36-591. Adult developmental homes; child developmental foster homes; secure facilities; licensing; applicability

A. An adult developmental home, child developmental foster home or secure facility shall be licensed pursuant to this article.

B. Group homes, except for those described in subsection E of this section shall be licensed for health and safety of the facility by the department of health services pursuant to section 36-132.

C. The division shall notify the department of health services of:

1. Service providers who enter into contracts with the division for group homes.

2. Any violation of health and safety standards observed during monitoring visits.

D. The department of health services shall immediately notify the division:

1. When a group home license has been denied, suspended or revoked.

2. Of any other licensing action taken on a group home by the department of health services.

3. Of substantiated complaints regarding health and safety.

E. The division shall ensure that state operated residential settings that are owned or leased facilities operated by the division meet the same standards as group homes unless they are certified as intermediate care facilities for the mentally retarded pursuant to 42 Code of Federal Regulations section 483.400.

F. The department shall visit each adult developmental home and child developmental foster home and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. The department shall take any action it deems necessary to carry out the duties imposed by this section including the denial of the application for licensure and the suspension or revocation of the home's license.

G. An intermediate care facility for the mentally retarded is not required to be licensed under this section if it is certified pursuant to 42 Code of Federal Regulations section 483.400.

36-591. Adult developmental homes; child developmental foster homes; secure facilities; licensing; applicability

A. An adult developmental home, child developmental foster home or secure facility shall be licensed pursuant to this article.

B. Group homes, except for those described in subsection E of this section shall be licensed for health and safety of the facility by the department of health services pursuant to section 36-132.

C. The division shall notify the department of health services of:

1. Service providers who enter into contracts with the division for group homes.

2. Any violation of health and safety standards observed during monitoring visits.

D. The department of health services shall immediately notify the division:

1. When a group home license has been denied, suspended or revoked.

2. Of any other licensing action taken on a group home by the department of health services.

3. Of substantiated complaints regarding health and safety.

E. The division shall ensure that state operated residential settings that are owned or leased facilities operated by the division meet the same standards as group homes unless they are certified as intermediate care facilities for the mentally retarded pursuant to 42 Code of Federal Regulations section 483.400.

F. The department shall visit each adult developmental home and child developmental foster home and inspect the premises used for the care of children or vulnerable adults for sanitation, fire and other actual and potential hazards. The department shall take any action it deems necessary to carry out the duties imposed by this section including the denial of the application for licensure and the suspension or revocation of the home's license.

G. An intermediate care facility for the mentally retarded is not required to be licensed under this section if it is certified pursuant to 42 Code of Federal Regulations section 483.400.