HOUSE BILL NO. 806
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H0806......................................................by STATE AFFAIRS
DAYCARE PROGRAMS - Amends existing law relating to daycare programs; to
revise a definition; to provide for issuance of licenses to family daycare
homes and group daycare facilities; to provide for application, inspection,
continuing compliance and reinspection procedures for family daycare homes
and group daycare facilities; to provide for a minimum age for applicants;
to require criminal background checks for specified individuals associated
with family daycare homes and group daycare facilities; to prohibit
immediate family members who are registered sex offenders from being on the
premises while children participating in a family daycare home, group
daycare facility or daycare center program are on the premises; to provide
for license renewal; to revise license fees; to require compliance with
certain fire safety standards; to provide a requirement for a telephone to
be located on the premises; to provide for child to staff ratios; to revise
health standards; to provide for denial, suspension or revocation of a
license; to add to the specified crimes precluding eligibility for a
license; to permit fire inspections; to remove requirements for
availability for inspection of fire inspection certificates and criminal
history checks; to remove criminal sanction for operation without certain
certificates; to provide for a grace period for operating a family daycare
home, group daycare facility or daycare center without a license; to
provide for the duty of the county prosecuting attorney to prosecute
violations; to provide for no liability for the state or political
subdivisions in issuing licenses; and to revise training requirements.
03/13 House intro - 1st rdg - to printing
03/14 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. 806
BY STATE AFFAIRS 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 REVISE A
4 DEFINITION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1103,
5 IDAHO CODE, TO PROVIDE FOR ISSUANCE OF LICENSES TO FAMILY DAYCARE HOMES
6 AND GROUP DAYCARE FACILITIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
7 SECTION 39-1104, IDAHO CODE, TO PROVIDE FOR APPLICATION, INSPECTION, CON-
8 TINUING COMPLIANCE AND REINSPECTION PROCEDURES FOR FAMILY DAYCARE HOMES
9 AND GROUP DAYCARE FACILITIES, TO PROVIDE FOR A MINIMUM AGE FOR APPLICANTS
10 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1105, IDAHO CODE,
11 TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR SPECIFIED INDIVIDUALS ASSOCIATED
12 WITH FAMILY DAYCARE HOMES AND GROUP DAYCARE FACILITIES, TO PROHIBIT IMME-
13 DIATE FAMILY MEMBERS WHO ARE REGISTERED SEX OFFENDERS FROM BEING ON THE
14 PREMISES WHILE CHILDREN PARTICIPATING IN A FAMILY DAYCARE HOME, GROUP
15 DAYCARE FACILITY OR DAYCARE CENTER PROGRAM ARE ON THE PREMISES AND TO MAKE
16 TECHNICAL CORRECTIONS; AMENDING SECTION 39-1106, IDAHO CODE, TO PROVIDE
17 FOR LICENSE RENEWAL FOR FAMILY DAYCARE HOMES AND GROUP DAYCARE FACILITIES
18 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1107, IDAHO CODE,
19 TO REVISE LICENSE FEES, TO REMOVE A FEE REDUCTION PROVISION AND TO MAKE
20 TECHNICAL CORRECTIONS; AMENDING SECTION 39-1109, IDAHO CODE, TO REQUIRE
21 FAMILY DAYCARE HOMES AND GROUP DAYCARE FACILITIES TO COMPLY WITH CERTAIN
22 FIRE SAFETY STANDARDS, TO PROVIDE A REQUIREMENT FOR A TELEPHONE TO BE
23 LOCATED ON THE PREMISES, TO REMOVE A SEPARATE STANDARDS REQUIREMENT, TO
24 PROVIDE FOR CHILD TO STAFF RATIOS, TO PROVIDE CORRECT TERMINOLOGY AND TO
25 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-1110, IDAHO CODE, TO
26 REQUIRE FAMILY DAYCARE HOMES AND GROUP DAYCARE FACILITIES TO COMPLY WITH
27 CERTAIN HEALTH STANDARDS, TO REVISE AND ADD TO HEALTH STANDARDS, TO PRO-
28 VIDE FOR CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
29 SECTION 39-1113, IDAHO CODE, TO PERMIT THE DEPARTMENT OF HEALTH AND WEL-
30 FARE TO DENY, SUSPEND OR REVOKE A LICENSE UPON FINDINGS OF ILLEGAL ACTIV-
31 ITY, ACTIVITY DETRIMENTAL TO THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC
32 OR OF A CHILD, OR IF A REGISTERED SEX OFFENDER RESIDES AT THE LICENSED
33 ADDRESS, TO ADD TO THE SPECIFIED CRIMES PRECLUDING ELIGIBILITY FOR A
34 LICENSE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1114,
35 IDAHO CODE, TO PERMIT FIRE INSPECTION OF FAMILY DAYCARE HOMES AND GROUP
36 DAYCARE FACILITIES BY THE DEPARTMENT OF HEALTH AND WELFARE, TO REMOVE AN
37 EXCEPTION TO LICENSURE FOR PERSONS PROVIDING DAYCARE IN A GROUP DAYCARE
38 FACILITY, TO REMOVE REQUIREMENTS FOR AVAILABILITY FOR INSPECTION OF FIRE
39 INSPECTION CERTIFICATE AND CRIMINAL HISTORY CHECK; AMENDING SECTION
40 39-1115, IDAHO CODE, TO PROVIDE CRIMINAL SANCTIONS FOR OPERATING A FAMILY
41 DAYCARE HOME OR GROUP DAYCARE FACILITY WITHOUT OBTAINING A LICENSE, TO
42 REMOVE CRIMINAL SANCTION FOR OPERATION WITHOUT CERTAIN CERTIFICATES, TO
43 PROVIDE FOR A GRACE PERIOD FOR OPERATING A FAMILY DAYCARE HOME, GROUP
44 DAYCARE FACILITY OR DAYCARE CENTER WITHOUT A LICENSE AND TO MAKE TECHNICAL
45 CORRECTIONS; AMENDING SECTION 39-1116, IDAHO CODE, TO PROVIDE FOR THE DUTY
46 OF THE COUNTY PROSECUTING ATTORNEY TO PROSECUTE VIOLATIONS WITH REGARD TO
1 FAMILY DAYCARE HOMES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
2 39-1117, IDAHO CODE, TO PROVIDE NO LIABILITY FOR THE STATE OR POLITICAL
3 SUBDIVISIONS IN ISSUING LICENSES TO FAMILY DAYCARE HOMES AND GROUP DAYCARE
4 FACILITIES; AMENDING SECTION 39-1118, IDAHO CODE, TO PROVIDE FOR CORRECT
5 TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION
6 39-1119, IDAHO CODE, TO REQUIRE TRAINING REQUIREMENTS FOR EMPLOYEES OF
7 FAMILY DAYCARE HOMES AND GROUP DAYCARE FACILITIES, TO REVISE TRAINING HOUR
8 REQUIREMENTS AND TO REQUIRE ADDITIONAL SPECIFIED TRAINING.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 39-1101. POLICY. It is hereby declared to be the policy of this state to
13 establish a minimum statewide system for the protection of children in day
14 care centers daycare facilities. This system is intended to establish minimum
15 standards, while still leaving primary responsibility for evaluation and
16 selection of day care daycare services with parents. The minimum standards
17 established by this chapter shall not be construed as preempting more strin-
18 gent regulation by county or city ordinance.
19 SECTION 2. That Section 39-1102, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-1102. DEFINITIONS. As used in this chapter:
22 (1) "Board" means the Idaho board of health and welfare.
23 (2) "Child" means a person less than twelve thirteen (1 23) years of age.
24 (3) " Day careDaycare" means care and supervision provided for compensa-
25 tion during part of a twenty-four (24) hour day, for a child or children not
26 related by blood or marriage to the person or persons providing the care, in a
27 place other than the child's or children's own home or homes.
28 (4) " Day careDaycare center" means a place or facility providing day care
29 daycare for compensation for thirteen (13) or more children.
30 (5) "Department" means the Idaho department of health and welfare.
31 (6) "District health board" means the district health boards of the
32 respective public health districts as established in chapter 4, title 39,
33 Idaho Code.
34 (7) "District health department" means the district health departments of
35 the respective districts, created in section 39-409, Idaho Code.
36 (8) "Employee" means any person working for compensation in a facility
37 that provides day care daycare.
38 (9) "Family day care daycare home" means a home, place, or facility pro-
39 viding day care daycare for six (6) or fewer children.
40 (10) "Group day care daycare facility" means a home, place, or facility
41 providing day care daycare for seven (7) to twelve (12) children.
42 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 39-1103. LICENSING AUTHORITY. The department of health and welfare is
45 hereby authorized and directed to issue "basic day care daycare licenses" as
46 provided in this chapter. The department is authorized to establish procedures
47 for issuing licenses to day care family daycare homes, group daycare facili-
48 ties and daycare centers which shall be maintained and operated in conformity
1 with the standards authorized in this chapter. Nothing in this chapter shall
2 be construed to limit or restrict the teaching of religious doctrines, values,
3 or tenets in a facility licensed under the provisions of this chapter. The
4 provisions of this chapter shall not apply to:
5 (1) The occasional care of a neighbor's, relative's or friend's child or
6 children by a person not ordinarily in the business of child care;
7 (2) The operation of a private school or religious school for educational
8 purposes for children over four (4) years of age or a religious kindergarten;
9 (3) The provision of occasional care exclusively for children of parents
10 who are simultaneously in the same building;
11 (4) The operation of day camps, programs and religious schools for less
12 than twelve (l2) weeks during a calendar year or not more often than once a
13 week; or
14 (5) The provision of care for children of only one (1) immediate family
15 in addition to the person's own children.
16 SECTION 4. That Section 39-1104, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-1104. APPLICATION FOR LICENSE -- FIRE SAFETY AND HEALTH INSPECTIONS.
19 (1) Application. A person who wishes to operate a day care family daycare
20 home, group daycare facility or daycare center shall be a minimum of eighteen
21 (18) years of age, submit an application, on the forms provided by the depart-
22 ment, and shall obtain the required certificates of inspection as provided
24 (2) Inspections. A person who wishes to operate a day care family daycare
25 home, group daycare facility or daycare center shall submit: (a) a certifi-
26 cate of a fire inspection of the proposed center, conducted by a fire depart-
27 ment or fire district official, establishing compliance with the minimum stan-
28 dards specified in section 39-1109, Idaho Code; and (b) a health inspection
29 of the proposed center conducted by the district health department, establish-
30 ing compliance with the minimum standards specified in section 39-1110, Idaho
32 (3) Continued compliance and reinspection. Day care Family daycare homes,
33 group daycare facilities and daycare centers shall at all times maintain com-
34 pliance with the fire safety and health requirements identified in this chap-
35 ter. The department may cause any day care family daycare home, group daycare
36 facility or daycare center to be reinspected during the term of a license for
37 fire safety and health compliance as determined necessary. No charge for any
38 reinspection after the initial inspection in any license period shall be made
39 to the day care family daycare home, group daycare facility or daycare center.
40 SECTION 5. That Section 39-1105, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
43 criminal history check on the owners, operators and employees of a day care
44 family daycare home, group daycare facility or daycare center who have direct
45 contact with children, and on all volunteers and other individuals twelve
46 thirteen (1 23) years of age or older who have unsupervised direct contact with
47 children in a day care or are regularly on the premises of a family daycare
48 home, group daycare facility or daycare center. This includes individuals who
49 may reasonably be expected to have unsupervised contact with children, but do
50 not provide direct care, such as janitorial staff, lunchroom staff, pastors
51 and immediate family members of the licensee. The criminal history check shall
1 include the following for all persons subject to the provisions of this sec-
2 tion who are eighteen (18) years of age or older:
3 (a) Statewide criminal identification bureau;
4 (b) Federal bureau of investigation (FBI) criminal history;
5 (c) National crime information center; and
6 (d) Statewide child abuse register.
7 (2) Criminal history checks on those persons under eighteen (18) years of
8 age shall include a check of the juvenile justice records of adjudications of
9 the magistrate division of the district court, county probation services and
10 department of health and welfare records as authorized by the minor and his
11 parent or guardian.
12 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
13 provide for exemption from the provisions of this chapter, any person who
14 owns, operates or is employed by a private school for educational purposes for
15 children four (4) through six (6) years of age or a private kindergarten shall
16 comply with the provisions of this section.
17 (4) A person who is required by this section to undergo a criminal his-
18 tory background check, who has an immediate family member who is a registered
19 sex offender or becomes registered, and who may reasonably be expected to be
20 on the premises at any time, must disclose this information in writing,
21 including a photograph of the registered sex offender, to all employees, par-
22 ents and the licensing agency. No such registered sex offender shall be on the
23 premises while any child participating in a family daycare home, group daycare
24 facility or daycare center program is on the premises.
25 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica-
28 tion, inspection certificates and the criminal history, the department shall,
29 upon a finding of compliance, issue a basic day care daycare license to the
30 applicant. The license shall be valid for two (2) years and shall be posted in
31 a conspicuous place at the day care family daycare home, group daycare facil-
32 ity or daycare center.
33 (2) After the criminal history check has been completed for any person,
34 it shall not be necessary to repeat the check for renewal of a license. The
35 department may, however, require the applicant for renewal of a license to
36 declare on a form provided by the department that the applicant is in compli-
37 ance with the original standards and conditions required for issuance of a
39 (3) The department shall maintain a list of all licensees for public use.
40 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 39-1107. FEES. (1) The board shall establish by rule the maximum total
43 fee to be assessed for a basic day care daycare license which shall not exceed
44 one hundred fifty dollars ($1 00.050). The board shall allocate the fee for
45 fire and health inspections and for the criminal history check. The board
46 shall also establish a renewal fee which shall not exceed sixty ninety dollars
47 ($ 690.00).
48 (2) The applicable license fee in subsection (1) of this section shall be
49 reduced by twenty-five percent (25%) for any day care facility which provides
50 evidence that at least fifty percent (50%) of its staff is certified in
51 infant/child first aid and pediatric rescue breathing.
1 SECTION 8. That Section 39-1109, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-1109. FIRE SAFETY STANDARDS. (1) Day care Family daycare homes, group
4 daycare facilities and daycare centers shall comply with the following fire
5 safety standards in the area of the day care center daycare facility in which
6 day care daycare is provided: (a) adequate fire and smoke alarms; (b) a
7 functional telephone located on the daycare facility premises during the hours
8 of operation; (c) adequate fire extinguishers or other suitable arrangements
9 for extinguishing fires; and (d) adequate exits. Separate standards in these
10 categories shall also be developed for group day care facilities.
11 (2) No fire standards developed pursuant to this chapter shall be more
12 stringent than the standards contained in the International Fire Code, without
13 supplementation by any other standard or code.
14 (3) In addition to the fire safety standards identified in subsection (1)
15 of this section, fire safety standards may be established to govern the maxi-
16 mum allowable ratio of children to staff subject to the following restric-
18 (a) In no event shall the child-staff ratio for daycare centers require
19 more than one (1) staff member to six (6) children for all children age
20 eighteen (18) months or less ,; when children of varying ages are present,
21 any staff member responsible for supervising one (1) or more children age
22 eighteen (18) months or less shall be responsible for no more than six (6)
23 children. In no event shall the child-staff ratio require more than one
24 (1) staff member to twelve (12) children for all children above age eigh-
25 teen (18) months but less than five (5) years; and when children of vary-
26 ing ages are present, any staff member responsible for supervising one (1)
27 or more children older than eighteen (18) months but younger than five (5)
28 years shall be responsible for no more than twelve (12) children. In no
29 event shall the child-staff ratio require more than one (1) staff member
30 to eighteen (18) children for all children whose age is five (5) years or
31 more; when children of varying ages are present, any staff member respon-
32 sible for supervising one (1) or more children older than five (5) years
33 shall be responsible for no more than eighteen (18) children;
34 (b) No factors other than fire safety may be considered in establishing
35 child-staff ratios;
36 (c) All adults Only staff on the premises providing direct supervision to
37 the children shall be counted as staff for purposes of computing a child-
38 staff ratio; and
39 (d) Each child on the premises shall count as one (1) child for purposes
40 of computing a child-staff ratio. A licensee's own children over five (5)
41 years of age shall not be included in the child-staff ratio; and
42 (e) Family daycare homes and group daycare facilities that provide care
43 to a mixed age group of children shall have a maximum allowable child-
44 staff ratio based on the age of the children in attendance. If a child
45 under the age of eighteen (18) months is in attendance, then the maximum
46 group size is twelve (12) children or ten (10) points, whichever is
47 reached first, as determined by the following formula:
48 (i) A child under the age of eighteen (18) months equals two (2)
50 (ii) A child over the age of eighteen (18) months to five (5) years
51 equals one (1) point; and
52 (iii) A child the age of five (5) years or older equals one-half
53 (1/2) point.
54 If all of the children in attendance are over the age of eighteen (18)
1 months, then the maximum mixed age group ratio shall be one (1) staff mem-
2 ber to twelve (12) children.
3 SECTION 9. That Section 39-1110, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 39-1110. HEALTH STANDARDS. Day care Family daycare homes, group daycare
6 facilities and daycare centers shall comply with the following health stan-
8 (1) Food for use in day care centers daycare facilities shall be prepared
9 and served in a sanitary manner with sanitized utensils and on surfaces that
10 have been cleaned, rinsed and sanitized prior to use to prevent contamination;
11 (2) All food that is to be served in day care centers daycare facilities
12 shall be stored in such a manner that it is protected from potential contami-
14 (3) Diaper changing shall be conducted in such a manner as to prevent the
15 spread of communicable diseases;
16 (4) Sleeping and play areas, restrooms and fixtures shall be maintained
17 in a safe, sanitary condition;
18 (5) Children and facility personnel shall be provided with individual or
19 disposable towels for handwashing and the handwashing area shall be equipped
20 with soap and hot and cold running water;
21 (6) The water supply, where the source is other than a public water sys-
22 tem, must be approved by the district board of health;
23 (7) Medicines, cleaning supplies and other hazardous substances must be
24 stored out of reach of children;
25 (8) A telephone or some type of emergency communication system located on
26 the daycare facility premises during the hours of operation is required; and
27 (9) Smoking or alcohol consumption is prohibited on the premises of a
28 daycare facility during the period of the program's hours of operation;
29 (10) Representatives of the district health department shall not be denied
30 access to a day care center daycare facility during hours of operation for
31 purposes of control of communicable disease; and
32 (11) Firearms or weapons are not permitted on daycare center or group
33 daycare facility premises that operate in nonresidential buildings. Firearms
34 or weapons on the premises of family daycare homes and group daycare facili-
35 ties that operate in the licensee's residence must be stored, unloaded, in a
36 locked storage cabinet that is inaccessible to children.
37 SECTION 10. That Section 39-1113, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-1113. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. (1) A license may
40 be denied, suspended or revoked by the department if the department finds that
41 the applicant or licensee does not comply with the provisions of this chapter.
42 (2) A license may be denied, suspended or revoked by the department if
43 the department finds that illegal activity has occurred on the daycare facil-
44 ity premises.
45 (3) A license may be denied, suspended or revoked by the department if
46 the department finds that the activity, use or privilege authorized under the
47 license is being or has been exercised so as to be detrimental to the public
48 health, safety and welfare. A license may be suspended upon substantiated com-
49 plaint that the health and/or safety of a child is threatened due to the
50 child's enrollment in the family daycare home, group daycare facility or
51 daycare center.
1 (4) A license may be denied, suspended or revoked by the department if
2 the department finds that a registered sex offender resides at the address of
3 the licensed family daycare home, group daycare facility or daycare center.
4 (5) No person who has been found guilty of or received a withheld judg-
5 ment for any offense involving neglect or any physical injury to, or other
6 abuse of a child including the following offenses or a similar provision in
7 another jurisdiction, shall be eligible for a license under the provisions of
8 this chapter:
9 (a) Injuring a child, section 18-1501, Idaho Code.
10 (b) The sexual abuse of a child under sixteen (16) years of age, section
11 18-1506, Idaho Code.
12 (c) The ritualized abuse of a child under eighteen (18) years of age,
13 section 18-1506A, Idaho Code.
14 (d) The sexual exploitation of a child, section 18-1507 or 18-1507A,
15 Idaho Code.
16 (e) Lewd conduct with a child under the age of sixteen (16) years, sec-
17 tion 18-1508, Idaho Code.
18 (f) The sale or barter of a child for adoption or other purposes, section
19 18-1511, Idaho Code.
20 (g) Murder, section 18-4001 or 18-4003, Idaho Code.
21 (h) Voluntary manslaughter, section 18-4006, Idaho Code.
22 (i) Rape, section 18-6101 or 18-6108, Idaho Code.
23 (j) Incest, section 18-6602, Idaho Code.
24 (k) Forcible sexual penetration by use of foreign object, section
25 18-6608, Idaho Code.
26 (l) Abuse, neglect or exploitation of a vulnerable adult, section
27 18-1505, Idaho Code.
28 (m) Aggravated, first degree and second degree arson, sections 18-801
29 through 18-805, Idaho Code.
30 (n) Crimes against nature, section 18-6605, Idaho Code.
31 (o) Kidnapping, sections 18-4501 through 18-4503, Idaho Code.
32 (p) Mayhem, section 18-5001, Idaho Code.
33 (q) Poisoning, sections 18-4014 and 18-5501, Idaho Code.
34 (r) Possession of sexually exploitive material, section 18-1507A, Idaho
36 (s) Robbery, section 18-6501, Idaho Code.
37 (t) Felony stalking, section 18-7905, Idaho Code.
38 (u) Any felony punishable by death or life imprisonment.
39 (v) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701,
40 Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to
41 commit any of the crimes designated in paragraphs (a) through (u) of this
43 ( 36) The denial, suspension or revocation of a license under this chapter
44 may be appealed to the district court of the county in which the affected day
45 care center daycare facility is located and the appeal shall be heard de novo
46 in the district court.
47 SECTION 11. That Section 39-1114, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 39-1114. LIMITED APPLICATIONS. Any person providing day care in a group
50 day care facility shall not be required to be licensed, but shall comply with
51 the requirements of section 39-1105, Idaho Code, for a criminal history check
52 and shall obtain a fire inspection certificate establishing compliance with
53 the standards provided in section 39-1109, Idaho Code. The fire inspection for
1 family daycare homes and group day care daycare facilities may be conducted by
2 the district health department. The fire inspection certificate and the crimi-
3 nal history check, if one is required, shall be available for inspection on
4 the premises.
5 A group day care facility or family day care home may elect to comply with
6 the provisions of this chapter and upon a finding of compliance by the depart-
7 ment, shall receive a basic day care license.
8 SECTION 12. That Section 39-1115, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a day care
11 family daycare home, group daycare facility or daycare center within this
12 state without first obtaining a basic day care daycare license from the
13 department or to operate a day care family daycare home, group daycare facil-
14 ity or daycare center without posting a basic day care daycare license in a
15 conspicuous place. A copy of this chapter shall be available on the premises
16 at all times for staff and parents to read on request.
17 (2) It shall be a misdemeanor to operate a group day care facility with-
18 out obtaining the certificates required in section 39-1114, Idaho Code; pro-
19 vided, that in the event of an initial citation for violation of the provi-
20 sions of this subsection, if a person makes the applications required within
21 twenty (20) days, the complaint shall be dismissed. Operation of a group day
22 care facility after denial of the certificates required shall be a misdemeanor
23 If a family daycare home, group daycare facility or daycare center is found to
24 be operating without a license, the licensing agency may grant a grace period
25 of no more than thirty (30) days to allow for the facility to be in compliance
26 with the provisions of this chapter.
27 (3) It is a misdemeanor for any person to provide day care daycare ser-
28 vices if such person has been found guilty in this state's courts, in any
29 other state's courts, or in any federal court, of any offense listed under the
30 provisions of section 39-1113, Idaho Code.
31 SECTION 13. That Section 39-1116, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of
34 the county in which the day care family daycare home, daycare center or group
35 day care daycare facility is located to prosecute violations of the provisions
36 of this chapter.
37 SECTION 14. That Section 39-1117, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of
40 a license or certificate pursuant to this chapter shall not constitute a rep-
41 resentation of affirmance to any person that the day care family daycare home,
42 group daycare facility or daycare center to which a license is issued or a
43 group day care facility to which a certificate is issued is free from risk
44 with regard to the standards in this chapter. The state and its political sub-
45 divisions or any employees or agents of the state or its political subdivi-
46 sions shall not be liable for nor shall a cause of action exist for any loss
47 or damage based upon the failure of any person to meet the standards contained
48 in this chapter.
1 SECTION 15. That Section 39-1118, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a
4 child's initial attendance at any licensed day care daycare facility, the par-
5 ent or guardian shall provide a statement to the operator of the day care
6 daycare facility regarding the child's immunity to certain childhood diseases.
7 This statement shall provide a certificate signed by a physician or a repre-
8 sentative of a health district, that the child has received, or is in the
9 process of receiving immunizations as specified by the board of health and
10 welfare; or can effectively demonstrate, through verification in a form
11 approved by the department of health and welfare, immunity gained through
12 prior contraction of the disease.
13 Immunizations required and the manner and frequency of their administra-
14 tion shall be as prescribed by the state board of health and welfare and shall
15 conform to recognized standard medical practices in the state. The state board
16 of health and welfare shall promulgate appropriate rules and regulations for
17 the enforcement of the required immunization program and specify reporting
18 requirements of day care centers daycare facilities, pursuant to the provi-
19 sions of chapter 52, title 67, Idaho Code.
20 (2) Any minor child whose parent or guardian has submitted to officials
21 of a licensed day care daycare facility a certificate signed by a physician
22 licensed by the state board of medicine stating that the physical condition of
23 the child is such that all or any of the required immunizations would endanger
24 the life or health of the child shall be exempt from the provisions of this
25 section. Any minor child whose parent or guardian has submitted a signed
26 statement to officials of the day care daycare facility stating their objec-
27 tions on religious or other grounds shall be exempt from the provisions of
28 this section.
29 SECTION 16. That Section 39-1119, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care fam-
32 ily daycare home, group daycare facility or daycare center shall ensure that
33 each employee receives four eight ( 48) hours of ongoing child development
34 and/or health and safety training every twelve (12) months after the
35 employee's hire date. Training in pediatric rescue breathing and first aid
36 shall count for up to two (2) hours of ongoing health and safety training. The
37 owner or operator of a family daycare home, group daycare facility or daycare
38 center shall ensure that each employee or volunteer who has unsupervised
39 direct contact with children shall be certified in pediatric rescue breathing
40 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 mixed
age staff-child ratios, places prohibitions on sex offenders, 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.
Names: Representative George Sayler
Representative Max Black
Representative Eric Anderson
Senator Joyce Broadsword
Senator Mike Burkett
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 806