Treatment Abuse, Behavior Modification, Thought Reform > The Ridge Creek School / Hidden Lake Academy
ORS: Regulation
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.*
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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.*
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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.*
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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
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