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

R501-22. Residential Support Programs.

R501-22-1. Authority and Purpose.

(1) Sections 26B-2-104, 26B-2-124, and 26B-2-124.1 authorize this rule.

(2) This rule establishes basic health and safety standards for residential support program licensure.

R501-22-2. Definitions.

Terms used in this rule are defined in Sections 26B-2-101, 26B-2-120, 26B-2-124, 26B-2-124.1 and Rule R380-600. Additionally:

(1)(a) "Child in crisis" means a child who is experiencing a situation where the child's mental health or safety is at immediate risk.

(b) A child in crisis may exhibit extreme behaviors or emotions that require immediate intervention and support, including:

(i) destruction of property;

(ii) engaging in self-injurious behavior;

(iii) experiencing severe aggression, agitation, or hostility;

(iv) expressing suicidal thoughts;

(v) extreme emotional changes including intense anger, irritability, or sadness;

(vi) hallucinating or experiencing delusions; or

(vii) withdrawal or isolation.

(2) "Deemed site" means:

(a) the same as defined in Section 26B-2-110; and

(b) a human services program identified by a single geographic location.

(3) "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 applicant with direct access to a client in a human services program.

(4) "Good standing" means the same as defined in Section 26B-2-110.

(5) "Program" means the same as "program or facility" is defined in Section 26B-2-701.

(6)(a) "Receiving center" means any facility that has received written office approval to allow short-term residential support.

(b) A receiving center is not a secure or lock-down facility.

R501-22-3. Scope.

Each provider shall comply with any applicable federal, state, or local law, rule, or ordinance, including:

(1) Section 26B-2-123;

(2) Section 26B-2-124;

(3) Section 26B-2-124.1;

(4) Rule R380-80;

(5) Rule R380-600;

(6) Rule R500-4;

(7) Rule R501-1;

(8) Rule R501-14; and

(9) this rule.

R501-22-4. Administration.

(1) A provider may offer treatment through a referral or through the provider's own program by voluntary client participation.

(2) Each provider that offers treatment shall obtain the appropriate categorical Department of Health and Human Services (department) license for that treatment.

(3) Each provider serving an individual experiencing homelessness in a setting with a contracted service provider shall identify each key decision maker and service provider that is associated with the license application and accountable for compliance with licensing rules within the licensed setting.

(4) A provider may not require consent to treatment as a condition of admission.

(5) The provider shall provide evidence of ongoing coordination with any appropriate local health authority regarding managing communicable diseases within the licensed setting.

(6) The provider shall train staff regarding:

(a) various types of communicable diseases;

(b) recognizing signs and symptoms of communicable diseases; and

(7) 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

R501-22-5. Staffing.

(1) The provider shall provide 24-hour supervision for any domestic violence facility serving adults.

(2) The provider shall establish and provide safe practices that identify each situation requiring medical attention and a plan to meet the client's medical needs.

R501-22-6. Background Checks.

(1) A program shall submit to OBP a human services program background check for each program staff or 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 action 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, 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.

R501-22-7. Physical Facility.

(1) Except as otherwise provided in this section, each provider shall have at least one bathroom for every ten clients.

(2)(a) A domestic violence facility may allow family members to share a bathroom.

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

(3) The provider shall develop safe practices to identify how to manage emergency overflow if the facility reaches capacity during dangerous weather conditions, which include any condition that warrants a public warning or alert by the National Weather Service under Section 35A-16-702.

(4) The provider shall develop safe practices that allow and encourage each client to have clean linens at least weekly.

(5) Except as outlined in Subsection (10), the provider shall provide each client with clean bedding that is laundered:

(a) at least weekly

(b) when soiled; and

(6) A provider may allow family members to share bedroom space.

(7) The provider shall ensure that any domestic violence facility or family support center complies with the following bedroom standards:

(a) in a multiple occupant bedroom, there shall be at least:

(i) 40 square feet per client, not counting storage space; or

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

(b) any rollaway bed or hide-a-bed may only be used when the 40 square foot space requirement in Subsection (7)(a) is maintained; and

(8) The provider shall ensure that any receiving center complies with the following bedroom standards:

(a) each dormitory-style bedroom shall meet the square footage and capacity determinations made by the local fire authority;

(b) capacity determinations in Subsection (8)(a) include any staff present in the facility;

(c) if the local fire authority does not identify capacity, licensing square footage requirements described in Subsection (7) apply; and

(d) there is a safe practice in place to identify how to manage overflow if the receiving center reaches capacity.

(9) Each provider shall develop, implement, and comply with policy that addresses:

(a) conflict resolution;

(b) daily schedules;

(d) nuisance and disruptive behavior;

(e) prohibited items;

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

(g) securing personal belongings;

(h) the responsibility for each client to supervise that client's own children; and

(i) the search procedure.

(10) Each provider that requires a client to provide that client's own laundry supplies and locate a laundromat for laundering shall have a safe practice to assist any client on a limited basis when that client cannot provide laundry supplies or locate a laundromat.

R501-22-8. Specialized Services for Programs Serving Clients With Substance Use Disorders.

(1) A provider may not admit any client in a coma, experiencing convulsions, shock, delirium tremens, or unconsciousness.

(2) Each provider serving a client with a substance use disorder shall provide evidence of ongoing coordination with any appropriate local health authority regarding managing communicable diseases within the licensed setting.

(3) The provider shall screen each staff and client for risk of tuberculosis.

(4) A licensed substance use disorder treatment program shall maintain documentation of annual completion of the National Survey of Substance Abuse Treatment.

R501-22-9. Specialized Services for Programs Providing Services for Children.

(1) Only a custodial parent, legal guardian, or person designated in writing by a parent or legal guardian may remove a child from a program that provides services for children.

(2) A provider that provides services for children shall maintain a ratio of at least one staff for every six children.

(3) The provider shall provide adequate staff to supervise children or be available to monitor any parent supervising the parent's own child.

R501-22-10. Additional Requirements for Congregate Care Programs.

(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) Each provider shall ensure at least two direct care staff are on-duty and immediately available.

(3) Each provider shall maintain a ratio of at least one staff for every six children.

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

(a) is approved by OL during initial and renewal licensure;

(b) aligns with the admissions criteria described in Section 26B-2-124;

(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:

(i) the candidate's behavior;

(ii) the candidate's diagnosis;

(iii) the candidate's individual situation;

(iv) the candidate's trauma history;

(v) the population and age of each child the provider already serves;

(vi) the physical facility;

(vii) the programming; and

(viii) the ability of current staff to manage the candidate; and

(d) outlines how to identify a child not considered a qualified candidate.

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

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

(i) declining to classify a candidate as qualified for admission; or

(ii) discharging a current child from the program; and

(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) The provider shall ensure each child record includes:

(a) the child's name, date of birth, and identified gender;

(b) accurate parent or legal guardian contact information;

(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:

(i) name;

(ii) phone number; and

(iii) relationship to the child;

(d) any signed agreement or consent form; and

(e) any clinical recommendation, if applicable.

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

(a) any plausible reason identified in the admissions process for possible discharge or transfer;

(b) an aftercare plan for disruption, which includes any resource available to the child;

(i) any return to the child's state of origin;

(ii) to the child's parent or legal guardian; or

(iii) to another licensed congregate care program, or higher level of care, as needed;

(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;

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

(i) name;

(ii) address;

(iii) phone number; and

(iv) email address;

(f) each individual responsible for the child's return if placement at the program disrupts; and

(g) a statement acknowledging the program retains jurisdiction and responsibility for the child while the child remains in Utah.

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

(a) the child meets the approved admissions criteria; and

(b) the child's parent or legal guardian has signed a contract for the provider's services.

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

(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

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

(i) attempts to contact the child by calling the program's telephone number described in Subsection (11); and

(ii) is an authorized contact under Subsection (6)(c).

(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) 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) 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.

R501-22-11. Specialized Services for Domestic Violence Facilities.

(1) The provider shall:

(a) provide to each client domestic violence facility rules, any reason for termination, and the client's rights to confidentiality; and

(b) document that the items in Subsection (1)(a) were provided to each client verbally and in writing.

(2)(a) Each parent is responsible for supervising that parent's own child while at the domestic violence facility.

(b) If the parent is required to be away from the facility or involved in a facility activity without the child, the parent shall arrange for appropriate child care services.

(3) The provider shall ensure that each domestic violence facility action plan documents and includes a review:

(a) with each client regarding danger and lethality and the level of the client's risk of safety assessment;

(b) with each client of the client's safety plan;

(c) with each client of supportive services, including child care, financial assistance, housing assistance, legal assistance, medical care, and self-sufficiency; and

(d) of the procedure for a protective order and a referral for the client to the appropriate agency or clerk of the court authorized to issue the protective order.

(4) The provider shall assist with connecting the client to identified resources.

(5) The provider shall make and document a referral, when indicated in the client record, for client treatment, drug and alcohol treatment, psychiatric consultation, or other allied service.

(6) The provider shall ensure that an experienced and trained domestic violence provider supervises each domestic violence facility staff completing an action plan.

R501-22-12. Specialized Services for Programs Serving Clients of the Division of Services for People with Disabilities.

(1) In accordance with the federal home and community based services (HCBS) settings final rule, defined in Rule R501-1, a program serving clients on an HCBS waiver shall complete and adhere to the residential attestation agreement form and self-assessment survey for each licensed site.

(2) The provider shall maintain current copies of the residential attestation agreement form and self-assessment survey forms in program documentation.

(3) In the event of a conflict between this rule and the settings final rule, the settings final rule shall prevail.

(4) The office shall report any noncompliance of the settings final rule to the department Division of Continuous Quality and Improvement for contract compliance consideration.

R501-22-13. Specialized Services for Receiving Centers.

(1) Each receiving center may be licensed under multiple license types to assess and triage immediate client needs.

(2) A receiving center provider may offer short-term residential support that is intended to mitigate the initial identified issue, stabilize each client, and return each client to the community as quickly and safely as possible.

(3) A receiving center provider shall outline safe practices in consumer agreements regarding how each population will be separated and maintained and any circumstance when an interaction between populations is permitted.

(4) A receiving center provider shall include individualized clinical documentation outlining the ongoing need and anticipated time frame for discharge for each instance when a client's stay lasts longer than 30 days.

(5) A receiving center provider shall ensure that placement in a receiving center is a voluntary alternative that the client chooses instead of a more restrictive placement.

(6) A receiving center may not mandate treatment as a condition of residence.

R501-22-14. Exception to Licensure.

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.

R501-22-15. Requirements for Granting Deemed Status to a Mental Health or Substance Use Disorder Treatment Program Site.

(1) The department may grant deemed status to the site of a mental health or substance use disorder treatment program if:

(a) the provider's license for the site is in good standing;

(b) the site only serves adults;

(d) the provider submits the licensing documentation from the accrediting organization to the department, including any applicable:

(i) inspection record;

(ii) finding; and

(iii) corrective action plan and a progress report on the site addressing any corrective action plan.

(2) A site with deemed status may opt out of a department renewal inspection.

(3) The department may investigate any complaint or incident involving a deemed site.

(4) The provider is responsible for any renewal licensing fee for each deemed site.

(5) The department shall revoke the deemed site status if:

(a) the site receives any moderate, high, or extreme noncompliance licensing violation from department;

(b) the required accreditation documentation is not submitted to the department;

(c) the accreditation documentation includes any noncompliance violation finding equal to any moderate, high, or extreme state licensing finding level; or

(d) the provider no longer receives national accreditation for the deemed site.

(6) For any provider with multiple deemed sites:

(a) each site must meet the requirements to be granted deemed status; and

(b) the revocation of deemed status for any single site does not impact the status of any other site unless any condition listed in Subsection (5) applies to the other site.

R501-22-16. Compliance.

A program 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.

KEY: human services, licensing

Date of Last Change: June 22, 2026