26B-6-502. Utah State Developmental Center.
| (1) |
The intermediate care facility for people with an intellectual disability located in American Fork City, Utah County, shall be known as the “Utah State Developmental Center.” |
Terms Used In Utah Code 26B-6-502
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Director: means the director of the division. See Utah Code 26B-6-101
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: includes a person who:Utah Code 68-3-12.5
- 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
- Person: means :Utah Code 68-3-12.5
- 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
- Writing: includes :Utah Code 68-3-12.5
| (2) |
Within appropriations authorized by the Legislature, the role and function of the developmental center is to:
| (a) |
provide care, services, and treatment to persons described in Subsection (3); and |
| (b) |
provide the following services and support to persons with disabilities who do not reside at the developmental center:
| (ii) |
specialized medical treatment and evaluation; |
| (iii) |
specialized dental treatment and evaluation; |
| (iv) |
family and client special intervention; |
| (vi) |
occupational, physical, speech, and audiology services; and |
| (vii) |
professional services, such as education, evaluation, and consultation, for families, public organizations, providers of community and family support services, and courts. |
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| (3) |
Except as provided in Subsection (6), within appropriations authorized by the Legislature, and notwithstanding the provisions of 6, only the following persons may be residents of, be admitted to, or receive care, services, or treatment at the developmental center:
| (a) |
persons with an intellectual disability; |
| (b) |
persons who receive services and supports under Subsection (2)(b); and |
| (c) |
persons who require at least one of the following services from the developmental center:
| (i) |
continuous medical care; |
| (ii) |
intervention for conduct that is dangerous to self or others; or |
| (iii) |
temporary residential assessment and evaluation. |
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| (4) |
| (a) |
Except as provided in Subsection (6), the division shall, in the division’s discretion:
| (i) |
place residents from the developmental center into appropriate less restrictive placements; and |
| (ii) |
determine each year the number to be placed based upon the individual assessed needs of the residents. |
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| (b) |
The division shall confer with parents and guardians to ensure the most appropriate placement for each resident. |
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| (5) |
Except as provided in Subsection (7), within appropriations authorized by the Legislature, and notwithstanding the provisions of Subsection (3) and 6, a person who is under 18 years old may be a resident of, admitted to, or receive care, services, or treatment at the developmental center only if the director certifies in writing that the developmental center is the most appropriate placement for that person. |
| (6) |
| (a) |
If the division determines, pursuant to Utah’s Community Supports Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, that a person who otherwise qualifies for placement in an intermediate care facility for people with an intellectual disability should receive services in a home or community-based setting, the division shall:
| (i) |
if the person does not have a legal representative or legal guardian:
| (A) |
inform the person of any feasible alternatives under the waiver; and |
| (B) |
give the person the choice of being placed in an intermediate care facility for people with an intellectual disability or receiving services in a home or community-based setting; or |
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| (ii) |
if the person has a legal representative or legal guardian:
| (A) |
inform the legal representative or legal guardian of any feasible alternatives under the waiver; and |
| (B) |
give the legal representative or legal guardian the choice of having the person placed in an intermediate care facility for people with an intellectual disability or receiving services in a home or community-based setting. |
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| (b) |
If a person chooses, under Subsection (6)(a)(i), to be placed in an intermediate care facility for people with an intellectual disability instead of receiving services in a home or community-based setting, the division shall:
| (i) |
ask the person whether the person prefers to be placed in the developmental center rather than a private intermediate care facility for people with an intellectual disability; and |
| (ii) |
if the person expresses a preference to be placed in the developmental center:
| (A) |
place the person in the developmental center if the cost of placing the person in the developmental center is equal to, or less than, the cost of placing the person in a private intermediate care facility for people with an intellectual disability; or |
| (B) |
| (I) |
strongly consider the person’s preference to be placed in the developmental center if the cost of placing the person in the developmental center exceeds the cost of placing the person in a private intermediate care facility for people with an intellectual disability; and |
| (II) |
place the person in the developmental center or a private intermediate care facility for people with an intellectual disability. |
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| (c) |
If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to have the person placed in an intermediate care facility for people with an intellectual disability instead of receiving services in a home or community-based setting, the division shall:
| (i) |
ask the legal representative or legal guardian whether the legal representative or legal guardian prefers to have the person placed in the developmental center rather than a private intermediate care facility for people with an intellectual disability; and |
| (ii) |
if the legal representative or legal guardian expresses a preference to have the person placed in the developmental center:
| (A) |
place the person in the developmental center if the cost of placing the person in the developmental center is equal to, or less than, the cost of placing the person in a private intermediate care facility for people with an intellectual disability; or |
| (B) |
| (I) |
strongly consider the legal representative’s or legal guardian’s preference for the person’s placement if the cost of placing the person in the developmental center exceeds the cost of placing the person in a private intermediate care facility for people with an intellectual disability; and |
| (II) |
place the person in the developmental center or a private intermediate care facility for people with an intellectual disability. |
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| (7) |
The certification described in Subsection (5) is not required for a person who receives services and support under Subsection (2)(b). |
Renumbered and Amended by Chapter 308, 2023 General Session
