ORS: Regulation

[Deborah]

HLA is obviously opposed to being licensed by the state. The primary argument is that they are not an RTC. If I've read between the lines correctly it appears that they feel that the regs for RTCs are too restritictive for their TBS. I disagree, and have always felt the Ga regs for RTCs were lacking.

So, I think we should petition the governor (and anyone else in a position of power) to require ORS to create distinct regulations for TBSs, as Utah did. I didn't expect these regs to have much teeth, but they're actually pretty good. There are things I'd add, but overall, they're a damn site better than Ga's current regs for RTCs!!

In addition to the Core Rules for residential facilities:
http://www.rules.utah.gov/publicat/code ... 501-02.htm

Utah TBSs must also comply with the Specific regs for "Therapeutic Schools" (new term)
http://www.rules.utah.gov/publicat/code ... 501-15.htm

Now, if Utah would just enforce their regs!! But, anywhoo....
 
Given that NATSAP has a member on the Utah Licensing Board and assisted Ken Stettler (SB *cough) with creating them; HLA should be ameniable to following these, or similar, regulations. Right?
 
Ultimately, the effectiveness of regs depends on the state's willingness to enforce the regs, thoroughly inspect and sanction violations; otherwise they're useless. But at least they're there so the public can demand they be enforced when necessary. Licensing ensures that the state can immediately enter the property to investigate when a complaint is filed.
Many other benefits.

This section is relevant to the discussion of late re: inappropriate placements.
 
i. A therapeutic school shall not admit or provide services to an individual who:

A. has a recent history (within the past 2 years) of attempting suicide or making serious self-harm gestures (requiring medical or therapeutic treatment),

B. has a psychosis, schizophrenia, severe depression, mental retardation, or a severe mental illness (requiring medical or therapeutic treatment),

C. is violent, highly combative, or physically or sexually aggressive,

D. presents substantial security risks,

E. requires medical detoxification,

F. lacks the ability to engage in a rational decision-making process or exhibits severely impaired judgment, or

G. has a history of repeated runaway attempts or incidents;

ii. A therapeutic school shall expel a client who exhibits high risk behavior or conditions, including but not limited to a client who:

A. attempts suicide or makes serious self-harm gestures (requiring medical or therapeutic treatment),

B. has a psychosis, schizophrenia, severe depression, mental retardation, or a severe mental illness (requiring medical or therapeutic treatment),

C. is violent, highly combative, or physically or sexually aggressive,

D. presents substantial security risks,

E. requires medical detoxification,

F. lacks the ability to engage in a rational decision-making process or exhibits severely impaired judgment,

G. runs away or attempts to runaway more than two times,

H. uses or attempts to use illegal substances (including but not limited to drugs or alcohol) more than two times, or

I. exhibits any other behavioral or emotional conditions that require more intense supervision and treatment than that permitted in a therapeutic school;
~~

Isn't that great?
This clearly defines and limits the types of kids, and therefore the scope of services a TBS can provide.

[Deborah]

Jeez, some people just can't be pleased. Give them their own special classification, designed with the help of a program owner and Industry Assoc (NATSAP) and they still balk!!  Talk about your classic ODD !

http://www.nospank.net/pinto.htm
Private school doesn't like state's 'therapeutic' label
By Kirsten Stewart
The Salt Lake Tribune, April 29, 2005
--------------------------------------------------------------------------------
 
A private Utah school is fighting against state regulation, arguing it is not a "therapeutic" facility - which are covered by a new law that seeks to crack down on the state's thriving teen help industry.
 
Administrators at Whitmore Academy in Nephi say they run a boarding school, not a treatment facility catering to troubled teens. They are asking for an exemption to the new licensing category, which goes into effect on May 2.
 
But state Human Services licensing director Ken Stettler believes "they're hiding behind the moniker of a boarding school" to avoid state oversight.
 
"All the information they've provided to parents of kids there is they provide counseling for emotional growth and behavioral changes. They cater to kids who have failed in their settings at home," said Stettler.
 
The new law defines "therapeutic schools" as serving students "who have a history of failing to function at home or public school" and that offer "room and board and specialized structure or treatment related to a disability or emotional development."
 
Matt Sudweeks, who owns Whitmore with his wife, Cheryl, says he has gotten out of the teen-help business. Whitmore formerly also operated a residential treatment center. But Sudweeks surrendered the center's license last December after a student alleged he was physically and verbally abused at Whitmore.  
 
Utah's Division of Child and Family Services substantiated eight counts of abuse and neglect. The facility is still under criminal investigation by the Juab County Attorney's Office.  

Sudweeks was ordered to never again run a program in Juab. Anywhere else, is okey dokey. A civil suit has been filed. More in the Whitmore forum.

Whitmore's attorney, Matt Hilton in Kaysville, says the school - now enrolling 32 students, ages 12 to 17 - employs an educational counselor, but does not submit students to therapy.
 
Said Sudweeks, "We're licensed with state Board of Education as a boarding school. We cater to kids having trouble in public school system."
 
Stettler says Whitmore is the only one of five schools under review for regulation to balk at the new rules.

Could it be that the more abusive ones resist licensing?
 
Whitmore, located in a historic mansion on Nephi's Main Street, also was recently cited with numerous fire code violations.
 
Brent R. Halladay, assistant state fire marshal, says the school has until mid-May to update its automatic sprinkler and fire alarm systems, build a new set of stairs to provide more than one exit, install fire extinguishers and repair electrical problems. Halladay says the Sudweeks have "been very cooperative." But violations were such that, until they are corrected, Sudweeks is required to have someone keep fire watch over the building every day from 7 p.m. until 7 a.m.

[Deborah]

It appears that ORS has ruled again to allow HLA to maintain their status as a Private Boarding School.

As such, they will be in violation of law if they:
*Assess a child?s needs in the areas of health, education, family relationships, personal and social development, psychological and personal development.
*Provide Service Planning or Casework Services
*Employ Behavior Modification- requires an assessment and service plan.
*Restrict communication or visitation with any persons- requires an assessment and service plan.

There is no agency to prohibit excessive or unreasonable work tasks, denial of meals/hydration/sleep/shelter, verbal abuse/ridicule/humiliation, restraints/corporal punishment; no agency to report this to. So, it?s up to the staff to report abuses, which is a requirement for Private Schools.

Rules for ?Private Schools?, not Private ?Boarding? Schools or Therapeutic Boarding Schools.  http://www.ed.gov/pubs/RegPrivSchl/georgia.html

Goggle Georgia Boarding Schools and try to find HLA. While you?re looking, find a private boarding school that boards kid for only 18 months, restricts communication, denies home visits for 'therapeutic' reasons, and requires group therapy.

Should HLA be required to remove ?Therapeutic? from their website and all advertising? Is it fraudulent to advertise therapy when you don?t provide it?

HLA- Private Boarding School providing Academics and Behavior Alteration.

[Deborah]

If you're moved to comment on ORSs ruling, the new Directors contact info:

Keith Bostick - Director ORS
kdbostick@dhr.state.ga.us
(404) 567-9001

[RobertBruce]

Well I guess this explains why there is such a cash shortage there right now.

[Deborah]

THIS JUST IN.........

ORS has made the determination that HLA must apply for a license.

Three's a charm. Never, ever give up.

Thanks for doing your job, Mr Bostick!!!

[RobertBruce]

How about that?

Pay attention you few kids who are still left stuck inside.

Once this is implimented it will mean

They can no longer view your mail incoming or outgoing.

They can no longer listen to your phone calls either on the phone or sitting next to you taking notes.

They can no longer give you work assignments.

They can no longer force you to work in the kitchen or anywhere or anything else people are normally paid to do.

They have to allow you a state represenative to whom you can air your greivances to.

Let's see what else are they no longer allowed to do? Deborah can we see those regs again please?

[RobertBruce]

I'd to take a moment and thank all the people who swore up and down we weren't accomplishing anything. Susie, Aften puppets ect. you know who you all are. You make this victory so much sweeter. Thanks guys.

[Anonymous]

I'd like to know how they could actually get a license at this point.

Now, is ORS going to apply the same standards to the rest of the shit in Georgia?

[Deborah]

Regulations here:
http://rules.sos.state.ga.us/cgi-bin/pa ... x.html&d=1

A license isn't guarateed. They have to apply, and can be declined. Rare, but possible.

[Anonymous]

Deb! Horizontal scroll!

[Deborah]

Not on my screen. ?

[RobertBruce]

Deborah what happens if they are declined?

[Deborah]

Don't hold your breath, but if ORS were to determine that HLA was not fit to care for children, they would have to close their doors because ORS has now classified them as a Residential Childcaring Facility (RCF), rather than a Private Boarding School.... and as such, they can not operate without a license.
HLA could contest such a ruling, but regulatory agencies don't decline licenses on a whim. There must be substantial evidence that harm is being done, that they see no way to rectify.
Personally, I think they should be sanctioned to the full extent of the law for previously misleading ORS regarding the services provided. That's two strikes, right off the bat. If memory serves, the fine is like $500-1200/day for knowingly operating in violation.

[Deborah]

(d) "Child caring institution" means a child-welfare agency that is any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the Board of Human Resources. For purposes of these rules, a child caring institution means
any institution, society, agency, or facility that provides such care to six or more children.*
~~

290-2-5-.05 Licenses and Exemptions.
No person, partnership, association, corporation or entity shall operate a child caring institution in the state without first obtaining a license to operate the institution by demonstrating compliance with the necessary requirements set forth in these rules...  All provisions of these rules shall apply to institutions that request to be commissioned, and for the purposes of these rules, the term license shall have the same meaning as commission.*
(a) Licenses. The department may issue a temporary license, a restricted license, or a license in accordance with these rules.*
~~

290-2-5-.20 Enforcement and Penalties.
(1) Plans of Correction. If the Department determines that either a child-caring institution or a facility applying to become licensed as a child-caring institution does not comply with the rules, the Department shall provide written notice specifying the rule(s) violated and setting a time for the institution not to exceed ten (10) working days with in which to file an acceptable written plan of correction where the Department has determined that an opportunity to correct is permissible. If such plan of correction is determined not acceptable to the Department because it does not adequately correct the identified violation, the Department will advise the child-caring institution or facility applying to become licensed that the plan of correction is not acceptable. The Department may permit the institution to submit a revised plan of correction.*
(a) The institution shall comply with an accepted plan of correction.*
(b) Where the Department determines that either the child-caring institution or the facility applying to become licensed as a child-caring institution has not filed an acceptable plan of correction or has not complied with the accepted plan of correction, the Department may initiate an adverse action to enforce these rules.*
(2) All adverse actions to enforce the Rules and Regulations for Child-Caring Institutions shall be initiated in accordance with the Rules and Regulations for Enforcement of Licensing Requirements, Chapter 290-1-6, and O.C.G.A. §§ 49-5-12 and 49-5-12.1, Penalties for Violation of Child Welfare Agency Laws and Regulations and §49-5-60 et seq. and the requirements set forth herein.*
~~

290-2-5-.06 Applications.
An application for a license to operate an institution shall be submitted to the department on the forms provided by the department.*
(a) Applicant Defined.*
.......4. When the institution is owned by a corporation, the governing body of the corporation shall authorize the application for the license and complete the statement of responsibility and the corporation shall serve as the licensee.*

(b) Time for Filing. An application for a license shall be submitted at least thirty (30) days prior to the proposed opening date of the new institution.*

(c) Criminal Records Check Required. The director and employees, of an institution must submit to criminal records checks in connection with any application for a license and upon employment.*

1. Records Check and Preliminary Records Check Applications. Accompanying any application for a new license for an institution, the applicant shall furnish to the department a records check application (including a preliminary records check application) for the director and a preliminary records check application for each employee as defined in these rules. In lieu of such records checks applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the above personnel have received a satisfactory records check determination or a satisfactory preliminary records check determination, whichever is applicable.*

2. Ongoing Requirements.*
(i) Before a person may become a director or an employee in a licensed institution, the holder of the license shall cause the person to be employed to submit a records check application and/or a preliminary records check application to the department.*
(ii) No person having an unsatisfactory determination as to his or her criminal record may be a director or employee of a licensed institution.*

4. Penalties. A license is subject to suspension or revocation and the department may refuse to issue a license if a director, employee does not undergo the applicable records checks and receive a satisfactory determination or a satisfactory preliminary records check determination. Provided however, a determination by the department regarding a preliminary or (fingerprint) records check shall constitute a contested case for purposes of Chapter 13 of Title 50, the Georgia Administrative Procedures Act. A director of an institution having an employee whom that director knows, or should reasonably know, to have a criminal record shall be guilty of a misdemeanor.*

(d) Separate Licenses or Commissions. A separate license or commission application is required for each geographical location which an institution is proposed to operate even when all of the proposed institutions are owned by the same person or entity.*

(e) Amended License. If there is to be a change in the name of the institution, or changes in the ages of children to be served, or additions or changes in the uses of the buildings that will affect the facility's licensed capacity, an application for an amended license shall be submitted at least thirty (30) days prior to the changes or additions, except in cases of
emergencies. In such cases of emergencies, which make it impossible to submit an application within thirty (30) days, the governing body or director shall notify the department by telephone and shall submit an application for the amended license as soon as the governing body or the director become aware of the change or addition.*

(f) Notice of Denial. If the department determines that the applicant does not comply with these rules and determines that the issuance of a temporary or restricted license is not appropriate, the department will provide a written notice of the denial of licensure and the opportunity for a hearing to the applicant.*

(g) False or Misleading Information. The application for a license including the application for a criminal records check must be truthfully and fully completed. In the event that the department has reason to believe that the application has not been completed truthfully, the department may require additional verification of the facts alleged. The department may refuse to issue a license where false statements have been made in connection with the application or any other documents required by the department.*

(h) The department may deny a license or otherwise restrict a license for any applicant who has had a license denied, revoked, or suspended within one year of the date of the application or who has transferred ownership or governing authority of an agency, facility, institution, or entity subject to regulations by the department within one year of the date of a new application when such transfer was made in order to avert denial,
revocation, or suspension of a license.*

(i) An institution shall not begin operation without departmental approval.*

Authority Ga. L. 1963, pp. 81-121; and Ga. L. 1972, pp. 1015, 1046, 1048; O.C.G.A. Secs. 31-2-6, 49-5-12, 49-5-60. History. Original Rule was filed on October 1, 1974; effective October 21, 1974.
Amended: Original Rule entitled "Finances" repealed and a new Rule entitled "Reports to the Division for Children and Youth" adopted. Filed August 26, 1975; effective September 15, 1975. Repealed: New