S 1099 — HEALTH – Amends existing law to provide for temporary alcohol-drug abuse treatment facilities.

10991099, As Amended BY HEALTH AND WELFARE COMMITTEE AN ACT RELATING TO CHILD CARE LICENSING;

AMENDING SECTION 39-1213,39-1202, IDAHO CODE, TO PROVIDEREVISE FOR A CERTAINDEFINITION WAIVER FROM LICENSING AND TO MAKEPROVIDE TECHNICALA COR-DEFINITION. RECTIONS.

That Section 39-1213,39-1202, Idaho Code, be, and the same is hereby amended to read as follows:

39-1213.39-1202.

LICENSINGDEFINITIONS. AUTHORITY.

(aFor 1)the Thepurposes board of healththis andchapter: welfare is hereby authorized and directed to establish procedures for licensing fos- ter homes, children's agencies, children's therapeutic outdoor programs and children's residential care facilities, which are maintained and operated in conformity with the rules and standards authorized herein.

Such(1) proce-"Board" duresmeans shall include the mannerIdaho andboard formof forhealth making application for license, investigation upon application and noticewelfare. of decision.

(b2)(2) It"Child iscare" recognizedmeans that children'scare, agenciescontrol, maysupervision haveor theirmaintenance ownof pro-children cedures for approvaltwenty-four of(24) fosterhours homesa affiliatedday withwhich theiris programs.provided as an alterna- tive to parental care.

Any(3) foster"Child" homemeans whichan hasindividual been approved by a licensed children's agency shall be exempt from the licensing provisions of this chapter, provided that the standards for approval by such agency are no less restrictive than ruleseighteen and(18) standardsyears established by the board of healthage andwho welfare, and provided fur- ther that such children's agency is maintainednot andenrolled operated in conformityan withinstitution rules and standards of thehigher boardeducation. of health and welfare.

The(4) board"Children's agency" means a person who operates a business for the placement of healthchildren andin welfarefoster mayhomes promulgateor rulesfor necessaryadoption toin implementa thepermanent provi-home sionsand who does not provide child care as part of thisthat section.business.

(c3)Children's Theagency boarddoes ofnot healthinclude anda welfarelicensed isattorney herebyor authorizedphysician toassisting establishor rulespro- allowingviding fornatural continuedand careadoptive forparents appropriatewith individualslegal eighteen (18) to twenty-one (21) years of age who have been receiving services by, through, or withmedical theservices authorizationnecessary ofto theinitiate department of health and welfarecomplete oradoptive theplacements. de- partment of juvenile corrections prior to their eighteenth birthday.

(4)(a)(5) The"Children's boardcamp" ofmeans healtha andprogram welfareof ischild authorizedcare toat grant a waiverlocation away from licensingthe tochild's temporaryhome residentialwhich treatmentis programsprimarily forrecreational youth,and which,includes forthe purposesovernight accommodation of thisthe section,child areand definedis asnot programsintended that pro - vide treatment to personsprovide agedtreat- thirteenment, (13)therapy throughor seventeenrehabilitation (17) years for athe timechild. period not to exceed three (3) months.

To(6) qualify"Children's forinstitution" means a waiverperson underwho thisoperates subsection, a programresidential must:facility for children not related to that person if that person is an indi- vidual, for the purpose of providing child care.

(i)Children's Serveinstitutions personsinclude, whobut haveare anot medicallimited doctor'sto, prescriptionfoster orhomes, recommendationmaternity verifyinghomes, thechildren's person'stherapeutic needoutdoor forprograms, treatment,or exceptany asfacilities providedproviding otherwisetreatment, inther- thisapy subsection;or rehabilitation for children.

(ii)Children's Serveinstitutions personsdo whosenot parentinclude: or guardian has, pursuant to sec- tion 15-5-104, Idaho Code, executed a power of attorney delegating parental powers to the rehabilitation program entity, which power of attorney clearly indicates a responsible individual associated with the program, except as provided otherwise in this subsection;

(iii)(a) Conductfacilities backgroundwhich checksprovide ononly programdaycare staffas membersdefined everyin twochapter (2)11, years;title 39, Idaho Code;

and(b) (iv)facilities Offerand programagencies servicesincluding inhospitals, facilitiesskilled thatnurs- haveing passedfacilities, aintermediate ba-care sicfacilities, lifeand safetyintermediate andcare securityfacili- inspectionties conductedfor bypeople thewith localintellectual mudisabilities -licensed nicipalitypursuant buildingto departmentchapter or13, thetitle local39, fireIdaho marshal.Code;

(b)(c) Aday waiverschools; granted pursuant to this subsection shall be reviewed by the board every two (2) years.

If(d) aindividuals programacting offersin crisisan interventionad- forvisory acapacity, timecounseling nota tochild exceedin twenty-foura (24)religious hours,context, then the prescription and powerproviding ofno attorneychild describedcare inassociated subparagraphswith (i)the andadvice; (ii) of para - graph (a) of this subsection shall not be required for program partici - pants.

(e) the occasional or irregular care of a neighbor's, relative's or friend's child or children by a person not or- dinarily engaged in child care.

(7) "Children's residential care facility" means a children's institu- tion, excluding:

(a) Foster homes;

(b) Residential schools;

(c) Children's camps;

and (d) Temporary alcohol-drug abuse treatment facilities.

No facility expressly excluded from the definition of a children's institu- tion is included within the definition of a children's residential care fa- cility.

(8) "Children's therapeutic outdoor program" is a program which is de- signed to provide behavioral, substance abuse, or mental health services to minors in an outdoor setting.

This does not include children's camps, church camps, or other outdoor programs primarily designed to be educational or recreational, such as Boy Scouts, Girl Scouts, 4-H or sports camps.

(9) "Continued care" means the ongoing placement of an individual in a foster home, children's residential care facility, or transitional living placement who reaches the age of eighteen (18) years but is less than twenty- one (21) years of age.

(10) "Day school" means a public, private, parochial or secular facil- ity offering an educational program in which the children leave the facility each day at the conclusion of the academic, vocational or school supervised activities.

(11) "Department" means the state department of health and welfare.

(12) "Director" means the director of the department of health and wel- fare.

(13) "Foster care" means child care by a person not related to the child, in lieu of parental care, in a foster home.

(14) "Foster home" means a home which accepts, for any period of time, with or without compensation, one (1) or more children who are not related to the foster parent as members of the household for the purpose of providing substitute parental care.

(15) "Group care" means foster care of a number of children for whom child care in a family setting is not available or appropriate, in a dormi- tory or cottage type setting, characterized by activities and discipline of a more regimented and less formal nature than found in a family setting.

(16) "Juvenile detention" is as defined in section 20-502(6), Idaho Code, of the juvenile corrections act.

(17) "Juvenile detention center" means a facility established pursuant to sections 20-517 and 20-518, Idaho Code.

(18) "Person" includes any individual, group of individuals, associa- tion, partnership, limited liability company or corporation.

(19) "Placement" means finding a suitable licensed foster home or suit- able adoptive home for a child and completing the arrangements for a child to be accepted into and adjusted to such home.

(20) "Relative" means a child's grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling.