62A-5-206 - Powers and duties of division.
62A-5-206. Powers and duties of division.
The powers and duties of the division, with respect to the developmental center are asfollows:
(1) to establish rules, not inconsistent with law, for the government of the developmentalcenter;
(2) to receive, take, and hold property, both real and personal, in trust for the state for theuse and benefit of the developmental center;
(3) to establish rules governing the admission and discharge of persons with mentalretardation in accordance with state law;
(4) to employ necessary medical and other professional personnel to assist in establishingrules relating to the developmental center and to the treatment and training of persons withmental retardation at the center;
(5) to transfer a person who has been committed to the developmental center under Part 3of this chapter to any other facility or program operated by or under contract with the division,after careful evaluation of the treatment needs of that person, if the facilities or programsavailable meet the needs indicated, and if transfer would be in the best interest of that person. Aperson transferred shall remain under the jurisdiction of the division;
(6) the developmental center may receive a person who meets the requirements ofSubsection 62A-5-201(3) from any other facility or program operated by or under contract withthe division, after careful evaluation of the treatment needs of that person, if the facility orprograms of the developmental center meet those needs, and if transfer would be in the bestinterest of that person. A person so received by the developmental center remains under thejurisdiction of the division;
(7) to manage funds for a person residing in the developmental center, upon request bythat person's parent or guardian, or upon administrative or court order;
(8) to charge and collect a fair and equitable fee from developmental center residents,parents who have the ability to pay, or guardians where funds for that purpose are available; and
(9) supervision and administration of security responsibilities for the developmentalcenter is vested in the division. The executive director may designate, as special functionofficers, individuals to perform special security functions for the developmental center thatrequire peace officer authority. Those special function officers may not become or be designatedas members of the Public Safety Retirement System.
Amended by Chapter 79, 1996 General Session