Health and Human Services

Human Services Program Licensing

Rule 22A: Residential Support Programs, Homeless Facilities

Effective Date: 06/22/2026

Admin. Code Reference: R501-22A

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: CPR (Change in Proposed Rule)

Rule or section number:

R501-22A

Filing ID: 57650

Date of previous publication (only for CPRs):

12/01/2025

Agency Information

1. Title catchline:

Health and Human Services, Human Services Program Licensing

Building:

Multi-Agency State Office Building

Street address:

195 N 1950 W

City, state:

Salt Lake City, UT

Mailing address:

PO Box 142003

City, state and zip:

Salt Lake City, UT 84114-2003

Contact persons:

Name:

Phone:

Email:

Kamille Sheikh

385-227-1290

kamillesheikh@utah.gov

Jada Stelmach

801-230-4296

jstelmach3@utah.gov

Mariah Noble

385-214-1150

mariahnoble@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R501-22A. Residential Support Programs, Homeless Facilities

4. Purpose of the new rule or reason for the change:

Based on feedback received during original filing's public comment period, this change in proposed rule (CPR) updates the proposed new rule, Rule R501-22A, to further clarify health and safety requirements for homeless facilities for Office of Licensing (OL) staff, providers, and the public.

5. Summary of the new rule or change:

This CPR adds policy requirements related to the transportation of any client under Subsection R501-22A-5(4) and provides clarification related to the required provider firearm policy.

This CPR also adds clarity by prohibiting a facility from serving clients outside of the scope of the provider under Subsection R501-22A-6(1), updates the staff supervision ratio for adult clients to one staff for every 40 clients to align with the previous staff supervision ratio included in Rule R501-22 under Subsection R501-22A-7(2)(a), and adds volunteer training requirements to Subsection R501-22A-10(2).

Additionally, this CPR updates the "Direct Access Clearance System" definition to use wording consistent with other OL human services rules, adds a reference to Rule R501-14 in Section R501-22A-3, and clarifies the type of screening required under Subsection R501-22A-8(1)(d).

This CPR also makes style and formatting changes to align with the Rulewriting Manual for Utah and other rules under the department.

(EDITOR'S NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2025, issue of the Utah State Bulletin, on page 180. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike-out indicates text that has been deleted. You must view the CPR and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This CPR is not anticipated to result in any measurable cost or savings to the state budget, as the OL already regulates homeless facility providers through Rule R501-22. The original filing for this new Rule R501-22A was intended to create a rule specific to homeless facilities and include only requirements applicable to this type of residential support program. This CPR clarifies homeless facility requirements, including adjusting the adult supervision ratio back to the ratio in Rule R501-22 and volunteer training requirements left out of the original filing.

However, these additional requirements have already been enforceable under Rule R501-22 and do not introduce any new procedure to the licensing review by OL staff, so they are not anticipated to result in a cost or savings to the state budget.

Other updates in this filing that add references, clarify wording, or make style and formatting changes are not anticipated to change any licensing review procedure or result in a fiscal impact to the state budget.

B. Local governments:

This CPR is not anticipated to impact local governments' revenues or expenditures because homeless facility providers are regulated by OL for basic health and safety requirements and not local governments. There will be no change in local business licensing or any other item with which local government is involved.

Before this proposed standalone rule for homeless facilities, this provider type was already regulated by OL under Rule R501-22. Residential Support Programs, and this CPR to the new proposed rule will add clarification for providers and the public regarding homeless facility requirements, including keeping the same adult supervision ratio as Rule R501-22 and volunteer training requirements.

Updates in this filing that add references, clarify wording, or make style and formatting changes are also not anticipated to change any licensing review procedure or result in any fiscal impact to local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

The original filing for this new Rule R501-22A was intended to create a rule specific to homeless facilities and include only requirements applicable to this type of residential support program.

This CPR clarifies homeless facility requirements, adjusting the adult supervision ratio back to the ratio in Rule R501-22 and including volunteer training requirements left out of the original filing of this new rule but already enforceable under Rule R501-22. Therefore, they are not anticipated to result in a cost or savings to small businesses.

Updates in this filing that add references, clarify wording, or make style and formatting changes are also not anticipated to change any licensing review procedure or result in fiscal impact to small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The original filing for this new Rule R501-22A was intended to create a rule specific to homeless facilities and include only requirements applicable to this type of residential support program.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The original filing for this new Rule R501-22A was intended to create a rule specific to homeless facilities and include only requirements applicable to this type of residential support program.

F. Compliance costs for affected persons:

Affected persons would be the small businesses, non-small businesses, and persons other than small businesses, non-small businesses, state, or local government entities, including nonprofit entities, operating homeless facility services. Additionally, OL, as the regulatory body for health and safety standards for human services providers, is affected by the CPR.

The original filing for this new Rule R501-22A was intended to create a rule specific to homeless facilities and include only requirements applicable to this type of residential support program. This CPR clarifies homeless facility requirements, adjusting the adult supervision ratio back to the ratio in Rule R501-22 and including volunteer training requirements left out of the original filing of this new rule but already enforceable under Rule R501-22. This CPR does not introduce any new procedure to the licensing review by OL staff. Therefore, they are not anticipated to result in compliance costs for affected persons.

Updates in this filing that add references, clarify wording, or make style and formatting changes are also not anticipated to change any licensing review procedure or result in compliance costs for affected persons.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Executive Director of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 26B-2-104

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

05/01/2026

10. This rule change MAY become effective on:

05/08/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

Tracy S. Gruber, Executive Director

Date:

03/15/2026

designee and title:

R501. Health and Human Services, Human Services Program Licensing.

R501-22A. Residential Support Programs, Homeless Facilities.

R501-22A-1. Authority and Purpose.

(1) Section 26B-2-104 authorizes this rule.

(2) This rule provides basic health and safety standards for homeless facility licensure.

R501-22A-2. Definitions.

Terms used in this rule are defined in Section 26B-2-101 and Rule 380-600. Additionally:

(1) "Adult homeless facility" means a facility serving individuals experiencing homelessness who are at least 18 years old.

(2) "Code blue alert" means the same as defined in Section 35A-16-701.

(3) "Code blue event" means the same as defined in Section 35A-16-701.

(4) "Dangerous weather conditions" means any condition that warrants a public warning or alert by the National

Weather Service.

(5) "Direct Access Clearance System" or "DACS" means the online system used by the Office of Background

Processing (OBP), under the Division of Licensing and Background Checks, for processing and monitoring background checks

for any [individual]applicant with direct access to a client in a human services program.

[(5) "Dangerous weather conditions" means any condition that warrants a public warning or alert by the National

Weather Service.

](6) "Direct care staff" means any staff that works directly with a client.

(7) "Emergency facility" means any facility providing immediate, short-term housing to an individual experiencing homelessness, with or without supportive services.

(8) "Family" means individuals related by:

(a) biology;

(b) fictive kinship;

(d) marriage.

(9) "Family homeless facility" means a facility serving families experiencing homelessness with children under the age of 18.

(10) "Homeless facility" means the same as "homeless shelter," as defined in Section 35A-16-701, and includes:

(a) an adult homeless facility, including any facility where multiple individual pods or units are located on the same property and operated by the same organization;

(b) an emergency facility;

(d) a temporary homeless youth facility; and

(e) transitional housing.

(11) "Temporary homeless youth facility" means the same as "temporary homeless youth shelter," as defined in Section 80-5-102.

(12) "Transitional housing" means a facility offering longer-term housing with supportive services to facilitate permanent housing.

R501-22A-3. Scope.

(1) Each homeless facility provider shall comply with any applicable federal, state, or local law, rule, or ordinance, including:

(a) any directive from the Office of Homeless Services, as described in Section 35A-16-201;

(b) Rule R380-80;

(d) Rule R501-14; and

([d]e) this rule.

(2) Each homeless facility provider shall prioritize the safety of an individual needing shelter or services and emphasize transitioning each client into a more permanent housing setting.

R501-22A-4. License Required.

(1) A residential support homeless facility license is required if a provider meets the definition of a residential support program, as defined in Section 26B-2-101, [or]and a homeless facility, as defined in Section 35A-16-701.

(2) In accordance with Subsection 35A-16-703(4), a license is not required for a private, nonprofit, or government entity to provide temporary shelter during, and up to seven days following, a code blue event, as defined in Section 35A-16-701 as long as the facility remains compliant with any local fire and building code and the governing body of the organization approves the use.

(3) Any residential support homeless facility serving youth, ages 13 through 17, shall comply with the additional requirements for a temporary homeless youth facility in Section R501-22A-13.

R501-22A-5. Policies, Procedures, and Safe Practices.

(1) To begin program implementation, a provider must first receive OL approval of policies and procedures, in accordance with Subsection 26B-2-109(2).

(2) The provider shall develop, implement, and comply with safe practices that ensure:

(a) client health, safety, and supervision;

(b) the needs of the client population are met, including needs for food, hydration, laundry, medication, and medical care; and

(3)(a) The provider shall maintain a policy for the prevention, screening, and response to any communicable disease outbreak.

(b) The policy shall include coordination with any appropriate local health authority.

(4) The provider shall develop, implement, and comply with policy that addresses:

(a) assessing each client's physical and mental health needs upon intake;

(b) conflict resolution;

(d) emergency evacuation procedures and conducting drills to ensure each staff knows where to locate emergency exits and assembly points;

(e) identifying any situation requiring medical attention, including using an opioid overdose reversal kit;

(f) nuisance and disruptive behavior;

(g) prohibited items;

(h) responding to significant criminal activity;

(i) responding to a significant medical emergency;

(j) search procedure;

(k) securing personal belongings;

(l) storage and administration of medication, if applicable;

(m) suicide prevention;[ and]

(n) transportation of any client, as applicable; and

([n]o) the management of facility overflow, including:

(i) contacting local authorities, as applicable;

(ii) during dangerous weather conditions;

(iii) when capacity has been reached; and

(iv) during other emergency situations.

(5) The provider shall have a policy on access to a firearm that complies with[:

(a) Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; and

(b) ] Title 53, Chapter 5a, Part 3, Concealed Firearm Permits.

(6) The provider shall have a policy that complies with Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco

Products, and Nicotine Product.

R501-22A-6. Administration.

(1) The provider shall ensure the facility does not take placement of an individual whose needs exceed the scope or

ability of the facility to reasonably manage.

([1]2) Each provider shall identify each key decision maker and service provider associated with the license

application who is accountable for compliance with licensing rules.

([2]3) In conspicuous places where each visitor, staff, and client may see, the provider shall post:

(a) abuse reporting laws, as described in Sections 26B-6-205 and 80-2-609;

(b) an Americans with Disabilities Act notice;

(d) a civil rights notice;

(e) a department code of conduct poster; and

(f) the program license.

([3]4) The provider shall ensure that whenever a client is present, there is a phone available in the facility that can be

used to call 911.

([4]5) The provider shall ensure there is a means to communicate with each client at a facility, including an interpreter

as needed.

([5]6) The provider shall comply with Subsection R380-600-7(16) regarding critical incident reporting.

([6]7) The provider shall maintain compliance with, or documentation of any exemption from, requirements for:

(a) any person preparing meals for any other person at the facility to have a food handler permit;

(b) capacity determinations that:

(i) include each staff and client on the premises; and

(ii) do not exceed the capacity limits placed by local authorities;

(d) licensure and registration of any vehicle used to transport a client.

([7]8) A provider that allows self-serve meals shall ensure that each user of the self-serve kitchen is supervised,

directed, and trained by staff that has a food handler permit.

([8]9) A provider that serves a parent and the parent's child may allow an adult client to maintain full responsibility for

that client's dietary needs and the dietary needs of that client's child if the provider maintains that client's written consent in the client record.

([9]10) A provider that offers meals for a client shall adhere to and document staff training for safe practices that

include:

(a) an allowance for nutritious snacks to be available during restricted hours if the provider restricts access to food and kitchen equipment; and

(b) how to identify and accommodate a client with special dietary needs.

(1[0]1) If a client participates in any meal preparation, the provider shall provide written information to each

participating staff and client of:

(a) menu planning and procedures;

(b) nutrition and sanitation requirements;

(d) the schedule of responsibilities;

(e) rules for sharing self-prepared food; and

(f) shopping and storage responsibilities.

(1[1]2) The provider shall require each client to sign an agreement form at admission acknowledging that:

(a) visitors are allowed on premises to assist with housing, locating housing, religious needs, social needs, the Supplemental Nutrition Assistance Program (SNAP), and other client-specific needs;

(b) participation in any meeting or group with a visitor is voluntary; and

(c) each client signature on the form and voluntary participation in the visitation constitutes the client's invitation to the visitors in the facility.

(1[2]3) A visitor, as described in Subsection (1[1]2), does not include staff.

R501-22A-7. Client Care, Safety, and Supervision.

(1) The provider shall ensure there is 24-hour supervision of any client at the facility.

(2) The provider shall maintain staffing ratios in accordance with the facility type, as described in Subsections (2)(a) through (2)(c).

(a) An adult homeless facility shall ensure there is at least one direct care staff at the facility for every [3]40 adults

during weekday, daytime hours.

(b) A family homeless facility may allow a child's parent or guardian to be responsible for supervising the child if there is at least one staff member present for every five families.

(c) A temporary homeless youth facility shall ensure there is at least one direct care staff member at the facility for every ten clients.

(3)(a) The provider shall ensure that at least one staff member who is on-duty and present with clients has first aid and CPR certification.

(b) Any first aid and CPR certification staff training shall be in-person and hands-on.

(4) An emergency facility may operate above staffing ratios during dangerous weather conditions, on a weekend, or during sleeping hours if the program has:

(a) a documented chain of command for on-call availability;

(b) a surveillance camera system;

(d) other means of back-up support in case of emergency.

(5) In accordance with Subsections 35A-16-703(1) through 35A-16-703(3), an emergency facility provider operating in a county where a code blue alert is in effect may increase capacity by 35% when:

(a) fire code and building code capacities permit the increase; and

(b) procedures are implemented for:

(i) expediting intake; and

(ii) denial of an individual's entry if the facility is at the maximum building capacity or the individual poses a risk to the population.

R501-22A-8. Client Intake.

(1) The provider shall ensure that at client intake, staff addresses and documents:

(a) each client's authorization to obtain emergency care;

(b) each client's dominant language and mode of communication; and

(2) A provider may not admit an individual who is unresponsive or unable to consent to care.

R501-22A-9. Client Records.

(1) The provider shall maintain client records that meet the requirements of the Homeless Management Information System, as defined in Section 35A-16-102.

(2) The provider shall maintain the documentation listed in Subsection (1) for at least 30 days after a client's last facility stay, with the exception of a single-night stay, to reopen the client file if the client returns.

(3)(a) The provider shall ensure each client record includes:

(i) client contact information, including the client's:

(A) name;

(B) date of birth;

(D) entrance date into the facility;

(E) exit date from the facility;

(F) phone number;

(G) last known physical address; and

(H) current email address;

(ii) any emergency contact for the client, including the emergency contact's:

(A) name;

(B) phone number;

(D) current email address;

(iii) any information that could affect the health, safety or wellbeing of the client, including any:

(A) allergy;

(B) chronic condition;

(D) medication needs;

(iv) any grievance or complaint made by or against the client and any action taken by the program to address the grievance or complaint;

(v) any critical incident report involving the client; and

(vi) any signed agreement and consent form for the client to receive services.

(b) If the provider cannot obtain any of the information listed in Subsection (3)(a), the client record shall document the reason why that information is not obtainable.

R501-22A-10. Staff Records and Training.

(1) The provider shall make available and document training for each staff member[ and volunteer] that addresses:

(a) communicable disease outbreak prevention and response, including:

(i) common communicable diseases in the population served;

(ii) immediate steps to take upon disease identification or outbreak suspicion, including isolation protocols and notification to the appropriate local health authority; and

(iii) recognizing signs and symptoms of communicable diseases;

(b) cultural competency;

(d) facility policies and safe practices; and

(e) recognizing and addressing signs of abuse and neglect.

(2) For any facility policy, procedure, and safe practice, the provider shall provide any volunteer:

(a) an initial orientation; and

(b) ongoing training and support.

([2]3) The provider shall ensure each staff record contains:

(a) any certification or qualification relevant to staff providing services to a client;

(b) any grievance or incident records involving staff;

(d) the signed department provider code of conduct form.

R501-22A-11. Background Checks.

(1) OBP shall conduct a human services program background check for each program staff member and volunteer in accordance with Section 26B-2-120 and Rule R501-14, except for:

(a) an individual identified as an invited visitor in accordance with Subsection 26B-2-120(10)(b)(iii); or

(b) a volunteer that does not have direct or unsupervised access to a client.

(2) The provider shall designate an individual who is responsible for:

(a) ensuring and documenting how each applicant is directly supervised for the entirety of that applicant's supervised employment term before receiving the eligible determination;

(b) ensuring an application is submitted in DACS within 14 days of each staff becoming associated with the provider;

(d) maintaining compliance with Rule R501-14;

(e) managing communications with OBP and OL;

(f) monitoring DACS and taking necessary actions when eligibility status changes; and

(g) separating any staff in DACS within five days of that staff:

(i) no longer being associated with the provider; or

(ii) having an ineligible determination status from OBP on a background check with no pending appeal.

(3) The provider shall ensure each direct care staff, contracted staff member, volunteer, and intern has an eligible background check determination before permitting that individual to work unsupervised with a client, except as excluded in Rule R501-14.

R501-22A-12. Physical Facility.

(1) The provider shall ensure that each facility complies with the following bedroom standards:

(a) a capacity determination that includes any staff present in the facility;

(b)(i) a dormitory-style bedroom that meets any square footage and capacity determinations made by the local fire authority;

(ii) if the local fire authority does not identify capacity, the provider shall ensure that in a multiple occupant bedroom, there is at least:

(A) 40 square feet per client, not counting storage space; and

(B) one crib for each child under two years old that does not inhibit access to or from the room;

(i) at least weekly;

(ii) when soiled; and

(iii) before being provided to a different person;

(d) except in a family unit, the sleeping area for a male client shall be separate from the sleeping area for a female client; and

(e) secure storage shall be available for a client's personal belongings.

(2) An emergency facility provider may provide any portable bed, cot, or mat to accommodate fluctuating client volume.

(3) Except as otherwise provided in Subsection (4), the provider shall ensure there is at least one bathroom that is inspected, cleaned, and stocked daily in each facility.

(4) The facility may exceed the bathroom ratio set forth in Subsection (3) if:

(a) each bathroom ratio is approved by the local authority that determines capacity or OL;

(b) each bathroom ratio is specifically designated in any adult-only nightly facility setting;

(d) any individual with a disability has access to at least one locking bathroom or stall; and

(e) accommodations are made to meet the needs of any parent or guardian for bathing, changing, and toileting their child.

(5) The provider shall ensure each facility has adequate ventilation and temperature control, as required by local building code.

(6)(a) The provider may allow family members to share a bathroom.

(b) If the bathroom is shared by more than one family, or children over the age of eight, the provider shall ensure that client privacy is maintained by the child's parent or guardian or staff.

(7)(a) The provider shall maintain any medication and potentially hazardous item on-site in compliance with any legal requirement and consideration of the safety and risk level of the population.

(b) The provider shall keep any medication or hazardous chemical in locked storage when not in active use.

(8) The provider shall maintain a first aid kit at each facility.

R501-22A-13. Additional Requirements for Temporary Homeless Youth Facilities.

(1)(a) A temporary homeless youth facility provider may only serve clients who are younger than 18 years old, except as outlined in Subsection (1)(b).

(b) The provider may offer services to an individual who is 18 through 20 years old if:

(i) the provider maintains a ratio of at least one staff for every ten clients;

(ii) each client who is an adult is placed in age and gender appropriate sleeping quarters separate from the population of clients under 18 years old;

(iii) each client who is an adult remains in the facility voluntarily and is informed of facility rules and the repercussions of criminal behavior as an adult;

(iv) each client, of any age, is assessed by a licensed mental health therapist, as defined in Section 58-60-102, to determine and document whether the client is at imminent risk of self-harm or harming another person; and

(v) each client that is assessed and determined to be at imminent risk of self-harm or harming another person is referred to a program qualified to serve that client.

(2) In addition to the requirements in Subsection R501-22A-5(4), the provider shall develop, implement, and comply with policy that addresses:

(a) the responsibility of any client to supervise that client's own child; and

(b) rules and guidelines for each family or mixed gender clients sharing the same dormitory space or bedroom, including each individualized bedroom assignment.

(3)(a) The provider may admit a client under 18 years old with that client's own biological child.

(b) The provider shall ensure any client admitted with that client's own child has at least 40 square feet of space per person, excluding storage space, in a separately enclosed bedroom that houses only that the client with the client's child.

(4) The provider shall comply with Section 80-5-601 regarding mandatory reporting requirements for harboring a runaway.

(5) The provider shall comply with Section 26B-2-116 to coordinate educational services requirements for each client under 18 years old.

(6) The provider shall coordinate and transition each client under 18 years old to a more appropriate setting when the client cannot remain in the youth setting.

R501-22A-14. Compliance.

(1) Any provider operating within the scope of this rule shall have 60 days from the effective date of this rule to come into compliance with this rule.

(2) Any person who violates this rule may be subject to the penalties in Rule R380-600 and Title 26B, Chapter 2, Part 7, Penalties and Investigations.

KEY: human services, licensing, homeless

Date of Last Change: 202[5]6

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

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