Utah Code 26B-5-404. Invasive treatment — Due process proceedings

26B-5-404. Invasive treatment — Due process proceedings.

(1)	For purposes of this section, “invasive treatment” means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery.

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Terms Used In Utah Code 26B-5-404

Child: means a person under 18 years old. See Utah Code 26B-5-401
Division: means the Division of Integrated Healthcare created in Section 26B-1-202. See Utah Code 26B-5-101
Local mental health authority: means a county legislative body. See Utah Code 26B-5-101
Physical custody: means :

(a)	placement of a child in any residential or inpatient setting;

(b)	the right to physical custody of a child;

(c)	the right and duty to protect the child; and

(d)	the duty to provide, or insure that the child is provided with, adequate food, clothing, shelter, and ordinary medical care. See Utah Code 26B-5-401 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(2)	The requirements of this section apply to all children receiving services or treatment from a local mental health authority, its designee, or its provider regardless of whether a local mental health authority has physical custody of the child or the child is receiving outpatient treatment from the local authority, its designee, or provider.

(3)

(a)

The division shall promulgate rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing due process procedures for children prior to any invasive treatment as follows:

(i)	with regard to antipsychotic medications, if either the parent or child disagrees with that treatment, a due process proceeding shall be held in compliance with the procedures established under this Subsection (3);

(ii)	with regard to psychosurgery and electroshock therapy, a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3), regardless of whether the parent or child agree or disagree with the treatment; and

(iii)

other possible invasive treatments may be conducted unless either the parent or child disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3).

(b)

In promulgating the rules required by Subsection (3)(a), the division shall consider the advisability of utilizing an administrative law judge, court proceedings, a neutral and detached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatment should be administered.

Renumbered and Amended by Chapter 308, 2023 General Session

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