TITLE 39

HEALTH AND SAFETY

CHAPTER 12

CHILD CARE LICENSING REFORM ACT

39-1210.  Standards for children’s residential care facilities. The board of health and welfare shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s residential care facility:

(1)  Assure the organizational stability of the facility, which may require incorporation under the laws of Idaho.

(2)  Require from the policy-making authority of the facility the promulgation of a statement setting forth the facility’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.

(3)  Require a statement of solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services.

(4)  Assure such recordkeeping and reporting as may be deemed necessary to the facility’s services and to the department’s licensing responsibility.

(5)  Assure the safety and physical care of children for whom the facility assumes or accepts responsibility.

(6)  Establish the legal status of each child accepted for care and the legal authority and responsibility of the facility for the child.

(7)  Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the facility’s purposes and facilities.

(8)  Provide through observation and collateral inquiry for studies of homes into which children may be placed sufficient to enable a judgment determining the adequacy of the homes in relation to the needs of the children.

(9)  In the case of an institution specializing in maternity care to unmarried mothers:

(a)  Assure social services on behalf of both the mother and infant; and

(b)  Assure protection of the legal rights and rights to confidential treatment of minor unmarried mothers and their children which shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

(10) The department shall obtain a criminal history check on the owners, operators and employees of all children’s residential care facilities. The criminal history check shall include the following:

(a)  Statewide criminal identification bureau;

(b)  Federal bureau of investigation (FBI) criminal history;

(c)  National crime information center; and

(d)  Statewide child abuse register.

History:

[39-1210, added 1963, ch. 320, sec. 3, p. 901; am. 1980, ch. 325, sec. 3, p. 825; am. 1990, ch. 213, sec. 40, p. 513; am. 1990, ch. 215, sec. 11, p. 574; am. 2001, ch. 93, sec. 8, p. 239; am. 2015, ch. 141, sec. 86, p. 441.]