62A-5-302. Division responsibility. The division is responsible: (1) for the supervision, care, and treatment of persons with an intellectual disability in this state who are committed to the division’s jurisdiction under the provisions of this part; and (2) to evaluate and determine the most appropriate, least restrictive setting for an individual with an intellectual disability. […]
62A-5-305. Residency requirements — Transportation of person to another state. (1) A person with an intellectual disability who has a parent or guardian residing in this state may be admitted to an intermediate care facility for people with an intellectual disability in accordance with the provisions of this part. (2) If a person with an […]
Effective 9/1/2021 62A-5-308. Commitment — Individual who is under 18 years old. (1) The director of the division, or the director’s designee, may commit an individual under 18 years old who has an intellectual disability or symptoms of an intellectual disability, to the division for observation, diagnosis, care, and treatment if that commitment is based […]
Effective 9/1/2021 62A-5-309. Commitment — Individual who is 18 years old or older. (1) The director, or the director’s designee may commit to the division an individual 18 years old or older who has an intellectual disability, for observation, diagnosis, care, and treatment if that commitment is based on: (a) involuntary commitment in accordance with […]
62A-5-310. Involuntary commitment. An individual may not be involuntarily committed to an intermediate care facility for people with an intellectual disability except in accordance with Sections 62A-5-311 and 62A-5-312. Amended by Chapter 366, 2011 General Session
62A-5-311. Temporary emergency commitment — Observation and evaluation. (1) The director of the division or his designee may temporarily commit an individual to the division and therefore, as a matter of course, to an intermediate care facility for people with an intellectual disability for observation and evaluation upon: (a) written application by a responsible person […]
62A-5-312. Involuntary commitment — Procedures — Necessary findings — Periodic review. (1) Any responsible person who has reason to know that an individual is in need of commitment, who has a belief that the individual has an intellectual disability, and who has personal knowledge of the conditions and circumstances supporting that belief, may commence proceedings […]
62A-5-313. Transfer — Procedures. (1) The director of the division, or the director’s designee, may place an involuntarily committed resident in appropriate care or treatment outside the intermediate care facility for people with an intellectual disability. During that placement, the order of commitment shall remain in effect, until the resident is discharged or the order […]
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. […]
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 […]
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 […]
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 […]
