Bill Text: IN HB1188 | 2012 | Regular Session | Introduced
Bill Title: Private residential facilities for children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Family, Children and Human Affairs [HB1188 Detail]
Download: Indiana-2012-HB1188-Introduced.html
Citations Affected: IC 31-9-2; IC 31-27-7.
Synopsis: Private residential facilities for children. Requires the
department of child services to develop standards for the operation of
residential facilities for children with emotional, behavioral, or mental
health problems or disorders or problems with alcohol or substance
abuse. Provides a civil penalty not to exceed five hundred thousand
dollars for violations of the standards established.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Family, Children and Human
Affairs.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
SECTION 1. IC 31-9-2-77.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 77.4 "Mechanical restraint", for purposes of
IC 33-27-7, has the meaning set forth in IC 31-27-7-3.
Chapter 7. Protection of Children in Certain Private Residential Environments
Sec. 1. (a) This chapter applies to programs operated by a private entity that provide services to children, unrelated to the owner or operator of the program, that:
(1) provide a residential environment, including:
(A) a program with a wilderness or outdoor experience, expedition, or intervention;
(B) a boot camp experience or other experience designed to simulate characteristics of basic military training or correctional regimes;
(C) a therapeutic boarding school; or
(D) a behavioral modification program; and
(2) operate with a focus on serving children with:
(A) emotional, behavioral, or mental health problems or disorders; or
(B) problems with alcohol or substance abuse.
(b) This chapter does not apply to:
(1) facilities operated by the state;
(2) hospitals licensed by the state under IC 16-21-2; and
(3) foster care homes regulated under IC 31-27-4.
Sec. 2. As used in this chapter, "department" refers to the department of child services established by IC 31-25-1-1.
Sec. 3. (a) As used in this chapter, "mechanical restraint" means the use of:
(1) a mechanical device;
(2) a material; or
(3) equipment;
attached or adjacent to a child's body that the child cannot easily remove and that restricts the freedom of movement of all or part of the child's body or restricts normal access to the child's body.
(b) The term does not include:
(1) mechanical devices;
(2) material; or
(3) equipment;
used for postural support, used during transportation, or used to improve the mobility and independent functioning of a child rather than to restrict movement.
Sec. 4. As used in this chapter, "physical restraint" means physical contact between an educational provider and a child:
(1) in which the child unwillingly participates; and
(2) that involves the use of a manual hold to restrict freedom of movement of all or part of a child's body or to restrict normal access to the child's body.
The term does not include briefly holding a child without undue force in order to calm, comfort, or prevent unsafe behavior, including running into traffic, engaging in a physical altercation, or physical contact intended to gently assist or prompt a student in
performing a task or to guide or assist a student from one (1) area
to another.
Sec. 5. The department shall adopt rules under IC 4-22-2 that
require each location of a program governed by this chapter to
meet the following minimum standards:
(1) Child abuse and neglect (as described in IC 31-9-2-14(c))
is prohibited.
(2) Disciplinary techniques or other practices that involve the
withholding of essential food, water, clothing, shelter, or
medical care necessary to maintain physical health, mental
health, and general safety are prohibited.
(3) The protection and promotion of the right of each child to
be free from physical and mechanical restraints and seclusion
are required.
(4) Acts of physical or mental abuse designed to humiliate,
degrade, or undermine a child's self-respect are prohibited.
(5) Each child at a program governed by this chapter shall
have reasonable access to a telephone and be informed of the
child's right to access for making and receiving phone calls
with as much privacy as possible.
(6) Each child shall have access to national, state, and local
child abuse reporting hotline numbers.
(7) Each staff member and volunteer at a program governed
by this chapter shall be required to become familiar with
what constitutes child abuse and neglect as defined by state
law.
(8) Each staff member and volunteer shall be required to
become familiar with child abuse and neglect reporting
procedures.
(9) Programs shall make full disclosure of staff qualifications,
roles, and responsibilities.
(10) Each staff member and volunteer shall be required to be
familiar with the signs, symptoms, and appropriate responses
associated with heatstroke, dehydration, and hypothermia.
Each staff member and volunteer must be familiar with
policies and procedures for providing medical care and
seeking emergency medical care.
(11) Each staff member and volunteer must submit to the
program the necessary information, forms, or consents
required by the department to obtain a national criminal
history background check on the applicant through the state
police department under IC 10-13-3-39. An individual may
not be employed or serve as a volunteer if the criminal history
check reveals a felony conviction for child abuse or neglect,
spousal abuse, a crime against children, or a crime involving
violence, including rape, sexual assault, or homicide.
(12) Each program must have policies requiring the parent or
legal guardian of a child to notify the program in writing of
any medication the child is taking.
(13) Each program must notify the parent or legal guardian
of a child within twenty-four (24) hours after any changes
made to the child's medical treatment along with the reason
for any change.
(14) Each program must have procedures in place to notify
the parent or legal guardian of a child of any missed dosage
or prescribed medication.
(15) Each program must have procedures to notify the parent
or legal guardian of a child within forty-eight (48) hours after
any:
(A) on-site investigation of a report of child abuse or
neglect;
(B) violation of the health and safety standards for the
program; or
(C) violation of state licensing standards.
Sec. 6. (a) The department shall adopt rules under IC 4-22-2:
(1) establishing procedures and schedules for inspection of
programs covered under this chapter;
(2) establishing civil penalties for violations of this chapter
that do not exceed five hundred thousand dollars ($500,000)
per violation; and
(3) establishing procedures for hearings and appeal of
penalties assessed under this section or IC 4-21.5.
(b) Penalties collected under this section shall be deposited in
the state general fund.
