TITLE 39

HEALTH AND SAFETY

CHAPTER 12

CHILD CARE LICENSING REFORM ACT

39-1211A.  Kinship foster care — limited variance or waiver. (1) Kin providing foster care for a child pursuant to chapter 16, title 16, Idaho Code, must be licensed in accordance with this chapter.

(2)  Notwithstanding the provisions of subsection (1) of this section, the department may expedite placement with a relative, issue a foster care license, or grant a limited variance or waiver of a licensing standard or requirement for a relative. The department may establish separate standards or requirements for licensure of kin if, in the department’s judgment, the health and safety of the child is not thereby endangered.

(3)  If the department grants a limited variance or waiver of a licensing standard or requirement to the child’s relative pursuant to this section, the department shall document the grounds for granting the limited variance or waiver and the reasons the limited variance or waiver will not compromise the related child’s safety and health.

(4)  A limited variance or waiver of a licensing standard or requirement granted to a child’s relative pursuant to this section shall be reviewed by the department for continuing compliance, need, and approval at regular intervals, subject to the provisions of section 39-1113, Idaho Code.

History:

[39-1211A, added 2010, ch. 147, sec. 5, p. 321; am. 2025, ch. 142, sec. 3, p. 723; am. 2026, ch. 198, sec. 4, p. 868.]