R547-11-1. Authority and Purpose

(1) Section 26B-1-202 authorizes the Department of Health and Human Services to adopt administrative rules. Section 80-6-507 directs the Division of Juvenile Justice and Youth Services to adopt procedures by administrative rule for the transfer of a minor provisionally housed in a secure care facility to the physical custody of the Department of Corrections. (2) This rule provides oversight on the transfer of a minor provisionally housed in a division facility to a Department of Corrections facility. Transfer of physical custody to the Department of Corrections shall occur: (a) when the minor reaches 25 years of age while in a division facility; (b) prior to the minor reaching 25 years of age, if the division determines that housing the minor in a secure care facility presents unreasonable risk to others; or (c) when being housed in a secure care facility is not in the best interest of the minor.