Utah Code § 26B-1-436 — Utah Code / Title 26B / Chapter 26B-1 / § 26B-1-436
§ 26B-1-436. Congregate Care Advisory Committee.
Status: in_force

(1) Terms defined in Section 26B-2-101 apply to this section. (2) As used in this section: (a) "Committee" means the Congregate Care Advisory Committee created in Section 26B-1-204. (b) "Level of congregate care" means a designation of: (i) "standard congregate care," as defined by the office, in consultation with the committee; or (ii) "intensive congregate care," as defined by the office, in consultation with the committee. (c) "Minimum safety requirements" means, with respect to a level of congregate care, the set of minimum required policies, procedures, staffing, programming, or other elements of the program that the office, in consultation with the committee, determines are necessary for a program of that particular level to safely serve a child who qualifies for admittance under the program's admissions criteria. (d) "Physician" means an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. (e) "Risk factors" means the same as that term is defined in Section 26B-1-124. (3) The committee shall be composed of eight members, who the office appoints, as follows: (a) a physician who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (b) a pediatrician who: (i) has experience working with children in behavioral health; and (ii) is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (c) a psychologist who is licensed under Title 58, Chapter 61, Psychologist Licensing Act; (d) a marriage and family therapist who is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (e) two licensed therapists who: (i) have experience working in congregate care programs, as defined in Section 26B-2-101; and (ii) are licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; (f) a licensed therapist who: (i) has experience working in juvenile justice; and (ii) is licensed under Title 58, Chapter 60, Mental Health Professional Practice Act; and (g) a community representative who the office designates and who has experience in the congregate care industry as: (i) an individual who has been an admitted child at a congregate care program; (ii) a parent or guardian of a child who has been an admitted child at a congregate care program; or (iii) a current or former owner or staff member of a congregate care program. (4) The office is authorized to and shall, in consultation with the committee: (a) define the levels of congregate care; (b) in accordance with Subsection (5), for each defined level of congregate care, adopt by rule a set of applicable minimum safety requirements; and (c) for each application for licensure or renewal of licensure: (i) review and consider the applicant's proposed admissions criteria; (ii) deny a program's proposed admissions criteria if the criteria: (A) are inconsistent with the definitions of the levels of care made in accordance with Subsection (4)(a); or (B) would fail to preclude the admittance of a child for whom the program is not designed to address; (iii) approve a program's proposed admissions criteria if the criteria are not denied under Subsection (4)(c)(ii); and (d) designate the program as a standard congregate care program or an intensive congregate care program, based on the program's approved admissions criteria. (5) The minimum safety requirements under Subsection (4)(b) shall describe the minimum operating and safety practices that a program of that level of congregate care shall maintain, in terms of: (a) services; (b) programming; (c) facilities; (d) staffing; (e) policies; (f) procedures; or (g) any other element or characteristic of a congregate care program that the office, in consultation with the committee, determines impacts the safety of the children who are admitted. (6) A majority of the members of the committee constitutes a quorum, and a vote of the majority of the members present constitutes an action of the committee. (7) The director of the division shall appoint a chair from the committee's membership. (8) (a) The committee shall meet at least monthly until the office, in consultation with the committee, has: (i) defined the levels of congregate care programs in accordance with Subsection (4)(a); and (ii) established applicable minimum safety requirements in accordance with Subsection (4)(b). (b) The committee shall meet at least once per quarter after the completion of Subsections (8)(a)(i) and (ii). (9) A member of the committee may not receive compensation or benefits for the member's service but may receive per diem reimbursement and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Section 63A-3-106 or 63A-3-107. (10) The division shall provide staffing to support the committee. (11) The office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement and enforce this section.