All Roll Calls
Yes: 157 • No: 29
UtahS.B. 2972025 General SessionSenate
Congregate Care Amendments
Sponsored By: Michael K. McKell (Republican)
Signed by Governor
Public Funds and AccountsHealth and Human ServicesHealth CareHealth Care FacilitiesDivision of Child and Family ServicesChild WelfareMental HealthBoards and CommitteesGovernment Operations (State Issues)Department of Health and Human ServicesJuvenile Justice ServicesOffice of Licensing and Background Checks
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Bill Overview
Analyzed Economic Effects
12 provisions identified: 9 benefits, 0 costs, 3 mixed.
Children and workers gain protected complaint access
The law creates a congregate care ombudsman to advocate for children, receive reports, interview people, and inspect programs and records. The ombudsman must refer reports to agencies with investigative authority and may investigate when state agencies lack that authority. Programs must allow private, direct telephone calls to the ombudsman at any time, without interference. Programs must post complaint information in a common area using bold letters at least one inch high and provide contact details. They must keep a dedicated number reaching trained on-site staff and cannot retaliate against anyone helping the ombudsman, including through firing or pay cuts.
Children get safety plans and crisis contact
Programs must keep accurate family and authorized-contact records, plus disruption and child-specific suicide prevention plans updated as needed. When a child is in crisis, programs must notify parents or guardians as soon as reasonably possible, within five hours. Programs must make every reasonable effort to connect children with authorized contacts who call the designated number. At admission, children, families, and sending agencies must receive crisis rules and information about notice and telephone contact. Utah must set disruption and discharge plan requirements, objective crisis criteria, and rules for reporting when children start services.
Families get faster care incident reports
Congregate care programs must document critical incidents and notify parents or guardians and licensing officials within one business day after onset. Covered events include self-harm, restraint, seclusion, abuse allegations, medical concerns, unauthorized departures, police involvement, and unsafe facility conditions. Utah must also establish one-business-day critical incident reporting procedures for licensed human services programs. When a child leaves outside the disruption plan and their parent or guardian lives outside Utah, programs must notify family, licensing officials, and local police. Programs must help locate the child, then transport them to a parent or guardian, the program, or another congregate care program.
Care programs pay covered children's hospital costs
These payment rules cover children transported from congregate care to health facilities whose parents or guardians live outside Utah. They do not apply to children in state custody. Public or private insurance pays covered costs first, and the admitting care program owes remaining amounts and reasonable transport costs. Authorized transport destinations include the child's home state or another facility. For inpatient behavioral health care, the program must pay 70% of billed charges, without duplicate collection for insurer-paid covered services.
Older care complaints face investigation limits
The department cannot investigate or substantiate covered complaints about events more than 48 months before the complainant contacted it. For child care programs, the limit is six months. Complaints within these limits that suggest serious safety risks must be referred to child welfare officials, police, or another appropriate agency. During a scheduled annual survey, the department may tell the provider about allegations or concerns.
Tighter background limits for care applicants
Applicants cannot receive direct-access approval after listed felonies, including child abuse, sexual offenses, specified violent crimes, and equivalent out-of-state offenses. Congregate care applicants also face denial for open non-criminal investigations or supported non-criminal findings within the prior three years, except dependency findings. That non-criminal restriction does not apply retrospectively to employees with approved screening on or before July 1, 2025. Applicants under open investigation may receive temporary approval only with direct supervision at all times.
Safer placements, tighter admission rules for children
Utah sets safety standards for standard and intensive congregate care, covering outdoor youth programs, residential support, residential treatment, and therapeutic schools. Adult-licensed programs approved to serve children briefly are excluded. Programs must submit admission rules at licensing and renewal, reject children outside approved criteria, and never knowingly accept unsafe placements. The department can waive admission criteria for children in child welfare or juvenile justice custody entering department-operated or contracted programs. Utah must check admission compliance at least quarterly and can inspect both facilities and program operations.
Families get safeguards before care payments
Congregate care programs cannot ask for or accept payment unless the child meets the program's approved admission rules. The parent or guardian must also have signed a service contract. These protections cover payments from families and anyone paying on a child's behalf.
Individual reviews for adult mental health workers
Certain peer support and mental health job applicants receive a full background review instead of one specified automatic disqualification rule. This path covers programs serving only adults with a primary mental health diagnosis, with or without a substance use disorder. Utah must review covered adult-only program applicants with felony or misdemeanor charges, convictions, or non-criminal findings from the prior three years. Individual review does not guarantee approval.
Deeper background reviews protect care recipients
Utah must conduct full reviews when applicants have specified criminal charges, convictions, registry records, or abuse and neglect findings. Reviews weigh the incident, the applicant's age and circumstances, rehabilitation, and risk of harm. Officials must deny direct-access approval when approval would likely put a child or vulnerable adult at risk. Background checks for congregate care employees and adults living in foster homes must also search the state child welfare information system.
Foster families face broader registry checks
Utah must check child abuse and neglect registries wherever prospective foster or adoptive parents lived during the five years before applying. Checks seek substantiated or supported findings and also cover adults who lived in the prospective home during that period. The adult-in-home requirement excludes applicants seeking congregate care positions. Exceptions apply where federal law permits and to avoid blocking specified noncustodial-parent or relative placements while background checks are pending.
New funds support care shutdown assistance
Two new funds support licensing work and help people affected by facility or program shutdowns. The provider assessment fund supports licensing databases, training, shutdown assistance, and administration, capped at 3% of annual deposits. Federal civil penalties, designated state money, and interest support a separate penalty fund, not the assessment fund. Penalty fund spending must follow a federally approved state plan and can cover shutdown assistance, administration, and federally allowed activities. The law sets no appropriation or payment amount for affected individuals.
Sponsors & Cosponsors
Sponsor
Michael K. McKell
Republican • Senate
Cosponsors
Casey Snider
Republican • House
Roll Call Votes
House vote • 3/5/2025
House/ floor amendment
Yes: 0 • No: 0
Senate vote • 3/5/2025
Senate/ concurs with House amendment
Yes: 27 • No: 1
House vote • 3/5/2025
House/ passed 3rd reading
Yes: 53 • No: 19
House vote • 3/4/2025
House Comm - Substitute Recommendation
Yes: 9 • No: 0
House vote • 3/4/2025
House Comm - Favorable Recommendation
Yes: 10 • No: 0
Senate vote • 2/28/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/28/2025
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/28/2025
Senate/ passed 3rd reading
Yes: 19 • No: 6
Senate vote • 2/28/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/27/2025
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 2/27/2025
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • 2/27/2025
Senate/ passed 2nd reading
Yes: 24 • No: 3
Senate vote • 2/25/2025
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/21/2025
Senate Comm - Substitute Recommendation
Yes: 7 • No: 0
Senate vote • 2/21/2025
Senate Comm - Favorable Recommendation
Yes: 8 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ substituted
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ circled
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ substituted
Yes: 0 • No: 0
House vote • Unknown
House/ floor amendment
Yes: 0 • No: 0
Senate vote • Unknown
Senate/ uncircled
Yes: 0 • No: 0
Actions Timeline
Governor Signed
3/19/2025Senate/ to Governor
3/17/2025SenateSenate/ received enrolled bill from Printing
3/17/2025SenateSenate/ enrolled bill to Printing
3/13/2025SenateEnrolled Bill Returned to House or Senate
3/13/2025Draft of Enrolled Bill Prepared
3/6/2025Bill Received from Senate for Enrolling
3/6/2025Senate/ signed by President/ sent for enrolling
3/6/2025SenateSenate/ received from House
3/6/2025SenateHouse/ to Senate
3/6/2025HouseHouse/ signed by Speaker/ returned to Senate
3/6/2025HouseHouse/ received from Senate
3/6/2025HouseSenate/ to House
3/5/2025SenateSenate/ concurs with House amendment
3/5/2025SenateSenate/ placed on Concurrence Calendar
3/5/2025SenateSenate/ received from House
3/5/2025SenateHouse/ to Senate
3/5/2025HouseHouse/ passed 3rd reading
3/5/2025HouseHouse/ floor amendment
3/5/2025HouseHouse/ 3rd reading
3/5/2025HouseHouse/ 2nd reading
3/5/2025HouseHouse/ Rules to 3rd Reading Calendar
3/5/2025HouseHouse/ return to Rules due to fiscal impact
3/4/2025HouseHouse/ comm rpt/ substituted
3/4/2025HouseHouse Comm - Favorable Recommendation
3/4/2025House
Bill Text
Enrolled
3/13/2025
Amended 3/5/2025 15:03:638
3/5/2025
Substitute #5
3/4/2025
Substitute #4
2/28/2025
Substitute #2
2/27/2025
Substitute #3
2/27/2025
Substitute #1
2/20/2025
Introduced
2/19/2025