2000 Legislation
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HOUSE BILL NO. 560 – Day care, group, health/safety

HOUSE BILL NO. 560

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Daily Data Tracking History



H0560.................................................by HEALTH AND WELFARE
DAY CARE - Amends existing law to redefine a group day care facility and
family day care home; to provide that group day care facilities must comply
with health standards; to provide that the Department of Health and Welfare
shall investigate and take appropriate action when it is reported that the
health or safety of children is endangered; to provide for health
inspections; and to provide for additional training for employees of a day
care center or group day care facility.
                                                                        
02/11    House intro - 1st rdg - to printing
02/14    Rpt prt - to Health/Wel

Bill Text


 H0560
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 560
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAY CARE FACILITIES; AMENDING  SECTION  39-1102,  IDAHO  CODE,  TO
  3        REVISE  THE  DEFINITIONS  OF  "FAMILY  DAY  CARE HOME" AND "GROUP DAY CARE
  4        FACILITY"; AMENDING SECTION 39-1110, IDAHO CODE, TO PROVIDE THAT GROUP DAY
  5        CARE FACILITIES  MUST  COMPLY  WITH  HEALTH  STANDARDS;  AMENDING  SECTION
  6        39-1113,  IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE
  7        SHALL IMMEDIATELY INVESTIGATE ANY DAY CARE CENTER OR GROUP DAY CARE FACIL-
  8        ITY AND TAKE APPROPRIATE ACTION UPON A REPORT BY A PUBLIC HEALTH  DISTRICT
  9        THAT  THE  HEALTH  OR  SAFETY  OF CHILDREN IS ENDANGERED; AMENDING SECTION
 10        39-1114, IDAHO CODE, TO PROVIDE THAT  A  GROUP  DAY  CARE  FACILITY  SHALL
 11        OBTAIN  A HEALTH INSPECTION FROM THE DISTRICT HEALTH DEPARTMENT ESTABLISH-
 12        ING COMPLIANCE WITH HEALTH STANDARDS; AND AMENDING SECTION 39-1119,  IDAHO
 13        CODE,  TO PROVIDE FOR ADDITIONAL TRAINING IN CHILD DEVELOPMENT FOR EMPLOY-
 14        EES OF A DAY CARE CENTER OR GROUP DAY CARE FACILITY  AND  TO  REQUIRE  ALL
 15        EMPLOYEES  AND  UNSUPERVISED  VOLUNTEERS  TO HAVE CERTIFICATION EVIDENCING
 16        INFANT/CHILD FIRST AID AND PEDIATRIC RESCUE BREATHING.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 39-1102, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        39-1102.  DEFINITIONS. As used in this chapter:
 21        (1)  "Board" means the Idaho board of health and welfare.
 22        (2)  "Child" means a person less than twelve (12) years of age.
 23        (3)  "Day  care" means care and supervision provided for compensation dur-
 24    ing part of a twenty-four (24) hour day, for a child or children  not  related
 25    by  blood  or marriage to the person or persons providing the care, in a place
 26    other than the child's or children's own home or homes.
 27        (4)  "Day care center" means a place or facility providing  day  care  for
 28    compensation for thirteen (13) or more children.
 29        (5)  "Department" means the Idaho department of health and welfare.
 30        (6)  "District  health  board"  means  the  district  health boards of the
 31    respective public health districts as established  in  chapter  4,  title  39,
 32    Idaho Code.
 33        (7)  "District health department" means the district health departments of
 34    the respective districts, created in section 39-409, Idaho Code.
 35        (8)  "Employee"  means  any  person working for compensation in a facility
 36    that provides day care.
 37        (9)  "Family day care home" means a home, place, or facility providing day
 38    care for six four (64) or fewer children.
 39        (10) "Group day care facility" means a home, place, or facility  providing
 40    day care for seven five (75) to twelve (12) children.
                                                                        
 41        SECTION  2.  That  Section 39-1110, Idaho Code, be, and the same is hereby
 42    amended to read as follows:
                                                                        
                                           2
                                                                        
  1        39-1110.  HEALTH STANDARDS. Day care centers and group day care facilities
  2    shall comply with the following health standards:
  3        (1)  Food for use in day care centers shall be prepared and  served  in  a
  4    sanitary    manner  with  sanitized  utensils  and  on surfaces that have been
  5    cleaned, rinsed and sanitized prior to use to prevent contamination;
  6        (2)  All food that is to be served in day care centers shall be stored  in
  7    such a manner that it is protected from potential contamination;
  8        (3)  Diaper changing shall be conducted in such a manner as to prevent the
  9    spread of communicable diseases;
 10        (4)  Sleeping  and  play areas, restrooms and fixtures shall be maintained
 11    in a sanitary condition;
 12        (5)  Children and facility personnel shall be provided with individual  or
 13    disposable  towels  for handwashing and the handwashing area shall be equipped
 14    with soap and hot and cold running water;
 15        (6)  The water supply, where the source is other than a public water  sys-
 16    tem, must be approved by the district board of health;
 17        (7)  Medicines,  cleaning  supplies and other hazardous substances must be
 18    stored out of reach of children;
 19        (8)  A telephone  or  some  type  of  emergency  communication  system  is
 20    required; and
 21        (9)  Representatives of the district health department shall not be denied
 22    access to a day care center for purposes of control of communicable disease.
                                                                        
 23        SECTION  3.  That  Section 39-1113, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        39-1113.  DENIAL, SUSPENSION OR REVOCATION OF LICENSE -- ACTION AT REQUEST
 26    OF PUBLIC HEALTH DISTRICT. (1) A license may be denied, suspended  or  revoked
 27    by  the department if the department finds that the applicant or licensee does
 28    not comply with the provisions of this chapter.
 29        (2)  No person who has been found guilty of or received a  withheld  judg-
 30    ment  for  any  offense  involving neglect or any physical injury to, or other
 31    abuse of a child including the following offenses or a  similar  provision  in
 32    another  jurisdiction, shall be eligible for a license under the provisions of
 33    this chapter:
 34        (a)  Injuring a child, section 18-1501, Idaho Code.
 35        (b)  The sexual abuse of a child under sixteen (16) years of age,  section
 36        18-1506, Idaho Code.
 37        (c)  The  ritualized  abuse  of  a child under eighteen (18) years of age,
 38        section 18-1506A, Idaho Code.
 39        (d)  The sexual exploitation of a  child,  section  18-1507  or  18-1507A,
 40        Idaho Code.
 41        (e)  Lewd  conduct  with a child under the age of sixteen (16) years, sec-
 42        tion 18-1508, Idaho Code.
 43        (f)  The sale or barter of a child for adoption or other purposes, section
 44        18-1511, Idaho Code.
 45        (g)  Murder, section 18-4001 or 18-4003, Idaho Code.
 46        (h)  Voluntary manslaughter, section 18-4006, Idaho Code.
 47        (i)  Rape, section 18-6101 or 18-6108, Idaho Code.
 48        (j)  Incest, section 18-6602, Idaho Code.
 49        (k)  Forcible  sexual  penetration  by  use  of  foreign  object,  section
 50        18-6608, Idaho Code.
 51        (3)  The denial, suspension or revocation of a license under this  chapter
 52    may  be appealed to the district court of the county in which the affected day
 53    care center is located and the appeal shall be heard de novo in  the  district
                                                                        
                                           3
                                                                        
  1    court.
  2        (4)  Upon  a report by a public health district to the department that the
  3    health or safety of children in a day care center or group day  care  facility
  4    is  endangered,  the  department  shall  immediately investigate and take such
  5    action with respect to the licensee or group day care facility as is  required
  6    and authorized under the circumstances.
                                                                        
  7        SECTION  4.  That  Section 39-1114, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        39-1114.  LIMITED APPLICATIONS. Any person providing day care in  a  group
 10    day  care facility shall not be required to be licensed, but shall comply with
 11    the requirements of section 39-1105, Idaho Code, for a criminal history check,
 12    and shall obtain a fire inspection certificate  establishing  compliance  with
 13    the standards provided in section 39-1109, Idaho Code, and a health inspection
 14    by  the  district health department establishing compliance with the standards
 15    specified in section 39-1110, Idaho Code.  The fire inspection for  group  day
 16    care  facilities  may be conducted by the district health department. The fire
 17    inspection certificate, the proof of health inspection and the  criminal  his-
 18    tory check, if one is required, shall be available for inspection on the prem-
 19    ises.
 20        A group day care facility or family day care home may elect to comply with
 21    the provisions of this chapter and upon a finding of compliance by the depart-
 22    ment, shall receive a basic day care license.
                                                                        
 23        SECTION  5.  That  Section 39-1119, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        39-1119.  TRAINING REQUIREMENTS. The owner or operator of a day care  cen-
 26    ter  shall ensure that each employee receives four eight (48) hours of ongoing
 27    child development training every twelve (12) months after the employee's  hire
 28    date.  All  employees and unsupervised volunteers must have current certifica-
 29    tion evidencing infant/child first aid and pediatric rescue breathing.

Statement of Purpose / Fiscal Impact




                STATEMENT OF PURPOSE 
                     RS 09670C1 
     
     The citizens of Idaho rely on the legislature to define the floor of acceptable care
     that all child care programs must meet. The purpose of this bill is to establish an
     effective licensing system to regulate child care and early childhood education
     providers in the State of Idaho. The numbers of children in nonparental care and
     early education settings has dramatically increased in recent years, making the
     need for minimum standards even more acute. Such regulation will help guide
     parents in their choice of child care options and will minimize the potential for
     harmful care. 
     
     
     
                    FISCAL IMPACT
     
     None. 
     
     
     
     
     
               Contact:  Rep. Jeff Alltus      (208) 332-1000
               Cathy Kowalski       (208) 665-0630
               DeAnn Johnson        (208) 451-0103 
     
     
                                        STATEMENT OF PURPOSE/FISCAL NOTE                           H 560