2006 Legislation
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HOUSE BILL NO. 806 – Daycare prog, license

HOUSE BILL NO. 806

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
                                                                        
                                           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  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 (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 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
                                                                        
                                           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 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
 23    herein.
 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
 31    Code.
 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 (123) 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
                                                                        
                                           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 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
 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 basic day care daycare 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 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.
                                                                        
                                           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 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-
 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; 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)
 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 care Family daycare homes, group daycare
  6    facilities and daycare centers shall comply with the  following  health  stan-
  7    dards:
  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-
 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 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.
                                                                        
                                           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 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
                                                                        
                                           8
                                                                        
  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.
                                                                        
                                           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 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 / Fiscal Impact



                         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