Bill Text: IA SSB3172 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act relating to standards for and certification and inspection of children's residential facilities.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-03-17 - Voted - Government Oversight. [SSB3172 Detail]
Download: Iowa-2015-SSB3172-Introduced.html
Senate
Study
Bill
3172
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
GOVERNMENT
OVERSIGHT
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
standards
for
and
certification
and
1
inspection
of
children’s
residential
facilities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
237C.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Administrator”
means
the
administrator
of
that
division
4
of
the
department
designated
by
the
director
of
human
services
5
to
administer
this
chapter
or
the
administrator’s
designee.
6
2.
“Child”
or
“children”
means
an
individual
or
individuals
7
under
eighteen
years
of
age.
8
3.
“Children’s
residential
facility”
means
a
private
9
facility
designed
to
serve
children
who
have
been
voluntarily
10
placed
for
reasons
other
than
an
exclusively
recreational
11
activity
outside
of
their
home
by
a
parent
or
legal
guardian
12
and
who
are
not
under
the
custody
or
authority
of
the
13
department
of
human
services,
juvenile
court,
or
another
14
governmental
agency,
that
provides
twenty-four
hour
care,
15
including
food,
lodging,
supervision,
education,
or
other
care
16
on
a
full-time
basis
by
a
person
other
than
a
relative
or
17
guardian
of
the
child,
but
does
not
include
an
entity
providing
18
any
of
the
following:
19
a.
Care
furnished
by
an
individual
who
receives
the
child
of
20
a
personal
friend
as
an
occasional
and
personal
guest
in
the
21
individual’s
home,
free
of
charge
and
not
as
a
business.
22
b.
Care
furnished
by
an
individual
with
whom
a
child
has
23
been
placed
for
lawful
adoption,
unless
that
adoption
is
not
24
completed
within
two
years
after
placement.
25
c.
Child
care
furnished
by
a
child
care
facility
as
defined
26
in
section
237A.1.
27
d.
Care
furnished
in
a
hospital
licensed
under
chapter
28
135B
or
care
furnished
in
a
health
care
facility
as
defined
in
29
section
135C.1.
30
e.
Care
furnished
by
a
juvenile
detention
home
or
juvenile
31
shelter
care
home
approved
under
section
232.142.
32
f.
Care
furnished
by
a
child
foster
care
facility
licensed
33
under
chapter
237.
34
g.
Care
furnished
by
an
institution
listed
in
section
218.1.
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h.
Care
furnished
by
a
facility
licensed
under
chapter
125.
1
i.
Care
furnished
by
a
psychiatric
medical
institution
for
2
children
licensed
under
chapter
135H.
3
4.
“Department”
means
the
department
of
human
services.
4
Sec.
2.
NEW
SECTION
.
237C.2
Purpose.
5
It
is
the
policy
of
this
state
to
provide
appropriate
6
protection
for
children
who
are
separated
from
the
direct
7
personal
care
of
their
parents,
relatives,
or
guardians
and,
8
therefore,
the
purpose
of
this
chapter
is
to
provide
for
the
9
development,
establishment,
and
enforcement
of
standards
10
relating
to
the
certification
of
children’s
residential
11
facilities.
12
Sec.
3.
NEW
SECTION
.
237C.3
Certification
standards
——
13
consultation
with
other
agencies.
14
1.
The
department
of
human
services
shall
consult
with
15
the
department
of
education,
the
department
of
inspections
16
and
appeals,
the
department
of
public
health,
the
state
fire
17
marshal,
and
other
agencies
as
determined
by
the
department
18
of
human
services
to
establish
certification
standards
for
19
children’s
residential
facilities
in
accordance
with
this
20
chapter.
21
2.
Standards
established
by
the
department
under
this
22
chapter
shall
at
a
minimum
address
the
basic
health
and
23
educational
needs
of
children;
protection
of
children
from
24
mistreatment,
abuse,
and
neglect;
background
and
records
checks
25
of
persons
providing
care
to
children
in
facilities
certified
26
under
this
chapter;
the
use
of
seclusion,
restraint,
or
other
27
restrictive
interventions;
health;
safety;
emergency;
and
the
28
physical
premises
on
which
care
is
provided
by
a
children’s
29
residential
facility.
The
background
check
requirements
shall
30
be
substantially
equivalent
to
those
applied
under
chapter
237
31
for
a
child
foster
care
facility
provider.
32
Sec.
4.
NEW
SECTION
.
237C.4
Rules.
33
1.
Except
as
otherwise
provided
in
this
section,
the
34
department
shall
adopt
rules
pursuant
to
chapter
17A
to
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administer
this
chapter.
1
2.
A
children’s
residential
facility
shall
be
inspected
by
2
the
state
fire
marshal
or
the
state
fire
marshal’s
designee
3
for
compliance
with
rules
relating
to
fire
safety
before
the
4
department
grants
or
renews
a
certificate
of
approval
under
5
this
chapter.
Rules
governing
fire
safety
in
children’s
6
residential
facilities
shall
be
promulgated
by
the
state
7
fire
marshal
pursuant
to
section
100.1,
subsection
5,
after
8
consultation
with
the
administrator.
9
3.
Rules
governing
sanitation,
water,
and
waste
disposal
10
standards
for
children’s
residential
facilities
shall
be
11
adopted
by
the
department
of
public
health
pursuant
to
12
section
135.11,
subsection
12,
after
consultation
with
the
13
administrator.
14
4.
Rules
governing
educational
programs
and
education
15
services
provided
by
children’s
residential
facilities
shall
16
be
adopted
by
the
state
board
of
education
pursuant
to
section
17
282.34.
18
5.
In
the
case
of
a
conflict
between
rules
adopted
pursuant
19
to
subsections
2
and
3
and
local
rules,
the
more
stringent
20
requirement
applies.
21
Sec.
5.
NEW
SECTION
.
237C.5
Certificate
of
approval
——
22
certification
required.
23
A
person
shall
not
operate
a
children’s
residential
facility
24
without
a
certificate
of
approval
to
operate
issued
by
the
25
administrator
under
this
chapter.
26
Sec.
6.
NEW
SECTION
.
237C.6
Certificate
application
and
27
issuance
——
denial,
suspension,
or
revocation.
28
1.
A
person
shall
apply
for
a
certificate
to
operate
a
29
children’s
residential
facility
by
completing
and
submitting
to
30
the
administrator
an
application
in
a
form
and
format
approved
31
by
the
administrator.
The
administrator
shall
issue
or
reissue
32
a
certificate
of
approval
if
the
administrator
determines
that
33
the
applicant
is
or
upon
commencing
operation
will
provide
34
children’s
residential
facility
services
in
compliance
with
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this
chapter.
A
certificate
of
approval
is
valid
for
up
to
one
1
year
from
the
date
of
issuance
for
the
period
determined
by
the
2
administrator
in
accordance
with
administrative
rules
providing
3
criteria
for
making
the
determination.
4
2.
The
certificate
of
approval
shall
state
on
its
face
the
5
name
of
the
holder
of
the
certificate,
the
particular
premises
6
for
which
the
certificate
is
issued,
and
the
number
of
children
7
who
may
be
cared
for
by
the
children’s
residential
facility
on
8
the
premises
at
one
time
under
the
certificate
of
occupancy
9
issued
by
the
state
fire
marshal
or
the
state
fire
marshal’s
10
designee.
The
certificate
of
approval
shall
be
posted
in
a
11
conspicuous
place
in
the
children’s
residential
facility.
12
3.
The
administrator
may
deny
an
application
for
issuance
or
13
reissuance
of
a
certificate
of
approval
or
suspend
or
revoke
14
a
certificate
of
approval
if
the
applicant
or
certificate
15
holder,
as
applicable,
fails
to
comply
with
this
chapter
16
or
the
rules
adopted
pursuant
to
this
chapter
or
knowingly
17
makes
a
false
statement
concerning
a
material
fact
or
18
conceals
a
material
fact
on
the
application
for
the
issuance
19
or
reissuance
of
a
certificate
of
approval
or
in
a
report
20
regarding
operation
of
the
children’s
residential
facility
21
submitted
to
the
administrator.
All
operations
of
a
children’s
22
residential
facility
shall
cease
during
a
period
of
suspension
23
or
revocation.
The
administrator
shall
suspend
or
revoke
a
24
certificate
of
approval
of
a
children’s
residential
facility
25
that
fails
to
comply
with
section
282.34.
26
Sec.
7.
NEW
SECTION
.
237C.7
Restricted
use
of
facility.
27
A
children’s
residential
facility
shall
operate
only
in
28
a
building
or
on
premises
designated
in
the
certificate
of
29
approval.
30
Sec.
8.
NEW
SECTION
.
237C.8
Reports
and
inspections.
31
The
administrator
may
require
submission
of
reports
by
a
32
certificate
of
approval
holder
and
shall
cause
at
least
one
33
annual
unannounced
inspection
of
a
children’s
residential
34
facility
to
assess
compliance
with
applicable
requirements
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and
standards.
The
inspections
shall
be
conducted
by
the
1
department
of
inspections
and
appeals
in
addition
to
initial,
2
renewal,
and
other
inspections
that
result
from
complaints
3
or
self-reported
incidents.
The
department
of
inspections
4
and
appeals
and
the
department
of
human
services
may
examine
5
records
of
a
children’s
residential
facility
and
may
inquire
6
into
matters
concerning
the
children’s
residential
facility
7
and
its
employees,
volunteers,
and
subcontractors
relating
8
to
requirements
and
standards
for
children’s
residential
9
facilities
under
this
chapter.
10
Sec.
9.
NEW
SECTION
.
237C.9
Injunctive
relief
——
civil
11
action.
12
1.
A
person
who
establishes,
conducts,
manages,
or
operates
13
a
children’s
residential
facility
without
a
certificate
of
14
approval
required
pursuant
to
this
chapter,
or
a
children’s
15
residential
facility
with
a
certificate
of
approval
that
is
not
16
operating
in
compliance
with
rules
adopted
pursuant
to
this
17
chapter
or
section
282.34,
may
be
restrained
by
temporary
or
18
permanent
injunction
from
providing
children’s
residential
19
facility
services
or
from
other
involvement
with
child
care.
20
The
action
may
be
instituted
by
the
state
or
a
county
attorney.
21
2.
The
parent
or
legal
guardian
of
a
child
who
is
placed
22
in
a
children’s
residential
facility,
the
state,
or
the
school
23
district
in
which
the
children’s
residential
facility
is
24
located,
may
bring
a
civil
action
seeking
relief
from
conduct
25
constituting
a
violation
of
this
chapter
or
section
282.34
26
or
to
prevent,
restrain,
or
remedy
such
violation.
Multiple
27
petitioners
may
join
in
a
single
action
under
this
subsection.
28
3.
If
successful
in
obtaining
injunctive
relief
under
this
29
section,
the
petitioner
shall
be
awarded
reasonable
attorney
30
fees
and
court
costs.
31
Sec.
10.
NEW
SECTION
.
237C.10
Notice
and
hearings
——
32
judicial
review.
33
The
procedure
governing
notice
and
hearing
to
deny
an
34
application
or
suspend
or
revoke
a
certificate
of
approval
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shall
be
in
accordance
with
rules
adopted
by
the
department.
1
Sec.
11.
NEW
SECTION
.
282.34
Educational
programs
for
2
children’s
residential
facilities.
3
1.
A
children’s
residential
facility
operating
under
a
4
certificate
of
approval
issued
under
chapter
237C
shall
do
all
5
of
the
following:
6
a.
Provide
an
educational
program
and
appropriate
education
7
services
to
children
residing
in
the
children’s
residential
8
facility
by
contracting
with
the
school
district
in
which
9
the
children’s
residential
facility
is
located,
contracting
10
with
an
accredited
nonpublic
school,
or
becoming
accredited
11
as
a
nonpublic
school
through
the
standards
and
accreditation
12
process
described
in
section
256.11
and
adopted
by
rule
by
the
13
state
board
of
education.
14
b.
Display
prominently
in
all
of
its
major
publications
15
and
on
its
internet
site
a
notice
accurately
describing
the
16
educational
program
and
educational
services
provided
by
the
17
children’s
residential
facility.
18
c.
Include
in
any
promotional,
advertising,
or
marketing
19
materials
regarding
the
children’s
residential
facility
20
available
in
print,
broadcast,
or
via
the
internet
or
by
any
21
other
means
all
fees
charged
by
the
children’s
residential
22
facility
for
the
services
offered
or
provided
by
the
children’s
23
residential
facility
and
its
refund
policy
for
the
return
of
24
refundable
portions
of
any
fees.
25
2.
The
state
board
of
education
shall
adopt
by
rule
pursuant
26
to
chapter
17A
standards
for
the
following:
27
a.
Educational
programs
and
appropriate
educational
services
28
provided
under
this
section.
29
b.
Contracts
between
children’s
residential
facilities
and
30
school
districts
or
accredited
nonpublic
schools.
31
c.
Notices
displayed
in
accordance
with
subsection
1,
32
paragraph
“b”
.
33
3.
A
contract
that
fails
to
comply
with
any
of
the
34
requirements
of
subsection
1,
or
with
standards
adopted
by
the
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state
board
of
education
under
subsection
2,
is
void.
1
Sec.
12.
REPEAL.
Chapter
237B,
Code
2016,
is
repealed.
2
Sec.
13.
REPORT
REQUIREMENT.
By
January
1,
2017,
the
3
department
of
human
services,
the
department
of
education,
the
4
department
of
public
health,
and
the
state
fire
marshal
shall
5
each
submit
a
report
to
the
general
assembly
concerning
their
6
progress
in
adopting
rules
as
appropriate
under
sections
237C.4
7
and
282.34,
as
enacted
by
this
Act.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
provides
for
standards
for
and
certification
and
12
inspection
of
children’s
residential
facilities.
13
Currently,
Code
section
237B.1
allows
the
department
of
14
human
services
(DHS)
to
establish
broad
facility
standards
15
for
the
protection
of
children’s
safety
for
children
served
16
by
children’s
centers,
but
prohibits
the
department
from
17
establishing
program
development
or
oversight
standards.
The
18
bill
repeals
and
replaces
Code
chapter
237B
with
new
Code
19
chapter
237C
to
provide
the
department
with
more
oversight
20
authority.
21
DEFINITION.
The
bill
defines
“children’s
residential
22
facility”
to
mean
a
private
facility
designed
to
serve
children
23
under
the
age
of
18
who
have
been
voluntarily
placed
for
24
reasons
other
than
an
exclusively
recreational
activity
outside
25
of
their
home
by
a
parent
or
legal
guardian
and
who
are
not
26
under
the
custody
or
authority
of
the
DHS,
juvenile
court,
27
or
another
governmental
agency,
and
the
facility
provides
28
24-hour
care,
including
food,
lodging,
supervision,
education,
29
or
other
care.
The
bill
excludes
from
the
definition
care
30
provided
by
certain
individuals,
such
as
personal
friends
or
31
in
circumstances
preceding
adoption,
and
care
furnished
by
32
entities
otherwise
regulated
by
a
state
agency.
33
CERTIFICATION
STANDARDS.
DHS
must
at
a
minimum
consult
34
with
the
departments
of
education,
inspections
and
appeals,
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and
public
health,
and
the
state
fire
marshal
to
establish
1
certification
standards
for
children’s
residential
facilities.
2
The
standards
must
at
a
minimum
address
the
basic
health
and
3
educational
needs
of
children;
protection
of
children
from
4
mistreatment,
abuse,
and
neglect;
background
and
records
checks
5
of
persons
providing
care
to
children
in
such
facilities;
6
the
use
of
seclusion,
restraint,
or
other
restrictive
7
interventions;
health;
safety;
emergency;
and
the
physical
8
premises
on
which
care
is
provided
by
a
children’s
residential
9
facility.
10
AGENCY
RULES.
DHS
must
adopt
rules
to
administer
the
11
new
Code
chapter.
The
state
fire
marshal
must
adopt
rules
12
relating
to
safety
in
children’s
residential
facilities
after
13
consultation
with
the
DHS
administrator.
Such
facilities
14
must
be
inspected
by
the
state
fire
marshal
or
the
state
15
fire
marshal’s
designee
before
the
DHS
grants
or
renews
a
16
certificate
of
approval.
The
department
of
public
health
17
(DPH)
must
adopt
rules
governing
sanitation,
water,
and
waste
18
disposal
standards
for
children’s
residential
facilities
after
19
consultation
with
the
DHS
administrator.
In
the
case
of
a
20
conflict
between
local
rules
and
rules
adopted
by
the
state
21
fire
marshal
or
DPH,
the
more
stringent
requirement
applies.
22
The
state
board
of
education
must
adopt
rules
governing
23
educational
programs
and
education
services
provided
by
24
children’s
residential
facilities.
25
CERTIFICATION
REQUIREMENTS.
A
person
shall
not
operate
26
a
children’s
residential
facility
without
a
certificate
of
27
approval
issued
by
the
DHS
administrator.
A
person
shall
apply
28
for
a
certificate
by
completing
and
submitting
to
the
DHS
29
administrator
an
application
in
a
form
and
format
approved
by
30
the
administrator.
The
administrator
shall
issue
or
reissue
a
31
certificate
of
approval
if
the
administrator
determines
that
32
the
applicant
is
or
upon
commencing
operation
will
provide
33
children’s
residential
facility
services
in
compliance
with
the
34
new
Code
chapter.
A
certificate
of
approval
is
valid
for
up
to
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one
year
from
the
date
of
issuance
for
the
period
determined
1
by
the
administrator
in
accordance
with
administrative
rules
2
providing
criteria
for
making
the
determination.
3
The
certificate
of
approval
must
state
the
name
of
the
holder
4
of
the
certificate,
the
particular
premises
for
which
the
5
certificate
is
issued,
and
the
number
of
children
who
may
be
6
cared
for
by
the
facility.
The
certificate
of
approval
must
be
7
posted
in
a
conspicuous
place
in
the
facility.
A
children’s
8
residential
facility
shall
operate
only
in
a
building
or
on
9
premises
designated
in
the
certificate
of
approval.
10
The
administrator
may
deny
an
application
for
issuance
or
11
reissuance
of
a
certificate
or
suspend
or
revoke
a
certificate
12
of
approval
if
the
applicant
or
certificate
holder
fails
to
13
comply
with
the
requirements
or
rules
adopted
under
the
new
14
Code
chapter
or
knowingly
makes
a
false
statement
concerning
a
15
material
fact
or
conceals
a
material
fact
on
the
application
or
16
in
a
report
submitted
to
the
DHS
administrator.
All
operations
17
of
a
facility
must
cease
during
a
period
of
suspension
or
18
revocation.
The
administrator
must
suspend
or
revoke
a
19
certificate
of
approval
of
a
facility
that
fails
to
comply
20
with
statutory
requirements
for
educational
programs
at
such
21
facilities.
22
REPORTS
AND
INSPECTIONS.
The
DHS
administrator
may
require
23
submission
of
reports
by
a
certificate
of
approval
holder
24
and
shall
cause
at
least
one
annual
unannounced
inspection
25
of
a
children’s
residential
facility
by
the
department
of
26
inspections
and
appeals.
The
inspections
shall
be
conducted
in
27
addition
to
initial,
renewal,
and
other
inspections
that
result
28
from
complaints
or
self-reported
incidents.
The
department
29
of
inspections
and
appeals
and
DHS
may
examine
the
facility’s
30
records
and
may
inquire
into
matters
concerning
the
facility
31
and
its
employees,
volunteers,
and
subcontractors.
32
INJUNCTIVE
RELIEF.
A
person
who
establishes,
conducts,
33
manages,
or
operates
a
children’s
residential
facility
without
34
a
certificate
of
approval,
or
a
facility
with
a
certificate
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that
is
not
operating
in
compliance
with
the
bill
may
be
1
restrained
by
temporary
or
permanent
injunction
from
providing
2
services
or
from
other
involvement
with
child
care.
The
action
3
may
be
instituted
by
the
state
or
a
county
attorney.
4
The
parent
or
legal
guardian
of
a
child
who
is
placed
in
such
5
a
facility,
or
the
state,
or
the
school
district
in
which
the
6
children’s
residential
facility
is
located
may
bring
a
civil
7
action
seeking
relief
from
conduct
constituting
a
violation
of
8
the
bill
or
to
prevent,
restrain,
or
remedy
such
violation.
9
NOTICE
AND
HEARINGS
——
JUDICIAL
REVIEW.
The
procedure
10
governing
notice
and
hearing
to
deny
an
application
or
suspend
11
or
revoke
a
certificate
of
approval
shall
be
in
accordance
with
12
rules
adopted
by
DHS.
13
EDUCATIONAL
PROGRAMS.
A
children’s
residential
facility
14
must
provide
an
educational
program
and
appropriate
education
15
services
to
children
residing
in
the
facility
by
contracting
16
with
the
school
district
in
which
the
facility
is
located,
or
17
contracting
with
an
accredited
nonpublic
school,
or
becoming
18
accredited
as
a
nonpublic
school.
The
facility
must
display
19
prominently
in
all
of
its
major
publications
and
on
its
20
internet
site
a
notice
accurately
describing
its
educational
21
program
and
educational
services,
and
must
include
its
fees
and
22
refund
policy
in
any
promotional,
advertising,
or
marketing
23
materials
regarding
the
facility.
24
The
state
board
of
education
must
adopt
by
rule
standards
for
25
the
educational
programs
and
appropriate
educational
services
26
provided
by
such
facilities,
contracts
between
such
facilities
27
and
school
districts
or
accredited
nonpublic
schools,
and
28
notices
displayed
by
a
facility.
A
contract
that
fails
29
to
comply
with
any
of
the
educational
program
and
services
30
requirements
or
with
standards
adopted
by
the
state
board
of
31
education
is
void.
32
REPORT
REQUIREMENT.
By
January
1,
2017,
DHS,
the
department
33
of
education,
DPH,
and
the
state
fire
marshal
must
each
submit
34
a
report
to
the
general
assembly
concerning
their
progress
in
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