A Letter from Foundation President Doug Forbes

August 1, 2022

TO:       California Legislature

RE.       AB 1737 (Holden) Oppose Unless Amended

Members,

In 1974, Senator (and eventual Vice President) Walter Mondale said this about summer camps:

“Parents are left to wonder exactly what standards they can rely on to protect their children. Each summer, our children reap the harvest of this disorganization and confusion. Worse, when dangerous situations are uncovered, State officials usually lack enforcement power to change the conditions. Clearly, this is not what parents have in mind when they send their children for a happy and healthy experience. Parents have a right to expect that their children are being cared for and supervised according to reasonable standards of health and safety. They have a right to know exactly what conditions they are sending their children into, and they have a right to know which camps provide the safest experience. With very few exceptions, State laws relating to camp safety were found to be grossly inadequate. Another camp season cannot slip by without any action to assure minimum conditions for health and safety. Another camp season cannot pass in which our only barometer of camp conditions comes from the all-too-late newspaper accounts of tragedies.”

In fact, 48 camp seasons have passed since the American Camp Association and other camp lobbies thwarted Mondale’s efforts to pass the federal Children and Youth Camp Safety Act.

The ACA and health lobbies have also been largely successful in their efforts to protect camps state-by-state, regardless of the consequences. My 6-year-old daughter Roxie was just one of many consequences. Summerkids camp in Altadena killed her three years ago due to admitted gross negligence. Summerkids is an American Camp Association member.

Systemic failures and unbridled influence-peddling continue to harm or endanger children five decades after Mondale’s desperate pleas for change.

The camp industry is a $26 billion nationwide behemoth that serves 20+ million children and employs 1 million workers. I am president of the nation’s only camp safety foundation. If that does not tell you enough about the dearth of summer camp oversight and power of special interests, absolutely nothing will.

I have repeatedly engaged you about our camp safety bill AB 1737 (Holden). As the bill’s former sponsor, I am mortified by its current state – a shell of the meaningful measure that my camp safety foundation crafted for member Holden mere months ago.

Instead of adopting any truly preventative provisions, both Houses have, yet again, deferred to lobbies and special interest reps who sold you on the idea of a “workgroup” as a proxy for a legislative mandate. According to the current language, this workgroup should “implement strategies and partnerships that promote health and safety in children’s camps [by 2024].” In other words, they might, but since history is our greatest teacher, they likely won’t.

As I have explained ad nauseam, such camp safety workgroup models have been lose-lose propositions since Mondale drew attention to the issue. You refused to listen to our concerned alliance partners including the Beau Biden Foundation, American Academy of Pediatrics, Los Angeles Unified School District, concerned parents and, especially, our foundation and me… the very person who does this work 24/7/365… the very person who has watched his daughter, his wife and his mother suffer immeasurable grief and die… and the very person who, nonetheless, continues to do this work so that other children – your children or children’s children – do not have to suffer as I do or as countless others before me.

Workgroups that hold meetings about meetings are not only speed bumps or stop signs to real change, they are also pawns that precipitate preventable child harm. We have partners throughout the nation who have bypassed speed bumps in favor of mandates. Why do you refuse to replicate their models?

Therefore, I call your attention to the third most populous state – Texas. Instead of adopting the meritless, derisory AB 1737 version you now have before you, the very least you can do is adopt the following excerpts from the Texas Youth Camp Safety and Health Act.

Take the lead from Texas, and give children and families the camp protections they deserve. For goodness sake, if Texas can do it, California certainly can. California families deserve better. They deserve for you to act. Because when the next child suffers, and the next, due to inaction, you’re not going to want to receive those phone calls as I have.

Please review the following pages and immediately amend this bill.

Doug Forbes

President, Meow Meow Foundation

P.S. The Senate Appropriations Committee said the current vacuous version of AB 1737 would cost roughly $1 million to effectuate over the next two years. The city of Sacramento used taxpayer dollars to pay $15 million in 2016 to the parents of 13-year-old Natalie Giorgi who died at Camp Sacramento. Is an unenforceable “master plan” worth $15 million to you? What is a child’s life worth?

TEXAS YOUTH CAMP SAFETY AND HEALTH ACT (Excerpts) 

Sec. 141.003.  A person may not own, operate, control, or supervise a youth camp unless the person:

(1)  holds a license issued under this chapter for that camp;  and

(2)  complies with this chapter and department rules and orders.

Sec. 141.0035. 

(a)  The executive commissioner by rule shall establish the amount of the fee for obtaining or renewing a license under this chapter. The executive commissioner shall set the fee in a reasonable amount designed to recover the direct and indirect costs to the department of administering and enforcing this chapter.  The executive commissioner may set fees in a different amount for resident youth camps and day youth camps to reflect differences in the costs of administering and enforcing this chapter for resident and day camps.

(b)  Before the executive commissioner adopts or amends a rule under Subsection (a), the department shall solicit comments and information from the operators of affected youth camps and allow affected youth camp operators the opportunity to meet with appropriate department staff involved with the rulemaking process.

Sec. 141.004.  

(a)  To obtain a license, a person must submit a license application accompanied by a license fee in an amount set by the executive commissioner by rule.

(b)  On receiving a license application, the department shall inspect the applicant's facilities, operations, and premises and shall issue a license to each applicant who will operate a youth camp in accordance with this chapter and rules adopted under this chapter.

(c)  The department shall issue serially numbered licenses.

Sec. 141.005. 

(a) A person holding a license issued under this chapter must renew the license annually by submitting a renewal application on a date determined by department rule on a form provided by the department.

(b)  The application must be accompanied by a renewal fee in an amount set by the executive commissioner by rule.

(c)  The department may not renew the license of a youth camp which has not corrected deficiencies before the application for renewal is submitted.  The executive commissioner shall adopt substantive and procedural rules for the submission by a youth camp operator of evidence that a deficiency or deficiencies have been corrected.

Sec. 141.0051. 

In making a determination on issuance, renewal, or revocation of a youth camp operator's license, the department shall consider whether the youth camp employs an individual who was convicted of an act of sexual abuse, as defined by Section 21.02, Penal Code, that occurred at the camp.

Sec. 141.006. 

The department is the principal authority on matters relating to health and safety conditions at youth camps.  In addition to the powers and duties established by this chapter, the department has any other powers necessary and convenient to carry out its responsibilities under this chapter.

Sec. 141.007. 

(a)  An employee or agent of the department may enter any property for which a license is issued under this chapter, property for which a license application to operate a youth camp is pending, or property on which a youth camp is in operation to investigate and inspect conditions relating to the health and safety of campers.

(b)  An employee or agent who enters a youth camp to investigate and inspect conditions shall notify the person in charge of the camp of the inspector's presence and shall present proper credentials.  The department may exercise the remedies authorized by Section 141.015(b) if the employee or agent is not allowed to enter.

(c)  The executive commissioner may prescribe reasonable record-keeping requirements for licensed youth camps, including a requirement that the youth camp keep records relating to matters involving the health and safety of campers.  An employee or agent of the department may examine, during regular business hours, any records relating to the health and safety of campers.

(d)  An employee or agent of the department who enters a youth camp to investigate and inspect shall:

(1)  notify the person in charge of the camp or person's designee of any violations as they are discovered;  and

(2)  allow the camp to correct the violations while the investigation and inspection is occurring.

(e)  The department may not extend or delay an investigation or inspection to allow the youth camp to correct a violation under Subsection (d)(2).

(f)  An employee or agent of the department performing an investigation and inspection under this section may not report a violation that is significant under the department's rules if the violation is corrected during the investigation and inspection.

(g)  A penalty may not be imposed on a youth camp for a violation that is significant under the department's rules if the violation is corrected during an investigation and inspection under this section.

Sec. 141.0085. 

(a)  The executive commissioner by rule shall establish a procedure for the department to forward a report of alleged abuse of a camper that is received by the department to the Department of Family and Protective Services or another appropriate agency.

(b)  If a law enforcement agency notifies a youth camp operator of the investigation or conviction of an individual who is employed by the camp for an act of sexual abuse, as defined by Section 21.02, Penal Code, that occurred at the camp, the operator shall:

(1)  immediately notify the department of the investigation or conviction; and

(2)  retain all records related to the investigation or conviction until the department notifies the camp that the record retention is no longer required.

Sec. 141.009. 

The executive commissioner by rule shall establish health and safety standards for youth camps.  The standards may relate to:

(1)  adequate and proper supervision at all times of camp activities;

(2)  qualifications for directors, supervisors, and staff and sufficient numbers of those persons;

(3)  proper safeguards for sanitation and public health;

(4)  adequate medical services for personal health and first aid;

(5)  proper procedures for food preparation, handling, and mass feeding;

(6)  healthful and sufficient water supply;

(7)  proper waste disposal;

(8)  proper water safety procedures for swimming pools, lakes, and waterways;

(9)  safe boating equipment;

(10)  proper maintenance and safe use of motor vehicles;

(11)  safe buildings and physical facilities;

(12)  proper fire precautions;

(13)  safe and proper recreational and other equipment;

(14)  proper regard for density and use of the premises; and

(15)  records of criminal convictions of camp personnel.

Sec. 141.0095. 

(a)  A person holding a license issued under this chapter may not employ or accept the volunteer service of an individual for a position involving contact with campers at a youth camp unless:

(1)  the individual submits to the person or the youth camp has on file documentation that verifies the individual within the preceding two years successfully completed the training and examination program required by this section; or

(2)  the individual successfully completes the youth camp's training and examination program, which must be approved by the department as required by this section, during the individual's first workweek and the youth camp issues and files documentation verifying that fact.

(b)  A person holding a license issued under this chapter must retain in the person's records a copy of the documentation required or issued under Subsection (a) for each employee or volunteer until the second anniversary of the examination date.

(c)  A person applying for or holding an employee or volunteer position involving contact with campers at a youth camp must successfully complete the training and examination program on sexual abuse and child molestation required by this section during the applicable period described by Subsection (a).

(d)  In accordance with this section, the executive commissioner by rule shall establish criteria and guidelines for training and examination programs on sexual abuse and child molestation.  The department may approve training and examination programs offered by trainers under contract with youth camps or by online training organizations or may approve programs offered in another format authorized by the department.

(e)  A training and examination program on sexual abuse and child molestation approved by the department must include training and an examination on:

(1)  the definitions and effects of sexual abuse and child molestation;

(2)  the typical patterns of behavior and methods of operation of child molesters and sex offenders that put children at risk;

(3)  the warning signs and symptoms associated with sexual abuse or child molestation, recognition of the signs and symptoms, and the recommended methods of reporting suspected abuse; and

(4)  the recommended rules and procedures for youth camps to implement to address, reduce, prevent, and report suspected sexual abuse or child molestation.

(f)  The department may assess a fee in the amount set by the executive commissioner by rule as necessary to cover the costs of administering this section to each person that applies for the department's approval of a training and examination program on sexual abuse and child molestation under this section.

(g)  The department at least every five years shall review each training and examination program on sexual abuse and child molestation approved by the department to ensure the program continues to meet the criteria and guidelines established by rule under this section.

Sec. 141.010. 

(a)  The executive commissioner shall appoint a committee to advise the executive commissioner in the development of standards and procedures, make recommendations to the executive commissioner regarding the content of the rules adopted to implement this chapter, and perform any other functions requested by the executive commissioner in the implementation and administration of the chapter.

(b)  The advisory committee may not exceed nine members, at least two of whom shall be members of the general public.  The other members should be experienced camping professionals who represent the camping communities of the state.  In making the appointments, the executive commissioner shall attempt to reflect the geographic diversity of the state in proportion to the number of camps licensed by the department in each geographic area of the state.

(c)  Advisory committee members serve for staggered six-year terms, with the terms of three members expiring on August 31 of each odd-numbered year.

(d)  A vacancy on the advisory committee is filled by the executive commissioner in the same manner as other appointments to the advisory committee.

(e)  The advisory committee will meet annually and at the call of the commissioner.

(f)  The advisory committee may elect a chairperson, vice-chairperson, and secretary from among its members and may adopt rules for the conduct of its own activities.

Sec. 141.0111. 

A youth camp operator shall develop and maintain a written policy regarding the method for reporting to the department suspected abuse occurring at the camp.  The operator on request of any person shall provide a copy of the policy to the person.

Sec. 141.0112. 

(a)  The department shall post on the department's Internet website each youth camp compliance order issued by the department until at least the third anniversary of the date the compliance order was finally adjudicated.

(b)  A youth camp operator shall include on the camp's publicly accessible Internet website a clearly marked link to the youth camp program web page on the department's Internet website.

Sec. 141.012. 

(a)  If the department finds that a violation of this chapter or a rule adopted under this chapter has occurred or is occurring at a youth camp for which a license has been issued, the department shall give written notice to the licensee setting forth the nature of the violation and demanding that the violation cease.

(b)  The department may initiate proceedings to revoke the license if the licensee refuses or fails to comply with the notice in the time and manner directed in the notice.

Sec. 141.013. 

(a)  The department may:

(1)  call and conduct hearings;

(2)  administer oaths;

(3)  receive evidence;

(4)  issue subpoenas for witnesses, papers, and documents related to the hearing; and

(5)  make findings of fact and decisions concerning the administration of this chapter and rules adopted under this chapter.

(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(47), eff. April 2, 2015.

(c)  Reasonable notice of the hearing shall be given to all involved parties.

Sec. 141.015. 

(a)  A person who violates this chapter or a rule or order adopted under this chapter is subject to a civil penalty of not less than $50 or more than $1,000 for each act of violation.

(b)  If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the department may bring a civil action in a district court for:

(1)  injunctive relief to restrain the person from continuing the violation or threat of violation;

(2)  the assessment of a civil penalty;  or

(3)  both injunctive relief and a civil penalty.

(c)  The district court, on a finding that the person is violating this chapter or a rule or order adopted under this chapter, shall grant the injunctive relief, assess a civil penalty, or both, as warranted by the facts.

(d)  The department may petition a district court for a temporary restraining order to immediately halt a violation or other action creating an emergency condition if it appears that a person:

(1)  is violating or threatening to violate this chapter or a rule or order adopted under this chapter;  or

(2)  is taking any other action that creates an emergency condition that constitutes an imminent danger to the health, safety, or welfare of campers at a youth camp.

(e)  An action for injunctive relief, recovery of a civil penalty, or both, may be brought in the county in which the defendant resides or in which the violation or threat of violation occurs.

(f)  In an action for injunctive relief under this section, the court may grant any prohibitory or mandatory injunction warranted by the facts, including temporary restraining orders, temporary injunctions, and permanent injunctions. The court shall grant injunctive relief without a bond or other undertaking by the department.

(g)  An appellate court shall give precedence to an action brought under this section over other cases of a different nature on the docket of the court.

(h)  A civil penalty recovered in an action brought by the department under this chapter shall be deposited to the credit of the youth camp health and safety fund.

Sec. 141.016. 

(a)  The department may assess an administrative penalty if a person violates this chapter or a rule or order adopted or license issued under this chapter.

(b)  In determining the amount of the penalty, the department shall consider:

(1)  the person's previous violations;

(2)  the seriousness of the violation;

(3)  any hazard to the health and safety of the public;

(4)  the person's demonstrated good faith; and

(5)  such other matters as justice may require.

(c)  The penalty may not exceed $1,000 a day for each violation.

(d)  Each day a violation continues may be considered a separate violation.

Sec. 141.017. 

(a)  An administrative penalty may be assessed only after a person charged with a violation is given an opportunity for a hearing.

(b)  If a hearing is held, the administrative law judge shall make findings of fact and shall issue a written proposal for decision regarding the occurrence of the violation and the amount of the penalty that may be warranted.

(c)  If the person charged with the violation does not request a hearing, the department may assess a penalty after determining that a violation has occurred and the amount of the penalty that may be warranted.

(d)  After making a determination under this section that a penalty is to be assessed against a person, the department shall issue an order requiring that the person pay the penalty.

(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(47), eff. April 2, 2015.

Sec. 141.018. 

(a)  Not later than the 30th day after the date an order finding that a violation has occurred is issued, the department shall inform the person against whom the order is issued of the amount of the penalty for the violation.

(b)  Not later than the 30th day after the date on which a decision or order charging a person with a penalty is final, the person shall:

(1)  pay the penalty in full; or

(2)  file a petition for judicial review of the department's order contesting the amount of the penalty, the fact of the violation, or both.

(b-1)  Within the period prescribed by Subsection (b), a person who files a petition for judicial review may:

(1)  stay enforcement of the penalty by:

(A)  paying the penalty to the court for placement in an escrow account; or

(B)  posting with the court a supersedeas bond for the amount of the penalty; or

(2)  request that the department stay enforcement of the penalty by:

(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and

(B)  sending a copy of the affidavit to the department.

(b-2)  If the department receives a copy of an affidavit under Subsection (b-1)(2), the department may file with the court, within five days after the date the copy is received, a contest to the affidavit.  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.

(c)  A bond posted under this section must be in a form approved by the court and be effective until all judicial review of the order or decision is final.

(d)  A person who does not send money to, post the bond with, or file the affidavit with the court within the period prescribed by Subsection (b) waives all rights to contest the violation or amount of penalty.

Sec. 141.019. 

On the date the court's judgment that an administrative penalty against a person should be reduced or not assessed becomes final, the court shall order that:

(1)  the appropriate amount of any penalty payment plus accrued interest be remitted to the person not later than the 30th day after that date; or

(2)  the bond be released, if the person has posted a bond.

Sec. 141.020. 

The attorney general at the request of the department may bring a civil action to recover an administrative penalty under this chapter.