108-7-14 Residential Facility For Troubled Youth; Facility Requirements

A residential facility for troubled youth shall: Be owned or leased by the residents or an immediate family member of the residents, or by a charitable, or beneficial organization, or by the state or a licensee thereof; Be consistent with existing zoning of the desired location; Be occupied on a 24-hour basis by no more than eight qualified youth in a family-type arrangement; Conform with applicable standards of the state department of human services and be inspected and licensed by that department. The facility shall meet all applicable building, safety, zoning and health codes and ordinances applicable to similar dwellings. The facility shall be capable of use as a residential facility for troubled youth without structural or landscaping alterations that would change the structure's residential character and the structure shall not be used as a lock-down facility for the incarceration of the youth that it houses. No residential facility for troubled youth shall be established within five miles of another residential facility for troubled youth as defined in this chapter. Troubled youth who qualify for placement in the facility shall: All be of the same gender within any one facility; Be no less than ten years of age and no more than 18 years of age; Not be convicted of or charged with any sexual offence, arson or aggravated assault; Not be individuals with such severe psychiatric problems that they present a danger to themselves or others; Attend school classes and matriculate in local area schools. No home for troubled youth shall house children whose respective ages span more than four years. For instance, if the home houses children ten years of age, the oldest child in the home can be no more than 14 years of age. The land use permit and any other license granted in accordance with the provisions of this chapter, is not transferable and terminates if the structure is devoted to a use other than a residential facility for troubled youth or if the structure fails to comply with the city's building, safety and health codes or the requirements of this chapter. No residential facility for troubled youth shall occupy a lot in a recorded subdivision of four or more lots, including all subdivision phases. The facility shall be permanently occupied by a married couple who will serve as house parents to the youth who reside therein. Their duties will be as follows: To offer counseling and guidance to the youth under their care; To supervise the orderly functioning of the household; To provide meals to the youth who occupy the home; To assign the duties, chores and other tasks to each of the youth who occupy the home; Supervise the preparation of homework and studies each of the youth is required to complete for their education in local schools; To immediately report to the appropriate state agency any difficulties, problems, breaches of the peace or violations of law engaged in by any of the youth under their care; To also report the same conduct to the organization who employs them directly. The house parents living within the home must meet the standards of the department of human services and obtain all licenses, permits or certificates required by the state before undertaking their duties as house parents. In the event that the house parents terminate their employment without first training suitable replacements, the facility must replace them with trained house parents within 30 days, or the home for troubled youth must cease operating.