Bill Text: IA SF2235 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to standards for and certification and inspection of children's residential facilities. (Formerly SSB 3154.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-03-07 - Subcommittee, L. Miller, Fry, and Winckler. H.J. 427. [SF2235 Detail]
Download: Iowa-2015-SF2235-Amended.html
Senate File 2235 - Reprinted SENATE FILE BY COMMITTEE ON EDUCATION (SUCCESSOR TO SSB 3154) (As Amended and Passed by the Senate March 3, 2016) A BILL FOR 1 An Act relating to standards for and certification and 2 inspection of children's residential facilities. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 2235 (2) 86 kh/rj/jh PAG LIN 1 1 Section 1. NEW SECTION. 237C.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Administrator" means the administrator of that division 1 5 of the department designated by the director of human services 1 6 to administer this chapter or the administrator's designee. 1 7 2. "Child" or "children" means an individual or individuals 1 8 under eighteen years of age. 1 9 3. "Children's residential facility" means a private 1 10 facility designed to serve children who have been voluntarily 1 11 placed for reasons other than an exclusively recreational 1 12 activity outside of their home by a parent or legal guardian 1 13 and who are not under the custody or authority of the 1 14 department of human services, juvenile court, or another 1 15 governmental agency, that provides twenty=four hour care, 1 16 including food, lodging, supervision, education, or other care 1 17 on a full=time basis by a person other than a relative or 1 18 guardian of the child, but does not include an entity providing 1 19 any of the following: 1 20 a. Care furnished by an individual who receives the child of 1 21 a personal friend as an occasional and personal guest in the 1 22 individual's home, free of charge and not as a business. 1 23 b. Care furnished by an individual with whom a child has 1 24 been placed for lawful adoption, unless that adoption is not 1 25 completed within two years after placement. 1 26 c. Child care furnished by a child care facility as defined 1 27 in section 237A.1. 1 28 d. Care furnished in a hospital licensed under chapter 1 29 135B or care furnished in a health care facility as defined in 1 30 section 135C.1. 1 31 e. Care furnished by a juvenile detention home or juvenile 1 32 shelter care home approved under section 232.142. 1 33 f. Care furnished by a child foster care facility licensed 1 34 under chapter 237. 1 35 g. Care furnished by an institution listed in section 218.1. 2 1 h. Care furnished by a facility licensed under chapter 125. 2 2 i. Care furnished by a psychiatric medical institution for 2 3 children licensed under chapter 135H. 2 4 4. "Department" means the department of human services. 2 5 Sec. 2. NEW SECTION. 237C.2 Purpose. 2 6 It is the policy of this state to provide appropriate 2 7 protection for children who are separated from the direct 2 8 personal care of their parents, relatives, or guardians and, 2 9 therefore, the purpose of this chapter is to provide for the 2 10 development, establishment, and enforcement of standards 2 11 relating to the certification of children's residential 2 12 facilities. 2 13 Sec. 3. NEW SECTION. 237C.3 Certification standards ==== 2 14 consultation with other agencies. 2 15 1. The department of human services shall consult with 2 16 the department of education, the department of inspections 2 17 and appeals, the department of public health, the state fire 2 18 marshal, and other agencies as determined by the department 2 19 of human services to establish certification standards for 2 20 children's residential facilities in accordance with this 2 21 chapter. 2 22 2. Standards established by the department under this 2 23 chapter shall at a minimum address the basic health and 2 24 educational needs of children; protection of children from 2 25 mistreatment, abuse, and neglect; background and records checks 2 26 of persons providing care to children in facilities certified 2 27 under this chapter; the use of seclusion, restraint, or other 2 28 restrictive interventions; health; safety; emergency; and the 2 29 physical premises on which care is provided by a children's 2 30 residential facility. The background check requirements shall 2 31 be substantially equivalent to those applied under chapter 237 2 32 for a child foster care facility provider. 2 33 Sec. 4. NEW SECTION. 237C.4 Rules. 2 34 1. Except as otherwise provided in this section, the 2 35 department shall adopt rules pursuant to chapter 17A to 3 1 administer this chapter. 3 2 2. A children's residential facility shall be inspected by 3 3 the state fire marshal or the state fire marshal's designee 3 4 for compliance with rules relating to fire safety before the 3 5 department grants or renews a certificate of approval under 3 6 this chapter. Rules governing fire safety in children's 3 7 residential facilities shall be promulgated by the state 3 8 fire marshal pursuant to section 100.1, subsection 5, after 3 9 consultation with the administrator. 3 10 3. Rules governing sanitation, water and waste disposal 3 11 standards for children's residential facilities shall be 3 12 adopted by the department of public health pursuant to 3 13 section 135.11, subsection 12, after consultation with the 3 14 administrator. 3 15 4. Rules governing educational programs and education 3 16 services provided by children's residential facilities shall 3 17 be adopted by the state board of education pursuant to section 3 18 282.34. 3 19 5. In the case of a conflict between rules adopted pursuant 3 20 to subsections 2 and 3 and local rules, the more stringent 3 21 requirement applies. 3 22 Sec. 5. NEW SECTION. 237C.5 Certificate of approval ==== 3 23 certification required. 3 24 A person shall not operate a children's residential facility 3 25 without a certificate of approval to operate issued by the 3 26 administrator under this chapter. 3 27 Sec. 6. NEW SECTION. 237C.6 Certificate application and 3 28 issuance ==== denial, suspension, or revocation. 3 29 1. A person shall apply for a certificate to operate a 3 30 children's residential facility by completing and submitting to 3 31 the administrator an application in a form and format approved 3 32 by the administrator. The administrator shall issue or reissue 3 33 a certificate of approval if the administrator determines that 3 34 the applicant is or upon commencing operation will provide 3 35 children's residential facility services in compliance with 4 1 this chapter. A certificate of approval is valid for up to one 4 2 year from the date of issuance for the period determined by the 4 3 administrator in accordance with administrative rules providing 4 4 criteria for making the determination. 4 5 2. The certificate of approval shall state on its face the 4 6 name of the holder of the certificate, the particular premises 4 7 for which the certificate is issued, and the number of children 4 8 who may be cared for by the children's residential facility on 4 9 the premises at one time under the certificate of occupancy 4 10 issued by the state fire marshal or the state fire marshal's 4 11 designee. The certificate of approval shall be posted in a 4 12 conspicuous place in the children's residential facility. 4 13 3. The administrator may deny an application for issuance or 4 14 reissuance of a certificate of approval or suspend or revoke 4 15 a certificate of approval if the applicant or certificate 4 16 holder, as applicable, fails to comply with this chapter 4 17 or the rules adopted pursuant to this chapter or knowingly 4 18 makes a false statement concerning a material fact or 4 19 conceals a material fact on the application for the issuance 4 20 or reissuance of a certificate of approval or in a report 4 21 regarding operation of the children's residential facility 4 22 submitted to the administrator. All operations of a children's 4 23 residential facility shall cease during a period of suspension 4 24 or revocation. The administrator shall suspend or revoke a 4 25 certificate of approval of a children's residential facility 4 26 that fails to comply with section 282.34. 4 27 Sec. 7. NEW SECTION. 237C.7 Restricted use of facility. 4 28 A children's residential facility shall operate only in 4 29 a building or on premises designated in the certificate of 4 30 approval. 4 31 Sec. 8. NEW SECTION. 237C.8 Reports and inspections. 4 32 The administrator may require submission of reports by a 4 33 certificate of approval holder and shall cause at least one 4 34 annual unannounced inspection of a children's residential 4 35 facility to assess compliance with applicable requirements 5 1 and standards. The inspections shall be conducted by the 5 2 department of inspections and appeals in addition to initial, 5 3 renewal, and other inspections that result from complaints 5 4 or self=reported incidents. The department of inspections 5 5 and appeals and the department of human services may examine 5 6 records of a children's residential facility and may inquire 5 7 into matters concerning the children's residential facility 5 8 and its employees, volunteers, and subcontractors relating 5 9 to requirements and standards for children's residential 5 10 facilities under this chapter. 5 11 Sec. 9. NEW SECTION. 237C.9 Injunctive relief ==== civil 5 12 action. 5 13 1. A person who establishes, conducts, manages, or operates 5 14 a children's residential facility without a certificate of 5 15 approval required pursuant to this chapter, or a children's 5 16 residential facility with a certificate of approval that is not 5 17 operating in compliance with rules adopted pursuant to this 5 18 chapter, may be restrained by temporary or permanent injunction 5 19 from providing children's residential facility services or 5 20 from other involvement with child care. The action may be 5 21 instituted by the state or a county attorney. 5 22 2. The parent or legal guardian of a child who is placed 5 23 in a children's residential facility, the state, or the school 5 24 district in which the children's residential facility is 5 25 located, may bring a civil action seeking relief from conduct 5 26 constituting a violation of this chapter or section 282.34 or 5 27 to prevent, restrain, or remedy such violation. 5 28 3. If successful in obtaining injunctive relief under this 5 29 section, the petitioner shall be awarded reasonable attorney 5 30 fees and court costs. Multiple petitioners may join in a 5 31 single action under this section. 5 32 Sec. 10. NEW SECTION. 237C.10 Notice and hearings ==== 5 33 judicial review. 5 34 The procedure governing notice and hearing to deny an 5 35 application or suspend or revoke a certificate of approval 6 1 shall be in accordance with rules adopted by the department. 6 2 Sec. 11. NEW SECTION. 282.34 Educational programs for 6 3 children's residential facilities. 6 4 1. A children's residential facility operating under a 6 5 certificate of approval issued under chapter 237C shall do all 6 6 of the following: 6 7 a. Provide an educational program and appropriate education 6 8 services to children residing in the children's residential 6 9 facility by contracting with the school district in which 6 10 the children's residential facility is located, contracting 6 11 with an accredited nonpublic school, or becoming accredited 6 12 as a nonpublic school through the standards and accreditation 6 13 process described in section 256.11 and adopted by rule by the 6 14 state board of education. 6 15 b. Display prominently in all of its major publications 6 16 and on its internet site a notice accurately describing the 6 17 educational program and educational services provided by the 6 18 children's residential facility. 6 19 c. Include in any promotional, advertising, or marketing 6 20 materials regarding the children's residential facility 6 21 available in print, broadcast, or via the internet or by any 6 22 other means all fees charged by the children's residential 6 23 facility for the services offered or provided by the children's 6 24 residential facility and its refund policy for the return of 6 25 refundable portions of any fees. 6 26 2. The state board of education may adopt by rule pursuant 6 27 to chapter 17A standards for the following: 6 28 a. Educational programs and appropriate educational services 6 29 provided under this section. 6 30 b. Contracts between children's residential facilities and 6 31 school districts or accredited nonpublic schools. 6 32 c. Notices displayed in accordance with subsection 1, 6 33 paragraph "b". 6 34 3. A contract that fails to comply with any of the 6 35 requirements of subsection 1, or with standards adopted by the 7 1 state board of education under subsection 2, is void. 7 2 Sec. 12. REPEAL. Chapter 237B, Code 2016, is repealed. 7 3 Sec. 13. REPORT REQUIREMENT. By January 1, 2017, the 7 4 department of human services, the department of education, the 7 5 department of public health, and the state fire marshal shall 7 6 each submit a report to the general assembly concerning their 7 7 progress in adopting rules as appropriate under sections 237C.4 7 8 and 282.34, as enacted by this Act. SF 2235 (2) 86 kh/rj/jh
