Title 26B, Utah Health and Human Services Code

26B-6-105. Powers and duties of area agencies -- Registration as a limited purpose entity. (1) An area agency that provides services to an aged person, or a high risk adult shall within the area agency's respective jurisdiction: (a) advocate by monitoring, evaluating, and providi…

26B-6-106. Contracts for services. When an area agency has established a plan to provide services authorized by this chapter, and those services meet standards fixed by rules of the board, the area agency may enter into a contract with the division for services to be furnished by…

26B-6-107. Disbursal of public funds -- Background check of a personal care attendant. (1) As used in this section, "office" means Office of Licensing within the department. (2) Public funds may not be disbursed to a personal care attendant as payment for personal services render…

26B-6-108. Matching requirements for state and federal Older American funds. (1) Except as provided in Subsection (2), a local area agency on aging that receives state or federal Older Americans Act Supportive Services, Older Americans Act Congregate Meals, or Older Americans Act…

26B-6-109. Eligibility criteria. Eligibility for services provided by the division directly or through contractual arrangements shall be determined by criteria established by the division and approved by the board.

26B-6-110. Agency responsible to investigate and provide services. (1) As used in this section, "responsible agency" means the agency responsible to investigate or provide services in a particular case under the rules established under Subsection (2)(a). (2) In order to avoid dup…

26B-6-111. Requirements for establishing division policy. (1) The board is the program policymaking body for the division and for programs funded with state and federal money under Sections 26B-6-105 and 26B-6-106. In establishing policy and reviewing existing policy, the board s…

26B-6-112. Allocation of funds to acquire facilities. (1)(a) The board may make grants to local area agencies on aging to acquire facilities to provide community-based services for aged persons. Grants under this section shall be made solely from appropriations made to the divisi…

26B-6-113. Allocation of funds to local area agencies -- Formulas. (1)(a) The board shall establish by rule formulas for allocating funds to local area agencies through contracts to provide programs and services in accordance with this part based on need. (b) Determination of nee…

26B-6-114. Adjudicative proceedings. Adjudicative proceedings held by, or relating to, the division or the board shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.

26B-6-115. Senior nutrition private donation incentives. (1) As used in this section: (a) "Area need" means the food and nutrition needs of seniors in a geographical area served by a local area agency, as determined by: (i) the total number of seniors receiving and on the waiting…

26B-6-201. Definitions. As used in this part: (1) "Abandonment" means a knowing or intentional action or inaction, including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food,…

26B-6-202. Purpose of Adult Protective Services Program. Subject to the rules made by the division under Section 26B-6-110, Adult Protective Services: (1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or exploitation of vulnerable adults; (2) sh…

26B-6-203. Powers and duties of Adult Protective Services. In addition to all other powers and duties that Adult Protective Services is given under this part, Adult Protective Services: (1) shall maintain an intake system for receiving and screening reports; (2) shall investigate…

26B-6-204. Cooperation by caretaker. A caretaker, facility, or other institution shall, regardless of the confidentiality standards of the caretaker, facility, or institution: (1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this chapter; (2) co…

26B-6-205. Reporting requirements -- Investigation -- Exceptions -- Immunity -- Penalties -- Nonmedical healing. (1) Except as provided in Subsection (4), if an individual has reason to believe that a vulnerable adult is, or has been, the subject of abuse, neglect, or exploitatio…

26B-6-206. Photographing, video, and audio taping. Law enforcement or Adult Protective Services investigators may collect evidence regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to be taken, photographs, video tape recordings, or aud…

26B-6-207. Peace officer's authority to transport -- Notification. (1) A peace officer may remove and transport, or cause to have transported, a vulnerable adult to an appropriate medical or shelter facility, if: (a) the officer has probable cause to believe that: (i) by reason o…

26B-6-208. Enforcement by division -- Duty of county or district attorney. (1) It is the duty of the county or district attorney, as appropriate under Sections 17-68-302 and 17-68-303, to: (a) assist and represent the division; (b) initiate legal proceedings to protect vulnerable…

26B-6-209. Requests for records. (1) Requests for records maintained by Adult Protective Services shall be made in writing to Adult Protective Services. (2) Classification and disclosure of records shall be made in accordance with Title 63G, Chapter 2, Government Records Access a…

26B-6-210. Statewide database -- Restricted use and access. (1) The division shall maintain a database for reports of vulnerable adult abuse, neglect, or exploitation made pursuant to this part. (2) The database shall include: (a) the names and identifying data of the alleged abu…

26B-6-211. Notice of supported finding -- Procedure for challenging finding -- Limitations. (1)(a) Except as provided in Subsection (1)(b), within 15 days after the day on which the division makes a supported finding that a person committed abuse, neglect, or exploitation of a vu…

26B-6-212. Access to information in database. The database and the adult protection case file: (1) shall be made available to law enforcement agencies, the attorney general's office, city attorneys, the Division of Professional Licensing, and county or district attorney's offices…

26B-6-213. Private right of action -- Estate asset -- Attorney fees. (1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has a private right of action against the perpetrator. (2) Upon the death of a vulnerable adult, any cause of action under th…

26B-6-214. Protective services voluntary unless court ordered. (1) Vulnerable adults who receive protective services under this part shall do so knowingly or voluntarily or upon district court order. (2) Protective services may be provided without a court order for a vulnerable a…

26B-6-215. Costs incurred in providing of protective services. Costs incurred in providing protective services are the responsibility of the vulnerable adult when: (1) the vulnerable adult is financially able to pay for those services, according to rates established by the divisi…

26B-6-216. Venue for protective services proceedings. Venue for all proceedings related to protective services and emergency protective services under this part is in the county where the vulnerable adult resides or is present.

26B-6-217. Emergency protective services -- Forcible entry. (1) Adult Protective Services shall, immediately upon court order, provide emergency protective services to a court-designated vulnerable adult. (2) A court may, without notice, order emergency protective services immedi…

26B-6-218. Petition for injunctive relief when caretaker refuses to allow protective services. (1) When a vulnerable adult is in need of protective services and the caretaker refuses to allow the provision of those services, the division may petition the court for injunctive reli…

26B-6-219. Medical cannabis use by a vulnerable adult or guardian. A peace officer or an employee or agent of the division may not solicit or provide, and a court may not order, emergency services for a vulnerable adult based solely on: (1) the vulnerable adult's possession or us…

26B-6-301. Definitions. As used in this part: (1) "Conservator" is as defined in Section 75-1-201. (2) "Court" is as defined in Section 75-1-201. (3) "Estate" is as defined in Section 75-1-201. (4) "Guardian" is as defined in Section 75-1-201. (5) "Incapacitated" means a person w…

26B-6-302. Office of Public Guardian -- Creation. (1) There is created within the department the Office of Public Guardian which has the powers and duties provided in this part. (2) The office is under the administrative and general supervision of the executive director.

26B-6-303. Director of the office -- Appointment -- Qualifications. (1) The director of the office shall be appointed by the executive director. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be know…

26B-6-304. Powers and duties of the office. (1) The office shall: (a) develop and operate a statewide program to: (i) educate the public about the role and function of guardians and conservators; (ii) educate guardians and conservators on: (A) the duties of a guardian and a conse…

26B-6-305. Prepetition assessment and plan. (1) Before the office may file a petition in court to be appointed guardian or conservator of a person, the office shall: (a) conduct a face-to-face needs assessment, by someone other than a volunteer, to determine whether the person su…

26B-6-306. Office volunteers. (1) A person who desires to be an office volunteer shall: (a) possess demonstrated personal characteristics of honesty, integrity, compassion, and concern for incapacitated persons; and (b) upon request, submit information for a background check purs…

26B-6-307. Contract for services. (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the office may contract with one or more providers to perform guardian and conservator duties. (2) The office shall review and monitor the services provided by a contract provid…

26B-6-308. Court, legal, and other costs. (1) The office may not be appointed as the guardian or conservator of a person unless the office petitioned for or agreed in advance to the appointment. (2) Except as provided in Subsection (4), the court shall order the ward or the ward'…

26B-6-309. Duty of the county attorney or district attorney. (1) The attorney general shall advise the office on legal matters and represent the office in legal proceedings. (2) Upon the request of the attorney general, a county attorney may represent the office in connection wit…

26B-6-401. Definitions. As used in this part: (1) "Approved provider" means a person approved by the division to provide home-and community-based services. (2) "Board" means the Utah State Developmental Center Board created under Section 26B-1-429. (3)(a) "Brain injury" means an …

26B-6-402. Division of Services for People with Disabilities -- Creation -- Authority -- Direction -- Provision of services. (1) There is created within the department the Division of Services for People with Disabilities, under the administrative direction of the executive direc…

26B-6-403. Responsibility and authority of division. (1) For purposes of this section "administer" means to: (a) plan; (b) develop; (c) manage; (d) monitor; and (e) conduct certification reviews. (2) The division has the authority and responsibility to: (a) administer an array of…

26B-6-404. Director -- Qualifications -- Responsibilities. (1) The director of the division shall be appointed by the executive director. (2) The director shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeab…

26B-6-405. Division responsibilities -- Policy mediation. (1) The division shall establish its rules in accordance with: (a) the policy of the Legislature as set forth by this part; and (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) The division shall: (a) esta…

26B-6-406. Powers of other state agencies -- Severability. Nothing in this part shall be construed to supersede or limit the authority granted by law to any other state agency. If any provision of this part, or the application of any provision to the person or circumstance, is he…

26B-6-407. Program for provision of supported employment services. (1) There is established a program for the provision of supported employment services to be administered by the division. (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administra…