Current through Register Vol. 30, No. 38, September 20, 2024
A. Within
three calendar days before or at the time of acceptance into a sober living
home, an individual requesting to be a resident of the sober living home shall
provide proof of sobriety to the manager of the sober living home.
B. A manager shall not accept or retain an
individual as a resident of a sober living home if the individual:
1. Is not at least 18 years of age,
2. Cannot provide proof of sobriety,
or
3. Needs more support to
maintain sobriety than is within the scope of services for the sober living
home.
C. Before or at
the time of an individual's acceptance by a sober living home, a manager shall
ensure that there is a documented residency agreement between the individual
and the sober living home that includes:
1.
The individual's name;
2. The name
and phone number of an emergency point of contact, which may be a family member
or another individual designated by the individual;
3. Information about the individual's:
a. Length of sobriety;
b. History of previous recovery activities;
and
c. Source of referral to the
sober living home, if applicable;
4. Terms of occupancy, including:
a. Date of occupancy or expected date of
occupancy,
b. Resident
responsibilities, and
c.
Responsibilities of the sober living home;
5. The consequences of a loss of
sobriety;
6. A description of the
room for the individual to occupy;
7. A list of the services to be provided by
the sober living home to a resident;
8. The fees to be charged to the individual
for residency in the sober living home;
9. A list of the services available from the
sober living home at an additional fee or charge and the associated fees or
charges;
10. The policy for
refunding fees, charges, or deposits;
11. The policy and procedure for a resident
to terminate residency, including terminating residency because services were
not provided to the resident according to the residency agreement;
12. The policy and procedure for a sober
living home to terminate residency;
13. A statement that a resident has a right
to file a complaint about the sober living home, manager, or licensee and a
description of the complaint process;
14. A statement that a resident is expected
to:
a. Comply with the terms of the residency
agreement and requirements established for residents according to
R9-12-201(B)(2)(a)(iii) or R9-12-201(B)(3)(j);
b. Maintain sobriety; and
c. Participate in activities to improve life
skills, support independent living, and promote recovery:
i. Such as a treatment program, a self-help
group, or another program to support sobriety and recovery; and
ii. That may include job training, school, or
looking for a job;
15. A statement that a sober living home may
not require an individual to relinquish the individual's public assistance
benefits, such as medical assistance, case assistance, or supplemental
nutrition assistance program benefits, as a condition of residency;
16. A statement that a sober living home must
notify a family member or other emergency contact of the individual, according
to R9-12-201(E)(1), if the individual:
a. Dies
while a resident of the sober living home,
b. Has an illness or injury that requires
immediate intervention by an emergency medical services provider or treatment
by a health care provider,
c.
Appears to be incapable of handling financial affairs, or
d. Is not complying with the residency
agreement;
17. The name
and contact information for the individual or business organization controlling
the sober living home;
18. The
signature of the individual and the date signed; and
19. The manager's signature and date
signed.
D. A manager
shall:
1. Before or at the time of an
individual's acceptance by a sober living home, provide to the resident or
resident's representative a copy of:
a. The
residency agreement in subsection (C), and
b. Resident's rights; and
2. Maintain the original of the
residency agreement in subsection (C) in the resident's record.
E. A manager may terminate
residency of a resident as follows:
1. Without
notice, if the resident exhibits behavior that is an immediate threat to the
health and safety of the resident or other individuals in a sober living
home;
2. With a seven-calendar-day
written notice of termination of residency:
a.
For nonpayment of fees, charges, or deposit; or
b. Under the conditions in subsection (B)(3);
or
3. With a
14-calendar-day written notice of termination of residency, for any other
reason.
F. A manager
shall ensure that a written notice of termination of residency includes:
1. The date of notice;
2. The reason for termination of
residency;
3. If termination of
residency is because the resident needs more support to maintain sobriety than
is within the scope of services for the sober living home, a description of why
the sober living home cannot meet the resident's needs;
4. The policy for refunding fees, charges, or
deposits; and
5. The deposition of
a resident's fees, charges, and deposits.