2006 Legislation
Print Friendly

HOUSE BILL NO. 612 – Day care program, law revisions

HOUSE BILL NO. 612

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN 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  in  day
 43    care  centers  daycare  programs. This system is intended to establish minimum
                                                                        
                                           2
                                                                        
  1    standards, while still  leaving  primary  responsibility  for  evaluation  and
  2    selection  of  day  care  daycare 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 than twelve (12) thirteen (13)  years  of
 10    age.
 11        (3)  "Day  care Daycare" 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  care  Daycare  center"  means a place or facility providing day
 16    care daycare for compensation for thirteen (13) or more children in 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 provides day care daycare.
 29        (910) "Family day care daycare home" or "group daycare facility"  means  a
 30    home,  place,  or  facility  providing  day care for six (6) or fewer children
 31    daycare services in a homelike environment.
 32        (10)  "Group day care facility" means a home, place, or facility providing
 33    day 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 "basic day care daycare  licenses"  as
 38    provided in this chapter. The department is authorized to establish procedures
 39    for issuing licenses to day care centers daycare 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 a day care center daycare 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 a day care center daycare
 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 centers Daycare 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 any day care
 22    center daycare 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    the day care center daycare 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 a day care
 30    center daycare program who have direct contact with children, and on all  vol-
 31    unteers  and other individuals twelve (12) thirteen (13) years of age or older
 32    who have unsupervised direct contact  with  children  in  a  day  care  center
 33    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 basic day care daycare license to the
 15    applicant. The license shall be valid for two (2) years and shall be posted in
 16    a conspicuous place at the day care center daycare 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 basic day care daycare 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 exceed sixty ninety dollars
 31    ($690.00).
 32        (2)  The applicable license fee in subsection (1) of this section shall be
 33    reduced  by twenty-five percent (25%) for any day care facility which provides
 34    evidence that at least fifty percent  (50%)  of  its  staff  is  certified  in
 35    infant/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  centers  Daycare  programs
 39    shall  comply  with the following fire safety standards in the area of the day
 40    care center daycare program in which day care daycare 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  be
 45    developed 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 adults Only 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; and
 15        (d)  Each child on the premises shall be counted as one (1) child for 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 centers Daycare programs shall comply
 35    with the following health standards:
 36        (1)  Food for use in day care centers daycare 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 in day care  centers  daycare  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  telephone  or  some  type  of  emergency  communication  system is
                                                                        
                                           6
                                                                        
  1    required; and
  2        (9)  Representatives of the district health department shall not be denied
  3    access to a day care center daycare 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 following rule making rulemaking 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 sections 39-1109, 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        The rule making rulemaking 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 affected day
 32    care center daycare 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 a day care
 39    center  daycare  program within this state without first obtaining a basic day
 40    care daycare license from the department or  to  operate  a  day  care  center
 41    daycare program without posting a basic day care daycare 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-
 45    out  obtaining  the certificates required in section 39-1114, Idaho Code; pro-
 46    vided, that in the event of an initial citation for violation  of  the  provi-
 47    sions  of  this subsection, if a person makes the applications required within
 48    twenty (20) days, the complaint shall be dismissed. Operation of a  group  day
 49    care facility after denial of the certificates required shall be a misdemeanor
 50    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 provide day care  daycare  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  the day care center or group day care facility daycare
  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 the day care center daycare  pro-
 15    gram to which a license is issued or a group day care facility to which a cer-
 16    tificate  is  issued  is  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 licensed day care facility daycare  program,
 25    the  parent  or  guardian shall provide a statement to the operator of the day
 26    care facility daycare 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 rules and  regulations  for
 37    the  enforcement  of  the  required immunization program and specify reporting
 38    requirements of day care centers daycare 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 licensed day care facility daycare 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 the day care facility daycare 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 a day care cen-
  4    ter daycare program shall ensure that each employee receives  four  (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 / Fiscal Impact



                         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