No. 41482 (Repeal): Rule R501-17. Adult Foster Care  

  • (Repeal)

    DAR File No.: 41482
    Filed: 04/18/2017 08:17:44 AM

    RULE ANALYSIS

    Purpose of the rule or reason for the change:

    There is nothing in licensing statute that defines this as a human service program, and there are currently no licenses of this type issued. There is also no legislative fee associated with this human services program. After consulting with Aging and Adult Services and Division of Services for People with Disabilities, it is determined that this rule is simply no longer needed or used.

    Summary of the rule or change:

    This rule is no longer used. Therefore, this rule is repealed in its entirety.

    Statutory or constitutional authorization for this rule:

    • Title 62A, Chapter 2

    Anticipated cost or savings to:

    the state budget:

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

    local governments:

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

    small businesses:

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

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

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

    Compliance costs for affected persons:

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

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

    There is no financial impact as there are no issued licenses of this kind by our agency, no statutory references, and no legislatively-approved fees related to this license. Repealing this changes nothing for anyone.

    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:

    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:

    06/14/2017

    This rule may become effective on:

    06/21/2017

    Authorized by:

    Diane Moore, Director

    RULE TEXT

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

    [R501-17. Adult Foster Care.

    R501-17-1. Authority and Purpose.

    Pursuant to 62A-2-101 et seq., the purpose of this rule is to define standards and procedures by which the Office of Licensing, hereinafter referred to as Office, shall license adult foster care.

     

    R501-17-2. Objective.

    A. These standards are to establish the minimum requirements for licensure of all Department of Human Services, hereinafter referred to as DHS, adult foster care homes.

    B. Adult foster care services are provided pursuant to the Division of Aging and Adult Services, hereinafter referred to as DAAS, according to 62A-3-104(2)a.

     

    R501-17-3. Definition.

    "Adult foster care" means the provision of care in homes which are conducive to the physical, social, emotional and mental health of disabled or elderly adults who are temporarily unable to remain in their own homes due to abuse, neglect or exploitation as defined in 62A-3-301.

     

    R501-17-4. License Procedure.

    Any adult may apply to DAAS or the Office to become an adult foster care provider. The applicant will be provided with an application, a copy of rules and advised of licensing requirements and procedure. The applicant must meet the requirements for a license and for a DAAS contract.

     

    R501-17-5. Adult Foster Care Provider and Family Requirements.

    A. Personal characteristics of adult foster care provider and family, at a minimum, shall be as follows:

    1. Provider shall be in good health and able to provide physical and emotional care to the consumer.

    a. Provider shall have a physical examination by a medical practitioner at initial licensing.

    b. Provider shall self-certify his or her personal physical condition annually.

    2. Provider shall be an emotionally stable and responsible person 21 years of age or older. Both legally married couples and single individuals, may be adult foster providers.

    3. Provider shall have sufficient income to maintain the family and shall not depend solely on the foster care payment.

    4. DAAS employees shall not be approved as foster providers. In emergency situations an employee may provide care with approval of the DAAS Regional Director.

    5. A provider must follow Office rules and DAAS rules and work cooperatively with the Office, DAAS, State, Court, and law enforcement officials.

    6. A provider shall read, sign and follow the current DHS Provider Code of Conduct.

    7. A provider shall comply with the requirements of R501-14 and R501-18.

    B. Family Composition and Consumer Placement:

    1. The number, ages, and gender of persons in the home shall be taken into account as they may be affected by or have an affect upon the adult.

    2. Provider shall have no more than six children, including the provider's children under 18 years of age, living in the home.

    3. No more than two children under two years of age, shall reside in an adult foster home, including natural children.

    4. No more than three unrelated adults shall be placed in the home. Composition may be flexible and consider the needs of each adult and the family or provider.

    5. No other programs providing care for children, youth or adults shall operate out of the same home.

     

    R501-17-6. Physical Aspects of Home.

    A. The adult foster home shall be located where school, church, recreation, and other community facilities are available or accessible through arranged transportation.

    B. The physical facilities of the adult foster home shall be clean, in good repair, and provide for normal comforts in accordance with accepted community standards.

    C. The adult foster home shall be free from health and fire hazards.

    1. The adult foster home shall have at least one smoke detector on each floor.

    2. The adult foster home shall have at least one approved fire extinguisher. The extinguisher shall be serviced annually.

    3. The adult foster home shall have at least one adequately supplied first aid kit.

    D. There shall be sufficient bedroom space in accordance with the following:

    1. rooms are not shared by consumers of the opposite sex, and

    2. each consumer shall have his or her own bed none of which shall be portable. Beds shall be solidly constructed, and provided with clean linens at least weekly or when soiled.

    3. Bedrooms shall have a source of natural light, and shall be ventilated by mechanical means or equipped with a screened window that opens.

    4. Closet and dresser space shall be provided within the bedroom for the consumer's personal possessions and for a reasonable degree of privacy.

    E. Building and grounds:

    1. There shall be adequate indoor and outdoor space for recreational activities.

    2. All indoor and outdoor areas shall be maintained in a safe and sanitary condition.

    3. Areas determined to be unsafe, including steep grades, cliffs, open pits, swimming pools, high voltage boosters, or high speed roads, shall be fenced off or have natural barriers.

    F. Equipment:

    1. All furniture and equipment shall be maintained in a safe and sanitary condition.

    2. Furniture and equipment shall be of sufficient quantity, variety, and quality to meet individual consumer needs.

     

    R501-17-7. Nutrition.

    A. Daily meals and snacks shall meet the component, quality, and quantity of the Recommended Daily Allowance for adults.

    B. The provider shall provide for specialized diet needs as required by the consumer.

    C. Sanitary drinking water shall be available at all times.

     

    R501-17-8. Emergency Plans.

    A. Provider shall have a written plan of action for emergencies and disasters to include the following:

    1. evacuation with a pre-arranged site for relocation,

    2. transportation and relocation of consumers when necessary,

    3. supervision of consumers after evacuation or relocation, and

    4. notification of appropriate authorities.

    B. Provider shall have a written plan for medical emergencies with arrangements for medical transportation and care.

    C. In case of emergency the provider shall notify the emergency contact person or appropriate authorities.

    D. Provider shall notify the consumer's physician and DHS worker of any accidents or injuries which require medical treatment.

    E. Other non-medical emergencies shall be reported to the appropriate authorities.

    F. The provider shall immediately report any serious illness, injury or death of a consumer to the DAAS Regional office.

     

    R501-17-9. Infectious Disease.

    A. The provider shall have policies and procedures designed to prevent or control infectious and communicable diseases in the home.

    B. The provider shall receive training in the control of infectious diseases that meet Department of Health criteria.

     

    R501-17-10. Medication.

    A. Consumers shall be responsible for administering their own medication.

    B. All adult household members responsible for medications shall keep them in a safe and proper place.

    C. Medication shall not be discontinued without the approval of the physician. Unusual reactions or side effects shall be reported to the physician.

    D. Medication shall not be used for behavior management or restraint unless prescribed by a physician with notification to the DAAS worker.

     

    R501-17-11. Transportation.

    A. The provider shall provide or arrange necessary transportation.

    B. Transportation shall be provided according to state safety requirements.

    C. Drivers of vehicles shall have a valid Utah drivers license and observe Utah State driving regulations.

    D. Transportation shall be provided in vehicles which have current registration and safety inspection.

    E. There shall be a means of transportation in case of emergency.

    F. Each vehicle shall be equipped with an adequately supplied first aid kit and an emergency list which includes the names of occupants and the name, telephone number and address of the provider.

     

    R501-17-12. Behavior Management.

    A. The provider shall provide appropriate supervision at all times.

    B. The provider shall not use, nor permit the use of corporal punishment, physical or chemical restraint, infliction of bodily harm or discomfort, deprivation of meals, refuse rest or visits with family, humiliating or frightening methods to control the actions of consumers.

    C. The provider shall inform the DAAS worker of any extreme or repeated behavioral problems.

     

    R501-17-13. Consumer Rights in Adult Foster Care.

    A. A description of the consumer's rights and responsibilities shall be provided and explained when the adult is admitted to the home. When appropriate, the adult shall be informed verbally of this policy to his or her understanding.

    B. The provider shall adhere to the following:

    1. allow the consumer to eat meals with the family, and allow the consumer to eat the same food as the family unless the consumer has a special prescribed diet,

    2. allow the consumer to participate in family activities,

    3. protect confidentiality of information,

    4. not make copies of consumer records,

    5. explain consumer responsibilities, including household tasks, privileges, and rules of conduct,

    6. not allow discrimination,

    7. treat the consumer with dignity,

    8. allow the right to communicate with family, attorney, physician, clergyman, and others, except where documented to be clinically contraindicated,

    9. have a list of people whose visitation rights have been restricted by legal guardian or DAAS worker,

    10. allow the right to send and receive mail, and

    11. allow the consumer to manage his or her own fiscal affairs, unless the consumer has an approved representative, i.e., conservator to assist them with the management of his or her money.

     

    R501-17-14. Record Keeping.

    A. The provider shall maintain the following:

    1. current license certificate,

    2. copy of contracts with DAAS,

    3. medical report, Form ASP19, and

    4. documentation of training.

    B. The provider shall maintain a file for each consumer, to include the following:

    1. biographical information including a current emergency contact name and telephone number,

    2. documentation of each consumer to include the following:

    a. physical, visual, and dental examinations,

    b. emergencies requiring medical treatment,

    c. medication, when applicable, and

    d. record of significant expenditures for the consumer.

     

    KEY: licensing, human services

    Date of Enactment or Last Substantive Amendment: January 16, 2001

    Notice of Continuation: October 18, 2012

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


Document Information

Effective Date:
6/21/2017
Publication Date:
05/15/2017
Type:
Notices of Proposed Rules
Filed Date:
04/18/2017
Agencies:
Human Services, Administration, Administrative Services, Licensing
Rulemaking Authority:

Title 62A, Chapter 2

Authorized By:
Diane Moore, Director
DAR File No.:
41482
Summary:

This rule is no longer used. Therefore, this rule is repealed in its entirety.

CodeNo:
R501-17
CodeName:
{1215|R501-17|R501-17. Adult Foster Care.}
Link Address:
Human ServicesAdministration, Administrative Services, Licensing195 N 1950 W 1ST FLRSALT LAKE CITY, UT 84116
Link Way:

Julene Robbins, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov

Diane Moore, by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov

Janice Weinman, by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov

AdditionalInfo:
More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). Text ...
Related Chapter/Rule NO.: (1)
R501-17. Adult Foster Care.