UT Code § 62A-2-123 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 2 - Licensure of Programs and Facilities|Section 123 - Congregate care program regulation.

 Effective 5/5/2021  62A-2-123. Congregate care program regulation.    (1) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including:   (a) 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;     (b) 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;     (c) inducing pain to obtain compliance;     (d) hyperextending joints;     (e) peer restraints;     (f) discipline or punishment that is intended to frighten or humiliate;     (g) requiring or forcing the child to take an uncomfortable position, including squatting or bending;     (h) 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;     (i) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;     (j) denying an essential program service;     (k) depriving the child of a meal, water, rest, or opportunity for toileting;     (l) denying shelter, clothing, or bedding;     (m) withholding personal interaction, emotional response, or stimulation;     (n) prohibiting the child from entering the residence;     (o) abuse as defined in Section 80-1-102; and     (p) neglect as defined in Section 80-1-102.       (2) Before a congregate care program may use a restraint or seclusion, 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 or seclusion;     (ii) describe which staff members are authorized to use a restraint or seclusion;     (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 or seclusion;     (vi) require documenting the use of a restraint or seclusion;     (vii) describe record keeping requirements for records related to the use of a restraint or seclusion;     (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 industry standards and 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 congregate care program:   (a) when not otherwise prohibited by law, shall facilitate weekly confidential communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable;     (b) shall ensure that the communication described in Subsection (6)(a) complies with the child's treatment plan, if any; and     (c) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.      Enacted by Chapter 400, 2021 General Session