62A-5-103 - Responsibility and authority of division. - Utah Statutes

62A-5-103. 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 services and supports for persons with disabilities and theirfamilies throughout the state;
(b) make rules in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, that establish eligibility criteria for the services and supports described inSubsection (2)(a);
(c) consistent with Section 62A-5-206, supervise the programs and facilities of theDevelopmental Center;
(d) in order to enhance the quality of life for a person with a disability, establish eitherdirectly, or by contract with private, nonprofit organizations, programs of:
(i) outreach;
(ii) information and referral;
(iii) prevention;
(iv) technical assistance; and
(v) public awareness;
(e) supervise the programs and facilities operated by, or under contract with, the division;
(f) cooperate with other state, governmental, and private agencies that provide services toa person with a disability;
(g) subject to Subsection (3), ensure that a person with a disability is not deprived of thatperson's constitutionally protected rights without due process procedures designed to minimizethe risk of error when a person with a disability is admitted to any structured residential mentalretardation facility, including:
(i) the developmental center; and
(ii) facilities within the community;
(h) determine whether to approve providers;
(i) monitor and sanction approved providers, as specified in the providers' contract;
(j) subject to Section 62A-5-103.5, receive and disburse public funds;
(k) review financial actions of a provider who is a representative payee appointed by theSocial Security Administration;
(l) establish standards and rules for the administration and operation of programsconducted by, or under contract with, the division;
(m) approve and monitor division programs to insure compliance with the board's rulesand standards;
(n) establish standards and rules necessary to fulfill the division's responsibilities underParts 2 and 3 of this chapter with regard to mental retardation facilities;
(o) assess and collect equitable fees for a person who receives services provided underthis chapter;
(p) maintain records of, and account for, the funds described in Subsection (2)(o);

---

(q) establish and apply rules to determine whether to approve, deny, or defer thedivision's services to a person who is:
(i) applying to receive the services; or
(ii) currently receiving the services;
(r) in accordance with state law, establish rules:
(i) relating to a mental retardation facility that is an endorsed program; and
(ii) governing the admission, transfer, and discharge of a person with a disability;
(s) manage funds for a person residing in a facility operated by the division:
(i) upon request of a parent or guardian of the person; or
(ii) under administrative or court order; and
(t) fulfill the responsibilities described in Chapter 5a, Coordinating Council for Personswith Disabilities.
(3) The due process procedures described in Subsection (2)(g):
(a) shall include initial and periodic reviews to determine the constitutionalappropriateness of the placement; and
(b) with regard to facilities in the community, do not require commitment to the division.

Amended by Chapter 382, 2008 General Session