Section 504 – Investigation of complaints — Procedures — Rulemaking.
Effective 5/4/2022 62A-5-504. Investigation of complaints — Procedures — Rulemaking. (1) Except as provided in Subsection (3), the ombudsman shall, upon receipt of a complaint, investigate the complaint. (2) An ombudsman’s investigation of a complaint may include: (a) a referral to a governmental entity or other services; (b) the collection of facts, information, or documentation; […]
Section 505 – Confidentiality of materials relating to complaints or investigations — Rulemaking.
Effective 5/4/2022 62A-5-505. Confidentiality of materials relating to complaints or investigations — Rulemaking. (1) The division shall establish procedures by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the ombudsman is disclosed only at the discretion of and under the authority of the […]
Section 402 – Scope of services — Principles.
62A-5-402. Scope of services — Principles. (1) (a) To enable a person with a disability and the person’s family to select services and supports that best suit their needs and preferences, the division shall, within appropriations from the Legislature, provide services and supports under this part by giving direct financial assistance to the parent or […]
Section 403 – Services for persons under 11 years of age.
62A-5-403. Services for persons under 11 years of age. (1) Except as provided in Subsection (2), after June 30, 1996, the division may not provide residential services to persons with disabilities who are under 11 years of age. (2) The prohibition of Subsection (1) does not include residential services that are provided: (a) for persons […]
Section 502 – Disability ombudsman — Purpose — Appointment — Qualifications — Staff.
Effective 5/4/2022 62A-5-502. Disability ombudsman — Purpose — Appointment — Qualifications — Staff. (1) There is created within the division the position of disability ombudsman for the purpose of promoting, advocating, and ensuring the rights and privileges of an individual with a disability are upheld. (2) The director shall appoint an ombudsman who has: (a) […]
Section 503 – Powers and duties of ombudsman.
Effective 5/4/2022 62A-5-503. Powers and duties of ombudsman. The ombudsman shall: (1) develop and maintain expertise in laws and policies governing the rights and privileges of an individual with a disability; (2) provide training and information to private citizens, civic groups, governmental entities, and other interested parties across the state regarding: (a) the role and […]
Section 315 – Petition for reexamination.
62A-5-315. Petition for reexamination. (1) A resident committed under Section 62A-5-312, or his parent, spouse, legal guardian, relative, or attorney, may file a petition for reexamination with the district court of the county in which the resident is domiciled or detained. (2) Upon receipt of that petition, the court shall conduct proceedings under Section 62A-5-312. […]
Section 316 – Temporary detention.
62A-5-316. Temporary detention. Pending removal to an intermediate care facility for people with an intellectual disability, an individual taken into custody or ordered to be committed under this part may be detained in the individual’s home, or in some other suitable facility. The individual shall not, however, be detained in a nonmedical facility used for […]
Section 317 – Authority to transfer resident.
62A-5-317. Authority to transfer resident. (1) The administrator of an intermediate care facility for people with an intellectual disability, or the administrator’s designee, may transfer or authorize the transfer of a resident to another intermediate care facility for people with an intellectual disability if, before the transfer, the administrator conducts a careful evaluation of the […]
Section 318 – Involuntary treatment with medication — Committee — Findings.
62A-5-318. Involuntary treatment with medication — Committee — Findings. (1) If, after commitment, a resident elects to refuse treatment with medication, the director, the administrator of the intermediate care facility for people with an intellectual disability, or a designee, shall submit documentation regarding the resident’s proposed treatment to a committee composed of: (a) a licensed […]