Donate

As you review this report, please consider donating. Your contribution will help us continue our work advocating for survivors and youth. Every donation makes an impact, no matter the size. Thank you for your support!

Completed by:

The Unsilenced Policy Team

Idaho Legislation Report

2022

2022

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

Introduction

The ‘troubled teen’ industry is a network of residential programs that claim to provide treatment for the behavioral and developmental needs of youth. The industry’s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.

Today, there are an estimated 120,000 – 200,000 minors in residential programs across the United States. These youth are placed each year by state child welfare agencies, juvenile justice courts, mental health providers, refugee resettlement agencies, school districts’ individualized education programs, and by parents.

Many of these youth have trauma histories, which are only exacerbated by being removed from their communities and institutionalized. Youth with lived experience describe these programs as being carceral, harsh, and abusive.

An estimated $23 billion dollars of public funds annually are used to place youth in residential programs. Daily rates for residential treatment ranges from $250-$800, costing up to $292,000 per year, per child.

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.

Idaho Legislation

General Oversight and Transparency Department of Health and Welfare
Oversight Agency Department of Health and Welfare
Which state agency oversees investigations? Department of Health and Welfare
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Must allow the Department of Health and Welfare access and entry at least every 12 months. The department must have access to the children's agency, therapeutic outdoor program, or residential care facility and its grounds, facilities, and records for determining compliance with the applicable rules as well as complaints against the organization.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? A service plan must be updated every ninety (90) days and must: 1. Assess the appropriateness of continuing the current placement; 2. Document services the organization will provide to assure the safety, health, permanency, and wellbeing of the child; 3. Document progress towards achieving the goals in the service plan; 4. Demonstrate the service plan was developed in a process that included participation of the child’s parent, guardian, or legal custodian, and the child. A child may be excluded from participation in development of the service plan if he is under nine (9) years of age or not capable of understanding the purpose of the planned services.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? An organization must have and follow an emergency policy and procedures. The policy must contain provisions for ensuring that a caregiver has and follows the organization's approved written procedures. However, it does not state that it must be done in a 24-hour period.
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Staff training must include cultural sensitivity and diversity, behavior management, and child development issues appropriate to the population served.
Does the state require medical response training for all staff working with children in residential settings? Training must also include instruction in administering cardiopulmonary resuscitation (CPR) and administering first aid appropriate to the age of the children in care within ninety (90) days after employment.
Does state require 1:4 staffing ratio or higher? Non-accredited children's residential schools shall have at least one (1) staff member on duty and one (1) on call and available within (10) minutes for each twenty-five (25) children or fraction thereof, when children are awake and present. During normal sleeping hours, children in each sleeping quarters shall be under close supervision and within easy call of a staff member, with one (1) on-call staff available within ten (10) minutes. The facility shall at all times have a staff coverage plan to ensure the safety and needs of the children that is approved by the Department.
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? An organization must have and follow a written intake policy that sets forth the criteria for admitting children for care or services. The policy must be in keeping with the organization's purpose and services provided. Except for an emergency placement, the intake policy must include a requirement that sufficient information on each child admitted for care or services is obtained to determine that the child can be appropriately served by the organization.
Are the guardian & admitted child required to be informed of their their rights? No Information
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? All suspected incidents of child abuse, neglect, or abandonment must be reported immediately to law enforcement or the Department as required by Section 16-1605, Idaho Code. The chief administrator or designee of the children's agency or facility must ensure the safety and protection of children when the allegation is against an organization's staff or volunteer and must initiate a thorough investigation and administer appropriate disciplinary action, when indicated.
Does the state prohibit mail censorship? An organization must have and follow a written correspondence policy that specifies the conditions under which the organization restricts the receipt of correspondence to or from a child. The conditions must require that the child and parent or guardian be informed of the restriction, the reason for the restriction, and that the restriction be documented in the child's record. Packages may be exempt from the prohibition against inspection.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? An organization must have and follow a written visitation policy. The policy will encourage visits between a child in care and family members and others significant to the child except when visitation is contraindicated and is documented in the child's record or a court order. The policy must require the maintenance of a log of visitation for each child in residential care which includes the name of the person visiting and the date and time of the visit.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes. The plan is based on the facility and need of the child.
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? An organization must have and follow an education policy. The policy will require that within five (5) school days after a child's placement, each child of school age, as defined by state law, be enrolled in an appropriate school program or document why the child was unable to enroll.
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? An organization must develop and follow a written grievance policy for clients that is written in simple and clear language, requires prompt investigation of the grievance by a person who can be objective, and provides at least one (1) level of appeal. Clients must be made aware of the grievance policy and this must be documented. The policy must be shared in a manner appropriate to the child's age and his ability to understand. The policy must require monitoring to ensure there is no retaliation against the child or the person who files a grievance.
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? The facility must show documentation that shows it meets planning and zoning requirements of the applicable Idaho city or county. The facility must house only the number of persons for which it is rated, given its type of construction and size.
Is there regulation for physical restraint? Non-violent physical restraint should be used as a last resort and the facility must document when it occurs. The facility cannot use restraint if it is noted that the child has a disability.
Is there regulation for chemical restraint? The facility must have and follow written policies and procedures governing the appropriate use of alternative forms of restraint. The policies and procedures must be in accordance with the restraint intervention strategies of a nationally recognized program and approved by the Department.
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? Yes
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency Department of Health and Welfare
Oversight Agency Department of Health and Welfare
Which state agency oversees investigations? Department of Health and Welfare
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Must allow the Department of Health and Welfare access and entry at least every 12 months. The department must have access to the children's agency, therapeutic outdoor program, or residential care facility and its grounds, facilities, and records for determining compliance with the applicable rules as well as complaints against the organization.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? A service plan must be updated every ninety (90) days and must: 1. Assess the appropriateness of continuing the current placement; 2. Document services the organization will provide to assure the safety, health, permanency, and wellbeing of the child; 3. Document progress towards achieving the goals in the service plan; 4. Demonstrate the service plan was developed in a process that included participation of the child’s parent, guardian, or legal custodian, and the child. A child may be excluded from participation in development of the service plan if he is under nine (9) years of age or not capable of understanding the purpose of the planned services.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? An organization must have and follow an emergency policy and procedures. The policy must contain provisions for ensuring that a caregiver has and follows the organization's approved written procedures. However, it does not state that it must be done in a 24-hour period.
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Staff training must include cultural sensitivity and diversity, behavior management, and child development issues appropriate to the population served.
Does the state require medical response training for all staff working with children in residential settings? Training must also include instruction in administering cardiopulmonary resuscitation (CPR) and administering first aid appropriate to the age of the children in care within ninety (90) days after employment.
Does state require 1:4 staffing ratio or higher? Higher than 1:4
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? An organization must have and follow a written intake policy that sets forth the criteria for admitting children for care or services. The policy must be in keeping with the organization's purpose and services provided. Except for an emergency placement, the intake policy must include a requirement that sufficient information on each child admitted for care or services is obtained to determine that the child can be appropriately served by the organization.
Are the guardian & admitted child required to be informed of their their rights? No Information
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? All suspected incidents of child abuse, neglect, or abandonment must be reported immediately to law enforcement or the Department as required by Section 16-1605, Idaho Code. The chief administrator or designee of the children's agency or facility must ensure the safety and protection of children when the allegation is against an organization's staff or volunteer and must initiate a thorough investigation and administer appropriate disciplinary action, when indicated.
Does the state prohibit mail censorship? An organization must have and follow a written correspondence policy that specifies the conditions under which the organization restricts the receipt of correspondence to or from a child. The conditions must require that the child and parent or guardian be informed of the restriction, the reason for the restriction, and that the restriction be documented in the child's record. Packages may be exempt from the prohibition against inspection.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? An organization must have and follow a written visitation policy. The policy will encourage visits between a child in care and family members and others significant to the child except when visitation is contraindicated and is documented in the child's record or a court order. The policy must require the maintenance of a log of visitation for each child in residential care which includes the name of the person visiting and the date and time of the visit.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes. The plan is based on the facility and need of the child.
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Each child of school age must attend either an on-grounds or community-based education program that is approved by the Idaho Department of Education, excluding children in a non-accredited children’s residential school. When the education program is provided directly by the children’s residential care facility, the education program must meet the requirements in Subsections 745.01 through 745.08 of this rule.
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? An organization must develop and follow a written grievance policy for clients that is written in simple and clear language, requires prompt investigation of the grievance by a person who can be objective, and provides at least one (1) level of appeal. Clients must be made aware of the grievance policy and this must be documented. The policy must be shared in a manner appropriate to the child's age and his ability to understand. The policy must require monitoring to ensure there is no retaliation against the child or the person who files a grievance.
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? The facility must show documentation that shows it meets planning and zoning requirements of the applicable Idaho city or county. The facility must house only the number of persons for which it is rated, given its type of construction and size.
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? The facility must have and follow written policies and procedures governing the appropriate use of alternative forms of restraint. The policies and procedures must be in accordance with the restraint intervention strategies of a nationally recognized program and approved by the Department.
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? Yes
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency It might be licensed as a child residential facility
Oversight Agency Department of Health and Welfare
Which state agency oversees investigations? Department of Health and Welfare
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Must allow the Department of Health and Welfare access and entry at least every 12 months. The department must have access to the children's agency, therapeutic outdoor program, or residential care facility and its grounds, facilities, and records for determining compliance with the applicable rules as well as complaints against the organization.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? A service plan must be updated every ninety (90) days and must: 1. Assess the appropriateness of continuing the current placement; 2. Document services the organization will provide to assure the safety, health, permanency, and wellbeing of the child; 3. Document progress towards achieving the goals in the service plan; 4. Demonstrate the service plan was developed in a process that included participation of the child’s parent, guardian, or legal custodian, and the child. A child may be excluded from participation in development of the service plan if he is under nine (9) years of age or not capable of understanding the purpose of the planned services.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? An organization must have and follow an emergency policy and procedures. The policy must contain provisions for ensuring that a caregiver has and follows the organization's approved written procedures. However, it does not state that it must be done in a 24-hour period.
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Staff training must include cultural sensitivity and diversity, behavior management, and child development issues appropriate to the population served.
Does the state require medical response training for all staff working with children in residential settings? Training must also include instruction in administering cardiopulmonary resuscitation (CPR) and administering first aid appropriate to the age of the children in care within ninety (90) days after employment.
Does state require 1:4 staffing ratio or higher? Higher than 1:4
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? An organization must have and follow a written intake policy that sets forth the criteria for admitting children for care or services. The policy must be in keeping with the organization's purpose and services provided. Except for an emergency placement, the intake policy must include a requirement that sufficient information on each child admitted for care or services is obtained to determine that the child can be appropriately served by the organization.
Are the guardian & admitted child required to be informed of their their rights? No
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? All suspected incidents of child abuse, neglect, or abandonment must be reported immediately to law enforcement or the Department as required by Section 16-1605, Idaho Code. The chief administrator or designee of the children's agency or facility must ensure the safety and protection of children when the allegation is against an organization's staff or volunteer and must initiate a thorough investigation and administer appropriate disciplinary action, when indicated.
Does the state prohibit mail censorship? An organization must have and follow a written correspondence policy that specifies the conditions under which the organization restricts the receipt of correspondence to or from a child. The conditions must require that the child and parent or guardian be informed of the restriction, the reason for the restriction, and that the restriction be documented in the child's record. Packages may be exempt from the prohibition against inspection.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? An organization must have and follow a written visitation policy. The policy will encourage visits between a child in care and family members and others significant to the child except when visitation is contraindicated and is documented in the child's record or a court order. The policy must require the maintenance of a log of visitation for each child in residential care which includes the name of the person visiting and the date and time of the visit.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? No Information
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Each child of school age must attend either an on-grounds or community-based education program that is approved by the Idaho Department of Education, excluding children in a non-accredited children’s residential school. When the education program is provided directly by the children’s residential care facility, the education program must meet the requirements in Subsections 745.01 through 745.08 of this rule.
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? An organization must develop and follow a written grievance policy for clients that is written in simple and clear language, requires prompt investigation of the grievance by a person who can be objective, and provides at least one (1) level of appeal. Clients must be made aware of the grievance policy and this must be documented. The policy must be shared in a manner appropriate to the child's age and his ability to understand. The policy must require monitoring to ensure there is no retaliation against the child or the person who files a grievance.
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? The facility must show documentation that shows it meets planning and zoning requirements of the applicable Idaho city or county. The facility must house only the number of persons for which it is rated, given its type of construction and size.
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? The facility must have and follow written policies and procedures governing the appropriate use of alternative forms of restraint. The policies and procedures must be in accordance with the restraint intervention strategies of a nationally recognized program and approved by the Department.
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? Yes
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency Licensed as child residential care facilities plus there are additional rules on the same licensing page
Oversight Agency Department of Health and Welfare
Which state agency oversees investigations? Department of Health and Welfare
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? It can depend
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Must allow the Department of Health and Welfare access and entry at least every 12 months. The department must have access to the children's agency, therapeutic outdoor program, or residential care facility and its grounds, facilities, and records for determining compliance with the applicable rules as well as complaints against the organization.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? No. Prescribed medication must not be stopped or changed in dosage or administration without consulting with the prescribing physician. If the prescribing physician is not available, a qualified medical professional must be consulted. Results of the consultation and any resulting medication changes must be recorded in the child’s record.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? A children’s therapeutic outdoor program must have and follow a written emergency plan and specific procedures for evacuations, disasters, medical emergencies, hostage situations, casualties, and missing children. (7-1-09) 01. Written Plan. The plan must at a minimum include: (7-1-09) a. Designation of authority and staff assignments; (5-3-03) b. Transportation and relocation of program participants when necessary; (5-3-03) c. Instruction to all participants on how to respond in the event of an emergency; (5-3-03) d. Notification to the base camp of the nature of the emergency and an accounting of each participant’s location and status; (5-3-03) e. Supervision of program participants after an evacuation or a relocation; and (5-3-03) f. Arrangements for medical care and notification of a child's physician and identified parent or guardian.
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? An organization must have and follow an emergency policy and procedures. The policy must contain provisions for ensuring that a caregiver has and follows the organization's approved written procedures. However, it does not state that it must be done in a 24-hour period.
Is a licensed clinician required to perform a mental health evaluation upon intake? Admission assessments must be done for each child by a qualified treatment professional familiar with the children’s therapeutic outdoor program prior to enrollment. This must include a review of the child’s social and psychological history. For a child with a history of psychological problems, a psychological evaluation must be obtained and reviewed by the multidisciplinary team prior to the child’s entrance into the field portion of the program.
Does the state require mandatory child abuse response training for all staff working with children in residential settings? No
Does the state require medical response training for all staff working with children in residential settings? Yes
Does state require 1:4 staffing ratio or higher? Each group of children must be staffed as follows: (7-1-09) a. One (1) staff for every four (4) children or fraction thereof, but where there are less than four (4) children there must be at least two (2) staff; and (7-1-09) b. Where the gender of a group is mixed, there must be at least one (1) female staff and one (1) male staff member. (7-1-09) 02. Interns and Volunteers. Interns and volunteers must never be counted in the staff ratio and never have sole responsibility to supervise the youth.
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? A pre-admission review is required for each child
Are the guardian & admitted child required to be informed of their their rights? No
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? All suspected incidents of child abuse, neglect, or abandonment must be reported immediately to law enforcement or the Department as required by Section 16-1605, Idaho Code. The chief administrator or designee of the children's agency or facility must ensure the safety and protection of children when the allegation is against an organization's staff or volunteer and must initiate a thorough investigation and administer appropriate disciplinary action, when indicated.
Does the state prohibit mail censorship? An organization must have and follow a written correspondence policy that specifies the conditions under which the organization restricts the receipt of correspondence to or from a child. The conditions must require that the child and parent or guardian be informed of the restriction, the reason for the restriction, and that the restriction be documented in the child's record. Packages may be exempt from the prohibition against inspection.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? An organization must have and follow a written visitation policy. The policy will encourage visits between a child in care and family members and others significant to the child except when visitation is contraindicated and is documented in the child's record or a court order. The policy must require the maintenance of a log of visitation for each child in residential care which includes the name of the person visiting and the date and time of the visit.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? No Information
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? No
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? No Information
Is a grievance procedure required for youth and families? An organization must develop and follow a written grievance policy for clients that is written in simple and clear language, requires prompt investigation of the grievance by a person who can be objective, and provides at least one (1) level of appeal. Clients must be made aware of the grievance policy and this must be documented. The policy must be shared in a manner appropriate to the child's age and his ability to understand. The policy must require monitoring to ensure there is no retaliation against the child or the person who files a grievance.
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? The facility must house only the number of persons for which it is rated, given its type of construction and size.
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? The facility must have and follow written policies and procedures governing the appropriate use of alternative forms of restraint. The policies and procedures must be in accordance with the restraint intervention strategies of a nationally recognized program and approved by the Department.
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? Yes
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency These facilities must be approved under IDAPA 16.07.20, “Alcohol and Substance Use Disorders Treatment and Recovery Support Services Facilities and Programs.” Sections 500-599, 700-769, 800-899
Oversight Agency Department of Health and Welfare
Which state agency oversees investigations? Department of Health and Welfare
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Yes. Unknown amount of unscheduled visits.
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? A service plan must be updated every ninety (90) days and must: 1. Assess the appropriateness of continuing the current placement; 2. Document services the organization will provide to assure the safety, health, permanency, and wellbeing of the child; 3. Document progress towards achieving the goals in the service plan; 4. Demonstrate the service plan was developed in a process that included participation of the child’s parent, guardian, or legal custodian, and the child. A child may be excluded from participation in development of the service plan if he is under nine (9) years of age or not capable of understanding the purpose of the planned services.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? An organization must have and follow an emergency policy and procedures. The policy must contain provisions for ensuring that a caregiver has and follows the organization's approved written procedures. However, it does not state that it must be done in a 24-hour period.
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? No
Does the state require mandatory child abuse response training for all staff working with children in residential settings? Staff training must include cultural sensitivity and diversity, behavior management, and child development issues appropriate to the population served.
Does the state require medical response training for all staff working with children in residential settings? Training must also include instruction in administering cardiopulmonary resuscitation (CPR) and administering first aid appropriate to the age of the children in care within ninety (90) days after employment.
Does state require 1:4 staffing ratio or higher? Higher than 1:4
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? A behavioral health program providing adolescent residential treatment for substance use disorders must only admit adolescents with a primary substance use disorder diagnosis.
Are the guardian & admitted child required to be informed of their their rights? No Information
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? All suspected incidents of child abuse, neglect, or abandonment must be reported immediately to law enforcement or the Department as required by Section 16-1605, Idaho Code. The chief administrator or designee of the children's agency or facility must ensure the safety and protection of children when the allegation is against an organization's staff or volunteer and must initiate a thorough investigation and administer appropriate disciplinary action, when indicated.
Does the state prohibit mail censorship? An organization must have and follow a written correspondence policy that specifies the conditions under which the organization restricts the receipt of correspondence to or from a child. The conditions must require that the child and parent or guardian be informed of the restriction, the reason for the restriction, and that the restriction be documented in the child's record. Packages may be exempt from the prohibition against inspection.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No
Does the state require that children be allowed visitors in private during normal visiting hours? An organization must have and follow a written visitation policy. The policy will encourage visits between a child in care and family members and others significant to the child except when visitation is contraindicated and is documented in the child's record or a court order. The policy must require the maintenance of a log of visitation for each child in residential care which includes the name of the person visiting and the date and time of the visit.
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes. The plan is based on the facility and need of the child.
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? Each child of school age must attend either an on-grounds or community-based education program that is approved by the Idaho Department of Education, excluding children in a non-accredited children’s residential school. When the education program is provided directly by the children’s residential care facility, the education program must meet the requirements in Subsections 745.01 through 745.08 of this rule.
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No
Are youth provided with access to advocacy services and representation? No
Does the state require a guardian's consent to all treatment received? Yes
Is a grievance procedure required for youth and families? An organization must develop and follow a written grievance policy for clients that is written in simple and clear language, requires prompt investigation of the grievance by a person who can be objective, and provides at least one (1) level of appeal. Clients must be made aware of the grievance policy and this must be documented. The policy must be shared in a manner appropriate to the child's age and his ability to understand. The policy must require monitoring to ensure there is no retaliation against the child or the person who files a grievance.
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Occupancy Restrictions. The facility must house only the number of persons for which it is rated, given its type of construction and size. (7-1-09) 03. Location Restrictions. The facility must not be located within three hundred (300) feet of an above ground storage tank containing flammable liquids or gasses used in connection with a bulk plant, marine terminal, aircraft refueling or bottling plant of a liquefied gas installation, or similar hazard.
Is there regulation for physical restraint? Yes. Non-violent physical restraint should be used as a last resort, must document when it occurs. cannot use restraint if it is noted that the child has a disability
Is there regulation for chemical restraint? The facility must have and follow written policies and procedures governing the appropriate use of alternative forms of restraint. The policies and procedures must be in accordance with the restraint intervention strategies of a nationally recognized program and approved by the Department.
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? Yes
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency Department of Juvenile Corrections
Oversight Agency Department of Juvenile Corrections
Which state agency oversees investigations? Department of Juvenile Corrections
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Yes
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? Yes
Does the state require a guardian's consent to all treatment received? Permission to perform medical, surgical, dental or other remedial treatment shall be obtained from parents, spouse, guardian, court or other competent person as stated in Title 16, Chapter 16, Section 16-1627, Idaho Code.
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? 3 Days Notice
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? The courts will know of admitted and discharged children. Any change of care will come from case worker and discussed in court
Is a licensed clinician required to perform a mental health evaluation upon intake? Yes
Does the state require mandatory child abuse response training for all staff working with children in residential settings? The provider will utilize and maintain a current emergency procedure manual for child abuse reporting
Does the state require medical response training for all staff working with children in residential settings? Yes
Does state require 1:4 staffing ratio or higher? Higher. A staff to juvenile offender ratio of one to six (1:6) will be adhered to as a minimum unless there is a reason to require more staff. The risk level of the activity, as well as any physical disabilities, high client irresponsibility, mental deficiencies, or inclusion of groups of juvenile offenders under age twelve (12), are some reasons to consider additional staff. additional ratios – from Page 131
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? Procedures for Admission
Are the guardian & admitted child required to be informed of their their rights? Yes
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? Yes
Does the state prohibit mail censorship? The detention center shall have written policy and procedures which shall govern the practices of handling mail, visitation, use of the telephone, and any limitations or restriction on these privileges. Juvenile offenders shall have the opportunity to receive visits and to communicate and correspond with persons, representatives of the media or organizations, subject to the limitations necessary to maintain detention center security and order. Mail, other than sent to or received from public officials, judges, attorneys, courts, government officials and officials of the confining authority, may be opened and inspected for contraband.
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? The facility shall provide residents with access to outside victim advocates for emotional support services related to sexual abuse as outlined by PREA Standard Section 115.353 for Page 154,
Does the state require that children be allowed visitors in private during normal visiting hours? Attorneys, probation and parole officers, law enforcement, counselors, caseworkers and clergy shall be permitted to visit juvenile offenders at reasonable hours other than during regularly scheduled visiting hours - From Page 155
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? The Provider must have a written policy regarding the participation of juvenile offenders in research projects that prohibits participation in medical or pharmaceutical testing for experimental or research purposes. Policies must govern voluntary participation in non-medical and non- pharmaceutical research programs. However, juvenile offenders may not participate in any research program without prior written approval from the Director or designee.
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? The department shall assure that the educational programs of state juvenile correctional centers are in compliance with educational standards that are approved by the Idaho state board of education or an accrediting association recognized by the Idaho state board of education.
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No Information
Are youth provided with access to advocacy services and representation? The facility shall provide residents with access to outside victim advocates for emotional support services related to sexual abuse
Does the state require a guardian's consent to all treatment received? Permission to perform medical, surgical, dental or other remedial treatment shall be obtained from parents, spouse, guardian, court or other competent person
Is a grievance procedure required for youth and families? The detention center shall have written policy and procedures for juvenile offenders which will identify issues and define the grievance process. Grievance forms must be in a location accessible to juvenile offenders without having to request such a form from staff. Completed forms should be placed in a secure area and collected daily. b. The Provider must complete a review and discuss findings with the juvenile offender within three (3) business days of receipt of the grievance form. c. If the juvenile offender lives independently, the Provider must have a process for the juvenile to submit grievance forms to the program director without having to request such a form from staff
Is youth consent required for all treatment received? No
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Yes
Is there regulation for physical restraint? Yes
Is there regulation for chemical restraint? Oleoresin Capsicum shall be the only chemical agent approved for use in juvenile detention centers - From Page 142
Is there regulation for mechanical restraint? Yes
Is there regulation for seclusion? The Provider prohibits the use of separation and isolation of juvenile offenders identified as presenting a suicide risk, unless constant one-on-one (1 on 1) staff supervision is provided.
Is there a Bill of Rights for youth in care? No

General Oversight and Transparency They are licensed under the Bureau of Facility Standards
Oversight Agency Bureau of Facility Standards
Which state agency oversees investigations? Department of Health & Human Services (DHHS) and Centers for Medicare & Medicaid services (CMS)
Are investigations and outcomes visible to the public online? No
Is this type of program required to be licensed by the state? Yes
Is a list of licensed facilities available to the public? Yes
Are regulations only applicable to facilities receiving public funds? Yes
Can complaints be filed online? Is the reporting portal easy to find? Yes
Does the state conduct unannounced site visits? How many per year? Yes
Are background checks required, including volunteers? Yes
Is a full-time licensed clinician required to be on staff? A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools.
Does the state require a guardian's consent to all treatment received? No
Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? Yes
Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? No
Is a licensed clinician required to perform a mental health evaluation upon intake? Yes
Does the state require mandatory child abuse response training for all staff working with children in residential settings? No Information
Does the state require medical response training for all staff working with children in residential settings? Yes
Does state require 1:4 staffing ratio or higher? No Information
Ban on Conversion Therapy for LGBTQA+ youth? No
Are there admissions requirements? That any non-hospital facility that provides inpatient psychiatric services to Medicaid-eligible individuals under the age of 21
Are the guardian & admitted child required to be informed of their their rights? No Information
Does the state define institutional abuse and neglect? No
Are there civil penalties for violations of institutional child abuse and neglect? Yes
Does the state prohibit mail censorship? No Information
Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? No Information
Does the state require that children be allowed visitors in private during normal visiting hours? No more than two visitors at a time, Visitor hours are 6:00am – 8:00pm, No children under age 18 during flu season, Visitors must be masked at all times, except when eating or drinking
Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? Yes
Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? No Information
Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? No
Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? No Information
Are youth provided with access to advocacy services and representation? No Information
Does the state require a guardian's consent to all treatment received? No Information
Is a grievance procedure required for youth and families? No Information
Is youth consent required for all treatment received? No Information
Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? Yes
Is there regulation for physical restraint? Yes. Each resident has the right to be free from restraint and seclusion, of any form, used as a means of coercion, discipline, convenience, or retaliation. An order for restraint or seclusion must not be written as a standing order or on an as-needed basis. Restraint or seclusion must not result in harm or injury to the resident and must be used only- To ensure the safety of the resident or others during an emergency safety situation; and until the emergency situation has ceased and the resident’s safety and the safety of others can be ensured, even if the restraint or seclusion order has not expired. Restraint and seclusion must not be used simultaneously – From Page 6
Is there regulation for chemical restraint? No Information
Is there regulation for mechanical restraint? No Information
Is there regulation for seclusion? Yes. Each resident has the right to be free from restraint and seclusion, of any form, used as a means of coercion, discipline, convenience, or retaliation. An order for restraint or seclusion must not be written as a standing order or on an as-needed basis. Restraint or seclusion must not result in harm or injury to the resident and must be used only- To ensure the safety of the resident or others during an emergency safety situation; and until the emergency situation has ceased and the resident’s safety and the safety of others can be ensured, even if the restraint or seclusion order has not expired. Restraint and seclusion must not be used simultaneously – From Page 6
Is there a Bill of Rights for youth in care? No

Additional Information

Unsilenced Program Database: Idaho Programs

Contact: info@unsilenced.org

The information provided within UnSilenced.org is for general informational purposes only. All information is provided in good faith. However, we do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party posters, testimonials, comments, or submissions. Most information posted reflects the opinion of the writer and does not directly reflect the views, or positions of the owners of UnSilenced.org
Read More