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S1318.................................................by HEALTH AND WELFARE CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS - Amends and adds to existing law to specify inclusion of children's therapeutic outdoor programs within the child care licensing laws. 01/22 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to Health/Wel 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/04 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne(Thorne), Wheeler, Williams NAYS -- None Absent and excused -- Davis, Ingram Floor Sponsors - Darrington & King-Barrutia Title apvd - to House 02/05 House intro - 1st rdg - to Health/Wel 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/06 3rd rdg - PASSED - 60-0-10 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellsworth, Eskridge, Field(13), Gagner, Gould, Hadley, Hammond, Henbest, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Schaefer, Sellman, Shepherd, Smith(33), Smylie, Stevenson, Stone, Tilman, Wheeler NAYS -- None Absent and excused -- Ellis, Field(20), Harwood, Higgins, Sali, Smith(23), Trail, Wood, Young, Mr. Speaker Floor Sponsors - Jaquet & Eskridge Title apvd - to Senate 03/07 To enrol 03/08 Rpt enrol - Pres signed 03/11 Sp signed 03/12 To Governor 03/22 Governor signed Session Law Chapter 219 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1318 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE CHILD CARE LICENSING REFORM ACT; AMENDING SECTION 39-1202, 3 IDAHO CODE, TO FURTHER DEFINE TERMS; AMENDING SECTION 39-1204, IDAHO CODE, 4 TO REQUIRE DISCLOSURE REPORTS FROM CHILDREN'S AGENCIES AND INSTITUTIONS; 5 AMENDING SECTION 39-1205, IDAHO CODE, TO REQUIRE EVALUATION OF DISCLOSURE 6 REPORTS FOR CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS; AMENDING CHAPTER 12, 7 TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1208, IDAHO 8 CODE, TO SPECIFY STANDARDS FOR CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS; 9 AND AMENDING SECTIONS 39-1213, 39-1214, 39-1216, 39-1217, 39-1219, 10 39-1220, 39-1221 AND 39-1222, IDAHO CODE, TO SPECIFY INCLUSION OF 11 CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS WITHIN REQUIREMENTS OF THE CHAP- 12 TER. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 39-1202, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-1202. DEFINITIONS. For the purposes of this chapter: 17 (1) "Board" means the Idaho board of health and welfare. 18 (2) "Child care" means that care, control, supervision or maintenance of 19 children for twenty-four (24) hours a day which is provided as an alternative 20 to parental care. 21 (3) "Child" means an individual less than eighteen (18) years of age who 22 is not enrolled in an institution of higher education. 23 (4) "Children's agency" means a person who operates a business for the 24 placement of children in foster homes or for adoption in a permanent home and 25 who does not provide child care as part of that business. Children's agency 26 does not include a licensed attorney or physician assisting or providing natu- 27 ral and adoptive parents with legal services or medical services necessary to 28 initiate and complete adoptive placements. 29 (5) "Children's camp" means a program of child care at a location away 30 from the child's home which is primarily recreational and includes the over- 31 night accommodation of the child and is not intended to provide treatment, 32 therapy or rehabilitation for the child. 33 (6) "Children's institution" means a person who operates a residential 34 facility for children not related to that person if that person is an individ- 35 ual, for the purpose of providing child care. Children's institutions include, 36 but are not limited to, foster homes, maternity homes,juvenile detention cen-37ters and other residential facilities referenced in the juvenile justice38reform actchildren's therapeutic outdoor programs, or any facilities provid- 39 ing treatment, therapy or rehabilitation for children. Children's institutions 40 do not include: (a) facilities which provide only day care as defined in chap- 41 ter 11, title 39, Idaho Code; (b) facilities and agencies including hospitals, 42 skilled nursing facilities, intermediate care facilities, and intermediate 43 care facilities for the mentally retarded licensed pursuant to chapter 13, 2 1 title 39, Idaho Code; (c) day schools; (d) individuals acting in an advisory 2 capacity, counseling a child in a religious context, and providing no child 3 care associated with the advice; (e) the occasional or irregular care of a 4 neighbor's, relative's or friend's child or children by a person not ordinar- 5 ily engaged in child care. 6 (7) "Children's residential care facility" means a children's institu- 7 tion, excluding: 8 (a) Foster homes; 9 (b) Residential schools; 10 (c) Children's camps. 11 No facility expressly excluded from the definition of a children's insti- 12 tution is included within the definition of a children's residential care 13 facility. 14 (8) "Children's therapeutic outdoor program" is a program which is 15 designed to provide behavioral, substance abuse, or mental health services to 16 minors in an outdoor setting. This does not include children's camps, church 17 camps, or other outdoor programs primarily designed to be educational or rec- 18 reational, such as Boy Scouts, Girl Scouts, 4-H or sports camps. 19 (9) "Continued care" means the ongoing placement of an individual in a 20 foster home, children's residential care facility, or transitional living 21 placement who reaches the age of eighteen (18) years but is less than twenty- 22 one (21) years of age. 23 (910) "Day school" means a public, private, parochial or secular facility 24 offering an educational program in which the children leave the facility each 25 day at the conclusion of the academic, vocational or school supervised activi- 26 ties. 27 (101) "Department" means the state department of health and welfare. 28 (112) "Director" means the director of the department of health and wel- 29 fare. 30 (123) "Foster care" means child care by a person not related to the child, 31 in lieu of parental care, in a foster home. 32 (134) "Foster home" means a home which accepts, for any period of time, 33 with or without compensation, one (1) or more children who are not related to 34 the foster parent as members of the household for the purpose of providing 35 substitute parental care. 36 (145) "Group care" means foster care of a number of children for whom 37 child care in a family setting is not available or appropriate, in a dormitory 38 or cottage type setting, characterized by activities and discipline of a more 39 regimented and less formal nature than found in a family setting. 40 (156) "Juvenile detention" is as defined in section 20-502(6), Idaho Code, 41 of the juvenile corrections act. 42 (167) "Juvenile detention center" means a facility established pursuant to 43 sections 20-517 and 20-518, Idaho Code. 44 (178) "Person" includes any individual, group of individuals, association, 45 partnership, limited liability company or corporation. 46 (189) "Placement" means finding a suitable licensed foster home or suit- 47 able adoptive home for a child and completing the arrangements for a child to 48 be accepted into and adjusted to such home. 49 (1920) "Representative" means an employee of the state department of 50 health and welfare. 51 (201) "Residential facility" means any facility where child care is pro- 52 vided, as defined in this section, and which provides day and night accommoda- 53 tion. 54 (212) "Residential school" means a residential facility for children 55 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 (223) "Transitional living" means living arrangements and aftercare ser- 17 vices for children, or as continued care, to gain experience living on their 18 own in a supportive and supervised environment prior to emancipation. 19 SECTION 2. That Section 39-1204, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-1204. FORM FOR DISCLOSURE REPORT. (1) The department shall design a 22 form for the initial disclosure report which shall contain only the following 23 information: 24 (a) The name, address and telephone number(s) for eachresidential facil-25itychildren's agency or children's institution. 26 (b) The name(s), address and telephone number(s) of the individual(s) in 27 charge at eachresidential facilitychildren's agency or children's insti- 28 tution. 29 (c) The number of children that can be accommodated for child care at 30 eachresidential facility operated by thechildren's institution and a 31 description of such accommodations. 32 (d) Whether and how the children's institution seeks, receives or enrolls 33 students for treatment of special needs such as substance abuse, mental 34 illness, emotional disturbance, developmental disability, mental retarda- 35 tion, or students who have been identified by the judicial system as 36 requiring treatment, therapy, rehabilitation or supervision. 37 (e) A complete description of the child care services to be provided at 38 eachresidential facility operated by thechildren's institution. 39 (f) Whether and how the children's institution expects to receive pay- 40 ment, including payment from health insurance carriers, for identified 41 treatment needs such as substance abuse, mental illness, emotional distur- 42 bance, developmental disability, or mental retardation. 43 (g) Whether and how the children's institution represents to the payor of 44 the child care services provided by the children's institution that such 45 payment may qualify for health insurance reimbursement by the payor's car- 46 rier or may qualify for tax benefits relating to medical services. 47 (h) A description of the educational programs provided at eachresiden-48tial facilitychildren's institution and their accreditation status. 49 (2) The department shall design a form for the annual update disclosure 50 report which shall reference the information provided in the initial disclo- 51 sure report and shall request identification of any changes in the information 52 provided on the initial report or the previous annual update disclosure 53 report. 4 1 SECTION 3. That Section 39-1205, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-1205. EVALUATION OF DISCLOSURE REPORTS. The department shall review 4 all initial and annual update disclosure reports and shall categorize each 5 children's institution, based on the type of care provided, into one (1) of 6 the following categories: 7 (1) Foster homes; 8 (2) Residential schools; 9 (3) Children's camps;or10 (4) Children's therapeutic outdoor program; or 11 (5) Each children's institution not otherwise categorized in subsections 12 (1) through (34) of this section, except any day school, shall be designated 13 as a "children's residential care facility." 14 SECTION 4. That Chapter 12, Title 39, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 39-1208, Idaho Code, and to read as follows: 17 39-1208. STANDARDS FOR CHILDREN'S THERAPEUTIC OUTDOOR PROGRAMS. The board 18 shall have the power and it shall be its duty to promulgate appropriate rules 19 necessary to implement and enforce the following standards for licensing a 20 children's therapeutic outdoor program: 21 (1) Assure the organizational stability of the program, which may require 22 incorporation under the laws of Idaho. 23 (2) Require from the policymaking authority of the program the promulga- 24 tion of a statement setting forth the program's purposes and objectives and 25 describing the character and extent of the services which it offers and main- 26 tains, and the geographical area to be served. 27 (3) Require a statement of solvency sufficient to maintain programs and 28 personnel necessary to achieve its purposes and objectives and to maintain its 29 services. 30 (4) Assure such recordkeeping and reporting as may be deemed necessary to 31 the program's services and to the department's licensing responsibility. 32 (5) Assure the safety and physical care of children for whom the program 33 assumes or accepts responsibility. 34 (6) Establish the legal status of each child accepted for care and the 35 legal authority and responsibility of the program for the child. 36 (7) Require a statement of intake policy which shall set forth criteria 37 for accepting children for care or service in relation to the program's pur- 38 poses and physical demands. 39 (8) The department shall obtain a criminal history check on the owners, 40 operators and employees of all children's therapeutic outdoor programs. The 41 criminal history check shall be fingerprint based and include the following: 42 (a) Statewide criminal identification bureau; 43 (b) Federal bureau of investigation (FBI) criminal history; 44 (c) National crime information center; and 45 (d) Statewide child abuse register. 46 SECTION 5. That Section 39-1213, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 39-1213. LICENSING AUTHORITY. (a) The board of health and welfare is 49 hereby authorized and directed to establish procedures for licensing foster 50 homes, children's agencies, children's therapeutic outdoor programs and 5 1 children's residential care facilities which are maintained and operated in 2 conformity with the rules and standards authorized herein. Such procedures 3 shall include the manner and form for making application for license, investi- 4 gation upon application and notice of decision. 5 (b) It is recognized that children's agencies may have their own proce- 6 dure for approval of foster homes affiliated with their program. Any foster 7 home which has been approved by a licensed children's agency shall be exempt 8 from the licensing provisions of this chapter, provided that the standards for 9 approval by such agency are no less restrictive than rules and standards 10 established by the board of health and welfare, and provided further that such 11 children's agency is maintained and operated in conformity with rules and 12 standards of the board of health and welfare. The board of health and welfare 13 may promulgate rules necessary to implement the provisions of this section. 14 (c) The board of health and welfare is hereby authorized to establish 15 rules allowing for continued care for appropriate individuals eighteen (18) to 16 twenty-one (21) years of age who have been receiving services by, through, or 17 with the authorization of the department of health and welfare or the depart- 18 ment of juvenile corrections prior to their eighteenth birthday. 19 SECTION 6. That Section 39-1214, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-1214. ELIGIBILITY FOR LICENSE. Any foster home, children's agency, 22 children's therapeutic outdoor program or children's residential care facility 23 which applies for a license in the manner and form prescribed by the board of 24 health and welfare and is found upon investigation by the department to be 25 established in conformity with the rules and standards established by the 26 department under the authority conferred herein shall be licensed for a period 27 of one (1) year. 28 SECTION 7. That Section 39-1216, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 39-1216. PROVISIONAL LICENSE. Upon initial investigation, should an 31 applicant for a license be unable to meet a standard because of conditions 32 that are unlikely to endure beyond six (6) months from the date of such inves- 33 tigation, the department may, if in its judgment the health and safety of any 34 child is not thereby endangered, issue a provisional license for a period not 35 to exceed six (6) months. No more than one (1) provisional license shall be 36 issued to the same foster home, children's agency, children's therapeutic out- 37 door program or children's residential care facility in any twelve (12) month 38 period. 39 SECTION 8. That Section 39-1217, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-1217. VISITATION. For the purpose of determining whether every 42 licensed foster home, licensed children's agency, licensed children's thera- 43 peutic outdoor program and licensed children's residential care facility con- 44 sistently maintains conformity with the standards established under the 45 authority conferred herein, the department, through an authorized representa- 46 tive, shall visit each such home and facility as often as it deems necessary 47 or desirable, but in any event at intervals not to exceed twelve (12) months. 48 SECTION 9. That Section 39-1219, Idaho Code, be, and the same is hereby 6 1 amended to read as follows: 2 39-1219. APPEAL FROM DECISION OF DIRECTOR. If an applicant or licensee 3 feels aggrieved by a decision rendered as a result of a hearing, as provided 4 in section 39-1218, Idaho Code, appeal may be taken to the district court of 5 the county in which the group or foster home, facility, program or agency is 6 located, in the manner and form as provided in section 39-1212, Idaho Code, 7 provided, however, the filing of notice of appeal shall not, unless otherwise 8 ordered, stay the proceedings of the director. 9 SECTION 10. That Section 39-1220, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-1220. OPERATING WITHOUT LICENSE MISDEMEANOR. Any person or persons who 12 operate a foster home, children's agency, children's therapeutic outdoor pro- 13 gram or children's residential care facility, within this state, without first 14 obtaining a license as provided in this chapter shall be guilty of a misde- 15 meanor. However, in the event of an initial citation for violation of the pro- 16 visions of this section, if a person makes the application required within 17 thirty (30) days, the complaint shall be dismissed. The penalty for violation 18 of the provisions of this section shall be three hundred dollars ($300) for 19 each day of a continuing violation, which penalty shall accrue from thirty 20 (30) days following the initial notice of violation in the event of a finding 21 of violation. 22 SECTION 11. That Section 39-1221, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 39-1221. REMOVAL OF CHILDREN. Any child or children receiving child care 25 in a children's residential care facility or children's therapeutic outdoor 26 program found to be operating without a license may be removed from such home, 27 agency or institution upon order of the magistrate court of the county in 28 which the child is receiving care and returned to the child's own home, or 29 placed in the custody of the department if the child's custodial parent is not 30 available. The prosecuting attorneys of the several counties shall represent 31 the department at all stages of the proceedings before the magistrate court. 32 The magistrate court shall retain jurisdiction relative to child custody pur- 33 suant to the provisions of this section. In the event that the prosecuting 34 attorney in the county where the alleged violation occurred fails or refuses 35 to act within sixty (60) days of notification of the violation, the attorney 36 general is authorized to prosecute violations under this chapter. 37 SECTION 12. That Section 39-1222, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 39-1222. ACTION AGAINST UNLICENSED FOSTER HOME, CHILDREN'S AGENCY, 40 CHILDREN'S THERAPEUTIC OUTDOOR PROGRAM OR CHILDREN'S RESIDENTIAL CARE FACIL- 41 ITY. Notwithstanding the existence or pursuit of any other remedy, the depart- 42 ment shall, upon showing good cause to the prosecuting attorney who shall rep- 43 resent the department in the proceeding, maintain an action in the name of the 44 state for injunction or other process against a person as defined herein who 45 shall hereafter operate or maintain any foster home, children's agency, 46 children's therapeutic outdoor program or children's residential care facility 47 without first having secured a license pursuant to the provisions of this 48 chapter. Upon a finding that the safety of children at a foster home, 7 1 children's agency, children's therapeutic outdoor program or children's resi- 2 dential care facility is endangered, the department has the authority to imme- 3 diately revoke a license.
STATEMENT OF PURPOSE RS#: 11499C#: 1 The present statute states it is the policy of the state to ensure that children of parents seeking alternative twenty-four (24) hour long term care for their children shall receive adequate substitute parental care and protection. The proposed change would allow for the implementation of health, safety and well being standards for children in therapeutic outdoor programs. Children placed in therapeutic outdoor programs are often vulnerable as a result of their isolation and exposure to extreme conditions. FISCAL IMPACT There is no new general fund request for personnel or operating expenses. Oversight of these programs would be absorbed into the current operational expenses of the Child Care Licensing unit since many of these programs operate in conjunction with other residential care programs currently being licensed. Oversight for current and anticipated new programs would be for travel costs estimated to be less than $2,000 per year. CONTACT Name: Jim Puett Agency: Health and Welfare Phone: 334-5700 Statement of Purpose/Fiscal Impact S 1318 REVISED REVISED REVISED