Title 36 — Public Health and Safety

A. Subject to legislative appropriation, in addition to any existing autism services, the department may provide children's autism services through the division of developmental disabilities to serve children who have, or who are at risk of having, autism by entering into a contr…

A. The division may contract for art therapy services, directly or through a contractor, only with an art therapist who holds an active national board certification in art therapy from the art therapy credentials board or who is a master's level graduate in art therapy under the …

In this article, unless the context otherwise requires: 1. "Developmental disability" means autism, cerebral palsy, epilepsy or a cognitive disability. 2. "Residential facility" means a community residential setting in which persons with developmental disabilities live and that i…

A. Unrelated persons living together notwithstanding, a residential facility which serves six or fewer persons shall be considered a residential use of property for the purposes of all local zoning ordinances if such facility provides care on a twenty-four hour per day basis. The…

A. Group homes and behavioral-supported group homes, except for those described in subsection D of this section, shall be licensed for health and safety by the department of health services pursuant to section 36-132. B. The division shall notify the department of health services…

B. The director shall adopt any rules necessary regarding behavioral-supported group homes that include at least the following: 1. Ensuring that each client's behavioral treatment plan is developed, integrated, coordinated and monitored by a clinical professional who, at a minimu…

A. An adult developmental home or child developmental home shall be licensed pursuant to this article. B. An applicant for an adult developmental home or child developmental home license shall submit an application on a form prescribed by the department. C. Before issuing or rene…

A. The department may issue a provisional license to a licensee who is seeking renewal of a regular license and who is temporarily unable to conform to standards of care established by the department if the deficiencies can be remedied within three months. B. A provisional licens…

A. The department may certify as a child developmental certified home a regular foster home as defined in section 8-501 that is licensed pursuant to section 8-509 to care for specific foster children with developmental disabilities. B. A regular foster home that is applying to be…

1. An applicant or licensee violates this chapter, rules adopted pursuant to this chapter, federal or state statutes or city or county ordinances or codes. 2. An applicant or licensee refuses to cooperate in obtaining or providing information the department deems necessary to det…

A. The following persons shall be fingerprinted pursuant to section 41-1758.07: 1. A person who is paid or who volunteers to work in a facility or program that is licensed by or that has entered into a contract with the division of developmental disabilities to provide services t…

An applicant, licensee or adult household member of an adult developmental home or child developmental home shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07. The person shall certify on forms that are provided by the department whether the perso…

A. The department of economic security shall perform programmatic and contractual monitoring of the services it provides or for which it contracts. B. The department shall promulgate rules that provide for deemed status. The department shall grant deemed status to a service provi…

A group home, nursing-supported group home, adult developmental home or child developmental home shall allow the following to inspect the facility at reasonable times: 1. Parents and guardians of facility residents. 2. Members of the developmental disabilities advisory council. 3…

The department shall receive reports of complaints about services provided by the department and may refer those reports to licensing, contracting or program authorities, or law enforcement.

(Rpld. 1/1/28) A. The developmental disabilities group home monitoring program is established in the department. Subject to available appropriations, the department shall contract with the entity that has been designated by this state to operate the protection and advocacy system…

A. The department of economic security shall establish a benefit recovery program for state funded services to persons who receive services pursuant to this chapter which are covered in whole or in part by a first party health insurance medical benefit. The department shall coord…

A. The department is entitled to a lien for the charges for hospital or medical care and treatment paid by the department on behalf of an injured person with a developmental disability on any and all claims of liability or indemnity for damages accruing to the person with a devel…

In this article, unless the context otherwise requires: 1. "Assistant director" means the assistant director of the division of developmental disabilities. 2. "Community supports" means community based programs designed to promote independence, productivity and integration for in…

A. The division shall administer a family support program subject to funding appropriated by the legislature or otherwise available for this purpose. The division shall adopt rules to implement this article. B. The division's annual budget request shall include a specific request…

A. The division and all districts and local agencies that operate family support programs or administer programs authorized under the social security act shall assist families in obtaining and ensuring families use all available sources of monies before using family support subsi…

A. The division may provide family support vouchers for services provided pursuant to chapter 29, article 2 of this title if those services are provided by certified providers, are included in the individual program plan and are approved for title XIX funding. The division by rul…

A. The family support program may assist with other community based resources in developing community based services by establishing a program of grants to districts and local agencies and providers, both public and private, and to consumer groups to establish or develop family s…

A. A person who is eligible for services pursuant to section 36-559 is also eligible to receive services under this article if that person is recommended to receive services under the individual program plan. A person shall also meet any applicable eligibility requirements or gui…

Admission into any developmental disabilities family support program or service which is operated or supported by the department shall be subject to the availability of space in the program or service and shall be subject to legislative appropriation and other available funding u…

In this article, unless the context otherwise requires: 1. "Child" means any person through the age of fourteen years. Child also means a person who is under eighteen years of age if the child has a developmental disability as defined in section 36-551 or has at least one of the …

A. A child care facility shall not receive any child for care, supervision or training unless the facility is licensed by the department of health services. B. An application for a license shall be made on a written or electronic form prescribed by the department and shall includ…

A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well-being of the children to be cared for in a child care facility. These rules shall include standards for the following: 1. Adequate physical facilities for t…

Each child care facility shall annually furnish to the department, and make available to parents on request, an explicit and up-to-date written statement of the services it offers.

A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starti…

A. An employer that subsidizes child care on a nondiscriminatory basis to its employees through a child care facility licensed pursuant to this article or through a person or facility exempt from licensure pursuant to this article but screened pursuant to section 41-1964 or 46-32…

The director shall prescribe reasonable rules and standards regarding the health, safety and well-being of children cared for in any public school child care program. These rules shall be comparable to the rules and standards prescribed pursuant to section 36-883. The director sh…

A. A child care facility that provides child care services utilizing the practice of a documented educational philosophy including least restrictive environment for infants and meets the requirements of this section may use floor bedding in the facility instead of cribs. B. Floor…

This article does not apply to the care given to children by or in: 1. The homes of parents or blood relatives. 2. A religious institution conducting a nursery in conjunction with its religious services or conducting parent-supervised occasional drop-in care. 3. A unit of the pub…

A. The department or designated local health departments or its agents may at any time visit during hours of operation and inspect a child care facility to determine if it complies with this article and rules adopted under this article. B. The department shall visit each child ca…

A. If it appears that any person is maintaining or operating a child care facility without a license, the department shall notify the facility's operator either by mail, by certified mail with return receipt requested or by delivery in person. The person affected by the notice sh…

If the department believes that a child care facility is operating under conditions that present possibilities of serious harm to children, the department shall notify the county attorney or the attorney general who shall immediately seek a restraining order and injunction agains…

A. Records maintained by the department for child care facilities are available to the public for review and copying. B. Personally identifiable information that relates to a child, parent or guardian is confidential. The department shall disclose this information only as follows…

A. The department may deny, suspend or revoke a license for a violation of this article or department rules. At least thirty days before the department denies, revokes or suspends a license it shall mail the applicant or licensee a notice of that person's right to a hearing. The …

A. Each licensee, other than a corporation, a limited liability company, an association or a partnership, shall be a citizen of the United States who is a resident of this state, or a legal resident alien who is a resident of this state. A corporation, association or limited liab…

All decisions rendered by the director, pursuant to the applicable law and regulations, shall be in writing and filed of record in the office of the department. Notice of such decisions shall be given to the affected person or licensee. If no appeal is taken by any such person or…

A. The director may impose a civil penalty on a person who violates this article or rules adopted pursuant to this article in an amount of not more than one hundred dollars for each violation. Each day that a violation occurs constitutes a separate violation. The director may iss…

A. If the director has reasonable cause to believe that a licensee is violating this article or rules adopted pursuant to this article and that the health or safety of the children is endangered, the director may impose, on written notice to the licensee, one or more of the follo…

Any person violating the provisions of the applicable law, or regulations, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article.

A. The department shall not act on an application for licensure of a currently licensed child care facility while any enforcement or court action related to child care facility licensure is pending against that facility's current licensee. B. The director may continue to pursue a…

(Added with a 1998 Prop. 105 clause pursuant to L12, Ch. 159) A person, including a cardholder as defined in section 36-2801, may not lawfully possess or use marijuana in any child care facility in this state.

A school-age child who attends a child care facility in this state may possess and use a topical sunscreen product without a note or prescription from a licensed health care professional.

An out-of-school time program provider that opts to be licensed as a child care facility pursuant to this article is not required to keep a roster of school-age children for each room or activity area within the child care facility if both of the following apply: 1. The program p…

A. The department of health services shall license child care facilities and monitor their operation to ensure that the level of care being provided is adequate. The department of economic security shall not duplicate the monitoring functions of the department of health services …

In this article, unless the context otherwise requires: 1. "Child care group home" means a residential facility in which child care is regularly provided for compensation for periods of less than twenty-four hours per day for not less than five children but no more than ten child…