26B-6-413. Scope of home based services — Purpose — Principles — Services for individuals younger than 11 years old.
(1)
The purpose of this section is to provide support to families in their role as primary caregivers for family members with disabilities.
Terms Used In Utah Code 26B-6-413
Contract: A legal written agreement that becomes binding when signed.
Director: means the director of the Division of Services for People with Disabilities. See Utah Code 26B-6-401
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
eligibility: means qualification, based on criteria established by the division, to receive services that are administered by the division. See Utah Code 26B-6-401
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.
To enable a person with a disability and the person’s family to select services and supports that best suit their needs and preferences, the division shall, within appropriations from the Legislature, provide services and supports under this part by giving direct financial assistance to the parent or guardian of a person with a disability who resides at home.
(b)
The dollar value of direct financial assistance is determined by the division based on:
(i)
appropriations from the Legislature; and
(ii)
the needs of the person with a disability.
(c)
In determining whether to provide direct financial assistance to the family, the division shall consider:
(i)
the family’s preference; and
(ii)
the availability of approved providers in the area where the family resides.
(d)
If the division provides direct financial assistance, the division:
(i)
shall require the family to account for the use of that financial assistance; and
(ii)
shall tell the person with a disability or the person’s parent or guardian how long the direct financial assistance is intended to provide services and supports before additional direct financial assistance is issued.
(e)
Except for eligibility determination services directly connected to the provision of direct financial assistance, service coordination is not provided under this part by the division unless the person with a disability or the person’s parent or guardian uses the direct financial assistance to purchase such services.
(3)
The following principles shall be used as the basis for supporting families who care for family members with disabilities:
(a)
all children, regardless of disability, should reside in a family-like environment;
(b)
families should receive the support they need to care for their children at home;
(c)
services should:
(i)
focus on the person with a disability;
(ii)
take into consideration the family of the person described in Subsection (3)(c)(i);
(iii)
be sensitive to the unique needs, preferences, and strengths of individual families; and
(iv)
complement and reinforce existing sources of help and support that are available to each family.
(4)
Except as provided in Subsection (5), after June 30, 1996, the division may not provide residential services to persons with disabilities who are under 11 years old.
(5)
The prohibition of Subsection (4) does not include residential services that are provided:
(a)
for persons in the custody of the Division of Child and Family Services;
(b)
under a plan for home-based services, including respite and temporary residential care or services provided by a professional parent under contract with the division; or
(c)
after a written finding by the director that out-of-home residential placement is the most appropriate way to meet the needs of the person with disabilities and his family.
Renumbered and Amended by Chapter 308, 2023 General Session
