{"data":{"id":"us-ut/utah-code-26b-2-123","jurisdiction":"us-ut","citation":"Utah Code § 26B-2-123","heading":"Congregate care program regulation.","body":"(1)\n(a) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including:\n(i) a strip search unless the congregate care program determines and documents that a strip search is necessary to protect an individual's health or safety;\n(ii) a body cavity search unless the congregate care program determines and documents that a body cavity search is necessary to protect an individual's health or safety;\n(iii) inducing pain to obtain compliance;\n(iv) hyperextending joints;\n(v) peer restraints;\n(vi) discipline or punishment that is intended to frighten or humiliate;\n(vii) requiring or forcing the child to take an uncomfortable position, including squatting or bending;\n(viii) for the purpose of punishing or humiliating, requiring or forcing the child to repeat physical movements or physical exercises such as running laps or performing push-ups;\n(ix) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;\n(x) denying an essential program service;\n(xi) depriving the child of a meal, water, rest, or opportunity for toileting;\n(xii) denying shelter, clothing, or bedding;\n(xiii) withholding personal interaction, emotional response, or stimulation;\n(xiv) prohibiting the child from entering the residence;\n(xv) abuse as defined in Section 80-1-102; and\n(xvi) neglect as defined in Section 80-1-102.\n(b) A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice.\n(2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall:\n(a) develop and implement written policies and procedures that:\n(i) describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention;\n(ii) describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention;\n(iii) describe procedures for monitoring a child that is restrained or in seclusion;\n(iv) describe time limitations on the use of a restraint or seclusion;\n(v) require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention;\n(vi) require documenting the use of a restraint, seclusion, or emergency safety intervention;\n(vii) describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention;\n(viii) to the extent practicable, require debriefing the following individuals if debriefing would not interfere with an ongoing investigation, violate any law or regulation, or conflict with a child's treatment plan:\n(A) each witness to the event;\n(B) each staff member involved; and\n(C) the child who was restrained or in seclusion;\n(ix) include a procedure for complying with Subsection (5); and\n(x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and\n(b) consult with the office to ensure that the congregate care program's written policies and procedures align with applicable law.\n(3) A congregate care program:\n(a) may use a passive physical restraint only if the passive physical restraint is supported by a nationally or regionally recognized curriculum focused on non-violent interventions and de-escalation techniques;\n(b) may not use a chemical or mechanical restraint unless the office has authorized the congregate care program to use a chemical or mechanical restraint;\n(c) shall ensure that a staff member that uses a restraint on a child is:\n(i) properly trained to use the restraint; and\n(ii) familiar with the child and if the child has a treatment plan, the child's treatment plan; and\n(d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.\n(4)\n(a) A congregate care program:\n(i) may use seclusion if:\n(A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and\n(B) no less restrictive intervention is likely to ensure the safety of the child or others; and\n(ii) may not use seclusion:\n(A) for coercion, retaliation, or humiliation; or\n(B) due to inadequate staffing or for the staff's convenience.\n(b) While a child is in seclusion, a staff member who is familiar to the child shall actively supervise the child for the duration of the seclusion.\n(5) Subject to the office's review and approval, a congregate care program shall develop:\n(a) suicide prevention policies and procedures that describe:\n(i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior;\n(ii) warning signs of suicide;\n(iii) emergency protocol and contacts;\n(iv) training requirements for staff, including suicide prevention training;\n(v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions;\n(vi) suicide risk assessment procedures;\n(vii) documentation requirements for a child's suicide ideation and self-harm;\n(viii) special observation precautions for a child exhibiting warning signs of suicide;\n(ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide;\n(x) a process for tracking suicide behavioral patterns; and\n(xi) a post-intervention plan with identified resources; and\n(b) based on state law and industry best practices, policies and procedures for managing a child's behavior during the child's participation in the congregate care program.\n(6)\n(a) A congregate care program:\n(i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable;\n(ii) shall ensure that the communication described in Subsection (6)(a)(i) complies with the child's treatment plan, if any; and\n(iii) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.\n(b) For the communication described in Subsection (6)(a)(i), a congregate care program may not:\n(i) deny the communication unless state law or a court order prohibits the communication; or\n(ii) modify the frequency or form of the communication unless:\n(A) the office approves the modification; or\n(B) state law or a court order prohibits the frequency or the form of the communication.","path":["Title 26B Utah Health and Human Services Code","Chapter 26B-2 Licensing and Certifications","Part 26B-2-1 Human Services Programs and Facilities"],"source_url":"https://le.utah.gov/xcode/Title26B/Chapter2/26B-2-S123.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"d75a66f3b401e0e92ea8d7bc1da0781954d9ddd01224db6722946317109f5477","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-26b-2-122","next":"us-ut/utah-code-26b-2-124"},"notice":"GroundRules: Original legal text. Not legal advice."}