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 chapter, operating prior to January 1, 2018, shall comply with the department’s registration requirements on or before July 1, 2017.
(b) The department may adopt emergency rules to implement this section.
(c) The department shall have the authority to act in loco parentis for any child covered under this section in need of immediate health, welfare, protective, or other critical services until that child’s parent or guardian can be contacted and is able to make those decisions in the interest of the child.
(d) No 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 may operate in this state without a current registration approval from the department.
(e) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, transitional care facility, or private alternative boarding school or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its program or services from providing those services in accordance with its religious beliefs. Any such facility or program shall include in its advertising that it bases its services or treatment on religious principles. Such facility or program shall provide to any applicant a detailed explanation of its faith-based programs. Such facility or program may require participants to participate in these programs, notwithstanding any other provision of this chapter. This chapter shall not give the department the authority to regulate or prohibit religious-based treatment; provided, however, the treatment shall not be used to violate or circumvent any of the other requirements of this chapter related to the physical safety and condition of any child or the condition of the facility.
(f) Nothing in this section shall prohibit a religious, faith-based, or church nonprofit, other nonprofit, or for profit residential, rehabilitation, community treatment, or transitional care facility, or a private alternative boarding school, or outdoor program that utilizes religious, prayer, or spiritual means as the basis for its services from providing those services in accordance with its religious beliefs.
(g) Nothing in this section shall give the department the authority to regulate or prohibit religious-based treatment or services, provided that, the treatment or services are not in violation of any requirements of this section as it relates to the safety and welfare of children.
(h) Nothing in this section shall be construed or interpreted to authorize any state agency to license or regulate a non-residential private, nonpublic, church or nonprofit school offering instruction in grades K-12, or any combination thereof, that houses or contains children or youth for a period of less than 24 hours.
(Act 2017-374, §8.)