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H0612.................................................by HEALTH AND WELFARE DAYCARE PROGRAMS - Amends and repeals existing law relating to daycare programs to revise definitions; to provide for correct terminology; to revise age requirements for a person submitting an application to operate a daycare program; to require criminal background checks for specified individuals; to require registered sex offender disclosures; to prohibit immediate family members who are registered sex offenders from being on the premises while children participating in a daycare program are present; to revise license fees and to remove a fee reduction provision; to remove a separate standards requirement; to provide that only staff providing direct supervision to children be counted in computing child to staff ratios; to provide for child to staff ratios; to require that specified areas be maintained in a safe condition; to revise and add to daycare program health standards; to permit the Department of Health and Welfare to deny, suspend or revoke a license upon findings of illegal activity, activity detrimental to the public health, safety or welfare, or activity that threatens the health or safety of a child enrolled in the program; to add to the specified crimes precluding eligibility for a license; to provide for a grace period to come into compliance with licensure requirements; to revise training hour requirements; and to require additional specified training. 02/09 House intro - 1st rdg - to printing 02/10 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 612 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO DAYCARE PROGRAMS; AMENDING SECTION 39-1101, IDAHO CODE, TO PROVIDE 3 CORRECT TERMINOLOGY; AMENDING SECTION 39-1102, IDAHO CODE, TO DEFINE TERMS 4 AND TO REVISE DEFINITIONS; AMENDING SECTION 39-1103, IDAHO CODE, TO PRO- 5 VIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1104, IDAHO CODE, TO REVISE 6 THE AGE REQUIREMENT FOR A PERSON SUBMITTING AN APPLICATION TO OPERATE A 7 DAYCARE PROGRAM AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 8 39-1105, IDAHO CODE, TO REQUIRE CRIMINAL HISTORY BACKGROUND CHECKS FOR 9 SPECIFIED INDIVIDUALS, TO REQUIRE REGISTERED SEX OFFENDER DISCLOSURES, TO 10 PROHIBIT IMMEDIATE FAMILY MEMBERS WHO ARE REGISTERED SEX OFFENDERS FROM 11 BEING ON THE PREMISES WHILE CHILDREN PARTICIPATING IN A DAYCARE PROGRAM 12 ARE PRESENT AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1106, 13 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1107, 14 IDAHO CODE, TO REVISE LICENSE FEES, TO REMOVE A FEE REDUCTION PROVISION 15 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-1109, IDAHO CODE, 16 TO PROVIDE A REQUIREMENT FOR A TELEPHONE TO BE LOCATED ON THE PREMISES, TO 17 REMOVE A SEPARATE STANDARDS REQUIREMENT, TO PROVIDE THAT ONLY STAFF PRO- 18 VIDING DIRECT SUPERVISION TO CHILDREN BE COUNTED IN COMPUTING CHILD TO 19 STAFF RATIOS, TO PROVIDE FOR CHILD TO STAFF RATIOS AND TO PROVIDE CORRECT 20 TERMINOLOGY; AMENDING SECTION 39-1110, IDAHO CODE, TO REQUIRE THAT SPECI- 21 FIED AREAS BE MAINTAINED IN A SAFE CONDITION, TO DELETE REFERENCE TO EMER- 22 GENCY COMMUNICATION SYSTEM, TO REVISE AND ADD TO DAYCARE PROGRAM HEALTH 23 STANDARDS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1111, 24 IDAHO CODE, TO DELETE A CODE REFERENCE; AMENDING SECTION 39-1113, IDAHO 25 CODE, TO PERMIT THE DEPARTMENT OF HEALTH AND WELFARE TO DENY, SUSPEND OR 26 REVOKE A LICENSE UPON FINDINGS OF ILLEGAL ACTIVITY, ACTIVITY DETRIMENTAL 27 TO THE PUBLIC HEALTH, SAFETY OR WELFARE, OR ACTIVITY THAT THREATENS THE 28 HEALTH OR SAFETY OF A CHILD ENROLLED IN THE PROGRAM, TO ADD TO THE SPECI- 29 FIED CRIMES PRECLUDING ELIGIBILITY FOR A LICENSE AND TO PROVIDE CORRECT 30 TERMINOLOGY; REPEALING SECTION 39-1114, IDAHO CODE, RELATING TO EXCEPTION 31 TO LICENSURE; AMENDING SECTION 39-1115, IDAHO CODE, TO PROVIDE FOR A GRACE 32 PERIOD TO COME INTO COMPLIANCE WITH LICENSURE REQUIREMENTS AND TO PROVIDE 33 CORRECT TERMINOLOGY; AMENDING SECTIONS 39-1116 AND 39-1117, IDAHO CODE, TO 34 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1118, IDAHO CODE, TO PRO- 35 VIDE CORRECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING 36 SECTION 39-1119, IDAHO CODE, TO REVISE TRAINING HOUR REQUIREMENTS, TO 37 REQUIRE ADDITIONAL SPECIFIED TRAINING AND TO PROVIDE CORRECT TERMINOLOGY. 38 Be It Enacted by the Legislature of the State of Idaho: 39 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 39-1101. POLICY. It is hereby declared to be the policy of this state to 42 establish a minimum statewide system for the protection of children inday43care centersdaycare programs. This system is intended to establish minimum 2 1 standards, while still leaving primary responsibility for evaluation and 2 selection ofday caredaycare services with parents. The minimum standards 3 established by this chapter shall not be construed as preempting more strin- 4 gent regulation by county or city ordinance. 5 SECTION 2. That Section 39-1102, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 39-1102. DEFINITIONS. As used in this chapter: 8 (1) "Board" means the Idaho board of health and welfare. 9 (2) "Child" means a person less thantwelve (12)thirteen (13) years of 10 age. 11 (3) "Day careDaycare" means care and supervision provided for compensa- 12 tion during part of a twenty-four (24) hour day, for a child or children not 13 related by blood or marriage to the person or persons providing the care, in a 14 place other than the child's or children's own home or homes. 15 (4) "Day careDaycare center" means a place or facility providingday16caredaycare for compensationfor thirteen (13) or more childrenin a nonresi- 17 dential place or facility. 18 (5) "Daycare program" means a family daycare home, group daycare facil- 19 ity, daycare center, place or facility providing daycare services for compen- 20 sation to two (2) or more children not related to the provider. 21 (6) "Department" means the Idaho department of health and welfare. 22 (67) "District health board" means the district health boards of the 23 respective public health districts as established in chapter 4, title 39, 24 Idaho Code. 25 (78) "District health department" means the district health departments 26 of the respective districts, created in section 39-409, Idaho Code. 27 (89) "Employee" means any person working for compensation in a facility 28 that providesday caredaycare. 29 (910) "Familyday caredaycare home" or "group daycare facility" means a 30 home, place, or facility providingday care for six (6) or fewer children31 daycare services in a homelike environment. 32(10) "Group day care facility" means a home, place, or facility providing33day care for seven (7) to twelve (12) children.34 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 39-1103. LICENSING AUTHORITY. The department of health and welfare is 37 hereby authorized and directed to issue "basicday caredaycare licenses" as 38 provided in this chapter. The department is authorized to establish procedures 39 for issuing licenses today care centersdaycare programs which shall be main- 40 tained and operated in conformity with the standards authorized in this chap- 41 ter. Nothing in this chapter shall be construed to limit or restrict the 42 teaching of religious doctrines, values, or tenets in a facility licensed 43 under the provisions of this chapter. The provisions of this chapter shall not 44 apply to: 45 (1) The occasional care of a neighbor's, relative's or friend's child or 46 children by a person not ordinarily in the business of child care; 47 (2) The operation of a private school or religious school for educational 48 purposes for children over four (4) years of age or a religious kindergarten; 49 (3) The provision of occasional care exclusively for children of parents 50 who are simultaneously in the same building; 51 (4) The operation of day camps, programs and religious schools for less 3 1 than twelve (l2) weeks during a calendar year or not more often than once a 2 week; or 3 (5) The provision of care for children of only one (1) immediate family 4 in addition to the person's own children. 5 SECTION 4. That Section 39-1104, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 39-1104. APPLICATION FOR LICENSE -- FIRE SAFETY AND HEALTH INSPECTIONS. 8 (1) Application. A person who wishes to operate aday care centerdaycare pro- 9 gram shall be a minimum of eighteen (18) years of age, submit an application, 10 on the forms provided by the department, and shall obtain the required certif- 11 icates of inspection as provided herein. 12 (2) Inspections. A person who wishes to operate aday care centerdaycare 13 program shall submit: (a) a certificate of a fire inspection of the proposed 14 center, conducted by a fire department or fire district official, establishing 15 compliance with the minimum standards specified in section 39-1109, Idaho 16 Code; and (b) a health inspection of the proposed center conducted by the dis- 17 trict health department, establishing compliance with the minimum standards 18 specified in section 39-1110, Idaho Code. 19 (3) Continued compliance and reinspection.Day care centersDaycare pro- 20 grams shall at all times maintain compliance with the fire safety and health 21 requirements identified in this chapter. The department may cause anyday care22centerdaycare program to be reinspected during the term of a license for fire 23 safety and health compliance as determined necessary. No charge for any rein- 24 spection after the initial inspection in any license period shall be made to 25 theday care centerdaycare program. 26 SECTION 5. That Section 39-1105, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a 29 criminal history check on the owners, operators and employees of aday care30centerdaycare program who have direct contact with children, and on all vol- 31 unteers and other individualstwelve (12)thirteen (13) years of age or older 32 who have unsupervised direct contact with children in aday care center33 daycare program or who reside at a daycare program or are regularly on the 34 premises of a daycare program. This includes individuals who may reasonably be 35 expected to have unsupervised contact with children, but do not provide direct 36 care, such as janitorial staff, lunchroom staff, clergy and immediate family 37 members of the licensee. The criminal history check shall include the follow- 38 ing for all persons subject to the provisions of this section who are eighteen 39 (18) years of age or older: 40 (a) Statewide criminal identification bureau; 41 (b) Federal bureau of investigation (FBI) criminal history; 42 (c) National crime information center; and 43 (d) Statewide child abuse register. 44 (2) Criminal history checks on those persons under eighteen (18) years of 45 age shall include a check of the juvenile justice records of adjudications of 46 the magistrate division of the district court, county probation services and 47 department of health and welfare records as authorized by the minor and his 48 parent or guardian. 49 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which 50 provide for exemption from the provisions of this chapter, any person who 51 owns, operates or is employed by a private school for educational purposes for 4 1 children four (4) through six (6) years of age or a private kindergarten shall 2 comply with the provisions of this section. 3 (4) A person required by this section to undergo a criminal history back- 4 ground check, who has an immediate family member who is a registered sex 5 offender or becomes so registered and who may reasonably be expected to be on 6 the premises at any time, must disclose this information in writing, including 7 a photograph of the registered sex offender, to all employees, parents and the 8 licensing agency. No such registered sex offender shall be on the premises 9 while any child participating in a daycare program is on the premises. 10 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica- 13 tion, inspection certificates and the criminal history, the department shall, 14 upon a finding of compliance, issue a basicday caredaycare license to the 15 applicant. The license shall be valid for two (2) years and shall be posted in 16 a conspicuous place at theday care centerdaycare program. 17 (2) After the criminal history check has been completed for any person, 18 it shall not be necessary to repeat the check for renewal of a license. The 19 department may, however, require the applicant for renewal of a license to 20 declare on a form provided by the department that the applicant is in compli- 21 ance with the original standards and conditions required for issuance of a 22 license. 23 (3) The department shall maintain a list of all licensees for public use. 24 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 39-1107. FEES.(1)The board shall establish by rule the maximum total 27 fee to be assessed for a basicday caredaycare license which shall not exceed 28 one hundred fifty dollars ($1050.00). The board shall allocate the fee for 29 fire and health inspections and for the criminal history check. The board 30 shall also establish a renewal fee which shall not exceedsixtyninety dollars 31 ($690.00). 32(2) The applicable license fee in subsection (1) of this section shall be33reduced by twenty-five percent (25%) for any day care facility which provides34evidence that at least fifty percent (50%) of its staff is certified in35infant/child first aid and pediatric rescue breathing.36 SECTION 8. That Section 39-1109, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 39-1109. FIRE SAFETY STANDARDS. (1)Day care centersDaycare programs 39 shall comply with the following fire safety standards in the area of theday40care centerdaycare program in whichday caredaycare is provided: (a) ade- 41 quate fire and smoke alarms; (b) a functional telephone located on the 42 daycare program premises during the hours of operation; (c) adequate fire 43 extinguishers or other suitable arrangements for extinguishing fires; and 44 (d) adequate exits.Separate standards in these categories shall also be45developed for group day care facilities.46 (2) No fire standards developed pursuant to this chapter shall be more 47 stringent than the standards contained in the International Fire Code, without 48 supplementation by any other standard or code. 49 (3) In addition to the fire safety standards identified in subsection (1) 5 1 of this section, fire safety standards may be established to govern the maxi- 2 mum allowable ratio of children to staff subject to the following restric- 3 tions: 4 (a) In no event shall the child-staff ratio require more than one (1) 5 staff member to six (6) children for all children age eighteen (18) months 6 or less, more than one (1) staff member to twelve (12) children for all 7 children above age eighteen (18) months but less than five (5) years; and 8 more than one (1) staff member to eighteen (18) children for all children 9 whose age is five (5) years or more; 10 (b) No factors other than fire safety may be considered in establishing 11 child-staff ratios; 12 (c)All adultsOnly staff on the premises providing direct supervision to 13 the children shall be counted as staff for purposes of computing a child- 14 staff ratio;and15 (d) Each child on the premises shall be countedas one (1) childfor pur- 16 poses of computing a child-staff ratio; and 17 (e) Daycare programs that provide care to a mixed age group of children 18 shall have a maximum allowable child-staff ratio based on the age of the 19 children in attendance. If a child under the age of twenty-four (24) 20 months is in attendance, then the maximum group size is ten (10) children 21 or ten (10) points, whichever is reached first, as determined by the fol- 22 lowing formula: 23 (i) A child under the age of twenty-four (24) months equals two (2) 24 points; 25 (ii) A child the age of twenty-five (25) months to four (4) years 26 equals one (1) point; and 27 (iii) A child the age of four (4) years or older equals one half 28 (1/2) point. 29 If all of the children in attendance are over the age of twenty-four (24) 30 months, then the maximum mixed age group ratio shall be one (1) staff member 31 to twelve (12) children. 32 SECTION 9. That Section 39-1110, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 39-1110. HEALTH STANDARDS.Day care centersDaycare programs shall comply 35 with the following health standards: 36 (1) Food for use inday care centersdaycare programs shall be prepared 37 and served in a sanitary manner with sanitized utensils and on surfaces that 38 have been cleaned, rinsed and sanitized prior to use to prevent contamination; 39 (2) All food that is to be served inday care centersdaycare programs 40 shall be stored in such a manner that it is protected from potential contami- 41 nation; 42 (3) Diaper changing shall be conducted in such a manner as to prevent the 43 spread of communicable diseases; 44 (4) Sleeping and play areas, restrooms and fixtures shall be maintained 45 in a safe, sanitary condition; 46 (5) Children and facility personnel shall be provided with individual or 47 disposable towels for handwashing and the handwashing area shall be equipped 48 with soap and hot and cold running water; 49 (6) The water supply, where the source is other than a public water sys- 50 tem, must be approved by the district board of health; 51 (7) Medicines, cleaning supplies and other hazardous substances must be 52 stored out of reach of children; 53 (8) A telephoneor some type of emergency communication systemis 6 1 required;and2 (9) Representatives of the district health department shall not be denied 3 access to aday care centerdaycare program during hours of operation for pur- 4 poses of control of communicable diseases; 5 (10) Smoking or alcohol consumption is prohibited on the premises of a 6 daycare program during the period of the program's hours of operation; and 7 (11) Firearms or weapons are not permitted on daycare program premises. 8 Firearms or weapons on the premises of family daycare homes and group daycare 9 facilities must be stored, unloaded, in a locked storage cabinet that is inac- 10 cessible to children. 11 SECTION 10. That Section 39-1111, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-1111. RULES AUTHORIZED. In order to implement the provisions of this 14 chapter, the followingrule makingrulemaking authority is authorized: 15 (1) The state fire marshal, in addition to other duties imposed by law, 16 is hereby authorized and directed to establish rules necessary to implement 17 the provisions of sections39-1109,and 39-1114,Idaho Code; 18 (2) District health boards, in addition to other duties imposed by law, 19 are hereby authorized and directed to establish necessary health standards to 20 implement the provisions of section 39-1110, Idaho Code; and 21 (3) The board, in addition to other duties imposed by law, is hereby 22 authorized and directed to establish procedures necessary to implement the 23 provisions of this chapter including procedure for submission of required cer- 24 tificates as provided in sections 39-1109 and 39-1110, Idaho Code, and conduct 25 of the criminal history check provided in section 39-1105, Idaho Code. 26 Therule makingrulemaking authority granted in this section shall be lim- 27 ited to the specific standards and procedures required by this chapter. 28 SECTION 11. That Section 39-1113, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 39-1113. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. (1) A license may 31 be denied, suspended or revoked by the department if the department finds that 32 the applicant or licensee does not comply with the provisions of this chapter. 33 (2) A license may be denied, suspended or revoked by the department if 34 the department finds that illegal activity has occurred on the daycare program 35 premises. 36 (3) A license may be denied, suspended or revoked by the department if 37 the department finds that the activity, use or privilege authorized under the 38 license is being or has been exercised so as to be detrimental to the public 39 health, safety and welfare. A license may be suspended upon substantiated com- 40 plaint that the health or safety of a child is threatened due to the child's 41 enrollment in the daycare program. 42 (24) No person who has been found guilty of or received a withheld judg- 43 ment for any offense involving neglect or any physical injury to, or other 44 abuse of a child including the following offenses or a similar provision in 45 another jurisdiction, shall be eligible for a license under the provisions of 46 this chapter: 47 (a) Injuring a child, section 18-1501, Idaho Code. 48 (b) The sexual abuse of a child under sixteen (16) years of age, section 49 18-1506, Idaho Code. 50 (c) The ritualized abuse of a child under eighteen (18) years of age, 51 section 18-1506A, Idaho Code. 7 1 (d) The sexual exploitation of a child, section 18-1507 or 18-1507A, 2 Idaho Code. 3 (e) Lewd conduct with a child under the age of sixteen (16) years, sec- 4 tion 18-1508, Idaho Code. 5 (f) The sale or barter of a child for adoption or other purposes, section 6 18-1511, Idaho Code. 7 (g) Murder, section 18-4001 or 18-4003, Idaho Code. 8 (h) Voluntary manslaughter, section 18-4006, Idaho Code. 9 (i) Rape, section 18-6101 or 18-6108, Idaho Code. 10 (j) Incest, section 18-6602, Idaho Code. 11 (k) Forcible sexual penetration by use of foreign object, section 12 18-6608, Idaho Code. 13 (l) Abuse, neglect or exploitation of a vulnerable adult, section 14 18-1505, Idaho Code. 15 (m) Aggravated, first degree and second degree arson, sections 18-801 16 through 18-805, Idaho Code. 17 (n) Crimes against nature, section 18-6605, Idaho Code. 18 (o) Kidnapping, sections 18-4501 through 18-4503, Idaho Code. 19 (p) Mayhem, section 18-5001, Idaho Code. 20 (q) Poisoning, sections 18-4014 and 18-5501, Idaho Code. 21 (r) Possession of sexually exploitative material, section 18-1507A, Idaho 22 Code. 23 (s) Robbery, section 18-6501, Idaho Code. 24 (t) Felony stalking, section 18-7905, Idaho Code. 25 (u) Any felony punishable by death or life imprisonment. 26 (v) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701, 27 Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to 28 commit any of the crimes designated in paragraphs (a) thorough (u) of this 29 subsection. 30 (35) The denial, suspension or revocation of a license under this chapter 31 may be appealed to the district court of the county in which the affectedday32care centerdaycare program is located and the appeal shall be heard de novo 33 in the district court. 34 SECTION 12. That Section 39-1114, Idaho Code, be, and the same is hereby 35 repealed. 36 SECTION 13. That Section 39-1115, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate aday care39centerdaycare program within this state without first obtaining a basicday40caredaycare license from the department or to operate aday care center41 daycare program without posting a basicday caredaycare license in a conspic- 42 uous place. A copy of this chapter shall be available on the premises at all 43 times for staff and parents to read on request. 44 (2)It shall be a misdemeanor to operate a group day care facility with-45out obtaining the certificates required in section 39-1114, Idaho Code; pro-46vided, that in the event of an initial citation for violation of the provi-47sions of this subsection, if a person makes the applications required within48twenty (20) days, the complaint shall be dismissed. Operation of a group day49care facility after denial of the certificates required shall be a misdemeanor50 If a daycare program is found to be operating without a license, the licensing 51 agency may grant a grace period of no more than thirty (30) days to allow for 52 the program to come into compliance with the provisions of this chapter. 8 1 (3) It is a misdemeanor for any person to provideday caredaycare ser- 2 vices if such person has been found guilty in this state's courts, in any 3 other state's courts, or in any federal court, of any offense listed under the 4 provisions of section 39-1113, Idaho Code. 5 SECTION 14. That Section 39-1116, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of 8 the county in which theday care center or group day care facilitydaycare 9 program is located to prosecute violations of the provisions of this chapter. 10 SECTION 15. That Section 39-1117, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of 13 a license or certificate pursuant to this chapter shall not constitute a rep- 14 resentation of affirmance to any person that theday care centerdaycare pro- 15 gram to which a license is issuedor a group day care facility to which a cer-16tificate is issuedis free from risk with regard to the standards in this 17 chapter. The state and its political subdivisions or any employees or agents 18 of the state or its political subdivisions shall not be liable for nor shall a 19 cause of action exist for any loss or damage based upon the failure of any 20 person to meet the standards contained in this chapter. 21 SECTION 16. That Section 39-1118, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a 24 child's initial attendance at any licensedday care facilitydaycare program, 25 the parent or guardian shall provide a statement to the operator of theday26care facilitydaycare program regarding the child's immunity to certain child- 27 hood diseases. This statement shall provide a certificate signed by a physi- 28 cian or a representative of a health district, that the child has received, or 29 is in the process of receiving immunizations as specified by the board of 30 health and welfare; or can effectively demonstrate, through verification in a 31 form approved by the department of health and welfare, immunity gained through 32 prior contraction of the disease. 33 Immunizations required and the manner and frequency of their administra- 34 tion shall be as prescribed by the state board of health and welfare and shall 35 conform to recognized standard medical practices in the state. The state board 36 of health and welfare shall promulgate appropriate rulesand regulationsfor 37 the enforcement of the required immunization program and specify reporting 38 requirements ofday care centersdaycare programs, pursuant to the provisions 39 of chapter 52, title 67, Idaho Code. 40 (2) Any minor child whose parent or guardian has submitted to officials 41 of a licensedday care facilitydaycare program a certificate signed by a phy- 42 sician licensed by the state board of medicine stating that the physical con- 43 dition of the child is such that all or any of the required immunizations 44 would endanger the life or health of the child shall be exempt from the provi- 45 sions of this section. Any minor child whose parent or guardian has submitted 46 a signed statement to officials of theday care facilitydaycare program stat- 47 ing their objections on religious or other grounds shall be exempt from the 48 provisions of this section. 9 1 SECTION 17. 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 aday care cen-4terdaycare program shall ensure that each employee receivesfour (4)eight 5 (8) hours of ongoing child development and/or health and safety training every 6 twelve (12) months after the employee's hire date. The owner or operator of a 7 daycare program shall ensure that each employee or volunteer who has 8 unsupervised direct contact with children shall be certified in pediatric res- 9 cue breathing and first aid.
STATEMENT OF PURPOSE RS 15944 This legislation amends Title 39 Chapter 11 of Idaho Code to revise and extend the state's licensing requirements for child care providers. The current code provides for minimum health and safety standards for centers with 13 or more children, but does not provide any regulation for those providing care for six or fewer children and very minimal regulation for those providing care for seven to twelve children. This legislation would extend licensing requirements to all providers who provide care for compensation to two or more children, current exemptions excepted. Basic requirements would include health and safety inspections, fire inspections, criminal history background checks and infant CPR and first aid training. It establishes new staff-child ratios and brings current code into consistency with existing administrative practices and rules. FISCAL NOTE It is expected that there will be a minimal fiscal impact of $89,700 to the state general fund. Fees for licensing will be increased and this will cover most of the anticipated increase in the cost to the state. Contact Name: Rep George Sayler Rep Max Black Rep Eric Anderson Sen Joyce Broadsword Sen Mike Burkett Phone: 332-1233 STATEMENT OF PURPOSE/FISCAL NOTE H 612