Research: This veto was in kids’ best interests
Bureaucratic molasses is frustrating. Yet it’s generally there for good reason, well-intentioned if inefficient.
When it comes to protecting kids, skipping it probably shouldn’t be an option.
Case in point: Gov. Little’s veto of Legislator-Pastor Tim Remington’s House Bill 340a, reported in Wednesday’s Press.
The bill tried to specifically exempt Good Samaritan Rehabilitation Center — a local teen drug and alcohol abuse residential treatment center closed in 2012 — and other “pilot” programs from state licensing requirements.
Pastor Tim wanted to reopen Good Samaritan without the red tape associated with applying for licensing. While described in the legislation as a temporary program, no sunset or end date was included.
Remington is right that such a facility is needed in this area. Only two licensed teen residential centers treating alcohol and drug abuse currently exist in Idaho — in Pocatello and Meridian, according to the Idaho Department of Health and Welfare’s list.
The bill’s exemption threshold included staff background checks, location near an emergency medical facility, general reference to Idaho’s Child Protective Act, and review by child protective services — but not until after two, then five, years of operation.
Good intentions notwithstanding, a lot could go wrong in two years, especially in a facility which skipped the vetting process. With vulnerable children aged 13 to 17 living there for up to four months, that seems risky. The few and briefly mentioned safeguards under Bill 340A were a start, but don’t come close to the protections included for actual licensing.
The purpose of licensing is to set minimum standards and oversight for children’s safety and well-being, according to the governing rules under the Idaho Administrative Procedure Act.
The “red tape” of IDAPA rule 16.06.02, not present in the vetoed bill, evaluates whether people working with kids are also “physically and emotionally well-suited” to help them. That key staff have the relevant education and experience necessary to know what their complex needs might be.
It also includes specific minimum standards for food, health and cleanliness, housing provisions, and looks for hazards in the physical facility — not all of which may be obvious to the inexpert eye. Plus standards for handling and storing medication. For children’s discipline and behavior management. Defined parent access and communication tools, and much more (see IDAPA licensing rules at Healthandwelfare.idaho.gov and Bit.ly/3bTP00H.)
Licensed operators must prove knowledgeable about these standards and submit to at least yearly inspections. If there are problems or complaints, licensing provides a specific mechanism for families or concerned parties to report and request an investigation.
Yes licensing can take a long time, but there is also a provision in the existing rules for “provisional” licensing, pending final approval. The governor clearly believed the proposed special exemption for Good Samaritan wasn’t so urgently needed as to outweigh these protections.
“Red tape” may be burdensome, time consuming and overdone, but when it’s there to protect kids is it really in their best interests to skip it?
Good Samaritan was closed eight years ago. Pastor Tim has had a long time to seek licensing. Which begs the question, why hasn’t it happened?
If the facility wasn’t up to par, perhaps there are ways to bring it to standard to best care for the local teens Good Samaritan intended to serve. If the problem is in the rules or procedures, then instead of seeking an exception, that’s where legislation should focus.
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Sholeh Patrick, J.D. is a columnist for the Hagadone News Network and former state lobbyist. Email: Sholeh@cdapress.com