Section 206 – Powers and duties of division.

Effective 5/10/2016
62A-5-206. Powers and duties of division.
The powers and duties of the division, with respect to the developmental center are as follows:

• (1) to establish rules, not inconsistent with law, for the government of the developmental center;

• (2) to establish rules governing the admission and discharge of persons with an intellectual disability in accordance with state law;

• (3) to employ necessary medical and other professional personnel to assist in establishing rules relating to the developmental center and to the treatment and training of persons with an intellectual disability at the center;

• (4) to transfer a person who has been committed to the developmental center under Part 3, Admission to an Intermediate Care Facility for People with an Intellectual Disability, to any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facilities or programs available meet the needs indicated, and if transfer would be in the best interest of that person. A person transferred shall remain under the jurisdiction of the division;

• (5) the developmental center may receive a person who meets the requirements of Subsection 62A-5-201(3) from any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facility or programs of the developmental center meet those needs, and if transfer would be in the best interest of that person. A person so received by the developmental center remains under the jurisdiction of the division;

• (6) to manage funds for a person residing in the developmental center, upon request by that person’s parent or guardian, or upon administrative or court order;

• (7) to charge and collect a fair and equitable fee from developmental center residents, parents who have the ability to pay, or guardians where funds for that purpose are available; and

• (8) supervision and administration of security responsibilities for the developmental center is vested in the division. The executive director may designate, as special function officers, individuals to perform special security functions for the developmental center that require peace officer authority. Those special function officers may not become or be designated as members of the Public Safety Retirement System.

Amended by Chapter 300, 2016 General Session