This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 24, 2022 at 9:24 AM by lpoole.
1     
CONGREGATE CARE PROGRAM AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael K. McKell

5     
House Sponsor: Brady Brammer

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to congregate care programs.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the definition of "congregate care program";
14          ▸     removes the requirement that restraint and seclusion procedures align with industry
15     standards;
16          ▸     requires a congregate care program to allow confidential voice-to-voice
17     communication unless certain circumstances are met;
18          ▸     requires a youth transportation company to register with the office;
19          ▸     requires individuals who transport a child for a youth transportation company to
20     submit to a background check;
21          ▸     imposes a criminal penalty for referring individuals to youth transportation
22     companies in exchange for renumeration, or fee sharing;
23          ▸     creates a fee for registration of a youth transportation company; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          62A-2-101, as last amended by Laws of Utah 2021, Chapters 117 and 400
32          62A-2-116, as last amended by Laws of Utah 2018, Chapters 316 and 439
33          62A-2-120, as last amended by Laws of Utah 2021, Chapters 117, 262, and 400
34          62A-2-123, as enacted by Laws of Utah 2021, Chapter 400
35     ENACTS:
36          62A-2-126, Utah Code Annotated 1953
37     

38     Be it enacted by the Legislature of the state of Utah:
39          Section 1. Section 62A-2-101 is amended to read:
40          62A-2-101. Definitions.
41          As used in this chapter:
42          (1) "Adult day care" means nonresidential care and supervision:
43          (a) for three or more adults for at least four but less than 24 hours a day; and
44          (b) that meets the needs of functionally impaired adults through a comprehensive
45     program that provides a variety of health, social, recreational, and related support services in a
46     protective setting.
47          (2) "Applicant" means a person [who] that applies for an initial license or a license
48     renewal under this chapter.
49          (3) (a) "Associated with the licensee" means that an individual is:
50          (i) affiliated with a licensee as an owner, director, member of the governing body,
51     employee, agent, provider of care, department contractor, or volunteer; or
52          (ii) applying to become affiliated with a licensee in a capacity described in Subsection
53     (3)(a)(i).
54          (b) "Associated with the licensee" does not include:
55          (i) service on the following bodies, unless that service includes direct access to a child
56     or a vulnerable adult:
57          (A) a local mental health authority described in Section 17-43-301;
58          (B) a local substance abuse authority described in Section 17-43-201; or

59          (C) a board of an organization operating under a contract to provide mental health or
60     substance abuse programs, or services for the local mental health authority or substance abuse
61     authority; or
62          (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
63     at all times.
64          (4) (a) "Boarding school" means a private school that:
65          (i) uses a regionally accredited education program;
66          (ii) provides a residence to the school's students:
67          (A) for the purpose of enabling the school's students to attend classes at the school; and
68          (B) as an ancillary service to educating the students at the school;
69          (iii) has the primary purpose of providing the school's students with an education, as
70     defined in Subsection (4)(b)(i); and
71          (iv) (A) does not provide the treatment or services described in Subsection (37)(a); or
72          (B) provides the treatment or services described in Subsection (37)(a) on a limited
73     basis, as described in Subsection (4)(b)(ii).
74          (b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
75     one or more of grades kindergarten through 12th grade.
76          (ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
77     services described in Subsection (37)(a) on a limited basis if:
78          (A) the treatment or services described in Subsection (37)(a) are provided only as an
79     incidental service to a student; and
80          (B) the school does not:
81          (I) specifically solicit a student for the purpose of providing the treatment or services
82     described in Subsection (37)(a); or
83          (II) have a primary purpose of providing the treatment or services described in
84     Subsection (37)(a).
85          (c) "Boarding school" does not include a therapeutic school.
86          (5) "Child" means an individual under 18 years old.
87          (6) "Child placing" means receiving, accepting, or providing custody or care for any
88     child, temporarily or permanently, for the purpose of:
89          (a) finding a person to adopt the child;

90          (b) placing the child in a home for adoption; or
91          (c) foster home placement.
92          (7) "Child-placing agency" means a person that engages in child placing.
93          (8) "Client" means an individual who receives or has received services from a licensee.
94          (9) (a) "Congregate care program" means any of the following that provide services to
95     a child:
96          [(a)] (i) an outdoor youth program;
97          [(b)] (ii) a residential support program;
98          [(c)] (iii) a residential treatment program; or
99          [(d)] (iv) a therapeutic school.
100          (b) "Congregate care program" does not include a human services program that:
101          (i) is licensed to serve adults; and
102          (ii) is approved by the office to serve a child for a limited time.
103          (10) "Day treatment" means specialized treatment that is provided to:
104          (a) a client less than 24 hours a day; and
105          (b) four or more persons who:
106          (i) are unrelated to the owner or provider; and
107          (ii) have emotional, psychological, developmental, physical, or behavioral
108     dysfunctions, impairments, or chemical dependencies.
109          (11) "Department" means the Department of Human Services.
110          (12) "Department contractor" means an individual who:
111          (a) provides services under a contract with the department; and
112          (b) due to the contract with the department, has or will likely have direct access to a
113     child or vulnerable adult.
114          (13) "Direct access" means that an individual has, or likely will have:
115          (a) contact with or access to a child or vulnerable adult that provides the individual
116     with an opportunity for personal communication or touch; or
117          (b) an opportunity to view medical, financial, or other confidential personal identifying
118     information of the child, the child's parents or legal guardians, or the vulnerable adult.
119          (14) "Directly supervised" means that an individual is being supervised under the
120     uninterrupted visual and auditory surveillance of another individual who has a current

121     background screening approval issued by the office.
122          (15) "Director" means the director of the Office of Licensing.
123          (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
124          (17) "Domestic violence treatment program" means a nonresidential program designed
125     to provide psychological treatment and educational services to perpetrators and victims of
126     domestic violence.
127          (18) "Elder adult" means a person 65 years old or older.
128          (19) "Executive director" means the executive director of the department.
129          (20) "Foster home" means a residence that is licensed or certified by the Office of
130     Licensing for the full-time substitute care of a child.
131          (21) "Health benefit plan" means the same as that term is defined in Section
132     31A-1-301.
133          (22) "Health care provider" means the same as that term is defined in Section
134     78B-3-403.
135          (23) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
136          (24) (a) "Human services program" means:
137          (i) a foster home;
138          (ii) a therapeutic school;
139          (iii) a youth program;
140          (iv) an outdoor youth program;
141          (v) a residential treatment program;
142          (vi) a residential support program;
143          (vii) a resource family home;
144          (viii) a recovery residence; or
145          (ix) a facility or program that provides:
146          (A) adult day care;
147          (B) day treatment;
148          (C) outpatient treatment;
149          (D) domestic violence treatment;
150          (E) child-placing services;
151          (F) social detoxification; or

152          (G) any other human services that are required by contract with the department to be
153     licensed with the department.
154          (b) "Human services program" does not include:
155          (i) a boarding school; or
156          (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
157          (25) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
158          (26) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
159          (27) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
160          (28) "Intermediate secure treatment" means 24-hour specialized residential treatment or
161     care for an individual who:
162          (a) cannot live independently or in a less restrictive environment; and
163          (b) requires, without the individual's consent or control, the use of locked doors to care
164     for the individual.
165          (29) "Licensee" means an individual or a human services program licensed by the
166     office.
167          (30) "Local government" means a city, town, metro township, or county.
168          (31) "Minor" has the same meaning as "child."
169          (32) "Office" means the Office of Licensing within the Department of Human Services.
170          (33) "Outdoor youth program" means a program that provides:
171          (a) services to a child that has:
172          (i) a chemical dependency; or
173          (ii) a dysfunction or impairment that is emotional, psychological, developmental,
174     physical, or behavioral;
175          (b) a 24-hour outdoor group living environment; and
176          (c) (i) regular therapy, including group, individual, or supportive family therapy; or
177          (ii) informal therapy or similar services, including wilderness therapy, adventure
178     therapy, or outdoor behavioral healthcare.
179          (34) "Outpatient treatment" means individual, family, or group therapy or counseling
180     designed to improve and enhance social or psychological functioning for those whose physical
181     and emotional status allows them to continue functioning in their usual living environment.
182          (35) "Practice group" or "group practice" means two or more health care providers

183     legally organized as a partnership, professional corporation, or similar association, for which:
184          (a) substantially all of the services of the health care providers who are members of the
185     group are provided through the group and are billed in the name of the group and amounts
186     received are treated as receipts of the group; and
187          (b) the overhead expenses of and the income from the practice are distributed in
188     accordance with methods previously determined by members of the group.
189          (36) "Private-placement child" means a child whose parent or guardian enters into a
190     contract with a congregate care program for the child to receive services.
191          (37) (a) "Recovery residence" means a home, residence, or facility that meets at least
192     two of the following requirements:
193          (i) provides a supervised living environment for individuals recovering from a
194     substance use disorder;
195          (ii) provides a living environment in which more than half of the individuals in the
196     residence are recovering from a substance use disorder;
197          (iii) provides or arranges for residents to receive services related to their recovery from
198     a substance use disorder, either on or off site;
199          (iv) is held out as a living environment in which individuals recovering from substance
200     abuse disorders live together to encourage continued sobriety; or
201          (v) (A) receives public funding; or
202          (B) is run as a business venture, either for-profit or not-for-profit.
203          (b) "Recovery residence" does not mean:
204          (i) a residential treatment program;
205          (ii) residential support program; or
206          (iii) a home, residence, or facility, in which:
207          (A) residents, by their majority vote, establish, implement, and enforce policies
208     governing the living environment, including the manner in which applications for residence are
209     approved and the manner in which residents are expelled;
210          (B) residents equitably share rent and housing-related expenses; and
211          (C) a landlord, owner, or operator does not receive compensation, other than fair
212     market rental income, for establishing, implementing, or enforcing policies governing the
213     living environment.

214          (38) "Regular business hours" means:
215          (a) the hours during which services of any kind are provided to a client; or
216          (b) the hours during which a client is present at the facility of a licensee.
217          (39) (a) "Residential support program" means a program that arranges for or provides
218     the necessities of life as a protective service to individuals or families who have a disability or
219     who are experiencing a dislocation or emergency that prevents them from providing these
220     services for themselves or their families.
221          (b) "Residential support program" includes a program that provides a supervised living
222     environment for individuals with dysfunctions or impairments that are:
223          (i) emotional;
224          (ii) psychological;
225          (iii) developmental; or
226          (iv) behavioral.
227          (c) Treatment is not a necessary component of a residential support program.
228          (d) "Residential support program" does not include:
229          (i) a recovery residence; or
230          (ii) a program that provides residential services that are performed:
231          (A) exclusively under contract with the department and provided to individuals through
232     the Division of Services for People with Disabilities; or
233          (B) in a facility that serves fewer than four individuals.
234          (40) (a) "Residential treatment" means a 24-hour group living environment for four or
235     more individuals unrelated to the owner or provider that offers room or board and specialized
236     treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
237     services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
238     impairments, or chemical dependencies.
239          (b) "Residential treatment" does not include a:
240          (i) boarding school;
241          (ii) foster home; or
242          (iii) recovery residence.
243          (41) "Residential treatment program" means a program or facility that provides:
244          (a) residential treatment; or

245          (b) intermediate secure treatment.
246          (42) "Seclusion" means the involuntary confinement of an individual in a room or an
247     area:
248          (a) away from the individual's peers; and
249          (b) in a manner that physically prevents the individual from leaving the room or area.
250          (43) "Social detoxification" means short-term residential services for persons who are
251     experiencing or have recently experienced drug or alcohol intoxication, that are provided
252     outside of a health care facility licensed under Title 26, Chapter 21, Health Care Facility
253     Licensing and Inspection Act, and that include:
254          (a) room and board for persons who are unrelated to the owner or manager of the
255     facility;
256          (b) specialized rehabilitation to acquire sobriety; and
257          (c) aftercare services.
258          (44) "Substance abuse disorder" or "substance use disorder" mean the same as
259     "substance use disorder" is defined in Section 62A-15-1202.
260          (45) "Substance abuse treatment program" or "substance use disorder treatment
261     program" means a program:
262          (a) designed to provide:
263          (i) specialized drug or alcohol treatment;
264          (ii) rehabilitation; or
265          (iii) habilitation services; and
266          (b) that provides the treatment or services described in Subsection (45)(a) to persons
267     with:
268          (i) a diagnosed substance use disorder; or
269          (ii) chemical dependency disorder.
270          (46) "Therapeutic school" means a residential group living facility:
271          (a) for four or more individuals that are not related to:
272          (i) the owner of the facility; or
273          (ii) the primary service provider of the facility;
274          (b) that serves students who have a history of failing to function:
275          (i) at home;

276          (ii) in a public school; or
277          (iii) in a nonresidential private school; and
278          (c) that offers:
279          (i) room and board; and
280          (ii) an academic education integrated with:
281          (A) specialized structure and supervision; or
282          (B) services or treatment related to:
283          (I) a disability;
284          (II) emotional development;
285          (III) behavioral development;
286          (IV) familial development; or
287          (V) social development.
288          (47) "Unrelated persons" means persons other than parents, legal guardians,
289     grandparents, brothers, sisters, uncles, or aunts.
290          (48) "Vulnerable adult" means an elder adult or an adult who has a temporary or
291     permanent mental or physical impairment that substantially affects the person's ability to:
292          (a) provide personal protection;
293          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
294          (c) obtain services necessary for health, safety, or welfare;
295          (d) carry out the activities of daily living;
296          (e) manage the adult's own resources; or
297          (f) comprehend the nature and consequences of remaining in a situation of abuse,
298     neglect, or exploitation.
299          (49) (a) "Youth program" means a program designed to provide behavioral, substance
300     abuse, or mental health services to minors that:
301          (i) serves adjudicated or nonadjudicated youth;
302          (ii) charges a fee for its services;
303          (iii) may provide host homes or other arrangements for overnight accommodation of
304     the youth;
305          (iv) may provide all or part of its services in the outdoors;
306          (v) may limit or censor access to parents or guardians; and

307          (vi) prohibits or restricts a minor's ability to leave the program at any time of the
308     minor's own free will.
309          (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
310     Scouts, 4-H, and other such organizations.
311          (50) (a) "Youth transportation company" means any person that transports a child for
312     payment to or from a congregate care program in Utah.
313          (b) "Youth transportation company" does not include:
314          (i) a relative of the child;
315          (ii) a state agency; or
316          (iii) Ŝ→ [
a person that transports the child from a congregate care program and returns the
317     child to the same congregate care program within 48 hours.
] a congregate care program's

317a     employee who transports the child from the congregate care program that employs the
317b     employee and returns the child to the same congregate care program. ←Ŝ
318          Section 2. Section 62A-2-116 is amended to read:
319          62A-2-116. Violation -- Criminal penalties.
320          (1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a
321     human services program in violation of this chapter is guilty of a class A misdemeanor if the
322     violation endangers or harms the health, welfare, or safety of persons participating in that
323     program.
324          (b) Conviction in a criminal proceeding does not preclude the office from:
325          (i) assessing a civil penalty or an administrative penalty;
326          (ii) denying, placing conditions on, suspending, or revoking a license; or
327          (iii) seeking injunctive or equitable relief.
328          (2) Any person that violates a provision of this chapter, lawful orders of the office, or
329     rules adopted under this chapter may be assessed a penalty not to exceed the sum of $10,000
330     per violation, in:
331          (a) a judicial civil proceeding; or
332          (b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
333     Procedures Act.
334          (3) Assessment of a judicial penalty or an administrative penalty does not preclude the
335     office from:
336          (a) seeking criminal penalties;
337          (b) denying, placing conditions on, suspending, or revoking a license; or

338          (c) seeking injunctive or equitable relief.
339          (4) The office may assess the human services program the cost incurred by the office in
340     placing a monitor.
341          (5) Notwithstanding Subsection (1)(a) and subject to Subsections (1)(b) and (2), an
342     individual is guilty of a class A misdemeanor if the individual knowingly and willfully offers,
343     pays, promises to pay, solicits, or receives any remuneration, including any commission, bonus,
344     kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, or
345     engages in any split-fee arrangement in return for:
346          (a) referring an individual to a person for the furnishing or arranging for the furnishing
347     of any item or service for the treatment of a substance use disorder;
348          (b) receiving a referred individual for the furnishing or arranging for the furnishing of
349     any item or service for the treatment of a substance use disorder; or
350          (c) referring a clinical sample to a person, including a laboratory, for testing that is
351     used toward the furnishing of any item or service for the treatment of a substance use disorder.
352          (6) Subsection (5) does not prohibit:
353          (a) any discount, payment, waiver of payment, or payment practice not prohibited by
354     42 U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
355          (b) patient referrals within a practice group;
356          (c) payments by a health insurer who reimburses, provides, offers to provide, or
357     administers health, mental health, or substance use disorder goods or services under a health
358     benefit plan;
359          (d) payments to or by a health care provider, practice group, or substance use disorder
360     treatment program that has contracted with a local mental health authority, a local substance
361     abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
362     program to provide health, mental health, or substance use disorder services;
363          (e) payments by a health care provider, practice group, or substance use disorder
364     treatment program to a health, mental health, or substance use disorder information service that
365     provides information upon request and without charge to consumers about providers of health
366     care goods or services to enable consumers to select appropriate providers or facilities, if the
367     information service:
368          (i) does not attempt, through standard questions for solicitation of consumer criteria or

369     through any other means, to steer or lead a consumer to select or consider selection of a
370     particular health care provider, practice group, or substance use disorder treatment program;
371          (ii) does not provide or represent that the information service provides diagnostic or
372     counseling services or assessments of illness or injury and does not make any promises of cure
373     or guarantees of treatment; and
374          (iii) charges and collects fees from a health care provider, practice group, or substance
375     use disorder treatment program participating in information services that:
376          (A) are set in advance;
377          (B) are consistent with the fair market value for those information services; and
378          (C) are not based on the potential value of the goods or services that a health care
379     provider, practice group, or substance use disorder treatment program may provide to a patient;
380     or
381          (f) payments by a laboratory to a person that:
382          (i) does not have a financial interest in or with a facility or person who refers a clinical
383     sample to the laboratory;
384          (ii) is not related to an owner of a facility or a person who refers a clinical sample to
385     the laboratory;
386          (iii) is not related to and does not have a financial relationship with a health care
387     provider who orders the laboratory to conduct a test that is used toward the furnishing of an
388     item or service for the treatment of a substance use disorder;
389          (iv) identifies, in advance of providing marketing or sales services, the types of clinical
390     samples that each laboratory will receive, if the person provides marketing or sales services to
391     more than one laboratory;
392          (v) the person does not identify as or hold itself out to be a laboratory or part of a
393     network with an insurance payor, if the person provides marketing or sales services under a
394     contract with a laboratory, as described in Subsection (6)(f)(vii)(B);
395          (vi) the person identifies itself in all marketing materials as a salesperson for a licensed
396     laboratory and identifies each laboratory that the person represents, if the person provides
397     marketing or sales services under a contract with a laboratory, as described in Subsection
398     (6)(f)(vii)(B); and
399          (vii) (A) is a sales person employed by the laboratory to market or sell the laboratory's

400     services to a person who provides substance use disorder treatment; or
401          (B) is a person under contract with the laboratory to market or sell the laboratory's
402     services to a person who provides substance use disorder treatment, if the total compensation
403     paid by the laboratory does not exceed the total compensation that the laboratory pays to
404     employees of the laboratory for similar marketing or sales services.
405          (7) (a) A person may not knowingly or willfully, in exchange for referring an
406     individual to a youth transportation company:
407          (i) offer, pay, promise to pay, solicit, or receive any remuneration directly or indirectly,
408     overtly or covertly, in cash or in kind, including:
409          (A) a commission;
410          (B) a bonus;
411          (C) a kickback;
412          (D) a bribe; or
413          (E) a rebate; or
414          (ii) engage in any split-fee arrangement.
415          (b) A person who violates Subsection (7)(a) is guilty of a class A misdemeanor and
416     shall be assessed a penalty in accordance with Subsection (2).
417          Section 3. Section 62A-2-120 is amended to read:
418          62A-2-120. Background check -- Direct access to children or vulnerable adults.
419          (1) As used in this section:
420          (a) (i) "Applicant" means:
421          (A) the same as that term is defined in Section 62A-2-101;
422          (B) an individual who is associated with a licensee and has or will likely have direct
423     access to a child or a vulnerable adult;
424          (C) an individual who provides respite care to a foster parent or an adoptive parent on
425     more than one occasion;
426          (D) a department contractor;
427          (E) an individual who transports a child for a youth transportation company;
428          [(E)] (F) a guardian submitting an application on behalf of an individual, other than the
429     child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
430     and resides in a home, that is licensed or certified by the office, with the child or vulnerable

431     adult who is receiving services; or
432          [(F)] (G) a guardian submitting an application on behalf of an individual, other than the
433     child or vulnerable adult who is receiving the service, if the individual is 12 years old or older
434     and is a person described in Subsection (1)(a)(i)(A), (B), (C), or (D).
435          (ii) "Applicant" does not mean an individual, including an adult, who is in the custody
436     of the Division of Child and Family Services or the Division of Juvenile Justice Services.
437          (b) "Application" means a background screening application to the office.
438          (c) "Bureau" means the Bureau of Criminal Identification within the Department of
439     Public Safety, created in Section 53-10-201.
440          (d) "Incidental care" means occasional care, not in excess of five hours per week and
441     never overnight, for a foster child.
442          (e) "Personal identifying information" means:
443          (i) current name, former names, nicknames, and aliases;
444          (ii) date of birth;
445          (iii) physical address and email address;
446          (iv) telephone number;
447          (v) driver license or other government-issued identification;
448          (vi) social security number;
449          (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
450     by the office; and
451          (viii) other information specified by the office by rule made in accordance with Title
452     63G, Chapter 3, Utah Administrative Rulemaking Act.
453          (2) (a) Except as provided in Subsection (13), an applicant or a representative shall
454     submit the following to the office:
455          (i) personal identifying information;
456          (ii) a fee established by the office under Section 63J-1-504; and
457          (iii) a disclosure form, specified by the office, for consent for:
458          (A) an initial background check upon submission of the information described under
459     this Subsection (2)(a);
460          (B) ongoing monitoring of fingerprints and registries until no longer associated with a
461     licensee for 90 days;

462          (C) a background check when the office determines that reasonable cause exists; and
463          (D) retention of personal identifying information, including fingerprints, for
464     monitoring and notification as described in Subsections (3)(d) and (4).
465          (b) In addition to the requirements described in Subsection (2)(a), if an applicant
466     resided outside of the United States and its territories during the five years immediately
467     preceding the day on which the information described in Subsection (2)(a) is submitted to the
468     office, the office may require the applicant to submit documentation establishing whether the
469     applicant was convicted of a crime during the time that the applicant resided outside of the
470     United States or its territories.
471          (3) The office:
472          (a) shall perform the following duties as part of a background check of an applicant:
473          (i) check state and regional criminal background databases for the applicant's criminal
474     history by:
475          (A) submitting personal identifying information to the bureau for a search; or
476          (B) using the applicant's personal identifying information to search state and regional
477     criminal background databases as authorized under Section 53-10-108;
478          (ii) submit the applicant's personal identifying information and fingerprints to the
479     bureau for a criminal history search of applicable national criminal background databases;
480          (iii) search the Department of Human Services, Division of Child and Family Services'
481     Licensing Information System described in Section 62A-4a-1006;
482          (iv) search the Department of Human Services, Division of Aging and Adult Services'
483     vulnerable adult abuse, neglect, or exploitation database described in Section 62A-3-311.1;
484          (v) search the juvenile court records for substantiated findings of severe child abuse or
485     neglect described in Section 80-3-404; and
486          (vi) search the juvenile court arrest, adjudication, and disposition records, as provided
487     under Section 78A-6-209;
488          (b) shall conduct a background check of an applicant for an initial background check
489     upon submission of the information described under Subsection (2)(a);
490          (c) may conduct all or portions of a background check of an applicant, as provided by
491     rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
492     Rulemaking Act:

493          (i) for an annual renewal; or
494          (ii) when the office determines that reasonable cause exists;
495          (d) may submit an applicant's personal identifying information, including fingerprints,
496     to the bureau for checking, retaining, and monitoring of state and national criminal background
497     databases and for notifying the office of new criminal activity associated with the applicant;
498          (e) shall track the status of an approved applicant under this section to ensure that an
499     approved applicant is not required to duplicate the submission of the applicant's fingerprints if
500     the applicant applies for:
501          (i) more than one license;
502          (ii) direct access to a child or a vulnerable adult in more than one human services
503     program; or
504          (iii) direct access to a child or a vulnerable adult under a contract with the department;
505          (f) shall track the status of each license and each individual with direct access to a child
506     or a vulnerable adult and notify the bureau within 90 days after the day on which the license
507     expires or the individual's direct access to a child or a vulnerable adult ceases;
508          (g) shall adopt measures to strictly limit access to personal identifying information
509     solely to the individuals responsible for processing and entering the applications for
510     background checks and to protect the security of the personal identifying information the office
511     reviews under this Subsection (3);
512          (h) as necessary to comply with the federal requirement to check a state's child abuse
513     and neglect registry regarding any individual working in a congregate care program, shall:
514          (i) search the Department of Human Services, Division of Child and Family Services'
515     Licensing Information System described in Section 62A-4a-1006; and
516          (ii) require the child abuse and neglect registry be checked in each state where an
517     applicant resided at any time during the five years immediately preceding the day on which the
518     applicant submits the information described in Subsection (2)(a) to the office; and
519          (i) shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
520     Rulemaking Act, to implement the provisions of this Subsection (3) relating to background
521     checks.
522          (4) (a) With the personal identifying information the office submits to the bureau under
523     Subsection (3), the bureau shall check against state and regional criminal background databases

524     for the applicant's criminal history.
525          (b) With the personal identifying information and fingerprints the office submits to the
526     bureau under Subsection (3), the bureau shall check against national criminal background
527     databases for the applicant's criminal history.
528          (c) Upon direction from the office, and with the personal identifying information and
529     fingerprints the office submits to the bureau under Subsection (3)(d), the bureau shall:
530          (i) maintain a separate file of the fingerprints for search by future submissions to the
531     local and regional criminal records databases, including latent prints; and
532          (ii) monitor state and regional criminal background databases and identify criminal
533     activity associated with the applicant.
534          (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
535     Investigation Next Generation Identification System, to be retained in the Federal Bureau of
536     Investigation Next Generation Identification System for the purpose of:
537          (i) being searched by future submissions to the national criminal records databases,
538     including the Federal Bureau of Investigation Next Generation Identification System and latent
539     prints; and
540          (ii) monitoring national criminal background databases and identifying criminal
541     activity associated with the applicant.
542          (e) The Bureau shall notify and release to the office all information of criminal activity
543     associated with the applicant.
544          (f) Upon notice from the office that a license has expired or an individual's direct
545     access to a child or a vulnerable adult has ceased for 90 days, the bureau shall:
546          (i) discard and destroy any retained fingerprints; and
547          (ii) notify the Federal Bureau of Investigation when the license has expired or an
548     individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
549     of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
550     Investigation Next Generation Identification System.
551          (5) (a) After conducting the background check described in Subsections (3) and (4), the
552     office shall deny an application to an applicant who, within three years before the day on which
553     the applicant submits information to the office under Subsection (2) for a background check,
554     has been convicted of any of the following, regardless of whether the offense is a felony, a

555     misdemeanor, or an infraction:
556          (i) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
557     animals, or bestiality;
558          (ii) a violation of any pornography law, including sexual exploitation of a minor;
559          (iii) prostitution;
560          (iv) an offense included in:
561          (A) Title 76, Chapter 5, Offenses Against the Person;
562          (B) Section 76-5b-201, Sexual Exploitation of a Minor; or
563          (C) Title 76, Chapter 7, Offenses Against the Family;
564          (v) aggravated arson, as described in Section 76-6-103;
565          (vi) aggravated burglary, as described in Section 76-6-203;
566          (vii) aggravated robbery, as described in Section 76-6-302;
567          (viii) identity fraud crime, as described in Section 76-6-1102; or
568          (ix) a felony or misdemeanor offense committed outside of the state that, if committed
569     in the state, would constitute a violation of an offense described in Subsections (5)(a)(i)
570     through (viii).
571          (b) If the office denies an application to an applicant based on a conviction described in
572     Subsection (5)(a), the applicant is not entitled to a comprehensive review described in
573     Subsection (6).
574          (c) If the applicant will be working in a program serving only adults whose only
575     impairment is a mental health diagnosis, including that of a serious mental health disorder,
576     with or without co-occurring substance use disorder, the denial provisions of Subsection (5)(a)
577     do not apply, and the office shall conduct a comprehensive review as described in Subsection
578     (6).
579          (6) (a) The office shall conduct a comprehensive review of an applicant's background
580     check if the applicant:
581          (i) has an open court case or a conviction for any felony offense, not described in
582     Subsection (5)(a), with a date of conviction that is no more than 10 years before the date on
583     which the applicant submits the application;
584          (ii) has an open court case or a conviction for a misdemeanor offense, not described in
585     Subsection (5)(a), and designated by the office, by rule, in accordance with Title 63G, Chapter

586     3, Utah Administrative Rulemaking Act, if the conviction is within three years before the day
587     on which the applicant submits information to the office under Subsection (2) for a background
588     check;
589          (iii) has a conviction for any offense described in Subsection (5)(a) that occurred more
590     than three years before the day on which the applicant submitted information under Subsection
591     (2)(a);
592          (iv) is currently subject to a plea in abeyance or diversion agreement for any offense
593     described in Subsection (5)(a);
594          (v) has a listing in the Department of Human Services, Division of Child and Family
595     Services' Licensing Information System described in Section 62A-4a-1006;
596          (vi) has a listing in the Department of Human Services, Division of Aging and Adult
597     Services' vulnerable adult abuse, neglect, or exploitation database described in Section
598     62A-3-311.1;
599          (vii) has a record in the juvenile court of a substantiated finding of severe child abuse
600     or neglect described in Section 80-3-404;
601          (viii) has a record of an adjudication in juvenile court for an act that, if committed by
602     an adult, would be a felony or misdemeanor, if the applicant is:
603          (A) under 28 years old; or
604          (B) 28 years old or older and has been convicted of, has pleaded no contest to, or is
605     currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
606     offense described in Subsection (5)(a);
607          (ix) has a pending charge for an offense described in Subsection (5)(a); or
608          (x) is an applicant described in Subsection (5)(c).
609          (b) The comprehensive review described in Subsection (6)(a) shall include an
610     examination of:
611          (i) the date of the offense or incident;
612          (ii) the nature and seriousness of the offense or incident;
613          (iii) the circumstances under which the offense or incident occurred;
614          (iv) the age of the perpetrator when the offense or incident occurred;
615          (v) whether the offense or incident was an isolated or repeated incident;
616          (vi) whether the offense or incident directly relates to abuse of a child or vulnerable

617     adult, including:
618          (A) actual or threatened, nonaccidental physical, mental, or financial harm;
619          (B) sexual abuse;
620          (C) sexual exploitation; or
621          (D) negligent treatment;
622          (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
623     treatment received, or additional academic or vocational schooling completed;
624          (viii) the applicant's risk of harm to clientele in the program or in the capacity for
625     which the applicant is applying; and
626          (ix) any other pertinent information presented to or publicly available to the committee
627     members.
628          (c) At the conclusion of the comprehensive review described in Subsection (6)(a), the
629     office shall deny an application to an applicant if the office finds that approval would likely
630     create a risk of harm to a child or a vulnerable adult.
631          (d) At the conclusion of the comprehensive review described in Subsection (6)(a), the
632     office may not deny an application to an applicant solely because the applicant was convicted
633     of an offense that occurred 10 or more years before the day on which the applicant submitted
634     the information required under Subsection (2)(a) if:
635          (i) the applicant has not committed another misdemeanor or felony offense after the
636     day on which the conviction occurred; and
637          (ii) the applicant has never been convicted of an offense described in Subsection
638     (14)(c).
639          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
640     office may make rules, consistent with this chapter, to establish procedures for the
641     comprehensive review described in this Subsection (6).
642          (7) Subject to Subsection (10), the office shall approve an application to an applicant
643     who is not denied under Subsection (5), (6), or (14).
644          (8) (a) The office may conditionally approve an application of an applicant, for a
645     maximum of 60 days after the day on which the office sends written notice to the applicant
646     under Subsection (12), without requiring that the applicant be directly supervised, if the office:
647          (i) is awaiting the results of the criminal history search of national criminal background

648     databases; and
649          (ii) would otherwise approve an application of the applicant under Subsection (7).
650          (b) The office may conditionally approve an application of an applicant, for a
651     maximum of one year after the day on which the office sends written notice to the applicant
652     under Subsection (12), without requiring that the applicant be directly supervised if the office:
653          (i) is awaiting the results of an out-of-state registry for providers other than foster and
654     adoptive parents; and
655          (ii) would otherwise approve an application of the applicant under Subsection (7).
656          (c) Upon receiving the results of the criminal history search of a national criminal
657     background database, the office shall approve or deny the application of the applicant in
658     accordance with Subsections (5) through (7).
659          (9) A licensee or department contractor may not permit an individual to have direct
660     access to a child or a vulnerable adult unless, subject to Subsection (10):
661          (a) the individual is associated with the licensee or department contractor and:
662          (i) the individual's application is approved by the office under this section;
663          (ii) the individual's application is conditionally approved by the office under
664     Subsection (8); or
665          (iii) (A) the individual has submitted the background check information described in
666     Subsection (2) to the office;
667          (B) the office has not determined whether to approve the applicant's application; and
668          (C) the individual is directly supervised by an individual who has a current background
669     screening approval issued by the office under this section and is associated with the licensee or
670     department contractor;
671          (b) (i) the individual is associated with the licensee or department contractor;
672          (ii) the individual has a current background screening approval issued by the office
673     under this section;
674          (iii) one of the following circumstances, that the office has not yet reviewed under
675     Subsection (6), applies to the individual:
676          (A) the individual was charged with an offense described in Subsection (5)(a);
677          (B) the individual is listed in the Licensing Information System, described in Section
678     62A-4a-1006;

679          (C) the individual is listed in the vulnerable adult abuse, neglect, or exploitation
680     database, described in Section 62A-3-311.1;
681          (D) the individual has a record in the juvenile court of a substantiated finding of severe
682     child abuse or neglect, described in Section 80-3-404; or
683          (E) the individual has a record of an adjudication in juvenile court for an act that, if
684     committed by an adult, would be a felony or a misdemeanor as described in Subsection (5)(a)
685     or (6); and
686          (iv) the individual is directly supervised by an individual who:
687          (A) has a current background screening approval issued by the office under this
688     section; and
689          (B) is associated with the licensee or department contractor;
690          (c) the individual:
691          (i) is not associated with the licensee or department contractor; and
692          (ii) is directly supervised by an individual who:
693          (A) has a current background screening approval issued by the office under this
694     section; and
695          (B) is associated with the licensee or department contractor;
696          (d) the individual is the parent or guardian of the child, or the guardian of the
697     vulnerable adult;
698          (e) the individual is approved by the parent or guardian of the child, or the guardian of
699     the vulnerable adult, to have direct access to the child or the vulnerable adult;
700          (f) the individual is only permitted to have direct access to a vulnerable adult who
701     voluntarily invites the individual to visit; or
702          (g) the individual only provides incidental care for a foster child on behalf of a foster
703     parent who has used reasonable and prudent judgment to select the individual to provide the
704     incidental care for the foster child.
705          (10) An individual may not have direct access to a child or a vulnerable adult if the
706     individual is prohibited by court order from having that access.
707          (11) Notwithstanding any other provision of this section, an individual for whom the
708     office denies an application may not have direct access to a child or vulnerable adult unless the
709     office approves a subsequent application by the individual.

710          (12) (a) Within 30 days after the day on which the office receives the background
711     check information for an applicant, the office shall give notice of the clearance status to:
712          (i) the applicant, and the licensee or department contractor, of the office's decision
713     regarding the background check and findings; and
714          (ii) the applicant of any convictions and potentially disqualifying charges and
715     adjudications found in the search.
716          (b) With the notice described in Subsection (12)(a), the office shall also give the
717     applicant the details of any comprehensive review conducted under Subsection (6).
718          (c) If the notice under Subsection (12)(a) states that the applicant's application is
719     denied, the notice shall further advise the applicant that the applicant may, under Subsection
720     62A-2-111(2), request a hearing in the department's Office of Administrative Hearings, to
721     challenge the office's decision.
722          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
723     office shall make rules, consistent with this chapter:
724          (i) defining procedures for the challenge of the office's background check decision
725     described in Subsection (12)(c); and
726          (ii) expediting the process for renewal of a license under the requirements of this
727     section and other applicable sections.
728          (13) An individual or a department contractor who provides services in an adults only
729     substance use disorder program, as defined by rule, is exempt from this section. This
730     exemption does not extend to a program director or a member, as defined by Section
731     62A-2-108, of the program.
732          (14) (a) Except as provided in Subsection (14)(b), in addition to the other requirements
733     of this section, if the background check of an applicant is being conducted for the purpose of
734     giving clearance status to an applicant seeking a position in a congregate care program, an
735     applicant for a one-time adoption, an applicant seeking to provide a prospective foster home, or
736     an applicant seeking to provide a prospective adoptive home, the office shall:
737          (i) check the child abuse and neglect registry in each state where each applicant resided
738     in the five years immediately preceding the day on which the applicant applied to be a foster
739     parent or adoptive parent, to determine whether the prospective foster parent or prospective
740     adoptive parent is listed in the registry as having a substantiated or supported finding of child

741     abuse or neglect; and
742          (ii) check the child abuse and neglect registry in each state where each adult living in
743     the home of the applicant described in Subsection (14)(a)(i) resided in the five years
744     immediately preceding the day on which the applicant applied to be a foster parent or adoptive
745     parent, to determine whether the adult is listed in the registry as having a substantiated or
746     supported finding of child abuse or neglect.
747          (b) The requirements described in Subsection (14)(a) do not apply to the extent that:
748          (i) federal law or rule permits otherwise; or
749          (ii) the requirements would prohibit the Division of Child and Family Services or a
750     court from placing a child with:
751          (A) a noncustodial parent under Section 62A-4a-209, 80-3-302, or 80-3-303; or
752          (B) a relative, other than a noncustodial parent, under Section 62A-4a-209, 80-3-302,
753     or 80-3-303, pending completion of the background check described in Subsection (5).
754          (c) Notwithstanding Subsections (5) through (9), the office shall deny a clearance to an
755     applicant seeking a position in a congregate care program, an applicant for a one-time adoption,
756     an applicant to become a prospective foster parent, or an applicant to become a prospective
757     adoptive parent if the applicant has been convicted of:
758          (i) a felony involving conduct that constitutes any of the following:
759          (A) child abuse, as described in Section 76-5-109;
760          (B) commission of domestic violence in the presence of a child, as described in Section
761     76-5-109.1;
762          (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
763          (D) endangerment of a child or vulnerable adult, as described in Section 76-5-112.5;
764          (E) aggravated murder, as described in Section 76-5-202;
765          (F) murder, as described in Section 76-5-203;
766          (G) manslaughter, as described in Section 76-5-205;
767          (H) child abuse homicide, as described in Section 76-5-208;
768          (I) homicide by assault, as described in Section 76-5-209;
769          (J) kidnapping, as described in Section 76-5-301;
770          (K) child kidnapping, as described in Section 76-5-301.1;
771          (L) aggravated kidnapping, as described in Section 76-5-302;

772          (M) human trafficking of a child, as described in Section 76-5-308.5;
773          (N) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
774          (O) sexual exploitation of a minor, as described in Section 76-5b-201;
775          (P) aggravated arson, as described in Section 76-6-103;
776          (Q) aggravated burglary, as described in Section 76-6-203;
777          (R) aggravated robbery, as described in Section 76-6-302; or
778          (S) domestic violence, as described in Section 77-36-1; or
779          (ii) an offense committed outside the state that, if committed in the state, would
780     constitute a violation of an offense described in Subsection (14)(c)(i).
781          (d) Notwithstanding Subsections (5) through (9), the office shall deny a license or
782     license renewal to a prospective foster parent or a prospective adoptive parent if, within the
783     five years immediately preceding the day on which the individual's application or license would
784     otherwise be approved, the applicant was convicted of a felony involving conduct that
785     constitutes a violation of any of the following:
786          (i) aggravated assault, as described in Section 76-5-103;
787          (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
788          (iii) mayhem, as described in Section 76-5-105;
789          (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
790          (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
791          (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
792     Act;
793          (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
794     Precursor Act; or
795          (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
796          (e) In addition to the circumstances described in Subsection (6)(a), the office shall
797     conduct the comprehensive review of an applicant's background check pursuant to this section
798     if the registry check described in Subsection (14)(a) indicates that the individual is listed in a
799     child abuse and neglect registry of another state as having a substantiated or supported finding
800     of a severe type of child abuse or neglect as defined in Section 62A-4a-1002.
801          Section 4. Section 62A-2-123 is amended to read:
802          62A-2-123. Congregate care program regulation.

803          (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary
804     practice on a child, including:
805          (a) a strip search unless the congregate care program determines and documents that a
806     strip search is necessary to protect an individual's health or safety;
807          (b) a body cavity search unless the congregate care program determines and documents
808     that a body cavity search is necessary to protect an individual's health or safety;
809          (c) inducing pain to obtain compliance;
810          (d) hyperextending joints;
811          (e) peer restraints;
812          (f) discipline or punishment that is intended to frighten or humiliate;
813          (g) requiring or forcing the child to take an uncomfortable position, including squatting
814     or bending;
815          (h) for the purpose of punishing or humiliating, requiring or forcing the child to repeat
816     physical movements or physical exercises such as running laps or performing push-ups;
817          (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
818          (j) denying an essential program service;
819          (k) depriving the child of a meal, water, rest, or opportunity for toileting;
820          (l) denying shelter, clothing, or bedding;
821          (m) withholding personal interaction, emotional response, or stimulation;
822          (n) prohibiting the child from entering the residence;
823          (o) abuse as defined in Section 80-1-102; and
824          (p) neglect as defined in Section 80-1-102.
825          (2) Before a congregate care program may use a restraint or seclusion, the congregate
826     care program shall:
827          (a) develop and implement written policies and procedures that:
828          (i) describe the circumstances under which a staff member may use a restraint or
829     seclusion;
830          (ii) describe which staff members are authorized to use a restraint or seclusion;
831          (iii) describe procedures for monitoring a child that is restrained or in seclusion;
832          (iv) describe time limitations on the use of a restraint or seclusion;
833          (v) require immediate and continuous review of the decision to use a restraint or

834     seclusion;
835          (vi) require documenting the use of a restraint or seclusion;
836          (vii) describe record keeping requirements for records related to the use of a restraint or
837     seclusion;
838          (viii) to the extent practicable, require debriefing the following individuals if
839     debriefing would not interfere with an ongoing investigation, violate any law or regulation, or
840     conflict with a child's treatment plan:
841          (A) each witness to the event;
842          (B) each staff member involved; and
843          (C) the child who was restrained or in seclusion[.];
844          (ix) include a procedure for complying with Subsection (5); and
845          (x) provide an administrative review process and required follow up actions after a
846     child is restrained or put in seclusion; and
847          (b) consult with the office to ensure that the congregate care program's written policies
848     and procedures align with [industry standards and] applicable law.
849          (3) A congregate care program:
850          (a) may use a passive physical restraint only if the passive physical restraint is
851     supported by a nationally or regionally recognized curriculum focused on non-violent
852     interventions and de-escalation techniques;
853          (b) may not use a chemical or mechanical restraint unless the office has authorized the
854     congregate care program to use a chemical or mechanical restraint;
855          (c) shall ensure that a staff member that uses a restraint on a child is:
856          (i) properly trained to use the restraint; and
857          (ii) familiar with the child and if the child has a treatment plan, the child's treatment
858     plan; and
859          (d) shall train each staff member on how to intervene if another staff member fails to
860     follow correct procedures when using a restraint.
861          (4) (a) A congregate care program:
862          (i) may use seclusion if:
863          (A) the purpose for the seclusion is to ensure the immediate safety of the child or
864     others; and

865          (B) no less restrictive intervention is likely to ensure the safety of the child or others;
866     and
867          (ii) may not use seclusion:
868          (A) for coercion, retaliation, or humiliation; or
869          (B) due to inadequate staffing or for the staff's convenience.
870          (b) While a child is in seclusion, a staff member who is familiar to the child shall
871     actively supervise the child for the duration of the seclusion.
872          (5) Subject to the office's review and approval, a congregate care program shall
873     develop:
874          (a) suicide prevention policies and procedures that describe:
875          (i) how the congregate care program will respond in the event a child exhibits
876     self-injurious, self-harm, or suicidal behavior;
877          (ii) warning signs of suicide;
878          (iii) emergency protocol and contacts;
879          (iv) training requirements for staff, including suicide prevention training;
880          (v) procedures for implementing additional supervision precautions and for removing
881     any additional supervision precautions;
882          (vi) suicide risk assessment procedures;
883          (vii) documentation requirements for a child's suicide ideation and self-harm;
884          (viii) special observation precautions for a child exhibiting warning signs of suicide;
885          (ix) communication procedures to ensure all staff are aware of a child who exhibits
886     warning signs of suicide;
887          (x) a process for tracking suicide behavioral patterns; and
888          (xi) a post-intervention plan with identified resources; and
889          (b) based on state law and industry best practices, policies and procedures for
890     managing a child's behavior during the child's participation in the congregate care program.
891          (6) (a) A congregate care program:
892          [(a)] (i) [when not otherwise prohibited by law] subject to Subsection (6)(b), shall
893     facilitate weekly confidential [communication] voice-to-voice communication between a child
894     and the child's parents, guardian, foster parents, and siblings, as applicable;
895          [(b)] (ii) shall ensure that the communication described in Subsection (6)(a)(i)

896     complies with the child's treatment plan, if any; and
897          [(c)] (iii) may not use family contact as an incentive for proper behavior or withhold
898     family contact as a punishment.
899          (b) Ŝ→ [
A congregate care program may deny the communication, or modify the frequency
900     or the form of the communication described in Subsection (6)(a)(i) if:
901          (i) the office approves the denial or modification; or
902          (ii) state law or a court order prohibits the communication, the frequency, or the form
903     of the communication.
]

903a     For the communication described in Subsection (6)(a)(i), a congregate care program may not:
903b     (i) deny the communication unless state law or a court order prohibits the communication; or
903c     (ii) modify the frequency or form of the communication unless:
903d          (A) the office approves the modification; or
903e          (B) state law or a court order prohibits the frequency or the form of the
903f     communication. ←Ŝ
904          Section 5. Section 62A-2-126 is enacted to read:
905          62A-2-126. Youth transportation company registration.
906          (1) The office shall establish a registration system for youth transportation companies.
907          (2) The office shall establish a fee:
908          (a) under Section 63J-1-504 that does not exceed $500; and
909          (b) that when paid by all registrants generates sufficient revenue to cover or
910     substantially cover the costs for the creation and maintenance of the registration system.
911          (3) A youth transportation company shall:
912          (a) register with the office; and
913          (b) provide the office:
914          (i) proof of a business insurance policy that provides at least $1,000,000 in coverage;
915     and
916          (ii) a valid business license from the state where the youth transportation company is
917     headquartered.
918          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
919     office shall make rules to implement this section.