Section R501-1-7 - Residential Program Additional Administration and Direct Services Requirements(1) A residential program licensee shall additionally: (a) ensure each staff shift list remains current and available to the office upon request;(b) ensure that each shift documents any illness, injury or critical incident and passes it on to the next shift and administration;(c) ensure at least two on-duty staff are present at all times;(d) ensure access to a medical clinic or a medical professional familiar with the program and population served; and(e) provide a separate space for clients who are showing symptoms of an infectious disease.(2) A congregate care program licensee serving youth who have been placed in Utah from outside of Utah shall demonstrate compliance with Section 80-2-9, Interstate Compact on Placement of Children.(3) A congregate care program licensee may allow an individual turning 18 to remain in the program as described in Subsection 26B-2-104(1)(a)(iii) if: (a) the individual remains in the custody of a state entity or the individual was admitted and continuously resided in the program for at least 30 days before the individual's 18th birthday;(b) the licensee has a documented need for the individual to remain in the program;(c) the licensee maintains responsibility for discharge to an appropriate setting when clinically appropriate and no later than the day an individual reaches 19 years of age;(d) the licensee outlines a plan for the protection of younger clients by supervising and separating 18-year-old individuals from youth who are more than two years younger; and(e) the individual signs a consent document outlining:(i) the individual is consenting to remain in the program voluntarily and understands the individual is not required to remain against their will;(ii) that any criminal offenses committed may result in being charged as an adult; and(iii) that if the individual is involved in any critical incidents posing a risk to the health and safety of other program residents they may be discharged from the program.(4) A congregate care program licensee shall ensure weekly confidential communication with family in accordance with Section 26B-2-123 and shall ensure that: (a) the frequency or form of the confidential communication requirement is only modified if the program submits a modification request that demonstrates the following to the office: (i) the program operates in an area of limited or unreliable phone accessibility or coverage;(ii) there is significant risk of harm or danger to client safety by providing youth with unsupervised telephone access;(iii) the licensee offers an alternative that satisfies the requirement of weekly confidential two-way communication; or(vi) extenuating circumstances exist outside the individual treatment plans that are prohibitive to offering voice to voice communication;(b) a parent or guardian authorizes in writing an alternate means of confidential communication when voice to voice is unavailable; and(c) the licensee offers voice to voice confidential communication as soon as it can be safely offered.(5)(a) A modification to voice to voice communication is a program license-specific approval.(b) An individual modification may only be made in accordance with Section 26B-2-123 and requires individualized documentation, or an individualized client treatment plan.(c) A blanket statement or practice applied to every treatment plan may not be used to satisfy the requirement of individualized documentation.(d) A modification plan for confidential communication may not be implemented without written approval from the office.(6)(a) A residential program licensee, excluding a residential treatment program, may allow for client independence and responsibility for their own supplies, food, laundry, or transportation by outlining in writing resources and responsibility for the provision of these items.(b) Each residential program licensee shall assist clients on a limited basis if they are temporarily unable to provide the items or services listed in Subsection R501-1-7(6)(a) for themselves.Utah Admin. Code R501-1-7
Adopted by Utah State Bulletin Number 2017-3, effective 1/17/2017Amended by Utah State Bulletin Number 2018-6, effective 2/23/2018Amended by Utah State Bulletin Number 2019-4, effective 1/17/2019Amended by Utah State Bulletin Number 2022-02, effective 1/6/2022Amended by Utah State Bulletin Number 2022-08, effective 4/5/2022Amended by Utah State Bulletin Number 2023-06, effective 3/2/2023Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023