26B-2-124.  Congregate care program requirements.

(1)  As used in this section, “disruption plan” means a child specific plan used:

Terms Used In Utah Code 26B-2-124

  • 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
  • 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
  • Office: means the Office of Licensing within the department. See Utah Code 26B-2-101
  • Private-placement child: means a child whose parent or guardian enters into a contract with a congregate care program for the child to receive services. 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)  when the private-placement child stops receiving services from a congregate care program; and

    (b)  for transporting a private-placement child to a parent or guardian or to another congregate care program.

    (2)  A congregate care program shall keep the following for a private-placement child whose parent or guardian lives outside the state:

    (a)  regularly updated contact information for the parent or guardian that lives outside the state; and

    (b)  a disruption plan.

    (3)  If a private-placement child whose parent or guardian resides outside the state leaves a congregate care program without following the child’s disruption plan, the congregate care program shall:

    (a)  notify the parent or guardian, office, and local law enforcement authorities;

    (b)  assist the state in locating the private-placement child; and

    (c)  after the child is located, transport the private-placement child:

    (i)  to a parent or guardian;

    (ii)  back to the congregate care program; or

    (iii)  to another congregate care program.

    (4)  This section does not apply to a guardian that is a state or agency.

    (5)  The office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing:

    (a)  additional mandatory provisions for a disruption plan; and

    (b)  how a congregate care program shall notify the office when a private-placement child begins receiving services.

    Renumbered and Amended by Chapter 305, 2023 General Session