Utah Code § 26B-6-501 Definitions.
26B-6-501. Definitions.
The definitions in Section 26B-6-401 apply to this part.
Enacted by Chapter 308, 2023 General Session
Utah State Developmental Center
Utah Code tit. 26B, ch. 26B-6, pt. 26B-6-P5
in effectUtah Code § 26B-6-502 Utah State Developmental Center.
26B-6-502. Utah State Developmental Center.
(1) The intermediate care facility for people with an intellectual disability located in American Fork City, Utah County, shall be known as the "Utah State Developmental Center."
(2) Within appropriations authorized by the Legislature, the role and function of the developmental center is to:
(a) provide care, services, and treatment to persons described in Subsection (3); and
(b) provide the following services and support to persons with disabilities who do not reside at the developmental center:
(i) psychiatric testing;
(ii) specialized medical treatment and evaluation;
(iii) specialized dental treatment and evaluation;
(iv) family and client special intervention;
(v) crisis management;
(vi) occupational, physical, speech, and audiology services; and
(vii) professional services, such as education, evaluation, and consultation, for families, public organizations, providers of community and family support services, and courts.
(3) Except as provided in Subsection (6), within appropriations authorized by the Legislature, and notwithstanding the provisions of Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability, only the following persons may be residents of, be admitted to, or receive care, services, or treatment at the developmental center:
(a) persons with an intellectual disability;
(b) persons who receive services and supports under Subsection (2)(b); and
(c) persons who require at least one of the following services from the developmental center:
(i) continuous medical care;
(ii) intervention for conduct that is dangerous to self or others; or
(iii) temporary residential assessment and evaluation.
(4)
(a) Except as provided in Subsection (6), the division shall, in the division's discretion:
(i) place residents from the developmental center into appropriate less restrictive placements; and
(ii) determine each year the number to be placed based upon the individual assessed needs of the residents.
(b) The division shall confer with parents and guardians to ensure the most appropriate placement for each resident.
(5) Except as provided in Subsection (7), within appropriations authorized by the Legislature, and notwithstanding the provisions of Subsection (3) and Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability, a person who is under 18 years old may be a resident of, admitted to, or receive care, services, or treatment at the developmental center only if the director certifies in writing that the developmental center is the most appropriate placement for that person.
(6)
(a) If the division determines, pursuant to Utah's Community Supports Waiver for Individuals with Intellectual Disabilities and Other Related Conditions, that a person who otherwise qualifies for placement in an intermediate care facility for people with an intellectual disability should receive services in a home or community-based setting, the division shall:
(i) if the person does not have a legal representative or legal guardian:
(A) inform the person of any feasible alternatives under the waiver; and
(B) give the person the choice of being placed in an intermediate care facility for people with an intellectual disability or receiving services in a home or community-based setting; or
(ii) if the person has a legal representative or legal guardian:
(A) inform the legal representative or legal guardian of any feasible alternatives under the waiver; and
(B) give the legal representative or legal guardian the choice of having the person placed in an intermediate care facility for people with an intellectual disability or receiving services in a home or community-based setting.
(b) If a person chooses, under Subsection (6)(a)(i), to be placed in an intermediate care facility for people with an intellectual disability instead of receiving services in a home or community-based setting, the division shall:
(i) ask the person whether the person prefers to be placed in the developmental center rather than a private intermediate care facility for people with an intellectual disability; and
(ii) if the person expresses a preference to be placed in the developmental center:
(A) place the person in the developmental center if the cost of placing the person in the developmental center is equal to, or less than, the cost of placing the person in a private intermediate care facility for people with an intellectual disability; or
(B)
(I) strongly consider the person's preference to be placed in the developmental center if the cost of placing the person in the developmental center exceeds the cost of placing the person in a private intermediate care facility for people with an intellectual disability; and
(II) place the person in the developmental center or a private intermediate care facility for people with an intellectual disability.
(c) If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to have the person placed in an intermediate care facility for people with an intellectual disability instead of receiving services in a home or community-based setting, the division shall:
(i) ask the legal representative or legal guardian whether the legal representative or legal guardian prefers to have the person placed in the developmental center rather than a private intermediate care facility for people with an intellectual disability; and
(ii) if the legal representative or legal guardian expresses a preference to have the person placed in the developmental center:
(A) place the person in the developmental center if the cost of placing the person in the developmental center is equal to, or less than, the cost of placing the person in a private intermediate care facility for people with an intellectual disability; or
(B)
(I) strongly consider the legal representative's or legal guardian's preference for the person's placement if the cost of placing the person in the developmental center exceeds the cost of placing the person in a private intermediate care facility for people with an intellectual disability; and
(II) place the person in the developmental center or a private intermediate care facility for people with an intellectual disability.
(7) The certification described in Subsection (5) is not required for a person who receives services and support under Subsection (2)(b).
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-503 Developmental center within division.
26B-6-503. Developmental center within division.
The programs and facilities of the developmental center are within the division, and under the policy direction of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-504 Operation, maintenance, and repair of developmental center buildings and grounds.
26B-6-504. Operation, maintenance, and repair of developmental center buildings and grounds.
(1) The division shall operate, maintain, and repair the buildings, grounds, and physical properties of the developmental center. However, the roads and driveways on the grounds of the developmental center shall be maintained by the Department of Transportation.
(2) The division has authority to make improvements to the buildings, grounds, and physical properties of the developmental center, as it deems necessary for the care and safety of the residents.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-505 State Board of Education -- Education of children at developmental center.
26B-6-505. State Board of Education -- Education of children at developmental center.
(1) The State Board of Education is responsible for the education of school-aged children at the developmental center.
(2) In order to fulfill its responsibility under Subsection (1), the State Board of Education shall, where feasible, contract with local school districts or other appropriate agencies to provide educational and related administrative services.
(3) Medical, residential, and other services that are not the responsibility of the State Board of Education or other state agencies are the responsibility of the division.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-506 Powers and duties of division.
26B-6-506. Powers and duties of division.
The powers and duties of the division, with respect to the developmental center are as follows:
(1) to establish rules, not inconsistent with law, for the government of the developmental center;
(2) to establish rules governing the admission and discharge of persons with an intellectual disability in accordance with state law;
(3) to employ necessary medical and other professional personnel to assist in establishing rules relating to the developmental center and to the treatment and training of persons with an intellectual disability at the center;
(4) to transfer a person who has been committed to the developmental center under Part 6, Admission to an Intermediate Care Facility for People with an Intellectual Disability, to any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facilities or programs available meet the needs indicated, and if transfer would be in the best interest of that person. A person transferred shall remain under the jurisdiction of the division;
(5) the developmental center may receive a person who meets the requirements of Subsection 26B-6-502(3) from any other facility or program operated by or under contract with the division, after careful evaluation of the treatment needs of that person, if the facility or programs of the developmental center meet those needs, and if transfer would be in the best interest of that person. A person so received by the developmental center remains under the jurisdiction of the division;
(6) to manage funds for a person residing in the developmental center, upon request by that person's parent or guardian, or upon administrative or court order;
(7) to charge and collect a fair and equitable fee from developmental center residents, parents who have the ability to pay, or guardians where funds for that purpose are available; and
(8) supervision and administration of security responsibilities for the developmental center is vested in the division. The executive director may designate, as special function officers, individuals to perform special security functions for the developmental center that require peace officer authority. Those special function officers may not become or be designated as members of the Public Safety Retirement System.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-507 Utah State Developmental Center land and water rights.
26B-6-507. Utah State Developmental Center land and water rights.
(1) As used in this section, "long-term lease" means:
(a) a lease with a term of five years or more; or
(b) a lease with a term of less than five years that may be unilaterally renewed by the lessee.
(2)
(a) Notwithstanding Section 65A-4-1, any sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center shall be conducted as provided in this Subsection (2).
(b) The board shall:
(i) approve the sale, long-term lease, or other disposition of real property, water rights, or water shares associated with the developmental center;
(ii) secure the approval of the Legislature before offering the real property, water rights, or water shares for sale, long-term lease, or other disposition; and
(iii) if the Legislature's approval is secured, as described in Subsection (2)(b)(ii), direct the Division of Facilities Construction and Management to convey, lease, or dispose of the real property, water rights, or water shares associated with the developmental center according to the board's determination.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-508 Superintendent -- Qualifications.
26B-6-508. Superintendent -- Qualifications.
The superintendent of the developmental center, appointed in accordance with Subsection 26B-6-404(4), shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in developmental disabilities and intellectual disability.
Renumbered and Amended by Chapter 308, 2023 General Session
Utah Code § 26B-6-509 Powers and duties of superintendent.
26B-6-509. Powers and duties of superintendent.
The chief administrative officer of the developmental center is the superintendent, and has the following powers and duties:
(1) to manage the developmental center and administer the division's rules governing the developmental center;
(2) to hire, control, and remove all employees, and to fix their compensation according to state law; and
(3) with the approval of the division, to make any expenditures necessary in the performance of his duties.
Renumbered and Amended by Chapter 308, 2023 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title26B/Chapter6/26B-6-P5.html?v=C26B-6-P5_2023050320230503Fetched: 10/26/2026