HOUSE BILL NO. 612
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.
This sentence is marked with bold and underline to show added text.
This sentence is marked with strikethrough and italic, indicating
text to be removed.
H0612.................................................by HEALTH AND WELFARE
DAYCARE PROGRAMS - Amends and repeals existing law relating to daycare
programs to revise definitions; to provide for correct terminology; to
revise age requirements for a person submitting an application to operate a
daycare program; to require criminal background checks for specified
individuals; to require registered sex offender disclosures; to prohibit
immediate family members who are registered sex offenders from being on the
premises while children participating in a daycare program are present; to
revise license fees and to remove a fee reduction provision; to remove a
separate standards requirement; to provide that only staff providing direct
supervision to children be counted in computing child to staff ratios; to
provide for child to staff ratios; to require that specified areas be
maintained in a safe condition; to revise and add to daycare program health
standards; to permit the Department of Health and Welfare to deny, suspend
or revoke a license upon findings of illegal activity, activity detrimental
to the public health, safety or welfare, or activity that threatens the
health or safety of a child enrolled in the program; to add to the
specified crimes precluding eligibility for a license; to provide for a
grace period to come into compliance with licensure requirements; to revise
training hour requirements; and to require additional specified training.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 612
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO DAYCARE PROGRAMS; AMENDING SECTION 39-1101, IDAHO CODE, TO PROVIDE
3 CORRECT TERMINOLOGY; AMENDING SECTION 39-1102, IDAHO CODE, TO DEFINE TERMS
4 AND TO REVISE DEFINITIONS; AMENDING SECTION 39-1103, IDAHO CODE, TO PRO-
5 VIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1104, IDAHO CODE, TO REVISE
6 THE AGE REQUIREMENT FOR A PERSON SUBMITTING AN APPLICATION TO OPERATE A
7 DAYCARE PROGRAM AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
8 39-1105, IDAHO CODE, TO REQUIRE CRIMINAL HISTORY BACKGROUND CHECKS FOR
9 SPECIFIED INDIVIDUALS, TO REQUIRE REGISTERED SEX OFFENDER DISCLOSURES, TO
10 PROHIBIT IMMEDIATE FAMILY MEMBERS WHO ARE REGISTERED SEX OFFENDERS FROM
11 BEING ON THE PREMISES WHILE CHILDREN PARTICIPATING IN A DAYCARE PROGRAM
12 ARE PRESENT AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1106,
13 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1107,
14 IDAHO CODE, TO REVISE LICENSE FEES, TO REMOVE A FEE REDUCTION PROVISION
15 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1109, IDAHO CODE,
16 TO PROVIDE A REQUIREMENT FOR A TELEPHONE TO BE LOCATED ON THE PREMISES, TO
17 REMOVE A SEPARATE STANDARDS REQUIREMENT, TO PROVIDE THAT ONLY STAFF PRO-
18 VIDING DIRECT SUPERVISION TO CHILDREN BE COUNTED IN COMPUTING CHILD TO
19 STAFF RATIOS, TO PROVIDE FOR CHILD TO STAFF RATIOS AND TO PROVIDE CORRECT
20 TERMINOLOGY; AMENDING SECTION 39-1110, IDAHO CODE, TO REQUIRE THAT SPECI-
21 FIED AREAS BE MAINTAINED IN A SAFE CONDITION, TO DELETE REFERENCE TO EMER-
22 GENCY COMMUNICATION SYSTEM, TO REVISE AND ADD TO DAYCARE PROGRAM HEALTH
23 STANDARDS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1111,
24 IDAHO CODE, TO DELETE A CODE REFERENCE; AMENDING SECTION 39-1113, IDAHO
25 CODE, TO PERMIT THE DEPARTMENT OF HEALTH AND WELFARE TO DENY, SUSPEND OR
26 REVOKE A LICENSE UPON FINDINGS OF ILLEGAL ACTIVITY, ACTIVITY DETRIMENTAL
27 TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR ACTIVITY THAT THREATENS THE
28 HEALTH OR SAFETY OF A CHILD ENROLLED IN THE PROGRAM, TO ADD TO THE SPECI-
29 FIED CRIMES PRECLUDING ELIGIBILITY FOR A LICENSE AND TO PROVIDE CORRECT
30 TERMINOLOGY; REPEALING SECTION 39-1114, IDAHO CODE, RELATING TO EXCEPTION
31 TO LICENSURE; AMENDING SECTION 39-1115, IDAHO CODE, TO PROVIDE FOR A GRACE
32 PERIOD TO COME INTO COMPLIANCE WITH LICENSURE REQUIREMENTS AND TO PROVIDE
33 CORRECT TERMINOLOGY; AMENDING SECTIONS 39-1116 AND 39-1117, IDAHO CODE, TO
34 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1118, IDAHO CODE, TO PRO-
35 VIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING
36 SECTION 39-1119, IDAHO CODE, TO REVISE TRAINING HOUR REQUIREMENTS, TO
37 REQUIRE ADDITIONAL SPECIFIED TRAINING AND TO PROVIDE CORRECT TERMINOLOGY.
38 Be It Enacted by the Legislature of the State of Idaho:
39 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-1101. POLICY. It is hereby declared to be the policy of this state to
42 establish a minimum statewide system for the protection of children in day
43 care centers daycare programs. This system is intended to establish minimum
1 standards, while still leaving primary responsibility for evaluation and
2 selection of day care daycare services with parents. The minimum standards
3 established by this chapter shall not be construed as preempting more strin-
4 gent regulation by county or city ordinance.
5 SECTION 2. That Section 39-1102, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-1102. DEFINITIONS. As used in this chapter:
8 (1) "Board" means the Idaho board of health and welfare.
9 (2) "Child" means a person less than twelve (12) thirteen (13) years of
11 (3) " Day care Daycare" means care and supervision provided for compensa-
12 tion during part of a twenty-four (24) hour day, for a child or children not
13 related by blood or marriage to the person or persons providing the care, in a
14 place other than the child's or children's own home or homes.
15 (4) " Day care Daycare center" means a place or facility providing day
16 care daycare for compensation for thirteen (13) or more children in a nonresi-
17 dential place or facility.
18 (5) "Daycare program" means a family daycare home, group daycare facil-
19 ity, daycare center, place or facility providing daycare services for compen-
20 sation to two (2) or more children not related to the provider.
21 (6) "Department" means the Idaho department of health and welfare.
22 ( 67) "District health board" means the district health boards of the
23 respective public health districts as established in chapter 4, title 39,
24 Idaho Code.
25 ( 78) "District health department" means the district health departments
26 of the respective districts, created in section 39-409, Idaho Code.
27 ( 89) "Employee" means any person working for compensation in a facility
28 that provides day care daycare.
29 ( 910) "Family day care daycare home" or "group daycare facility" means a
30 home, place, or facility providing day care for six (6) or fewer children
31 daycare services in a homelike environment.
32 (10) "Group day care facility" means a home, place, or facility providing
33 day care for seven (7) to twelve (12) children.
34 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 39-1103. LICENSING AUTHORITY. The department of health and welfare is
37 hereby authorized and directed to issue "basic day care daycare licenses" as
38 provided in this chapter. The department is authorized to establish procedures
39 for issuing licenses to day care centers daycare programs which shall be main-
40 tained and operated in conformity with the standards authorized in this chap-
41 ter. Nothing in this chapter shall be construed to limit or restrict the
42 teaching of religious doctrines, values, or tenets in a facility licensed
43 under the provisions of this chapter. The provisions of this chapter shall not
44 apply to:
45 (1) The occasional care of a neighbor's, relative's or friend's child or
46 children by a person not ordinarily in the business of child care;
47 (2) The operation of a private school or religious school for educational
48 purposes for children over four (4) years of age or a religious kindergarten;
49 (3) The provision of occasional care exclusively for children of parents
50 who are simultaneously in the same building;
51 (4) The operation of day camps, programs and religious schools for less
1 than twelve (l2) weeks during a calendar year or not more often than once a
2 week; or
3 (5) The provision of care for children of only one (1) immediate family
4 in addition to the person's own children.
5 SECTION 4. That Section 39-1104, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-1104. APPLICATION FOR LICENSE -- FIRE SAFETY AND HEALTH INSPECTIONS.
8 (1) Application. A person who wishes to operate a day care center daycare pro-
9 gram shall be a minimum of eighteen (18) years of age, submit an application,
10 on the forms provided by the department, and shall obtain the required certif-
11 icates of inspection as provided herein.
12 (2) Inspections. A person who wishes to operate a day care center daycare
13 program shall submit: (a) a certificate of a fire inspection of the proposed
14 center, conducted by a fire department or fire district official, establishing
15 compliance with the minimum standards specified in section 39-1109, Idaho
16 Code; and (b) a health inspection of the proposed center conducted by the dis-
17 trict health department, establishing compliance with the minimum standards
18 specified in section 39-1110, Idaho Code.
19 (3) Continued compliance and reinspection. Day care centers Daycare pro-
20 grams shall at all times maintain compliance with the fire safety and health
21 requirements identified in this chapter. The department may cause any day care
22 center daycare program to be reinspected during the term of a license for fire
23 safety and health compliance as determined necessary. No charge for any rein-
24 spection after the initial inspection in any license period shall be made to
25 the day care center daycare program.
26 SECTION 5. That Section 39-1105, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
29 criminal history check on the owners, operators and employees of a day care
30 center daycare program who have direct contact with children, and on all vol-
31 unteers and other individuals twelve (12) thirteen (13) years of age or older
32 who have unsupervised direct contact with children in a day care center
33 daycare program or who reside at a daycare program or are regularly on the
34 premises of a daycare program. This includes individuals who may reasonably be
35 expected to have unsupervised contact with children, but do not provide direct
36 care, such as janitorial staff, lunchroom staff, clergy and immediate family
37 members of the licensee. The criminal history check shall include the follow-
38 ing for all persons subject to the provisions of this section who are eighteen
39 (18) years of age or older:
40 (a) Statewide criminal identification bureau;
41 (b) Federal bureau of investigation (FBI) criminal history;
42 (c) National crime information center; and
43 (d) Statewide child abuse register.
44 (2) Criminal history checks on those persons under eighteen (18) years of
45 age shall include a check of the juvenile justice records of adjudications of
46 the magistrate division of the district court, county probation services and
47 department of health and welfare records as authorized by the minor and his
48 parent or guardian.
49 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
50 provide for exemption from the provisions of this chapter, any person who
51 owns, operates or is employed by a private school for educational purposes for
1 children four (4) through six (6) years of age or a private kindergarten shall
2 comply with the provisions of this section.
3 (4) A person required by this section to undergo a criminal history back-
4 ground check, who has an immediate family member who is a registered sex
5 offender or becomes so registered and who may reasonably be expected to be on
6 the premises at any time, must disclose this information in writing, including
7 a photograph of the registered sex offender, to all employees, parents and the
8 licensing agency. No such registered sex offender shall be on the premises
9 while any child participating in a daycare program is on the premises.
10 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica-
13 tion, inspection certificates and the criminal history, the department shall,
14 upon a finding of compliance, issue a basic day care daycare license to the
15 applicant. The license shall be valid for two (2) years and shall be posted in
16 a conspicuous place at the day care center daycare program.
17 (2) After the criminal history check has been completed for any person,
18 it shall not be necessary to repeat the check for renewal of a license. The
19 department may, however, require the applicant for renewal of a license to
20 declare on a form provided by the department that the applicant is in compli-
21 ance with the original standards and conditions required for issuance of a
23 (3) The department shall maintain a list of all licensees for public use.
24 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-1107. FEES. (1) The board shall establish by rule the maximum total
27 fee to be assessed for a basic day care daycare license which shall not exceed
28 one hundred fifty dollars ($1 050.00). The board shall allocate the fee for
29 fire and health inspections and for the criminal history check. The board
30 shall also establish a renewal fee which shall not exceed sixty ninety dollars
31 ($ 690.00).
32 (2) The applicable license fee in subsection (1) of this section shall be
33 reduced by twenty-five percent (25%) for any day care facility which provides
34 evidence that at least fifty percent (50%) of its staff is certified in
35 infant/child first aid and pediatric rescue breathing.
36 SECTION 8. That Section 39-1109, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers Daycare programs
39 shall comply with the following fire safety standards in the area of the day
40 care center daycare program in which day care daycare is provided: (a) ade-
41 quate fire and smoke alarms; (b) a functional telephone located on the
42 daycare program premises during the hours of operation; (c) adequate fire
43 extinguishers or other suitable arrangements for extinguishing fires; and
44 (d) adequate exits. Separate standards in these categories shall also be
45 developed for group day care facilities.
46 (2) No fire standards developed pursuant to this chapter shall be more
47 stringent than the standards contained in the International Fire Code, without
48 supplementation by any other standard or code.
49 (3) In addition to the fire safety standards identified in subsection (1)
1 of this section, fire safety standards may be established to govern the maxi-
2 mum allowable ratio of children to staff subject to the following restric-
4 (a) In no event shall the child-staff ratio require more than one (1)
5 staff member to six (6) children for all children age eighteen (18) months
6 or less, more than one (1) staff member to twelve (12) children for all
7 children above age eighteen (18) months but less than five (5) years; and
8 more than one (1) staff member to eighteen (18) children for all children
9 whose age is five (5) years or more;
10 (b) No factors other than fire safety may be considered in establishing
11 child-staff ratios;
12 (c) All adults Only staff on the premises providing direct supervision to
13 the children shall be counted as staff for purposes of computing a child-
14 staff ratio; and
15 (d) Each child on the premises shall be counted as one (1) child for pur-
16 poses of computing a child-staff ratio; and
17 (e) Daycare programs that provide care to a mixed age group of children
18 shall have a maximum allowable child-staff ratio based on the age of the
19 children in attendance. If a child under the age of twenty-four (24)
20 months is in attendance, then the maximum group size is ten (10) children
21 or ten (10) points, whichever is reached first, as determined by the fol-
22 lowing formula:
23 (i) A child under the age of twenty-four (24) months equals two (2)
25 (ii) A child the age of twenty-five (25) months to four (4) years
26 equals one (1) point; and
27 (iii) A child the age of four (4) years or older equals one half
28 (1/2) point.
29 If all of the children in attendance are over the age of twenty-four (24)
30 months, then the maximum mixed age group ratio shall be one (1) staff member
31 to twelve (12) children.
32 SECTION 9. That Section 39-1110, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-1110. HEALTH STANDARDS. Day care centers Daycare programs shall comply
35 with the following health standards:
36 (1) Food for use in day care centers daycare programs shall be prepared
37 and served in a sanitary manner with sanitized utensils and on surfaces that
38 have been cleaned, rinsed and sanitized prior to use to prevent contamination;
39 (2) All food that is to be served in day care centers daycare programs
40 shall be stored in such a manner that it is protected from potential contami-
42 (3) Diaper changing shall be conducted in such a manner as to prevent the
43 spread of communicable diseases;
44 (4) Sleeping and play areas, restrooms and fixtures shall be maintained
45 in a safe, sanitary condition;
46 (5) Children and facility personnel shall be provided with individual or
47 disposable towels for handwashing and the handwashing area shall be equipped
48 with soap and hot and cold running water;
49 (6) The water supply, where the source is other than a public water sys-
50 tem, must be approved by the district board of health;
51 (7) Medicines, cleaning supplies and other hazardous substances must be
52 stored out of reach of children;
53 (8) A telephone or some type of emergency communication system is
1 required; and
2 (9) Representatives of the district health department shall not be denied
3 access to a day care center daycare program during hours of operation for pur-
4 poses of control of communicable diseases;
5 (10) Smoking or alcohol consumption is prohibited on the premises of a
6 daycare program during the period of the program's hours of operation; and
7 (11) Firearms or weapons are not permitted on daycare program premises.
8 Firearms or weapons on the premises of family daycare homes and group daycare
9 facilities must be stored, unloaded, in a locked storage cabinet that is inac-
10 cessible to children.
11 SECTION 10. That Section 39-1111, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-1111. RULES AUTHORIZED. In order to implement the provisions of this
14 chapter, the following rule making rulemaking authority is authorized:
15 (1) The state fire marshal, in addition to other duties imposed by law,
16 is hereby authorized and directed to establish rules necessary to implement
17 the provisions of section s 39-1109, and 39-1114, Idaho Code;
18 (2) District health boards, in addition to other duties imposed by law,
19 are hereby authorized and directed to establish necessary health standards to
20 implement the provisions of section 39-1110, Idaho Code; and
21 (3) The board, in addition to other duties imposed by law, is hereby
22 authorized and directed to establish procedures necessary to implement the
23 provisions of this chapter including procedure for submission of required cer-
24 tificates as provided in sections 39-1109 and 39-1110, Idaho Code, and conduct
25 of the criminal history check provided in section 39-1105, Idaho Code.
26 The rule making rulemaking authority granted in this section shall be lim-
27 ited to the specific standards and procedures required by this chapter.
28 SECTION 11. That Section 39-1113, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-1113. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. (1) A license may
31 be denied, suspended or revoked by the department if the department finds that
32 the applicant or licensee does not comply with the provisions of this chapter.
33 (2) A license may be denied, suspended or revoked by the department if
34 the department finds that illegal activity has occurred on the daycare program
36 (3) A license may be denied, suspended or revoked by the department if
37 the department finds that the activity, use or privilege authorized under the
38 license is being or has been exercised so as to be detrimental to the public
39 health, safety and welfare. A license may be suspended upon substantiated com-
40 plaint that the health or safety of a child is threatened due to the child's
41 enrollment in the daycare program.
42 ( 24) No person who has been found guilty of or received a withheld judg-
43 ment for any offense involving neglect or any physical injury to, or other
44 abuse of a child including the following offenses or a similar provision in
45 another jurisdiction, shall be eligible for a license under the provisions of
46 this chapter:
47 (a) Injuring a child, section 18-1501, Idaho Code.
48 (b) The sexual abuse of a child under sixteen (16) years of age, section
49 18-1506, Idaho Code.
50 (c) The ritualized abuse of a child under eighteen (18) years of age,
51 section 18-1506A, Idaho Code.
1 (d) The sexual exploitation of a child, section 18-1507 or 18-1507A,
2 Idaho Code.
3 (e) Lewd conduct with a child under the age of sixteen (16) years, sec-
4 tion 18-1508, Idaho Code.
5 (f) The sale or barter of a child for adoption or other purposes, section
6 18-1511, Idaho Code.
7 (g) Murder, section 18-4001 or 18-4003, Idaho Code.
8 (h) Voluntary manslaughter, section 18-4006, Idaho Code.
9 (i) Rape, section 18-6101 or 18-6108, Idaho Code.
10 (j) Incest, section 18-6602, Idaho Code.
11 (k) Forcible sexual penetration by use of foreign object, section
12 18-6608, Idaho Code.
13 (l) Abuse, neglect or exploitation of a vulnerable adult, section
14 18-1505, Idaho Code.
15 (m) Aggravated, first degree and second degree arson, sections 18-801
16 through 18-805, Idaho Code.
17 (n) Crimes against nature, section 18-6605, Idaho Code.
18 (o) Kidnapping, sections 18-4501 through 18-4503, Idaho Code.
19 (p) Mayhem, section 18-5001, Idaho Code.
20 (q) Poisoning, sections 18-4014 and 18-5501, Idaho Code.
21 (r) Possession of sexually exploitative material, section 18-1507A, Idaho
23 (s) Robbery, section 18-6501, Idaho Code.
24 (t) Felony stalking, section 18-7905, Idaho Code.
25 (u) Any felony punishable by death or life imprisonment.
26 (v) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701,
27 Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to
28 commit any of the crimes designated in paragraphs (a) thorough (u) of this
30 ( 35) The denial, suspension or revocation of a license under this chapter
31 may be appealed to the district court of the county in which the affected day
32 care center daycare program is located and the appeal shall be heard de novo
33 in the district court.
34 SECTION 12. That Section 39-1114, Idaho Code, be, and the same is hereby
36 SECTION 13. That Section 39-1115, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a day care
39 center daycare program within this state without first obtaining a basic day
40 care daycare license from the department or to operate a day care center
41 daycare program without posting a basic day care daycare license in a conspic-
42 uous place. A copy of this chapter shall be available on the premises at all
43 times for staff and parents to read on request.
44 (2) It shall be a misdemeanor to operate a group day care facility with-
45 out obtaining the certificates required in section 39-1114, Idaho Code; pro-
46 vided, that in the event of an initial citation for violation of the provi-
47 sions of this subsection, if a person makes the applications required within
48 twenty (20) days, the complaint shall be dismissed. Operation of a group day
49 care facility after denial of the certificates required shall be a misdemeanor
50 If a daycare program is found to be operating without a license, the licensing
51 agency may grant a grace period of no more than thirty (30) days to allow for
52 the program to come into compliance with the provisions of this chapter.
1 (3) It is a misdemeanor for any person to provide day care daycare ser-
2 vices if such person has been found guilty in this state's courts, in any
3 other state's courts, or in any federal court, of any offense listed under the
4 provisions of section 39-1113, Idaho Code.
5 SECTION 14. That Section 39-1116, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of
8 the county in which the day care center or group day care facility daycare
9 program is located to prosecute violations of the provisions of this chapter.
10 SECTION 15. That Section 39-1117, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of
13 a license or certificate pursuant to this chapter shall not constitute a rep-
14 resentation of affirmance to any person that the day care center daycare pro-
15 gram to which a license is issued or a group day care facility to which a cer-
16 tificate is issued is free from risk with regard to the standards in this
17 chapter. The state and its political subdivisions or any employees or agents
18 of the state or its political subdivisions shall not be liable for nor shall a
19 cause of action exist for any loss or damage based upon the failure of any
20 person to meet the standards contained in this chapter.
21 SECTION 16. That Section 39-1118, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a
24 child's initial attendance at any licensed day care facility daycare program,
25 the parent or guardian shall provide a statement to the operator of the day
26 care facility daycare program regarding the child's immunity to certain child-
27 hood diseases. This statement shall provide a certificate signed by a physi-
28 cian or a representative of a health district, that the child has received, or
29 is in the process of receiving immunizations as specified by the board of
30 health and welfare; or can effectively demonstrate, through verification in a
31 form approved by the department of health and welfare, immunity gained through
32 prior contraction of the disease.
33 Immunizations required and the manner and frequency of their administra-
34 tion shall be as prescribed by the state board of health and welfare and shall
35 conform to recognized standard medical practices in the state. The state board
36 of health and welfare shall promulgate appropriate rules and regulations for
37 the enforcement of the required immunization program and specify reporting
38 requirements of day care centers daycare programs, pursuant to the provisions
39 of chapter 52, title 67, Idaho Code.
40 (2) Any minor child whose parent or guardian has submitted to officials
41 of a licensed day care facility daycare program a certificate signed by a phy-
42 sician licensed by the state board of medicine stating that the physical con-
43 dition of the child is such that all or any of the required immunizations
44 would endanger the life or health of the child shall be exempt from the provi-
45 sions of this section. Any minor child whose parent or guardian has submitted
46 a signed statement to officials of the day care facility daycare program stat-
47 ing their objections on religious or other grounds shall be exempt from the
48 provisions of this section.
1 SECTION 17. That Section 39-1119, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care cen-
4 ter daycare program shall ensure that each employee receives four (4) eight
5 (8) hours of ongoing child development and/or health and safety training every
6 twelve (12) months after the employee's hire date. The owner or operator of a
7 daycare program shall ensure that each employee or volunteer who has
8 unsupervised direct contact with children shall be certified in pediatric res-
9 cue breathing and first aid.
STATEMENT OF PURPOSE
This legislation amends Title 39 Chapter 11 of Idaho Code to revise and
extend the state's licensing requirements for child care providers. The
current code provides for minimum health and safety standards for centers
with 13 or more children, but does not provide any regulation for those
providing care for six or fewer children and very minimal regulation for
those providing care for seven to twelve children. This legislation would
extend licensing requirements to all providers who provide care for
compensation to two or more children, current exemptions excepted. Basic
requirements would include health and safety inspections, fire inspections,
criminal history background checks and infant CPR and first aid training.
It establishes new staff-child ratios and brings current code into
consistency with existing administrative practices and rules.
It is expected that there will be a minimal fiscal impact of $89,700 to the
state general fund. Fees for licensing will be increased and this will
cover most of the anticipated increase in the cost to the state.
Name: Rep George Sayler
Rep Max Black
Rep Eric Anderson
Sen Joyce Broadsword
Sen Mike Burkett
STATEMENT OF PURPOSE/FISCAL NOTE H 612