Print Friendly HOUSE BILL NO. 560 – Day care, group, health/safety
HOUSE BILL NO. 560
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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
|||| 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:
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
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-
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
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
Contact: Rep. Jeff Alltus (208) 332-1000
Cathy Kowalski (208) 665-0630
DeAnn Johnson (208) 451-0103
STATEMENT OF PURPOSE/FISCAL NOTE H 560