No. 43234 (Amendment): Rule R501-8. Outdoor Youth Programs

(Amendment)

DAR File No.: 43234
Filed: 10/04/2018 02:37:50 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of these amendments are to add clarifying language within the administration of outdoor youth programs. Primarily adding a definition of "Outdoor Youth Program" and two items under Section R501-8-4 for compliance.

Summary of the rule or change:

These amendments add a definition for "Outdoor Youth Program" and also adds two items under Section R501-8-4 for compliance purposes, Rule R501-1, General Provisions, and Rule R501-14, Background Screenings.

Statutory or constitutional authorization for this rule:

• Section 62A-7-104
• Section 62A-2-101

Anticipated cost or savings to:

the state budget:

The state will not see a fiscal impact from these amendments. These amendments add clarifications within administration and compliance for outdoor youth programs, both changes are not anticipated to result in a fiscal impact.

local governments:

Local governments will not be impacted by these amendments, as these amendments add clarifications regarding outdoor youth programs.

small businesses:

There are 11 licensed outdoor youth programs operating in Utah. This rule is being updated at the provider group's request in order to better align the definition of "Outdoor Youth Program" with industry standards and billing practices. This definition change is simply clarifying in nature and does not constitute a fiscal impact to any involved parties.

persons other than small businesses, businesses, or local governmental entities:

Persons other than small businesses, businesses, or local government entities are not anticipated to be impacted by these changes, as they are mainly clarifying in nature.

Compliance costs for affected persons:

There are no anticipated compliance costs for any persons. As noted above, these changes are clarifying in nature.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that these proposed amendments will not result in a fiscal impact to small or non-small businesses.

Ann Williamson, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Human Services
Administration, Administrative Services, Licensing
195 N 1950 W 1ST FLR
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Janice Weinman at the above address, by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at [e-mail]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/03/2018

This rule may become effective on:

12/10/2018

Authorized by:

Ann Williamson, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0

Fiscal Benefits

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0

Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 11 licensed Outdoor Youth programs operating in Utah. This rule is being updated at the provider group's request in order to better align the definition of Outdoor Youth with industry standards and billing practices. This definition change is simply clarifying in nature and does not constitute a fiscal impact to any involved parties. Office of Licensing Director, Brett Peterson has reviewed and approved this fiscal analysis.

 

 

R501. Human Services, Administration, Administrative Services, Licensing.

R501-8. Outdoor Youth Programs.

R501-8-3. Definitions.

(1) In addition to terms defined and used in Section 62A-2-101(20), Utah Code:

(a) "Consumer" means the minor being provided the service by the program, not the parent or contracting agent that has enrolled the minor in the program.

(b) "Field Office" means the office where all coordination of field operations take place.

(c) "Administrative Office" means the office where business operations, public relations, and the management procedures take place.

(d) "Outdoor Youth Program means a 24-hour intermediate outdoor group living environment with regular formal therapy including group, individual, and the inclusion of supportive family therapy."

 

R501-8-4. Administration.

(1) In addition to the following standards and procedures, all outdoor youth programs shall comply with R501-2, Core Standards, R501-1 General provisions and R501-14 Background Screenings.

(2) Records of enrollment of all consumers shall be on file at the field office at all times.

(3) Information provided to parents, community, and media shall be accurate and factual.

(4) Programs shall provide an educational component as determined by the Utah State Board of Education for consumers up to 18 years of age who have been removed from their educational opportunities for more than one month. The administrators of the program shall meet and cooperate with the local Board of Education.

(5) Programs which advertise as providing educational credit to consumers shall be approved by the Utah State Board of Education.

(6) The program shall have written procedures for handling any suspected incident of child abuse or Department of Human Services, hereinafter referred to as DHS, Provider Code of Conduct violation, including the following:

(a) a procedure for ensuring that the staff member involved does not work directly with the youth involved or any other youth in the program until the investigation is completed or formal charges filed and adjudicated,

(b) a procedure for ensuring that a director or member of the governing body involved in or suspected of abuse shall be relieved of their responsibility and authority over the policies and activities of the program, or any other youth program, as well as meet the sanctions as described in (a) above, until the investigation is completed or formal charges are filed and adjudicated, and

(c) a procedure for disciplining any staff member or director involved in an incident of child abuse or DHS Provider Code of Conduct violation, including termination of employment if found guilty of felony child abuse, or loss of position, including directorship if found guilty of misdemeanor child abuse.

(7) If any director or person in a management position is involved in or suspected of child abuse or neglect, the program shall submit to an extensive review by DHS or law enforcement officials to determine or establish the continued safe operation or possible termination of the program. The licensing review shall be completed within 72 hours.

(8) Failure to implement and comply with (6)(a) through (c), and (7). above will be grounds for immediate suspension or revocation of program license.

(9) Until charges of abuse, neglect or licensing violations are resolved, no license shall be issued to any program with owners, silent owners, or any staff management personnel that were prior owners or staff management personnel in a program against which the above charges were alleged.

(10) If charges result in a criminal conviction or civil or administrative findings that allegations were true, no license shall be issued to any program with owners, silent owners, or staff management personnel from the prior program.

 

KEY: licensing, human services, youth

Date of Enactment or Last Substantive Amendment: [January 17, 2003]2018

Notice of Continuation: October 4, 2017

Authorizing, and Implemented or Interpreted Law: 62A-2-101 et seq.

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