§ 26B-2-123 — Congregate care program regulation.

(1) (1)(a) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including:
(1)(a)(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;
(1)(a)(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;
(1)(a)(iii) inducing pain to obtain compliance;
(1)(a)(iv) hyperextending joints;
(1)(a)(v) peer restraints;
(1)(a)(vi) discipline or punishment that is intended to frighten or humiliate;
(1)(a)(vii) requiring or forcing the child to take an uncomfortable position, including squatting or bending;
(1)(a)(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;
(1)(a)(ix) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;
(1)(a)(x) denying an essential program service;
(1)(a)(xi) depriving the child of a meal, water, rest, or opportunity for toileting;
(1)(a)(xii) denying shelter, clothing, or bedding;
(1)(a)(xiii) withholding personal interaction, emotional response, or stimulation;
(1)(a)(xiv) prohibiting the child from entering the residence;
(1)(a)(xv) abuse as defined in Section 80-1-102; and
(1)(a)(xvi) neglect as defined in Section 80-1-102.
(1)(b) A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice.
(2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall:
(2)(a) develop and implement written policies and procedures that:
(2)(a)(i) describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention;
(2)(a)(ii) describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention;
(2)(a)(iii) describe procedures for monitoring a child that is restrained or in seclusion;
(2)(a)(iv) describe time limitations on the use of a restraint or seclusion;
(2)(a)(v) require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention;
(2)(a)(vi) require documenting the use of a restraint, seclusion, or emergency safety intervention;
(2)(a)(vii) describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention;
(2)(a)(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:
(2)(a)(viii)(A) each witness to the event;
(2)(a)(viii)(B) each staff member involved; and
(2)(a)(viii)(C) the child who was restrained or in seclusion;
(2)(a)(ix) include a procedure for complying with Subsection (5); and
(2)(a)(x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and
(2)(b) consult with the office to ensure that the congregate care program's written policies and procedures align with applicable law.
(3) A congregate care program:
(3)(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;
(3)(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;
(3)(c) shall ensure that a staff member that uses a restraint on a child is:
(3)(c)(i) properly trained to use the restraint; and
(3)(c)(ii) familiar with the child and if the child has a treatment plan, the child's treatment plan; and
(3)(d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.
(4) (4)(a) A congregate care program:
(4)(a)(i) may use seclusion if:
(4)(a)(i)(A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and
(4)(a)(i)(B) no less restrictive intervention is likely to ensure the safety of the child or others; and
(4)(a)(ii) may not use seclusion:
(4)(a)(ii)(A) for coercion, retaliation, or humiliation; or
(4)(a)(ii)(B) due to inadequate staffing or for the staff's convenience.
(4)(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.
(5) Subject to the office's review and approval, a congregate care program shall develop:
(5)(a) suicide prevention policies and procedures that describe:
(5)(a)(i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior;
(5)(a)(ii) warning signs of suicide;
(5)(a)(iii) emergency protocol and contacts;
(5)(a)(iv) training requirements for staff, including suicide prevention training;
(5)(a)(v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions;
(5)(a)(vi) suicide risk assessment procedures;
(5)(a)(vii) documentation requirements for a child's suicide ideation and self-harm;
(5)(a)(viii) special observation precautions for a child exhibiting warning signs of suicide;
(5)(a)(ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide;
(5)(a)(x) a process for tracking suicide behavioral patterns; and
(5)(a)(xi) a post-intervention plan with identified resources; and
(5)(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.
(6) (6)(a) A congregate care program:
(6)(a)(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;
(6)(a)(ii) shall ensure that the communication described in Subsection (6)(a)(i) complies with the child's treatment plan, if any; and
(6)(a)(iii) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.
(6)(b) For the communication described in Subsection (6)(a)(i), a congregate care program may not:
(6)(b)(i) deny the communication unless state law or a court order prohibits the communication; or
(6)(b)(ii) modify the frequency or form of the communication unless:
(6)(b)(ii)(A) the office approves the modification; or
(6)(b)(ii)(B) state law or a court order prohibits the frequency or the form of the communication.

Legislative History

Amended by Chapter 267, 2024 General Session