ARIZONA STATE SENATE
Phoenix, Arizona
boot camps
Requires
the Department of Economic Security (DES) to investigate an agency or foster
home operating without a license and, if necessary, prevent the agency or
foster home from continuing operation. Modifies the definition of a child
welfare agency.
On July 1, 2001, a
14-year-old youth died while attending a privately funded, unlicensed “boot
camp” program. Residential services for children have significantly expanded
over the past decade, but most out-of-home placement providers receive public
funding and are licensed by the state agency responsible for the client
population.
Current statutes prohibit a
children’s camp from operating without a license from the Department of Health
Services (DHS) but “children’s camp” excludes any camp owned or leased for
individual or family use, penal or correctional camps, or places operated
solely for the education, care or treatment of children. Similarly, a child welfare agency is
prohibited from receiving any child for care, maintenance or placement in a
foster home unless the agency is licensed by DES, but “child welfare agency”
excludes a camp operating less than 12 months per year.
The proposed legislation
modifies the definition of a child welfare agency under the licensing purview
of DES and requires DES to investigate an agency or foster home operating
without a license. The bill further requires
an agency or foster home that provides treatment or uses restrictive behavior
management techniques to apply for licensure and requires DES to prevent
continued operation, if necessary.
There may be a fiscal impact
associated with this legislation if the need arises for DES to investigate and
license additional facilities. However, the impact has not been
determined.
1. Requires DES to investigate an agency or foster home operating without a license.
2. Requires an agency or foster home providing treatment or using restrictive behavior management techniques to obtain a license through DHS or DES.
3. Requires DES to prevent continued operation of an agency or foster home if necessary .
4. Removes from the definition of a child welfare agency, subject to licensure, the exemption for camps operating less than 12 months per year and boarding schools.
5. Excludes from the definition of a child welfare agency, subject to licensure, private agencies that provide social enrichment or recreational opportunities only and do not use restrictive behavior management techniques.
6. Defines restrictive behavior management as intervention through use of physical, chemical or mechanical restraint, physical force or seclusion.
7. Makes technical and conforming changes.
8. Provides for a general effective date.
Amendments Adopted in Committees
1. Excludes from licensure social and recreational agencies that do not use restrictive behavior management techniques.
2. Reinstates licensure for accredited agencies unless they meet exclusion criteria.
3. Allows DES to prevent continued operation for other reasons as well as operating without a license.
Amendments
Adopted in Committee of the Whole
· Makes a technical change.
JUD 3/26/02 DPA 9-0-0-1 APPROP 4/23/02 DPA
9-0-3
3rd Read 4/09/02 33-15-12-0 3rd Read 5/07/02 27-0-3
Final Read
5/16/02 47-10-3-0
Signed by the Governor 5/21/02
Chapter 279
Prepared by Senate Staff
May 30, 2002