26B-6-506. Powers and duties of division. The powers and duties of the division, with respect to the developmental center are as follows:
| (1) |
to establish rules, not inconsistent with law, for the government of the developmental center; |
Terms Used In Utah Code 26B-6-506
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- 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
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Intellectual disability: means a significant, subaverage general intellectual functioning that:Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
| (2) |
to establish rules governing the admission and discharge of persons with an intellectual disability in accordance with state law; |
| (3) |
to employ necessary medical and other professional personnel to assist in establishing rules relating to the developmental center and to the treatment and training of persons with an intellectual disability at the center; |
| (4) |
to transfer a person who has been committed to the developmental center under 6, to any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facilities or programs available meet the needs indicated, and if transfer would be in the best interest of that person. A person transferred shall remain under the jurisdiction of the division; |
| (5) |
the developmental center may receive a person who meets the requirements of Subsection 26B-6-502(3) from any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facility or programs of the developmental center meet those needs, and if transfer would be in the best interest of that person. A person so received by the developmental center remains under the jurisdiction of the division; |
| (6) |
to manage funds for a person residing in the developmental center, upon request by that person’s parent or guardian, or upon administrative or court order; |
| (7) |
to charge and collect a fair and equitable fee from developmental center residents, parents who have the ability to pay, or guardians where funds for that purpose are available; and |
| (8) |
supervision and administration of security responsibilities for the developmental center is vested in the division. The executive director may designate, as special function officers, individuals to perform special security functions for the developmental center that require peace officer authority. Those special function officers may not become or be designated as members of the Public Safety Retirement System. |
Renumbered and Amended by Chapter 308, 2023 General Session
