Utah Code 26B-2-123. Congregate care program regulation

26B-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:

Terms Used In Utah Code 26B-2-123

Child: means an individual under 18 years old. See Utah Code 26B-2-101
Congregate care program: means any of the following that provide services to a child:

(i)	an outdoor youth program;

(ii)	a residential support program;

(iii)

a residential treatment program; or

(iv)

a therapeutic school. See Utah Code 26B-2-101

Office: means the Office of Licensing within the department. See Utah Code 26B-2-101

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Seclusion: means the involuntary confinement of an individual in a room or an area:

(a)	away from the individual's peers; and

(b)	in a manner that physically prevents the individual from leaving the room or area. See Utah Code 26B-2-101 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)	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 applicable law.

(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.

(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.

(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.

(6)

(a)

A congregate care program:

(i)	subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child’s parents, guardian, foster parents, and siblings, as applicable;

(ii)	shall ensure that the communication described in Subsection (6)(a)(i) complies with the child’s treatment plan, if any; and

(iii)

may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.

(b)

For the communication described in Subsection (6)(a)(i), a congregate care program may not:

(i)	deny the communication unless state law or a court order prohibits the communication; or

(ii)

modify the frequency or form of the communication unless:

(A)	the office approves the modification; or

(B)	state law or a court order prohibits the frequency or the form of the communication.

Renumbered and Amended by Chapter 305, 2023 General Session

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