Dems: Government Oversight – week of April 18, 2016

April 25, 2016
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SF 2304 – Certification and oversight of certain children’s centers

HF 2449 – Administrative rules filing timelines

 

FLOOR ACTION:

SF 2304 provides basic certification and oversight of certain children’s centers, which  are privately funded facilities designed to serve children who are not under the authority of Department of Human Services, juvenile court or another government agency; and that offer child care, family support services, medical or therapeutic programming, educational enrichment or housing. The bill provides a list of exempted facilities that already have a level of state oversight and inspection.

 

Minimum standards must address the basic health, safety and educational needs of children; protect children from mistreatment, abuse and neglect; and address the appropriate use of seclusion, restraint or other restrictive interventions. Background and records checks of those providing care are required.

 

The administrator may deny an application for a certificate of approval or revoke a certificate if the facility/applicant fails to comply with the health, safety or educational standards. The administrator must conduct at least one annual unannounced inspection to assess compliance with applicable requirements and standards. The inspections must be conducted by the Department of Inspections & Appeals in addition to initial, renewal and other inspections that result from complaints or self-reported incidents. The Department of Inspections & Appeals and the Department of Human Services may examine records and inquire into matters concerning the facility and its employees, volunteers and subcontractors relating to requirements and standards under this chapter.

 

Injunctive relief and civil action is permitted and may be instituted by the state, a county attorney or the parent or legal guardian of a child who is placed in the facility. Facilities must provide education and appropriate services by contracting with the school district where the facility is located or an accredited nonpublic school, or becoming accredited as a nonpublic school. The facility must describe these offerings in their publication and website. They must include fees charged for services and return policies in all promotional, advertising or marketing materials.

 

The House amended the bill with these provisions:

  • The Department of Education is added to the list of people or institutions that can seek injunctive relief.
  • Under the Education Program section, the amendment does NOT include broadcast information or information available by any other means.
  • Preferred technical language by the departments of Public Health and Public Safety is incorporated. Under the language, facilities must comply with standards adopted by the state fire marshal under fire safety regulations, chapter 100. They must also meet sanitation, water and waste disposal standards adopted under consultation with the Department of Public Health.
  • “Bona Fide Religious Institution” exemption is added. This would create a loophole that senators think could exploited.

[4/18: Senate refused to concur with House amendment]

 

 

COMMITTEE ACTION:

HF 2449 requires an executive branch agency to submit proposed administrative rules to the administrative rules coordinator and the administrative code editor within 180 days of the date on which the provision becomes effective. If an agency cannot meet this requirement, the agency must submit a written notification to the Administrative Rules Review Committee with an explanation for the delay and an estimated timeline for submitting a notice of intended action. A committee amendment modified the bill so that the 180-day rule making timeframe applies only to legislation that expressly requires rule making and also to legislation that falls within a statute that requires rule making. The amendment clarifies that this legislation does not prohibit an agency from making rules after 180 days of new legislation being enacted. It also applies retroactively to bills passed during the 2016 session that expressly require rule making. Currently, this bill would only impact legislation enacted after this bill becomes effective.

[4/20: short form]

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