Assigned to FS & APPROP                                                                                       FOR CAUCUS & FLOOR ACTION

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2610

 

boot camps

 

Purpose

 

            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.

 

Background

 

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 under investigation to apply for licensure and requires DES to prevent continued operation if necessary.

 

There may be a fiscal impact associated with this legislation due to the requirement that DES investigate and license additional facilities. However, the impact has not been determined. 

 

Provisions

 

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 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 behavioral 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.

 

House Action                                                                  Senate Action

 

HS                   3/19/02     DPA           10-0-0-0              FS               4/17/02     DPA     6-0-0

JUD                 3/26/02    DPA              9-0-0-1             APPROP      4/23/02     DPA     9-0-3

3rd Read           4/9/02                     33-15-12-0

 

 

Prepared by Senate Staff

April 23, 2002