S.B. 107

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 1, 2005 at 12:52 PM by rday. --> This document includes House Floor Amendments incorporated into the bill on Fri, Feb 25, 2005 at 5:53 PM by chopkin. --> 1

LICENSURE AND REGULATION OF
2 PROGRAMS AND FACILITIES
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Thomas V. Hatch
6
7 LONG TITLE
8 General Description:
9 This bill amends the licensing provisions of Title 62A, Chapter 2, Licensure of
10 Programs and Facilities, and related provisions.
11 Highlighted Provisions:
12 This bill:
13 . modifies and enacts defined terms;
14 . amends the responsibilities and rulemaking duties of the Office of Licensing;
15 . lists grounds for refusing to renew a license;
16 . provides requirements for a human services program to obtain approval of
17 educational service and funding plans;
18 . imposes requirements for licensing and for making rules regarding the licensing of
19 residential treatment programs;
20 . requires applicants for a license to operate a residential treatment program to
21 provide a description of the program and notice of intent to operate a residential
22 treatment program to the governing body of the city or county where the program
23 intends to operate;
24 . provides that a local government may request that the office designate a local
25 government employee as a certified local inspector;
26 . describes the powers of, and restrictions on, a certified local inspector;
27 . describes the responsibilities of a local government relating to a certified local

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29 . provides that records received by the Office of Licensing through reports and
30 inspections shall be classified in accordance with the Government Records and
31 Access Management Act;
32 . provides that Title 62A, Chapter 2, Licensure of Programs and Facilities, does not
33 apply to boarding schools or certain licensed mental health professionals;
34 . provides that the Office of Licensing may place conditions on licenses;
35 . lists standards for determining whether to reissue a revoked license;
36 . provides that a revoked license may not be reissued until at least one year after final
37 notice of the revocation is served;
38 . provides that a license may be suspended for up to one year;
39 . provides that full faith and credit be extended to an Indian tribe's licensure of tribal
40 foster homes;
41 . permits records to be copied during administrative inspections;
42 . provides standards for:
43 . conducting and reviewing background checks; and
44 . granting persons direct access to children and vulnerable adults;
45 . provides that substance abuse treatment programs that provide services to adults
46 only are not required to submit identifying information to the Office of Licensing
47 for criminal background checks;
48 . provides the Department of Human Services with access to records to conduct
49 background checks;
50 . provides that the Department of Human Services may inform a local government
51 that a certified local inspector applicant is listed in those records;
52 . provides that a person who is a representative of private residential treatment
53 facilities shall be included on the Board of Child and Family Services; and
54 . makes technical changes.
55 Monies Appropriated in this Bill:
56 None
57 Other Special Clauses:
58 None

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- 3 - 59 Utah Code Sections Affected:
60 AMENDS:
61 62A-2-101, as last amended by Chapter 22, Laws of Utah 2003
62 62A-2-105, as last amended by Chapter 119, Laws of Utah 2003
63 62A-2-106, as last amended by Chapter 119, Laws of Utah 2003
64 62A-2-108, as last amended by Chapter 358, Laws of Utah 1998
65 62A-2-108.1, as last amended by Chapter 42, Laws of Utah 1997
66 62A-2-109, as last amended by Chapter 358, Laws of Utah 1998
67 62A-2-110, as last amended by Chapter 358, Laws of Utah 1998
68 62A-2-111, as last amended by Chapter 358, Laws of Utah 1998
69 62A-2-112, as last amended by Chapter 358, Laws of Utah 1998
70 62A-2-113, as last amended by Chapter 358, Laws of Utah 1998
71 62A-2-116, as last amended by Chapter 358, Laws of Utah 1998
72 62A-2-117, as enacted by Chapter 358, Laws of Utah 1998
73 62A-2-118, as enacted by Chapter 358, Laws of Utah 1998
74 62A-2-120, as last amended by Chapter 300, Laws of Utah 2002
75 62A-2-121, as last amended by Chapter 86, Laws of Utah 2004
76 62A-2-122, as enacted by Chapter 300, Laws of Utah 2002
77 62A-4a-102, as last amended by Chapter 246, Laws of Utah 2003
78 62A-4a-116.2, as last amended by Chapter 86, Laws of Utah 2004
79 78-3a-320, as last amended by Chapter 210, Laws of Utah 2003
80 ENACTS:
81 62A-2-108.2, Utah Code Annotated 1953
82 62A-2-108.3, Utah Code Annotated 1953
83
84 Be it enacted by the Legislature of the state of Utah:
85 Section 1. Section 62A-2-101 is amended to read:
86 62A-2-101. Definitions.
87 As used in this chapter:
88 (1) "Adult day care" means [continuous] nonresidential care and supervision:
89 (a) for three or more adults for at least four but less than 24 hours a day[,]; and

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(b) that meets the needs of functionally impaired adults through a comprehensive
91 program that provides a variety of health, social, recreational, and related support services in a
92 protective setting.
93 (2) (a) "Boarding school" means a S. [ regionally accredited ] .S private school that:
93a S. (i) uses a regionally accredited education program;
94 [ (i) ] (ii) .S provides a residence to the school's students:
95 (A) for the purpose of enabling the school's students to attend classes at the school; and
96 (B) as an ancillary service to educating the students at the school;
97 S. [ (ii) ] (iii) .S has the primary purpose of providing the school's students with an
97a education, as
98 defined in Subsection (2)(b)(i); and
99 S. [ (iii) ] (iv).S (A) does not provide the treatment or services described in Subsection
99a (27)(a); or
100 (B) provides the treatment or services described in Subsection (27)(a) on a limited
101 basis, as described in Subsection (2)(b)(ii).
102 (b) (i) For purposes of Subsection (2)(a) S. [ (ii) ] (iii) .S , "education" means a course of
102a study for
103 one or more of grades kindergarten through 12th grade.
104 (ii) For purposes of Subsection (2)(a) S. [ (iii) ] (iv) .S (B), a private school provides the
104a treatment or
105 services described in Subsection (27)(a) on a limited basis if:
106 (A) the treatment or services described in Subsection (27)(a) are provided only as an
107 incidental service to a student; and
108 (B) the school does not:
109 (I) specifically solicit a student for the purpose of providing the treatment or services
110 described in Subsection (27)(a); or
111 (II) have a primary purpose of providing the services described in Subsection (27)(a).
111a H. (c) "Boarding school" does not include a therapeutic school. .H
112 (3) "Certified local inspector" means a person certified by the office, pursuant to
113 Subsection 62A-2-108.3 (1), to conduct an inspection described in Subsection 62A-2-108.3 (4).
114 (4) "Certified local inspector applicant" means a person for which designation as a
115 certified local inspector is sought under Section 62A-2-108.3 .
116 [(2)] (5) "Child" means a person under 18 years of age.
117 [(3)] (6) "Child placing" means receiving, accepting, or providing custody or care for
118 any child [under 18 years of age], temporarily or permanently, for the purpose of:
119 (a) finding a person to adopt the child;
120 (b) placing the child [temporarily or permanently] in a home for adoption; or

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(c) foster home placement.
122 [(4)] (7) "Client" means an individual who receives or has received services from a
123 [human services] licensee [under this chapter].
124 [(5)] (8) "Day treatment" means specialized treatment [for] that is provided to:
125 (a) a client less than 24 hours a day [for]; and
126 (b) four or more persons who:
127 (i) are unrelated to the owner or provider; and [who]
128 (ii) have emotional, psychological, developmental, physical, or behavioral
129 dysfunctions, impairments, or chemical dependencies. [Day treatment is provided in lieu of, or
130 in coordination with, a more restrictive residential or inpatient environment or service.]
131 [(6)] (9) "Department" means the Department of Human Services.
132 [(7)] (10) "Direct access" means that an individual has, or likely will have, contact with
133 or access to a child or vulnerable adult that provides the individual with an opportunity for
134 personal communication or touch.
135 [(8)] (11) "Director" means the director of the Office of Licensing.
136 (12) "Domestic violence" is as defined in Section 77-36-1 .
137 [(9)] (13) "Domestic violence treatment program" means a nonresidential program
138 designed to provide psychological treatment and educational services to perpetrators and
139 victims of domestic violence.
140 [(10)] (14) "Elder adult" means a person 65 years of age or older.
141 [(11)] (15) "Executive director" means the executive director of the department.
142 (16) "Foster home" means a temporary residential living environment for the care of:
143 (a) fewer than four foster children in the home of a licensed or certified foster parent;
144 or
145 (b) four or more children in the home of a licensed or certified foster parent if the
146 children are siblings.
147 [(12)] (17) (a) "Human services [licensee" or "licensee"] program" means a:
148 (i) foster home;
148a H. (ii) therapeutic school;
149 [ (ii) ] (iii) .H youth program[,];
150 H. [ (iii) ] (iv) .H resource family home[,]; or [a]
151 H. [ (iv) ] (v) .H facility or program[, licensed by the department,] that provides [care,]:

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- 6 - 152 (A) secure treatment[,];
153 (B) inpatient treatment[,];
154 (C) residential treatment[,];
155 (D) residential support[,];
156 (E) adult day care[,];
157 (F) day treatment[,];
158 (G) outpatient treatment[,];
159 (H) domestic violence treatment[,];
160 (I) child placing services[, or];
161 (J) social detoxification[.]; or
162 (K) any other human services that are required by contract with the department to be
163 licensed with the department.
164 (b) "Human services program" does not include a boarding school.
165 (18) "Licensee" means a person or human services program licensed by the office.
166 [(13)] (19) "Licensing board" means the Human Services Licensing Board.
167 (20) "Local government" means a:
168 (a) city; or
169 (b) county.
170 [(14)] (21) "Minor" has the same meaning as "child."
171 [(15)] (22) "Office" means the Office of Licensing within the Department of Human
172 Services.
173 [(16)] (23) "Outpatient treatment" means individual, family, or group therapy or
174 counseling designed to improve and enhance social or psychological functioning for those
175 whose physical and emotional status allows them to continue functioning in their usual living
176 environment.
177 [(17)] (24) (a) "Person associated with the licensee" means a person:
178 (i) affiliated with a licensee as an owner, director, member of the governing body,
179 employee, agent, provider of care, or volunteer [of a human services licensee]; or [of an
180 applicant]
181 (ii) applying to become affiliated with a licensee in any capacity listed under
182 Subsection (24)(a)(i).

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(b) Notwithstanding Subsection [(17)] (24)(a), "person associated with the licensee"
184 does not include an individual serving on [either of] the following bodies unless that individual
185 has direct access to children or vulnerable adults:
186 (i) a local mental health authority under Section 17-43-301 [or];
187 (ii) a local substance abuse authority under Section 17-43-201 ; or
188 [(ii)] (iii) a board of an organization operating under a contract to provide
189 [comprehensive]:
190 (A) mental health or substance abuse programs; or
191 (B) services for the local mental health authority or substance abuse authority.
192 (c) "Person associated with the licensee" does not include a guest or visitor whose
193 access to children or vulnerable adults is directly supervised by the licensee at all times.
194 (25) "Regular business hours" means:
195 (a) the hours during which services of any kind are provided to a client; or
196 (b) the hours during which a client is present at the facility of a licensee.
197 [(18)] (26) (a) "Residential support" means arranging for or providing the necessities of
198 life as a protective service to individuals or families who are disabled or who are experiencing
199 a dislocation or emergency [which] that prevents them from providing these services for
200 themselves or their families. [Treatment is not a necessary component of residential support.]
201 (b) "Residential support" includes providing a supervised living environment for
202 persons with:
203 (i) dysfunctions or impairments that are:
204 (A) emotional;
205 (B) psychological;
206 (C) developmental; or
207 (D) behavioral; or
208 (ii) chemical dependencies.
209 (c) Treatment is not a necessary component of residential support.
209a S. (d) "Residential support" does not include residential services that are performed:
209b (i) exclusively under contract with the Division of Services for People with
209c Disabilities; and
209d (ii) in a facility that serves less than four individuals. .S
210 [(19)] (27) (a) "Residential treatment" means a 24-hour group living environment for
211 four or more individuals unrelated to the owner or provider that offers room or board and
212 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
213 habilitation services for persons with emotional, psychological, developmental, or behavioral

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215 assisted in acquiring the social and behavioral skills necessary for living independently in the
216 community.]
217 (b) "Residential treatment" does not include a:
218 (i) boarding school; or
219 (ii) foster home.
220 (28) "Residential treatment program" means a human services program that provides:
221 (a) residential treatment; or
222 (b) secure treatment.
223 [(20) "Resource family home" means a home licensed to provide services to a child in
224 the custody of the state and includes a foster care home and a legal risk home.]
225 [(21)] (29) (a) "Secure treatment" means 24-hour specialized residential treatment or
226 care for persons whose current functioning is such that they cannot live independently or in a
227 less restrictive environment.
228 (b) "Secure treatment" differs from residential treatment to the extent that it requires
229 intensive supervision, locked doors, and other security measures [which] that are imposed on
230 residents with neither their consent nor control.
231 [(22)] (30) "Social detoxification" means short-term residential services for persons
232 who are [intoxicated] experiencing or have recently experienced drug or alcohol intoxication,
233 that are provided outside of a health care facility licensed under Title 26, Chapter 21, Health
234 Care Facility [Licensure] Licensing and Inspection Act, and that include:
235 (a) room and board for persons who are unrelated to the owner or manager of the
236 facility;
237 (b) specialized rehabilitation to acquire sobriety; and
238 (c) aftercare services.
239 (31) "Substance abuse treatment program" means a program:
240 (a) designed to provide:
241 (i) specialized drug or alcohol treatment;
242 (ii) rehabilitation; or
243 (iii) habilitation services; and
244 (b) that provides the treatment or services described in Subsection (31)(a) to persons

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with:
246 (i) a diagnosed substance abuse disorder; or
247 (ii) chemical dependency disorder.
247a H. (32) "Therapeutic school" means a residential group living facility:
247b (a) for four or more individuals that are not related to:
247c (i) the owner of the facility; or
247d (ii) the primary service provider of the facility;
247e (b) that serves students who have a history of failing to function:
247f (i) at home;
247g (ii) in a public school; or
247h (iii) in a nonresidential private school; and
247i (c) that offers:
247j (i) room and board; and
247k (ii) an academic education integrated with:
247l (A) specialized structure and supervision; or
247m (B) services or treatment related to:
247n (I) a disability;
247o (II) emotional development;
247p (III) behavioral development;
247q (IV) familial development; or
247r (V) social development. .H
248 [(23)] H. [ (32) ] (33) .H "Unrelated persons" means persons other than parents,
248a legal guardians,
249 grandparents, brothers, sisters, uncles, or aunts.
250 [(24)] H. [ (33) ] (34) .H "Vulnerable adult" means an elder adult or an adult who
250a has a temporary or
251 permanent mental or physical impairment that substantially affects the person's ability to:
252 (a) provide personal protection;
253 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
254 (c) obtain services necessary for health, safety, or welfare;
255 (d) carry out the activities of daily living;
256 (e) manage the adult's own resources; or
257 (f) comprehend the nature and consequences of remaining in a situation of abuse,
258 neglect, or exploitation.
259 [(25)] H. [ (34) ] (35) .H (a) "Youth program" means a nonresidential program[,]
259a designed to provide
260 behavioral, substance abuse or mental health services to minors that:

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(i) serves [either] adjudicated or nonadjudicated youth;
262 (ii) charges a fee for its services;
263 (iii) may or may not provide host homes or other arrangements for overnight
264 accommodation of the youth;
265 (iv) may or may not provide all or part of its services in the outdoors;
266 (v) may or may not limit or censor access to parents or guardians; and
267 (vi) prohibits or restricts a minor's ability to leave the program at any time of [his] the
268 minor's own free will.
269 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
270 Scouts, 4-H, and other such organizations.
271 Section 2. Section 62A-2-105 is amended to read:
272 62A-2-105. Licensing board responsibilities.
273 (1) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
274 licensing board shall review and approve rules regarding:
275 (a) approving, denying, suspending, and revoking licenses [for human services

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licensees and facilities];
277 (b) conditional licenses, variances from department rule, and exclusions;
278 (c) the protection of the basic health and safety of clients;
279 (d) licensing of all persons and human services [licensees] programs that are required
280 to be licensed under this chapter; and
281 (e) notification to providers and subproviders of rights and responsibilities including
282 who to contact within the department when filing a complaint against a licensee or [facility]
283 human services program, and the responsibility of the department to follow up once contacted.
284 (2) The licensing board shall:
285 (a) define information that shall be submitted to the department with an application for
286 a license;
287 (b) review and approve fees, in accordance with Section 63-38-3.2 , for licenses issued
288 under this chapter;
289 (c) represent the community and [the human services] licensees; and
290 (d) advise the department as requested, concerning enforcement of rules established
291 under this chapter.
292 Section 3. Section 62A-2-106 is amended to read:
293 62A-2-106. Office responsibilities.
294 [The office shall:]
295 (1) Subject to the requirements of federal and state law, the office shall:
296 (a) make rules in accordance with Title 63, Chapter 46a, Utah Administrative
297 Rulemaking Act, to establish:
298 [(a)] (i) H. except as provided in Subsection (1)(a)(ii), .H basic health and safety
298a standards for licensees, H. [ which ] that .H shall be limited to H. [ the
299 following ] .H :
300 [(i)] (A) fire safety;
301 [(ii)] (B) food safety;
302 [(iii)] (C) sanitation;
303 [(iv)] (D) infectious disease control;
304 [(v)] (E) safety of the:
305 (I) physical [plant;] facility and grounds; and
306 (II) area and community surrounding the physical facility;

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[(vi)] (F) transportation safety;
308 [(vii)] (G) emergency preparedness and response;
309 [(viii)] (H) the administration of medical standards and procedures, consistent with the
310 related provisions of this title; [and]
311 [(ix)] (I) [consumer] staff and client safety and protection;
312 (J) the administration and maintenance of client and service records;
313 (K) staff qualifications and training H. , including standards for permitting experience
313a to be substituted for education, unless prohibited by law .H ;
314 (L) staff to client ratios; and
315 (M) access to firearms;
315a H. (ii) basic health and safety standards for therapeutic schools, that shall be
315b limited to:
315c (A) fire safety, except that the standards are limited to those required by law or rule
315d under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
315e (B) food safety;
315f (C) sanitation;
315g (D) infectious disease control, except that the standards are limited to:
315h (I) those required by law or rule under Title 26, Utah Health Code or Title 26a, Local
315i Health Authorities; and
315j (II) requiring a separate room for clients who are sick;
315k (E) safety of the physical facility and grounds, except that the standards are limited to
315l those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
315m Act;
315n (F) transportation safety;
315o (G) emergency preparedness and response;
315p (H) access to appropriate medical care, including:
315q (I) subject to the requirements of law, designation of a person who is authorized to
315r dispense medication; and
315s (II) storing, tracking, and securing medication;
315t (I) staff and client safety and protection that permits the school to provide for the
315u direct supervision of clients at all times;
315v (J) the administration and maintenance of client and service records;
315w (K) staff qualifications and training, including standards for permitting experience to
315x be substituted for education, unless prohibited by law;
315y (L) staff to client ratios; and
315z (M) access to firearms;
316 [ (ii) ] (iii) .H procedures and standards for permitting a licensee to:

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(A) provide in the same facility and under the same conditions as children, residential
318 treatment services to a person 18 years old or older who:
319 (I) begins to reside at the licensee's residential treatment facility before the person's
320 18th birthday;
321 (II) has resided at the licensee's residential treatment facility continuously since the
322 time described in Subsection (1)(a) H. [ (ii) ] (iii) .H (A)(I);
323 (III) has not completed the course of treatment for which the person began residing at
324 the licensee's residential treatment facility; and
325 (IV) voluntarily consents to complete the course of treatment described in Subsection
326 (1)(a) H. [ (ii) ] (iii) .H (A)(III); or
327 (B) (I) provide residential treatment services to a child who is:
328 (Aa) 12 years old or older; and
329 (Bb) under the custody of the Division of Juvenile Justice Services; and
330 (II) provide, in the same facility as a child described in Subsection (1)(a) H. [ (ii) ] (iii) .H
330a (B)(I),
331 residential treatment services to a person who is:
332 (Aa) at least 18 years old, but younger than 21 years old; and
333 (Bb) under the custody of the Division of Juvenile Justice Services;
334 [(b)] H. [ (iii) ] (iv) .H minimum administration and financial requirements for
334a licensees; and
335 [(c)] H. [ (iv) ] (v) .H guidelines for variances from rules established under this
335a Subsection (1);
336 [(2)] (b) enforce rules[:(a)] approved by the licensing board;
337 [(b) in effect on January 1, 1998, that apply to a service or program for which a

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licensee is not under contract with a division listed in Section 62A-1-105 to provide until rules
339 are established pursuant to Subsection (2)(c); and]
340 [(c) established after July 1, 1999, by a policymaking board created by Section
341 62A-1-105 which:]
342 [(i) shall be limited to:]
343 [(A) the administration and maintenance of client and service records;]
344 [(B) staff qualifications; and]
345 [(C) staff to client ratios; and]
346 [(ii) may only apply to a service or program for which a licensee is not under contract
347 with a division listed in Section 62A-1-105 to provide;]
348 [(3)] (c) issue licenses in accordance with this chapter;
349 [(4)] (d) conduct surveys and inspections of licensees and facilities in accordance with
350 Section 62A-2-118 ;
351 [(5)] (e) collect licensure fees;
352 [(6)] (f) provide necessary administrative support to the licensing board;
353 [(7) provide notification to licensee or facility, including providers and subproviders,
354 of]
355 (g) notify licensees of the name of a person within the department to contact when
356 filing a complaint;
357 [(8)] (h) investigate complaints regarding any licensee or [facility] human services
358 program;
359 [(9)] (i) have access to all records, correspondence, and financial data required to be
360 maintained by a licensee [or facility];
361 [(10)] (j) have authority to interview any client, family member of a client, employee,
362 or officer of a [human services] licensee [or facility]; and
363 [(11)] (k) have authority to deny, condition, revoke, suspend, or extend any license
364 issued by the department under this chapter by following the procedures and requirements of
365 Title 63, Chapter 46b, Administrative Procedures Act.
366 (2) In establishing rules under Subsection (1)(a)(i)(G) H. or (1)(a)(ii)(G) .H
366a , the office shall require a
367 licensee to establish and comply with an emergency response plan that requires clients and staff
368 to:

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(a) immediately report to law enforcement any S. significant .S criminal activity S. ,
369a as defined by rule, .S committed:
370 (i) on the premises where the licensee operates its human services program;
371 (ii) by or against its clients; or
372 (iii) by or against a staff member while the staff member is on duty;
373 (b) immediately report to emergency medical services any medical emergency S. ,as
373a defined by rule .S :
374 (i) on the premises where the licensee operates its human services program;
375 (ii) involving its clients; or
376 (iii) involving a staff member while the staff member is on duty; and
377 (c) immediately report other emergencies that occur on the premises where the licensee
378 operates its human services program to the appropriate emergency services agency.
379 Section 4. Section 62A-2-108 is amended to read:
380 62A-2-108. Licensure requirements -- Expiration -- Renewal.
381 (1) Except as provided in Section 62A-2-110 , [no] a person, agency, firm, corporation,
382 association, or governmental unit, acting severally or jointly with any other person, agency,
383 firm, corporation, association, or governmental unit, may not establish, conduct, or maintain a
384 human services program [or facility] in this state without a valid and current license issued by
385 and under the authority of the [department] office as provided by this chapter and the rules of
386 the licensing board.
387 (2) (a) For purposes of this Subsection (2), "member" means a person or entity that is
388 associated with another person or entity:
389 (i) as a member;
390 (ii) as a partner;
391 (iii) as a shareholder; or
392 (iv) as a person or entity involved in the ownership or management of a residential
393 treatment program owned or managed by the other person or entity.
394 [(2) No] (b) A license issued under this chapter [is assignable or transferable] may not
395 be assigned or transferred.
396 (c) An application for a license under this chapter shall be treated as an application for
397 reinstatement of a revoked license if:
398 (i) (A) the person or entity applying for the license had a license revoked under this
399 chapter; and

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401 application described in this Subsection (2)(c) is made; or
402 (ii) (A) a member of an entity applying for the license:
403 (I) (Aa) had a license revoked under this chapter; and
404 (Bb) the revoked license described in Subsection (2)(c)(ii)(A)(I)(Aa) is not reinstated
405 before the application described in this Subsection (2)(c) is made; or
406 (II) (Aa) was a member of an entity that had a license revoked under this chapter at any
407 time before the license was revoked; and
408 (Bb) the revoked license described in Subsection (2)(c)(ii)(A)(II)(Aa) is not reinstated
409 before the application described in this Subsection (2)(c) is made.
410 (3) A current license shall at all times be posted in the facility where each human
411 services program [or facility] is operated, in a place that is visible and readily accessible to the
412 public.
413 (4) (a) Each license issued under this chapter expires at midnight 12 months from the
414 date of issuance unless it has been:
415 (i) previously revoked by the office; or
416 (ii) voluntarily returned to the office by the [human services] licensee.
417 (b) A license shall be renewed upon application and payment of the applicable fee,
418 unless the office finds that the licensee [or facility has]:
419 (i) is not [complied] in compliance with the:
420 (A) provisions of this chapter; or
421 (B) rules made under this chapter[.];
422 (ii) has engaged in a pattern of noncompliance with the:
423 (A) provisions of this chapter; or
424 (B) rules made under this chapter;
425 (iii) has engaged in conduct that is grounds for denying a license under Section
426 62A-2-112 ; or
427 (iv) has engaged in conduct that poses a substantial risk of harm to any person.
428 (5) Any licensee [or facility which] that is in operation at the time rules are made in
429 accordance with this chapter shall be given a reasonable time for compliance as determined by
430 the rule.

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(6) (a) A license for a human services program issued under this section shall apply to
432 a specific human services program site.
433 (b) A human services program shall obtain a separate license for each site where the
434 human services program is operated.
435 Section 5. Section 62A-2-108.1 is amended to read:
436 62A-2-108.1. Coordination of human services and educational services --
437 Licensing of programs -- Procedures.
438 (1) For purposes of this section:
439 (a) "accredited private school" means a private school that is accredited by an
440 accrediting entity recognized by the Utah State Board of Education; and
441 (b) "education entitled children" means children:
442 (i) subject to compulsory education under Section 53A-11-101 ; or
443 (ii) entitled to educational services under Section 53A-15-301 .
444 [(1)] (2) [A] Subject to Subsection (8) S. or (9) .S , a human services program may not
444a be licensed
445 to serve [children subject to compulsory education under Section 53A-11-101 or entitled to
446 educational services under Section 53A-15-301 ] education entitled children unless the human
447 services program presents an educational service plan that includes evidence:
448 (a) satisfactory to:
449 (i) the [licensing authority] office; and [to]
450 (ii) (A) the local school board of the school district in which the human services
451 program will be operated; or
452 (B) the school district superintendent of the school district in which the human services
453 program will be operated; and
454 (b) that children served by the human services program shall receive appropriate
455 educational services satisfying the requirements of applicable law.
456 [(2)] (3) [If the] Subject to Subsection (8) S. or (9) .S, if a human services program [is
456a to be
457 permitted to serve any children] serves any education entitled children whose custodial parents
458 or legal guardians reside outside the state, then the program shall also provide an educational
459 funding plan that includes evidence:
460 (a) satisfactory [evidence] to:
461 (i) the [licensing authority] office; and [to]

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(ii) (A) the local school board of the school district in which the human services
463 program will be operated; or
464 (B) the school district superintendent of the school district in which the human services
465 program will be operated; and
466 (b) that all costs for educational services to be provided to [those students] the
467 education entitled children, including tuition S. , .S and school fees approved by the local school
468 board, shall be borne by the human services program.
469 [(3) If the local school board finds the educational service plan and the educational
470 funding plan to be adequate, then the board shall provide the licensing authority with a letter of
471 approval.]
472 [(4) If the local school board finds the educational service plan and the educational
473 funding plan to be inadequate, then the board shall provide the licensing authority with a letter
474 of disapproval, together with the specific requirements the human services program must meet
475 before licensure is granted.]
476 (4) Subject to Subsection (8) S. or (9), .S and in accordance with Subsection (2), the
476a human
477 services program shall obtain and provide the office with a letter:
478 (a) from the entity referred to in Subsection (2)(a)(ii):
479 (i) approving the educational service plan referred to in Subsection (2); or
480 (ii) (A) disapproving the educational service plan referred to in Subsection (2); and
481 (B) listing the specific requirements the human services program must meet before
482 approval is granted; and
483 (b) from the entity referred to in Subsection (3)(a)(ii):
484 (i) approving the educational funding plan, referred to in Subsection (3); or
485 (ii) (A) disapproving the educational funding plan, referred to in Subsection (3); and
486 (B) listing the specific requirements the human services program must meet before
487 approval is granted.
488 (5) [Failure] Subject to Subsection (8), failure of a local school board or school district
489 superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent
490 to approval of the plan by the local school board[.] or school district superintendent if the
491 human services program provides to the office:
492 (a) proof that:

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(i) the human services program submitted the proposed plan to the local school board
494 or school district superintendent; and
495 (ii) more than 45 days have passed from the day on which the plan was submitted; and
496 (b) an affidavit, on a form produced by the office, stating:
497 (i) the date that the human services program submitted the proposed plan to the local
498 school board or school district superintendent;
499 (ii) that more than 45 days have passed from the day on which the plan was submitted;
500 and
501 (iii) that the local school board or school district superintendent described in
502 Subsection (5)(b)(i) failed to respond to the proposed plan within 45 days from the day on
503 which the plan was submitted.
504 (6) If a [human services program] licensee that is licensed to serve an education
505 entitled child fails to comply with its approved educational service plan or educational funding
506 plan, then:
507 (a) the [licensing authority] office shall give the [program] licensee notice of intent to
508 revoke the [licensure] licensee's license; and[,]
509 (b) if the [program] licensee continues its noncompliance for more than 30 days after
510 receipt of the notice[,] described in Subsection (6)(a), the office shall revoke the [program's]
511 licensee's license.
512 (7) If [a] an education entitled child whose custodial parent or legal guardian resides
513 within the state is provided with educational services by a school district other than the school
514 district in which the custodial parent or legal guardian resides, then the funding provisions of
515 Section 53A-2-210 apply.
516 (8) A human services program that is an accredited private school:
517 (a) for purposes of Subsection (2):
518 (i) is only required to submit S. [ an educational service plan for approval by the office ]
518a proof to the office that the accreditation of the private school is current .S ; and
519 (ii) is not required to submit an educational service plan for approval by an entity
520 described in Subsection (2)(a)(ii);
521 (b) for purposes of Subsection (3):
522 (i) is only required to submit S. [ an educational funding plan for approval by the office ]
522a proof to the office that all costs for educational services provided to education entitled children
522b will be borne by the human services program .S ;
523 and

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(ii) is not required to submit an educational funding plan for approval by an entity
525 described in Subsection (3)(a)(ii); and
526 (c) is not required to comply with Subsections (4) and (5).
526a S. (9) Except for Subsection (7), the provisions of this section do not apply to a human
526b services program that is:
526c (i) a foster home; and
526d (ii) required to be licensed by the office. .S
527 Section 6. Section 62A-2-108.2 is enacted to read:
528 62A-2-108.2. Licensing residential treatment programs -- Notification of local
529 government.
530 (1) (a) In accordance with Title 63, Chapter 46, Utah Administrative Rulemaking Act,
531 the office shall make rules that establish categories of residential treatment licenses based on
532 differences in the types of residential treatment programs.
533 (b) The categories referred to in Subsection (1)(a) may be based on differences in:
534 (i) services offered;
535 (ii) types of clients served;
536 (iii) risks posed to the community; or
537 (iv) other factors that make regulatory differences advisable.
538 (2) Subject to the requirements of federal and state law, and pursuant to the authority
539 granted by Section 62A-2-106 , the office shall establish and enforce rules that:
540 (a) relate generally to all categories of residential treatment program licenses; and
541 (b) relate to specific categories of residential treatment program licenses on the basis of
542 the regulatory needs, as determined by the office, of residential treatment programs within
543 those specific categories.
544 (3) Before submitting an application for a license to operate a residential treatment
545 program, the applicant shall serve notice of its intent to operate a residential treatment program
546 on the governing body of:
547 (a) the city in which the residential treatment program will be located; or
548 (b) if the residential treatment program will be located in the unincorporated area of a
549 county, the county in which the residential treatment program will be located.
550 (4) The notice described in Subsection (3) shall include the following information
551 relating to the residential treatment program:
552 (a) an accurate description of the residential treatment program;
553 (b) the location where the residential treatment program will be operated;
554 (c) the services that will be provided by the residential treatment program;

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556 (e) the category of license for which the residential treatment program is applying to
557 the office;
558 (f) the name, telephone number, and address of a person that may be contacted to make
559 inquiries about the residential treatment program; and
560 (g) any other information that the office may require by rule.
561 (5) When submitting an application for a license to operate a residential treatment
562 program, the applicant shall include with the application:
563 (a) a copy of the notice described in Subsection (3); and
564 (b) proof that the applicant served the notice described in Subsection (3) on the
565 governing body described in Subsection (3).
566 Section 7. Section 62A-2-108.3 is enacted to read:
567 62A-2-108.3. Local government -- Certified local inspector -- Local inspection of a
568 residential treatment facility -- Reporting violations.
569 (1) (a) Subject to this Subsection (1) and Subsection (3), the office shall designate, or
570 renew the designation of, a local government employee as a certified local inspector if:
571 (i) the governing body of a local government gives the office written notice:
572 (A) of the name of an employee of the local government; and
573 (B) requesting that the office designate the employee described in Subsection
574 (1)(a)(i)(A) as a certified local inspector; and
575 (ii) the employee described in Subsection (1)(a)(i) successfully completes the training
576 described in Subsection (1)(b).
577 (b) Before designating a local government employee as a certified local inspector, the
578 office shall:
579 (i) provide training to the local government employee on:
580 (A) this chapter;
581 (B) the rules established under:
582 (I) Subsection (2); and
583 (II) Subsection 62A-2-106 (1)(a);
584 (C) the Fourth Amendment to the Constitution of the United States; and
585 (D) other issues relating to conducting the inspections described in Subsection (4); and

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587 to the same procedures established for a criminal background check of an applicant for an
588 initial license under Section 62A-2-120 .
589 (c) Subject to Subsection (6), the office may not designate a person as a certified local
590 inspector:
591 (i) unless the office approves the person to have direct access to children or vulnerable
592 adults pursuant to Section 62A-2-120 ; or
593 (ii) if the office determines that, based on the conduct of the person, it is not in the
594 public's best interest to designate the person as a certified local inspector.
595 (d) The office shall provide to a certified local inspector identification that:
596 (i) identifies the person as a certified local inspector;
597 (ii) contains a photograph of the certified local inspector;
598 (iii) states the date on which the certification of the certified local inspector expires;
599 and
600 (iv) identifies the geographic location where the certified local inspector is authorized
601 to conduct an inspection.
602 (e) Nothing in this section shall be construed to require a local government to employ a
603 certified local inspector.
604 (2) The office shall make rules in accordance with Title 63, Chapter 46a, Utah
605 Administrative Rulemaking Act, to establish procedures for:
606 (a) complying with this section; and
607 (b) the conduct of inspections by a certified local inspector.
608 (3) For purposes of Subsection (1):
609 (a) the designation of a person as a certified local inspector shall expire one calendar
610 year from the day on which the designation is made;
611 (b) the designation of a person as a certified local inspector may not be renewed unless
612 Subsection (1) is complied with, including:
613 (i) providing a refresher course on the training described in Subsection (1)(b)(i); and
614 (ii) conducting a new criminal background check pursuant to Subsection (1)(b)(ii); and
615 (c) the office:
616 (i) shall revoke a person's designation as a certified local inspector if:

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618 designate a person as a certified local inspector;
619 (B) the person's local government employer requests that the designation described in
620 this Subsection (3)(c)(i) be revoked; or
621 (C) the person is no longer employed by a local government, unless:
622 (I) the person is employed by another local government; and
623 (II) the governing body of the local government described in Subsection (3)(c)(i)(C)(I),
624 requests, in writing, that the person's designation as a certified local inspector continue; and
625 (ii) subject to Subsection (6), may revoke a person's designation as a certified local
626 inspector if the person violates:
627 (A) this section; or
628 (B) a rule made by the department that relates to this section.
629 (4) (a) Subject to Subsection (4)(b), a certified local inspector may inspect a residential
630 treatment facility of a licensee:
631 (i) if the certified local inspector is an employee of a local government that is a:
632 (A) (I) city; and
633 (II) the residential treatment facility is located within the city; or
634 (B) (I) county; and
635 (II) the residential treatment facility is located within the unincorporated area of the
636 county;
637 (ii) only during regular business hours;
638 (iii) pursuant to:
639 (A) this section; and
640 (B) the rules made by the office under this section; and
641 (iv) to determine whether the residential treatment facility is in compliance with the
642 requirements of:
643 (A) this chapter; and
644 (B) the rules made pursuant to this chapter.
645 (b) Notwithstanding Subsection (4)(a), a certified local inspector, may not:
646 (i) inspect a residential treatment facility of a licensee:
647 (A) if the office instructs the certified local inspector to not conduct an inspection; or

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649 and
650 (ii) unless otherwise authorized by law, examine or obtain any record of a residential
651 treatment facility, including a record relating to:
652 (A) a client of the residential treatment facility;
653 (B) an employee of the residential treatment facility; or
654 (C) an incident that occurs at the residential treatment facility.
655 (c) Within 24 hours, excluding weekends and holidays, of conducting an inspection
656 under this Subsection (4), the inspector shall provide the office with a written report informing
657 the office of the details of the inspection, including any violation by the licensee of:
658 (i) this chapter; or
659 (ii) the rules made pursuant to this chapter.
660 (5) (a) A local government employee who is a certified local inspector:
661 (i) may not take any action pursuant to this section without approval from the certified
662 local inspector's local government employer;
663 (ii) when taking any action pursuant to this section, shall at all times be considered an
664 employee of the certified local inspector's local government employer; and
665 (iii) is not an employee of the:
666 (A) office; or
667 (B) department.
668 (b) If a certified local inspector acts or fails to act in a way that would otherwise incur
669 any liability to the office or the department, the certified local inspector's local government
670 employer shall indemnify, defend, and hold harmless the office and the department for that
671 liability.
672 (c) (i) A local government employer of a certified local inspector is primarily
673 responsible for the training of the local government employer's certified local inspector.
674 (ii) The training described in Subsection (1)(b)(i) that is provided by the office is
675 supplemental to the primary training responsibility of the certified local inspector's local
676 government employer.
677 (d) The local government employer of a certified local inspector shall be responsible to
678 pay the certified local inspector for all action taken by the certified local inspector under this

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680 (i) conducting an inspection;
681 (ii) preparing an inspection report for the office; and
682 (iii) participating in training.
683 (6) (a) For purposes of Subsection (1), and Subsections (3)(c)(i)(A) and (3)(c)(ii), if the
684 office determines to not designate or renew the designation of a person as a certified local
685 inspector, the office shall notify the person and the governing body of the local government
686 that employs the person:
687 (i) of the determination described in this Subsection (6)(a);
688 (ii) of the reasons for the determination described in this Subsection (6)(a); and
689 (iii) that the person or the local government, or both, may request a hearing in the
690 department's Office of Administrative Hearings, to challenge the office's decision.
691 (b) A person for whom a hearing is requested under Subsection (6)(a)(iii) is not a
692 certified local inspector until:
693 (i) a final decision is made that the office should designate the person as a certified
694 local inspector; and
695 (ii) (A) all appeals of the determination described in Subsection (6)(a) are exhausted;
696 or
697 (B) the time for an appeal described in Subsection (6)(b)(ii)(A) has expired.
698 (7) (a) If the office determines that a residential treatment facility has violated this
699 chapter or the rules made pursuant to this chapter, the office shall provide written notice of the
700 violation to the governing body of:
701 (i) the city that the residential treatment facility is located in; or
702 (ii) the county that the residential treatment facility is located in, if the residential
703 treatment facility is located in the unincorporated area of the county.
704 (b) The written notice described in Subsection (7)(a):
705 (i) subject to Subsection (7)(b)(ii), shall include:
706 (A) the name of the residential treatment facility;
707 (B) the location of the residential treatment facility;
708 (C) the date and time that the violation occurred; and
709 (D) the provision of the statute or rule that is violated; and

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711 (A) the name of any person connected with the violation; or
712 (B) any information prohibited from disclosure by Title 63, Chapter 2, Government
713 Records Access and Management Act.
714 (c) A local government may seek additional information relating to a violation
715 described in this Subsection (7) to the extent permitted by Title 63, Chapter 2, Government
716 Records Access and Management Act.
717 Section 8. Section 62A-2-109 is amended to read:
718 62A-2-109. License application -- Classification of information.
719 (1) An application for a license under this chapter shall be made to the office and shall
720 contain information that the board determines is necessary in accordance with [established]
721 approved rules.
722 (2) Information received by the office through reports and inspections shall be
723 classified [as public] in accordance with Title 63, Chapter 2, Government Records Access and
724 Management Act.
725 Section 9. Section 62A-2-110 is amended to read:
726 62A-2-110. Exclusions from chapter.
727 The provisions of this chapter do not apply to:
728 (1) a facility or program owned or operated by an agency of the United States
729 government;
730 (2) a facility or program operated by or under an exclusive contract with the
731 Department of Corrections;
732 (3) [private] unless required otherwise by a contract with the department, individual or
733 group counseling by a mental health professional licensed [practitioner] under Title 58, Chapter
734 60, Mental Health Professional Practice Act; [or]
735 (4) a general acute hospital, small health care facility, specialty hospital, nursing care
736 facility, or other health care facility licensed by the Department of Health under [Section
737 26-21-2 .] Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act; or
738 (5) a boarding school.
739 Section 10. Section 62A-2-111 is amended to read:
740 62A-2-111. Adjudicative proceedings.

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- 25 - 741 (1) Whenever the office has reason to believe that a [human services] licensee [or
742 facility] is in violation of this chapter or rules made under this chapter, the office may
743 commence adjudicative proceedings to determine the legal rights of the [human services]
744 licensee [or facility] by serving notice of agency action in accordance with Title 63, Chapter
745 46b, Administrative Procedures Act.
746 (2) A [human services] licensee, human services program, or individual may
747 commence adjudicative proceedings, in accordance with Title 63, Chapter 46b, Administrative
748 Procedures Act, regarding all office actions that determine the legal rights, duties, privileges,
749 immunities, or other legal interests of the [human services] licensee, human services program,
750 or persons associated with the licensee, including all office actions to grant, deny, place
751 conditions on, revoke, suspend, withdraw, or amend an authority, right, or license under this
752 chapter.
753 Section 11. Section 62A-2-112 is amended to read:
754 62A-2-112. Violations -- Penalties.
755 If the office finds that a violation has occurred under Section 62A-2-111 , it may:
756 (1) deny, place conditions on, suspend, or revoke a license, if it finds:
757 (a) that there has been a failure to comply with the rules approved by the board[,]; or [if
758 it finds]
759 (b) evidence of aiding, abetting, or permitting the commission of any illegal act; or
760 (2) restrict or prohibit new admissions to a human services program or facility, if it
761 finds:
762 (a) that there has been a failure to comply with rules approved by the board[,]; or [if it
763 finds]
764 (b) evidence of aiding, abetting, or permitting the commission of any illegal act in the
765 human services program or facility.
766 Section 12. Section 62A-2-113 is amended to read:
767 62A-2-113. License revocation -- Suspension.
768 (1) If a license is revoked, the office may not grant a new license [after] unless:
769 (a) the human services program provides satisfactory evidence [is submitted] to the
770 office[, evidencing] that the conditions upon which revocation was based have been corrected;
771 [and]

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773 be in compliance with all provisions of this chapter and applicable rules[.];
774 (c) at least one year has passed since the day on which the licensee is served with final
775 notice that the license is revoked; and
776 (d) the office determines that the interests of the public will not be jeopardized by
777 granting the license.
778 (2) The office may [only] suspend a license for [a period of time which does not
779 exceed the current expiration date of that license] no longer than one year.
780 (3) When a license has been suspended, the office may [completely or partially]
781 restore, or restore subject to conditions, the suspended license upon a determination that the:
782 (a) conditions upon which the suspension was based have been completely or partially
783 corrected; and
784 (b) interests of the public will not be jeopardized by restoration of the license.
785 Section 13. Section 62A-2-116 is amended to read:
786 62A-2-116. Violation -- Criminal penalties.
787 A person who owns, establishes, conducts, maintains, manages, or operates a human
788 services [facility] program in violation of this chapter is guilty of a class A misdemeanor if the
789 violation endangers or harms the health, welfare, or safety of persons participating in that
790 program.
791 Section 14. Section 62A-2-117 is amended to read:
792 62A-2-117. Licensure of tribal foster homes.
793 (1) The Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963, provides that Indian
794 tribes may develop and implement tribal foster home standards.
795 (2) The office shall [license] give full faith and credit to an Indian tribe's certification
796 or licensure of tribal foster homes according to standards developed and approved by the Indian
797 tribe, pursuant to the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963.
798 (3) If the Indian tribe has not developed standards, the office shall license tribal foster
799 homes pursuant to this chapter.
800 Section 15. Section 62A-2-118 is amended to read:
801 62A-2-118. Administrative inspections.
802 (1) The office may, for the purpose of ascertaining compliance with [the provisions of]

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804 (2) Before conducting an inspection under Subsection (1), the office shall, after
805 identifying the person in charge:
806 (a) give proper identification;
807 (b) request to see the applicable license;
808 (c) describe the nature and purpose of the inspection; and
809 (d) if necessary, explain the authority of the office to conduct the inspection and the
810 penalty for refusing to permit the inspection as provided in Section 62A-2-116 .
811 (3) In conducting an inspection under Subsection (1), the office may, after meeting the
812 requirements of Subsection (2):
813 (a) inspect the physical facilities;
814 (b) inspect and copy records and documents;
815 (c) interview officers, employees, clients, family members of clients, and others; and
816 (d) observe the licensee in operation.
817 (4) An inspection conducted under Subsection (1) shall be during regular business
818 hours and may be announced or unannounced.
819 (5) The [human services] licensee shall make copies of inspection reports available to
820 the public upon request.
821 (6) The provisions of this section apply to on-site inspections and do not restrict the
822 office from contacting family members, neighbors, or other individuals, or from seeking
823 information from other sources to determine compliance with [the provisions of] this chapter.
824 Section 16. Section 62A-2-120 is amended to read:
825 62A-2-120. Criminal background checks -- Direct access to children or
826 vulnerable adults.
827 (1) (a) [An] Except as provided in Subsection (7), an applicant for an initial license or
828 a license renewal under this chapter shall submit to the [department] office the names and other
829 identifying information, which may include fingerprints, of all persons associated with the
830 licensee, as defined in Section 62A-2-101 , with direct access to children or vulnerable adults.
831 [This information for a given person associated with the licensee shall be submitted before that
832 person is permitted to have direct access to children or vulnerable adults.]
833 (b) The Criminal Investigations and Technical Services Division of the Department of

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- 28 - 834 Public Safety, or the office as authorized under Section 53-10-108 , shall process [that] the
835 information described in Subsection (1)(a) to determine whether the individual has been
836 convicted of any crime.
837 (c) If an individual has not continuously lived in Utah for the five years immediately
838 preceding the day on which the information referred to in Subsection (1)(a) is submitted to the
839 office, the individual shall submit fingerprints for a FBI national criminal history record check.
840 The fingerprints shall be submitted to the FBI through the Criminal Investigations and
841 Technical Services Division.
842 (2) The [department] office shall approve a person for whom identifying information is
843 submitted under Subsection (1) to have direct access to children or vulnerable adults in the
844 licensee program [serving children or vulnerable adults] if:
845 (a) (i) the person is found to have no criminal history record; or
846 [(b) (i)] (ii) (A) the only convictions in the person's criminal history record are[: (A)]
847 misdemeanors or infractions not involving any of the offenses described in Subsection (3)[; or
848 (B) infractions not involving any of the offenses described in Subsection (3)]; and
849 [(ii)] (B) the date of the last conviction under Subsection (2)[(b)(i)](a)(ii)(A) is more
850 than five years before the date of the search[.];
851 (b) the person is not listed in the statewide database of the Division of Aging and Adult
852 Services created by Section 62A-3-311.1 ;
853 (c) juvenile court records do not show that a court made a substantiated finding, under
854 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect;
855 (d) the person is not listed in the Licensing Information System of the Division of
856 Child and Family Services created by Section 62A-4a-116.2 ; and
857 (e) the person has not pled guilty or no contest to a pending charge for any:
858 (i) felony;
859 (ii) misdemeanor listed in Subsection (3); or
860 (iii) infraction listed in Subsection (3).
861 (3) [The department] Unless at least ten years have passed since the date of conviction,
862 the office may not approve a person to have direct access to children or vulnerable adults in the
863 [licensee program serving children or vulnerable adults if the person has at any time] licensee's
864 human services program if that person has been convicted of an offense, whether a felony,

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866 (a) identified as a sexual offense, domestic violence, lewdness, assault, or battery;
867 (b) a violation of any pornography law, including sexual exploitation of a minor;
868 (c) prostitution;
869 (d) [identified] included in:
870 (i) Title 76, [Utah Criminal Code, as an offense against the family or an offense against
871 the person; or] Chapter 5, Offenses Against the Person;
872 [(e)] (ii) [identified in] Title 76, [Utah Criminal Code, as a sexual offense.] Chapter 5a,
873 Sexual Exploitation of Children; or
874 (iii) Title 76, Chapter 7, Offenses Against the Family; or
875 (e) a conviction in:
876 (i) (A) another state, territory, or district of the United States; or
877 (B) a federal court of the United States; and
878 (ii) for an offense that, if committed in the state, would constitute a violation of an
879 offense described in Subsection (3)(d).
880 (4) (a) If a person for whom identifying information is submitted under Subsection (1)
881 is not approved by the [department] office under Subsection (2) or (3) to have direct access to
882 children or vulnerable adults in the licensee program [serving children or vulnerable adults],
883 the [department] office shall conduct a comprehensive review of criminal and court records and
884 related circumstances if [a person for whom identifying information is submitted under
885 Subsection (1)] the reason the approval is not granted is due solely to one or more of the
886 following:
887 (i) [has been convicted at any time of] a conviction for:
888 (A) any felony not listed in Subsection (3);
889 [(ii) has been convicted within five years of the date of the search of:]
890 [(A)] (B) any misdemeanor or infraction, not listed in Subsection (3)[; or], within five
891 years of the date of the search;
892 [(B) any infraction not listed in Subsection (3); or]
893 [(iii) has been convicted at any time of]
894 (C) a protective order or ex parte protective order violation under Section [ 76-5-18 ]
895 76-5-108 or a similar statute in another state[.]; or

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- 30 - 896 (D) any felony, misdemeanor, or infraction listed in Subsection (3) if at least ten years
897 have passed since the date of conviction;
898 (ii) a plea of guilty or no contest to a pending:
899 (A) felony;
900 (B) misdemeanor not listed in Subsection (3); or
901 (C) infraction not listed in Subsection (3);
902 (iii) the person is listed in the statewide database of the Division of Aging and Adult
903 Services created by Section 62A-3-311.1 ;
904 (iv) juvenile court records show that a court made a substantiated finding, under
905 Section 78-3a-320 , that the person committed a severe type of child abuse or neglect; or
906 (v) the person is listed in the Licensing Information System of the Division of Child
907 and Family Services created by Section 62A-4a-116.2 .
908 (b) The comprehensive review under Subsection (4)(a) shall include an examination of:
909 (i) the date of the offense or incident;
910 (ii) the nature and seriousness of the offense or incident;
911 (iii) the circumstances under which the offense or incident occurred;
912 (iv) the age of the [offender] perpetrator when the offense [was committed] or incident
913 occurred;
914 (v) whether the offense or incident was an isolated or repeated incident;
915 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
916 adult, including:
917 (A) actual or threatened, nonaccidental physical or mental harm;
918 (B) sexual abuse;
919 (C) sexual exploitation; and
920 (D) negligent treatment;
921 (vii) any evidence provided by the person of rehabilitation, counseling, or psychiatric
922 treatment received, or additional academic or vocational schooling completed, by the person;
923 and
924 (viii) any other pertinent information.
925 (c) At the conclusion of the comprehensive review under [this] Subsection (4)(a), the
926 [department] office shall [either] approve [or not approve] the person who is the subject of the

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Senate 2nd Reading Amendments 2-1-2005 rd/trv 927

review to have direct access to children or vulnerable adults, [based upon the determination of
928 the department and the Human Services Licensing Board of whether or not granting approval
929 would] unless it finds that approval will likely create a risk of harm to a child or vulnerable
930 adult.
931 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
932 [department] office may make rules, consistent with this chapter, defining procedures for the
933 comprehensive review described in this Subsection (4).
934 (5) (a) For purposes of this Subsection (5), "directly supervised" means that the person
935 being supervised is under the uninterrupted visual and auditory surveillance of the person doing
936 the supervising.
937 (b) A licensee may not permit any person to have direct access to a child or a
938 vulnerable adult unless S. , subject to Subsection (5)(c), .S that person is:
939 (i) associated with the licensee and:
940 (A) approved by the office to have direct access to children or vulnerable adults under
941 this section; or
942 (B) (I) the office has not determined whether to approve that person to have direct
943 access to children or vulnerable adults;
944 (II) the information described in Subsection (1)(a), relating to that person, is submitted
945 to the department; and
946 (III) that person is directly supervised by a person associated with the licensee who is
947 approved by the office to have direct access to children or vulnerable adults under this section;
948 S. [ or ] .S
949 (ii) (A) not associated with the licensee; and
950 (B) directly supervised by a person associated with the licensee who is approved by the
951 office to have direct access to children or vulnerable adults under this section S. [ . ] ;
951a (iii) the parent or guardian of the child or vulnerable adult; or
951b (iv) a person approved by the parent or guardian of the child or vulnerable adult to have
951c direct access to the child or vulnerable adult.
951d (c) Notwithstanding Subsection (5)(b), a person may not have direct access to a child
951e or a vulnerable adult if that person is prohibited by court order from having that access. .S
952 [(5)] (6) (a) Within 30 days after receiving the identifying information for a person
953 under Subsection (1), the [department] office shall give written notice to the person and to the
954 [human services] licensee or applicant with whom the person is associated of:
955 (i) the [department's] office's decision regarding its background screening clearance
956 and findings; and
957 (ii) a [listing] list of any convictions found in the search.

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- 32 - 958 (b) With the notice described in Subsection [(5)] (6)(a), the [department] office shall
959 also give to the person the details of any comprehensive review conducted under Subsection
960 (4).
961 (c) If the notice under Subsection [(5)] (6)(a) states that the person is not approved to
962 have direct access to children or vulnerable adults, the notice shall further advise the persons to
963 whom the notice is given that either the person or the [human services] licensee or applicant
964 with whom the person is associated, or both, may, [pursuant to] under Subsection
965 62A-2-111 (2), request a hearing in the department's Office of Administrative Hearings, to
966 challenge the [department's] office's decision.
967 (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
968 [department] office shall make rules, consistent with this chapter:
969 (i) defining procedures for the challenge of its background screening decision
970 described in this Subsection [(5)] (6); and
971 (ii) expediting the process for renewal of a license [pursuant to] under the requirements
972 of this section and other applicable sections.
973 (7) Notwithstanding Subsection (1)(a), this section does not apply to an applicant for
974 an initial license, or license renewal, to operate a substance abuse treatment program that
975 provides services to adults only.
976 Section 17. Section 62A-2-121 is amended to read:
977 62A-2-121. Access to abuse and neglect information.
978 (1) With respect to [human services licensees] a licensee, or a certified local inspector
979 applicant, the department may access only the Licensing Information System of the Division of
980 Child and Family Services created by Section 62A-4a-116.2 and juvenile court records under
981 Subsection 78-3a-320[(4)](6), for the purpose of:
982 (a) (i) determining whether a person associated with [a] the licensee, with direct access
983 to children[,]:
984 (A) is listed in the Licensing Information System; or
985 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
986 neglect under Subsections 78-3a-320(1) and (2); and
987 [(b)] (ii) informing a licensee that a person associated with the licensee:
988 (A) is listed in the Licensing Information System; or

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- 33 - 989 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
990 neglect under Subsections 78-3a-320(1) and (2)[.]; or
991 (b) (i) determining whether a certified local inspector applicant:
992 (A) is listed in the Licensing Information System; or
993 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
994 neglect under Subsections 78-3a-320 (1) and (2); and
995 (ii) informing a local government that a certified local inspector applicant:
996 (A) is listed in the Licensing Information System; or
997 (B) has a substantiated finding by a juvenile court of a severe type of child abuse or
998 neglect under Subsections 78-3a-320 (1) and (2).
999 (2) Notwithstanding Subsection (1), the department may access the Division of Child
1000 and Family Service's Management Information System under Section 62A-4a-116 for the
1001 purpose of licensing and monitoring foster parents.
1002 (3) After receiving identifying information for a person under Subsection
1003 62A-2-120(1), the department shall process the information for the purposes described in
1004 Subsection (1).
1005 (4) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
1006 Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
1007 [who has] may have direct access or provide services to children [and who] when:
1008 (a) the person is listed in the Licensing Information System [or has] of the Division of
1009 Child and Family Services created by Section 62A-4a-116.2 ; or
1010 (b) juvenile court records show that a court made a substantiated finding [by a court
1011 of], under Section 78-3a-320 , that the person committed a severe type of child abuse or neglect
1012 [under Subsections 78-3a-320(1) and (2) may provide services to children].
1013 Section 18. Section 62A-2-122 is amended to read:
1014 62A-2-122. Access to vulnerable adult abuse and neglect information.
1015 (1) With respect to [human services licensees] a licensee, or a certified local inspector
1016 applicant, the department may access the data base created by Section 62A-3-311.1 for the
1017 purpose of:
1018 (a) (i) determining whether a person associated with [a] the licensee, with direct access
1019 to vulnerable adults, has a substantiated finding of:

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- 34 - 1020 (A) abuse[,];
1021 (B) neglect[,]; or
1022 (C) exploitation; and
1023 [(b)] (ii) informing a licensee that a person associated with the licensee has a
1024 substantiated finding of:
1025 (A) abuse[,];
1026 (B) neglect[,]; or
1027 (C) exploitation[.]; or
1028 (b) (i) determining whether a certified local inspector applicant has a substantiated
1029 finding of:
1030 (A) abuse;
1031 (B) neglect; or
1032 (C) exploitation; and
1033 (ii) informing a local government that a certified local inspector applicant has a
1034 substantiated finding of:
1035 (A) abuse;
1036 (B) neglect; or
1037 (C) exploitation.
1038 (2) After receiving identifying information for a person under Subsection
1039 62A-2-120(1), the department shall process the information for the purposes described in
1040 Subsection (1).
1041 (3) The department shall adopt rules under Title 63, Chapter 46a, Utah Administrative
1042 Rulemaking Act, consistent with this chapter and consistent with Section 62A-3-311.1,
1043 defining the circumstances under which a person [who has] may have direct access or provide
1044 services to vulnerable adults [and who has a substantiated finding of abuse, neglect, or
1045 exploitation may provide services to vulnerable adults] when the person is listed in the
1046 statewide database of the Division of Aging and Adult Services created by Section
1047 62A-3-311.1 .
1048 Section 19. Section 62A-4a-102 is amended to read:
1049 62A-4a-102. Board of Child and Family Services.
1050 (1) (a) The Board of Child and Family Services, created in accordance with this section

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- 35 - 1051 and with Sections 62A-1-105 and 62A-1-107 , is responsible for establishing by rule, [pursuant
1052 to] under Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the policy of the
1053 division in accordance with the requirements of this chapter and Title 78, Chapter 3a, Juvenile
1054 Court Act of 1996, regarding abuse, neglect, and dependency proceedings, and domestic
1055 violence services. The board is responsible to see that the legislative purposes for the division
1056 are carried out.
1057 (b) (i) The governor shall appoint, with the consent of the Senate, [11] 12 members to
1058 the Board of Child and Family Services.
1059 (ii) Except as required by Subsection (1)(b)(iii), as terms of current board members
1060 expire, the governor shall appoint each new member or reappointed member to a four-year
1061 term.
1062 (iii) Notwithstanding the requirements of Subsection (1)(b)(ii), the governor shall, at
1063 the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1064 board members are staggered so that approximately half of the board is appointed every two
1065 years.
1066 (c) The board shall include:
1067 [(c) Two] (i) two members [of the board shall be persons] who are or have been
1068 consumers[,];
1069 (ii) two members [of the board shall be persons] who are actively involved in children's
1070 issues specifically related to abuse and neglect[, one member shall be];
1071 (iii) a licensed foster parent[, one member shall be];
1072 (iv) a recognized expert in the social, developmental, and mental health needs of
1073 children[, one member shall be];
1074 (v) a physician licensed to practice medicine in this state who is [also]:
1075 (A) a board certified pediatrician; and [who is]
1076 (B) an expert in child abuse and neglect[, and one member shall be];
1077 (vi) a representative of private residential treatment facilities; and
1078 (vii) an adult relative of a child who is or has been in the foster care system.
1079 (d) [Six] Seven members of the board are necessary to constitute a quorum at any
1080 meeting.
1081 (e) When a vacancy occurs in the membership for any reason, the replacement shall be

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- 36 - 1082 appointed for the unexpired term.
1083 (2) (a) [Members] A member shall receive no compensation or benefits for [their] the
1084 member's services, but may receive per diem and expenses incurred in the performance of the
1085 member's official duties at the rates established by the Division of Finance under Sections
1086 63A-3-106 and 63A-3-107 .
1087 (b) [Members] A member may decline to receive per diem and expenses for [their] the
1088 member's service.
1089 (3) The board shall:
1090 (a) approve fee schedules for programs within the division;
1091 (b) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
1092 establish, by rule, policies to ensure that private citizens, consumers, foster parents, private
1093 contract providers, allied state and local agencies, and others are provided with an opportunity
1094 to comment and provide input regarding any new policy or proposed revision of an existing
1095 policy; and
1096 (c) provide a mechanism for:
1097 (i) systematic and regular review of existing policy; and [for]
1098 (ii) consideration of policy changes proposed by the persons and agencies described in
1099 Subsection (3)(b).
1100 (4) (a) The board shall establish policies for the determination of eligibility for services
1101 offered by the division in accordance with this chapter.
1102 (b) The division may, by rule, establish eligibility standards for consumers.
1103 (5) The board shall adopt and maintain rules and policies regarding placement for
1104 adoption or foster care that are consistent with, and no more restrictive than, applicable
1105 statutory provisions.
1106 Section 20. Section 62A-4a-116.2 is amended to read:
1107 62A-4a-116.2. Licensing Information System -- Contents -- Juvenile court finding
1108 -- Protected record -- Access -- Criminal penalty.
1109 (1) (a) The division shall maintain a sub-part of the Management Information System
1110 established pursuant to Section 62A-4a-116 , to be known as the Licensing Information System,
1111 to be used:
1112 (i) solely for licensing purposes[.]; or

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1114 (b) The Licensing Information System shall include only the following information:
1115 [(a)] (i) the information described in Subsections 62A-4a-116.1 (1)(a) and (6)(b);
1116 [(b)] (ii) consented-to supported findings by alleged perpetrators under Subsection
1117 62A-4a-116.1 (6)(a)(iii); and
1118 [(c)] (iii) the information in the licensing part of the division's Management
1119 Information System as of May 6, 2002.
1120 (2) Notwithstanding Subsection (1), the department's access to information in the
1121 Management Information System for the licensure and monitoring of foster parents is governed
1122 by Sections 62A-4a-116 and 62A-2-121 .
1123 (3) [The] (a) Subject to subsection (3)(b), upon receipt of a finding from the juvenile
1124 court under Section 78-3a-320 , the division shall:
1125 (i) promptly amend the Licensing Information System[, upon receipt of a finding from
1126 the juvenile court under Section 78-3a-320 , and shall enter the same]; and
1127 (ii) enter the information in the Management Information System. [However,]
1128 (b) Notwithstanding Subsection (3)(a), if a finding of unsubstantiated or without merit
1129 is appealed, the supported finding shall not be amended until the appeal is concluded.
1130 (4) (a) Information contained in the Licensing Information System is classified as a
1131 protected record under Title 63, Chapter 2, Government Records Access and Management Act.
1132 (b) Notwithstanding the disclosure provisions of Title 63, Chapter 2, Government
1133 Records Access and Management Act, the information contained in the Licensing Information
1134 System may only be used or disclosed as specifically provided in this chapter and Section
1135 62A-2-121 [and].
1136 (c) The information described in Subsection (4)(b) is accessible only to:
1137 [(a)] (i) the Office of Licensing within the department[,]:
1138 (A) for licensing purposes [only]; or
1139 (B) as otherwise specifically provided for by law;
1140 [(b)] (ii) the division[, for the following purposes]:
1141 [(i)] (A) to screen a person at the request of the Office of the Guardian Ad Litem
1142 Director[,]:
1143 (I) at the time that person seeks a paid or voluntary position with the Office of the

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1145 (II) each year [thereafter that] after the person described in Subsection (4)(c)(ii)(A)(I)
1146 remains with that office; and
1147 [(ii) to] (B) respond to a request for information from a person whose name is listed in
1148 the Licensing Information System;
1149 [(c)] (iii) two persons designated by and within the Department of Health, only for the
1150 following purposes:
1151 [(i)] (A) licensing a child care program or provider; or
1152 [(ii)] (B) determining whether a person associated with a covered health care facility,
1153 as defined by the Department of Health by rule, who provides direct care to a child, has a
1154 supported finding of severe child abuse or neglect; and
1155 [(d)] (iv) the department, as specifically provided in this chapter.
1156 (5) The two persons designated by the Department of Health under Subsection (4)(c)
1157 shall adopt measures to:
1158 (a) protect the security of the Licensing Information System; and
1159 (b) strictly limit access to the Licensing Information System to those persons
1160 designated by statute.
1161 (6) All persons designated by statute as having access to information contained in the
1162 Licensing Information System shall receive training from the department with respect to:
1163 (a) accessing the Licensing Information System;
1164 (b) maintaining strict security; and
1165 (c) the criminal provisions of Sections 62A-4a-412 and 63-2-801 pertaining to the
1166 improper release of information.
1167 (7) (a) [No] A person, except those authorized by this chapter, may not request another
1168 person to obtain or release any other information in the Licensing Information System to screen
1169 for potential perpetrators of child abuse or neglect.
1170 (b) A person who requests information knowing that it is a violation of this Subsection
1171 (7) to do so is subject to the criminal penalty described in Sections 62A-4a-412 and 63-2-801 .
1172 Section 21. Section 78-3a-320 is amended to read:
1173 78-3a-320. Additional finding at adjudication hearing -- Petition -- Court records.
1174 (1) Upon the filing with the court of a petition under Section 78-3a-305 by the Division

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- 39 - 1175 of Child and Family Services or any interested person informing the court, among other things,
1176 that the division has made a supported finding of one or more of the severe types of child abuse
1177 or neglect described in Subsection 62A-4a-116.1 (2), the court shall:
1178 (a) make a finding of substantiated, unsubstantiated, or without merit;
1179 (b) include the finding described in Subsection (1)(a) in a written order; and
1180 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
1181 (2) The judicial finding under Subsection (1) shall be made:
1182 (a) as part of [or] the adjudication hearing;
1183 (b) at the conclusion of the adjudication hearing; or
1184 [(b)] (c) as part of a court order entered pursuant to a written stipulation of the parties.
1185 (3) (a) Any person described in Subsection 62A-4a-116.6 (1) may at any time file with
1186 the court a petition for removal of the person's name from the Licensing Information System.
1187 (b) At the conclusion of the hearing on the petition, the court shall:
1188 [(a)] (i) make a finding of substantiated, unsubstantiated, or without merit;
1189 [(b)] (ii) include the finding described in Subsection (1)(a) in a written order; and
1190 [(c)] (iii) deliver a certified copy of the order described in Subsection (1)(b) to the
1191 division.
1192 (4) A proceeding for adjudication of a supported finding of a nonsevere type of abuse
1193 or neglect under this section may be joined in the juvenile court with an adjudication of a
1194 severe type of abuse or neglect.
1195 (5) If a person whose name appears on the Licensing Information system prior to May
1196 6, 2002 files a petition during the time that an alleged perpetrator's application for clearance to
1197 work with children or vulnerable adults is pending, the court shall hear the matter and enter a
1198 final decision no later than 60 days after the filing of the petition.
1199 (6) For the purposes of licensing under Sections 26-21-9.5 , 26-39-105.5 , 62A-1-118 ,
1200 and for the purposes described in Section 62A-2-121 :
1201 (a) the court shall make available records of its findings under Subsections (1) and (2)
1202 for licensing purposes, only to those with statutory authority to access also the Licensing
1203 Information System created under Section 62A-4a-116.2 ; and
1204 (b) any appellate court shall make available court records of appeals from juvenile
1205 court decisions under Subsections (1), (2), (3), and (4) for licensing purposes, only to those

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Legislative Review Note
as of 1-5-05 2:10 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel