DAR File No. 41482
This rule was published in the May 15, 2017, issue (Vol. 2017, No. 10) of the Utah State Bulletin.
Human Services, Administration, Administrative Services, Licensing
Rule R501-17
Adult Foster Care
Notice of Proposed Rule
(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 Therefore, this rule is repealed in its entirety.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 ServicesAdministration, Administrative Services, Licensing
195 N 1950 W 1ST FLR
SALT LAKE CITY, UT 84116
Direct questions regarding this rule to:
- Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@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
- Janice Weinman at the above address, by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@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:
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.]
Additional Information
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.
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For questions regarding the content or application of this rule, please contact Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@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; Janice Weinman at the above address, by phone at 385-321-5586, by FAX at 801-538-4553, or by Internet E-mail at jweinman@utah.gov. For questions about the rulemaking process, please contact the Office of Administrative Rules.