This rule establishes guidelines and procedures for Assisted Outpatient Treatment (AOT) court orders in Utah, which provide court-supervised community mental health treatment for individuals with a history of non-compliance, repeated psychiatric hospitalizations, or arrests related to mental illness. It outlines requirements for individualized treatment plans, clinician responsibilities, and the roles of Local Mental Health Authorities (LMHAs) in tracking clients. The rule also specifies the process for obtaining, renewing, and discharging AOT court orders through the civil court system. Operators must ensure treatment plans are personalized, evidence-based, and continuously assessed for progress.
View official sourceR523. Health and Human Services, Substance Use and Mental Health. R523-23. Assisted Outpatient Treatment Court Orders. R523-23-1. Authority. (1) This rule establishes guidelines, procedures and standards for the use, and tracking of Assisted Outpatient Treatment (AOT) court orders described in Section 26B-5-351 as allowed in Subsection 26B-5-104(2). R523-23-2. Purpose. (1) This rule is enacted for the purpose of clarifying the use of AOT court orders by outlining the process for obtaining, renewing, and discharging AOT court orders, and creating standards and guidelines for the use of AOT court orders. R523-23-3. Definitions. As used in this rule: (1) "Assisted Outpatient Treatment (AOT)" means court-supervised mental health treatment within the community for individuals with a prior history of non-compliance with community based treatment, and repeated psychiatric hospitalizations, or arrests associated with the person's mental illness. (2) "Designated examiner (DE)" means: (a) a licensed physician, preferably a psychiatrist, who is designated by the Division of Integrated Healthcare (division) as specially qualified by training or experience in the diagnosis of mental or related illness, or (b) a licensed mental health professional designated by the division as specially qualified by training, and who has at least five years continual experience in the treatment of mental illness. R523-23-4. General Provisions and Minimum Standards of Care. (1) An AOT court order shall comply with Section 26B-5-351, and include the following: (a) an individualized treatment plan that provides case management, and an outline of services that have been deemed most pertinent to the care of the client, (b) personalized services that are flexible enough to meet the client's changing needs, and not written in a boilerplate format, and (c) a treatment plan that is executed with sufficient service time, and adequate number of contacts as needed to provide the client with the best possible outcomes for successful reintegration into society. (2) The AOT clinician shall provide the client with a full explanation of each available service to help increase engagement, and retention through the intervention process. (3) The AOT clinician shall take into account the client's choice with regard to participation in services when developing the treatment plan. (4) The AOT clinician shall continuously assessed AOT services to ensure that progress towards the individualized outcomes in the service plan is being achieved. (5) Services provided under an AOT court order shall include any indicated or available evidence-based practices. (6) Each Local Mental Health Authority (LMHA) shall have an identified staff member responsible for tracking each client under an AOT court order. R523-23-5. Obtaining an AOT Court Order. (1) An AOT court order shall be issued to a behavioral health provider when: (a) the criteria as listed under Section 26B-5-351 are met, and (b) the order has been reviewed, and signed by a judge or mental health commissioner, and the order is filed with the court. (2) When an individual is receiving services from a provider other than a LMHA, the LMHA in the court's jurisdiction shall work with the provider to track treatment, and progress of the individual, including providing information regarding progress to the courts. (3) When an AOT court order is recommended by a DE, a written report shall be provided by the DE to the civil court. R523-23-6. Request For Discharge of an AOT Court Order. (1) A request to discharge a court order may be filed by the LMHA at any time that the client no longer meets criteria as listed under Section 26B-5-351, and the request for discharge is agreed upon by the LMHA and the client in treatment. (2) The appropriate form shall be filed with the court prior to the review hearing. KEY: assisted outpatient treatment court orders, AOT court orders Date of Last Change: June 19, 2025 Notice of Continuation: September 25, 2025 Authorizing, and Implemented or Interpreted Law: 26B-5-104(2); 26B-5-351