26B-6-607. Temporary emergency commitment -- Observation and evaluation.

490 words·~2 min read·/ut/title-26b/chapter-6/26b-6-607

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

Effective 5/7/2025

(1)An individual with an intellectual disability or related condition may be committed to the division on an emergency basis upon certification by a designated intellectual disability professional stating that the designated intellectual disability professional:

(a)has examined the individual within a three-day period, excluding Saturdays, Sundays, and state holidays, immediately preceding the certification; and

(b)is of the opinion that the individual has an intellectual disability or related condition, and that because of the individual's intellectual disability or related condition is a substantial danger to self or others.

(2)If the individual in need of commitment is not placed in the custody of the director or the director's designee by the person submitting the certification, the director or the director's designee may certify, either in writing or orally that the individual is in need of immediate commitment to prevent posing substantial danger to self or others.

(3)Upon receipt of the certification required by Subsection

(2), a peace officer may transport the individual to a placement designated by the division.

(a)An individual committed under this section may be held for a maximum of 10 days, after which the individual shall be released unless proceedings for involuntary commitment have been commenced under Section 26B-6-608 .

(b)If proceedings for involuntary commitment have been commenced, an emergency order under this section remains in effect until:

(i)the division determines that the conditions justifying commitment no longer exist; or

(ii)a court order is issued pursuant to Section 26B-6-608 .

(a)If an individual is committed to the division under this section, the director or the director's designee shall immediately give notice of the commitment to the individual's legal guardian, if known.

(i)Immediately after an individual is committed to the division under this section, the division shall inform the individual, orally and in writing, of the individual's right to communicate with an attorney.

(ii)If the individual desires to communicate with an attorney, the division shall take immediate steps to assist the individual in contacting and communicating with an attorney.

(a)The division shall provide discharge instructions to each individual committed under this section at or before the time the individual is discharged from the custody of the division, regardless of whether the individual is discharged by being released or under other circumstances.

(b)Discharge instructions provided under Subsection (6)(a) shall include:

(i)the phone number to call or text for a crisis services hotline, and information about the availability of peer support services; and

(ii)information about how to contact the division if needed.

(c)The division shall attempt to follow up with a discharged individual at least 48 hours after discharge, and may use peer support professionals when performing follow-up care or developing a continuing care plan.

Amended by Chapter 46 , 2025 General Session

Amended by Chapter 118 , 2025 General Session