26B-6-402. Division of Services for People with Disabilities — Creation — Authority — Direction — Provision of services.
(1)
There is created within the department the Division of Services for People with Disabilities, under the administrative direction of the executive director of the department.
Terms Used In Utah Code 26B-6-402
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
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Limited support services: means services that are administered by the division to individuals with a disability:
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)
In accordance with this part, the division has the responsibility to plan and deliver an appropriate array of services and supports to persons with disabilities and their families in this state.
(3)
Within appropriations from the Legislature, the division shall provide services to any individual with a disability who is eligible to receive division services.
(4)
(a)
Except as provided in Subsection (4)(c), any new appropriations designated to serve eligible individuals waiting for services from the division shall be allocated, as determined by the division by rule based on the:
(i)
severity of the disability;
(ii)
urgency of the need for services;
(iii)
ability of a parent or guardian to provide the individual with appropriate care and supervision; and
(iv)
length of time during which the individual has not received services from the division.
(b)
Funds from Subsection (4)(a) that are not spent by the division at the end of the fiscal year may be used as set forth in Subsection (7).
(c)
Subsections (4)(a) and (b) do not apply to any new appropriations designated to provide limited support services.
(5)
The division:
(a)
has the functions, powers, duties, rights, and responsibilities described in Section 26B-6-403; and
(b)
is authorized to work in cooperation with other state, governmental, and private agencies to carry out the responsibilities described in Subsection (5)(a).
(6)
Within appropriations authorized by the Legislature, and to the extent allowed under Title XIX of the Social Security Act, the division shall ensure that the services and support that the division provides to an individual with a disability:
(a)
are provided in the least restrictive and most enabling environment;
(b)
ensure opportunities to access employment; and
(c)
enable reasonable personal choice in selecting services and support that:
(i)
best meet individual needs; and
(ii)
promote:
(A)
independence;
(B)
productivity; and
(C)
integration in community life.
(7)
(a)
Appropriations to the division are nonlapsing.
(b)
After an individual stops receiving services under this section, the division shall use the funds that paid for the individual’s services to provide services under this section to another eligible individual in an intermediate care facility transitioning to division services, if the funds were allocated under a program established under Section 26B-3-108 to transition individuals with intellectual disabilities from an intermediate care facility.
(c)
Except as provided in Subsection (7)(b), if an individual receiving services under Subsection (4)(a) ceases to receive those services, the division shall use the funds that were allocated to that individual to provide services to another eligible individual waiting for services as described in Subsection (4)(a).
(d)
Funds unexpended by the division at the end of the fiscal year may be used only for one-time expenditures unless otherwise authorized by the Legislature.
(e)
A one-time expenditure under this section:
(i)
is not an entitlement;
(ii)
may be withdrawn at any time; and
(iii)
may provide short-term, limited services, including:
(A)
respite care;
(B)
service brokering;
(C)
family skill building and preservation classes;
(D)
after school group services; and
(E)
other professional services.
Renumbered and Amended by Chapter 308, 2023 General Session
