26B-2-107. Administrative inspections.

678 words·~3 min read·/ut/title-26b/chapter-2/26b-2-107·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(1)As used in this section:

(a)"Foster home" does not include a residence that is licensed or certified for proctor care or care by a professional parent.

(b)"Material change" means a significant change in circumstances that may include:

(i)a loss or gain of employment;

(ii)a change in marital status;

(iii)a change of individuals living in the home; or

(iv)other changes that may affect a foster child's well-being.

(a)Subject to Subsections (2)(b) and (3), the office may, for the purpose of ascertaining compliance with this part, enter and inspect on a routine basis the facility or program of a licensee.

(i)The office shall enter and inspect a congregate care program at least once each calendar quarter.

(ii)At least two of the inspections described in Subsection (2)(b)(i) shall be unannounced.

(iii)The division shall verify whether a congregate care program maintains strict compliance with the program's approved admissions criteria under Section 26B-2-124 at least quarterly.

(c)If another government entity conducts an inspection that is substantially similar to an inspection conducted by the office, the office may conclude the inspection satisfies an inspection described in Subsection (2)(b).

(a)Except as provided in Subsection (3)(b):

(i)for the first two years of a foster home's license, the division shall enter and inspect the facility once each year;

(ii)after a foster home has been licensed for two years, the division shall enter and inspect the facility once every three years; and

(iii)for a foster home licensed for two or more years as of May 1, 2023, and that was inspected by the office on or after May 1, 2023, the office may not enter and inspect the facility until three years after the date of the last inspection.

(i)If a foster home has not had a placement for more than 12 months after the date of the office's last inspection, the office shall enter and inspect the home within 30 days after the date on which the foster home receives a new placement.

(ii)If the license for a foster home is placed on conditions, suspended, or revoked by the office, or voluntarily returned to the office by the licensee, the office may enter and inspect the home on a routine basis.

(iii)If there is a material change to a foster home:

(A)the foster parent shall immediately notify the office of the material change; and

(B)the office shall inspect the foster home as soon as practicable after receiving notice of or otherwise becoming aware of the material change.

(iv)If a health and safety concern is reported to the office, the office may conduct an unannounced inspection of the foster home during regular business hours.

(c)Except as provided in Subsection (3)(b)(iv), an inspection of a foster home shall be announced.

(4)Before conducting an inspection under Subsection

(2)or (3), the office shall, after identifying the person in charge:

(a)give proper identification;

(b)request to see the applicable license;

(c)describe the nature and purpose of the inspection; and

(d)if necessary, explain the authority of the office to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 26B-2-707 .

(5)In conducting an inspection under Subsection

(2)or (3), the office may, after meeting the requirements of Subsection (4):

(a)inspect the physical facilities;

(b)inspect and copy records and documents;

(c)interview officers, employees, clients, family members of clients, and others; and

(d)observe the licensee in operation.

(6)An inspection conducted under Subsection

(2)shall be during regular business hours and may be announced or unannounced.

(7)The licensee shall make copies of inspection reports available to the public upon request.

(8)The provisions of this section apply to on-site inspections and do not restrict the office from contacting family members, neighbors, or other individuals, or from seeking information from other sources to determine compliance with this part.

Amended by Chapter 63 , 2025 General Session