Utah Code 26B-2-123
- 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
- Emergency safety intervention: means a tactic used to protect staff or a client from being physically injured, utilized by an appropriately trained direct care staff and only performed in accordance with a nationally or regionally recognized curriculum in the least restrictive manner to restore staff or client safety. See Utah Code 26B-2-101
- Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
(1)(a) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including:(1)(a)(i) a strip search unless the congregate care program determines and documents that a strip search is necessary to protect an individual’s health or safety;(1)(a)(ii) a body cavity search unless the congregate care program determines and documents that a body cavity search is necessary to protect an individual’s health or safety;(1)(a)(iii) inducing pain to obtain compliance;(1)(a)(iv) hyperextending joints;(1)(a)(v) peer restraints;(1)(a)(vi) discipline or punishment that is intended to frighten or humiliate;(1)(a)(vii) requiring or forcing the child to take an uncomfortable position, including squatting or bending;(1)(a)(viii) for the purpose of punishing or humiliating, requiring or forcing the child to repeat physical movements or physical exercises such as running laps or performing push-ups;(1)(a)(ix) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;(1)(a)(x) denying an essential program service;(1)(a)(xi) depriving the child of a meal, water, rest, or opportunity for toileting;(1)(a)(xii) denying shelter, clothing, or bedding;(1)(a)(xiii) withholding personal interaction, emotional response, or stimulation;(1)(a)(xiv) prohibiting the child from entering the residence;(1)(a)(xv) abuse as defined in Section80-1-102 ; and(1)(a)(xvi) neglect as defined in Section80-1-102 .(1)(b) A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice.(2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall:(2)(a) develop and implement written policies and procedures that:(2)(a)(i) describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention;(2)(a)(ii) describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention;(2)(a)(iii) describe procedures for monitoring a child that is restrained or in seclusion;(2)(a)(iv) describe time limitations on the use of a restraint or seclusion;(2)(a)(v) require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention;(2)(a)(vi) require documenting the use of a restraint, seclusion, or emergency safety intervention;(2)(a)(vii) describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention;(2)(a)(viii) to the extent practicable, require debriefing the following individuals if debriefing would not interfere with an ongoing investigation, violate any law or regulation, or conflict with a child’s treatment plan:(2)(a)(viii)(A) each witness to the event;(2)(a)(viii)(B) each staff member involved; and(2)(a)(viii)(C) the child who was restrained or in seclusion;(2)(a)(ix) include a procedure for complying with Subsection (5); and(2)(a)(x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and(2)(b) consult with the office to ensure that the congregate care program’s written policies and procedures align with applicable law.(3) A congregate care program:(3)(a) may use a passive physical restraint only if the passive physical restraint is supported by a nationally or regionally recognized curriculum focused on non-violent interventions and de-escalation techniques;(3)(b) may not use a chemical or mechanical restraint unless the office has authorized the congregate care program to use a chemical or mechanical restraint;(3)(c) shall ensure that a staff member that uses a restraint on a child is:(3)(c)(i) properly trained to use the restraint; and(3)(c)(ii) familiar with the child and if the child has a treatment plan, the child’s treatment plan; and(3)(d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.(4)(4)(a) A congregate care program:(4)(a)(i) may use seclusion if:(4)(a)(i)(A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and(4)(a)(i)(B) no less restrictive intervention is likely to ensure the safety of the child or others; and(4)(a)(ii) may not use seclusion:(4)(a)(ii)(A) for coercion, retaliation, or humiliation; or(4)(a)(ii)(B) due to inadequate staffing or for the staff’s convenience.(4)(b) While a child is in seclusion, a staff member who is familiar to the child shall actively supervise the child for the duration of the seclusion.(5) Subject to the office’s review and approval, a congregate care program shall develop:(5)(a) suicide prevention policies and procedures that describe:(5)(a)(i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior;(5)(a)(ii) warning signs of suicide;(5)(a)(iii) emergency protocol and contacts;(5)(a)(iv) training requirements for staff, including suicide prevention training;(5)(a)(v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions;(5)(a)(vi) suicide risk assessment procedures;(5)(a)(vii) documentation requirements for a child’s suicide ideation and self-harm;(5)(a)(viii) special observation precautions for a child exhibiting warning signs of suicide;(5)(a)(ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide;(5)(a)(x) a process for tracking suicide behavioral patterns; and(5)(a)(xi) a post-intervention plan with identified resources; and(5)(b) based on state law and industry best practices, policies and procedures for managing a child’s behavior during the child’s participation in the congregate care program.(6)(6)(a) A congregate care program:(6)(a)(i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child’s parents, guardian, foster parents, and siblings, as applicable;(6)(a)(ii) shall ensure that the communication described in Subsection (6)(a)(i) complies with the child’s treatment plan, if any; and(6)(a)(iii) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.(6)(b) For the communication described in Subsection (6)(a)(i), a congregate care program may not:(6)(b)(i) deny the communication unless state law or a court order prohibits the communication; or(6)(b)(ii) modify the frequency or form of the communication unless:(6)(b)(ii)(A) the office approves the modification; or(6)(b)(ii)(B) state law or a court order prohibits the frequency or the form of the communication.