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Senate advances licensing measure for intercountry adoption and residential treatment programs amid debate about scope

Utah Senate · February 10, 2004
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Summary

Sen. Butterssought statutory authority for state licensing and accreditation of intercountry-adoption providers and to bring certain residential treatment programs (24-hour care for at-risk youth) under Office of Licensing oversight; supporters cite child-protection gaps, opponents warn of overbroad state reach. The bill was moved toward third reading.

Senator Butters presented second substitute S.B. 140, describing three components: housekeeping language, authorization for state licensing/accrediting of intercountry-adoption agencies to meet federal expectations, and expanded oversight for certain residential treatment programs and 24-hour boarding schools that function as treatment centers. Butters said the federal government is "proposing that each state create a licensing agency" to accredit intercountry-adoption providers and argued that state preview of residential treatment centers protects children's health, safety and welfare.

Floor questions focused on definitions and scope. Senators asked whether the bill would sweep in private boarding schools, summer church camps, or small private enterprises, and whether licensing would create state liability. Butters repeatedly said the intent is to regulate programs that provide treatment to at-risk youths in 24-hour settings rather than ordinary private boarding schools.

Opponents emphasized parental choice and limited government reach. Senator Jenkins and others said many facilities are privately run and not publicly funded; local licensing, county business licenses and health-department inspections already impose some oversight. Senator Hickman and others asked for concrete examples of problems that justify broader licensure; Butters offered to provide examples to committee staff without naming institutions on the floor.

On the question of effect, Butters argued oversight would catch smaller problems before they escalate and cited past allegations of abuse that reached the attorney general's office; he noted no instance where the state itself was sued after licensing. Several senators asked the sponsor to refine the definitions in the bill (for example, limiting coverage to programs that provide medical or psychological treatment and 24-hour care) and to consider targeted alternatives rather than a blanket licensing requirement.

Procedure: the body uncircled and moved the bill forward; floor discussion concluded with the bill being advanced toward third reading so that drafters can incorporate agreed clarifications before final passage.