1. (1) A congregate care program provider shall adhere to each requirement of Sections 26B-2-120, 26B-2-123, 26B-2-124, 26B-2-124.1 and Rules R501-1 and R501-14 for any background clearance, policy development, and behavior management practice.
2. (2) Each provider shall ensure at least two direct care staff are on-duty and immediately available.
3. (3) Each provider shall maintain a ratio of at least one staff for every six children.

4. (4) Each provider shall develop, maintain, and adhere to an admissions review process that:

   1. (a) is approved by OL during initial and renewal licensure;
   2. (b) aligns with the admissions criteria described in Section 26B-2-124;

   3. (c) outlines the process for identifying a qualified candidate who can be safely served in the program, including an assessment of each candidate in consideration of:

      1. (i) the candidate's behavior;
      2. (ii) the candidate's diagnosis;
      3. (iii) the candidate's individual situation;
      4. (iv) the candidate's trauma history;
      5. (v) the population and age of each child the provider already serves;
      6. (vi) the physical facility;
      7. (vii) the programming; and
      8. (viii) the ability of current staff to manage the candidate; and
   4. (d) outlines how to identify a child not considered a qualified candidate.

5. (5) The provider shall develop, maintain, and adhere to:

   1. (a) an outline of each behavior or presenting issue that would be a reason for:

      1. (i) declining to classify a candidate as qualified for admission; or
      2. (ii) discharging a current child from the program; and
   2. (b) a statement included in the provider's admissions criteria marketing material that the program does not accept placement of a client whose needs exceed the scope or ability of the program.

6. (6) The provider shall ensure each child record includes:

   1. (a) the child's name, date of birth, and identified gender;
   2. (b) accurate parent or legal guardian contact information;

   3. (c) a list of the child's authorized contact as identified by the child's parent, legal guardian, or sending agency or private agency, including each authorized contact's:

      1. (i) name;
      2. (ii) phone number; and
      3. (iii) relationship to the child;
   4. (d) any signed agreement or consent form; and
   5. (e) any clinical recommendation, if applicable.

7. (7) The provider shall ensure, upon admission, a disruption plan is tailored to each child and includes:

   1. (a) any plausible reason identified in the admissions process for possible discharge or transfer;
   2. (b) an aftercare plan for disruption, which includes any resource available to the child;

   3. (c) a plan for safe transportation, including:

      1. (i) any return to the child's state of origin;
      2. (ii) to the child's parent or legal guardian; or
      3. (iii) to another licensed congregate care program, or higher level of care, as needed;
   4. (d) a signed statement from the child's parent or legal guardian outlining the plan for the child in the event of an unplanned disruption in care;

   5. (e) current emergency contact information of the child's parent or legal guardian, including the parent or legal guardian's:

      1. (i) name;
      2. (ii) address;
      3. (iii) phone number; and
      4. (iv) email address;
   6. (f) each individual responsible for the child's return if placement at the program disrupts; and
   7. (g) a statement acknowledging the program retains jurisdiction and responsibility for the child while the child remains in Utah.
8. (8) Any provider that serves a child who has been placed in a Utah program from outside of Utah shall comply with Title 80, Chapter 2, Part 9, Interstate Compact on Placement of Children.

9. (9) The provider may not solicit or accept payment from, or on behalf of, a child in the program, unless:

   1. (a) the child meets the approved admissions criteria; and
   2. (b) the child's parent or legal guardian has signed a contract for the provider's services.
10. (10) The provider shall develop a suicide prevention plan for each child upon admission, including an initial evaluation and a component to reevaluate the needs of the child and fit within the scope of services provided.
11. (11) The provider shall maintain a phone number to be used for the purposes described in Subsections 26B-2-124(4)(g) through 26B-2-124(4)(h).

12. (12) If a child is in crisis, a congregate care program shall:

    1. (a) comply with Subsection 26B-2-124(6)(a) by notifying the child's parent or guardian as soon as reasonably possible but not later than five hours after the time at which the child's state of crisis first begins; and

    2. (b) make every reasonable effort to connect a child by telephone to an authorized contact who:

       1. (i) attempts to contact the child by calling the program's telephone number described in Subsection (11); and
       2. (ii) is an authorized contact under Subsection (6)(c).
13. (13) The provider shall make every reasonable effort to connect any authorized contact who calls the program in an attempt to contact a child with that child by phone.
14. (14) In conspicuous places where each visitor, staff, and child may see, the provider shall post a congregate care ombudsman notice form, in compliance with each requirement in Subsection 26B-2-124(7)(a).
15. (15) In addition to posting the congregate care ombudsman notice described in Subsection (14), the provider shall ensure each child, the child's parent or legal guardian, OL, and each sending agency or private agency receives a copy of the congregate care ombudsman notice.

KEY: human services, licensing

Date of Last Change: June 22, 2026

Notice of Continuation: February 28, 2025

Authorizing, and Implemented or Interpreted Law: 26B-2-104; 26B-2-124; 26B-2-124.1