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H0737.................................................by HEALTH AND WELFARE CHILDREN'S CAMPS - Amends existing law to further define children's camp and to provide that a children's camp shall constitute a children's treatment facility if it is a private nonresidential program designed and intended to provide behavioral, substance abuse or mental health services to children through participation in outdoor programs. 02/17 House intro - 1st rdg - to printing 02/18 Rpt prt - to Health/Wel
H0737|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 737 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO LICENSING OF CHILDREN'S CAMPS; AMENDING SECTION 39-1202, IDAHO 3 CODE, TO FURTHER DEFINE CHILDREN'S CAMP AND TO MAKE A TECHNICAL CORREC- 4 TION; AMENDING SECTION 39-1206, IDAHO CODE, TO PROVIDE THAT A CHILDREN'S 5 CAMP SHALL CONSTITUTE A CHILDREN'S TREATMENT FACILITY IF IT IS A PRIVATE 6 NONRESIDENTIAL PROGRAM DESIGNED AND INTENDED TO PROVIDE BEHAVIORAL, SUB- 7 STANCE ABUSE, OR MENTAL HEALTH SERVICES TO CHILDREN THROUGH PARTICIPATION 8 IN OUTDOOR PROGRAMS; AND PROVIDING AN EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 39-1202, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-1202. DEFINITIONS. For the purposes of this chapter: 13 (1) "Board" means the Idaho board of health and welfare. 14 (2) "Child care" means that care, control, supervision or maintenance of 15 children for twenty-four (24) hours a day which is provided as an alternative 16 to parental care. 17 (3) "Child" means an individual less than eighteen (18) years of age who 18 is not enrolled in an institution of higher education. 19 (4) "Children's agency" means a person who operates a business for the 20 placement of children in foster homes or group homes or for adoption in a per- 21 manent home and who does not provide child care as part of that business. 22 Children's agency does not include a licensed attorney or physician assisting 23 or providing natural and adoptive parents with legal services or medical ser- 24 vices necessary to initiate and complete adoptive placements. 25 (5) "Children's camp" means a program of child care at a location away 26 from the child's home whichismay be primarily rec- 27 reational or intended to provide treatment, therapy or rehabilitation 28 for the child, and which may includesthe 29 overnight accommodation of the child .and is not intended30to provide treatment, therapy or rehabilitation for the child.31 Excluded from the definition of children's camp are: recreational programs 32 such as boy scouts, girl scouts and 4-H; programs operated by the federal gov- 33 ernment, programs operated by agencies of the state of Idaho or its political 34 subdivisions; church camps and other programs operated by religious organiza- 35 tions; private individual or group counseling by a practitioner otherwise 36 licensed by the state; a general acute hospital, small health care facility, 37 specialty hospital, nursing care facility or other health care facility 38 licensed by the state. 39 (6) "Children's institution" means a person who operates a residential 40 facility for children not related to that person if that person is an individ- 41 ual, for the purpose of providing child care. Children's institutions include, 42 but are not limited to, foster homes, group homes, maternity homes, juvenile 43 detention centers and other residential facilities referenced in the juvenile 2 1 justice reform act, or any facilities providing treatment, therapy or rehabil- 2 itation for children. Children's institutions do not include: (a) facilities 3 which provide only day care as defined in chapter 11, title 39, Idaho Code; 4 (b) facilities and agencies including hospitals, skilled nursing facilities, 5 intermediate care facilities, and intermediate care facilities for the men- 6 tally retarded licensed pursuant to chapter 13, title 39, Idaho Code; (c) day 7 schools; (d) individuals acting in an advisory capacity, counseling a child in 8 a religious context, and providing no child care associated with the advice; 9 (e) the occasional or irregular care of a neighbor's, relative's or friend's 10 child or children by a person not ordinarily engaged in child care. 11 (7) "Children's treatment facility" means a children's institution, 12 excluding: 13 (a) Foster homes; 14 (b) Group homes; 15 (c) Juvenile detention centers; 16 (d) Residential schools;17(e) Children's camps. 18 No facility expressly excluded from the definition of a children's insti- 19 tution is included within the definition of a children's treatment facility. 20 (8) "Day school" means a public, private, parochial or secular facility 21 offering an educational program in which the children leave the facility each 22 day at the conclusion of the academic, vocational or school supervised activi- 23 ties. 24 (9) "Department" means the state department of health and welfare. 25 (10) "Director" means the director of the department of health and wel- 26 fare. 27 (11) "Foster care" means child care by a person not related to the child, 28 in lieu of parental care, in a foster home. 29 (12) "Foster home" means a home which accepts, for any period of time, 30 with or without compensation, one (1) or more children who are not related to 31 the foster parent as members of the household for the purpose of providing 32 substitute parental care. 33 (13) "Group care" means foster care of a number of children for whom child 34 care in a family setting is not available or appropriate, in a dormitory or 35 cottage type setting, characterized by activities and discipline of a more 36 regimented and less formal nature than found in a family setting. 37 (14) "Group home" means a residential facility providing group care. 38 (15) "Juvenile detention" means the temporary child care of juveniles who 39 require secure custody pursuant to the juvenile justice reform act, as defined 40 in section 16-1802(i), Idaho Code, for their own or the community's protec- 41 tion. 42 (16) "Juvenile detention center" means a physically restrictive facility 43 for juveniles pending court adjudication or subsequent to court adjudication, 44 as defined in section 16-1802(j), Idaho Code. 45 (17) "Person" includes any individual, group of individuals, association, 46 partnership or corporation. 47 (18) "Placement" means finding a suitable licensed foster home or suitable 48 adoptive home for a child and completing the arrangements for a child to be 49 accepted into and adjusted to such home. 50 (19) "Representative" means an employee of the state department of health 51 and welfare. 52 (20) "Residential facility" means any facility where child care is pro- 53 vided, as defined in this section, and which provides day and night accommoda- 54 tion. 55 (21) "Residential school" means a residential facility for children which: 3 1 (a) Provides a planned, scheduled, regular, academic or vocational school 2 program for students in the elementary, middle or secondary grades as 3 defined in section 33-1001, Idaho Code; and 4 (b) Provides services substantially comparable to those provided in non- 5 residential public schools where the primary purpose is the education and 6 academic pursuits of the students; and 7 (c) Does not seek, receive or enroll students for treatment of such spe- 8 cial needs as substance abuse, mental illness, emotional disturbance, 9 developmental disability or mental retardation; and 10 (d) Is not: 11 (i) A college or university; or 12 (ii) A children's camp as defined in this section; or 13 (iii) A public or private day school in which the children leave the 14 facility each day at the conclusion of the academic, vocational and 15 school supervised activities. 16 SECTION 2. That Section 39-1206, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 39-1206. CHILDREN'S CAMPS. (1) A children's camp which pro- 19 vides child care for any one (1) child for more than nine (9) consecutive 20 weeks in any one (1) year period shall constitute a children's treatment 21 facility. A children's camp which also constitutes a residential school shall 22 be governed under the provisions of this chapter as a residential school. A 23 children's camp which provides child care for any one (1) child for less than 24 nine (9) consecutive weeks in any one (1) year period shall be exempt from the 25 licensure and disclosure provisions of this chapter. 26 (2) A children's camp shall constitute a children's treatment 27 facility if it is a private nonresidential program designed and intended to 28 provide behavioral, substance abuse, or mental health services to children 29 primarily through participation in outdoor programs and which charges a fee 30 for its services, may or may not provide host homes or other accommodations 31 for overnight accommodation of the children, may or may not limit or censor 32 access to parents or guardians, and which prohibits or restricts a child's 33 ability to leave the program at any time of his own free will. 34 SECTION 3. This act shall be in full force and effect on and after July 35 1, 1999.
STATEMENT OF PURPOSE
RS08087C1
The purpose of this bill is to provide for the licensing of Youth
Wilderness Programs.
FISCAL NOTE
Some administrative costs under negotiated rule making; on-going
supervision will be funded by license fees.
CONTACT: Representative Wendy Jaquet
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 737