Enrolled Copy H.B. 451
1 FOSTER CARE AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephanie Gricius Senate Sponsor: Wayne A. Harper
2
3 LONG TITLE
4 General Description:
5 This bill addresses licensing related to foster care.
6 Highlighted Provisions:
7 This bill:
8 ▸ defines terms;
9 ▸ provides that a short-term relief care provider who meets certain requirements is not
10 required to be licensed as a human services program;
11 ▸ requires the Office of Licensing and the Division of Child and Family Services
12 (division) within the Department of Health and Human Services to cooperate in taking action
13 on a foster home license when a caseworker from the division identifies a safety concern in the
14 home;
15 ▸ amends provisions concerning administrative inspections of foster homes;
16 ▸ provides that certain foster home licenses are good for three years, with certain
17 conditions;
18 ▸ requires that a foster license include the name of all foster parents in the home;
19 ▸ amends the administrative inspection requirements for a licensed foster home; and
20 ▸ makes technical and conforming changes.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 26B-2-101, as last amended by Laws of Utah 2023, Chapter 305
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28 26B-2-104, as renumbered and amended by Laws of Utah 2023, Chapter 305
29 26B-2-105, as renumbered and amended by Laws of Utah 2023, Chapter 305
30 26B-2-107, as renumbered and amended by Laws of Utah 2023, Chapter 305
31 26B-2-120, as last amended by Laws of Utah 2023, Chapter 344 and renumbered and
32 amended by Laws of Utah 2023, Chapter 305
33 80-2-301, as last amended by Laws of Utah 2023, Chapter 280
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 26B-2-101 is amended to read:
37 26B-2-101 . Definitions.
38 As used in this part:
39 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
40 (2) "Adult day care" means nonresidential care and supervision:
41 (a) for three or more adults for at least four but less than 24 hours a day; and
42 (b) that meets the needs of functionally impaired adults through a comprehensive
43 program that provides a variety of health, social, recreational, and related support
44 services in a protective setting.
45 (3) "Applicant" means a person that applies for an initial license or a license renewal under
46 this part.
47 (4) (a) "Associated with the licensee" means that an individual is:
48 (i) affiliated with a licensee as an owner, director, member of the governing body,
49 employee, agent, provider of care, department contractor, or volunteer; or
50 (ii) applying to become affiliated with a licensee in a capacity described in
51 Subsection (4)(a)(i).
52 (b) "Associated with the licensee" does not include:
53 (i) service on the following bodies, unless that service includes direct access to a
54 child or a vulnerable adult:
55 (A) a local mental health authority described in Section 17-43-301;
56 (B) a local substance abuse authority described in Section 17-43-201; or
57 (C) a board of an organization operating under a contract to provide mental health
58 or substance use programs, or services for the local mental health authority or
59 substance abuse authority; or
60 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly
61 supervised at all times.
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62 (5) (a) "Boarding school" means a private school that:
63 (i) uses a regionally accredited education program;
64 (ii) provides a residence to the school's students:
65 (A) for the purpose of enabling the school's students to attend classes at the
66 school; and
67 (B) as an ancillary service to educating the students at the school;
68 (iii) has the primary purpose of providing the school's students with an education, as
69 defined in Subsection (5)(b)(i); and
70 (iv) (A) does not provide the treatment or services described in Subsection (38)(a);
71 or
72 (B) provides the treatment or services described in Subsection (38)(a) on a limited
73 basis, as described in Subsection (5)(b)(ii).
74 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
75 one or more grades from kindergarten through grade 12.
76 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment
77 or services described in Subsection (38)(a) on a limited basis if:
78 (A) the treatment or services described in Subsection (38)(a) are provided only as
79 an incidental service to a student; and
80 (B) the school does not:
81 (I) specifically solicit a student for the purpose of providing the treatment or
82 services described in Subsection (38)(a); or
83 (II) have a primary purpose of providing the treatment or services described in
84 Subsection (38)(a).
85 (c) "Boarding school" does not include a therapeutic school.
86 (6) "Child" means an individual under 18 years old.
87 (7) "Child placing" means receiving, accepting, or providing custody or care for any child,
88 temporarily or permanently, for the purpose of:
89 (a) finding a person to adopt the child;
90 (b) placing the child in a home for adoption; or
91 (c) foster home placement.
92 (8) "Child-placing agency" means a person that engages in child placing.
93 (9) "Client" means an individual who receives or has received services from a licensee.
94 (10) (a) "Congregate care program" means any of the following that provide services to
95 a child:
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96 (i) an outdoor youth program;
97 (ii) a residential support program;
98 (iii) a residential treatment program; or
99 (iv) a therapeutic school.
100 (b) "Congregate care program" does not include a human services program that:
101 (i) is licensed to serve adults; and
102 (ii) is approved by the office to service a child for a limited time.
103 (11) "Day treatment" means specialized treatment that is provided to:
104 (a) a client less than 24 hours a day; and
105 (b) four or more persons who:
106 (i) are unrelated to the owner or provider; and
107 (ii) have emotional, psychological, developmental, physical, or behavioral
108 dysfunctions, impairments, or chemical dependencies.
109 (12) "Department contractor" means an individual who:
110 (a) provides services under a contract with the department; and
111 (b) due to the contract with the department, has or will likely have direct access to a
112 child or vulnerable adult.
113 (13) "Direct access" means that an individual has, or likely will have:
114 (a) contact with or access to a child or vulnerable adult that provides the individual with
115 an opportunity for personal communication or touch; or
116 (b) an opportunity to view medical, financial, or other confidential personal identifying
117 information of the child, the child's parents or legal guardians, or the vulnerable adult.
118 (14) "Directly supervised" means that an individual is being supervised under the
119 uninterrupted visual and auditory surveillance of another individual who has a current
120 background screening approval issued by the office.
121 (15) "Director" means the director of the office.
122 (16) "Domestic violence" means the same as that term is defined in Section 77-36-1.
123 (17) "Domestic violence treatment program" means a nonresidential program designed to
124 provide psychological treatment and educational services to perpetrators and victims of
125 domestic violence.
126 (18) "Elder adult" means a person 65 years old or older.
127 (19) "Foster home" means a residence that is licensed or certified by the office for the
128 full-time substitute care of a child.
129 (20) "Health benefit plan" means the same as that term is defined in Section 31A-22-634.
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130 (21) "Health care provider" means the same as that term is defined in Section 78B-3-403.
131 (22) "Health insurer" means the same as that term is defined in Section 31A-22-615.5.
132 (23) (a) "Human services program" means:
133 (i) a foster home;
134 (ii) a therapeutic school;
135 (iii) a youth program;
136 (iv) an outdoor youth program;
137 (v) a residential treatment program;
138 (vi) a residential support program;
139 (vii) a resource family home;
140 (viii) a recovery residence; or
141 (ix) a facility or program that provides:
142 (A) adult day care;
143 (B) day treatment;
144 (C) outpatient treatment;
145 (D) domestic violence treatment;
146 (E) child-placing services;
147 (F) social detoxification; or
148 (G) any other human services that are required by contract with the department to
149 be licensed with the department.
150 (b) "Human services program" does not include:
151 (i) a boarding school; [or]
152 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102[.] ;
153 or
154 (iii) a short-term relief care provider.
155 (24) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
156 (25) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
157 (26) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
158 (27) "Intermediate secure treatment" means 24-hour specialized residential treatment or
159 care for an individual who:
160 (a) cannot live independently or in a less restrictive environment; and
161 (b) requires, without the individual's consent or control, the use of locked doors to care
162 for the individual.
163 (28) "Licensee" means an individual or a human services program licensed by the office.
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164 (29) "Local government" means a city, town, metro township, or county.
165 (30) "Minor" means child.
166 (31) "Office" means the Office of Licensing within the department.
167 (32) "Outdoor youth program" means a program that provides:
168 (a) services to a child that has:
169 (i) a chemical dependency; or
170 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
171 physical, or behavioral;
172 (b) a 24-hour outdoor group living environment; and
173 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
174 (ii) informal therapy or similar services, including wilderness therapy, adventure
175 therapy, or outdoor behavioral healthcare.
176 (33) "Outpatient treatment" means individual, family, or group therapy or counseling
177 designed to improve and enhance social or psychological functioning for those whose
178 physical and emotional status allows them to continue functioning in their usual living
179 environment.
180 (34) "Practice group" or "group practice" means two or more health care providers legally
181 organized as a partnership, professional corporation, or similar association, for which:
182 (a) substantially all of the services of the health care providers who are members of the
183 group are provided through the group and are billed in the name of the group and
184 amounts received are treated as receipts of the group; and
185 (b) the overhead expenses of and the income from the practice are distributed in
186 accordance with methods previously determined by members of the group.
187 (35) "Private-placement child" means a child whose parent or guardian enters into a
188 contract with a congregate care program for the child to receive services.
189 (36) (a) "Recovery residence" means a home, residence, or facility that meets at least
190 two of the following requirements:
191 (i) provides a supervised living environment for individuals recovering from a
192 substance use disorder;
193 (ii) provides a living environment in which more than half of the individuals in the
194 residence are recovering from a substance use disorder;
195 (iii) provides or arranges for residents to receive services related to the resident's
196 recovery from a substance use disorder, either on or off site;
197 (iv) is held out as a living environment in which individuals recovering from
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198 substance abuse disorders live together to encourage continued sobriety; or
199 (v) (A) receives public funding; or
200 (B) is run as a business venture, either for-profit or not-for-profit.
201 (b) "Recovery residence" does not mean:
202 (i) a residential treatment program;
203 (ii) residential support program; or
204 (iii) a home, residence, or facility, in which:
205 (A) residents, by a majority vote of the residents, establish, implement, and
206 enforce policies governing the living environment, including the manner in
207 which applications for residence are approved and the manner in which
208 residents are expelled;
209 (B) residents equitably share rent and housing-related expenses; and
210 (C) a landlord, owner, or operator does not receive compensation, other than fair
211 market rental income, for establishing, implementing, or enforcing policies
212 governing the living environment.
213 (37) "Regular business hours" means:
214 (a) the hours during which services of any kind are provided to a client; or
215 (b) the hours during which a client is present at the facility of a licensee.
216 (38) (a) "Residential support program" means a program that arranges for or provides
217 the necessities of life as a protective service to individuals or families who have a
218 disability or who are experiencing a dislocation or emergency that prevents them
219 from providing these services for themselves or their families.
220 (b) "Residential support program" includes a program that provides a supervised living
221 environment for individuals with dysfunctions or impairments that are:
222 (i) emotional;
223 (ii) psychological;
224 (iii) developmental; or
225 (iv) behavioral.
226 (c) Treatment is not a necessary component of a residential support program.
227 (d) "Residential support program" does not include:
228 (i) a recovery residence; or
229 (ii) a program that provides residential services that are performed:
230 (A) exclusively under contract with the department and provided to individuals
231 through the Division of Services for People with Disabilities; or
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232 (B) in a facility that serves fewer than four individuals.
233 (39) (a) "Residential treatment" means a 24-hour group living environment for four or
234 more individuals unrelated to the owner or provider that offers room or board and
235 specialized treatment, behavior modification, rehabilitation, discipline, emotional
236 growth, or habilitation services for persons with emotional, psychological,
237 developmental, or behavioral dysfunctions, impairments, or chemical dependencies.
238 (b) "Residential treatment" does not include a:
239 (i) boarding school;
240 (ii) foster home; or
241 (iii) recovery residence.
242 (40) "Residential treatment program" means a program or facility that provid