2002 Legislation
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SENATE BILL NO. 1318 – Childrens therapeutic outdoor prog


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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,
      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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                       IN THE SENATE
                                    SENATE BILL NO. 1318
                              BY HEALTH AND WELFARE COMMITTEE
  1                                        AN ACT
  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
 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-
 37    ters and other residential  facilities  referenced  in  the  juvenile  justice
 38    reform  act children'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,
  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:
  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 each residential facil-
 25        ity children's agency or children's institution.
 26        (b)  The  name(s), address and telephone number(s) of the individual(s) in
 27        charge at each residential facility children's agency or children's insti-
 28        tution.
 29        (c)  The number of children that can be accommodated  for  child  care  at
 30        each  residential  facility  operated  by the children'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        each residential facility operated by the children'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 each residen-
 48        tial facility children'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.
  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; or
 10        (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:
 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
  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
  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:
 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,
  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 / Fiscal Impact

                       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.

Name:	Jim Puett
Agency:	Health and Welfare
Phone:	334-5700

Statement of Purpose/Fiscal Impact                   S  1318    

REVISED	                       REVISED	              REVISED