View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
H0123..............................................................by TRAIL
CHILD CARE FACILITIES - Amends and repeals existing law to provide correct
terminology; to revise a definition; to provide that basic day care
licenses shall be based on facility size; to provide that the Department of
Health and Welfare shall issue day care licenses for a specific number of
children based on certain factors; to provide that the Department of Health
and Welfare may issue a day care license to care for fewer children than
the facility's maximum capacity; to revise applicable license fees; to
delete language relating to separate standards for group day care
facilities; to provide that day care facilities may combine children of
different age groups under certain conditions; to provide that only adults
in direct supervision of the children shall count as staff for purposes of
computing a child-staff ratio; to delete language relating to punishment
for operating a group day care facility without a certificate; and to
delete references to certificates and group day care facilities.
01/30 House intro - 1st rdg - to printing
01/31 Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 123
BY TRAIL
1 AN ACT
2 RELATING TO CHILD CARE FACILITIES; AMENDING SECTION 39-1101, IDAHO CODE, TO
3 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1102, IDAHO CODE, TO
4 REVISE A DEFINITION; AMENDING SECTIONS 39-1103, 39-1104 AND 39-1105, IDAHO
5 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1106, IDAHO
6 CODE, TO PROVIDE THAT BASIC DAY CARE LICENSES SHALL BE BASED ON FACILITY
7 SIZE, TO PROVIDE THAT THE DEPARTMENT SHALL ISSUE DAY CARE LICENSES FOR A
8 SPECIFIC NUMBER OF CHILDREN BASED ON CERTAIN FACTORS, TO PROVIDE THAT THE
9 DEPARTMENT MAY ISSUE A DAY CARE LICENSE TO CARE FOR FEWER CHILDREN THAN
10 THE FACILITY'S MAXIMUM CAPACITY AND TO PROVIDE CORRECT TERMINOLOGY; AMEND-
11 ING SECTION 39-1107, IDAHO CODE, TO REVISE APPLICABLE LICENSE FEES AND TO
12 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1108, IDAHO CODE, TO PRO-
13 VIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1109, IDAHO CODE, TO DELETE
14 LANGUAGE RELATING TO SEPARATE STANDARDS FOR GROUP DAY CARE FACILITIES, TO
15 PROVIDE THAT DAY CARE FACILITIES MAY COMBINE CHILDREN OF DIFFERENT AGE
16 GROUPS UNDER CERTAIN CONDITIONS, TO PROVIDE THAT ONLY ADULTS IN DIRECT
17 SUPERVISION OF THE CHILDREN SHALL COUNT AS STAFF FOR PURPOSES OF COMPUTING
18 A CHILD-STAFF RATIO AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
19 39-1110, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION
20 39-1111, IDAHO CODE, TO DELETE A CODE REFERENCE AND TO MAKE TECHNICAL COR-
21 RECTIONS; REPEALING SECTION 39-1114, IDAHO CODE; AMENDING SECTION 39-1115,
22 IDAHO CODE, TO DELETE LANGUAGE RELATING TO THE PUNISHMENT FOR OPERATING A
23 GROUP DAY CARE FACILITY WITHOUT A CERTIFICATE AND TO PROVIDE CORRECT TER-
24 MINOLOGY; AMENDING SECTION 39-1116, IDAHO CODE, TO PROVIDE CORRECT TERMI-
25 NOLOGY; AMENDING SECTION 39-1117, IDAHO CODE, TO DELETE REFERENCES TO CER-
26 TIFICATES AND GROUP DAY CARE FACILITIES AND TO PROVIDE CORRECT TERMINOL-
27 OGY; AMENDING SECTION 39-1118, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY
28 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 39-1119, IDAHO
29 CODE, TO REVISE TRAINING REQUIREMENTS AND TO PROVIDE CORRECT TERMINOLOGY.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 39-1101. POLICY. It is hereby declared to be the policy of this state to
34 establish a minimum statewide system for the protection of children in day
35 care centers facilities. This system is intended to establish minimum stan-
36 dards, while still leaving primary responsibility for evaluation and selection
37 of day care services with parents. The minimum standards established by this
38 chapter shall not be construed as preempting more stringent regulation by
39 county or city ordinance.
40 SECTION 2. That Section 39-1102, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 39-1102. DEFINITIONS. As used in this chapter:
2 (1) "Board" means the Idaho board of health and welfare.
3 (2) "Child" means a person less than twelve (12) years of age.
4 (3) "Day care" means care and supervision provided for compensation dur-
5 ing part of a twenty-four (24) hour day, for a child or children not related
6 by blood or marriage to the person or persons providing the care, in a place
7 other than the child's or children's own home or homes.
8 (4) "Day care center facility" means a home, place or facility providing
9 regularly scheduled day care for compensation for thirteen (13) periods of
10 less than twenty-four (24) hours for two (2) or more children ranging in age
11 from birth to twelve (12) years.
12 (5) "Department" means the Idaho department of health and welfare.
13 (6) "District health board" means the district health boards of the
14 respective public health districts as established in chapter 4, title 39,
15 Idaho Code.
16 (7) "District health department" means the district health departments of
17 the respective districts, created in section 39-409, Idaho Code.
18 (8) "Employee" means any person working for compensation in a facility
19 that provides day care.
20 (9) "Family day care home" means a home, place, or facility providing day
21 care for six (6) or fewer children.
22 (10) "Group day care facility" means a home, place, or facility providing
23 day care for seven (7) to twelve (12) children.
24 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 39-1103. LICENSING AUTHORITY. The department of health and welfare is
27 hereby authorized and directed to issue "basic day care licenses" as provided
28 in this chapter. The department is authorized to establish procedures for
29 issuing licenses to day care centers facilities which shall be maintained and
30 operated in conformity with the standards authorized in this chapter. Nothing
31 in this chapter shall be construed to limit or restrict the teaching of reli-
32 gious doctrines, values, or tenets in a facility licensed under the provisions
33 of this chapter. The provisions of this chapter shall not apply to:
34 (1) The occasional care of a neighbor's, relative's or friend's child or
35 children by a person not ordinarily in the business of child care;
36 (2) The operation of a private school or religious school for educational
37 purposes for children over four (4) years of age or a religious kindergarten;
38 (3) The provision of occasional care exclusively for children of parents
39 who are simultaneously in the same building;
40 (4) The operation of day camps, programs and religious schools for less
41 than twelve (l2) weeks during a calendar year or not more often than once a
42 week; or
43 (5) The provision of care for children of only one (1) immediate family
44 in addition to the person's own children.
45 SECTION 4. That Section 39-1104, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 39-1104. APPLICATION FOR LICENSE -- FIRE SAFETY AND HEALTH INSPECTIONS.
48 (1) Application. A person who wishes to operate a day care center facility
49 shall submit an application, on the forms provided by the department, and
50 shall obtain the required certificates of inspection as provided herein.
51 (2) Inspections. A person who wishes to operate a day care center facil-
3
1 ity shall submit: (a) a certificate of a fire inspection of the proposed cen-
2 ter facility, conducted by a fire department or fire district official, estab-
3 lishing compliance with the minimum standards specified in section 39-1109,
4 Idaho Code; and (b) a health inspection of the proposed center facility con-
5 ducted by the district health department, establishing compliance with the
6 minimum standards specified in section 39-1110, Idaho Code.
7 (3) Continued compliance and reinspection. Day care centers facilities
8 shall at all times maintain compliance with the fire safety and health
9 requirements identified in this chapter. The department may cause any day care
10 center facility to be reinspected during the term of a license for fire safety
11 and health compliance as determined necessary. No charge for any reinspection
12 after the initial inspection in any license period shall be made to the day
13 care center facility.
14 SECTION 5. That Section 39-1105, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
17 criminal history check on the owners, operators and employees of a day care
18 center facility who have direct contact with children, and on all volunteers
19 and other individuals twelve (12) years of age or older who have unsupervised
20 direct contact with children in a day care center facility. The criminal his-
21 tory check shall include the following for all persons subject to the provi-
22 sions of this section who are eighteen (18) years of age or older:
23 (a) Statewide criminal identification bureau;
24 (b) Federal bureau of investigation (FBI) criminal history;
25 (c) National crime information center; and
26 (d) Statewide child abuse register.
27 (2) Criminal history checks on those persons under eighteen (18) years of
28 age shall include a check of the juvenile justice records of adjudications of
29 the magistrate division of the district court, county probation services and
30 department of health and welfare records as authorized by the minor and his
31 parent or guardian.
32 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
33 provide for exemption from the provisions of this chapter, any person who
34 owns, operates or is employed by a private school for educational purposes for
35 children four (4) through six (6) years of age or a private kindergarten shall
36 comply with the provisions of this section.
37 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica-
40 tion, inspection certificates and the criminal history, the department shall,
41 upon a finding of compliance, issue a basic day care license to the applicant
42 based upon the applicant's facility size. The department shall issue the
43 license for a specific number of children dependent on:
44 (a) The department's or health district's evaluation of the facility's
45 premises and physical accommodations; and
46 (b) The ages and characteristics of the children served.
47 The department may issue the applicant a license to care for fewer children
48 than the facility's maximum capacity as determined appropriate by the local
49 fire or health districts. The license shall be valid for two (2) years and
50 shall be posted in a conspicuous place at the day care center facility.
51 (2) After the criminal history check has been completed for any person,
4
1 it shall not be necessary to repeat the check for renewal of a license. The
2 department may, however, require the applicant for renewal of a license to
3 declare on a form provided by the department that the applicant is in compli-
4 ance with the original standards and conditions required for issuance of a
5 license.
6 (3) The department shall maintain a list of all licensees for public use.
7 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-1107. FEES. (1) The board shall establish by rule the maximum total
10 fee to be assessed for a basic day care license which, for family day care
11 home and group day care facility licensure, shall not exceed one hundred dol-
12 lars ($100.00). The maximum total fee to be assessed for a basic day care
13 license for day care facilities shall not exceed one hundred sixty dollars
14 ($160). The board shall allocate the fee for fire and health inspections and
15 for the criminal history check. The board shall also establish a renewal fee
16 which shall not exceed sixty dollars ($60.00) percent (60%) of the original
17 licensing fee.
18 (2) The applicable license fee in subsection (1) of this section shall be
19 reduced by twenty-five percent (25%) for any day care facility which provides
20 evidence that at least fifty percent (50%) of its staff is certified in
21 infant/child first aid and pediatric rescue breathing.
22 SECTION 8. That Section 39-1108, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-1108. LOCAL OPTION. If a city or county, within its respective juris-
25 diction, has adopted an ordinance for regulation and/or licensing of day care
26 services, then the provisions of this chapter shall not apply with such city
27 or county unless the ordinance is subsequently repealed. To qualify for exemp-
28 tion, regulation of centers day care facilities must include a criminal his-
29 tory check at least as stringent as the check required in section 39-1105,
30 Idaho Code, compliance with fire safety standards at least as stringent as
31 required in section 39-1109, Idaho Code, compliance with health standards at
32 least as stringent as required in section 39-1110, Idaho Code, compliance with
33 immunization requirements at least as stringent as required in section
34 39-1118, Idaho Code, and compliance with training requirements at least as
35 stringent as required in section 39-1119, Idaho Code. Cities and counties are
36 hereby granted authority and may adopt ordinances for regulation and/or
37 licensing of day care services.
38 SECTION 9. That Section 39-1109, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers facilities shall
41 comply with the following fire safety standards in the area of the day care
42 center facility in which day care is provided: (a) adequate fire and smoke
43 alarms; (b) a functional telephone; (c) adequate fire extinguishers or other
44 suitable arrangements for extinguishing fires; and (d) adequate exits. Sepa-
45 rate standards in these categories shall also be developed for group day care
46 facilities.
47 (2) No fire standards developed pursuant to this chapter shall be more
48 stringent than the standards contained in the Uniform Fire Code, without sup-
49 plementation by any other standard or code.
5
1 (3) In addition to the fire safety standards identified in subsection (1)
2 of this section, fire safety standards may be established to govern the maxi-
3 mum allowable ratio of children to staff subject to the following restric-
4 tions:
5 (a) In no event shall the child-staff ratio require more than one (1)
6 staff member to six (6) children for all children age eighteen (18) months
7 or less, more than one (1) staff member to twelve (12) children for all
8 children above age eighteen (18) months but less than five (5) years; and
9 more than one (1) staff member to eighteen (18) children for all children
10 whose age is five (5) years or more; provided however, that day care
11 facilities may combine children of different age groups if the licensee
12 maintains the child-staff ratio designated for the youngest child in the
13 mixed-age group;
14 (b) No factors other than fire safety may be considered in establishing
15 child-staff ratios;
16 (c) All Only adults on the premises in direct supervision of the children
17 shall be counted as staff for purposes of computing a child-staff ratio;
18 and
19 (d) Each child shall count as one (1) child for purposes of computing a
20 child-staff ratio.
21 SECTION 10. That Section 39-1110, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 39-1110. HEALTH STANDARDS. Day care centers facilities shall comply with
24 the following health standards:
25 (1) Food for use in day care centers facilities shall be prepared and
26 served in a sanitary manner with sanitized utensils and on surfaces that have
27 been cleaned, rinsed and sanitized prior to use to prevent contamination;
28 (2) All food that is to be served in day care centers facilities shall be
29 stored in such a manner that it is protected from potential contamination;
30 (3) Diaper changing shall be conducted in such a manner as to prevent the
31 spread of communicable diseases;
32 (4) Sleeping and play areas, restrooms and fixtures shall be maintained
33 in a sanitary condition;
34 (5) Children and facility personnel shall be provided with individual or
35 disposable towels for handwashing and the handwashing area shall be equipped
36 with soap and hot and cold running water;
37 (6) The water supply, where the source is other than a public water sys-
38 tem, must be approved by the district board of health;
39 (7) Medicines, cleaning supplies and other hazardous substances must be
40 stored out of reach of children;
41 (8) A telephone or some type of emergency communication system is
42 required; and
43 (9) Representatives of the district health department shall not be denied
44 access to a day care center facility for purposes of control of communicable
45 disease.
46 SECTION 11. That Section 39-1111, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 39-1111. RULES AUTHORIZED. In order to implement the provisions of this
49 chapter, the following rule making rulemaking authority is authorized:
50 (1) The state fire marshal, in addition to other duties imposed by law,
51 is hereby authorized and directed to establish rules necessary to implement
6
1 the provisions of sections 39-1109, and 39-1114, Idaho Code;
2 (2) District health boards, in addition to other duties imposed by law,
3 are hereby authorized and directed to establish necessary health standards to
4 implement the provisions of section 39-1110, Idaho Code; and
5 (3) The board, in addition to other duties imposed by law, is hereby
6 authorized and directed to establish procedures necessary to implement the
7 provisions of this chapter including procedure for submission of required cer-
8 tificates as provided in sections 39-1109 and 39-1110, Idaho Code, and conduct
9 of the criminal history check provided in section 39-1105, Idaho Code.
10 The rule making rulemaking authority granted in this section shall be
11 limited to the specific standards and procedures required by this chapter.
12 SECTION 12. That Section 39-1114, Idaho Code, be, and the same is hereby
13 repealed.
14 SECTION 13. That Section 39-1115, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a day care
17 center facility within this state without first obtaining a basic day care
18 license from the department or to operate a day care center facility without
19 posting a basic day care license in a conspicuous place. A copy of this chap-
20 ter shall be available on the premises at all times for staff and parents to
21 read on request.
22 (2) It shall be a misdemeanor to operate a group day care facility with-
23 out obtaining the certificates required in section 39-1114, Idaho Code; pro-
24 vided, that in the event of an initial citation for violation of the provi-
25 sions of this subsection, if a person makes the applications required within
26 twenty (20) days, the complaint shall be dismissed. Operation of a group day
27 care facility after denial of the certificates required shall be a misde-
28 meanor.
29 (3) It is a misdemeanor for any person to provide day care services if
30 such person has been found guilty in this state's courts, in any other state's
31 courts, or in any federal court, of any offense listed under the provisions of
32 section 39-1113, Idaho Code.
33 SECTION 14. That Section 39-1116, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of
36 the county in which the day care center or group day care facility is located
37 to prosecute violations of the provisions of this chapter.
38 SECTION 15. That Section 39-1117, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of
41 a license or certificate pursuant to this chapter shall not constitute a rep-
42 resentation of affirmance to any person that the day care center facility to
43 which a license is issued or a group day care facility to which a certificate
44 is issued is free from risk with regard to the standards in this chapter. The
45 state and its political subdivisions or any employees or agents of the state
46 or its political subdivisions shall not be liable for nor shall a cause of
47 action exist for any loss or damage based upon the failure of any person to
48 meet the standards contained in this chapter.
7
1 SECTION 16. 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 facility, the parent or
5 guardian shall provide a statement to the operator of the day care facility
6 regarding the child's immunity to certain childhood diseases. This statement
7 shall provide a certificate signed by a physician or a representative of a
8 health district, that the child has received, or is in the process of receiv-
9 ing immunizations as specified by the board of health and welfare; or can
10 effectively demonstrate, through verification in a form approved by the
11 department of health and welfare, immunity gained through prior contraction of
12 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 facilities, pursuant to the provisions of
19 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 facility a certificate signed by a physician licensed
22 by the state board of medicine stating that the physical condition of the
23 child is such that all or any of the required immunizations would endanger the
24 life or health of the child shall be exempt from the provisions of this sec-
25 tion. Any minor child whose parent or guardian has submitted a signed state-
26 ment to officials of the day care facility stating their objections on reli-
27 gious or other grounds shall be exempt from the provisions of this section.
28 SECTION 17. That Section 39-1119, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care cen-
31 ter facility shall ensure that each employee receives four (4) hours of ongo-
32 ing training, in addition to the required first aid and rescue breathing
33 training, every twelve (12) months after the employee's hire date. Day care
34 facilities shall ensure that there shall be at least one (1) adult in atten-
35 dance at all times who has current proof of training, by qualified instruc-
36 tors, in pediatric first aid and cardiopulmonary resuscitation (CPR), includ-
37 ing rescue breathing and first aid for management of choking.
STATEMENT OF PURPOSE
RS 10888
The proposed changes to Idaho Code Section 39 dealing
specifically with day care services are necessary to safeguard
the public health and safety in day care facilities. The current
code does not provide an adequate statewide system that will
ensure the safety of Idaho s youngest citizens. The definition
of day care facility was added to section 39-1102 which
identifies individuals that provide child care services for
compensation to the general public. The ensuing changes to
Section 39 of the Idaho code updates the language of the current
statute to reflect the addition of the "day care facility
definition. The changes to section 39-1106 empowers the
Department of Health and Welfare to license day care facilities
based on health and safety compliance. Section 39-1107 increases
the license fees that the Department of Health and Welfare
charges for day care facilities. Additions to section 39-1109
regarding fire safety standards are necessary, as the current
statute does not provide a fire safety ratio for mixed age
groups. Training for first aid and pediatric rescue breathing is
added to section 39-1119 to ensure that day care providers will
be adequately trained to respond to the health and safety needs
of the children in their care.
FISCAL IMPACT
The fiscal impact to the general fund will be minimal. The
increase in license fees will offset additional costs that may
arise through the licensing process.
Contact
Name: Rep. Tom Trail
Phone: 332 1202
STATEMENT OF PURPOSE/FISCAL NOTE H 12