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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
H0560|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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 forsixfour (64) or fewer children. 39 (10) "Group day care facility" means a home, place, or facility providing 40 day care forsevenfive (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, 12andshall 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 receivesfoureight (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 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