The purpose of this filing is to address the health and safety standards and statutory requirements of congregate care programs offering outdoor youth programs, regulated by the Office of Licensing (OL), under the Department of Health and Human Services (department).
The rule changes comply with the rulemaking requirements in Sections 26B-2-124 and 26B-2-124.1, introduced in SB 297 in the 2025 General Session, as well as a renumbering of Section 26B-2-104 to 26B-2-902, enacted through HB 472 passed in the 2026 General Session.
SB 297 (2025) amended Section 26B-2-124 by adding definitions and requirements specific to congregate care program regulation and requiring OL to make rules describing additional mandatory provisions for a disruption plan, suicide prevention plan, objective criteria that a congregate care program shall apply in determining whether a child is in crisis, and how congregate care program shall notify OL when a child begins receiving services.
Based on changes from SB 297 (2025), Section 26B-2-124 also requires OL to make rules defining key terms and establish rules necessary to administer the section.
SB 297 (2025) also enacted Section 26B-2-124.1, which requires OL to adopt rules. Section 26B-2-124.1 establishes the Congregate Care Advisory Committee and, in consultation with this committee, requires OL to adopt by rule a set of applicable minimum safety requirements and make rules to implement and enforce that section.
This section also requires OL to, in consultation with the committee, regulate admissions criteria for congregate care programs and define levels of congregate care. OL and the committee are in the process of developing the standard and intensive levels of congregate care and will update this rule when the levels of congregate care have been determined.
Additionally, this filing will update the style and formatting of this rule to be consistent with other rules in the department and align with the Rulewriting Manual for Utah.
Proposed changes to this rule resulted in a significant amount of markups, making the filing difficult to follow in an amendment format. Therefore, the department determined it is appropriate to organize this filing as a repeal and readopt.