TITLE 39

HEALTH AND SAFETY

CHAPTER 12

CHILD CARE LICENSING REFORM ACT

39-1225.  YOUTH BILL OF RIGHTS IN LICENSED CHILDREN’S RESIDENTIAL FACILITIES. (1) The department shall develop, publish, and periodically update a youth bill of rights that applies to all children residing in facilities licensed by the department pursuant to this chapter and department rules. The youth bill of rights shall include, at a minimum, rights related to:

(a)  Physical and emotional safety;

(b)  Access to medical and behavioral health care;

(c)  Communication and visitation with family, legal representatives, and advocates;

(d)  Privacy and confidentiality;

(e)  Participation in educational and recreational activities;

(f)  Freedom from abuse, neglect, and unreasonable restraints;

(g)  Fair grievance and complaint processes without retaliation; and

(h)  Reporting of concerns or violations to the department.

(2)  The youth bill of rights shall clearly be explained, in plain language appropriate for the child’s age and abilities, how to contact the child abuse reporting hotline, including the phone number, website, and mailing address.

(3)  Each licensed children’s residential facility shall:

(a)  Post the youth bill of rights in a prominent, public area of the facility accessible to children and visitors;

(b)  Distribute a copy of the youth bill of rights to each child and the child’s parent or legal guardian at the time of admission and upon request thereafter;

(c)  Interpret and explain the youth bill of rights to the child and family in age-appropriate and culturally and linguistically appropriate formats, including provision of interpretation services for limited-English-proficient and disabled persons as necessary;

(d)  Document that the youth bill of rights has been provided and explained, including the date, the recipients’ names, and the name of the staff member who conducted the explanation;

(e)  Ensure that children are provided with access to private and unmonitored communication with the child abuse reporting hotline upon request;

(f)  Document compliance with mandated requirements; and

(g)  Adopt processes and procedures for children to confidentially contact the child abuse reporting hotline and for staff to assist children in doing so when requested.

(4)  The department shall develop enforcement mechanisms and penalties for noncompliance with this section, including consideration as a licensing violation.

(5)  No child or family member may be retaliated against for invoking or attempting to exercise any right provided in the youth bill of rights or for contacting the child abuse reporting hotline. Retaliation shall constitute a licensing violation subject to corrective action and potential sanctions determined by the department.

History:

[39-1225, added 2026, ch. 139, sec. 4, p. 660.]