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S1376.................................................by HEALTH AND WELFARE DAYCARE FACILITIES - Amends existing law to revise policy; to revise definitions; to provide a minimum daycare operator age; to revise an age for criminal history checks; to revise license fees; to revise required fire safety equipment; to provide for child-staff ratios and requirements; to revise health standards; to require daycare facilities to comply with certain health standards; to provide additional crimes precluding eligibility for a license; to provide grounds for the denial, suspension or revocation of a daycare facility license; to remove requirements for availability for inspection of a fire inspection certificate and criminal history check; to permit inspection of family daycare homes; to require family daycare home providers to comply with certain criminal history background check provisions; to remove a group daycare facility election for compliance with certain provisions; to provide a daycare facility a grace period to obtain a license; to remove a criminal sanction for operating a group daycare facility without obtaining, or after denial of, certain certificates; to provide criminal sanctions for operating a family daycare home without obtaining, or after failure to pass, a criminal history background check; to provide the duty of the county prosecuting attorney to prosecute violations regarding family daycare homes; to remove a provision regarding state or political subdivision affirmance with certain provisions for group daycare facilities to which a certificate is issued; to revise training hour requirements; to provide certain limitations on on-premises training; and to require an on-premises adult with certain certification. 02/05 Senate intro - 1st rdg - to printing 02/06 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1376 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO DAYCARE PROGRAMS; AMENDING SECTION 39-1101, IDAHO CODE, TO REVISE 3 POLICY AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1102, IDAHO 4 CODE, TO REVISE DEFINITIONS, TO DEFINE ADDITIONAL TERMS AND TO PROVIDE 5 CORRECT TERMINOLOGY; AMENDING SECTION 39-1103, IDAHO CODE, TO PROVIDE COR- 6 RECT TERMINOLOGY; AMENDING SECTION 39-1104, IDAHO CODE, TO PROVIDE A MINI- 7 MUM DAYCARE OPERATOR AGE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SEC- 8 TION 39-1105, IDAHO CODE, TO REVISE AN AGE FOR CRIMINAL HISTORY CHECKS FOR 9 SPECIFIED INDIVIDUALS AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 10 39-1106, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 11 39-1107, IDAHO CODE, TO REVISE LICENSE FEES AND TO PROVIDE CORRECT TERMI- 12 NOLOGY; AMENDING SECTION 39-1108, IDAHO CODE, TO PROVIDE CORRECT TERMINOL- 13 OGY; AMENDING SECTION 39-1109, IDAHO CODE, TO REVISE FIRE SAFETY EQUIPMENT 14 REQUIRED IN THE AREA OF THE DAYCARE FACILITY, TO PROVIDE FOR CERTAIN 15 CHILD-STAFF RATIOS AND REQUIREMENTS AND TO PROVIDE CORRECT TERMINOLOGY; 16 AMENDING SECTION 39-1110, IDAHO CODE, TO REVISE HEALTH STANDARDS, TO 17 REQUIRE DAYCARE FACILITIES TO COMPLY WITH CERTAIN HEALTH STANDARDS AND TO 18 PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1113, IDAHO CODE, TO PRO- 19 VIDE ADDITIONAL CRIMES PRECLUDING ELIGIBILITY FOR A LICENSE, TO PROVIDE 20 GROUNDS FOR THE DENIAL, SUSPENSION OR REVOCATION OF A DAYCARE FACILITY 21 LICENSE AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1114, 22 IDAHO CODE, TO REMOVE REQUIREMENTS FOR AVAILABILITY FOR INSPECTION OF FIRE 23 INSPECTION CERTIFICATE AND CRIMINAL HISTORY CHECK, TO PERMIT INSPECTION OF 24 FAMILY DAYCARE HOMES, TO REQUIRE FAMILY DAYCARE HOME PROVIDERS TO COMPLY 25 WITH CERTAIN CRIMINAL HISTORY BACKGROUND PROVISIONS, TO REMOVE A GROUP 26 DAYCARE FACILITY ELECTION FOR COMPLIANCE WITH CHAPTER PROVISIONS, TO PRO- 27 VIDE CERTAIN DAYCARE PROVIDERS AN ELECTION FOR COMPLIANCE WITH CHAPTER 28 PROVISIONS, AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1115, 29 IDAHO CODE, TO PROVIDE A DAYCARE FACILITY A CERTAIN GRACE PERIOD TO OBTAIN 30 A LICENSE, TO REMOVE A CRIMINAL SANCTION FOR OPERATING A GROUP DAYCARE 31 FACILITY WITHOUT OBTAINING OR AFTER DENIAL OF CERTAIN CERTIFICATES, TO 32 PROVIDE CRIMINAL SANCTIONS FOR OPERATING A FAMILY DAYCARE HOME WITHOUT 33 OBTAINING OR AFTER FAILURE TO PASS A CRIMINAL HISTORY BACKGROUND CHECK 34 AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 39-1116, IDAHO CODE, 35 TO PROVIDE THE DUTY OF THE COUNTY PROSECUTING ATTORNEY TO PROSECUTE VIOLA- 36 TIONS REGARDING FAMILY DAYCARE HOMES AND TO PROVIDE CORRECT TERMINOLOGY; 37 AMENDING SECTION 39-1117, IDAHO CODE, TO REMOVE A PROVISION REGARDING 38 STATE OR POLITICAL SUBDIVISION AFFIRMANCE WITH CHAPTER PROVISIONS FOR 39 GROUP DAYCARE FACILITIES TO WHICH A CERTIFICATE IS ISSUED AND TO PROVIDE 40 CORRECT TERMINOLOGY; AMENDING SECTION 39-1118, IDAHO CODE, TO PROVIDE COR- 41 RECT TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 42 39-1119, IDAHO CODE, TO REVISE TRAINING HOUR REQUIREMENTS, TO PROVIDE CER- 43 TAIN LIMITATIONS ON ON-PREMISES TRAINING, TO REQUIRE AN ON-PREMISES ADULT 44 WITH CERTAIN CERTIFICATION AND TO PROVIDE CORRECT TERMINOLOGY. 45 Be It Enacted by the Legislature of the State of Idaho: 2 1 SECTION 1. That Section 39-1101, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 39-1101. POLICY. It is hereby declared to be the policy of this state to 4 establish a minimum statewide system for the protection of children inday5care centersdaycare facilities. This system is intended to establish minimum 6 standards to protect children and strengthen families, while still leaving 7 primary responsibility for evaluation and selection ofday caredaycare ser- 8 vices with parents. The minimum standards established by this chapter shall 9 not be construed as preempting more stringent regulation by county or city 10 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 thantwelvethirteen (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,ormarriage or legal guardianship to the person or persons 19 providing the care, in a place other than the child's or children's own home 20 or homes. 21 (4) "Day careDaycare center" means a place or facility providingday care22 daycare for compensation for thirteen (13) or more children. 23 (5) "Daycare facility" means a place or facility providing daycare ser- 24 vices for compensation to four (4) or more children not related to the pro- 25 vider. 26 (6) "Department" means the Idaho department of health and welfare. 27 (67) "District health board" means the district health boards of the 28 respective public health districts as established in chapter 4, title 39, 29 Idaho Code. 30 (78) "District health department" means the district health departments 31 of the respective districts, created in section 39-409, Idaho Code. 32 (89) "Employee" means any person working for compensation in a facility 33 that providesday caredaycare. 34 (910) "Familyday caredaycare home" means a home, place, or facility pro- 35 vidingday caredaycare for six (6) or fewer children. 36 (101) "Groupday caredaycare facility" means a home, place, or facility 37 providingday caredaycare for seven (7) to twelve (12) children. 38 (12) "Training" means continuing education in child development areas 39 relating to child care. Training can be acquired through a variety of methods 40 including, but not limited to, the viewing of audio visual materials, corre- 41 spondence courses, community workshops and in-house training. 42 SECTION 3. That Section 39-1103, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 39-1103. LICENSING AUTHORITY. The department of health and welfare is 45 hereby authorized and directed to issue "basicday caredaycare licenses" as 46 provided in this chapter. The department is authorized to establish procedures 47 for issuing licenses today care centersdaycare facilities which shall be 48 maintained and operated in conformity with the standards authorized in this 49 chapter. Nothing in this chapter shall be construed to limit or restrict the 50 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 operate aday care centerdaycare 18 facility shall be a minimum of eighteen (18) years of age, submit an applica- 19 tion, on the forms provided by the department, and shall obtain the required 20 certificates of inspection as provided herein. 21 (2) Inspections. A person who wishes to operate aday care centerdaycare 22 facility shall submit: (a) a certificate of a fire inspection of the proposed 23 center, conducted by a fire department or fire district official, establishing 24 compliance with the minimum standards specified in section 39-1109, Idaho 25 Code; and (b) a health inspection of the proposed center conducted by the 26 district health department, establishing compliance with the minimum standards 27 specified in section 39-1110, Idaho Code. 28 (3) Continued compliance and reinspection.Day care centersDaycare 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 31day care centerdaycare 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 theday care centerdaycare 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 aday care39centerdaycare facility who have direct contact with children, and on all vol- 40 unteers and other individualstwelvethirteen (123) years of age or older who 41 have unsupervised direct contact with childreninor are regularly on the 42 premises of aday care centerdaycare facility. This includes individuals who 43 may reasonably be expected to have unsupervised contact with children, but do 44 not provide direct care, such as janitors, lunchroom staff, pastors and imme- 45 diate family members of the providers. The criminal history check shall 46 include the following for all persons subject to the provisions of this sec- 47 tion who are eighteen (18) years of age or older: 48 (a) Statewide criminal identification bureau; 49 (b) Federal bureau of investigation (FBI) criminal history; 50 (c) National crime information center; and 51 (d) Statewide child abuse register. 4 1 (2) Criminal history checks on those persons under eighteen (18) years of 2 age shall include a check of the juvenile justice records of adjudications of 3 the magistrate division of the district court, county probation services and 4 department of health and welfare records as authorized by the minor and his 5 parent or guardian. 6 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which 7 provide for exemption from the provisions of this chapter, any person who 8 owns, operates or is employed by a private school for educational purposes for 9 children four (4) through six (6) years of age or a private kindergarten shall 10 comply with the provisions of this section. 11 SECTION 6. That Section 39-1106, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the applica- 14 tion, inspection certificates and the criminal history, the department shall, 15 upon a finding of compliance, issue a basicday caredaycare license to the 16 applicant. The license shall be valid for two (2) years and shall be posted in 17 a conspicuous place at theday care centerdaycare facility. 18 (2) After the criminal history check has been completed for any person, 19 it shall not be necessary to repeat the check for renewal of a license. The 20 department may, however, require the applicant for renewal of a license to 21 declare on a form provided by the department that the applicant is in compli- 22 ance with the original standards and conditions required for issuance of a 23 license. 24 (3) The department shall maintain a list of all licensees for public use. 25 SECTION 7. That Section 39-1107, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-1107. FEES. (1) The board shall establish by rule the maximum total 28 fee to be assessed for a basicday caredaycare license which shall not exceed 29 one hundred fifty dollars ($100.0150). The board shall allocate the fee for 30 fire and health inspections and for the criminal history check. The board 31 shall also establish a renewal fee which shall not exceedsixtyninety dollars 32 ($690.00). 33 (2) The applicable license fee in subsection (1) of this section shall be 34 reduced by twenty-five percent (25%) for anyday caredaycare facility which 35 provides evidence that at least fifty percent (50%) of its staff is certified 36 in infant/child first aid and pediatric rescue breathing. 37 SECTION 8. That Section 39-1108, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 39-1108. LOCAL OPTION. If a city or county, within its respective juris- 40 diction, has adopted an ordinance for regulation and/or licensing ofday care41 daycare services, then the provisions of this chapter shall not apply with 42 such city or county unless the ordinance is subsequently repealed. To qualify 43 for exemption, regulation of centers must include a criminal history check at 44 least as stringent as the check required in section 39-1105, Idaho Code, com- 45 pliance with fire safety standards at least as stringent as required in sec- 46 tion 39-1109, Idaho Code, compliance with health standards at least as strin- 47 gent as required in section 39-1110, Idaho Code, compliance with immunization 48 requirements at least as stringent as required in section 39-1118, Idaho Code, 49 and compliance with training requirements at least as stringent as required in 5 1 section 39-1119, Idaho Code. Cities and counties are hereby granted authority 2 and may adopt ordinances for regulation and/or licensing ofday caredaycare 3 services. 4 SECTION 9. That Section 39-1109, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 39-1109. FIRE SAFETY STANDARDS. (1)Day care centersDaycare facilities 7 shall comply with the following fire safety standards in the area of theday8care centerdaycare facility in whichday caredaycare is provided: 9 (a)aAdequate fire and smoke alarms; 10 (b)aA functional telephone located on the daycare premises during the 11 hours of operation; 12 (c)aAdequate fire extinguishers or other suitable arrangements for 13 extinguishing fires; and 14 (d)aAdequate exits.Separate standards in these categories shall also be15developed for group day care facilities.16 (2) No fire standards developed pursuant to this chapter shall be more 17 stringent than the standards contained in the International Fire Code, without 18 supplementation by any other standard or code. 19 (3) In addition to the fire safety standards identified in subsection (1) 20 of this section, fire safety standards may be established to govern the maxi- 21 mum allowable ratio of children to staff subject to the following restric- 22 tions: 23 (a) In no event shall the child-staff ratio for daycare centers require 24 more than one (1) staff member to six (6) children for all children age 25 eighteen (18) months or less,; more than one (1) staff member totwelve26 eight (128) children for all children above age eighteen (18) months but 27 less thanfivetwo (52) years;andmore than one (1) staff member toeigh-28teenten (180) children for all children above age two (2) years but less 29 than three (3) years; more than one (1) staff member to twelve (12) chil- 30 dren for all children above age three (3) years but less than four (4) 31 years; more than one (1) staff member to fifteen (15) children for all 32 children above age four (4) years but less than five (5) years; and more 33 than one (1) staff member to eighteen (18) children for all children whose 34 age is five (5) years or more. When children of varying ages are present 35 in the same group, there shall be no time when the maximum number of chil- 36 dren exceeds twelve (12) children or ten (10) points, whichever is reached 37 first, using the following formula to determine child-staff ratio: 38 (i) A child under the age of two (2) years equals two (2) points; 39 (ii) A child age two (2) and under the age of four (4) years equals 40 one (1) point; and 41 (iii) A child age four (4) years and above equals one-half (1/2) 42 point; 43 (b) No factors other than fire safety may be considered in establishing 44 child-staff ratios; 45 (c)AllOnly adultson the premisesproviding direct supervision to the 46 children shall be counted as staff for purposes of computing a child-staff 47 ratio;and48 (d) Each child on the premises, except the licensee's own children over 49 five (5) years of age, shall count as one (1) child for purposes of com- 50 puting a child-staff ratio; 51 (e) Group daycare facilities shall have a maximum allowable child-staff 52 ratio based on the age of the children in attendance. The maximum group 53 size is twelve (12) children or ten (10) points, whichever is reached 6 1 first, as determined by the following formula: 2 (i) A child under the age of eighteen (18) months equals two (2) 3 points; 4 (ii) A child age eighteen (18) months and under the age of five (5) 5 years equals one (1) point; 6 (iii) A child age five (5) years and above equals one-half (1/2) 7 point; and 8 (f) Family daycare homes may not provide daycare services for more than 9 six (6) children at a time. 10 SECTION 10. That Section 39-1110, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-1110. HEALTH STANDARDS.Day care centersDaycare facilities shall com- 13 ply with the following health standards: 14 (1) Food for use inday care centersdaycare facilities shall be prepared 15 and served in a sanitary manner with sanitized utensils and on surfaces that 16 have been cleaned, rinsed and sanitized prior to use to prevent contamination; 17 (2) All food that is to be served inday care centersdaycare facilities 18 shall be stored in such a manner that it is protected from potential contami- 19 nation; 20 (3) Diaper changing shall be conducted in such a manner as to prevent the 21 spread of communicable diseases; 22 (4) Sleeping and play areas, restrooms and fixtures shall be maintained 23 in a safe, sanitary condition; 24 (5) Children and facility personnel shall be provided with individual or 25 disposable towels for handwashing and the handwashing area shall be equipped 26 with soap and hot and cold running water; 27 (6) The water supply, where the source is other than a public water sys- 28 tem, must be approved by the district board of health; 29 (7) Medicines, cleaning supplies and other hazardous substances must be 30 stored out of reach of children; 31 (8) A functional telephoneor some type of emergency communication system32 located on the daycare facility premises during the hours of operation is 33 required;and34 (9) Smoking or alcohol consumption is prohibited on the premises of a 35 daycare facility during the daycare facility's hours of operation; 36 (10) Representatives of the district health department shall not be denied 37 access to aday care centerdaycare facility during hours of operation for 38 purposes of control of communicable disease; 39 (11) Firearms or weapons are not permitted on daycare facility premises 40 that operate in nonresidential buildings. Firearms or weapons on the premises 41 of daycare facilities that operate in the licensee's residence must be stored, 42 unloaded, in a locked storage cabinet that is inaccessible to children; 43 (12) Pools, hot tubs, ponds and other bodies of water that are on the 44 daycare facility premises or adjacent to the daycare facility property must 45 provide the following safeguards: 46 (a) The area surrounding the body of water must be fenced and locked in a 47 manner that prevents access by children and meets the following require- 48 ments: 49 (i) The fence must be at least four (4) feet high with no vertical 50 opening more than four (4) inches wide, be designed so that a young 51 child cannot climb or squeeze under or through the fence, surround 52 all sides of the pool and have a gate that is self-closing and that 53 has a self-latching mechanism in proper working order out of the 7 1 reach of young children; 2 (ii) If the house forms one (1) side of the barrier for the pool, 3 all doors that provide unrestricted access to the pool must have 4 alarms that produce an audible sound when the door is opened; and 5 (iii) Furniture or other large objects must not be left near the 6 fence in a manner that would enable a child to climb on the furniture 7 or other large object and gain access to the pool; and 8 (b) If the area surrounding a body of water is not fenced and locked, 9 there must be a secured protective covering that will not allow access by 10 a child; 11 (c) Wading pools must be empty when not in use; and 12 (d) Children must be under direct supervision of an adult while using a 13 pool, hot tub, pond or other body of water. 14 SECTION 11. That Section 39-1113, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-1113. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. (1) A license may 17 be denied, suspended or revoked by the department if the department finds that 18 the applicant or licensee does not comply with the provisions of this chapter. 19 (2) No person who has been found guilty of or received a withheld judg- 20 ment for any offense involving neglect or any physical injury to, or other 21 abuse of a child including the following offenses or a similar provision in 22 another jurisdiction, shall be eligible for a license under the provisions of 23 this chapter: 24 (a) Injuring a child, section 18-1501, Idaho Code. 25 (b) The sexual abuse of a child under sixteen (16) years of age, section 26 18-1506, Idaho Code. 27 (c) The ritualized abuse of a child under eighteen (18) years of age, 28 section 18-1506A, Idaho Code. 29 (d) The sexual exploitation of a child, section 18-1507 or 18-1507A, 30 Idaho Code. 31 (e) Lewd conduct with a child under the age of sixteen (16) years, sec- 32 tion 18-1508, Idaho Code. 33 (f) The sale or barter of a child for adoption or other purposes, section 34 18-1511, Idaho Code. 35 (g) Murder, section 18-4001 or 18-4003, Idaho Code. 36 (h) Voluntary manslaughter, section 18-4006, Idaho Code. 37 (i) Rape, section 18-6101 or 18-6108, Idaho Code. 38 (j) Incest, section 18-6602, Idaho Code. 39 (k) Forcible sexual penetration by use of foreign object, section 40 18-6608, Idaho Code. 41 (l) Abuse, neglect or exploitation of a vulnerable adult, section 42 18-1505, Idaho Code. 43 (m) Aggravated, first degree, second degree and third degree arson, sec- 44 tions 18-801 through 18-805, Idaho Code. 45 (n) Crimes against nature, section 18-6605, Idaho Code. 46 (o) Kidnapping, sections 18-4501 through 18-4503, Idaho Code. 47 (p) Mayhem, section 18-5001, Idaho Code. 48 (q) Poisoning, sections 18-4014 and 18-5501, Idaho Code. 49 (r) Possession of sexually exploitative material, section 18-1507A, Idaho 50 Code. 51 (s) Robbery, section 18-6501, Idaho Code. 52 (t) Stalking in the first degree, section 18-7905, Idaho Code. 53 (u) Any felony punishable by death or life imprisonment. 8 1 (v) Attempt, section 18-306, Idaho Code, conspiracy, section 18-1701, 2 Idaho Code, or accessory after the fact, section 18-205, Idaho Code, to 3 commit any of the crimes designated in paragraphs (a) through (u) of this 4 subsection. 5 (3) A daycare facility license may be denied, suspended or revoked by the 6 department if the department finds any of the following: 7 (a) That illegal activity has occurred on the daycare facility premises; 8 (b) That the activity, use or privilege authorized under this chapter is 9 being or has been exercised so as to be detrimental to the public health, 10 safety or welfare; 11 (c) That a person required to undergo a criminal history check under the 12 provisions of section 39-1105, Idaho Code, has been found guilty of or 13 received a withheld judgment for any offense involving neglect or any 14 physical injury to, or other abuse of a child as provided under the provi- 15 sions of this chapter; 16 (d) A substantiated complaint that the health and/or safety of a child is 17 threatened due to the child's enrollment in the daycare facility; or 18 (e) A daycare facility license or privilege to operate a family daycare 19 home will be denied or revoked if a registered sex offender resides on the 20 premises where daycare services are provided. 21 (4) The denial, suspension or revocation of a license under this chapter 22 may be appealed to the district court of the county in which the affectedday23care centerdaycare facility is located and the appeal shall be heard de novo 24 in the district court. 25 SECTION 12. That Section 39-1114, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-1114. LIMITED APPLICATIONS.Any person providing day care in a group28day care facility shall not be required to be licensed, but shall comply with29the requirements of section 39-1105, Idaho Code, for a criminal history check30and shall obtain a fire inspection certificate establishing compliance with31the standards provided in section 39-1109, Idaho Code.The fire inspection for 32 family daycare homes and groupday caredaycare facilities may be conducted by 33 the district health department. Family daycare home providers must comply with 34 the criminal history background provisions required in section 39-1105, Idaho 35 Code. The fire inspection certificate and the criminal history check, if one36is required,shall be available for inspection on the premises. 37 Agroup day care facility or family day care homedaycare providing care 38 for fewer than four (4) children may elect to comply with the provisions of 39 this chapter and upon a finding of compliance by the department, shall receive 40 a basicday caredaycare license. 41 SECTION 13. That Section 39-1115, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate aday care44centerdaycare facility within this state without first obtaining a basicday45caredaycare license from the department or to operate aday care center46 daycare facility without posting a basicday caredaycare license in a con- 47 spicuous place. A copy of this chapter shall be available on the premises at 48 all times for staff and parents to read on request. 49 (2) If a daycare facility is found to be operating without a license, the 50 licensing agency may grant a grace period of no more than thirty (30) days to 51 allow the daycare facility to come into compliance with the provisions of this 9 1 chapter. 2 (3) It shall be a misdemeanor to operate agroup day care facilityfamily 3 daycare home without obtaining thecertificatescriminal history background 4 check required in section 39-1114, Idaho Code; provided, that in the event of 5 an initial citation for violation of the provisions of this subsection, if a 6 person makes the applications required within twenty (20) days, the complaint 7 shall be dismissed. Operation of agroup day care facilityfamily daycare home 8 afterdenial of the certificatesfailure to pass a required criminal history 9 background check shall be a misdemeanor. 10 (34) It is a misdemeanor for any person to provideday caredaycare ser- 11 vices if such person has been found guilty in this state's courts, in any 12 other state's courts, or in any federal court, of any offense listed under the 13 provisions of section 39-1113, Idaho Code. 14 SECTION 14. That Section 39-1116, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of 17 the county in which theday care centerdaycare facility orgroup day care18facilityfamily daycare home is located to prosecute violations of the provi- 19 sions of this chapter. 20 SECTION 15. That Section 39-1117, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of 23 a license or certificate pursuant to this chapter shall not constitute a rep- 24 resentation of affirmance to any person that theday care centerdaycare 25 facility to which a license is issued or agroup day care facility to which a26certificate is issuedfamily daycare home is free from risk with regard to the 27 standards in this chapter. The state and its political subdivisions or any 28 employees or agents of the state or its political subdivisions shall not be 29 liable for nor shall a cause of action exist for any loss or damage based upon 30 the failure of any person to meet the standards contained in this chapter. 31 SECTION 16. That Section 39-1118, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a 34 child's initial attendance at any licensedday caredaycare facility, the par- 35 ent or guardian shall provide a statement to the operator of theday care36 daycare facility regarding the child's immunity to certain childhood diseases. 37 This statement shall provide a certificate signed by a physician or a repre- 38 sentative of a health district, that the child has received, or is in the 39 process of receiving immunizations as specified by the board of health and 40 welfare; or can effectively demonstrate, through verification in a form 41 approved by the department of health and welfare, immunity gained through 42 prior contraction of the disease. 43 Immunizations required and the manner and frequency of their administra- 44 tion shall be as prescribed by the state board of health and welfare and shall 45 conform to recognized standard medical practices in the state. The state board 46 of health and welfare shall promulgate appropriate rulesand regulationsfor 47 the enforcement of the required immunization program and specify reporting 48 requirements ofday care centersdaycare facilities, pursuant to the provi- 49 sions of chapter 52, title 67, Idaho Code. 10 1 (2) Any minor child whose parent or guardian has submitted to officials 2 of a licensedday caredaycare facility a certificate signed by a physician 3 licensed by the state board of medicine stating that the physical condition of 4 the child is such that all or any of the required immunizations would endanger 5 the life or health of the child shall be exempt from the provisions of this 6 section. Any minor child whose parent or guardian has submitted a signed 7 statement to officials of theday caredaycare facility stating their objec- 8 tions on religious or other grounds shall be exempt from the provisions of 9 this section. 10 SECTION 17. That Section 39-1119, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-1119. TRAINING REQUIREMENTS. (1) The owner or operator of aday care13centerdaycare facility shall ensure that each employee receivesfoureight 14 (48) hours of ongoing training every twelve (12) months after the employee's 15 hire date, with not more than four (4) hours completed through internal train- 16 ing performed on the premises of the daycare facility. 17 (2) The owner or operator of a daycare facility shall ensure that at all 18 times children are present at least one (1) adult on the premises has current 19 certification in pediatric rescue breathing and first aid treatment from a 20 certified instructor.
STATEMENT OF PURPOSE
RS 17631
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 day care centers
with thirteen 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 to all providers who receive compensation
and care for four or more children, with current exceptions
maintained. Basic requirements would include criminal
history background checks, health and safety inspections,
fire inspections, restrictions on alcohol and tobacco use,
firearms safety, and infant CPR and first aid training.
It establishes new staff-child ratios for day care and mixed
age groups, and brings current code into consistency with
existing administrative practices and rules.
FISCAL NOTE
The fiscal impact for additional licensing by the Department
of Health and Welfare is $44,750, and of that $38,900 is from
the general fund.
Contact:
Senator Tim Corder Representative James Ruchti
Phone: 332-1336 Phone: 332-1130
Senator Joyce Broadsword Representative George Sayler
Senator Stan Bastian Representative Leon Smith
Senator Kate Kelly Representative Elaine Smith
Senator Eliot Werk Representative Max Black
Senator Mike Burkett Representative Les Bock
Representative Donna Pence
Representative Larry Bradford
STATEMENT OF PURPOSE/FISCAL NOTE S 1376
REVISED REVISED REVISED REVISED