Section R380-600-7 - Inspection and Investigation Process(1) The office may schedule announced and unannounced inspections to follow statute, contract, and federal requirements according to each category.(2) The office may adopt the findings from an inspection conducted by another local or federal agency, or by the department staff on behalf of another local or federal agency as part of the provider's compliance history.(3) The provider shall cooperate with the office to monitor rule compliance and rule compliance maintenance anytime the program or facility is serving clients by giving to the office full access to: (d) any program or facility records.(4) The provider shall cooperate with the office by promptly responding to any request for information necessary to demonstrate rule compliance before, during, and after inspections.(5) The provider shall make available and permit reproduction of program or facility records and documents by, or on behalf of, the department as necessary to ascertain compliance with applicable laws, rules, and federal regulations.(6) The provider shall ensure that the integrity of the office's information gathering process is not compromised by withholding or manipulating information or influencing any specific response of staff or clients.(7) The provider shall allow the office to access any program or facility record or staff at an administrative or certified location that is not located at the licensed site.(8) Except for when an inspection is conducted by another local or federal agency, or by the department staff on behalf of another local or federal agency, the office shall serve a written inspection report to the provider once the inspection process is complete and approved by division management.(9) If the provider is out of compliance with any applicable administrative rules, statute, or requirements, the provider shall:(a) come into compliance within the required correction time frames as stated in the respective inspection report;(b) pay any applicable penalties and inspection fees; and(c) maintain compliance with each applicable administrative rules, statute, or requirements.(10) The office may require immediate compliance with any administrative rule that is found out of compliance and that represents an imminent risk to any client.(11) Once an inspection is completed and the inspection report is produced by the office, the office shall post any citations from any inspection and any substantiated noncompliance from a complaint investigation on the division website for no less than 36 months.(12) The provider shall follow the office's directions when the office requires a plan of correction.(13) Except for certified facilities following a CMS plan of correction, the office may allow the provider to have one plan of correction in a 36-month period.(14) The office may require additional inspections as part of the plan of correction.(15) The office may investigate any complaint or incident that suggest noncompliance with any rules or statute, except for: (a) an anonymous complaint against a provider within Child Care Licensing; or(b) a complaint against a provider within Child Care Licensing that alleges an issue that happened six or more weeks before the complaint is received.(16) When a critical incident occurs under the direct responsibility and supervision of the program or facility, the licensee or certificate holder shall: (a) submit a report of the critical incident to the office in format required by the office within one business day of the critical incident occurrence;(b) notify the legal guardian of each involved client within a 24-hour period from the time of the incident;(c) if the critical incident involves any client in the custody of the department or under contract with the department, notify the involved department division immediately; and(d) collect, maintain, and submit original witness statements and supporting documentation, including video footage if available, regarding each critical incident to the office upon request.Utah Admin. Code R380-600-7
Adopted by Utah State Bulletin Number 2024-01, effective 12/19/2023