R523-2-13. Determining the Proper LMHA Under Special Situations

  (1) In the following special situations, the proper LMHA will be determined as follows:

  (a) Homeless: Individuals who are homeless and in need of Hospital admission shall be the responsibility of the LMHA in which the individual came to the attention of local emergency services. If from out of state, the individual shall be referred to the LMHA where the individual was identified as mentally ill and in need of services.

  (b) Children and Adolescent Patients: Children and Adolescents in state custody shall be referred to the LMHA in which they resided prior to their custody being changed to the Division of Child and Family Services or the Division of Juvenile Justice Services.

  (c) Forensic Patients: When a forensic patient, placed at the Hospital pursuant to criminal adjudication as set forth in Utah Code Section 62A-15-902, and is determined to meet criteria for civil commitment, the patient shall be committed to the LMHA where the patient resided prior to his/her arrest.

  (d) Prison Transfers: Utah State Prison inmates who are transferred to the Hospital Forensic Unit and subsequently civilly committed become the responsibility of the LMHA where the person resided prior to incarceration.

  (e) Developmental Center Transfers: Individuals placed at the Utah State Developmental Center (USDC), who are transferred to the Hospital for treatment of a mental illness are the responsibility of the LMHA of their last community residence (excluding foster and group home placements less than one year in duration). If the individual was admitted to the USDC as a child, the residence of the custodial parent(s) at the time of admission to USDC shall be used to determine the responsible LMHA. The LMHA is responsible for treatment and discharge planning during the course of the individual's Hospital stay.