Section 26B-2-123 - Congregate care program regulation(1)(a) A congregate care program may not use a cruel, severe, unusual, or unnecessary practice on a child, including: (i) a strip search unless the congregate care program determines and documents that a strip search is necessary to protect an individual's health or safety;(ii) a body cavity search unless the congregate care program determines and documents that a body cavity search is necessary to protect an individual's health or safety;(iii) inducing pain to obtain compliance;(iv) hyperextending joints;(vi) discipline or punishment that is intended to frighten or humiliate;(vii) requiring or forcing the child to take an uncomfortable position, including squatting or bending;(viii) for the purpose of punishing or humiliating, requiring or forcing the child to repeat physical movements or physical exercises such as running laps or performing push-ups;(ix) spanking, hitting, shaking, or otherwise engaging in aggressive physical contact;(x) denying an essential program service;(xi) depriving the child of a meal, water, rest, or opportunity for toileting;(xii) denying shelter, clothing, or bedding;(xiii) withholding personal interaction, emotional response, or stimulation;(xiv) prohibiting the child from entering the residence;(xv) abuse as defined in Section 80-1-102; and(xvi) neglect as defined in Section 80-1-102.(b) A properly used emergency safety intervention is not considered a cruel, severe, unusual, or unnecessary practice.(2) Before a congregate care program may use a restraint, seclusion, or emergency safety intervention, the congregate care program shall: (a) develop and implement written policies and procedures that:(i) describe the circumstances under which a staff member may use a restraint, seclusion, or emergency safety intervention;(ii) describe which staff members are authorized to use a restraint, seclusion, or emergency safety intervention;(iii) describe procedures for monitoring a child that is restrained or in seclusion;(iv) describe time limitations on the use of a restraint or seclusion;(v) require immediate and continuous review of the decision to use a restraint, seclusion, or emergency safety intervention;(vi) require documenting the use of a restraint, seclusion, or emergency safety intervention;(vii) describe record keeping requirements for records related to the use of a restraint, seclusion, or emergency safety intervention;(viii) to the extent practicable, require debriefing the following individuals if debriefing would not interfere with an ongoing investigation, violate any law or regulation, or conflict with a child's treatment plan:(A) each witness to the event;(B) each staff member involved; and(C) the child who was restrained or in seclusion;(ix) include a procedure for complying with Subsection (5); and(x) provide an administrative review process and required follow up actions after a child is restrained or put in seclusion; and(b) consult with the office to ensure that the congregate care program's written policies and procedures align with applicable law.(3) A congregate care program:(a) may use a passive physical restraint only if the passive physical restraint is supported by a nationally or regionally recognized curriculum focused on non-violent interventions and de-escalation techniques;(b) may not use a chemical or mechanical restraint unless the office has authorized the congregate care program to use a chemical or mechanical restraint;(c) shall ensure that a staff member that uses a restraint on a child is:(i) properly trained to use the restraint; and(ii) familiar with the child and if the child has a treatment plan, the child's treatment plan; and(d) shall train each staff member on how to intervene if another staff member fails to follow correct procedures when using a restraint.(4)(a) A congregate care program: (i) may use seclusion if: (A) the purpose for the seclusion is to ensure the immediate safety of the child or others; and(B) no less restrictive intervention is likely to ensure the safety of the child or others; and(ii) may not use seclusion: (A) for coercion, retaliation, or humiliation; or(B) due to inadequate staffing or for the staff's convenience.(b) While a child is in seclusion, a staff member who is familiar to the child shall actively supervise the child for the duration of the seclusion.(5) Subject to the office's review and approval, a congregate care program shall develop: (a) suicide prevention policies and procedures that describe:(i) how the congregate care program will respond in the event a child exhibits self-injurious, self-harm, or suicidal behavior;(ii) warning signs of suicide;(iii) emergency protocol and contacts;(iv) training requirements for staff, including suicide prevention training;(v) procedures for implementing additional supervision precautions and for removing any additional supervision precautions;(vi) suicide risk assessment procedures;(vii) documentation requirements for a child's suicide ideation and self-harm;(viii) special observation precautions for a child exhibiting warning signs of suicide;(ix) communication procedures to ensure all staff are aware of a child who exhibits warning signs of suicide;(x) a process for tracking suicide behavioral patterns; and(xi) a post-intervention plan with identified resources; and(b) based on state law and industry best practices, policies and procedures for managing a child's behavior during the child's participation in the congregate care program.(6)(a) A congregate care program: (i) subject to Subsection (6)(b), shall facilitate weekly confidential voice-to-voice communication between a child and the child's parents, guardian, foster parents, and siblings, as applicable;(ii) shall ensure that the communication described in Subsection (6)(a)(i) complies with the child's treatment plan, if any; and(iii) may not use family contact as an incentive for proper behavior or withhold family contact as a punishment.(b) For the communication described in Subsection (6)(a)(i), a congregate care program may not: (i) deny the communication unless state law or a court order prohibits the communication; or(ii) modify the frequency or form of the communication unless:(A) the office approves the modification; or(B) state law or a court order prohibits the frequency or the form of the communication.Amended by Chapter 267, 2024 General Session ,§ 5, eff. 5/1/2024.Renumbered from § 62A-2-123 and amended by Chapter 305, 2023 General Session ,§ 118, eff. 5/3/2023.Amended by Chapter 468, 2022 General Session ,§ 4, eff. 5/4/2022.Added by Chapter 400, 2021 General Session ,§ 5, eff. 5/5/2021.