reglab/housing_qa huggingface dataset:
UT Code § 62A-15-704 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 704 - Invasive treatment -- Due process proceedings.

62A-15-704. Invasive treatment -- Due process proceedings.    (1) For purposes of this section, "invasive treatment" means treatment in which a constitutionally protected liberty or privacy interest may be affected, including antipsychotic medication, electroshock therapy, and psychosurgery.     (2) The requirements of this section apply to all children receiving services or treatment from a local mental health authority, its designee, or its provider regardless of whether a local mental health authority has physical custody of the child or the child is receiving outpatient treatment from the local authority, its designee, or provider.     (3)   (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing due process procedures for children prior to any invasive treatment as follows:   (i) with regard to antipsychotic medications, if either the parent or child disagrees with that treatment, a due process proceeding shall be held in compliance with the procedures established under this Subsection (3);     (ii) with regard to psychosurgery and electroshock therapy, a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3), regardless of whether the parent or child agree or disagree with the treatment; and     (iii) other possible invasive treatments may be conducted unless either the parent or child disagrees with the treatment, in which case a due process proceeding shall be conducted pursuant to the procedures established under this Subsection (3).       (b) In promulgating the rules required by Subsection (3)(a), the division shall consider the advisability of utilizing an administrative law judge, court proceedings, a neutral and detached fact finder, and other methods of providing due process for the purposes of this section. The division shall also establish the criteria and basis for determining when invasive treatment should be administered.      Amended by Chapter 382, 2008 General Session
UT Code § 62A-15-705 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 705 - Commitment proceedings in juvenile court -- Criteria -- Custody.

 Effective 9/1/2021  62A-15-705. Commitment proceedings in juvenile court -- Criteria -- Custody.    (1)   (a) Subject to Subsection (1)(b), a commitment proceeding for a child may be commenced by filing a written application with the juvenile court of the county in which the child resides or is found, in accordance with the procedures described in Section 62A-15-631.     (b) A commitment proceeding under this section may be commenced only after a commitment proceeding under Section 62A-15-703 has concluded without the child being committed.       (2) The juvenile court shall order commitment to the physical custody of a local mental health authority if, upon completion of the hearing and consideration of the record, the juvenile court finds by clear and convincing evidence that:   (a) the child has a mental illness, as defined in Section 62A-15-602;     (b) the child demonstrates a risk of harm to the child or others;     (c) the child is experiencing significant impairment in the child's ability to perform socially;     (d) the child will benefit from the proposed care and treatment; and     (e) there is no appropriate less restrictive alternative.       (3) The juvenile court may not commit a child under Subsection (1) directly to the Utah State Hospital.     (4) The local mental health authority has an affirmative duty to:   (a) conduct periodic reviews of children committed to the local mental health authority's custody in accordance with this section; and     (b) release any child who has sufficiently improved so that the local mental health authority, or the local mental authority's designee, determines that commitment is no longer appropriate.       (5) If a child is committed to the custody of a local mental health authority, or the local mental health authority's designee, by the juvenile court, the local mental health authority, or the local mental health authority's designee, shall give the juvenile court written notice of the intention to release the child not fewer than five days before the day on which the child is released.    Amended by Chapter 261, 2021 General Session
UT Code § 62A-15-706 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 706 - Parent advocate.

62A-15-706. Parent advocate.  The division shall establish the position of a parent advocate to assist parents of children with a mental illness who are subject to the procedures required by this part.  Amended by Chapter 366, 2011 General Session
UT Code § 62A-15-707 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 707 - Confidentiality of information and records -- Exceptions -- Penalty.

62A-15-707. Confidentiality of information and records -- Exceptions -- Penalty.    (1) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records Access and Management Act, all certificates, applications, records, and reports made for the purpose of this part that directly or indirectly identify a patient or former patient or an individual whose commitment has been sought under this part, shall be kept confidential and may not be disclosed by any person except as follows:   (a) the individual identified consents after reaching 18 years of age;     (b) the child's parent or legal guardian consents;     (c) disclosure is necessary to carry out any of the provisions of this part; or     (d) a court may direct, upon its determination that disclosure is necessary for the conduct of proceedings before it, and that failure to make the disclosure would be contrary to the public interest.       (2) A person who violates any provision of this section is guilty of a class B misdemeanor.    Amended by Chapter 382, 2008 General Session
UT Code § 62A-15-708 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 708 - Mechanical restraints -- Clinical record.

62A-15-708. Mechanical restraints -- Clinical record.  Mechanical restraints may not be applied to a child unless it is determined, by the local mental health authority or its designee in conjunction with the child's current treating mental health professional, that they are required by the needs of that child. Every use of a mechanical restraint and the reasons for that use shall be made a part of the child's clinical record, under the signature of the local mental health authority, its designee, and the child's current treating mental health professional.  Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-709 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 709 - Habeas corpus.

62A-15-709. Habeas corpus.  Any child committed in accordance with Section 62A-15-703 is entitled to a writ of habeas corpus upon proper petition by himself or next of friend to the district court in the district in which he is detained.  Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-710 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 710 - Restrictions and limitations -- Civil rights and privileges.

62A-15-710. Restrictions and limitations -- Civil rights and privileges.    (1) Subject to the specific rules of the division, and except to the extent that the local mental health authority or its designee, in conjunction with the child's current treating mental health professional, determines that it is necessary for the welfare of the person to impose restrictions, every child committed to the physical custody of a local mental health authority under Section 62A-15-703 is entitled to:   (a) communicate, by sealed mail or otherwise, with persons, including official agencies, inside or outside of the facility;     (b) receive visitors; and     (c) exercise his civil rights.       (2) When any right of a child is limited or denied, the nature, extent, and reason for that limitation or denial shall be entered in the child's treatment record. Any continuing denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment record. Notice of that continuing denial in excess of 30 days shall be sent to the division.     (3) Notwithstanding any limitations authorized under this section on the right of communication, each child committed to the physical custody of a local mental health authority is entitled to communicate by sealed mail with his attorney, the local mental health authority, its designee, his current treating mental health professional, and the court, if commitment was court ordered. In no case may the child be denied a visit with the legal counsel or clergy of his choice.     (4) Each local mental health authority shall provide appropriate and reasonable means and arrangements for informing children and their parents or legal guardians of their rights as provided in this part, and for assisting them in making and presenting requests for release.     (5) All local mental health facilities shall post a statement, promulgated by the division, describing patient's rights under Utah law.    Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-711 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 711 - Standards for care and treatment.

62A-15-711. Standards for care and treatment.  Every child is entitled to humane care and treatment and to medical care and treatment in accordance with the prevailing standards accepted in medical practice, psychiatric nursing practice, social work practice, and the practice of clinical psychology.  Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-712 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 712 - Responsibilities of the Division of Substance Abuse and Mental Health.

62A-15-712. Responsibilities of the Division of Substance Abuse and Mental Health.    (1) The division shall ensure that the requirements of this part are met and applied uniformly by local mental health authorities across the state.     (2) Because the division must, under Section 62A-15-103, contract with, review, approve, and oversee local mental health authority plans, and withhold funds from local mental health authorities and public and private providers for contract noncompliance or misuse of public funds, the division shall:   (a) require each local mental health authority to submit its plan to the division by May 1 of each year; and     (b) conduct an annual program audit and review of each local mental health authority in the state, and its contract provider.       (3) The annual audit and review described in Subsection (2)(b) shall, in addition to items determined by the division to be necessary and appropriate, include a review and determination regarding whether or not:   (a) public funds allocated to local mental health authorities are consistent with services rendered and outcomes reported by it or its contract provider; and     (b) each local mental health authority is exercising sufficient oversight and control over public funds allocated for mental health programs and services.       (4) The Legislature may refuse to appropriate funds to the division if the division fails to comply with the procedures and requirements of this section.    Amended by Chapter 167, 2013 General Session
UT Code § 62A-15-713 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 7 - Commitment of Persons Under Age 18 to Division of Substance Abuse and Mental Health|Section 713 - Contracts with local mental health authorities -- Provisions.

62A-15-713. Contracts with local mental health authorities -- Provisions.  When the division contracts with a local mental health authority to provide mental health programs and services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 3, Local Mental Health Authorities, it shall ensure that those contracts include at least the following provisions:  (1) that an independent auditor shall conduct any audit of the local mental health authority or its contract provider's programs or services, pursuant to the provisions of Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;     (2) in addition to the requirements described in Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the division:   (a) shall prescribe guidelines and procedures, in accordance with those formulated by the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of officers, directors, and specified employees of the private contract provider, to assure the state that no personal benefit is gained from travel or other expenses; and     (b) may prescribe specific items to be addressed by that audit, depending upon the particular needs or concerns relating to the local mental health authority or contract provider at issue;       (3) the local mental health authority or its contract provider shall invite and include all funding partners in its auditor's pre- and exit conferences;     (4) each member of the local mental health authority shall annually certify that he has received and reviewed the independent audit and has participated in a formal interview with the provider's executive officers;     (5) requested information and outcome data will be provided to the division in the manner and within the timelines defined by the division;     (6) all audit reports by state or county persons or entities concerning the local mental health authority or its contract provider shall be provided to the executive director of the department, the local mental health authority, and members of the contract provider's governing board; and     (7) the local mental health authority or its contract provider will offer and provide mental health services to residents who are indigent and who meet state criteria for serious and persistent mental illness or severe emotional disturbance.    Amended by Chapter 71, 2005 General Session
UT Code § 62A-15-802 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 8 - Interstate Compact on Mental Health|Section 802 - Requirement of conformity with this chapter.

62A-15-802. Requirement of conformity with this chapter.  All actions and proceedings taken under authority of this compact shall be in accordance with the procedures and constitutional requirements described in Part 6, Utah State Hospital and Other Mental Health Facilities.  Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-901 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 9 - Utah Forensic Mental Health Facility|Section 901 - Establishment.

62A-15-901. Establishment.  The Utah Forensic Mental Health Facility is hereby established and shall be located on state land on the campus of the Utah State Hospital in Provo, Utah County.  Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5
UT Code § 62A-15-902 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 9 - Utah Forensic Mental Health Facility|Section 902 - Design and operation -- Security.

62A-15-902. Design and operation -- Security.    (1) The forensic mental health facility is a secure treatment facility.     (2)   (a) The forensic mental health facility accommodates the following populations:   (i) prison inmates displaying mental illness, as defined in Section 62A-15-602, necessitating treatment in a secure mental health facility;     (ii) criminally adjudicated persons found guilty with a mental illness or guilty with a mental illness at the time of the offense undergoing evaluation for mental illness under Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;     (iii) criminally adjudicated persons undergoing evaluation for competency or found guilty with a mental illness or guilty with a mental illness at the time of the offense under Title 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, who also have an intellectual disability;     (iv) persons undergoing evaluation for competency or found by a court to be incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;     (v) persons who are civilly committed to the custody of a local mental health authority in accordance with Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental Health Facilities, and who may not be properly supervised by the Utah State Hospital because of a lack of necessary security, as determined by the superintendent or the superintendent's designee; and     (vi) persons ordered to commit themselves to the custody of the Division of Substance Abuse and Mental Health for treatment at the Utah State Hospital as a condition of probation or stay of sentence pursuant to Title 77, Chapter 18, The Judgment.       (b) Placement of an offender in the forensic mental health facility under any category described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's status as established by the court at the time of adjudication.     (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for the allocation of beds to the categories described in Subsection (2)(a).       (3) The department shall:   (a) own and operate the forensic mental health facility;     (b) provide and supervise administrative and clinical staff; and     (c) provide security staff who are trained as psychiatric technicians.       (4) Pursuant to Subsection 62A-15-603(3) the executive director shall designate individuals to perform security functions for the state hospital.    Amended by Chapter 366, 2011 General Session
UT Code § 62A-15-1001 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 10 - Declaration for Mental Health Treatment|Section 1001 - Definitions.

62A-15-1001. Definitions.  As used in this part:  (1) "Attending physician" means a physician licensed to practice medicine in this state who has primary responsibility for the care and treatment of the declarant.     (2) "Attorney-in-fact" means an adult properly appointed under this part to make mental health treatment decisions for a declarant under a declaration for mental health treatment.     (3) "Incapable" means that, in the opinion of the court in a guardianship proceeding under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's ability to receive and evaluate information effectively or communicate decisions is impaired to such an extent that the person currently lacks the capacity to make mental health treatment decisions.     (4) "Mental health facility" means the same as that term is defined in Section 62A-15-602.     (5) "Mental health treatment" means convulsive treatment, treatment with psychoactive medication, or admission to and retention in a facility for a period not to exceed 17 days.    Renumbered and Amended by Chapter 8, 2002 Special Session 5Renumbered and Amended by Chapter 8, 2002 Special Session 5