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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 - 2006IN 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 2 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 inday14care centersdaycare facilities. This system is intended to establish minimum 15 standards, while still leaving primary responsibility for evaluation and 16 selection ofday caredaycare 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 thantwelvethirteen (123) 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 providingday care29 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 providesday caredaycare. 38 (9) "Familyday caredaycare home" means a home, place, or facility pro- 39 vidingday caredaycare for six (6) or fewer children. 40 (10) "Groupday caredaycare facility" means a home, place, or facility 41 providingday caredaycare 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 "basicday caredaycare licenses" as 46 provided in this chapter. The department is authorized to establish procedures 47 for issuing licenses today carefamily daycare homes, group daycare facili- 48 ties and daycare centers which shall be maintained and operated in conformity 3 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 aday carefamily 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 23 herein. 24 (2) Inspections. A person who wishes to operate aday carefamily 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 31 Code. 32 (3) Continued compliance and reinspection.Day careFamily 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 anyday carefamily 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 theday carefamily 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 aday care44 family daycare home, group daycare facility or daycare center who have direct 45 contact with children, and on all volunteers and other individualstwelve46 thirteen (123) years of age or older who have unsupervised direct contact with 47 childrenin a day careor 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 4 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 basicday caredaycare license to the 30 applicant. The license shall be valid for two (2) years and shall be posted in 31 a conspicuous place at theday carefamily 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 38 license. 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 basicday caredaycare license which shall not exceed 44 one hundred fifty dollars ($100.050). 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 exceedsixtyninety dollars 47 ($690.00). 48(2) The applicable license fee in subsection (1) of this section shall be49reduced by twenty-five percent (25%) for any day care facility which provides50evidence that at least fifty percent (50%) of its staff is certified in51infant/child first aid and pediatric rescue breathing.5 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 careFamily daycare homes, group 4 daycare facilities and daycare centers shall comply with the following fire 5 safety standards in the area of theday care centerdaycare facility in which 6day caredaycare 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 these10categories 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- 17 tions: 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;andwhen 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 adultsOnly 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;and39 (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) 49 points; 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) 6 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 careFamily daycare homes, group daycare 6 facilities and daycare centers shall comply with the following health stan- 7 dards: 8 (1) Food for use inday care centersdaycare 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 inday care centersdaycare facilities 12 shall be stored in such a manner that it is protected from potential contami- 13 nation; 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 telephoneor some type of emergency communication systemlocated on 26 the daycare facility premises during the hours of operation is required;and27 (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 aday care centerdaycare 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. 7 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 35 Code. 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 42 subsection. 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 affectedday45care centerdaycare 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 group50day care facility shall not be required to be licensed, but shall comply with51the requirements of section 39-1105, Idaho Code, for a criminal history check52and shall obtain a fire inspection certificate establishing compliance with53the standards provided in section 39-1109, Idaho Code.The fire inspection for 8 1 family daycare homes and groupday caredaycare facilities may be conducted by 2 the district health department.The fire inspection certificate and the crimi-3nal history check, if one is required, shall be available for inspection on4the premises.5A group day care facility or family day care home may elect to comply with6the provisions of this chapter and upon a finding of compliance by the depart-7ment, 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 aday care11 family daycare home, group daycare facility or daycare center within this 12 state without first obtaining a basicday caredaycare license from the 13 department or to operate aday carefamily daycare home, group daycare facil- 14 ity or daycare center without posting a basicday caredaycare 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-18out obtaining the certificates required in section 39-1114, Idaho Code; pro-19vided, that in the event of an initial citation for violation of the provi-20sions of this subsection, if a person makes the applications required within21twenty (20) days, the complaint shall be dismissed. Operation of a group day22care facility after denial of the certificates required shall be a misdemeanor23 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 provideday caredaycare 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 theday carefamily daycare home, daycare center or group 35day caredaycare 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 theday carefamily daycare home, 42 group daycare facility or daycare center to which a license is issuedor a43group day care facility to which a certificate is issuedis 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. 9 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 licensedday caredaycare facility, the par- 5 ent or guardian shall provide a statement to the operator of theday care6 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 rulesand regulationsfor 17 the enforcement of the required immunization program and specify reporting 18 requirements ofday care centersdaycare 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 licensedday caredaycare 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 theday caredaycare 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 aday carefam- 32 ily daycare home, group daycare facility or daycare center shall ensure that 33 each employee receivesfoureight (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 RS 16244 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. FISCAL NOTE 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. Contact 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