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H0250..........................................................by EDUCATION
DAY CARE REQUIREMENTS - Amends and repeals existing law relating to basic
day care licensure to revise definitions; to increase the minimum age of
persons requiring a criminal history check; to specify a maximum fee for
licensure; to govern standards for fire safety; to delete reference to
group day care facilities; and to require pediatric rescue breathing and
first aid certification of persons specified.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 250
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO BASIC DAY CARE LICENSURE; AMENDING SECTION 39-1102, IDAHO CODE, TO
3 REVISE DEFINITIONS; AMENDING SECTION 39-1105, IDAHO CODE, TO INCREASE THE
4 MINIMUM AGE OF PERSONS REQUIRING A CRIMINAL HISTORY CHECK; AMENDING SEC-
5 TION 39-1107, IDAHO CODE, TO SPECIFY A MAXIMUM FEE FOR LICENSURE; AMENDING
6 SECTION 39-1109, IDAHO CODE, TO GOVERN STANDARDS FOR FIRE SAFETY; REPEAL-
7 ING SECTION 39-1114, IDAHO CODE; AMENDING SECTION 39-1115, IDAHO CODE, TO
8 STRIKE REFERENCE TO GROUP DAY CARE FACILITIES; AMENDING SECTION 39-1116,
9 IDAHO CODE, TO STRIKE REFERENCE TO GROUP DAY CARE FACILITIES; AMENDING
10 SECTION 39-1117, IDAHO CODE, TO STRIKE REFERENCE TO DAY CARE FACILITIES;
11 AMENDING SECTION 39-1119, IDAHO CODE, TO REQUIRE PEDIATRIC RESCUE BREATH-
12 ING AND FIRST AID CERTIFICATION OF PERSONS SPECIFIED; AMENDING SECTION
13 39-1111, IDAHO CODE, TO STRIKE AN OBSOLETE REFERENCE AND TO MAKE TECHNICAL
14 CORRECTIONS; AND AMENDING SECTION 33-1501, IDAHO CODE, TO STRIKE AN OBSO-
15 LETE REFERENCE.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 39-1102, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-1102. DEFINITIONS. As used in this chapter:
20 (1) "Board" means the Idaho board of health and welfare.
21 (2) "Child" means a person less than twelve (12) years of age.
22 (3) "Day care" means care and supervision provided for compensation dur-
23 ing part of a twenty-four (24) hour day, for a child or children not related
24 by blood or marriage to the person or persons providing the care, in a place
25 other than the child's or children's own home or homes.
26 (4) "Day care center" means a home, place or facility providing day care
27 services for two (2) or more unrelated children for compensation. for thirteen
28 (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 (6) or fewer children.
39 (10) "Group day care facility" means a home, place, or facility providing
40 day care for seven (7) to twelve (12) children.
41 SECTION 2. That Section 39-1105, Idaho Code, be, and the same is hereby
42 amended to read as follows:
2
1 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
2 criminal history check on the owners, operators and employees of a day care
3 center who have direct contact with children, and on all volunteers and other
4 individuals twelve thirteen (123) years of age or older who have unsupervised
5 direct contact with children in a day care center. The criminal history check
6 shall include the following for all persons subject to the provisions of this
7 section who are eighteen (18) years of age or older:
8 (a) Statewide criminal identification bureau;
9 (b) Federal bureau of investigation (FBI) criminal history;
10 (c) National crime information center; and
11 (d) Statewide child abuse register.
12 (2) Criminal history checks on those persons under eighteen (18) years of
13 age shall include a check of the juvenile justice records of adjudications of
14 the magistrate division of the district court, county probation services and
15 department of health and welfare records as authorized by the minor and his
16 parent or guardian.
17 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
18 provide for exemption from the provisions of this chapter, any person who
19 owns, operates or is employed by a private school for educational purposes for
20 children four (4) through six (6) years of age or a private kindergarten shall
21 comply with the provisions of this section.
22 SECTION 3. That Section 39-1107, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-1107. FEES. (1) The board shall establish by rule the maximum total
25 fee to be assessed for a basic day care license. which shall not exceed one
26 hundred dollars ($100.00). The board shall allocate the fee for fire and
27 health inspections and for the criminal history check. The board shall also
28 establish a renewal fee which shall not exceed sixty dollars ($60.00).
29 (2) The applicable license fee in subsection (1) of this section shall be
30 reduced by twenty-five percent (25%) for any day care facility which provides
31 evidence that at least fifty percent (50%) of its staff is certified in
32 infant/child first aid and pediatric rescue breathing The maximum fee shall
33 not exceed the actual cost of performing the fire and health inspections and
34 the criminal history check.
35 SECTION 4. That Section 39-1109, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers shall comply with
38 the following fire safety standards in the area of the day care center in
39 which day care is provided: (a) adequate fire and smoke alarms; (b) a func-
40 tional telephone; (c) adequate fire extinguishers or other suitable arrange-
41 ments for extinguishing fires; and (d) adequate exits. Separate standards in
42 these categories shall also be developed for group day care facilities.
43 (2) No fire standards developed pursuant to this chapter shall be more
44 stringent than the standards contained in the International Fire Code, without
45 supplementation by any other standard or code.
46 (3) In addition to the fire safety standards identified in subsection (1)
47 of this section, fire safety standards may be established to govern the maxi-
48 mum allowable ratio of children to staff subject to the following restric-
49 tions:
50 (a) In no event shall the child-staff ratio require more than one (1)
51 staff member to six (6) children for all children age eighteen (18) months
3
1 or less, more than one (1) staff member to twelve (12) children for all
2 children above age eighteen (18) months but less than five (5) years; and
3 more than one (1) staff member to eighteen (18) children for all children
4 whose age is five (5) years or more;
5 (b) No factors other than fire safety may be considered in establishing
6 child-staff ratios;
7 (c) All adults staff on the premises providing direct supervision to the
8 children shall be counted as staff for purposes of computing a child-staff
9 ratio; and
10 (d) Each child on the premises shall be counted as one (1) child for pur-
11 poses of computing a child-staff ratio.
12 SECTION 5. That Section 39-1114, Idaho Code, be, and the same is hereby
13 repealed.
14 SECTION 6. 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 within this state without first obtaining a basic day care license from
18 the department or to operate a day care center without posting a basic day
19 care license in a conspicuous place. A copy of this chapter shall be available
20 on the premises at all times for staff and parents to read on request.
21 (2) It shall be a misdemeanor to operate a group day care facility with-
22 out obtaining the certificates required in section 39-1114, Idaho Code; pro-
23 vided, that in the event of an initial citation for violation of the provi-
24 sions of this subsection, if a person makes the applications required within
25 twenty (20) days, the complaint shall be dismissed. Operation of a group day
26 care facility after denial of the certificates required shall be a misde-
27 meanor.
28 (3) It is a misdemeanor for any person to provide day care services if
29 such person has been found guilty in this state's courts, in any other state's
30 courts, or in any federal court, of any offense listed under the provisions of
31 section 39-1113, Idaho Code.
32 SECTION 7. That Section 39-1116, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of
35 the county in which the day care center or group day care facility is located
36 to prosecute violations of the provisions of this chapter.
37 SECTION 8. That Section 39-1117, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of
40 a license or certificate pursuant to this chapter shall not constitute a rep-
41 resentation of affirmance to any person that the day care center to which a
42 license is issued or a group day care facility to which a certificate is
43 issued is free from risk with regard to the standards in this chapter. The
44 state and its political subdivisions or any employees or agents of the state
45 or its political subdivisions shall not be liable for nor shall a cause of
46 action exist for any loss or damage based upon the failure of any person to
47 meet the standards contained in this chapter.
4
1 SECTION 9. That Section 39-1119, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care cen-
4 ter shall ensure that each employee receives four (4) hours of ongoing train-
5 ing every twelve (12) months after the employee's hire date. The owner or
6 operator of a day care center shall ensure that each employee or volunteer who
7 has unsupervised direct contact with children in a day care center be certi-
8 fied in pediatric rescue breathing and first aid.
9 SECTION 10. That Section 39-1111, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-1111. RULES AUTHORIZED. In order to implement the provisions of this
12 chapter, the following rule making rulemaking authority is authorized:
13 (1) The state fire marshal, in addition to other duties imposed by law,
14 is hereby authorized and directed to establish rules necessary to implement
15 the provisions of sections 39-1109, and 39-1114, Idaho Code;
16 (2) District health boards, in addition to other duties imposed by law,
17 are hereby authorized and directed to establish necessary health standards to
18 implement the provisions of section 39-1110, Idaho Code; and
19 (3) The board, in addition to other duties imposed by law, is hereby
20 authorized and directed to establish procedures necessary to implement the
21 provisions of this chapter including procedure for submission of required cer-
22 tificates as provided in sections 39-1109 and 39-1110, Idaho Code, and conduct
23 of the criminal history check provided in section 39-1105, Idaho Code.
24 The rule making rulemaking authority granted in this section shall be lim-
25 ited to the specific standards and procedures required by this chapter.
26 SECTION 11. That Section 33-1501, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 33-1501. TRANSPORTATION AUTHORIZED. To afford more equal opportunity for
29 public school attendance, the board of trustees of each district, including
30 specially chartered school districts, shall, where practicable, provide trans-
31 portation for the public school pupils within the district, and pupils resi-
32 dent within adjoining districts annually agreed to in writing by the districts
33 involved, under conditions and limitations herein set forth. Nonpublic school
34 students may be transported, where practicable, when the full costs for pro-
35 viding such transportation are recovered. In approving the routing of any
36 school bus, or in the maintenance and operation of all such transportation
37 equipment, or in the appointment or employment of chauffeurs, the primary
38 requirements to be observed by the board of trustees are the safety and ade-
39 quate protection of the health of the pupils. Nothing herein contained shall
40 prevent any board of trustees from denying transportation to any pupil in any
41 school bus operated by or under the authority of said board, upon good cause
42 being given, in writing, to the parents or guardian, or either of them, of
43 such pupil.
44 No board of trustees shall be required to provide transportation for any
45 pupil living less than one and one-half (1 1/2) miles from the nearest appro-
46 priate school. A board of trustees may require pupils who live less than one
47 and one-half (1 1/2) miles from the nearest established bus stop to walk or
48 provide their own transportation to such bus stop. That distance shall be
49 determined by the nearest and best route from the junction of the driveway of
50 the pupil's home and the nearest public road, to the nearest door of the
5
1 schoolhouse he attends, or to the bus stop, as the case may be. The board may
2 transport any pupil a lesser distance when in its judgment the age or health
3 or safety of the pupil warrants.
4 A day care center, family day care home, or a group day care facility, as
5 defined in section 39-1102, Idaho Code, may substitute for the student's resi-
6 dence for student transportation to and from school. School districts may not
7 transport students between child care facilities and home. Student transporta-
8 tion between a child care facility and a school will qualify for state reim-
9 bursement providing that the child care facility is one and one-half (1 1/2)
10 miles or more from the school to which the student is transported.
11 To effectuate the public policy hereby declared, the board of trustees of
12 any school district may purchase or lease, and maintain and operate school
13 buses and vans, which vans shall not have a seating capacity in excess of fif-
14 teen (15) persons; may enter into agreements or contracts for the use of a
15 charter bus or buses; may enter into contracts with individuals, firms, corpo-
16 rations or private carriers; or may make payments to parents or guardians,
17 subject to the limitations herein provided, when transportation is not fur-
18 nished by the district.
STATEMENT OF PURPOSE
RS 14911
This legislation would amend Title 39, Chapter 11 of Idaho Code
to revise and extend the State's licensing requirements for
daycare providers. It would eliminate the group home
certification as an option, and require licensure of all daycare
facilities, current exemptions excepted, that provide daycare
services on a regular basis for compensation for two or more
unrelated children. It removes the cap on the license fee and
provides that costs of fire and health inspections would be paid
by the providers. It would add first aid and pediatric rescue
breathing training as requirements for childcare providers.
FISCAL NOTE
There would be minimal fiscal impact to the state general fund.
Licensing fees paid by the provider would cover the costs of the
required inspections. The cost to the state would be some
additional clerical work to process additional licenses.
Contact
Name: Representative George Sayler, 332-1135
Phone: 332-1233
STATEMENT OF PURPOSE/FISCAL NOTE H 250