Bill Text: OR HB2047 | 2011 | Regular Session | Enrolled
Bill Title: Relating to private residential boarding schools.
Spectrum: Unknown
Status: (Passed) 2011-06-09 - Chapter 278, (2011 Laws): Effective date January 1, 2012. [HB2047 Detail]
Download: Oregon-2011-HB2047-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2047
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber
for Department of Human Services)
CHAPTER ................
AN ACT
Relating to private residential boarding schools; creating new
provisions; and amending ORS 418.205, 418.210, 418.325 and
418.327.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 418.205, as amended by section 1, chapter 60,
Oregon Laws 2010, is amended to read:
418.205. As used in ORS 418.205 to 418.310 and 418.992 to
418.998, unless the context requires otherwise:
(1) 'Child' means an unmarried person under 18 years of age.
(2)(a) 'Child-caring agency' means any private { + school,
private + } agency or private organization providing:
(A) Day treatment for children with emotional disturbances;
(B) Adoption placement services;
(C) Residential care, including but not limited to foster care
or residential treatment for children;
{ + (D) Residential care in combination with academic
education and therapeutic care, including but not limited to
treatment for emotional, behavioral or mental health
disturbances; + }
{ - (D) - } { + (E) + } Outdoor youth programs; or
{ - (E) - } { + (F) + } Other similar services for
children.
(b) 'Child-caring agency' does not include:
(A) Residential facilities or foster care homes certified or
licensed by the Department of Human Services under ORS 443.400 to
443.455, 443.830 and 443.835 for children receiving developmental
disability services; { - or - }
(B) Any private agency or organization facilitating the
provision of respite services for parents pursuant to a properly
executed power of attorney under ORS 109.056. For purposes of
this subparagraph, 'respite services' means the voluntary
assumption of short-term care and control of a minor child
without compensation or reimbursement of expenses for the purpose
of providing a parent in crisis with relief from the demands of
ongoing care of the parent's child { + ; or
(C) A private residential boarding school as defined in
subsection (5)(b) of this section + }.
(3)(a) 'Outdoor youth program' means a program that provides,
in an outdoor living setting, services to children who have
Enrolled House Bill 2047 (HB 2047-INTRO) Page 1
behavioral problems, mental health problems or problems with
abuse of alcohol or drugs.
(b) 'Outdoor youth program' does not include any program,
facility or activity:
(A) Operated by a governmental entity;
(B) Operated or affiliated with the Oregon Youth Conservation
Corps; or
(C) Licensed by the Department of Human Services under other
authority of the department.
(4) 'Private' means not owned, operated or administered by any
governmental agency or unit.
{ + (5) 'Private residential boarding school' means either of
the following as the context requires:
(a) A child-caring agency that is a private school that
provides residential care in combination with academic education
and therapeutic care, including but not limited to treatment for
emotional, behavioral or mental health disturbances; or
(b) A private school providing residential care that is
primarily engaged in educational work under ORS 418.327. + }
SECTION 2. ORS 418.210, as amended by section 2, chapter 60,
Oregon Laws 2010, is amended to read:
418.210. ORS 418.205 to 418.325 shall not apply to:
(1) Homes established and maintained by fraternal organizations
wherein only members, their wives, widows and children are
admitted as residents;
(2) Any family foster home that is subject to ORS 418.625 to
418.645;
(3) Any child care facility that is subject to ORS 657A.030 and
657A.250 to 657A.450;
(4) Any individual, or home of an individual, providing respite
services, as defined in ORS 418.205, for parents pursuant to a
properly executed power of attorney under ORS 109.056;
{ - or - }
(5) Any private agency or organization facilitating the
provision of respite services, as defined in ORS 418.205, for
parents pursuant to a properly executed power of attorney under
ORS 109.056 { + ; or
(6) A private residential boarding school as defined in ORS
418.205 (5)(b) + }.
SECTION 3. ORS 418.325 is amended to read:
418.325. (1) A child-caring agency shall safeguard the health
of each ward or other dependent or delinquent child in its care
by providing for medical examinations of each child by a
qualified physician at the following intervals:
(a) Three examinations during the first year of the child's
life;
(b) One examination during the second year of the child's life;
(c) One examination at the age of four;
(d) One examination at the age of six;
(e) One examination at the age of nine; and
(f) One examination at the age of 14.
(2) If an examination under subsection (1) of this section has
not occurred within six months prior to the transfer for adoption
of the custody of a child by a child-caring agency to the
prospective adoptive parents of such child, a child-caring agency
shall provide for a medical examination of such child within six
months prior to such transfer.
(3) Any testing that occurs at intervals other than those
specified in subsections (1) and (2) of this section shall not be
considered to be in lieu of the required examinations. However,
Enrolled House Bill 2047 (HB 2047-INTRO) Page 2
nothing in subsections (1) and (2) of this section is intended to
limit more frequent examinations that are dictated by the general
state of the child's health or by any particular condition.
(4) Within 90 days of obtaining guardianship over a child under
six years of age, a child-caring agency shall provide for such
child to be:
(a) Inoculated as determined appropriate by the county public
health department; and
(b) Tested for:
(A) Phenylketonuria pursuant to ORS 433.285;
(B) Visual and aural acuity consistent with the child's age;
(C) Sickle-cell anemia;
(D) Effects of rubella, if any;
(E) Effects of parental venereal disease, if any; and
(F) The hereditary or congenital effects of parental use of
drugs or controlled substances.
(5) Within six months prior to the transfer for adoption of the
custody of a child by a child-caring agency to the prospective
adoptive parents of such child, the child-caring agency shall
provide for such child to have a complete physical examination by
a physician, including but not limited to inspection for evidence
of child abuse in accordance with rules of the Department of
Human Services, and be tested for visual and aural acuity
consistent with the child's age.
(6) A child-caring agency shall record the results of tests
provided a child pursuant to subsections (1) to (5) of this
section in the child's health record. The child's health record
shall be kept as a part of the agency's total records of that
child. The child's health record shall be made available to both
natural parents and to both prospective foster or adoptive
parents of that child. A qualified member of a child-caring
agency under the supervision of a qualified physician shall
explain to adoptive parents the medical factors possible as a
result of a child's birth history, hereditary or congenital
defects, or disease or disability experience.
{ + (7) This section does not apply to a private residential
boarding school as defined in ORS 418.205 (5)(a). + }
SECTION 4. ORS 418.327 is amended to read:
418.327. (1) Inspections and reviews of { - private
schools - } { + private residential boarding schools that are
primarily engaged in educational work + }or other organizations
offering residential programs for children may be conducted by
the Department of Human Services at times and frequencies of the
department's choosing. The department shall consult with
representatives of the { - private schools - } { + private
residential boarding schools + } and organizations in developing
the standards that shall be the basis for inspections and
reviews.
(2) Upon finding that the facilities and operation of a school
or organization described in subsection (1) of this section meet
the standards of the department for the physical health, care and
safety of the children, the department shall issue a license to
operate the residential program. The license shall be valid for a
period of two years, unless sooner suspended or revoked by the
department. However, the department may require that application
be made for amendment to an existing license when changes in a
facility or program are to occur. The department shall charge no
fee for its own inspections or reviews, nor for issuing licenses,
but may charge fees to cover costs of inspections done by other
governmental agencies for the department.
Enrolled House Bill 2047 (HB 2047-INTRO) Page 3
(3) No person or organization shall operate a facility
described in subsection (1) of this section without having a
current, valid license issued by the department.
(4) Any person, including the Director of Human Services, may
file a complaint with the department alleging that children
attending a { - private school which provides boarding or
residential programs - } { + private residential boarding
school described in subsection (1) of this section + }, or that
children within the control of any other organization
{ - which - } { + that + } provides boarding or residential
programs, are not receiving shelter, food, guidance, training or
education necessary to the health, safety, welfare or social
growth of the children or necessary to serve the best interests
of society.
(5) The department shall investigate complaints made under
subsection (4) of this section and, if a reasonable basis for
sustaining the complaint appears, shall set a hearing to examine
publicly the complaint. The department shall conduct its
investigation under the standards and authority provided under
ORS 418.215 to 418.325. Except as provided in subsection (7) of
this section, at least two weeks' written notice of the hearing
and substance of the complaint and the evidence in support
thereof shall be provided to the operator of the school or
organization. The parents of the child or children involved
shall be notified if such persons can be conveniently located.
Notice shall be served personally on the operator of the school
or organization, but may be served by mail at the last-known or
determined address of the parent or other adult responsible for
the child.
(6) The hearing shall comply with the provisions of ORS chapter
183 as to procedures, findings and orders. Where the evidence at
the hearing justifies such an order, the department is authorized
to order the { - private - } school or organization to correct
the conditions not in conformity with standards. If corrections
are not made within time limits set by the department, the
department may suspend or revoke the license or may refuse to
renew the license and is empowered to make any other lawful
orders necessary to the protection of the child or children
involved.
(7) Where a condition exists that immediately endangers the
health or safety of a child, the Director of Human Services may
issue an interim order without any notice, or with such notice as
is practical under the circumstances, requiring the school or
organization to alter the conditions under which the child lives
or receives schooling. Such interim emergency order shall remain
in force until a final order, after a hearing as provided in
subsection (5) of this section, is entered.
(8) Any school or organization shall cooperate with the
department in making any inspection or review or investigating
any complaint made under this section.
(9) The Superintendent of Public Instruction shall cooperate
with the department upon request by advising the department as to
whether or not the educational program conducted at the school or
organization meets minimum standards required of public
educational institutions.
(10) Nothing in this section applies to public or private
institutions of higher education, community colleges, common or
union high school districts that provide board and room in lieu
of transportation or any other child-caring program already
Enrolled House Bill 2047 (HB 2047-INTRO) Page 4
subject to state licensing procedures by any agency of this
state.
(11) Subject to ORS chapter 183, the department may adopt rules
to implement this section.
(12) In addition to remedies otherwise provided under this
section and under ORS { - 412.991 and - } 418.990, the
department may commence an action to enjoin operation of a
{ - private school - } { + private residential boarding school
described in subsection (1) of this section + } or other
organization offering residential programs for children:
(a) If the school or organization is being operated without a
valid license issued under subsection (2) of this section; or
(b) If the { - private - } school or organization fails to
correct the conditions not in conformity with standards, as set
out in an order issued under subsection (6) of this section,
within the time specified in the order.
SECTION 5. { + The amendments to ORS 418.205, 418.210, 418.325
and 418.327 by sections 1 to 4 of this 2011 Act apply to private
residential boarding schools operating before, on or after the
effective date of this 2011 Act. + }
----------
Passed by House February 14, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 24, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2047 (HB 2047-INTRO) Page 5
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2047 (HB 2047-INTRO) Page 6
