Utah Code § 26B-2-123 — Utah Code / Title 26B / Chapter 26B-2 / § 26B-2-123
§ 26B-2-123. Congregate care program regulation.
Status: in_force

(1) (a) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including: (i) a strip search unless the congregate care program determines and documents that a strip search is necessary to protect an individual's health or safety; (ii) a body cavity search unless the congregate care program determines and documents that a body cavity search is necessary to protect an individual's health or safety; (iii) inducing pain to obtain compliance; (iv) hyperextending joints; (v) peer restraints; (vi) discipline or punishment that is intended to frighten or humiliate; (vii) requiring or forcing the child to take an uncomfortable position, including squatting or bending; (viii) for the purpose of punishing or humiliating, requiring or forcing the child to repeat physical movements or physical exercises such as running laps or performing push-ups; (ix) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact; (x) denying an essential program service; (xi) depriving the child of a meal, water, rest, or opportunity for toileting; (xii) denying shelter, clothing, or bedding; (xiii) withholding personal interaction, emotional response, or stimulation; (xiv) prohibiting the child from entering the residence; (xv) abuse as defined in Section 80-1-102; and (xvi) neglect as defined in Section 80-1-102. (b) A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice. (2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall: (a) develop and implement written policies and procedures that: (i) describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention; (ii) describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention; (iii) describe procedures for monitoring a child that is restrained or in seclusion; (iv) describe time limitations on the use of a restraint or seclusion; (v) require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention; (vi) require documenting the use of a restraint, seclusion, or emergency safety intervention; (vii) describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention; (viii) to the extent practicable, require debriefing the following individuals if debriefing would not interfere with an ongoing investigation, violate any law or regulation, or conflict with a child's treatment plan: (A) each witness to the event; (B) each staff member involved; and (C) the child who was restrained or in seclusion; (ix) include a procedure for complying with Subsection (5); and (x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and (b) consult with the office to ensure that the congregate care program's written policies and procedures align with applicable law. (3) A congregate care program: (a) may use a passive physical restraint only if the passive physical restraint is supported by a nationally or regionally recognized curriculum focused on non-violent interventions and de-escalation techniques; (b) may not use a chemical or mechanical restraint unless the office has authorized the congregate care program to use a chemical or mechanical restraint; (c) shall ensure that a staff member that uses a restraint on a child is: (i) properly trained to use the restraint; and (ii) familiar with the child and if the child has a treatment plan, the child's treatment plan; and (d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint. (4) (a) A congregate care program: (i) may use seclusion if: (A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and (B) no less restrictive intervention is likely to ensure the safety of the child or others; and (ii) may not use seclusion: (A) for coercion, retaliation, or humiliation; or (B) due to inadequate staffing or for the staff's convenience. (b) While a child is in seclusion, a staff member who is familiar to the child shall actively supervise the child for the duration of the seclusion. (5) Subject to the office's review and approval, a congregate care program shall develop: (a) suicide prevention policies and procedures that describe: (i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior; (ii) warning signs of suicide; (iii) emergency protocol and contacts; (iv) training requirements for staff, including suicide prevention training; (v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions; (vi) suicide risk assessment procedures; (vii) documentation requirements for a child's suicide ideation and self-harm; (viii) special observation precautions for a child exhibiting warning signs of suicide; (ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide; (x) a process for tracking suicide behavioral patterns; and (xi) a post-intervention plan with identified resources; and (b) based on state law and industry best practices, policies and procedures for managing a child's behavior during the child's participation in the congregate care program. (6) (a) A congregate care program: (i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable; (ii) shall ensure that the communication described in Subsection (6)(a)(i) complies with the child's treatment plan, if any; and (iii) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment. (b) For the communication described in Subsection (6)(a)(i), a congregate care program may not: (i) deny the communication unless state law or a court order prohibits the communication; or (ii) modify the frequency or form of the communication unless: (A) the office approves the modification; or (B) state law or a court order prohibits the frequency or the form of the communication.