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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
HEALTH AND SAFETY
CHAPTER 12
CHILD CARE LICENSING REFORM ACT
39-1210A. Quality of care oversight — Inspections and interviews — licensing. (1) The department shall assess the quality of care of all licensed children’s residential care facilities. To assess the quality of care, the department shall:
(a) Conduct an annual unannounced inspection of each licensed residential care facility and additional inspections as warranted by substantiated complaints, serious incidents, prior deficiencies, significant operational changes, or patterns of noncompliance. The annual inspection shall include:
(i) Review of the facility’s quality assurance program required by the department, including documentation demonstrating its implementation and effectiveness in meeting residents’ individual safety needs and service plan. Accreditation reports issued by a nationally recognized accrediting organization may be accepted as evidence of compliance with this requirement; and
(ii) Review of the program description to ensure the facility’s compliance with its approved program description and its capacity to serve the specific safety needs of each child.
(b) Conduct announced and unannounced interviews and surveys with children in the facility to identify strengths and weaknesses of the program and then integrate the children’s feedback into the quality improvement and licensing review processes;
(c) Review adherence to the youth bill of rights; and
(d) Conduct other activities as it deems appropriate.
(2) As part of the licensing inspection process, the department shall conduct confidential, in-person interviews with a sample representative of current residents and facility staff selected exclusively by department personnel using an independent and objective process. Facility administrators or staff shall not participate in the selection of interviewees. The department shall document the findings of these interviews and incorporate the results into its overall compliance assessment, quality review, and any required corrective action plan.
(3) Findings from inspections and interviews by the department that reveal violations of licensing requirements, the youth bill of rights, documentation requirements, or statutory protections shall be grounds for enforcement action, including corrective plans, sanctions, or referral to the child abuse reporting hotline or law enforcement as appropriate. Additionally, upon a finding of a violation, the department shall:
(a) Complete a critical incident report;
(b) Uphold standards for interview procedures, documentation, and confidentiality;
(c) Maintain the criteria for determining inspection frequency and scope; and
(d) Maintain timelines for follow-up inspections and compliance verifications.
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