Section 311.5 - Placement in a qualified residential treatment program -- Review hearings.

UT Code § 78A-6-311.5 (2019) (N/A)
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(1) As used in this section: (a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec. 675a. (b) "Qualified residential treatment program" means the same as that term is defined in 42 U.S.C. Sec. 672.

(a) "Qualified individual" means the same as that term is defined in 42 U.S.C. Sec. 675a.

(b) "Qualified residential treatment program" means the same as that term is defined in 42 U.S.C. Sec. 672.

(2) Within 60 days of the date when a child is placed in a qualified residential treatment program, the court shall: (a) review the assessment, determination, and documentation made by a qualified individual regarding the child; (b) determine whether the needs of the child can be met through placement in a foster home; (c) if the child's needs cannot be met through placement in a foster home, determine whether: (i) placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (ii) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and (d) approve or disapprove of the child's placement in a qualified residential treatment program.

(a) review the assessment, determination, and documentation made by a qualified individual regarding the child;

(b) determine whether the needs of the child can be met through placement in a foster home;

(c) if the child's needs cannot be met through placement in a foster home, determine whether: (i) placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (ii) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and

(i) placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and

(ii) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and

(d) approve or disapprove of the child's placement in a qualified residential treatment program.

(3) As long as a child remains placed in a qualified residential treatment program, the court shall review the placement decision at each subsequent hearing held with respect to the child.

(4) When the court conducts a review described in Subsection (3), the court shall review evidence submitted by the custodial division to: (a) demonstrate an ongoing assessment of the strengths and needs of the child such that the child's needs cannot be met through placement in a foster home; (b) demonstrate that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (c) demonstrate that placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified by the permanency plan for the child; (d) document the specific treatment or service needs that will be met for the child in the placement; (e) document the length of time the child is expected to need the treatment or services; and (f) document the efforts made by the custodial division to prepare the child to return home or transition to another setting, such as with a relative, with a friend of the child, with a legal guardian, with an adoptive parent, a foster home, or independent living.

(a) demonstrate an ongoing assessment of the strengths and needs of the child such that the child's needs cannot be met through placement in a foster home;

(b) demonstrate that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;

(c) demonstrate that placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified by the permanency plan for the child;

(d) document the specific treatment or service needs that will be met for the child in the placement;

(e) document the length of time the child is expected to need the treatment or services; and

(f) document the efforts made by the custodial division to prepare the child to return home or transition to another setting, such as with a relative, with a friend of the child, with a legal guardian, with an adoptive parent, a foster home, or independent living.