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38-15-8
Section 38-15-8 Rulemaking authority; authority of department to act in loco parentis;
registration approval required; performance of services in accordance with religious beliefs.
(a) On or before January 1, 2018, the department shall adopt rules to implement this chapter,
in consultation with interested parties, including representatives of any institution with
any combination of organizational characteristics defined by this section, former residents
of long-term youth residential facilities, advocates for youth, and private concerned parties.
Until rules are adopted by the department and become effective any existing child or youth
residential organization, facility, institution, boarding school, or program operating in
this state shall be governed by the rules applicable to residential care facilities regulated
by the Department of Human Resources pursuant to published minimum standards for residential
child care facilities. Any institution, facility, or program subject to this...
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38-15-4
Section 38-15-4 Registration of certain youth residential institutions or organizations;
staff training plans; rights of children; licensing and inspection of food preparation areas;
access by law enforcement agencies. (a) Commencing on January 1, 2018, the department shall
register any religious, faith-based, or church nonprofit, other nonprofit, or for profit affiliated
youth residential facility, youth social rehabilitation facility, community treatment facility
for youths, youth transitional care facility, long term youth residential facility, private
alternative boarding school, private alternative outdoor program, and any organization entrusted
with the residential care of children in any organizational form or combination defined by
this section, whenever children are housed at the facility or location of the program
for a period of more than 24 hours. At a minimum, registered youth residential institution
or organization under this section shall do all of the following: (1) Be...
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38-15-7
Section 38-15-7 Quarterly inspections; information provided to department; information
provided to parents, guardians, etc. (a) All youth residential facilities and organizations
under this section shall be subject to a quarterly inspection by the department or
its designee at a minimum and shall be responsible for providing necessary information as
determined by the department to ensure the safety and welfare of residents. All youth residential
facilities and organizations under this chapter shall provide at a minimum the following to
the department upon request: (1) The names of all children currently enrolled, registered,
or housed at the facility or program. (2) The names of all personnel currently employed or
contracted for employment for or at the facility, institution, or program. (3) The plan of
operation, all written policies, procedures, and standard practices. (4) The child-to-staff
ratios. (5) The staff qualifications and proof of training. (6) Proof of the implementation...
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38-15-3
Section 38-15-3 Definitions. For the purposes of this chapter, the following terms shall
have the following meanings: (1) CHILD. A person under the age of 18 years. (2) COMMUNITY
TREATMENT FACILITY FOR YOUTHS. A religious, faith-based, or church nonprofit, other nonprofit,
or for profit youth residential facility that provides mental health treatment services to
children in a group setting and that has the capacity to provide secure containment. (3) DEPARTMENT.
The State Department of Human Resources. (4) DIRECTOR. The Director of the State Department
of Human Resources. (5) LONG TERM YOUTH RESIDENTIAL FACILITY. A religious, faith-based, or
church nonprofit, other nonprofit, or for profit long term residential facility, group care
facility, or similar facility as determined by the director, providing 24-hour nonmedical
care of youth in need of personal services, supervision, or assistance essential for sustaining
the activities of daily living or for the protection of the child and...
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38-15-5
Section 38-15-5 Criminal background checks. Any employee, volunteer, or applicant for
employment or for a volunteer position at or with any religious, faith-based, or church nonprofit,
other nonprofit, or for profit affiliated youth residential facility, youth social rehabilitation
facility, community treatment facility for youths, youth transitional care facility, long
term youth residential facility, private alternative boarding school, private alternative
outdoor program, and any organization entrusted with the residential care of children or youth
in any organizational form or combination thereof defined by this section, or as defined
by the department, shall be subject to a criminal background investigation prior to having
unsupervised contact with the children in accordance with subdivision (1) of subsection (a)
of Section 38-13-3. (Act 2017-374, ยง5.)...
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38-15-2
Section 38-15-2 Legislative findings. The Legislature finds that there is a substantial
need to protect children and youth from abuse and neglect by persons entrusted with their
physical custody, and from persons or organizations that advertise, hold themselves out, or
lead others to believe that they will provide them with health, therapeutic, rehabilitative,
or disciplinary services, and from persons employed or exercising authority over them, and
who they depend upon to provide the basic necessities of life. The Legislature further finds
that abuse and neglect often take the form of the withholding of the basic necessities of
life, including food, water, shelter, clothing, and health care through an affirmative act
or omission. It is the intent of the Legislature to implement a baseline of registration and
regulation requirements for religious, faith-based, or church nonprofit, other nonprofit,
and for profit affiliated youth residential facilities and institutions that have...
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15-18-180
Section 15-18-180 Funding for community-based programs, facilities, services; user fees;
inmate wages. (a) Community punishment and corrections funds may be used to develop or expand
the range of community punishments and services at the local level. Community-based programs
should utilize evidence-based practices, as defined in Section 12-25-32, in the treatment
and supervision of program participants. The supervision and treatment of each program participant
is expected to be based on the participant's anticipated risk of reoffending, as determined
through a validated risk and needs assessment as defined in Section 12-25-32, administered
by the program. Supervision and treatment of program participants should include the following:
(1) Use of a validated risk and needs assessment; (2) Use of assessment results to provide
guidance for determining the appropriate level of supervision responses consistent with the
levels of supervision and evidence-based practices reasonably anticipated...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested
person may petition the court to order protective placement or other protective services for
an adult in need of protective services. No protective placement or other protective services
may be ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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41-15B-2.2
Section 41-15B-2.2 Allocation of trust fund revenues. (a) For each fiscal year, beginning
October 1, 1999, contingent upon the Children First Trust Fund receiving tobacco revenues
and upon appropriation by the Legislature, an amount of up to and including two hundred twenty-five
thousand dollars ($225,000), or equivalent percentage of the total fund, shall be designated
for the administration of the fund by the council and the Commissioner of Children's Affairs.
(b) For the each fiscal year, beginning October 1, 1999, contingent upon the Children First
Trust Fund receiving tobacco revenues, the remainder of the Children First Trust Fund, in
the amounts provided for in Section 41-15B-2.1, shall be allocated as follows: (1)
Ten percent of the fund shall be allocated to the Department of Public Health for distribution
to one or more of the following: a. The Children's Health Insurance Program. b. Programs for
tobacco control among children with the purpose being to reduce the consumption...
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