DAR File No. 38835

Human Services, Administration, Administrative Services, Licensing

Rule R501-22

Residential Support Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 38835
Filed: 09/02/2014 04:51:20 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the changes to this rule is to implement the licensing of Temporary Homeless Youth Shelters by the Office of Licensing as authorized by Section 62A-4a-501 as modified by H.B. 132, 2014 General Legislative Session. The changes are adding a new Section R501-22-13 and for clarification to Sections R501-22-2 and R501-22-3.

Summary of the rule or change:

This amendment updates the rule to include the definition of "Temporary Homeless Youth Shelters" and define specific provisions regarding bathrooms, bedrooms, educational requirements, staffing ratios, age requirements, assessment of imminent risk of harming and defined notifications as required by Section 62a-2-108.8. It also provides accurate clarification to Sections R501-22-2 and R501-22-3 of the rule.

State statutory or constitutional authorization for this rule:

• Section 62A-4a-501
• Section 62A-2-101
• Section 58-60-102
• Section 62A-2-106

Anticipated cost or savings to:

the state budget:

This rule establishes requirements and regulations for temporary homeless youth shelters. It will have no impact on state government and will not affect the budget. Fees paid by the licensee and designated by the Legislature will cover any state efforts to provide this new license.

local governments:

This rule establishes requirements and regulations for temporary homeless youth shelters. It will have minimal impact on local government and will not affect the budget. Local government may on some licenses need to provide business licenses, and health/fire inspections, but this impact will covered by their local protocols. It may even increase their revenue depending on their fee structure.

small businesses:

The fee associated with these rules will impact the organizations applying for the new Temporary Homeless Youth Shelter Residential Support License. However, it is legislatively mandated as part of the cost of providing this service.

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

This rule establishes requirements and regulations for temporary homeless youth shelters. It will have no impact on other entities.

Compliance costs for affected persons:

The compliance costs will be limited to the current approved fees of $100 for the license . Other costs incurred are simply related to doing business in this area. Requirements for this new license are comparable to that of other similar licenses.

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

The fiscal impact on business will be minimal. In addition to the current approved fees of $100 for the license, other costs incurred are largely related to ensuring compliance with basic health and safety standards in order to provide this kind of service to vulnerable youth safely. Requirements for this new license are comparable to that of other similar licenses.

Ann Williamson, Executive Director, DHS

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• Julene Jones at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov
• Diane Moore at the above address, by phone at 801-538-4235, by FAX at 801-538-4553, or by Internet E-mail at dmoore@utah.gov
• Jeff Harris at the above address, by phone at 801-538-4236, by FAX at 801-538-4553, or by Internet E-mail at jharris@utah.gov

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:

10/15/2014

This rule may become effective on:

10/22/2014

Authorized by:

Diane Moore, Director

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

R501-22. Residential Support Programs.

R501-22-1. Authority.

Pursuant to Section 62A-2-101 et seq., the Office of Licensing, shall license residential support programs according to the following rules.

 

R501-22-2. Purpose.

[Residential support programs arrange for or provide the necessities of life as a protective service to individuals or families who are experiencing a dislocation or emergency which prevents them from providing these services for themselves or their families. Treatment is not a necessary component of residential support, however treatment shall be made available on request.]This rule establishes basic health and safety standards for residential support programs.

 

R501-22-3. Definition.

Residential Support [program means a 24-hour group living environment, providing room and board for four or more consumers unrelated to the owner or provider in accordance with]is as defined in [Sub]section 62A-2-101[(14)]. Temporary Homeless Youth Shelter is as defined in Section 62A-4a-501.

 

R501-22-4. Administration.

A. In addition to the following rules, all Residential Support Programs shall comply with R501-2, Core Standards.

B. The program shall ensure that consumers receive direct service from an assigned worker or other appropriate professional.

C. A list of current consumers shall be available and on-site at all times.

 

R501-22-5. Staffing.

A. The program shall have an employed manager responsible for the day to day resident supervision and operation of the facility. The responsibilities of the manager shall be clearly defined. Whenever the manager is absent there shall be a substitute to assume managerial responsibility[ as needed]. With the exception of Domestic Violence Shelters, adult programs are not required to provide twenty four hour supervision.

B. The program shall make arrangement for medical backup with a medical clinic or physician licensed to practice medicine in the State of Utah.

C. [During normal staff hours, t]The program shall have at least one person on duty who has completed and remains current in a certified first aid and CPR program.

D. Programs which utilize students and volunteers, shall provide screening, training, and evaluation of volunteers. Volunteers providing care in Domestic Violence Shelters, without paid staff present, shall have direct communication access to designated staff at all times. Volunteers shall be informed verbally and in writing of program objectives and scope of service.

 

R501-22-6. Direct Service.

This section supersedes core standards, Section R501-2-8.

A. The program consumer records shall contain the following:

1. name, address, telephone number, admission date, and personal information [as ]required by the program,

2. emergency information with names, address, and telephone numbers,

3. a statement indicating that the resident meets the admission criteria,

4. description of presenting problems,

5. service plan and services provided, and referral arrangements as required by the program,

6. discharge date,

7. signature of person or persons, or designee providing services, and

8. crisis intervention and incident reports.

B. The program's consumer service plan shall offer and document as many life enhancement opportunities as are appropriate and reasonable.

C. Domestic Violence Shelter action plans shall include the following:

1. a review of danger and lethality with victim and discussion of the level of the victim's risk of safety.

2. a review of safety plan with the victim,

3. a review of the procedure for a protective order and referral to appropriate agency or clerk of the court authorized to issue the protective order, and

4. a review of supportive services to include, but not limited to medical, self-sufficiency, day care, legal, financial, and housing assistance. The program shall facilitate connecting services to those resources as requested. Appropriate referrals shall be made, when indicated, and documented in the consumer record for victim treatment, psychiatric consultation, drug and alcohol treatment, or other allied services.

5. Domestic Violence Shelter staff completing action plans shall have at least a Bachelor's Degree in Behavioral Sciences.

 

R501-22-7. Physical Environment.

A. The program shall provide written documentation of compliance with the following:

1. local zoning ordinances,

2. local business license requirements,

3. local building codes,

4. local fire safety regulations,

5. local health codes, and

6. local approval from the appropriate government agency for new program services or increased consumer capacity.

B. Building and Grounds

1. The program shall ensure that the appearance and cleanliness of the building and grounds are maintained.

2. The program shall take reasonable measures to ensure a safe physical environment for its consumers and staff.

 

R501-22-8. Physical Facility.

A. Live-in staff shall have separate living space with a private bathroom.

B. The program shall have space to serve as an administrative office for records, secretarial work and bookkeeping.

C. Space shall be provided for private and group counseling sessions.

D. Bathrooms -- The following bathroom standards shall apply.

1. There shall be separate bathrooms, including a toilet, lavatory, tub or shower, for males and females. These shall be maintained in good operating order and in a clean and safe condition.

2. Consumer to bathroom ratios shall be 10 to one.

3. Bathrooms shall accommodate consumers with physical disabilities, as required.

4. Each bathroom shall be maintained in good operating order and be equipped with toilet paper, towels, and soap.

5. There shall be mirrors secured to the walls at convenient heights.

6. Bathrooms shall be placed as to allow access without disturbing other residents during sleeping hours.

7. Bathrooms shall be ventilated by mechanical means or equipped with a screened window that opens.

8. Domestic Violence Shelters Bathrooms

a. family members may share bathrooms, and

b. where bathrooms are shared by more than one family or by children over the age of eight, parents or program staff shall ensure that privacy is protected.

9. Temporary Homeless Youth Shelters Bathrooms

a. Single occupancy unisex bathrooms are permissible.

E. Sleeping Accommodations

1. A minimum of 60 square feet per consumer shall be provided in a multiple occupant bedroom and 80 square feet in a single occupant bedroom. Storage space shall not be counted.

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

3. Each bed, none of which shall be portable, shall be solidly constructed and be provided with clean linens after each consumer stay and at least weekly.

4. Sleeping quarters serving male and female residents shall be structurally separated.

5. Consumers shall be allowed to decorate and personalize bedrooms with respect for other residents and property.

6. For Domestic Violence Shelters, Family Support Centers, Temporary Homeless Youth Shelters and children's shelters, the following shall apply:

a. A minimum of 40 square feet per consumer shall be provided in a multiple occupant bedroom. Storage space shall not be counted. The use of one crib for children under two years of age shall not be counted in the square foot requirement as long as it does not inhibit access to and from the room.

b. Roll away and hide-a-beds may be used as long as the consumer square foot requirement is maintained.

c. Family members are allowed to share bedrooms. Where bedrooms are shared by more than one family, parents or program staff shall make appropriate arrangements to ensure privacy is protected.

7. For Temporary Homeless Youth Shelters, the following shall apply:

a. A minimum of 40 square feet per consumer shall be provided in a multiple occupant dormitory style bedroom. Storage space shall not be counted.

b. For youth with their own children, a minimum of 40 square feet per person shall be provided in an separately enclosed bedroom that houses only youth that have their own children. Storage space shall not be counted.

F. Equipment

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

2. All furniture and equipment shall be maintained in a clean and safe condition.

G. Storage

1. The program shall have locked storage for medications.

2. The program shall have locked storage for hazardous chemicals and materials, according to the direction of the local fire authorities.

3. Any weapons brought into the facility shall be secured in a locked storage area or removed from the premises.

H. Laundry Service

1. Programs which permit consumers to do their own laundry shall provide equipment and supplies for washing, drying, and ironing.

2. Programs which provide for common laundry of linens and clothing, shall provide containers for soiled laundry separate from storage for clean linens and clothing.

3. Laundry appliances shall be maintained in good operating order and in a clean and safe condition.

 

R501-22-9. Food Service.

A. One staff shall be responsible for food service. If this person is not a professionally qualified dietitian, regularly scheduled consultation with a professionally qualified dietitian shall be obtained. Meals served shall be from dietitian approved menus.

B. The staff responsible for food service shall maintain a current list of consumers with special nutritional needs and record in the consumer's service record information relating to special nutritional needs and provide for nutritional counseling where indicated.

C. The program shall establish and post kitchen rules and privileges according to consumer needs.

D. Consumers present in the facility for four or more consecutive hours shall be provided nutritious food.

E. Meals may be prepared at the facility or catered.

F. Kitchens shall have clean, safe operational equipment for the preparation, storage, serving, and clean-up of all meals.

G. Adequate dining space shall be provided for consumers. The dining space shall be maintained in a clean and safe condition.

H. When meals are prepared by consumers, there shall be a written policy to include the following:

1. rules of kitchen privileges,

2. menu planning and procedures,

3. nutritional and sanitation requirements, and

4. schedule of responsibilities.

 

R501-22-10. Specialized Services for Substance Abuse.

A. The program shall not admit anyone who is currently experiencing convulsions, in shock, delirium tremens, in a coma or unconscious.

B. Before admission, consumers shall be tested for Tuberculosis. Both consumers and staff shall be tested annually or as directed by the local health requirements.

 

R501-22-11. Specialized Services for Programs Serving Children.

A. The program shall provide clean and safe age appropriate toys for children.

B. The program shall provide an outdoor play area enclosed with a five foot safety fence.

C. Only custodial parents, legal guardian, or persons designated in writing, are allowed to remove any child from the program.

D. The program shall provide adequate staff to supervise children at all times.

 

R501-22-12. Specialized Services for Domestic Violence Shelters.

A. The program shall provide clean and safe age appropriate toys for children.

B. The program shall provide an outdoor play area enclosed with a five foot safety fence.

C. The program shall provide and document the following information both verbally and in writing to the consumer: Shelter rules, reason for termination, and confidentiality issues.

D. Parents are responsible for supervising their children while at the shelter. If parents are required to be away from the shelter or involved in shelter activities without their children, they shall arrange for appropriate child care services.

 

R501-22-13. Specialized Services for Temporary Homeless Youth Shelters.

A. Temporary Homeless Youth Shelters shall provide a staff ratio of no less than one direct care staff to ten youth.

B. The age of the youth to be admitted shall be between 12 years of age and 17 years of age. Youth may be admitted with their own biological children of any age.

C. Youth shall be assessed by facility staff who meet the qualifications of a mental health therapist as defined in Section 58-60-102, to determine whether they are an imminent risk of harming themselves or others. Youth who are assessed as an imminent risk shall be referred to programs qualified to serve them.

D. Temporary Homeless Youth Shelters shall comply with Section 62A-4a-501 regarding mandatory notifications.

E. Temporary Homeless Youth Shelters shall comply with Section 62A-2-108.1 to coordinate educational requirements for all youth admitted.

 

KEY: human services, licensing

Date of Enactment or Last Substantive Amendment: [May 2, 2000]2014

Notice of Continuation: April 5, 2010

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