62A-2-102. Purpose of licensure. The purpose of licensing under this chapter is to permit or authorize a public or private agency to provide defined human services programs within statutory and regulatory guidelines. Amended by Chapter 358, 1998 General Session
62A-2-103. Office of Licensing — Appointment — Qualifications of director. (1) There is created the Office of Licensing within the Department of Human Services. The office shall be the licensing authority for the department, and is vested with all the powers, duties, and responsibilities described in this chapter. (2) The executive director shall appoint the […]
Effective 5/5/2021 62A-2-106. Office responsibilities. (1) Subject to the requirements of federal and state law, the office shall: (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish: (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for licensees, that shall be limited to: (A) fire […]
Effective 5/9/2017 62A-2-108. Licensure requirements — Expiration — Renewal. (1) Except as provided in Section 62A-2-110, an individual, agency, firm, corporation, association, or governmental unit acting severally or jointly with any other individual, agency, firm, corporation, association, or governmental unit may not establish, conduct, or maintain a human services program in this state without a […]
Effective 5/14/2019 62A-2-108.1. Coordination of human services and educational services — Licensing of programs — Procedures. (1) As used in this section: (a) “Accredited private school” means a private school that is accredited by an accrediting entity recognized by the Utah State Board of Education. (b) “Education entitled children” means children: (i) subject to compulsory […]
Effective 5/13/2014 62A-2-108.2. Licensing residential treatment programs and recovery residences — Notification of local government. (1) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish categories of residential treatment and recovery residence licenses based on differences in the types of residential treatment programs and recovery […]
Effective 5/10/2016 62A-2-108.4. Request by local government. (1) A local government may request that the office notify the local government of new human services program license applications for human services programs located within the local government’s jurisdiction. (2) Subsection (1) does not apply to foster homes. Enacted by Chapter 342, 2016 General Session
Effective 5/9/2017 62A-2-108.5. Notification requirement for child-placing agencies that provide foster home services — Rulemaking authority. (1) The office shall require a child-placing agency that provides foster home services to notify a foster parent that if the foster parent signs as the responsible adult for a foster child to receive a driver license under Section […]
Effective 9/1/2022 62A-2-108.6. Child placing licensure requirements — Prohibited acts. (1) As used in this section: (a) (i) “Advertisement” means any written, oral, or graphic statement or representation made in connection with a solicitation of business. (ii) “Advertisement” includes a statement or representation described in Subsection (1)(a)(i) by a noncable television system, radio, printed brochure, […]
Effective 9/1/2021 62A-2-108.8. Residential support program — Temporary homeless youth shelter. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules that establish age-appropriate and gender-appropriate sleeping quarters in temporary homeless youth shelters, as defined in Section 80-5-102, that provide overnight shelter to minors. Amended by Chapter 262, 2021 […]
62A-2-109. License application — Classification of information. (1) An application for a license under this chapter shall be made to the office and shall contain information that is necessary to comply with approved rules. (2) Information received by the office through reports and inspections shall be classified in accordance with Title 63G, Chapter 2, Government […]
62A-2-110. Exclusions from chapter. The provisions of this chapter do not apply to: (1) a facility or program owned or operated by an agency of the United States government; (2) a facility or program operated by or under an exclusive contract with the Department of Corrections; (3) unless required otherwise by a contract with the […]
62A-2-111. Adjudicative proceedings. (1) Whenever the office has reason to believe that a licensee is in violation of this chapter or rules made under this chapter, the office may commence adjudicative proceedings to determine the legal rights of the licensee by serving notice of agency action in accordance with Title 63G, Chapter 4, Administrative Procedures […]
Effective 5/5/2021 62A-2-112. Violations — Penalties. (1) As used in this section, “health care provider” means a person licensed to provide health care services under this chapter. (2) The office may deny, place conditions on, suspend, or revoke a human services license, if it finds, related to the human services program: (a) that there has […]
Effective 5/8/2018 62A-2-113. License revocation — Suspension. (1) If a license is revoked, the office may not grant a new license unless: (a) the human services program provides satisfactory evidence to the office that the conditions upon which revocation was based have been corrected; (b) the human services program is inspected by the office and […]
62A-2-115. Injunctive relief and other legal procedures. In addition to, and notwithstanding, any other remedy provided by law the department may, in a manner provided by law and upon the advice of the attorney general, who shall represent the department in the proceedings, maintain an action in the name of the state for injunction or […]
Effective 9/1/2022 62A-2-115.1. Injunctive relief and civil penalty for unlawful child placing — Enforcement by county attorney or attorney general. (1) The office or another interested person may commence an action in district court to enjoin any person, agency, firm, corporation, or association from violating Section 62A-2-108.6. (2) The office shall: (a) solicit information from […]
Effective 9/1/2022 62A-2-115.2. Child-placing agency proof of authority in a proceeding. A child-placing agency is not required to present the child-placing agency’s license issued under this chapter, the child placing agency’s certificate of incorporation, or proof of the child-placing agency’s authority to consent to adoption, as proof of the child-placing agency’s authority in any proceeding […]
Effective 5/4/2022 62A-2-116. Violation — Criminal penalties. (1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a human services program in violation of this chapter is guilty of a class A misdemeanor if the violation endangers or harms the health, welfare, or safety of persons participating in that program. (b) Conviction in […]
Effective 5/9/2017 62A-2-116.5. Numerical limit of foster children in a foster home. (1) Except as provided in Subsection (2) or (3), no more than: (a) four foster children may reside in the foster home of a licensed foster parent; or (b) three foster children may reside in the foster home of a certified foster parent. […]
