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[Utah Code Table of Contents]
[TITLE 62a. Table of Contents]

62A-1-101 Short title.

This title shall be known as the "Utah Human Services Code."
    1992

62A-1-102 Department of Human Services - Creation.

There is created within state government the Department of Human Services, which has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities outlined in this title.
    1990

62A-1-104 Definitions.

(1) As used in this title:

(a) "Concurrence of the board" means agreement by a majority of the members of a board.

(b) "Department" means the Department of Human Services established in Section 62A-1-102 .

(c) "Executive director" means the executive director of the department, appointed pursuant to Section 62A-1-108 .

(2) The definitions provided in Subsection (1) are to be applied in addition to definitions contained throughout this title which are applicable to specific chapters or parts.
    1990

62A-1-105 (Superseded 07/01/04). Creation of boards, divisions, and offices.

(1) The following policymaking boards are created within the Department of Human Services:

(a) the Board of Aging and Adult Services;

(b) the Board of Child and Family Services;

(c) the Board of Public Guardian Services;

(d) the Board of Services for People with Disabilities;

(e) the Board of Substance Abuse and Mental Health; and

(f) the Board of Youth Corrections.

(2) The following divisions are created within the Department of Human Services:

(a) the Division of Aging and Adult Services;

(b) the Division of Child and Family Services;

(c) the Division of Services for People with Disabilities;

(d) the Division of Substance Abuse and Mental Health; and

(e) the Division of Youth Corrections.

(3) The following offices are created within the Department of Human Services:

(a) the Office of Licensing;

(b) the Office of Public Guardian; and

(c) the Office of Recovery Services.
    2002

62A-1-105 (Effective 07/01/04). Creation of boards, divisions, and offices.

(1) The following policymaking boards are created within the Department of Human Services:

(a) the Board of Aging and Adult Services;

(b) the Board of Child and Family Services;

(c) the Board of Public Guardian Services;

(d) the Board of Services for People with Disabilities;

(e) the Board of Substance Abuse and Mental Health; and

(f) the Board of Juvenile Justice Services.

(2) The following divisions are created within the Department of Human Services:

(a) the Division of Aging and Adult Services;

(b) the Division of Child and Family Services;

(c) the Division of Services for People with Disabilities;

(d) the Division of Substance Abuse and Mental Health; and

(e) the Division of Juvenile Justice Services.

(3) The following offices are created within the Department of Human Services:

(a) the Office of Licensing;

(b) the Office of Public Guardian; and

(c) the Office of Recovery Services.
    2003

62A-1-106 Adjudicative proceedings.

The department and its boards, divisions, and offices described in Section 62A-1-105 shall comply with the procedures and requirements of Title 63, Chapter 46b, in their adjudicative proceedings.
    1988

62A-1-107 Boards within department - Members, appointment, terms, vacancies, chairperson, compensation, meetings, quorum.

(1) Except as specifically provided in Sections 62A-4a-102 , 62A-2-104 , and 62A-14-106 regarding the Board of Child and Family Services, the Human Services Licensing Board, and the Board of Public Guardian Services, each board described in Section 62A-1-105 shall have seven members who are appointed by the governor with the consent of the Senate.

(2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a term of four years, and is eligible for one reappointment.

(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.

(c) Board members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 90 days after the formal expiration of a term.

(d) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.

(3) Except for the Board of Child and Family Services, no more than four members of any board may be from the same political party. No more than six members of the Board of Child and Family Services may be from the same political party. Each board shall have diversity of gender, ethnicity, and culture; and members shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal with issues related to their specific boards.

(4) Each board shall annually elect a chairperson from its membership. Each board shall hold meetings at least once every three months. Within budgetary constraints, meetings may be held from time to time on the call of the chairperson or of the majority of the members of any board. Four members of a board are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board.

(5) (a) Members shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .

(b) Members may decline to receive per diem and expenses for their service.

(6) Each board shall adopt bylaws governing its activities. Bylaws shall include procedures for removal of a board member who is unable or unwilling to fulfill the requirements of his appointment.

(7) Each board has program policymaking authority for the division over which it presides.
    2003

62A-1-107.5 Limitation on establishment of advisory bodies.

(1) Department divisions and boards:

(a) may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and

(b) shall comply with the provisions of this section with regard to any advisory groups created prior to or after July 1, 2003.

(2) Divisions and boards may establish subject-limited and time-limited ad hoc advisory groups to provide input necessary to carry out their assigned responsibilities. When establishing such an advisory group, the board must establish in writing a specific charge and time limit.

(3) Members of any ad hoc advisory group shall receive no compensation or benefits for their service.

(4) The provision of staffing and support to any ad hoc advisory group will be contingent on availability of human and financial resources.
    2003

62A-1-108 Executive director - Appointment - Compensation - Qualifications - Responsibilities.

(1) The chief administrative officer of the department is the executive director, who shall be appointed by the governor with the consent of the Senate. The executive director may be removed at the will of the governor. The executive director shall receive a salary established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. The executive director shall be experienced in administration, management, and coordination of complex organizations.

(2) The executive director is responsible for:

(a) administration and supervision of the department;

(b) coordination of policies and program activities conducted through the boards, divisions, and offices of the department;

(c) approval of the proposed budget of each board, division, and office within the department; and

(d) such other duties as the Legislature or governor shall assign to him.

(3) The executive director may appoint deputy or assistant directors to assist him in carrying out the department's responsibilities.
    2002

62A-1-108.5 Mental illness and mental retardation examinations - Responsibilities of the department.

(1) In accomplishing its duties to conduct mental illness and mental retardation examinations under Title 77, Utah Code of Criminal Procedure, the department shall proceed as outlined in this section and within appropriations authorized by the Legislature. The executive director may delegate his responsibilities under this section to one or more divisions within the department.

(2) When the department is ordered by the court to conduct a mental illness or mental retardation examination, the executive director shall:

(a) direct that the examination be performed at the Utah State Hospital; or

(b) designate at least one examiner, selected under Subsection (3), to examine the defendant in his current custody or status.

(3) The department shall establish criteria, in consultation with the Commission on Criminal and Juvenile Justice, and shall contract with persons or organizations to conduct mental illness and mental retardation examinations under Subsection (2)(b). In making this selection, the department shall follow the provisions of Title 63, Chapter 56, Utah Procurement Code.

(4) Nothing in this section prohibits the executive director, at the request of defense counsel or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal Procedure, and for good cause shown, from proposing a person who has not been previously selected under Subsection (3) to contract with the department to conduct the examination. In selecting that person, the criteria of the department established under Subsection (3) and the provisions of Title 63, Chapter 56, Utah Procurement Code, shall be met.
    2003

62A-1-109 Division directors - Appointment - Compensation - Qualifications.

The chief officer of each division and office enumerated in Section 62A-1-105 shall be a director who shall serve as the executive and administrative head of the division or office. Each division director shall be appointed by the executive director with the concurrence of the division's board. The director of any division may be removed from that position at the will of the executive director after consultation with that division's board. Each office director shall be appointed by the executive director. Directors of divisions and offices shall receive compensation as provided by Title 67, Chapter 19. The director of each division and office shall be experienced in administration and possess such additional qualifications as determined by the executive director, and as provided by law.
    1988

62A-1-110 Executive director - Jurisdiction over division and office directors - Authority.

(1) The executive director of the department has administrative jurisdiction over each division and office directors. The executive director may make changes in personnel and service functions in the divisions and offices under his administrative jurisdiction, and authorize designees to perform appropriate responsibilities, to effectuate greater efficiency and economy in the operations of the department.

(2) The executive director may establish offices and bureaus to perform functions such as budgeting, planning, data processing, and personnel administration, to facilitate management of the department.
    1991

62A-1-111 Department authority.

The department may, in addition to all other authority and responsibility granted to it by law:

(1) adopt rules, not inconsistent with law, as the department may consider necessary or desirable for providing social services to the people of this state;

(2) establish and manage client trust accounts in the department's institutions and community programs, at the request of the client or his legal guardian or representative, or in accordance with federal law;

(3) purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;

(4) conduct adjudicative proceedings for clients and providers in accordance with the procedures of Title 63, Chapter 46b, Administrative Procedures Act;

(5) establish eligibility standards for its programs, not inconsistent with state or federal law or regulations;

(6) take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who was not eligible;

(7) set and collect fees for its services;

(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or limited by law;

(9) acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law;

(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the proceeds thereof, may be credited to the program designated by the donor, and may be used for the purposes requested by the donor, as long as the request conforms to state and federal policy; all donated funds shall be considered private, nonlapsing funds and may be invested under guidelines established by the state treasurer;

(11) accept and employ volunteer labor or services; the department is authorized to reimburse volunteers for necessary expenses, when the department considers that reimbursement to be appropriate;

(12) carry out the responsibility assigned in the Workforce Services Plan by the State Council on Workforce Services;

(13) carry out the responsibility assigned by Section 9-4-802 with respect to coordination of services for the homeless;

(14) carry out the responsibility assigned by Section 62A-5a-105 with respect to coordination of services for students with a disability;

(15) provide training and educational opportunities for its staff;

(16) collect child support payments and any other monies due to the department;

(17) apply the provisions of Title 78, Chapter 45, Uniform Civil Liability for Support Act, to parents whose child lives out of the home in a department licensed or certified setting;

(18) establish policy and procedures in cases where the department is given custody of a minor by the juvenile court pursuant to Section 78-3a-118 ; any policy and procedures shall include:

(a) designation of interagency teams for each juvenile court district in the state;

(b) delineation of assessment criteria and procedures;

(c) minimum requirements, and timeframes, for the development and implementation of a collaborative service plan for each minor placed in department custody; and

(d) provisions for submittal of the plan and periodic progress reports to the court;

(19) carry out the responsibilities assigned to it by statute; and

(20) examine and audit the expenditures of any public funds provided to local substance abuse authorities, local mental health authorities, local area agencies on aging, and any person, agency, or organization that contracts with or receives funds from those authorities or agencies. Those local authorities, area agencies, and any person or entity that contracts with or receives funds from those authorities or area agencies, shall provide the department with any information the department considers necessary. The department is further authorized to issue directives resulting from any examination or audit to local authorities, area agencies, and persons or entities that contract with or receive funds from those authorities with regard to any public funds. If the department determines that it is necessary to withhold funds from a local mental health authority or local substance abuse authority based on failure to comply with state or federal law, policy, or contract provisions, it may take steps necessary to ensure continuity of services. For purposes of this Subsection (20) "public funds" means the same as that term is defined in Section 62A-15-102 .
    2002

62A-1-112 Participation in federal programs - Federal grants - Authority of executive director.

(1) The executive director, with the approval of the governor, may accept on behalf of this state, and bind the state by such acceptance, any executive or legislative provision promulgated or enacted by the federal government or by any agency thereof, whereby the state of Utah is invited, permitted, or authorized to participate in the distribution, disbursement, or administration of any fund or service, which is advanced, offered or contributed in whole or in part by the federal government for purposes consistent with the powers and duties of the department.

(2) Wherever state law authorizes a board, director, division, or office of the department to accept any grant, fund, or service which is to be advanced or contributed in whole or in part by the federal government, that acceptance shall be subject to the approval or disapproval of the executive director. All applications for federal grants or other federal financial assistance for the support of any department program is subject to the approval of the executive director.

(3) If any executive or legislative provision of the federal government so requires, as a condition to participation by this state in any fund, property, or service, the executive director, with the governor's approval, shall expend whatever funds are necessary out of the moneys provided by the Legislature for use and disbursement by that department.
    1988

62A-1-113 Department budget - Reports from divisions.

The department shall prepare and submit to the governor, for inclusion in his budget to be submitted to the Legislature, a budget of the department's financial requirements needed to carry out its responsibilities, as provided by law during the fiscal year following the Legislature's next Annual General Session. The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.
    1988

62A-1-114 Department is state agency for specified federal programs - Development of state plans and programs.

(1) The department shall be the social services authority of the state, and shall be the sole state agency for administration of federally-assisted state programs or plans such as the social services block grant, low income energy assistance program block grant, alcohol, drug, and mental health block grant, child welfare, refugee assistance, and state programs supported under the Older Americans Act, 42 U.S.C. Sections 3001 et seq.

(2) State plans and programs administered by the department shall be developed in the appropriate divisions and offices of the department, in accordance with the policy of the appropriate boards, and are subject to approval or change by the executive director to achieve coordination, efficiency, or economy.
    1997

62A-1-115 Actions on behalf of department - Party in interest.

The executive director, each of the department's boards, divisions, offices, and the director of each division or office, shall, in the exercise of any power, duty, or function under any statute of this state, is considered to be acting on behalf of the department. The department, through the executive director or through any of the department's boards, divisions, offices, or directors, shall be considered the party in interest in all actions at law or in equity, where the department or any constituent, board, division, office, or official thereof is authorized by any statute of the state to be a party to any legal action.
    1988

62A-1-117 Assignment of support - Children in state custody.

(1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days.

(2) The department has the right to receive payment for child support assigned to it under Subsection (1).

(3) The Office of Recovery Services is the payee for the department for payment received under this section.
    1997

62A-1-118 Access to abuse and neglect information to screen employees and volunteers.

(1) With respect to department employees and volunteers, the department may only access information in the Division of Child and Family Service's Management Information System created by Section 62A-4a-116 and the Division of Aging and Adult Services database created by Section 62A-3-311.1 for the purpose of determining at the time of hire and each year thereafter whether a department employee or volunteer has an adjudication of abuse or neglect or since January 1, 1994, a substantiated finding of abuse or neglect after notice and an opportunity for a hearing consistent with Title 63, Chapter 46b, Administrative Procedures Act, but only if identification as a possible perpetrator of abuse or neglect is directly relevant to the employment or volunteer activities of that person.

(2) A department employee or volunteer to whom Subsection (1) applies shall submit to the department his name and other identifying information upon request.

(3) The department shall process the information to determine whether the employee or volunteer has a substantiated finding of child abuse or neglect.

(4) The department shall adopt rules defining permissible and impermissible work-related activities for a department employee or volunteer with one or more substantiated findings of abuse or neglect.
    2002

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