View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0163.................................................by HEALTH AND WELFARE
DAYCARE FACILITIES - Amends existing law relating to daycare facilities to
revise definitions; to provide a maximum applicant age; to require criminal
background checks; to require written and photographic disclosures; to
revise license fees; to require compliance with certain fire safety
standards; to provide a requirement for a telephone to be located on the
premises; to provide for child to staff ratios; to require compliance with
certain health standards; to provide additional crimes which preclude
eligibility for a license; to provide grounds to deny, suspend or revoke a
license; to provide criminal sanctions for operating a daycare facility
without obtaining or posting a license; to provide for a grace period for
operating a family daycare home, group daycare facility or daycare center
without a license; to provide for the duty of the county prosecuting
attorney to prosecute violations with regard to family daycare homes; to
provide no liability for the state or political subdivision in issuing
licenses to family daycare homes and group daycare facilities; and to
require training requirements for employees of family daycare homes and
group daycare facilities.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 163
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 REVISE DEFI-
4 NITIONS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1103,
5 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1104,
6 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REQUIRE AN OWNER OR OPERA-
7 TOR OF A DAYCARE FACILITY TO SUBMIT AN APPLICATION AND TO PROVIDE A MINI-
8 MUM APPLICANT AGE; AMENDING SECTION 39-1105, IDAHO CODE, TO PROVIDE COR-
9 RECT TERMINOLOGY, TO REQUIRE CRIMINAL BACKGROUND CHECKS FOR SPECIFIED
10 INDIVIDUALS ASSOCIATED WITH DAYCARE FACILITIES, TO REQUIRE SPECIFIED WRIT-
11 TEN AND PHOTOGRAPHIC DISCLOSURES AND TO PROVIDE REFERENCE TO OTHER PROVI-
12 SIONS OF IDAHO CODE; AMENDING SECTION 39-1106, IDAHO CODE, TO PROVIDE COR-
13 RECT TERMINOLOGY; AMENDING SECTION 39-1107, IDAHO CODE, TO REVISE LICENSE
14 FEES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1108, IDAHO
15 CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1109, IDAHO
16 CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REQUIRE DAYCARE FACILITIES TO
17 COMPLY WITH CERTAIN FIRE SAFETY STANDARDS, TO PROVIDE A REQUIREMENT FOR A
18 TELEPHONE TO BE LOCATED ON THE PREMISES, TO REMOVE A SEPARATE STANDARDS
19 REQUIREMENT FOR GROUP DAYCARE FACILITIES AND TO PROVIDE FOR CHILD-STAFF
20 RATIOS; AMENDING SECTION 39-1110, IDAHO CODE, TO REQUIRE DAYCARE FACILI-
21 TIES TO COMPLY WITH CERTAIN HEALTH STANDARDS, TO REVISE HEALTH STANDARDS
22 AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1113, IDAHO CODE,
23 TO PROVIDE ADDITIONAL CRIMES PRECLUDING ELIGIBILITY FOR A LICENSE, TO PRO-
24 VIDE GROUNDS WHEREBY THE DEPARTMENT OF HEALTH AND WELFARE MAY DENY, SUS-
25 PEND OR REVOKE A LICENSE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC-
26 TION 39-1114, IDAHO CODE, TO REMOVE REQUIREMENTS FOR AVAILABILITY FOR
27 INSPECTION OF FIRE INSPECTION CERTIFICATE AND CRIMINAL HISTORY CHECK, TO
28 PERMIT FIRE INSPECTION OF FAMILY DAYCARE HOMES BY THE DEPARTMENT, TO
29 REMOVE AN ELECTION FOR COMPLIANCE WITH CHAPTER PROVISIONS FOR A FAMILY
30 DAYCARE FACILITY OR A GROUP DAYCARE HOME AND TO PROVIDE CORRECT TERMINOL-
31 OGY; AMENDING SECTION 39-1115, IDAHO CODE, TO PROVIDE CRIMINAL SANCTIONS
32 FOR OWNING OR OPERATING A FAMILY DAYCARE HOME OR GROUP DAYCARE FACILITY
33 WITHOUT OBTAINING OR POSTING A LICENSE, TO REMOVE CRIMINAL SANCTION FOR
34 OPERATING A GROUP DAYCARE FACILITY WITHOUT OBTAINING A LICENSE AFTER
35 RECEIVING A CITATION, TO PROVIDE FOR A GRACE PERIOD FOR OPERATING A FAMILY
36 DAYCARE HOME, GROUP DAYCARE FACILITY OR DAYCARE CENTER WITHOUT A LICENSE
37 AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1116, IDAHO CODE,
38 TO PROVIDE FOR THE DUTY OF THE COUNTY PROSECUTING ATTORNEY TO PROSECUTE
39 VIOLATIONS WITH REGARD TO FAMILY DAYCARE HOMES AND TO PROVIDE CORRECT TER-
40 MINOLOGY; AMENDING SECTION 39-1117, IDAHO CODE, TO PROVIDE NO LIABILITY
41 FOR THE STATE OR POLITICAL SUBDIVISION IN ISSUING LICENSES TO DAYCARE
42 FACILITIES AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1118,
43 IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AND AMENDING SECTION 39-1119,
44 IDAHO CODE, TO REQUIRE TRAINING REQUIREMENTS FOR EMPLOYEES OF DAYCARE
45 FACILITIES, TO REVISE TRAINING HOUR REQUIREMENTS, TO REQUIRE ADDITIONAL
46 SPECIFIED TRAINING AND TO PROVIDE CORRECT TERMINOLOGY.
2
1 Be It Enacted by the Legislature of the State of Idaho:
2 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-1101. POLICY. It is hereby declared to be the policy of this state to
5 establish a minimum statewide system for the protection of children in day
6 care centers daycare facilities. This system is intended to establish minimum
7 standards, while still leaving primary responsibility for evaluation and
8 selection of day care daycare services with parents. The minimum standards
9 established by this chapter shall not be construed as preempting more strin-
10 gent regulation by county or city ordinance.
11 SECTION 2. That Section 39-1102, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-1102. DEFINITIONS. As used in this chapter:
14 (1) "Board" means the Idaho board of health and welfare.
15 (2) "Child" means a person less than twelve thirteen (123) years of age.
16 (3) "Day careDaycare" means care and supervision provided for compensa-
17 tion during part of a twenty-four (24) hour day, for a child or children not
18 related by blood or marriage to the person or persons providing the care, in a
19 place other than the child's or children's own home or homes.
20 (4) "Day careDaycare center" means a place or facility providing day care
21 daycare for compensation for thirteen (13) or more children.
22 (5) "Daycare facility" means a family daycare home, group daycare facil-
23 ity, daycare center, place or facility providing daycare services for compen-
24 sation to two (2) or more children not related to the provider.
25 (6) "Department" means the Idaho department of health and welfare.
26 (67) "District health board" means the district health boards of the
27 respective public health districts as established in chapter 4, title 39,
28 Idaho Code.
29 (78) "District health department" means the district health departments
30 of the respective districts, created in section 39-409, Idaho Code.
31 (89) "Employee" means any person working for compensation in a facility
32 that provides day care daycare.
33 (910) "Family day care daycare home" means a home, place, or facility pro-
34 viding day care daycare for six (6) or fewer children.
35 (101) "Group day care daycare facility" means a home, place, or facility
36 providing day care daycare for seven (7) to twelve (12) children.
37 (12) "Training" means continuing education in child development areas
38 relating to child care including, but not limited to, the viewing of audio
39 visual materials, correspondence courses, community workshops and in-house
40 training.
41 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 39-1103. LICENSING AUTHORITY. The department of health and welfare is
44 hereby authorized and directed to issue "basic day care daycare licenses" as
45 provided in this chapter. The department is authorized to establish procedures
46 for issuing licenses to day care centers daycare facilities which shall be
47 maintained and operated in conformity with the standards authorized in this
48 chapter. Nothing in this chapter shall be construed to limit or restrict the
49 teaching of religious doctrines, values, or tenets in a facility licensed
3
1 under the provisions of this chapter. The provisions of this chapter shall not
2 apply to:
3 (1) The occasional care of a neighbor's, relative's or friend's child or
4 children by a person not ordinarily in the business of child care;
5 (2) The operation of a private school or religious school for educational
6 purposes for children over four (4) years of age or a religious kindergarten;
7 (3) The provision of occasional care exclusively for children of parents
8 who are simultaneously in the same building;
9 (4) The operation of day camps, programs and religious schools for less
10 than twelve (l2) weeks during a calendar year or not more often than once a
11 week; or
12 (5) The provision of care for children of only one (1) immediate family
13 in addition to the person's own children.
14 SECTION 4. That Section 39-1104, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 39-1104. APPLICATION FOR LICENSE -- FIRE SAFETY AND HEALTH INSPECTIONS.
17 (1) Application. A person who wishes to own or operate a day care center
18 daycare facility shall be a minimum of eighteen (18) years of age, submit an
19 application, on the forms provided by the department, and shall obtain the
20 required certificates of inspection as provided herein.
21 (2) Inspections. A person who wishes to operate a day care center daycare
22 facility shall submit: (a) a certificate of a fire inspection of the proposed
23 center facility, conducted by a fire department or fire district official,
24 establishing compliance with the minimum standards specified in section
25 39-1109, Idaho Code; and (b) a health inspection of the proposed center
26 facility conducted by the district health department, establishing compliance
27 with the minimum standards specified in section 39-1110, Idaho Code.
28 (3) Continued compliance and reinspection. Day care centers Daycare
29 facilities shall at all times maintain compliance with the fire safety and
30 health requirements identified in this chapter. The department may cause any
31 day care center daycare facility to be reinspected during the term of a
32 license for fire safety and health compliance as determined necessary. No
33 charge for any reinspection after the initial inspection in any license period
34 shall be made to the day care center daycare facility.
35 SECTION 5. That Section 39-1105, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
38 criminal history check on the owners, operators and employees of a day care
39 center daycare facility who have direct contact with children, and on all vol-
40 unteers and other individuals twelve thirteen (123) years of age or older who
41 have unsupervised direct contact with children in a day care or are regularly
42 on the premises of a family daycare home, group daycare facility or daycare
43 center. This includes individuals who may reasonably be expected to have
44 unsupervised contact with children, but do not provide direct care, such as
45 janitorial, lunchroom staff, pastors and immediate family members of a licen-
46 see. The criminal history check shall include the following for all persons
47 subject to the provisions of this section who are eighteen (18) years of age
48 or older:
49 (a) Statewide criminal identification bureau;
50 (b) Federal bureau of investigation (FBI) criminal history;
51 (c) National crime information center; and
4
1 (d) Statewide child abuse register.
2 (2) Criminal history checks on those persons under eighteen (18) years of
3 age shall include a check of the juvenile justice records of adjudications of
4 the magistrate division of the district court, county probation services and
5 department of health and welfare records as authorized by the minor and his
6 parent or guardian.
7 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
8 provide for exemption from the provisions of this chapter, any person who
9 owns, operates or is employed by a private school for educational purposes for
10 children four (4) through six (6) years of age or a private kindergarten shall
11 comply with the provisions of this section.
12 (4) A person who is required by this section to undergo a criminal his-
13 tory check who has an immediate family member who is a registered sex offender
14 or who is required to register, must disclose the information in writing,
15 including a current facial photograph of the sex offender, to all employees,
16 parents and the licensing agency. Nothing in this chapter shall be deemed to
17 limit the penalties or restrictions set forth in sections 18-8327 and 18-8414,
18 Idaho Code.
19 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica-
22 tion, inspection certificates and the criminal history, the department shall,
23 upon a finding of compliance, issue a basic day care daycare license to the
24 applicant. The license shall be valid for two (2) years and shall be posted in
25 a conspicuous place at the day care center daycare facility.
26 (2) After the criminal history check has been completed for any person,
27 it shall not be necessary to repeat the check for renewal of a license. The
28 department may, however, require the applicant for renewal of a license to
29 declare on a form provided by the department that the applicant is in compli-
30 ance with the original standards and conditions required for issuance of a
31 license.
32 (3) The department shall maintain a list of all licensees for public use.
33 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 39-1107. FEES. (1) The board shall establish by rule the maximum total
36 fee to be assessed for a basic day care daycare license which shall not exceed
37 one hundred fifty dollars ($100.050). The board shall allocate the fee for
38 fire and health inspections and for the criminal history check. The board
39 shall also establish a renewal fee which shall not exceed sixty ninety dollars
40 ($690.00).
41 (2) The applicable license fee in subsection (1) of this section shall be
42 reduced by twenty-five percent (25%) for any day care daycare facility which
43 provides evidence that at least fifty percent (50%) of its staff is certified
44 in infant/child first aid and pediatric rescue breathing.
45 SECTION 8. That Section 39-1108, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 39-1108. LOCAL OPTION. If a city or county, within its respective juris-
48 diction, has adopted an ordinance for regulation and/or licensing of day care
49 services daycare facilities, then the provisions of this chapter shall not
5
1 apply with such city or county unless the ordinance is subsequently repealed.
2 To qualify for exemption, regulation of centers daycare facilities must
3 include a criminal history check at least as stringent as the check required
4 in section 39-1105, Idaho Code, compliance with fire safety standards at least
5 as stringent as required in section 39-1109, Idaho Code, compliance with
6 health standards at least as stringent as required in section 39-1110, Idaho
7 Code, compliance with immunization requirements at least as stringent as
8 required in section 39-1118, Idaho Code, and compliance with training require-
9 ments at least as stringent as required in section 39-1119, Idaho Code. Cities
10 and counties are hereby granted authority and may adopt ordinances for regula-
11 tion and/or licensing of day care services daycare facilities.
12 SECTION 9. That Section 39-1109, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 39-1109. FIRE SAFETY STANDARDS. (1) Day care centers Daycare facilities
15 shall comply with the following fire safety standards in the area of the day
16 care center daycare facility in which day care daycare is provided:
17 (a) aAdequate fire and smoke alarms;
18 (b) aA functional telephone located on the daycare premises during the
19 hours of operation;
20 (c) aAdequate fire extinguishers or other suitable arrangements for
21 extinguishing fires; and
22 (d) aAdequate exits.
23 Separate standards in these categories shall also be developed for group day
24 care facilities.
25 (2) No fire standards developed pursuant to this chapter shall be more
26 stringent than the standards contained in the International Fire Code, without
27 supplementation by any other standard or code.
28 (3) In addition to the fire safety standards identified in subsection (1)
29 of this section, fire safety standards may be established to govern the maxi-
30 mum allowable ratio of children to staff subject to the following restric-
31 tions:
32 (a) In no event shall the child-staff ratio for daycare centers require
33 more than one (1) staff member to six (6) children for all children age
34 eighteen (18) months or less, more than one (1) staff member to twelve
35 eight (128) children for all children above age eighteen (18) months but
36 less than five two (52) years; and more than one (1) staff member to eigh-
37 teen ten (180) children for all children above age two (2) years but less
38 than three (3) years; more than one (1) staff member to twelve (12) chil-
39 dren for all children above age three (3) years but less than four (4)
40 years; more than one (1) staff member to fifteen (15) children for all
41 children above age four (4) years but less than five (5) years; more than
42 one (1) staff member to eighteen (18) children for all children whose age
43 is five (5) years or more;. When children of varying ages are present,
44 there shall be no time when the maximum number of children exceeds twelve
45 (12) or ten (10) points, whichever is reached first, using the following
46 formula to determine child-staff ratio:
47 (i) A child under the age of two (2) years equals two (2) points;
48 (ii) A child age two (2) and under the age of four (4) years equals
49 one (1) point; and
50 (iii) A child age four (4) years and above equals one-half (1/2)
51 point.
52 (b) No factors other than fire safety may be considered in establishing
53 child-staff ratios;
6
1 (c) All adults Only staff on the premises providing direct supervision to
2 the children shall be counted as staff for purposes of computing a child-
3 staff ratio; and
4 (d) Each child on the premises shall count as one (1) child for purposes
5 of computing a child-staff ratio. A licensee's own children over five (5)
6 years of age shall not be included in the child-staff ratio; and
7 (e) Family daycare homes and group daycare facilities that provide care
8 to a mixed age group of children shall have a maximum allowable child-
9 staff ratio based on the age of the children in attendance. If a child
10 under the age of eighteen (18) months is in attendance, then the maximum
11 group size is twelve (12) children or ten (10) points, whichever is
12 reached first, as determined by the following formula:
13 (i) A child under the age of eighteen (18) months equals two (2)
14 points;
15 (ii) A child age eighteen (18) months and under five (5) years
16 equals one (1) point; and
17 (iii) A child age five (5) years and above equals one-half (1/2)
18 point.
19 If all of the children in attendance are over the age of eighteen (18)
20 months, then the maximum mixed age group ratio shall be one (1) staff mem-
21 ber to twelve (12) children.
22 SECTION 10. That Section 39-1110, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-1110. HEALTH STANDARDS. Day care centers Daycare facilities shall com-
25 ply with the following health standards:
26 (1) Food for use in day care centers daycare facilities shall be prepared
27 and served in a sanitary manner with sanitized utensils and on surfaces that
28 have been cleaned, rinsed and sanitized prior to use to prevent contamination;
29 (2) All food that is to be served in day care centers daycare facilities
30 shall be stored in such a manner that it is protected from potential contami-
31 nation;
32 (3) Diaper changing shall be conducted in such a manner as to prevent the
33 spread of communicable diseases;
34 (4) Sleeping and play areas, restrooms and fixtures shall be maintained
35 in a safe, sanitary condition;
36 (5) Children and facility personnel shall be provided with individual or
37 disposable towels for handwashing and the handwashing area shall be equipped
38 with soap and hot and cold running water;
39 (6) The water supply, where the source is other than a public water sys-
40 tem, must be approved by the district board of health;
41 (7) Medicines, cleaning supplies and other hazardous substances must be
42 stored out of reach of children;
43 (8) A functional telephone or some type of emergency communication system
44 located on the daycare facility premises during the hours of operation is
45 required; and
46 (9) Smoking or alcohol consumption is prohibited on the premises of a
47 daycare facility during the period of the daycare facility's hours of opera-
48 tion;
49 (10) Representatives of the district health department shall not be denied
50 access to a day care center daycare facility during hours of operation for
51 purposes of control of communicable disease;
52 (11) Firearms or weapons are not permitted on daycare center or group
53 daycare facility premises that operate in nonresidential buildings. Firearms
7
1 or weapons on the premises of family daycare homes and group daycare facili-
2 ties that operate in the licensee's residence must be stored, unloaded, in a
3 locked storage cabinet that is inaccessible to children; and
4 (12) Pools, hot tubs, ponds and other bodies of water that are on the
5 daycare facility premises or adjacent to the daycare facility property must
6 provide the following safeguards:
7 (a) The area surrounding the body of water must be fenced and locked in a
8 manner that prevents access by children and meet the following require-
9 ments:
10 (i) The fence must be at least four (4) feet high with no vertical
11 opening more than four (4) inches wide, be designed so that a young
12 child cannot climb or squeeze under or through the fence, surround
13 all sides of the pool and have a gate that is self-closing and that
14 has a self-latching mechanism in proper working order out of the
15 reach of young children;
16 (ii) If the house forms one (1) side of the barrier for the pool,
17 all doors that provide unrestricted access to the pool must have
18 alarms that produce an audible sound when the door is opened;
19 (iii) Furniture or other large objects must not be left near the
20 fence that would enable a child to climb on the furniture and gain
21 access to the pool; and
22 (b) If the area surrounding a body of water is not fenced and locked,
23 there must be a secured protective covering that will not allow access by
24 a child;
25 (c) Wading pools must be empty when not in use; and
26 (d) Children must be under direct supervision of an adult while using a
27 pool, hot tub, pond or other body of water.
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) No person who has been found guilty of or received a withheld judg-
34 ment for any offense involving neglect or any physical injury to, or other
35 abuse of a child including the following offenses or a similar provision in
36 another jurisdiction, shall be eligible for a license under the provisions of
37 this chapter:
38 (a) Injuring a child, section 18-1501, Idaho Code.
39 (b) The sexual abuse of a child under sixteen (16) years of age, section
40 18-1506, Idaho Code.
41 (c) The ritualized abuse of a child under eighteen (18) years of age,
42 section 18-1506A, Idaho Code.
43 (d) The sexual exploitation of a child, section 18-1507 or 18-1507A,
44 Idaho Code.
45 (e) Lewd conduct with a child under the age of sixteen (16) years, sec-
46 tion 18-1508, Idaho Code.
47 (f) The sale or barter of a child for adoption or other purposes, section
48 18-1511, Idaho Code.
49 (g) Murder, section 18-4001 or 18-4003, Idaho Code.
50 (h) Voluntary manslaughter, section 18-4006, Idaho Code.
51 (i) Rape, section 18-6101 or 18-6108, Idaho Code.
52 (j) Incest, section 18-6602, Idaho Code.
53 (k) Forcible sexual penetration by use of foreign object, section
8
1 18-6608, Idaho Code.
2 (l) Abuse, neglect or exploitation of a vulnerable adult, section
3 18-1505, Idaho Code.
4 (m) Aggravated, first degree and second degree arson, sections 18-801
5 through 18-805, Idaho Code.
6 (n) Crimes against nature, section 18-6605, Idaho Code.
7 (o) Kidnapping, sections 18-4501 through 18-4503, Idaho Code.
8 (p) Mayhem, section 18-5001, Idaho Code.
9 (q) Poisoning, sections 18-4014 and 18-5501, Idaho Code.
10 (r) Possession of sexually exploitative material, section 18-1507A, Idaho
11 Code.
12 (s) Robbery, section 18-6501, Idaho Code.
13 (t) Felony stalking, section 18-7905, Idaho Code.
14 (u) Any felony punishable by death or life imprisonment.
15 (v) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701,
16 Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to
17 commit any of the crimes designated in paragraphs (a) through (u) of this
18 subsection (2).
19 (3) A license may be denied, suspended or revoked by the department if
20 the department finds any of the following:
21 (a) That illegal activity has occurred on the daycare facility premises;
22 (b) That the activity, use or privilege authorized under the license is
23 being or has been exercised so as to be detrimental to the public health,
24 safety or welfare;
25 (c) That a person required to undergo a criminal history check under the
26 provisions of section 39-1105, Idaho Code, has been found guilty of or
27 received a withheld judgment for any offense involving neglect or any
28 physical injury to, or other abuse of a child as provided under the provi-
29 sions of this chapter; or
30 (d) A substantiated complaint that the health and/or safety of a child is
31 threatened due to the child's enrollment in the family daycare home, group
32 daycare facility or daycare center.
33 (4) The denial, suspension or revocation of a license under this chapter
34 may be appealed to the district court of the county in which the affected day
35 care center daycare facility is located and the appeal shall be heard de novo
36 in the district court.
37 SECTION 12. That Section 39-1114, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-1114. LIMITED APPLICATIONS. Any person providing day care in a group
40 day care facility shall not be required to be licensed, but shall comply with
41 the requirements of section 39-1105, Idaho Code, for a criminal history check
42 and shall obtain a fire inspection certificate establishing compliance with
43 the standards provided in section 39-1109, Idaho Code. The fire inspection for
44 family daycare homes and group day care daycare facilities may be conducted
45 by the district health department. The fire inspection certificate and the
46 criminal history check, if one is required, shall be available for inspection
47 on the premises.
48 A group day care facility or family day care home may elect to comply with
49 the provisions of this chapter and upon a finding of compliance by the depart-
50 ment, shall receive a basic day care license.
51 SECTION 13. That Section 39-1115, Idaho Code, be, and the same is hereby
52 amended to read as follows:
9
1 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to own or operate a
2 day care family daycare home, group daycare facility or daycare center within
3 this state without first obtaining a basic day care daycare license from the
4 department or to own or operate a day care family daycare home, group daycare
5 facility or daycare center without posting a basic day care daycare license in
6 a conspicuous place. A copy of this chapter shall be available on the premises
7 at all times for staff and parents to read on request.
8 (2) It shall be a misdemeanor to operate a group day care facility with-
9 out obtaining the certificates required in section 39-1114, Idaho Code; pro-
10 vided, that in the event of an initial citation for violation of the provi-
11 sions of this subsection, if a person makes the applications required within
12 twenty (20) days, the complaint shall be dismissed. Operation of a group day
13 care facility after denial of the certificates required shall be a misdemeanor
14 If a family daycare home, group daycare facility or daycare center is found to
15 be operating without a license, the licensing agency may grant a grace period
16 of no more than thirty (30) days to allow for the facility to be in compliance
17 with the provisions of this chapter.
18 (3) It is a misdemeanor for any person to provide day care daycare ser-
19 vices if such person has been found guilty in this state's courts, in any
20 other state's courts, or in any federal court, of any offense listed under the
21 provisions of section 39-1113, Idaho Code.
22 SECTION 14. That Section 39-1116, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of
25 the county in which the day care family daycare home, daycare center or group
26 day care daycare facility is located to prosecute violations of the provisions
27 of this chapter.
28 SECTION 15. That Section 39-1117, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of
31 a license or certificate pursuant to this chapter shall not constitute a rep-
32 resentation of affirmance to any person that the day care center daycare
33 facility to which a license is issued or a group day care facility to which a
34 certificate is issued is free from risk with regard to the standards in this
35 chapter. The state and its political subdivisions or any employees or agents
36 of the state or its political subdivisions shall not be liable for nor shall a
37 cause of action exist for any loss or damage based upon the failure of any
38 person to meet the standards contained in this chapter.
39 SECTION 16. That Section 39-1118, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a
42 child's initial attendance at any licensed day care daycare facility, the par-
43 ent or guardian shall provide a statement to the operator of the day care
44 daycare facility regarding the child's immunity to certain childhood diseases.
45 This statement shall provide a certificate signed by a physician or a repre-
46 sentative of a health district, that the child has received, or is in the
47 process of receiving immunizations as specified by the board of health and
48 welfare; or can effectively demonstrate, through verification in a form
49 approved by the department of health and welfare, immunity gained through
10
1 prior contraction of the disease.
2 Immunizations required and the manner and frequency of their administra-
3 tion shall be as prescribed by the state board of health and welfare and shall
4 conform to recognized standard medical practices in the state. The state board
5 of health and welfare shall promulgate appropriate rules and regulations for
6 the enforcement of the required immunization program and specify reporting
7 requirements of day care centers daycare facilities, pursuant to the provi-
8 sions of chapter 52, title 67, Idaho Code.
9 (2) Any minor child whose parent or guardian has submitted to officials
10 of a licensed day care daycare facility a certificate signed by a physician
11 licensed by the state board of medicine stating that the physical condition of
12 the child is such that all or any of the required immunizations would endanger
13 the life or health of the child shall be exempt from the provisions of this
14 section. Any minor child whose parent or guardian has submitted a signed
15 statement to officials of the day care daycare facility stating their objec-
16 tions on religious or other grounds shall be exempt from the provisions of
17 this section.
18 SECTION 17. That Section 39-1119, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care cen-
21 ter daycare facility shall ensure that each employee receives four eight (48)
22 hours of ongoing training every twelve (12) months after the employee's hire
23 date, with no more than four (4) hours completed through in-home training per-
24 formed on the premises of the family daycare home, group daycare facility or
25 daycare center. The owner or operator of a family daycare home, group daycare
26 facility or daycare center shall ensure that at all times children are pres-
27 ent, at least one (1) adult on the premises has current certification in
28 pediatric rescue breathing and first aid treatment from a certified
29 instructor.
STATEMENT OF PURPOSE
RS 16764
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 caring for six or fewer
children and very minimal regulation for those providing care for
7 to 12 children. This legislation would extend licensing
requirements to all providers who provide care for compensation
to two or more children, with current exemptions maintained.
Basic requirements would include health and safety inspections,
fire inspections, criminal history checks and infant CPR and
first aid training. It establishes new staff-child ratios for
mixed age groups 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
$44,750, with $38,000 of that to the state general fund. This is
due to increased processing of applications for licenses. Fees
for licensing will be increased and this will cover most of the
anticipated increase in the cost.
Contact:
Name: Rep George Sayler Sen Mike Burkett
Phone:332-1000 Sen Edgar Malepeai
Rep Max Black Sen Stan Bastian
Rep Leon Smith Sen Tom Gannon
Rep Elaine Smith
Rep Larry Bradford
Rep Les Bock
Rep Donna Pence
STATEMENT OF PURPOSE/FISCAL NOTE H 163