Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 468 (2018GS)

Sponsor

Rep. Ray, P.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• creates a registration process within the Department of Commerce for a residential, vocational and life skills program;
• regulates the operations of a residential, vocational and life skills program; and
• makes technical corrections.

Every vote on this bill

Bill text

RESIDENTIAL VOCATIONAL AND LIFE SKILLS
PROGRAM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul Ray
Senate Sponsor: 
Evan J. Vickers
LONG TITLE
General Description:
This bill creates a registration process for a residential, vocational and life skills
program.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ creates a registration process within the Department of Commerce for a residential,
vocational and life skills program;
▸ regulates the operations of a residential, vocational and life skills program; and
▸ makes technical corrections.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-2-1
, as last amended by Laws of Utah 2017, Chapter 98
62A-2-101
, as last amended by Laws of Utah 2017, Chapters 29, 148, and 209
ENACTS:
13-53-101
, Utah Code Annotated 1953
13-53-102
, Utah Code Annotated 1953
13-53-103
, Utah Code Annotated 1953
13-53-104
, Utah Code Annotated 1953
13-53-105
, Utah Code Annotated 1953
13-53-106
, Utah Code Annotated 1953
13-53-107
, Utah Code Annotated 1953
13-53-108
, Utah Code Annotated 1953
13-53-109
, Utah Code Annotated 1953
13-53-110
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
13-2-1
 is amended to read:
13-2-1.
Consumer protection division established -- Functions.
(1) There is established within the Department of Commerce the Division of Consumer
Protection.
(2) The division shall administer and enforce the following:
(a) Chapter 5, Unfair Practices Act;
(b) Chapter 10a, Music Licensing Practices Act;
(c) Chapter 11, Utah Consumer Sales Practices Act;
(d) Chapter 15, Business Opportunity Disclosure Act;
(e) Chapter 20, New Motor Vehicle Warranties Act;
(f) Chapter 21, Credit Services Organizations Act;
(g) Chapter 22, Charitable Solicitations Act;
(h) Chapter 23, Health Spa Services Protection Act;
(i) Chapter 25a, Telephone and Facsimile Solicitation Act;
(j) Chapter 26, Telephone Fraud Prevention Act;
(k) Chapter 28, Prize Notices Regulation Act;
(l) Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act;
(m) Chapter 34, Utah Postsecondary Proprietary School Act;
(n) Chapter 34a, Utah Postsecondary School State Authorization Act;
(o) Chapter 39, Child Protection Registry;
(p) Chapter 41, Price Controls During Emergencies Act;
(q) Chapter 42, Uniform Debt-Management Services Act;
(r) Chapter 49, Immigration Consultants Registration Act; [
and
]
(s) Chapter 51, Transportation Network Company Registration Act[
.
]
; and
(t) Chapter 53, Residential, Vocational and Life Skills Program Act.
Section 2. Section 
13-53-101
 is enacted to read:
CHAPTER 53. RESIDENTIAL, VOCATIONAL AND LIFE SKILLS PROGRAM 
ACT
 13-53-101.
Title.
This chapter is known as the "Residential, Vocational and Life Skills Program Act."
Section 3. Section 
13-53-102
 is enacted to read:
 13-53-102.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Consumer Protection.
(2) "Human services program" means the same as that term is defined in Section
62A-2-101
.
(3) "Participant" means an individual who:
(a) resides at a residential, vocational and life skills program facility;
(b) receives from the residential, vocational and life skills program:
(i) vocational training; or
(ii) life skills training; and
(c) does not receive monetary compensation from the residential, vocational and life
skills program.
(4) "Proprietary school" means the same as that term is defined in Section 
13-34-102
.
(5) "Residential, vocational and life skills program" means a program that:
(a) is operated by a nonprofit corporation, as defined in Section 
16-6a-102
;
(b) does not accept local, state, or federal government funding, government grant
money, or any other form of government assistance to operate or provide services or training;
(c) operates on a mutually voluntary basis with each participant;
(d) houses at a program facility in this state participants who are unrelated to an owner
or a manager of the program facility without charging money for lodging, food, clothing, or
training;
(e) may house transitional graduates for a fee;
(f) provides vocational training to participants;
(g) provides life skills training to participants;
(h) maintains a director or senior staff member at a program facility at all times when
the facility is in use;
(i) does not provide mental health services;
(j) does not provide substance use disorder treatment;
(k) does not accept payment from an insurance provider for a participant;
(l) does not award a degree, diploma, or other educational credential commensurate
with a degree or diploma;
(m) does not hold itself out as a human services program; and
(n) does not hold itself out as a proprietary school.
(6) "Transitional graduate" means an individual who:
(a) graduated from a residential, vocational and life skills program;
(b) continues to reside at the residential, vocational and life skills program facility; and
(c) is employed by an entity not directly affiliated with the residential, vocational and
life skills program.
(7) "Vocational training entity" is a commercial entity where a participant receives
vocational training.
Section 4. Section 
13-53-103
 is enacted to read:
 13-53-103.
Registration of a residential, vocational and life skills program.
(1) An owner or a manager of a residential, vocational and life skills program shall
annually register the residential, vocational and life skills program with the division.
(2) An application for registration shall be on a form approved by the division and shall
require:
(a) the name, address, telephone number, email address, website, and facsimile
number, if any, of the nonprofit corporation operating the residential, vocational and life skills
program;
(b) the name and address of the registered agent of the corporation operating the
residential, vocational and life skills program;
(c) the name, address, telephone number, email address, website, and facsimile
number, if any, of the residential, vocational and life skills program;
(d) the name and address of any entity that controls, is controlled by, or is affiliated
with the residential, vocational and life skills program;
(e) the name and residential address of any officer, director, manager, or administrator
of the residential, vocational and life skills program;
(f) the name, address, telephone number, email address, website, and facsimile number,
if any, of any vocational training entity affiliated with the residential, vocational and life skills
program;
(g) a disclosure indicating whether any officer, director, or administrator of the
residential, vocational and life skills program has been the subject of an administrative action
by the division;
(h) a disclosure indicating whether any officer, director, or administrator of the
residential, vocational and life skills program has been convicted of a felony or a crime of
moral turpitude within the previous 10 years;
(i) if the organization is a charitable organization, as defined by Section 
13-22-2
, a
copy of the charitable organization's registration or exemption;
(j) financial information described in Subsection 
13-53-108
(1);
(k) proof of a commercial general liability and umbrella insurance policy providing at
least a $1,000,000 per occurrence limit of liability;
(l) a copy of the disclosure required under Section 
13-53-106
;
(m) evidence that the applicant meets the description of a residential, vocational and
life skills program under Subsection 
13-53-102
(5); and
(n) additional information that the division requires, as provided in administrative rule.
(3) A residential, vocational and life skills program is registered on the day that the
division issues the registration.
(4) The division's issuance of a registration for a residential, vocational and life skills
program does not constitute the state's or the division's endorsement or approval of the
residential, vocational and life skills program.
(5) An applicant for the registration of a residential, vocational and life skills program
shall file a separate application and pay a separate application fee for each residential,
vocational and life skills program location.
(6) The division may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement the registration application process.
(7) The division may set fees in accordance with Section 
63J-1-504
 for a residential,
vocational and life skills program registration application.
Section 5. Section 
13-53-104
 is enacted to read:
 13-53-104.
Registration denial, suspension, or revocation.
(1) In accordance with Chapter 2, Division of Consumer Protection, and Title 63G,
Chapter 4, Administrative Procedures Act, the division may initiate proceedings to deny,
suspend, or revoke the registration of a residential, vocational and life skills program, if:
(a) the entity holding the registration fails to meet the description of a residential,
vocational and life skills program under Subsection 
13-53-102
(5);
(b) the operation of the residential, vocational and life skills program creates a serious
risk to public safety or welfare;
(c) the registration application or any supplemental information required by the
division is incomplete, false, misleading, or filed in an untimely manner;
(d) the residential, vocational and life skills program or an individual described in
Subsection 
13-53-103
(2)(e) causes or allows to occur a violation of any provision of municipal,
state, or federal law, including an administrative rule made under this chapter;
(e) (i) an individual described in Subsection 
13-53-103
(2)(e) is convicted of a felony or
a crime of moral turpitude within the previous 10 years; and
(ii) the residential, vocational and life skills program does not have adequate controls
to minimize associated risks to the participants of the residential, vocational and life skills
program and to the public; or
(f) the residential, vocational and life skills program fails to pay an administrative fine
that the division lawfully imposes on the residential, vocational and life skills program.
(2) The division may place reasonable limits upon a residential, vocational and life
skills program's operations, if:
(a) the division has reasonable concerns about the residential, vocational and life skills
program's ability to comply with this chapter; and
(b) the limitation is reasonably calculated to protect the interests of the public or the
participants of the residential, vocational and life skills program.
(3) When the demands of public safety permit, the division shall allow a residential,
vocational and life skills program a reasonable amount of time to remedy a violation under this
chapter before the division suspends or revokes a registration.
(4) The division may require an individual described in Subsection 
13-53-103
(2)(e) to
submit to a criminal background check, at the individual's expense or the expense of the
residential, vocational and life skills program.
Section 6. Section 
13-53-105
 is enacted to read:
 13-53-105.
Prohibited acts.
A residential, vocational and life skills program may not:
(1) operate without a registration issued under Section 
13-53-103
;
(2) utilize any behavioral intervention that is not peer-led or that uses the services of
any professional or any person purporting to be a professional;
(3) accept a participant before providing to the participant the disclosure described in
Section 
13-53-106
; or
(4) use physical force or permit the use of physical force.
Section 7. Section 
13-53-106
 is enacted to read:
 13-53-106.
Disclosure to participants.
(1) Before accepting a participant, a residential, vocational and life skills program shall
provide to the prospective participant a written disclosure.
(2) The written disclosure shall include:
(a) a statement that the program is a registered residential, vocational and life skills
program, but that the residential, vocational and life skills program is not endorsed by the state
or the division;
(b) a statement that the prospective participant's continuation in the program is
voluntary and that a participant may leave at any time;
(c) the conditions under which a participant is removed from the residential, vocational
and life skills program or required to leave a program facility;
(d) a statement that the residential, vocational and life skills program will contact Adult
Probation and Parole, if required by law; and
(e) a description of:
(i) the lodging, food, clothing, and other resources that are available to a participant;
(ii) the nature and scope of the residential, vocational and life skills program, including
any activities or work that a participant is required to perform;
(iii) the scope and substance of peer-led activities;
(iv) the types of vocational training available to a participant, including the limitations
on availability;
(v) the nature and extent of possible exposure to profanity, accusation, confrontation,
nonphysical threats, or nonphysical corrective interaction;
(vi) the terms of any prohibition from contact with a participant's family, friends, or
associates; and
(vii) any crimes committed within the previous two years at the residential, vocational
and life skills program facility or at a vocational training entity affiliated with the residential,
vocational and life skills program.
Section 8. Section 
13-53-107
 is enacted to read:
 13-53-107.
Participant screening.
(1) A residential, vocational and life skills program shall interview and screen all
prospective participants for medical prescriptions, physical and mental health history, and
recent alcohol or drug use.
(2) Unless an individual obtains a medical clearance from a physician, a residential,
vocational and life skills program may not have as a participant an individual who:
(a) has a recent diagnosis of a mental, social, psychiatric, or psychological illness; or
(b) has an active prescription for medication for a mental, social, psychiatric, or
psychological illness.
(3) A residential, vocational and life skills program may not admit a minor.
Section 9. Section 
13-53-108
 is enacted to read:
 13-53-108.
Financial requirements.
(1) When applying for registration under Subsection 
13-53-103
(2), an applicant shall
demonstrate fiscal responsibility by providing evidence to the division that the residential,
vocational and life skills program:
(a) is financially sound; and
(b) reasonably has the fiscal ability to fulfill commitments and obligations to the
participants of the residential, vocational and life skills program.
(2) Evidence acceptable to satisfy the requirement described in Subsection (1)
includes:
(a) for a residential, vocational and life skills program that has been in operation less
than one fiscal year:
(i) pro forma financial statements until further information described in Subsection
(2)(b) is available; and
(ii) a commercial credit report for the residential, vocational and life skills program; or
(b) for a residential, vocational and life skills program that has completed a fiscal year,
and as soon as the residential, vocational and life skills program completes its first fiscal year:
(i) a current financial statement, with all applicable footnotes, for the most recent fiscal
year, including a balance sheet, a statement of income, a statement of retained earnings, and a
statement of cash flow; and
(ii) a certified fiscal audit of the residential, vocational and life skills program's
financial statement, performed by a certified or licensed public accountant.
(3) In evaluating a residential, vocational and life skills program's fiscal responsibility,
the division may consider:
(a) any judgment, tax lien, collection action, bankruptcy schedule, or history of late
payments to creditors;
(b) documentation showing the resolution of a matter described in Subsection (3)(a);
(c) the residential, vocational and life skills program's explanation for a matter
described in Subsection (3)(a);
(d) a guarantee agreement provided for the residential, vocational and life skills
program; and
(e) history of a prior entity that:
(i) is owned or operated by any individual who is an officer, a director, or an
administrator of the residential, vocational and life skills program; and
(ii) has failed to maintain fiscal responsibility.
(4) The division may require evidence of financial status at other times when it is in the
best interest of the program participants to require the information.
(5) The division may perform a fiscal audit of a residential, vocational and life skills
program.
(6) A residential, vocational and life skills program shall develop and maintain
adequate internal controls for receipt, management, and disbursement of money that are
reasonable in light of the residential, vocational and life skills program's organizational
complexity.
Section 10. Section 
13-53-109
 is enacted to read:
 13-53-109.
Discontinuance of operations.
(1) A residential, vocational and life skills program that is closing shall adopt a plan for
the provision of food, shelter, and clothing for at least 30 days from the date of closure to
participants displaced by the closure.
(2) At least 30 days before the day on which the residential, vocational and life skills
program will close, the residential, vocational and life skills program shall provide written
notice to the division of:
(a) the intended date of closure; and
(b) the plan described in Subsection (1).
Section 11. Section 
13-53-110
 is enacted to read:
 13-53-110.
Enforcement.
(1) The division may investigate facilities and enforce this chapter under the authority
described in Chapter 2, Division of Consumer Protection.
(2) To monitor the welfare of participants and transitional graduates, if any, and to
monitor the safe operation of a residential, vocational and life skills program, the division
shall:
(a) annually perform an on-site inspection of a registered residential, vocational and
life skills program;
(b) refer each concern that the division identifies during the on-site inspection to the
state or municipal entity responsible for the area of concern; and
(c) coordinate with each relevant state and municipal entity to monitor the residential,
vocational and life skills program's compliance with the entity's relevant health and safety
regulations.
(3) In addition to penalties established by this chapter and in addition to the
enforcement authority described in Chapter 2, Division of Consumer Protection, the division
may:
(a) issue a cease and desist order;
(b) impose an administrative fine of up to $2,500 for each violation of this chapter; and
(c) seek injunctive relief in a court of competent jurisdiction.
(4) All money received from fines imposed under this section shall be deposited into
the Consumer Protection Education and Training Fund, created in Section 
13-2-8
.
Section 12. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(2) "Applicant" means a person who applies for an initial license or a license renewal
under this chapter.
(3) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(3)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(4) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (4)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection (29)(a); or
(B) provides the treatment or services described in Subsection (29)(a) on a limited
basis, as described in Subsection (4)(b)(ii).
(b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
services described in Subsection (29)(a) on a limited basis if:
(A) the treatment or services described in Subsection (29)(a) are provided only as an
incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection (29)(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection (29)(a).
(c) "Boarding school" does not include a therapeutic school.
(5) "Child" means a person under 18 years of age.
(6) "Child placing" means receiving, accepting, or providing custody or care for any
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(7) "Child-placing agency" means a person that engages in child placing.
(8) "Client" means an individual who receives or has received services from a licensee.
(9) "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
(10) "Department" means the Department of Human Services.
(11) "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
(12) "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(13) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
(14) "Director" means the director of the Office of Licensing.
(15) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(16) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of
domestic violence.
(17) "Elder adult" means a person 65 years of age or older.
(18) "Executive director" means the executive director of the department.
(19) "Foster home" means a residence that is licensed or certified by the Office of
Licensing for the full-time substitute care of a child.
(20) (a) "Human services program" means a:
(i) foster home;
(ii) therapeutic school;
(iii) youth program;
(iv) resource family home;
(v) recovery residence; or
(vi) facility or program that provides:
(A) secure treatment;
(B) inpatient treatment;
(C) residential treatment;
(D) residential support;
(E) adult day care;
(F) day treatment;
(G) outpatient treatment;
(H) domestic violence treatment;
(I) child-placing services;
(J) social detoxification; or
(K) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include
:
(i)
 a boarding school[
.
]
; or
(ii) a residential, vocational and life skills program, as defined in Section 
13-53-102
.
(21) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(22) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
(23) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(24) "Licensee" means an individual or a human services program licensed by the
office.
(25) "Local government" means a city, town, metro township, or county.
(26) "Minor" has the same meaning as "child."
(27) "Office" means the Office of Licensing within the Department of Human Services.
(28) "Outpatient treatment" means individual, family, or group therapy or counseling
designed to improve and enhance social or psychological functioning for those whose physical
and emotional status allows them to continue functioning in their usual living environment.
(29) (a) "Recovery residence" means a home, residence, or facility that meets at least
two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a
substance abuse disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance abuse disorder;
(iii) provides or arranges for residents to receive services related to their recovery from
a substance abuse disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support; or
(iii) a home, residence, or facility, in which:
(A) residents, by their majority vote, establish, implement, and enforce policies
governing the living environment, including the manner in which applications for residence are
approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the
living environment.
(30) "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
(31) (a) "Residential support" means arranging for or providing the necessities of life
as a protective service to individuals or families who have a disability or who are experiencing
a dislocation or emergency that prevents them from providing these services for themselves or
their families.
(b) "Residential support" includes providing a supervised living environment for
persons with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of residential support.
(d) "Residential support" does not include:
(i) a recovery residence; or
(ii) residential services that are performed:
(A) exclusively under contract with the Division of Services for People with
Disabilities; or
(B) in a facility that serves fewer than four individuals.
(32) (a) "Residential treatment" means a 24-hour group living environment for four or
more individuals unrelated to the owner or provider that offers room or board and specialized
treatment, behavior modification, rehabilitation, discipline, emotional growth, or habilitation
services for persons with emotional, psychological, developmental, or behavioral dysfunctions,
impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
(33) "Residential treatment program" means a human services program that provides:
(a) residential treatment; or
(b) secure treatment.
(34) (a) "Secure treatment" means 24-hour specialized residential treatment or care for
persons whose current functioning is such that they cannot live independently or in a less
restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on residents
with neither their consent nor control.
(35) "Social detoxification" means short-term residential services for persons who are
experiencing or have recently experienced drug or alcohol intoxication, that are provided
outside of a health care facility licensed under Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
(36) "Substance abuse treatment program" means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection (36)(a) to persons
with:
(i) a diagnosed substance abuse disorder; or
(ii) chemical dependency disorder.
(37) "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
(38) "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
(39) "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
(40) (a) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may or may not provide host homes or other arrangements for overnight
accommodation of the youth;
(iv) may or may not provide all or part of its services in the outdoors;
(v) may or may not limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.