Committee recommends reauthorizing residential-treatment sleeping-arrangement language; asks sponsors to exclude two rules from reauthorization

At its meeting, the Administrative Rules and General Oversight Committee recommended that sponsors of the annual reauthorization bill reauthorize a clarified rule on alternate sleeping arrangements in youth residential treatment centers and separately recommended that two other rules be removed from reauthorization and subjected to further review.

Shannon Toman Black, director of the Division of Licensing and Background Checks at the Utah Department of Health and Human Services, presented changes developed with providers to clarify when alternate sleep arrangements are permissible in residential treatment and congregate-care settings serving youth. "We brought together several provider organizations ... and we worked on amending some language just to make it really clear that we are not saying you can never have alternate sleep arrangements," Toman Black said. The staff-and-provider group identified language to require that any arrangement that separates a youth from peers be individualized, time-limited and tied to a specific clinical or safety rationale rather than used broadly as punishment or for staff convenience.

Toman Black said the agency convened a group including the National Association of Therapeutic Schools and Programs (NatSap), The Voice, the Youth Provider Association and representatives of individual providers (Live 4 Life, Alliance, Kolob Canyon, White River Academy, 3 Point Center, Sorensen's Ranch and Youth Care) and that the group reached consensus on language found in the committee packet. Provider speakers at the meeting thanked Licensing for monthly meetings and collaboration. Justin Nielsen of White River Academy and a board member of Voice Utah said the monthly meetings would have surfaced concerns earlier. Zach Bramble, representing NatSap, said the clarified language helps ensure providers comply with law while keeping kids safe.

After public comment, the committee moved to act. Representative Daley moved that the committee recommend to the sponsors of HB 75 that they reauthorize the rule and remove the rule identifier discussed from the list of rules not to be reauthorized. The motion passed unanimously.

Separately, Senator Brammer moved that the committee recommend the sponsors of HB 75 not reauthorize two specific rules so the agencies would restart the notice-and-comment process: R70-101-13 (Department of Agriculture online sales labeling requirements) and R277-700-6 (State Board of Education rule related to language-arts credit implementation). Senator Brammer said the Department of Agriculture rule went "way too far" on online labeling and industry had raised concerns that the rule would effectively hinder online sales to Utah customers. Several committee members said they support the recommendation but asked to meet with agency staff before final language is drafted and asked staff to circulate the rule text to members. The motion to recommend non-reauthorization of the two rules passed unanimously.

Votes at a glance: - Approve minutes from Dec. 19 meeting — motion: "Approve minutes from Dec. 19 meeting"; mover: not specified; outcome: approved (unanimous). - Recommend sponsors reauthorize amended residential treatment sleeping-arrangement rule (remove rule from non-reauthorization list) — motion: Representative Daley moved to recommend sponsors of HB 75 reauthorize the rule and remove the cited rule ID from the list of rules not to be reauthorized; mover: Representative Daley; outcome: approved (unanimous). - Recommend sponsors not reauthorize R70-101-13 and R277-700-6 — motion: Senator Brammer moved that the committee recommend the sponsors of HB 75 not reauthorize R70-101-13 (Department of Agriculture, online sales labeling) and R277-700-6 (State Board of Education, language-arts credit implementation); mover: Senator Brammer; outcome: approved (unanimous).

Committee members requested staff circulate the exact rule texts for the two rules flagged for non-reauthorization and to schedule follow-up meetings with the affected divisions to discuss revisions before sponsors file final language for HB 75.