Go to Other Versions of The
Utah Code
2021 Utah Code
Title 62A - Utah Human Services Code
Chapter 2 - Licensure of Programs and Facilities
Section 123 - Congregate care program regulation.
Universal Citation:
UT Code § 62A-2-123 (2021)
Learn more
This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
Effective 5/5/2021
62A-2-123. Congregate care program regulation.
Enacted by Chapter 400, 2021 General Session
62A-2-123. Congregate care program regulation.
- (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including:
- (a) 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;
- (b) 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;
- (c) inducing pain to obtain compliance;
- (d) hyperextending joints;
- (e) peer restraints;
- (f) discipline or punishment that is intended to frighten or humiliate;
- (g) requiring or forcing the child to take an uncomfortable position, including squatting or bending;
- (h) 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;
- (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
- (j) denying an essential program service;
- (k) depriving the child of a meal, water, rest, or opportunity for toileting;
- (l) denying shelter, clothing, or bedding;
- (m) withholding personal interaction, emotional response, or stimulation;
- (n) prohibiting the child from entering the residence;
- (o) abuse as defined in Section 80-1-102; and
- (p) neglect as defined in Section 80-1-102.
- (2) Before a congregate care program may use a restraint or seclusion, the congregate care program shall:
- (a) develop and implement written policies and procedures that:
- (i) describe the circumstances under which a staff member may use a restraint or seclusion;
- (ii) describe which staff members are authorized to use a restraint or seclusion;
- (iii) describe procedures for monitoring a child that is restrained or in seclusion;
- (iv) describe time limitations on the use of a restraint or seclusion;
- (v) require immediate and continuous review of the decision to use a restraint or seclusion;
- (vi) require documenting the use of a restraint or seclusion;
- (vii) describe record keeping requirements for records related to the use of a restraint or seclusion;
- (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:
- (A) each witness to the event;
- (B) each staff member involved; and
- (C) the child who was restrained or in seclusion.
- (ix) include a procedure for complying with Subsection (5); and
- (x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and
- (b) consult with the office to ensure that the congregate care program's written policies and procedures align with industry standards and applicable law.
- (a) develop and implement written policies and procedures that:
- (3) A congregate care program:
- (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;
- (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;
- (c) shall ensure that a staff member that uses a restraint on a child is:
- (i) properly trained to use the restraint; and
- (ii) familiar with the child and if the child has a treatment plan, the child's treatment plan; and
- (d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.
- (4)
- (a) A congregate care program:
- (i) may use seclusion if:
- (A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and
- (B) no less restrictive intervention is likely to ensure the safety of the child or others; and
- (ii) may not use seclusion:
- (A) for coercion, retaliation, or humiliation; or
- (B) due to inadequate staffing or for the staff's convenience.
- (i) may use seclusion if:
- (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.
- (a) A congregate care program:
- (5) Subject to the office's review and approval, a congregate care program shall develop:
- (a) suicide prevention policies and procedures that describe:
- (i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior;
- (ii) warning signs of suicide;
- (iii) emergency protocol and contacts;
- (iv) training requirements for staff, including suicide prevention training;
- (v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions;
- (vi) suicide risk assessment procedures;
- (vii) documentation requirements for a child's suicide ideation and self-harm;
- (viii) special observation precautions for a child exhibiting warning signs of suicide;
- (ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide;
- (x) a process for tracking suicide behavioral patterns; and
- (xi) a post-intervention plan with identified resources; and
- (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.
- (a) suicide prevention policies and procedures that describe:
- (6) A congregate care program:
- (a) when not otherwise prohibited by law, shall facilitate weekly confidential communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable;
- (b) shall ensure that the communication described in Subsection (6)(a) complies with the child's treatment plan, if any; and
- (c) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.
Enacted by Chapter 400, 2021 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
