Continuity of mental health treatment and services for a foster child.
Utah Code § 80-2-310
in effect80-2-310. Continuity of mental health treatment and services for a foster child.
(1) As used in this section, "mental health therapist" means the same as that term is defined in Section 58-60-102.
(2) When a child enters the custody of the division, the division shall:
(a) determine whether the child has an existing relationship with a mental health therapist;
(b) if the child has an existing relationship with a mental health therapist, take steps to facilitate continuity of the child's mental health care with the mental health therapist, including by:
(i) contacting the mental health therapist;
(ii) facilitating the mental health therapist's enrollment as a Medicaid provider, if applicable; or
(iii) if the mental health therapist is or agrees to become enrolled as a Medicaid provider, entering into a contract or agreement, including a single case agreement, with the mental health therapist, at a rate not to exceed the Medicaid rate, to provide mental health care to the child while the child is in the custody of the division.
(3) When a child leaves the custody of the division, the division shall take steps to facilitate continuity of care with a mental health therapist providing mental health care to the child while the child was in the custody of the division, including by:
(a) with the consent of the mental health therapist, providing the name and contact information of the mental health therapist to the child's parents or guardians;
(b) coordinating with the department to continue the child's mental health care if the child or child's parents or guardians are Medicaid-eligible; and
(c) coordinating with the local mental health authority where the child resides to arrange for continued provision of mental health services, where appropriate.
(4) This section does not apply if a child in the custody of the division is placed in:
(a) a residential treatment program, as that term is defined in Section 26B-2-101;
(b) a day treatment program or partial hospitalization program; or
(c) any other facility that provides a level of care higher than traditional outpatient services where mental health treatment or services are integrated into the facility's specialized program of care.
(5) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.
Enacted by Chapter 212, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title80/Chapter2/80-2-S310.html?v=C80-2-S310_2026050620260506Fetched: 10/26/2026