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H0060aa...............................................by HEALTH AND WELFARE
CHILD CARE LICENSING - GROUP HOMES - Amends and repeals existing law to
delete references to group homes; to edit the references to children's
residential care facilities; and to provide for continued care for certain
individuals between the ages of eighteen and twenty-one years when
conditions warrant.
01/17 House intro - 1st rdg - to printing
01/18 Rpt prt - to Health/Wel
02/27 Rpt out - to Gen Ord
02/28 Rpt out amen - to engros
03/01 Rpt engros - 1st rdg - to 2nd rdg as amen
03/02 2nd rdg - to 3rd rdg as amen
03/05 3rd rdg as amen - PASSED - 62-0-8
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Field(20), Gagner, Gould,
Hadley, Hammond, Harwood, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer,
Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stone, Swan, Tilman, Trail, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Eskridge, Field(13), Henbest, Higgins,
Raybould, Stevenson, Wheeler, Wood
Floor Sponsors -- Montgomery & Jaquet
Title apvd - to Senate
03/06 Senate intro - 1st rdg - to Health/Wel
03/08 Rpt out - rec d/p - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsors -- Lodge & Darrington
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
Pres signed
03/22 To Governor
03/22 Governor signed
Session Law Chapter 93
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 60
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CHILD CARE LICENSING; AMENDING SECTIONS 16-1623, 33-1002B AND
3 33-1404, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES; AMENDING SECTION
4 36-401, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES AND TO EDIT REFER-
5 ENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES; AMENDING SECTION 39-1202,
6 IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION;
7 AMENDING SECTION 39-1205, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES,
8 TO EDIT REFERENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES AND TO DELETE
9 JUVENILE DETENTION CENTERS; REPEALING SECTION 39-1208, IDAHO CODE; AMEND-
10 ING SECTIONS 39-1210 AND 39-1211, IDAHO CODE, TO STRIKE REFERENCE TO GROUP
11 HOMES, TO EDIT REFERENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES AND TO
12 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1213, IDAHO CODE, TO
13 STRIKE REFERENCE TO GROUP HOMES, TO EDIT REFERENCE TO CHILDREN'S RESIDEN-
14 TIAL CARE FACILITIES, TO PROVIDE ADDITIONAL AUTHORITY TO THE BOARD FOR
15 PROVISION OF CONTINUED CARE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
16 SECTIONS 39-1214, 39-1216, 39-1217, 39-1220, 39-1221 AND 39-1222, IDAHO
17 CODE, TO STRIKE REFERENCE TO GROUP HOMES AND TO EDIT REFERENCE TO
18 CHILDREN'S RESIDENTIAL CARE FACILITIES.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 16-1623, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
23 conjunction with the court and other public and private agencies and persons,
24 shall have the primary responsibility to implement the purpose of this chap-
25 ter. To this end, the department is empowered and shall have the duty to do
26 all things reasonably necessary to carry out the purpose of this chapter,
27 including, but not limited to, the following:
28 (a) The department shall administer treatment programs for the protection
29 and care of neglected, abused and abandoned children, and in so doing may
30 place in foster care, shelter care, group homes or other diagnostic, treat-
31 ment, or care centers or facilities, children of whom it has been given cus-
32 tody. The department is to be governed by the standards found in chapter 12,
33 title 39, Idaho Code.
34 (b) On December 1, the department shall make an annual statistical report
35 to the governor covering the preceding fiscal year showing the number and sta-
36 tus of persons in its custody and including such other data as will provide
37 sufficient facts for sound planning in the conservation of children and youth.
38 All officials and employees of the state and of every county and city shall
39 furnish the department upon request, such information within their knowledge
40 and control as the department deems necessary. Local agencies shall report in
41 such uniform format as may be required by the department.
42 (c) The department shall be required to maintain a central registry for
43 the reporting of child neglect, abuse and abandonment information.
2
1 (d) The department shall make periodic evaluation of all persons in its
2 custody or under its supervision for the purpose of determining whether exist-
3 ing orders and dispositions in individual cases shall be modified or continued
4 in force. Evaluations may be made as frequently as the department considers
5 desirable and shall be made with respect to every person at intervals not
6 exceeding six (6) months. Reports of evaluation made pursuant to this section
7 shall be filed with the court which vested custody of the person with the
8 department. Reports of evaluation shall be provided to persons having full or
9 partial legal or physical custody of a child. Failure of the department to
10 evaluate a person or to reevaluate him within six (6) months of a previous
11 examination shall not of itself entitle the person to a change in disposition
12 but shall entitle him, his parent, guardian or custodian or his counsel to
13 petition the court pursuant to section 16-1611, Idaho Code.
14 (e) In a consultive capacity, the department shall assist communities in
15 the development of constructive programs for the protection, prevention and
16 care of children and youth.
17 (f) The department shall keep written records of investigations, evalua-
18 tions, prognosis and all orders concerning disposition or treatment of every
19 person over whom it has legal custody. Department records shall be subject to
20 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
21 ordered by the court, the person consents to the disclosure, or disclosure is
22 necessary for the delivery of services to the person. Notwithstanding the pro-
23 visions restricting disclosure or the exemptions from disclosure provided in
24 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
25 rehabilitation of youth, the protection of children, evaluation, treatment
26 and/or disposition records pertaining to the statutory responsibilities of the
27 department shall be disclosed to any duly elected state official carrying out
28 his official functions.
29 (g) The department shall establish appropriate administrative procedures
30 for the processing of complaints of child neglect, abuse and abandonment
31 received and for the implementation of the protection, treatment and care of
32 children formally or informally placed in the custody of the department under
33 this chapter.
34 (h) The department having been granted legal custody of a child, subject
35 to the judicial review provisions of this subsection, shall have the right to
36 determine where and with whom the child shall live, provided that the child
37 shall not be placed outside the state without the court's consent. Provided
38 however, that the court shall retain jurisdiction over the child, which juris-
39 diction shall be entered on any order or petition granting legal custody to
40 the department, and the court shall have jurisdiction over all matters relat-
41 ing to the child. The department shall not place the child in the home from
42 which the court ordered the child removed without first obtaining the approval
43 of the court.
44 (i) The department shall give to the court any information concerning the
45 child that the court may at any time require, but in any event shall report
46 the progress of the child under its custody at intervals of not to exceed six
47 (6) months. There shall be a rebuttable presumption that if a child is placed
48 in the custody of the department and was also placed in out of the home care
49 for a period not less than fifteen (15) out of the last twenty-two (22) months
50 from the date the child entered shelter care, the department shall initiate a
51 petition for termination of parental rights. This presumption may be rebutted
52 by a finding of the court that the filing of a petition for termination of
53 parental rights would not be in the best interests of the child or reasonable
54 efforts have not been provided to reunite the child with his family, or the
55 child is placed permanently with a relative.
3
1 (j) The department shall establish appropriate administrative procedures
2 for the conduct of administrative reviews and hearings as required by federal
3 statute for all children committed to the department and placed in out of home
4 care.
5 (k) At any time the department is considering a placement pursuant to
6 this act, the department shall make a reasonable effort to place the child in
7 the least disruptive environment to the child and in so doing may consider,
8 without limitation, placement of the child with related persons.
9 SECTION 2. That Section 33-1002B, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-1002B. PUPIL TUITION-EQUIVALENCY ALLOWANCES. 1. Districts which edu-
12 cate pupils placed by Idaho court order in licensed group homes, agencies,
13 institutions or juvenile detention facilities shall be eligible for an allow-
14 ance equivalent to the previous year's certified local annual tuition rate per
15 pupil. This district allowance shall be in addition to support unit funding
16 and included in district apportionment payments, subject to approval of dis-
17 trict applications by the state superintendent of public instruction.
18 2. Districts which educate school age special education students who, due
19 to the nature and severity of their disabilities are residing in licensed pub-
20 lic or private residential facilities or homes, and whose parents are not
21 patrons of the district, shall be eligible for an allowance equivalent to the
22 previous year's certified local annual tuition rate per child plus the excess
23 cost rate that is annually determined by the state superintendent of public
24 instruction. This district allowance shall be in addition to exceptional edu-
25 cation support unit funding and included in district apportionment payments,
26 subject to approval of district applications by the state superintendent of
27 public instruction.
28 SECTION 3. That Section 33-1404, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-1404. DISTRICTS TO RECEIVE PUPILS. Every school district shall receive
31 and admit pupils transferred thereto, where payment of their tuition is to be
32 paid by the home district, or waived by the receiving district, except when
33 any such transfer would work a hardship on the receiving district. Each
34 receiving school district shall be governed by written policy guidelines,
35 adopted by the board of trustees, which define hardship impact upon the dis-
36 trict or upon an individual school within the district. The policy shall pro-
37 vide specific standards for acceptance and rejection of applications for
38 accepting out of district pupils. Standards may include the capacity of a
39 program, class, grade level or school building. Standards may not include pre-
40 vious academic achievement, athletic or other extracurricular ability,
41 handicapping conditions, or proficiency in the English language.
42 Nonresident pupils who are placed by court order under provisions of the
43 Idaho youth rehabilitation or child protective acts and reside in licensed
44 group homes, agencies and institutions shall be received and admitted by the
45 school district in which the facility is located without payment of tuition.
46 Homeless children and youth as defined by the Stewart B. McKinney homeless
47 assistance act (P.L. 100-77), may attend any school district or school within
48 a district without payment of tuition when it is determined to be in the best
49 interest of that child.
50 SECTION 4. That Section 36-401, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
3 No person shall hunt, trap, or fish for or take any wild animal, bird or fish
4 of this state, without first having procured a license as hereinafter pro-
5 vided. Provided that no license shall be required:
6 (a) 1. For children under the age of fourteen (14) years who are resi-
7 dents of this state to fish during the open season therefor.
8 2. For nonresident children under the age of fourteen (14) years to fish
9 during the open season therefor provided they are accompanied by the
10 holder of a valid fishing license, and provided further that any fish
11 caught by such nonresident children shall be included in the bag and pos-
12 session limit of such license holder.
13 3. For resident children under the age of twelve (12) years to hunt, take
14 or kill predatory, unprotected birds and animals by means other than with
15 firearms.
16 4. For resident children under the age of fourteen (14) years to trap
17 muskrats from irrigation ditches or property on which they live during the
18 open season.
19 5. For children under the age of eighteen (18) years who are residents of
20 a licensed foster home, a foster group home, or a child welfare institu-
21 tion children's residential care facility to fish during the open season
22 therefor, provided they are accompanied and supervised by the director,
23 officer, or other employee of the facility where the child resides.
24 (b) For any person to fish on a "free fishing day" as may be designated
25 by the commission.
26 (c) Institutional Inmates. For any inmate of the state hospital north,
27 state hospital south, Idaho state school and hospital, and state veterans
28 homes to fish during open seasons, provided said inmate has a permit therefor
29 from the director. The director is authorized to issue such permits upon the
30 request of the head of the respective institution having custody of said
31 inmate upon a showing that the institution recommends the issuance of such
32 permit and will assume full responsibility for and control over said inmate
33 while using said permit.
34 (d) State Juvenile Corrections Center Students. For students of the state
35 juvenile corrections center, under the supervision of an officer of the cen-
36 ter, to fish during the open season.
37 (e) Boy Scouts. For boy scouts who are official participants in atten-
38 dance at national or international encampments at Farragut State Park to take
39 fish during the encampment period from Lake Pend Oreille in such areas and
40 such numbers as may be designated by the commission.
41 (f) Participants in Fish and Game Sponsored Functions. For persons who
42 are official participants in attendance at official department sponsored func-
43 tions including clinics, courses or other educational events, while under the
44 supervision of a department approved instructor for the function, to fish dur-
45 ing any open season, provided that the instructor has been issued an educa-
46 tional fishing permit by the director.
47 (g) Nothing contained herein shall be construed to prohibit citizens of
48 the United States who are residents of the state of Idaho from carrying arms
49 for the protection of life and property.
50 SECTION 5. That Section 39-1202, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 39-1202. DEFINITIONS. For the purposes of this chapter:
5
1 (1) "Board" means the Idaho board of health and welfare.
2 (2) "Child care" means that care, control, supervision or maintenance of
3 children for twenty-four (24) hours a day which is provided as an alternative
4 to parental care.
5 (3) "Child" means an individual less than eighteen (18) years of age who
6 is not enrolled in an institution of higher education.
7 (4) "Children's agency" means a person who operates a business for the
8 placement of children in foster homes or group homes or for adoption in a per-
9 manent home and who does not provide child care as part of that business.
10 Children's agency does not include a licensed attorney or physician assisting
11 or providing natural and adoptive parents with legal services or medical ser-
12 vices necessary to initiate and complete adoptive placements.
13 (5) "Children's camp" means a program of child care at a location away
14 from the child's home which is primarily recreational and includes the over-
15 night accommodation of the child and is not intended to provide treatment,
16 therapy or rehabilitation for the child.
17 (6) "Children's institution" means a person who operates a residential
18 facility for children not related to that person if that person is an individ-
19 ual, for the purpose of providing child care. Children's institutions include,
20 but are not limited to, foster homes, group homes, maternity homes, juvenile
21 detention centers and other residential facilities referenced in the juvenile
22 justice reform act, or any facilities providing treatment, therapy or rehabil-
23 itation for children. Children's institutions do not include: (a) facilities
24 which provide only day care as defined in chapter 11, title 39, Idaho Code;
25 (b) facilities and agencies including hospitals, skilled nursing facilities,
26 intermediate care facilities, and intermediate care facilities for the men-
27 tally retarded licensed pursuant to chapter 13, title 39, Idaho Code; (c) day
28 schools; (d) individuals acting in an advisory capacity, counseling a child in
29 a religious context, and providing no child care associated with the advice;
30 (e) the occasional or irregular care of a neighbor's, relative's or friend's
31 child or children by a person not ordinarily engaged in child care.
32 (7) "Children's treatment residential care facility" means a children's
33 institution, excluding:
34 (a) Foster homes;
35 (b) Group homes;
36 (c) Juvenile detention centers;
37 (d) Residential schools;
38 (ec) Children's camps.
39 No facility expressly excluded from the definition of a children's insti-
40 tution is included within the definition of a children's treatment residential
41 care facility.
42 (8) "Continued care" means the ongoing placement of an individual in a
43 foster home, children's residential care facility, or transitional living
44 placement who reaches the age of eighteen (18) years but is less than twenty-
45 one (21) years of age.
46 (9) "Day school" means a public, private, parochial or secular facility
47 offering an educational program in which the children leave the facility each
48 day at the conclusion of the academic, vocational or school supervised activi-
49 ties.
50 (910) "Department" means the state department of health and welfare.
51 (101) "Director" means the director of the department of health and wel-
52 fare.
53 (112) "Foster care" means child care by a person not related to the
54 child, in lieu of parental care, in a foster home.
55 (123) "Foster home" means a home which accepts, for any period of time,
6
1 with or without compensation, one (1) or more children who are not related to
2 the foster parent as members of the household for the purpose of providing
3 substitute parental care.
4 (134) "Group care" means foster care of a number of children for whom
5 child care in a family setting is not available or appropriate, in a dormitory
6 or cottage type setting, characterized by activities and discipline of a more
7 regimented and less formal nature than found in a family setting.
8 (14) "Group home" means a residential facility providing group care.
9 (15) "Juvenile detention" means the temporary child care of juveniles who
10 require secure custody pursuant to the juvenile justice reform act, as defined
11 in section 16-1802(i), Idaho Code, for their own or the community's protec-
12 tion.
13 (16) "Juvenile detention center" means a physically restrictive facility
14 for juveniles pending court adjudication or subsequent to court adjudication,
15 as defined in section 16-1802(j), Idaho Code.
16 (17) "Person" includes any individual, group of individuals, association,
17 partnership, limited liability company or corporation.
18 (18) "Placement" means finding a suitable licensed foster home or suit-
19 able adoptive home for a child and completing the arrangements for a child to
20 be accepted into and adjusted to such home.
21 (19) "Representative" means an employee of the state department of health
22 and welfare.
23 (20) "Residential facility" means any facility where child care is pro-
24 vided, as defined in this section, and which provides day and night accommoda-
25 tion.
26 (21) "Residential school" means a residential facility for children
27 which:
28 (a) Provides a planned, scheduled, regular, academic or vocational school
29 program for students in the elementary, middle or secondary grades as
30 defined in section 33-1001, Idaho Code; and
31 (b) Provides services substantially comparable to those provided in non-
32 residential nonresidential public schools where the primary purpose is the
33 education and academic pursuits of the students; and
34 (c) Does not seek, receive or enroll students for treatment of such spe-
35 cial needs as substance abuse, mental illness, emotional disturbance,
36 developmental disability or mental retardation; and
37 (d) Is not:
38 (i) A college or university; or
39 (ii) A children's camp as defined in this section; or
40 (iii) A public or private day school in which the children leave the
41 facility each day at the conclusion of the academic, vocational and
42 school supervised activities.
43 (22) "Transitional living" means living arrangements and aftercare ser-
44 vices for children, or as continued care, to gain experience living on their
45 own in a supportive and supervised environment prior to emancipation.
46 SECTION 6. That Section 39-1205, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-1205. EVALUATION OF DISCLOSURE REPORTS. The department shall review
49 all initial and annual update disclosure reports and shall categorize each
50 children's institution, based on the type of care provided, into one (1) of
51 the following categories:
52 (1) Foster homes;
53 (2) Group homes;
7
1 (3) Juvenile detention centers;
2 (4) Residential schools;
3 (53) Children's camps; or
4 (64) Each children's institution not otherwise categorized in subsections
5 (1) through (53) of this section, except any day school, shall be desig-
6 nated as a "children's treatment residential care facility."
7 SECTION 7. That Section 39-1208, Idaho Code, be, and the same is hereby
8 repealed.
9 SECTION 8. That Section 39-1210, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-1210. STANDARDS FOR CHILDREN'S TREATMENT RESIDENTIAL CARE FACILITIES.
12 The board of health and welfare shall have the power and it shall be its duty
13 to promulgate appropriate rules and regulations necessary to implement and
14 enforce the following standards for licensing a children's treatment residen-
15 tial care facility:
16 (1) Assure the organizational stability of the facility, which may
17 require incorporation under the laws of Idaho.
18 (2) Require from the policy-making authority of the facility the promul-
19 gation of a statement setting forth the facility's purposes and objectives and
20 describing the character and extent of the services which it offers and main-
21 tains, and the geographical area to be served.
22 (3) Require a statement of solvency sufficient to maintain facilities and
23 personnel necessary to achieve its purposes and objectives and to maintain its
24 services.
25 (4) Assure such record-keeping recordkeeping and reporting as may be
26 deemed necessary to the facility's services and to the department's licensing
27 responsibility.
28 (5) Assure the safety and physical care of children for whom the facility
29 assumes or accepts responsibility.
30 (6) Establish the legal status of each child accepted for care and the
31 legal authority and responsibility of the facility for the child.
32 (7) Require a statement of intake policy which shall set forth criteria
33 for accepting children for care or service in relation to the facility's pur-
34 poses and facilities.
35 (8) Provide through observation and collateral inquiry for studies of
36 homes into which children may be placed sufficient to enable a judgment deter-
37 mining the adequacy of the homes in relation to the needs of the children;
38 and.
39 (9) In the case of an institution specializing in maternity care to
40 unmarried mothers:
41 (a) Assure social services on behalf of both the mother and infant; and
42 (b) Assure protection of the legal rights and rights to confidential
43 treatment of minor unmarried mothers and their children which shall be
44 subject to disclosure according to chapter 3, title 9, Idaho Code.
45 (10) The department shall obtain a criminal history check on the owners,
46 operators and employees of all children's treatment residential care facili-
47 ties. The criminal history check shall include the following:
48 (a) Statewide criminal identification bureau;
49 (b) Federal bureau of investigation (FBI) criminal history;
50 (c) National crime information center; and
51 (d) Statewide child abuse register.
8
1 SECTION 9. That Section 39-1211, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-1211. STANDARDS FOR FOSTER HOMES AND GROUP HOMES -- BOARD AUTHORIZED
4 TO IMPLEMENT AND ENFORCE. The board of health and welfare shall have the
5 power, and it shall be its duty to promulgate appropriate rules and regula-
6 tions necessary to implement and enforce the following standards for licensing
7 private foster homes and group homes pursuant to this chapter. The board's
8 rules and regulations for group homes may be separate from rules and regula-
9 tions for foster homes. Such rules and regulations shall:
10 (1) Require evidence of income and resources sufficient to maintain the
11 home and the services offered.
12 (2) Require such record-keeping recordkeeping and reporting regarding
13 children's status and progress as may be deemed necessary.
14 (3) Assure the safety and adequate physical care of children under care.
15 (4) Require that foster parents be physically and emotionally suited to
16 care for unrelated children and to deal with problems presented by children
17 away from their own homes and own parents and shall require a criminal back-
18 ground check.
19 Provided, however, nothing in this chapter shall be construed to cover the
20 occasional or irregular care of a neighbor's, relative's or friend's child or
21 children by a person not ordinarily engaged in child care.
22 SECTION 10. That Section 39-1213, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-1213. LICENSING AUTHORITY. (a) The board of health and welfare is
25 hereby authorized and directed to establish procedures for licensing foster
26 homes, group homes, children's agencies and children's treatment residential
27 care facilities which are maintained and operated in conformity with the
28 rules, regulations and standards authorized herein. Such procedures shall
29 include the manner and form for making application for license, investigation
30 upon application and notice of decision.
31 (b) It is recognized that children's agencies may have their own proce-
32 dure for approval of foster homes affiliated with their program. Any foster
33 home which has been approved by a licensed children's agency shall be exempt
34 from the licensing provisions of this chapter, provided that the standards for
35 approval by such agency are no less restrictive than rules, regulations and
36 standards established by the board of health and welfare, and provided further
37 that such children's agency is maintained and operated in conformity with
38 rules, regulations and standards of the board of health and welfare. The board
39 of health and welfare may promulgate rules and regulations necessary to imple-
40 ment the provisions of this section.
41 (c) The board of health and welfare is hereby authorized to establish
42 rules allowing for continued care for appropriate individuals eighteen (18) to
43 twenty-one (21) years of age who have been receiving services by, through, or
44 with the authorization of the department of health and welfare or the depart-
45 ment of juvenile corrections prior to their eighteenth birthday.
46 SECTION 11. That Section 39-1214, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-1214. ELIGIBILITY FOR LICENSE. Any foster home, group home, children's
49 agency or children's treatment residential care facility which applies for a
50 license in the manner and form prescribed by the board of health and welfare
9
1 and is found upon investigation by the department to be established in confor-
2 mity with the rules, regulations and standards established by the department
3 under the authority conferred herein shall be licensed for a period of one (1)
4 year.
5 SECTION 12. That Section 39-1216, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-1216. PROVISIONAL LICENSE. Upon initial investigation, should an
8 applicant for a license be unable to meet a standard because of conditions
9 that are unlikely to endure beyond six (6) months from the date of such inves-
10 tigation, the department may, if in its judgment the health and safety of any
11 child is not thereby endangered, issue a provisional license for a period not
12 to exceed six (6) months. No more than one (1) provisional license shall be
13 issued to the same foster home, group home, children's agency or children's
14 treatment residential care facility in any twelve (12) month period.
15 SECTION 13. That Section 39-1217, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 39-1217. VISITATION. For the purpose of determining whether every
18 licensed foster home, licensed group home, licensed children's agency and
19 licensed children's treatment residential care facility consistently main-
20 tains conformity with the standards established under the authority conferred
21 herein, the department, through an authorized representative, shall visit each
22 such home and facility as often as it deems necessary or desirable, but in any
23 event at intervals not to exceed twelve (12) months.
24 SECTION 14. That Section 39-1220, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-1220. OPERATING WITHOUT LICENSE MISDEMEANOR. Any person or persons who
27 operate a foster home, group home, children's agency or children's treatment
28 residential care facility, within this state, without first obtaining a
29 license as provided in this chapter shall be guilty of a misdemeanor. However,
30 in the event of an initial citation for violation of the provisions of this
31 section, if a person makes the application required within thirty (30) days,
32 the complaint shall be dismissed. The penalty for violation of the provisions
33 of this section shall be three hundred dollars ($300) for each day of a con-
34 tinuing violation, which penalty shall accrue from thirty (30) days following
35 the initial notice of violation in the event of a finding of violation.
36 SECTION 15. That Section 39-1221, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-1221. REMOVAL OF CHILDREN. Any child or children receiving child care
39 in a group home or children's treatment residential care facility found to be
40 operating without a license may be removed from such home, agency or institu-
41 tion upon order of the magistrate court of the county in which the child is
42 receiving care and returned to the child's own home, or placed in the custody
43 of the department if the child's custodial parent is not available. The prose-
44 cuting attorneys of the several counties shall represent the department at all
45 stages of the proceedings before the magistrate court. The magistrate court
46 shall retain jurisdiction relative to child custody pursuant to the provisions
47 of this section. In the event that the prosecuting attorney in the county
10
1 where the alleged violation occurred fails or refuses to act within sixty (60)
2 days of notification of the violation, the attorney general is authorized to
3 prosecute violations under this chapter.
4 SECTION 16. That Section 39-1222, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 39-1222. ACTION AGAINST UNLICENSED FOSTER HOME, GROUP HOME, CHILDREN'S
7 AGENCY OR CHILDREN'S TREATMENT RESIDENTIAL CARE FACILITY. Notwithstanding the
8 existence or pursuit of any other remedy, the department shall, upon showing
9 good cause to the prosecuting attorney who shall represent the department in
10 the proceeding, maintain an action in the name of the state for injunction or
11 other process against a person as defined herein who shall hereafter operate
12 or maintain any foster home, group home, children's agency or children's
13 treatment residential care facility without first having secured a license
14 pursuant to the provisions of this chapter. Upon a finding that the safety of
15 children at a foster home, group home, children's agency or children's treat-
16 ment residential care facility is endangered, the department has the authority
17 to immediately revoke a license.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Montgomery
Seconded by Jaquet
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 60
1 AMENDMENTS TO SECTION 5
2 On page 6 of the printed bill, in line 9, delete "means the temporary
3 child care of juveniles who"; delete lines 10 through 12, and insert: "means
4 the temporary child care of juveniles who require secure custody pursuant to
5 the juvenile justice reform act, as defined in section 16-1802(i), Idaho Code,
6 for their own or the community's protection is as defined in section
7 20-502(6), Idaho Code, of the juvenile corrections act."; in line 13, delete
8 "physically restrictive" and insert: "physically restrictive"; delete lines 14
9 and 15, and insert: "for juveniles pending court adjudication or subsequent to
10 court adjudication, as defined in section 16-1802(j) established pursuant to
11 sections 20-517 and 20-518".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 60, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CHILD CARE LICENSING; AMENDING SECTIONS 16-1623, 33-1002B AND
3 33-1404, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES; AMENDING SECTION
4 36-401, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES AND TO EDIT REFER-
5 ENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES; AMENDING SECTION 39-1202,
6 IDAHO CODE, TO FURTHER DEFINE TERMS AND TO MAKE A TECHNICAL CORRECTION;
7 AMENDING SECTION 39-1205, IDAHO CODE, TO STRIKE REFERENCE TO GROUP HOMES,
8 TO EDIT REFERENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES AND TO DELETE
9 JUVENILE DETENTION CENTERS; REPEALING SECTION 39-1208, IDAHO CODE; AMEND-
10 ING SECTIONS 39-1210 AND 39-1211, IDAHO CODE, TO STRIKE REFERENCE TO GROUP
11 HOMES, TO EDIT REFERENCE TO CHILDREN'S RESIDENTIAL CARE FACILITIES AND TO
12 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1213, IDAHO CODE, TO
13 STRIKE REFERENCE TO GROUP HOMES, TO EDIT REFERENCE TO CHILDREN'S RESIDEN-
14 TIAL CARE FACILITIES, TO PROVIDE ADDITIONAL AUTHORITY TO THE BOARD FOR
15 PROVISION OF CONTINUED CARE, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
16 SECTIONS 39-1214, 39-1216, 39-1217, 39-1220, 39-1221 AND 39-1222, IDAHO
17 CODE, TO STRIKE REFERENCE TO GROUP HOMES AND TO EDIT REFERENCE TO
18 CHILDREN'S RESIDENTIAL CARE FACILITIES.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 16-1623, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
23 conjunction with the court and other public and private agencies and persons,
24 shall have the primary responsibility to implement the purpose of this chap-
25 ter. To this end, the department is empowered and shall have the duty to do
26 all things reasonably necessary to carry out the purpose of this chapter,
27 including, but not limited to, the following:
28 (a) The department shall administer treatment programs for the protection
29 and care of neglected, abused and abandoned children, and in so doing may
30 place in foster care, shelter care, group homes or other diagnostic, treat-
31 ment, or care centers or facilities, children of whom it has been given cus-
32 tody. The department is to be governed by the standards found in chapter 12,
33 title 39, Idaho Code.
34 (b) On December 1, the department shall make an annual statistical report
35 to the governor covering the preceding fiscal year showing the number and sta-
36 tus of persons in its custody and including such other data as will provide
37 sufficient facts for sound planning in the conservation of children and youth.
38 All officials and employees of the state and of every county and city shall
39 furnish the department upon request, such information within their knowledge
40 and control as the department deems necessary. Local agencies shall report in
41 such uniform format as may be required by the department.
42 (c) The department shall be required to maintain a central registry for
43 the reporting of child neglect, abuse and abandonment information.
2
1 (d) The department shall make periodic evaluation of all persons in its
2 custody or under its supervision for the purpose of determining whether exist-
3 ing orders and dispositions in individual cases shall be modified or continued
4 in force. Evaluations may be made as frequently as the department considers
5 desirable and shall be made with respect to every person at intervals not
6 exceeding six (6) months. Reports of evaluation made pursuant to this section
7 shall be filed with the court which vested custody of the person with the
8 department. Reports of evaluation shall be provided to persons having full or
9 partial legal or physical custody of a child. Failure of the department to
10 evaluate a person or to reevaluate him within six (6) months of a previous
11 examination shall not of itself entitle the person to a change in disposition
12 but shall entitle him, his parent, guardian or custodian or his counsel to
13 petition the court pursuant to section 16-1611, Idaho Code.
14 (e) In a consultive capacity, the department shall assist communities in
15 the development of constructive programs for the protection, prevention and
16 care of children and youth.
17 (f) The department shall keep written records of investigations, evalua-
18 tions, prognosis and all orders concerning disposition or treatment of every
19 person over whom it has legal custody. Department records shall be subject to
20 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
21 ordered by the court, the person consents to the disclosure, or disclosure is
22 necessary for the delivery of services to the person. Notwithstanding the pro-
23 visions restricting disclosure or the exemptions from disclosure provided in
24 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
25 rehabilitation of youth, the protection of children, evaluation, treatment
26 and/or disposition records pertaining to the statutory responsibilities of the
27 department shall be disclosed to any duly elected state official carrying out
28 his official functions.
29 (g) The department shall establish appropriate administrative procedures
30 for the processing of complaints of child neglect, abuse and abandonment
31 received and for the implementation of the protection, treatment and care of
32 children formally or informally placed in the custody of the department under
33 this chapter.
34 (h) The department having been granted legal custody of a child, subject
35 to the judicial review provisions of this subsection, shall have the right to
36 determine where and with whom the child shall live, provided that the child
37 shall not be placed outside the state without the court's consent. Provided
38 however, that the court shall retain jurisdiction over the child, which juris-
39 diction shall be entered on any order or petition granting legal custody to
40 the department, and the court shall have jurisdiction over all matters relat-
41 ing to the child. The department shall not place the child in the home from
42 which the court ordered the child removed without first obtaining the approval
43 of the court.
44 (i) The department shall give to the court any information concerning the
45 child that the court may at any time require, but in any event shall report
46 the progress of the child under its custody at intervals of not to exceed six
47 (6) months. There shall be a rebuttable presumption that if a child is placed
48 in the custody of the department and was also placed in out of the home care
49 for a period not less than fifteen (15) out of the last twenty-two (22) months
50 from the date the child entered shelter care, the department shall initiate a
51 petition for termination of parental rights. This presumption may be rebutted
52 by a finding of the court that the filing of a petition for termination of
53 parental rights would not be in the best interests of the child or reasonable
54 efforts have not been provided to reunite the child with his family, or the
55 child is placed permanently with a relative.
3
1 (j) The department shall establish appropriate administrative procedures
2 for the conduct of administrative reviews and hearings as required by federal
3 statute for all children committed to the department and placed in out of home
4 care.
5 (k) At any time the department is considering a placement pursuant to
6 this act, the department shall make a reasonable effort to place the child in
7 the least disruptive environment to the child and in so doing may consider,
8 without limitation, placement of the child with related persons.
9 SECTION 2. That Section 33-1002B, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-1002B. PUPIL TUITION-EQUIVALENCY ALLOWANCES. 1. Districts which edu-
12 cate pupils placed by Idaho court order in licensed group homes, agencies,
13 institutions or juvenile detention facilities shall be eligible for an allow-
14 ance equivalent to the previous year's certified local annual tuition rate per
15 pupil. This district allowance shall be in addition to support unit funding
16 and included in district apportionment payments, subject to approval of dis-
17 trict applications by the state superintendent of public instruction.
18 2. Districts which educate school age special education students who, due
19 to the nature and severity of their disabilities are residing in licensed pub-
20 lic or private residential facilities or homes, and whose parents are not
21 patrons of the district, shall be eligible for an allowance equivalent to the
22 previous year's certified local annual tuition rate per child plus the excess
23 cost rate that is annually determined by the state superintendent of public
24 instruction. This district allowance shall be in addition to exceptional edu-
25 cation support unit funding and included in district apportionment payments,
26 subject to approval of district applications by the state superintendent of
27 public instruction.
28 SECTION 3. That Section 33-1404, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 33-1404. DISTRICTS TO RECEIVE PUPILS. Every school district shall receive
31 and admit pupils transferred thereto, where payment of their tuition is to be
32 paid by the home district, or waived by the receiving district, except when
33 any such transfer would work a hardship on the receiving district. Each
34 receiving school district shall be governed by written policy guidelines,
35 adopted by the board of trustees, which define hardship impact upon the dis-
36 trict or upon an individual school within the district. The policy shall pro-
37 vide specific standards for acceptance and rejection of applications for
38 accepting out of district pupils. Standards may include the capacity of a
39 program, class, grade level or school building. Standards may not include pre-
40 vious academic achievement, athletic or other extracurricular ability,
41 handicapping conditions, or proficiency in the English language.
42 Nonresident pupils who are placed by court order under provisions of the
43 Idaho youth rehabilitation or child protective acts and reside in licensed
44 group homes, agencies and institutions shall be received and admitted by the
45 school district in which the facility is located without payment of tuition.
46 Homeless children and youth as defined by the Stewart B. McKinney homeless
47 assistance act (P.L. 100-77), may attend any school district or school within
48 a district without payment of tuition when it is determined to be in the best
49 interest of that child.
50 SECTION 4. That Section 36-401, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 36-401. HUNTING, TRAPPING, FISHING -- LICENSE REQUIREMENT -- EXCEPTIONS.
3 No person shall hunt, trap, or fish for or take any wild animal, bird or fish
4 of this state, without first having procured a license as hereinafter pro-
5 vided. Provided that no license shall be required:
6 (a) 1. For children under the age of fourteen (14) years who are resi-
7 dents of this state to fish during the open season therefor.
8 2. For nonresident children under the age of fourteen (14) years to fish
9 during the open season therefor provided they are accompanied by the
10 holder of a valid fishing license, and provided further that any fish
11 caught by such nonresident children shall be included in the bag and pos-
12 session limit of such license holder.
13 3. For resident children under the age of twelve (12) years to hunt, take
14 or kill predatory, unprotected birds and animals by means other than with
15 firearms.
16 4. For resident children under the age of fourteen (14) years to trap
17 muskrats from irrigation ditches or property on which they live during the
18 open season.
19 5. For children under the age of eighteen (18) years who are residents of
20 a licensed foster home, a foster group home, or a child welfare institu-
21 tion children's residential care facility to fish during the open season
22 therefor, provided they are accompanied and supervised by the director,
23 officer, or other employee of the facility where the child resides.
24 (b) For any person to fish on a "free fishing day" as may be designated
25 by the commission.
26 (c) Institutional Inmates. For any inmate of the state hospital north,
27 state hospital south, Idaho state school and hospital, and state veterans
28 homes to fish during open seasons, provided said inmate has a permit therefor
29 from the director. The director is authorized to issue such permits upon the
30 request of the head of the respective institution having custody of said
31 inmate upon a showing that the institution recommends the issuance of such
32 permit and will assume full responsibility for and control over said inmate
33 while using said permit.
34 (d) State Juvenile Corrections Center Students. For students of the state
35 juvenile corrections center, under the supervision of an officer of the cen-
36 ter, to fish during the open season.
37 (e) Boy Scouts. For boy scouts who are official participants in atten-
38 dance at national or international encampments at Farragut State Park to take
39 fish during the encampment period from Lake Pend Oreille in such areas and
40 such numbers as may be designated by the commission.
41 (f) Participants in Fish and Game Sponsored Functions. For persons who
42 are official participants in attendance at official department sponsored func-
43 tions including clinics, courses or other educational events, while under the
44 supervision of a department approved instructor for the function, to fish dur-
45 ing any open season, provided that the instructor has been issued an educa-
46 tional fishing permit by the director.
47 (g) Nothing contained herein shall be construed to prohibit citizens of
48 the United States who are residents of the state of Idaho from carrying arms
49 for the protection of life and property.
50 SECTION 5. That Section 39-1202, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 39-1202. DEFINITIONS. For the purposes of this chapter:
5
1 (1) "Board" means the Idaho board of health and welfare.
2 (2) "Child care" means that care, control, supervision or maintenance of
3 children for twenty-four (24) hours a day which is provided as an alternative
4 to parental care.
5 (3) "Child" means an individual less than eighteen (18) years of age who
6 is not enrolled in an institution of higher education.
7 (4) "Children's agency" means a person who operates a business for the
8 placement of children in foster homes or group homes or for adoption in a per-
9 manent home and who does not provide child care as part of that business.
10 Children's agency does not include a licensed attorney or physician assisting
11 or providing natural and adoptive parents with legal services or medical ser-
12 vices necessary to initiate and complete adoptive placements.
13 (5) "Children's camp" means a program of child care at a location away
14 from the child's home which is primarily recreational and includes the over-
15 night accommodation of the child and is not intended to provide treatment,
16 therapy or rehabilitation for the child.
17 (6) "Children's institution" means a person who operates a residential
18 facility for children not related to that person if that person is an individ-
19 ual, for the purpose of providing child care. Children's institutions include,
20 but are not limited to, foster homes, group homes, maternity homes, juvenile
21 detention centers and other residential facilities referenced in the juvenile
22 justice reform act, or any facilities providing treatment, therapy or rehabil-
23 itation for children. Children's institutions do not include: (a) facilities
24 which provide only day care as defined in chapter 11, title 39, Idaho Code;
25 (b) facilities and agencies including hospitals, skilled nursing facilities,
26 intermediate care facilities, and intermediate care facilities for the men-
27 tally retarded licensed pursuant to chapter 13, title 39, Idaho Code; (c) day
28 schools; (d) individuals acting in an advisory capacity, counseling a child in
29 a religious context, and providing no child care associated with the advice;
30 (e) the occasional or irregular care of a neighbor's, relative's or friend's
31 child or children by a person not ordinarily engaged in child care.
32 (7) "Children's treatment residential care facility" means a children's
33 institution, excluding:
34 (a) Foster homes;
35 (b) Group homes;
36 (c) Juvenile detention centers;
37 (d) Residential schools;
38 (ec) Children's camps.
39 No facility expressly excluded from the definition of a children's insti-
40 tution is included within the definition of a children's treatment residential
41 care facility.
42 (8) "Continued care" means the ongoing placement of an individual in a
43 foster home, children's residential care facility, or transitional living
44 placement who reaches the age of eighteen (18) years but is less than twenty-
45 one (21) years of age.
46 (9) "Day school" means a public, private, parochial or secular facility
47 offering an educational program in which the children leave the facility each
48 day at the conclusion of the academic, vocational or school supervised activi-
49 ties.
50 (910) "Department" means the state department of health and welfare.
51 (101) "Director" means the director of the department of health and wel-
52 fare.
53 (112) "Foster care" means child care by a person not related to the
54 child, in lieu of parental care, in a foster home.
55 (123) "Foster home" means a home which accepts, for any period of time,
6
1 with or without compensation, one (1) or more children who are not related to
2 the foster parent as members of the household for the purpose of providing
3 substitute parental care.
4 (134) "Group care" means foster care of a number of children for whom
5 child care in a family setting is not available or appropriate, in a dormitory
6 or cottage type setting, characterized by activities and discipline of a more
7 regimented and less formal nature than found in a family setting.
8 (14) "Group home" means a residential facility providing group care.
9 (15) "Juvenile detention" means the temporary child care of juveniles who
10 require secure custody pursuant to the juvenile justice reform act, as defined
11 in section 16-1802(i), Idaho Code, for their own or the community's protection
12 is as defined in section 20-502(6), Idaho Code, of the juvenile corrections
13 act.
14 (16) "Juvenile detention center" means a physically restrictive facility
15 for juveniles pending court adjudication or subsequent to court adjudication,
16 as defined in section 16-1802(j) established pursuant to sections 20-517 and
17 20-518, Idaho Code.
18 (17) "Person" includes any individual, group of individuals, association,
19 partnership, limited liability company or corporation.
20 (18) "Placement" means finding a suitable licensed foster home or suit-
21 able adoptive home for a child and completing the arrangements for a child to
22 be accepted into and adjusted to such home.
23 (19) "Representative" means an employee of the state department of health
24 and welfare.
25 (20) "Residential facility" means any facility where child care is pro-
26 vided, as defined in this section, and which provides day and night accommoda-
27 tion.
28 (21) "Residential school" means a residential facility for children
29 which:
30 (a) Provides a planned, scheduled, regular, academic or vocational school
31 program for students in the elementary, middle or secondary grades as
32 defined in section 33-1001, Idaho Code; and
33 (b) Provides services substantially comparable to those provided in non-
34 residential nonresidential public schools where the primary purpose is the
35 education and academic pursuits of the students; and
36 (c) Does not seek, receive or enroll students for treatment of such spe-
37 cial needs as substance abuse, mental illness, emotional disturbance,
38 developmental disability or mental retardation; and
39 (d) Is not:
40 (i) A college or university; or
41 (ii) A children's camp as defined in this section; or
42 (iii) A public or private day school in which the children leave the
43 facility each day at the conclusion of the academic, vocational and
44 school supervised activities.
45 (22) "Transitional living" means living arrangements and aftercare ser-
46 vices for children, or as continued care, to gain experience living on their
47 own in a supportive and supervised environment prior to emancipation.
48 SECTION 6. That Section 39-1205, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-1205. EVALUATION OF DISCLOSURE REPORTS. The department shall review
51 all initial and annual update disclosure reports and shall categorize each
52 children's institution, based on the type of care provided, into one (1) of
53 the following categories:
7
1 (1) Foster homes;
2 (2) Group homes;
3 (3) Juvenile detention centers;
4 (4) Residential schools;
5 (53) Children's camps; or
6 (64) Each children's institution not otherwise categorized in subsections
7 (1) through (53) of this section, except any day school, shall be desig-
8 nated as a "children's treatment residential care facility."
9 SECTION 7. That Section 39-1208, Idaho Code, be, and the same is hereby
10 repealed.
11 SECTION 8. That Section 39-1210, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-1210. STANDARDS FOR CHILDREN'S TREATMENT RESIDENTIAL CARE FACILITIES.
14 The board of health and welfare shall have the power and it shall be its duty
15 to promulgate appropriate rules and regulations necessary to implement and
16 enforce the following standards for licensing a children's treatment residen-
17 tial care facility:
18 (1) Assure the organizational stability of the facility, which may
19 require incorporation under the laws of Idaho.
20 (2) Require from the policy-making authority of the facility the promul-
21 gation of a statement setting forth the facility's purposes and objectives and
22 describing the character and extent of the services which it offers and main-
23 tains, and the geographical area to be served.
24 (3) Require a statement of solvency sufficient to maintain facilities and
25 personnel necessary to achieve its purposes and objectives and to maintain its
26 services.
27 (4) Assure such record-keeping recordkeeping and reporting as may be
28 deemed necessary to the facility's services and to the department's licensing
29 responsibility.
30 (5) Assure the safety and physical care of children for whom the facility
31 assumes or accepts responsibility.
32 (6) Establish the legal status of each child accepted for care and the
33 legal authority and responsibility of the facility for the child.
34 (7) Require a statement of intake policy which shall set forth criteria
35 for accepting children for care or service in relation to the facility's pur-
36 poses and facilities.
37 (8) Provide through observation and collateral inquiry for studies of
38 homes into which children may be placed sufficient to enable a judgment deter-
39 mining the adequacy of the homes in relation to the needs of the children;
40 and.
41 (9) In the case of an institution specializing in maternity care to
42 unmarried mothers:
43 (a) Assure social services on behalf of both the mother and infant; and
44 (b) Assure protection of the legal rights and rights to confidential
45 treatment of minor unmarried mothers and their children which shall be
46 subject to disclosure according to chapter 3, title 9, Idaho Code.
47 (10) The department shall obtain a criminal history check on the owners,
48 operators and employees of all children's treatment residential care facili-
49 ties. The criminal history check shall include the following:
50 (a) Statewide criminal identification bureau;
51 (b) Federal bureau of investigation (FBI) criminal history;
52 (c) National crime information center; and
8
1 (d) Statewide child abuse register.
2 SECTION 9. That Section 39-1211, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-1211. STANDARDS FOR FOSTER HOMES AND GROUP HOMES -- BOARD AUTHORIZED
5 TO IMPLEMENT AND ENFORCE. The board of health and welfare shall have the
6 power, and it shall be its duty to promulgate appropriate rules and regula-
7 tions necessary to implement and enforce the following standards for licensing
8 private foster homes and group homes pursuant to this chapter. The board's
9 rules and regulations for group homes may be separate from rules and regula-
10 tions for foster homes. Such rules and regulations shall:
11 (1) Require evidence of income and resources sufficient to maintain the
12 home and the services offered.
13 (2) Require such record-keeping recordkeeping and reporting regarding
14 children's status and progress as may be deemed necessary.
15 (3) Assure the safety and adequate physical care of children under care.
16 (4) Require that foster parents be physically and emotionally suited to
17 care for unrelated children and to deal with problems presented by children
18 away from their own homes and own parents and shall require a criminal back-
19 ground check.
20 Provided, however, nothing in this chapter shall be construed to cover the
21 occasional or irregular care of a neighbor's, relative's or friend's child or
22 children by a person not ordinarily engaged in child care.
23 SECTION 10. That Section 39-1213, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 39-1213. LICENSING AUTHORITY. (a) The board of health and welfare is
26 hereby authorized and directed to establish procedures for licensing foster
27 homes, group homes, children's agencies and children's treatment residential
28 care facilities which are maintained and operated in conformity with the
29 rules, regulations and standards authorized herein. Such procedures shall
30 include the manner and form for making application for license, investigation
31 upon application and notice of decision.
32 (b) It is recognized that children's agencies may have their own proce-
33 dure for approval of foster homes affiliated with their program. Any foster
34 home which has been approved by a licensed children's agency shall be exempt
35 from the licensing provisions of this chapter, provided that the standards for
36 approval by such agency are no less restrictive than rules, regulations and
37 standards established by the board of health and welfare, and provided further
38 that such children's agency is maintained and operated in conformity with
39 rules, regulations and standards of the board of health and welfare. The board
40 of health and welfare may promulgate rules and regulations necessary to imple-
41 ment the provisions of this section.
42 (c) The board of health and welfare is hereby authorized to establish
43 rules allowing for continued care for appropriate individuals eighteen (18) to
44 twenty-one (21) years of age who have been receiving services by, through, or
45 with the authorization of the department of health and welfare or the depart-
46 ment of juvenile corrections prior to their eighteenth birthday.
47 SECTION 11. That Section 39-1214, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-1214. ELIGIBILITY FOR LICENSE. Any foster home, group home, children's
9
1 agency or children's treatment residential care facility which applies for a
2 license in the manner and form prescribed by the board of health and welfare
3 and is found upon investigation by the department to be established in confor-
4 mity with the rules, regulations and standards established by the department
5 under the authority conferred herein shall be licensed for a period of one (1)
6 year.
7 SECTION 12. That Section 39-1216, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-1216. PROVISIONAL LICENSE. Upon initial investigation, should an
10 applicant for a license be unable to meet a standard because of conditions
11 that are unlikely to endure beyond six (6) months from the date of such inves-
12 tigation, the department may, if in its judgment the health and safety of any
13 child is not thereby endangered, issue a provisional license for a period not
14 to exceed six (6) months. No more than one (1) provisional license shall be
15 issued to the same foster home, group home, children's agency or children's
16 treatment residential care facility in any twelve (12) month period.
17 SECTION 13. That Section 39-1217, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-1217. VISITATION. For the purpose of determining whether every
20 licensed foster home, licensed group home, licensed children's agency and
21 licensed children's treatment residential care facility consistently main-
22 tains conformity with the standards established under the authority conferred
23 herein, the department, through an authorized representative, shall visit each
24 such home and facility as often as it deems necessary or desirable, but in any
25 event at intervals not to exceed twelve (12) months.
26 SECTION 14. That Section 39-1220, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-1220. OPERATING WITHOUT LICENSE MISDEMEANOR. Any person or persons who
29 operate a foster home, group home, children's agency or children's treatment
30 residential care facility, within this state, without first obtaining a
31 license as provided in this chapter shall be guilty of a misdemeanor. However,
32 in the event of an initial citation for violation of the provisions of this
33 section, if a person makes the application required within thirty (30) days,
34 the complaint shall be dismissed. The penalty for violation of the provisions
35 of this section shall be three hundred dollars ($300) for each day of a con-
36 tinuing violation, which penalty shall accrue from thirty (30) days following
37 the initial notice of violation in the event of a finding of violation.
38 SECTION 15. That Section 39-1221, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-1221. REMOVAL OF CHILDREN. Any child or children receiving child care
41 in a group home or children's treatment residential care facility found to be
42 operating without a license may be removed from such home, agency or institu-
43 tion upon order of the magistrate court of the county in which the child is
44 receiving care and returned to the child's own home, or placed in the custody
45 of the department if the child's custodial parent is not available. The prose-
46 cuting attorneys of the several counties shall represent the department at all
47 stages of the proceedings before the magistrate court. The magistrate court
10
1 shall retain jurisdiction relative to child custody pursuant to the provisions
2 of this section. In the event that the prosecuting attorney in the county
3 where the alleged violation occurred fails or refuses to act within sixty (60)
4 days of notification of the violation, the attorney general is authorized to
5 prosecute violations under this chapter.
6 SECTION 16. That Section 39-1222, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-1222. ACTION AGAINST UNLICENSED FOSTER HOME, GROUP HOME, CHILDREN'S
9 AGENCY OR CHILDREN'S TREATMENT RESIDENTIAL CARE FACILITY. Notwithstanding the
10 existence or pursuit of any other remedy, the department shall, upon showing
11 good cause to the prosecuting attorney who shall represent the department in
12 the proceeding, maintain an action in the name of the state for injunction or
13 other process against a person as defined herein who shall hereafter operate
14 or maintain any foster home, group home, children's agency or children's
15 treatment residential care facility without first having secured a license
16 pursuant to the provisions of this chapter. Upon a finding that the safety of
17 children at a foster home, group home, children's agency or children's treat-
18 ment residential care facility is endangered, the department has the authority
19 to immediately revoke a license.
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STATEMENT OF PURPOSE
RS 10545C1
This legislation is designed to make changes to statutes to be
consistent with the recommendations of the Children’s Treatment
Rules Committee and the related work groups. It was recognized
that youth committed either to the Department of Health and
Welfare or the Department of Juvenile Corrections may best
benefit from remaining in out of home settings past their
eighteenth birthdays to complete high school or other education
or vocational activities. This proposal would allow these youth
to remain in their current placements if determined to be in their
best interests and safe for other minors in that setting.
"Continued care" relates to this concept of assisting committed
youth in moving to successful independence and is proposed to be
defined in rule approved by the Board of Health and Welfare. The
terminology of group homes is no longer appropriate and is deleted
as these facilities are recommended to be included in the definition
of children’s residential facilities. The responsibility of the
Department of Health and Welfare for licensure of juvenile detention
facilities is repealed as this authority and responsibility was
transferred to the Department of Juvenile Corrections in the Juvenile
Corrections Act of 1995.
FISCAL IMPACT
No additional fiscal impact is anticipated. Most individuals who
turn 18 while in the custody of the department of Health and Welfare
leave foster care or residential treatment. An average of 13 youth
per month choose to enter into voluntary placement agreements in order
to finish school, finish treatment, gain additional skills, or
continue to live in a foster home with younger siblings. Continued
care allows a more normal transition from the family unit as opposed
to leaving home on the 18th birthday. This legislation does not
create a new service for a new population. It is not anticipated
that there would be an increase in the number of individuals who
turn 18 while in treatment and who voluntarily continue services.
The Department of Juvenile Corrections has legal authority of youth
up to age 21. Approximately 80 of the youth under commitment to
the Department of Juvenile Corrections are over 18. These youth
currently reside in state facilities or adult jails. This legislation
would allow the Department of Juvenile Corrections to move some of
these youth to appropriate residential treatment facilities to assist
in the youth’s treatment and transition to community living. This
legislation might increase the number of juveniles remaining in
treatment after age 18. However, the cost of placement in a
residential transition treatment facility is less than the cost of
placement in state facilities. Therefore, it is not anticipated there
would be a fiscal impact.
Contact
Name: Barbara Hancock
Phone: 334-0646
Statement of Purpose/Fiscal Note H60aa