Contract: A legal written agreement that becomes binding when signed.
Developmental center: means the Utah State Developmental Center, established in accordance with 5. See Utah Code 26B-6-401
Disability: means a severe, chronic disability that:
(i)
is attributable to:
(A)
an intellectual disability;
(B)
a condition that qualifies a person as a person with a related condition, as defined in 42 C. See Utah Code 26B-6-401
Division: means the Division of Services for People with Disabilities. See Utah Code 26B-6-401
eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401
Endorsed program: means a facility or program that:
(a)
is operated:
(i)
by the division; or
(ii)
under contract with the division; or
(b)
provides services to a person committed to the division under 6. See Utah Code 26B-6-401
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
Intellectual disability: means a significant, subaverage general intellectual functioning that: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
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Public funds: means state or federal funds that are disbursed by the division. See Utah Code 26B-6-401
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
(a)
plan;
(b)
develop;
(c)
manage;
(d)
monitor; and
(e)
conduct certification reviews.
(2)
The division has the authority and responsibility to:
(a)
administer an array of services and supports for persons with disabilities and their families throughout the state;
consistent with Section 26B-6-506, supervise the programs and facilities of the Developmental Center;
(d)
in order to enhance the quality of life for a person with a disability, establish either directly, or by contract with private, nonprofit organizations, programs of:
(i)
outreach;
(ii)
information and referral;
(iii)
prevention;
(iv)
technical assistance; and
(v)
public awareness;
(e)
supervise the programs and facilities operated by, or under contract with, the division;
(f)
cooperate with other state, governmental, and private agencies that provide services to a person with a disability;
(g)
subject to Subsection (3), ensure that a person with a disability is not deprived of that person’s constitutionally protected rights without due process procedures designed to minimize the risk of error when a person with a disability is admitted to an intermediate care facility for people with an intellectual disability, including:
(i)
the developmental center; and
(ii)
facilities within the community;
(h)
determine whether to approve providers;
(i)
monitor and sanction approved providers, as specified in the providers’ contract;
(j)
subject to Section 26B-6-410, receive and disburse public funds;
(k)
review financial actions of a provider who is a representative payee appointed by the Social Security Administration;
(l)
establish standards and rules for the administration and operation of programs conducted by, or under contract with, the division;
(m)
approve and monitor division programs to insure compliance with the board‘s rules and standards;
(n)
establish standards and rules necessary to fulfill the division’s responsibilities under 5, and 6, with regard to an intermediate care facility for people with an intellectual disability;
(o)
assess and collect equitable fees for a person who receives services provided under this chapter;
(p)
maintain records of, and account for, the funds described in Subsection (2)(o);
(q)
establish and apply rules to determine whether to approve, deny, or defer the division’s services to a person who is:
(i)
applying to receive the services; or
(ii)
currently receiving the services;
(r)
in accordance with state law, establish rules:
(i)
relating to an intermediate care facility for people with an intellectual disability that is an endorsed program; and
(ii)
governing the admission, transfer, and discharge of a person with a disability;
(s)
manage funds for a person residing in a facility operated by the division:
(i)
upon request of a parent or guardian of the person; or
(ii)
under administrative or court order; and
(t)
fulfill the responsibilities described in Section 26B-1-430.
(3)
The due process procedures described in Subsection (2)(g):
(a)
shall include initial and periodic reviews to determine the constitutional appropriateness of the placement; and
(b)
with regard to facilities in the community, do not require commitment to the division.
Renumbered and Amended by Chapter 308, 2023 General Session
