{"id":19105,"date":"2022-06-23T17:24:28","date_gmt":"2022-06-24T00:24:28","guid":{"rendered":"https:\/\/www.unsilenced.org\/?p=19105"},"modified":"2022-06-23T17:24:28","modified_gmt":"2022-06-24T00:24:28","slug":"idaho-legislation-report","status":"publish","type":"post","link":"https:\/\/www.unsilenced.org\/idaho-legislation-report\/","title":{"rendered":"Idaho Legislation Report"},"content":{"rendered":"

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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!<\/p>\n<\/div>

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Completed by:<\/p>\n

The Unsilenced Policy Team<\/p><\/h4><\/span>

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Idaho Legislation Report<\/h1><\/span>
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2022<\/h1><\/span>
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2022<\/h1><\/span>
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Introduction<\/h1><\/span>
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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\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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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\u2019 individualized education programs, and by parents.<\/p>\n

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.<\/p>\n

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.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Introduction<\/h1><\/span>
<\/div><\/div><\/div><\/div><\/div>
<\/div><\/div><\/span>

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\u2019s lack of transparency and accountability has led to widespread abuse of youth, resulting in hospitalizations, prolonged trauma and death.<\/h3><\/span>
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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\u2019 individualized education programs, and by parents.<\/p>\n

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.<\/p>\n

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.<\/p>\n

It is overwhelmingly clear that our communities and agencies are over-relying on residential placements that are negatively impacting the youth they serve.<\/p>\n<\/div><\/div><\/div><\/div><\/div>

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Idaho Legislation<\/h1><\/span>
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<\/i><\/i><\/span>Child Caring Licenses<\/span><\/a><\/h4><\/div>
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\n \n\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n
\n General Oversight and Transparency <\/td>\n \n Department of Health and Welfare <\/td>\n <\/tr>\n
\n Oversight Agency <\/td>\n \n Department of Health and Welfare <\/td>\n <\/tr>\n
\n Which state agency oversees investigations? <\/td>\n \n Department of Health and Welfare <\/td>\n <\/tr>\n
\n Are investigations and outcomes visible to the public online? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Is this type of program required to be licensed by the state? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is a list of licensed facilities available to the public? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Are regulations only applicable to facilities receiving public funds? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Can complaints be filed online? Is the reporting portal easy to find? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Does the state conduct unannounced site visits? How many per year? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Are background checks required, including volunteers? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is a full-time licensed clinician required to be on staff? <\/td>\n \n A social worker must be available for every 20 children. However, it does not apply to non-accredited children's residential schools. <\/td>\n <\/tr>\n
\n Does the state require a guardian's consent to all treatment received? <\/td>\n \n 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\u2019s 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. <\/td>\n <\/tr>\n
\n Does the state require that the guardian be notified of an emergency involving their child within 24-hours of the incident occurring? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Does the state require notification within 24-hours of a program admitting, discharging or major treatment change for children under its care? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Is a licensed clinician required to perform a mental health evaluation upon intake? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require mandatory child abuse response training for all staff working with children in residential settings? <\/td>\n \n Staff training must include cultural sensitivity and diversity, behavior management, and child development issues appropriate to the population served. <\/td>\n <\/tr>\n
\n Does the state require medical response training for all staff working with children in residential settings? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Does state require 1:4 staffing ratio or higher? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Ban on Conversion Therapy for LGBTQA+ youth? <\/td>\n \n No<\/a> <\/td>\n <\/tr>\n
\n Are there admissions requirements? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Are the guardian & admitted child required to be informed of their their rights? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Does the state define institutional abuse and neglect? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Are there civil penalties for violations of institutional child abuse and neglect? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Does the state prohibit mail censorship? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Do the youth have unrestricted access to guardians, legal counsel, welfare advocates, religious clergy, friends and family via telephone? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require that children be allowed visitors in private during normal visiting hours? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Is the facility required to provide an individualized treatment plan? Is the plan reviewed regularly? <\/td>\n \n Yes. The plan is based on the facility and need of the child. <\/td>\n <\/tr>\n
\n Is medical and psychological experimentation on youth prohibited without the express consent of all involved parties? <\/td>\n \n No Information <\/td>\n <\/tr>\n
\n Is it required that youth receive education that is of the same quality and outcomes as their assigned public school? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Is it required that youth receive age-appropriate sexual education, access to sexual healthcare, and menstruation supplies? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Are youth provided with access to advocacy services and representation? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state require a guardian's consent to all treatment received? <\/td>\n \n Yes <\/td>\n <\/tr>\n
\n Is a grievance procedure required for youth and families? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Is youth consent required for all treatment received? <\/td>\n \n No <\/td>\n <\/tr>\n
\n Does the state have zoning and occupancy requirements for structures being used to house youth in residential settings? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Is there regulation for physical restraint? <\/td>\n \n 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. <\/td>\n <\/tr>\n
\n Is there regulation for chemical restraint? <\/td>\n \n The facility must have and follow written policies and procedures governing the appropriate use\nof 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. <\/td>\n <\/tr>\n
\n Is there regulation for mechanical restraint? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Is there regulation for seclusion? <\/td>\n \n Yes<\/a> <\/td>\n <\/tr>\n
\n Is there a Bill of Rights for youth in care? <\/td>\n \n No <\/td>\n <\/tr>\n <\/table>\n<\/div>