HB2610 - 452R - House Bill Summary

House of Representatives

HB 2610

boot camps

Sponsors: Representatives Gullett, Huffman, Voss et al

DPA	Committee on Human Services
DPA	Committee on Judiciary
DPA	Caucus and COW
DPA	Third Read
X	As Transmitted to the Governor

HB 2610 excludes private agencies that provide social or recreational opportunities and that do not use restrictive behavior management techniques from the regulation requirements of a child welfare agency. The bill requires agencies that provide prescribed treatment to obtain a license issued by the Department of Health Services (DHS) or the Department of Economic Security (DES).

History

Current law requires the DHS to issue licenses for the operation of children’s camps as well as conduct annual inspections of each camp to ensure compliance with standards. While statute defines a children’s camp as any land with permanent structures used as living quarters where both food and lodging is provided for minors and is operated for a period of five days or more each year, camps owned or leased for individual or family use, penal or correctional camps, or places operated solely for the education, care or treatment of children are excluded from the definition.

DES is required to establish rules, regulations and standards as well as exercise supervision over all child welfare agencies. Current statute however excludes camps operating less than twelve months per year from the definition of a child welfare agency.

Boot camp programs in the state of Arizona do not fall within the jurisdiction of either DHS or DES, resulting in unlicensed programs. Parents often enroll their children in these types of programs to help modify their behavior before they enter the juvenile justice system. In July 2001, Governor Jane Hull organized a Boot Camp Advisory Committee. The committee recommended that information be compiled regarding boot camps and be made available to parents. The committee also made recommendations to strengthen statutory definitions. HB 2610 modifies the definition of a child welfare agency and prescribes licensure requirements.

Provisions

· Strikes the stipulation that camps operating less than twelve months a year are not child welfare agencies.

· Excludes private agencies that exclusively provide children with social enrichment or recreational opportunities and that do not use restrictive behavior management techniques.

· Defines restrictive behavior management.

· Allows the use of a device, action or medication to restrict the child in order to change the child’s behavior, including chemical, mechanical, or physical restraint or seclusion.

· Requires an agency to obtain a license issued by the DHS or DES if the agency provides treatment or permits restrictive behavior techniques.

· Makes technical and conforming changes.

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· 45th Legislature