Utah Code § 53G-9-902 — Utah Code / Title 53G / Chapter 53G-9 / § 53G-9-902
§ 53G-9-902. Informed parental consent required -- Parental notification required.
Status: in_force

(1) Except as provided in a student's IEP or Section 504 accommodation plan: (a) an individual who is not authorized personnel may not provide a restricted service; and (b) authorized personnel may not provide a restricted service: (i) outside the scope of the relevant license; or (ii) with other students present. (2) For authorized personnel to provide a restricted service: (a) the relevant LEA, school, or authorized personnel shall obtain informed written parental consent before the first session of a restricted service in a given school year, using a standard form that includes: (i) fields for at least the following information: (A) the name of the student; (B) the name of the individual giving informed consent; and (C) the name of each authorized personnel who has authority under the informed written consent to provide a restricted service; (ii) a statement that the authorized personnel will provide information about the restricted service in accordance with Subsection (2)(b), including that the parent has the right to opt out of receiving notifications at any time; and (iii) a statement that authorized personnel will adhere to the topics or issues the parent identifies, in collaboration with authorized personnel, for discussion or exclusion with the student under Subsection (3)(a), except that the authorized personnel may address topics if the omission would compromise the student's immediate safety, the omission would violate mandatory reporting obligations, or, based on behaviors or statements the authorized personnel observes, the authorized personnel determines a need to assess the student's safety; and (b) unless the student's parent opts out of receiving notifications from the authorized personnel under this Subsection (2)(b), within one business day after each session of a restricted service, the authorized personnel shall provide to the student's parent: (i) notice that the restricted service took place; and (ii) a description of the topic of the restricted service. (3) (a) (i) When obtaining the informed written parental consent described in Subsection (2)(a), the LEA, school, or authorized personnel shall, through consultation with the parent, provide the parent an opportunity to identify topics or issues the parent intends the authorized personnel to address or to not address with the student. (ii) Except as described in Subsection (3)(a)(iii), authorized personnel may not address a topic or issue for which a parent has expressly stated an intent for authorized personnel to not address with the student under this Subsection (3)(a). (iii) Subsection (3)(a)(ii) does not apply if: (A) an omission within a restricted service would compromise the student's immediate safety; or (B) the student discloses information that creates a duty on the authorized personnel to make a mandatory report for the purpose of discussing the information with the student to the extent necessary to make the report, including for suspected cases of child abuse or neglect under Section 80-2-602, abuse of a student under Section 53E-6-701, or any other legally mandated duty to report an incident. (b) (i) The requirement to obtain prior informed written parental consent before providing a restricted service described in Subsection (2)(a) does not apply in a case in which a delay to contact a parent would create an immediate serious risk of suicide or serious bodily injury, as defined in Section 76-1-101.5, to the student or to another individual. (ii) For a circumstance described in Subsection (3)(b)(i), the LEA, school, or authorized personnel shall notify a parent in accordance with Section 53G-9-604. (c) A student's IEP or Section 504 accommodation plan that includes a restricted service satisfies the informed parental consent requirement described in Subsection (2)(a). (4) (a) The state board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the application of this section to the actions of educators and staff in the public education system. (b) The state board shall, in consultation with the Department of Health and Human Services, provide guidance to authorized personnel, educators, and school support staff on conduct and practices that constitute and do not constitute a restricted service. (5) Nothing in this part authorizes an individual to take an action that exceeds the scope of the individual's license or certification. (6) This section does not apply to a service a student accesses through the SafeUT Crisis Line established in Section 53H-4-210.