reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 112 - Allocation of funds to acquire facilities.

Effective 5/3/2023
26B-6-112.
Allocation of funds to acquire facilities.
(1)
(a) The board may make grants to local area agencies on aging to acquire facilities to provide community-based services for aged persons. Grants under this section shall be made solely from appropriations made to the division for implementation of this section.
(b) Acquisition of a facility may include acquisition of real property, construction of a new facility, acquisition of an existing facility, or alteration, renovation, or improvement of an existing facility.
(c) The local area agency may allocate grants received under this section to a local nonprofit or governmental agency that owns or operates a facility to provide community-based services for aged persons.
(2) A local area agency on aging or the local nonprofit or governmental agency that owns or operates the facility and receives grant money from the area agency shall provide a matching contribution of at least 25% of the grant funds it receives under this section. A matching contribution may include funds, services, property, or other in-kind contributions.
(3) In making grants under this section, the board may consider:
(a) the extent and availability of public and private funding to operate programs in the facility to be acquired and to provide for maintenance of that facility;
(b) the need for community-based services in the geographical area served by the area agency on aging;
(c) the availability of private and local funds to assist in acquisition, alteration, renovation, or improvement of the facility; and
(d) the extent and level of support for acquisition of the facility from local government officials, private citizens, interest groups, and others.
(4) Grants to local area agencies on aging and any local nonprofit or governmental agency that owns or operates a facility and receives grant money from the area agency under this section are subject to the oversight and control by the division described in Subsection 26B-6-104(8).
(5) It is the intent of the Legislature that the grants made under this section serve the statewide purpose of providing support for senior citizens throughout the state, and that the grants shall be made to serve as effectively as possible the facilities in greatest need of assistance.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 113 - Allocation of funds to local area agencies -- Formulas.

Effective 5/3/2023
26B-6-113.
Allocation of funds to local area agencies -- Formulas.
(1)
(a) The board shall establish by rule formulas for allocating funds to local area agencies through contracts to provide programs and services in accordance with this part based on need.
(b) Determination of need shall be based on the number of eligible persons located in the local area which the division is authorized to serve, unless federal regulations require otherwise or the board establishes, by valid and accepted data, that other defined factors are relevant and reliable indicators of need.
(c) Formulas established by the board shall include a differential to compensate for additional costs of providing services in rural areas.
(2) Formulas established under Subsection (1) shall be in effect on or before July 1, 1998, and apply to all state and federal funds appropriated by the Legislature to the division for local area agencies, but does not apply to:
(a) funds that local area agencies receive from sources other than the division;
(b) funds that local area agencies receive from the division to operate a specific program within its jurisdiction which is available to all residents of the state;
(c) funds that a local area agency receives from the division to meet a need that exists only within that local area; and
(d) funds that a local area agency receives from the division for research projects.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 1 - Aging and Adult Services › Section 114 - Adjudicative proceedings.

Effective 5/3/2023
26B-6-114.
Adjudicative proceedings.
Adjudicative proceedings held by, or relating to, the division or the board shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 202 - Purpose of Adult Protective Services Program.

Effective 5/3/2023
26B-6-202.
Purpose of Adult Protective Services Program.
Subject to the rules made by the division under Section 26B-6-110, Adult Protective Services:
(1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults;
(2) shall, where appropriate, provide short-term, limited protective services with the permission of the affected vulnerable adult or the guardian or conservator of the vulnerable adult;
(3) shall, subject to Section 26B-6-217, provide emergency protective services; and
(4) may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and develop procedures and policies relating to:
(a) reporting and investigating incidents of abuse, neglect, or exploitation; and
(b) providing protective services to the extent that funds are appropriated by the Legislature for this purpose.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 204 - Cooperation by caretaker.

Effective 5/3/2023
26B-6-204.
Cooperation by caretaker.
A caretaker, facility, or other institution shall, regardless of the confidentiality standards of the caretaker, facility, or institution:
(1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this chapter;
(2) cooperate with any Adult Protective Services investigation;
(3) provide Adult Protective Services with access to records or documents relating to the vulnerable adult who is the subject of an investigation; or
(4) provide evidence in any judicial or administrative proceeding relating to a vulnerable adult who is the subject of an investigation.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 206 - Photographing, video, and audio taping.

Effective 5/3/2023
26B-6-206.
Photographing, video, and audio taping.
Law enforcement or Adult Protective Services investigators may collect evidence regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable adult, if the vulnerable adult:
(1) consents to the taking of the photographs, video tape recordings, or audio or video tape accounts; or
(2) lacks the capacity to give the consent described in Subsection (1).
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 207 - Peace officer's authority to transport -- Notification.

Effective 5/3/2023
26B-6-207.
Peace officer's authority to transport -- Notification.
(1) A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if:
(a) the officer has probable cause to believe that:
(i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and
(ii) the vulnerable adult will suffer serious physical injury or death if not immediately placed in a safe environment;
(b) the vulnerable adult refuses to consent or lacks capacity to consent; and
(c) there is not time to notify interested parties or to apply for a warrant or other court order.
(2) A peace officer described in Subsection (1) shall, within four hours after a vulnerable adult is transported to an appropriate medical or shelter facility:
(a) notify Adult Protective Services intake; and
(b) request that Adult Protective Services or the division file a petition with the court for an emergency protective order.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 208 - Enforcement by division -- Duty of county or district attorney.

Effective 5/3/2023
26B-6-208.
Enforcement by division -- Duty of county or district attorney.
(1) It is the duty of the county or district attorney, as appropriate under Sections 17-18a-202 and 17-18a-203, to:
(a) assist and represent the division;
(b) initiate legal proceedings to protect vulnerable adults; and
(c) take appropriate action to prosecute the alleged offenders.
(2) If the county or district attorney fails to act upon the request of the division to provide legal assistance within five business days after the day on which the request is made:
(a) the division may request the attorney general to act; and
(b) the attorney general may, in the attorney general's discretion, assume the responsibilities and carry the action forward in place of the county or district attorney.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 209 - Requests for records.

Effective 5/3/2023
26B-6-209.
Requests for records.
(1) Requests for records maintained by Adult Protective Services shall be made in writing to Adult Protective Services.
(2) Classification and disclosure of records shall be made in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 210 - Statewide database -- Restricted use and access.

Effective 5/3/2023
26B-6-210.
Statewide database -- Restricted use and access.
(1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part.
(2) The database shall include:
(a) the names and identifying data of the alleged abused, neglected, or exploited vulnerable adult and the alleged perpetrator;
(b) information regarding whether or not the allegation of abuse, neglect, or exploitation was found to be:
(i) supported;
(ii) inconclusive;
(iii) without merit; or
(iv) for reports for which the finding is made before May 5, 2008:
(A) substantiated; or
(B) unsubstantiated; and
(c) any other information that may be helpful in furthering the purposes of this part, as determined by the division.
(3) Information obtained from the database may be used only:
(a) for statistical summaries compiled by the department that do not include names or other identifying data;
(b) where identification of an individual as a perpetrator may be relevant in a determination regarding whether to grant or deny a license, privilege, or approval made by:
(i) the department;
(ii) the Division of Professional Licensing;
(iii) the Division of Licensing and Background Checks within the department;
(iv) the Bureau of Emergency Medical Services and Preparedness, within the department, or a designee of the Bureau of Emergency Medical Services and Preparedness;
(v) any government agency specifically authorized by statute to access or use the information in the database; or
(vi) an agency of another state that performs a similar function to an agency described in Subsections (3)(b)(i) through (iv); or
(c) as otherwise specifically provided by law.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 212 - Access to information in database.

Effective 5/3/2023
26B-6-212.
Access to information in database.
The database and the adult protection case file:
(1) shall be made available to law enforcement agencies, the attorney general's office, city attorneys, the Division of Professional Licensing, and county or district attorney's offices;
(2) shall be released as required under Subsection 63G-2-202(4)(c); and
(3) may be made available, at the discretion of the division, to:
(a) subjects of a report as follows:
(i) a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or that adult's attorney or legal guardian; and
(ii) a person identified in a report as having abused, neglected, or exploited a vulnerable adult, or that person's attorney; and
(b) persons involved in an evaluation or assessment of the vulnerable adult as follows:
(i) an employee or contractor of the department who is responsible for the evaluation or assessment of an adult protection case file;
(ii) a multidisciplinary team approved by the division to assist Adult Protective Services in the evaluation, assessment, and disposition of a vulnerable adult case;
(iii) an authorized person or agency providing services to, or responsible for, the care, treatment, assessment, or supervision of a vulnerable adult named in the report as a victim, when in the opinion of the division, that information will assist in the protection of, or provide other benefits to, the victim;
(iv) a licensing authority for a facility, program, or person providing care to a victim named in a report; and
(v) legally authorized protection and advocacy agencies when they represent a victim or have been requested by the division to assist on a case, including:
(A) the Office of Public Guardian, created in Section 26B-6-302; and
(B) the Long-Term Care Ombudsman Program, created in Section 26B-2-303.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 213 - Private right of action -- Estate asset -- Attorney fees.

Effective 5/3/2023
26B-6-213.
Private right of action -- Estate asset -- Attorney fees.
(1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has a private right of action against the perpetrator.
(2) Upon the death of a vulnerable adult, any cause of action under this section shall constitute an asset of the estate of the vulnerable adult.
(3) If the plaintiff prevails in an action brought under this section, the court may order that the defendant pay the costs and reasonable attorney fees of the plaintiff.
(4) If the defendant prevails in an action brought under this section, the court may order that the plaintiff pay the costs and reasonable attorney fees of the defendant, if the court finds that the action was frivolous, unreasonable, or taken in bad faith.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 214 - Protective services voluntary unless court ordered.

Effective 5/3/2023
26B-6-214.
Protective services voluntary unless court ordered.
(1) Vulnerable adults who receive protective services under this part shall do so knowingly or voluntarily or upon district court order.
(2) Protective services may be provided without a court order for a vulnerable adult who has the capacity to consent and who requests or knowingly or voluntarily consents to those services. Protective services may also be provided for a vulnerable adult whose guardian or conservator with authority to consent does consent to those services. When short-term, limited protective services are provided, the division and the recipient, or the recipient's guardian or conservator, shall execute a written agreement setting forth the purposes and limitations of the services to be provided. If consent is subsequently withdrawn by the recipient, the recipient's guardian or conservator, or the court, services, including any investigation, shall cease.
(3) A court may order emergency protective services to be provided to a vulnerable adult who does not consent or who lacks capacity to consent to protective services in accordance with Section 26B-6-217.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 215 - Costs incurred in providing of protective services.

Effective 5/3/2023
26B-6-215.
Costs incurred in providing of protective services.
Costs incurred in providing protective services are the responsibility of the vulnerable adult when:
(1) the vulnerable adult is financially able to pay for those services, according to rates established by the division, and that payment is provided for as part of the written agreement for services described in Section 26B-6-214;
(2) the vulnerable adult to be protected is eligible for those services from another governmental agency; or
(3) the court appoints a guardian or conservator and orders that the costs be paid from the vulnerable adult's estate.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 216 - Venue for protective services proceedings.

Effective 5/3/2023
26B-6-216.
Venue for protective services proceedings.
Venue for all proceedings related to protective services and emergency protective services under this part is in the county where the vulnerable adult resides or is present.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 217 - Emergency protective services -- Forcible entry.

Effective 5/3/2023
26B-6-217.
Emergency protective services -- Forcible entry.
(1) Adult Protective Services shall, immediately upon court order, provide emergency protective services to a court-designated vulnerable adult.
(2) A court may, without notice, order emergency protective services immediately upon receipt of a petition for emergency protective services when a court finds that:
(a) the subject of the petition is a vulnerable adult;
(b)
(i) the vulnerable adult does not have a court-appointed guardian or conservator; or
(ii) the guardian or conservator is not effectively performing the guardian's or conservator's duties;
(c) an emergency exists; and
(d) the welfare, safety, or best interests of the vulnerable adult requires emergency protective services.
(3) An emergency protective services order shall specifically designate the services that are approved and the facts that support the provision of those services.
(4) Services authorized in an emergency protective services order may include hospitalization, nursing, custodial care, or a change in residence.
(5) An emergency protective services order expires five business days after the day on which the court issues the order unless an appropriate party petitions for temporary guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency services order.
(6) If a petition for guardianship or an additional emergency protective services petition is filed within five business days after the day on which the court issues the original emergency protective services order, a court may extend the duration of the original order an additional 15 business days after the day on which the subsequent petition is filed to allow for a court hearing on the petition.
(7) To implement an emergency protective services order, a court may authorize forcible entry by a peace officer into the premises where the vulnerable adult may be found.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 218 - Petition for injunctive relief when caretaker refuses to allow protective services.

Effective 5/3/2023
26B-6-218.
Petition for injunctive relief when caretaker refuses to allow protective services.
(1) When a vulnerable adult is in need of protective services and the caretaker refuses to allow the provision of those services, the division may petition the court for injunctive relief prohibiting the caretaker from interfering with the provision of protective services.
(2) The division's petition under Subsection (1) shall allege facts sufficient to show that the vulnerable adult is in need of protective services, that the vulnerable adult either consents or lacks capacity to consent to those services, and that the caretaker refuses to allow the provision of those services.
(3) The court may, on appropriate findings and conclusions in accordance with Rule 65A, Utah Rules of Civil Procedure, issue an order enjoining the caretaker from interfering with the provision of protective services.
(4) The petition under Subsection (1) may be joined with a petition under Section 26B-6-217.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult › Section 219 - Medical cannabis use by a vulnerable adult or guardian.

Effective 5/3/2023
26B-6-219.
Medical cannabis use by a vulnerable adult or guardian.
A peace officer or an employee or agent of the division may not solicit or provide, and a court may not order, emergency services for a vulnerable adult based solely on:
(1) the vulnerable adult's possession or use of cannabis in accordance with Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
(2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis in accordance with Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 301 - Definitions.

Effective 5/3/2023
26B-6-301.
Definitions.
As used in this part:
(1) "Conservator" is as defined in Section 75-1-201.
(2) "Court" is as defined in Section 75-1-201.
(3) "Estate" is as defined in Section 75-1-201.
(4) "Guardian" is as defined in Section 75-1-201.
(5) "Incapacitated" means a person who has been determined by a court, pursuant to Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has determined that the person is 18 years of age or older and suffers from a mental or physical impairment as part of the prepetition assessment in Section 26B-6-305.
(6) "Office" means the Office of Public Guardian.
(7) "Property" is as defined in Section 75-1-201.
(8) "Ward" means an incapacitated person for whom the office has been appointed as guardian or conservator.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 302 - Office of Public Guardian -- Creation.

Effective 5/3/2023
26B-6-302.
Office of Public Guardian -- Creation.
(1) There is created within the department the Office of Public Guardian which has the powers and duties provided in this part.
(2) The office is under the administrative and general supervision of the executive director.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 303 - Director of the office -- Appointment -- Qualifications.

Effective 5/3/2023
26B-6-303.
Director of the office -- Appointment -- Qualifications.
(1) The director of the office shall be appointed by the executive director.
(2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in matters concerning guardianship and conservatorship.
(3) The director is the administrative head of the office.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 305 - Prepetition assessment and plan.

Effective 5/3/2023
26B-6-305.
Prepetition assessment and plan.
(1) Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall:
(a) conduct a face-to-face needs assessment, by someone other than a volunteer, to determine whether the person suffers from a mental or physical impairment that renders the person substantially incapable of:
(i) caring for his personal safety;
(ii) managing his financial affairs; or
(iii) attending to and providing for such necessities as food, shelter, clothing, and medical care, to the extent that physical injury or illness may result;
(b) assess the financial resources of the person based on information supplied to the office at the time of assessment;
(c) inquire and, if appropriate, search to determine whether any other person may be willing and able to serve as the person's guardian or conservator; and
(d) determine the form of guardianship or conservatorship to request of a court, if any, giving preference to the least intensive form of guardianship or conservatorship, consistent with the best interests of the person.
(2) The office shall prepare an individualized guardianship or conservator plan for each ward within 60 days of appointment.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 306 - Office volunteers.

Effective 5/3/2023
26B-6-306.
Office volunteers.
(1) A person who desires to be an office volunteer shall:
(a) possess demonstrated personal characteristics of honesty, integrity, compassion, and concern for incapacitated persons; and
(b) upon request, submit information for a background check pursuant to Section 26B-1-211.
(2) An office volunteer may not receive compensation or benefits, but may be reimbursed by the office for expenses actually and reasonably incurred, consistent with Title 67, Chapter 20, Volunteer Government Workers Act.
(3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8, Immunity for Persons Performing Voluntary Services Act.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 307 - Contract for services.

Effective 5/3/2023
26B-6-307.
Contract for services.
(1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the office may contract with one or more providers to perform guardian and conservator duties.
(2) The office shall review and monitor the services provided by a contract provider to a ward for whom the office has been appointed guardian or conservator.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 308 - Court, legal, and other costs.

Effective 5/3/2023
26B-6-308.
Court, legal, and other costs.
(1) The office may not be appointed as the guardian or conservator of a person unless the office petitioned for or agreed in advance to the appointment.
(2) Except as provided in Subsection (4), the court shall order the ward or the ward's estate to pay for the cost of services rendered under this chapter, including court costs and reasonable attorney fees.
(3) If the office recovers attorney fees under Subsection (2), the office shall transmit those fees to the attorneys who represented the ward or the office in connection with the ward's case.
(4) If a ward is indigent, the office shall provide guardian and conservator services free of charge and shall make reasonable efforts to secure pro bono legal services for the ward.
(5) Under no circumstances may court costs or attorney fees be assessed to the office.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 3 - Office of Public Guardian › Section 309 - Duty of the county attorney or district attorney.

Effective 5/3/2023
26B-6-309.
Duty of the county attorney or district attorney.
(1) The attorney general shall advise the office on legal matters and represent the office in legal proceedings.
(2) Upon the request of the attorney general, a county attorney may represent the office in connection with the filing of a petition for appointment as guardian or conservator of an incapacitated person and with routine, subsequent appearances.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 404 - Director -- Qualifications -- Responsibilities.

Effective 5/3/2023
26B-6-404.
Director -- Qualifications -- Responsibilities.
(1) The director of the division shall be appointed by the executive director.
(2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in developmental disabilities, intellectual disabilities, and other disabilities.
(3) The director is the administrative head of the division.
(4) The director shall appoint the superintendent of the developmental center and the necessary and appropriate administrators for other facilities operated by the division with the concurrence of the executive director.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 405 - Division responsibilities -- Policy mediation.

Effective 5/3/2023
26B-6-405.
Division responsibilities -- Policy mediation.
(1) The division shall establish its rules in accordance with:
(a) the policy of the Legislature as set forth by this part; and
(b)Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) The division shall:
(a) establish program policy for the division, the developmental center, and programs and facilities operated by or under contract with the division;
(b) establish rules for the assessment and collection of fees for programs within the division;
(c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay and implement the schedule with respect to service recipients and their families where not otherwise prohibited by federal law or regulation or not otherwise provided for in Section 26B-6-411;
(d) establish procedures to ensure that private citizens, consumers, private contract providers, allied state and local agencies, and others are provided with an opportunity to comment and provide input regarding any new policy or proposed revision to an existing policy;
(e) provide a mechanism for systematic and regular review of existing policy and for consideration of policy changes proposed by the persons and agencies described under Subsection (2)(d);
(f) establish and periodically review the criteria used to determine who may receive services from the division and how the delivery of those services is prioritized within available funding;
(g) review implementation and compliance by the division with policies established by the board to ensure that the policies established by the Legislature in this chapter are carried out; and
(h) annually report to the executive director.
(3) The executive director shall mediate any differences which arise between the policies of the division and those of any other policy board or division in the department.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 406 - Powers of other state agencies -- Severability.

Effective 5/3/2023
26B-6-406.
Powers of other state agencies -- Severability.
Nothing in this part shall be construed to supersede or limit the authority granted by law to any other state agency. If any provision of this part, or the application of any provision to the person or circumstance, is held invalid, the remainder of this part shall not be affected.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 407 - Program for provision of supported employment services.

Effective 5/3/2023
26B-6-407.
Program for provision of supported employment services.
(1) There is established a program for the provision of supported employment services to be administered by the division.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the implementation and administration of the program described in this section.
(3) In accordance with Subsection (4), within funds appropriated by the Legislature for the program described in this section, the division shall provide supported employment services to a person with a disability who:
(a) is eligible to receive services from the division;
(b) has applied for, and is waiting to, receive services from the division;
(c) is not receiving other ongoing services from the division;
(d) is not able to receive sufficient supported employment services from other sources;
(e) the division determines would substantially benefit from the provision of supported employment services; and
(f) does not require the provision of other ongoing services from the division in order to substantially benefit from the provision of supported employment services.
(4)
(a) The division shall provide supported employment services under this section outside of the prioritization criteria established by the division for the receipt of other services from the division.
(b) The division shall establish criteria to determine the priority, between persons eligible for services under this section, for receiving services under this section.
(5) It is the intent of the Legislature that the services provided under the program described in this section:
(a) shall be provided separately from the Medicaid program described in Title XIX of the Social Security Act;
(b) may not be supported with Medicaid funds;
(c) may not be provided as part of a Medicaid waiver;
(d) do not constitute an entitlement of any kind; and
(e) may be withdrawn from a person at any time.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 408 - Pilot Program for the Provision of Family Preservation Services.

Effective 5/3/2023
26B-6-408.
Pilot Program for the Provision of Family Preservation Services.
(1) There is established a pilot program for the provision of family preservation services to a person with a disability and that person's family, beginning on July 1, 2007, and ending on July 1, 2009.
(2) The family preservation services described in Subsection (1) may include:
(a) family skill building classes;
(b) respite hours for class attendance; or
(c) professional intervention.
(3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary for the implementation and administration of this section.
(4) In accordance with Subsection (5), within funds appropriated by the Legislature for the pilot program described in this section, the division shall provide family preservation services to a person with a disability, and that person's family, if that person:
(a) is eligible to receive services from the division;
(b) has applied for, and is willing to receive, services from the division;
(c) is not receiving other ongoing services from the division;
(d) is not able to receive sufficient family preservation services from other sources;
(e) is determined by the division to be a person who would substantially benefit from the provision of family preservation services; and
(f) does not require the provision of other ongoing services from the division in order to substantially benefit from the provision of family preservation services.
(5)
(a) The division shall provide family preservation services under this section outside of the prioritization criteria established by the division for the receipt of other services from the division.
(b) The division shall establish criteria to determine the priority, between persons eligible for services under this section, for receiving services under this section.
(6) It is the intent of the Legislature that the services provided under the pilot program described in this section:
(a) shall be provided separately from the Medicaid program described in Title XIX of the Social Security Act;
(b) may not be supported with Medicaid funds;
(c) may not be provided as part of a Medicaid waiver;
(d) do not constitute an entitlement of any kind; and
(e) may be withdrawn from a person at any time.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 409 - Employment first emphasis on the provision of services.

Effective 5/3/2023
26B-6-409.
Employment first emphasis on the provision of services.
(1) When providing services to a person with a disability under this chapter, the division shall, within funds appropriated by the Legislature and in accordance with the requirements of federal and state law, give priority to providing services that assist the person in obtaining and retaining meaningful and gainful employment that enables the person to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the person's life.
(2) The division shall develop a written plan to implement the policy described in Subsection (1) that includes:
(a) assessing the strengths and needs of a person with a disability;
(b) customizing strength-based approaches to obtaining employment;
(c) expecting, encouraging, providing, and rewarding:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) maximizing appropriate employment training opportunities;
(f) coordinating services with other government agencies and community resources;
(g) to the extent possible, eliminating practices and policies that interfere with the policy described in Subsection (1); and
(h) arranging sub-minimum wage work or volunteer work when employment at market rates cannot be obtained.
(3) The division shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (1) and the plan described in Subsection (2);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (2) as needed.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 410 - Disbursal of public funds -- Background check of a direct service worker.

Effective 5/3/2023
26B-6-410.
Disbursal of public funds -- Background check of a direct service worker.
(1) For purposes of this section, "office" means the same as that term is defined in Section 26B-2-101.
(2) Public funds may not be disbursed to pay a direct service worker for personal services rendered to a person unless the office approves the direct service worker to have direct access and provide services to a child or a vulnerable adult pursuant to Section 26B-2-120.
(3) For purposes of Subsection (2), the office shall conduct a background check of a direct service worker:
(a) before public funds are disbursed to pay the direct service worker for the personal services described in Subsection (2); and
(b) using the same procedures established for a background check of an applicant for a license under Section 26B-2-120.
(4) A child who is in the legal custody of the department or any of the department's divisions may not be placed with a direct service worker unless, before the child is placed with the direct service worker, the direct service worker passes a background check under Section 26B-2-120.
(5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public Transit District Act, contracts with the division to provide services:
(a) the provisions of this section are not applicable to a direct service worker employed by the public transit district; and
(b) the division may not reimburse the public transit district for services provided unless a direct service worker hired or transferred internally after July 1, 2013, by the public transit district to drive a paratransit route:
(i) is approved by the office to have direct access to children and vulnerable adults in accordance with Section 26B-2-120; and
(ii) is subject to a background check established in a statute or rule governing a public transit district or other public transit district policy.
Renumbered and Amended by Chapter 308, 2023 General Session
Amended by Chapter 344, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 4 - Division of Services for People with Disabilities › Section 411 - Parent liable for cost and support of minor -- Guardian liable for costs.

Effective 5/3/2023
26B-6-411.
Parent liable for cost and support of minor -- Guardian liable for costs.
(1) Parents of a person who receives services or support from the division, who are financially responsible, are liable for the cost of the actual care and maintenance of that person and for the support of the child in accordance with Title 78B, Chapter 12, Utah Child Support Act, and Chapter 9, Part 1, Office of Recovery Services, until the person reaches 18 years old.
(2) A guardian of a person who receives services or support from the division is liable for the cost of actual care and maintenance of that person, regardless of his age, where funds are available in the guardianship estate established on his behalf for that purpose. However, if the person who receives services is a beneficiary of a trust created in accordance with Section 26B-6-412, or if the guardianship estate meets the requirements of a trust described in that section, the trust income prior to distribution to the beneficiary, and the trust principal are not subject to payment for services or support for that person.
(3) If, at the time a person who receives services or support from the division is discharged from a facility or program owned or operated by or under contract with the division, or after the death and burial of a resident of the developmental center, there remains in the custody of the division or the superintendent any money paid by a parent or guardian for the support or maintenance of that person, it shall be repaid upon demand.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 501 - Definitions.

Effective 5/3/2023
26B-6-501.
Definitions.
The definitions in Section 26B-6-401 apply to this part.
Enacted by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 503 - Developmental center within division.

Effective 5/3/2023
26B-6-503.
Developmental center within division.
The programs and facilities of the developmental center are within the division, and under the policy direction of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 6 - Long Term Services and Supports, Aging, and Disabilities › Part 5 - Utah State Developmental Center › Section 504 - Operation, maintenance, and repair of developmental center buildings and grounds.

Effective 5/3/2023
26B-6-504.
Operation, maintenance, and repair of developmental center buildings and grounds.
(1) The division shall operate, maintain, and repair the buildings, grounds, and physical properties of the developmental center. However, the roads and driveways on the grounds of the developmental center shall be maintained by the Department of Transportation.
(2) The division has authority to make improvements to the buildings, grounds, and physical properties of the developmental center, as it deems necessary for the care and safety of the residents.
Renumbered and Amended by Chapter 308, 2023 General Session