TITLE 39

HEALTH AND SAFETY

CHAPTER 12

CHILD CARE LICENSING REFORM ACT

39-1211B.  foster home health and safety requirements. (1) Foster homes licensed by the department shall meet the health and safety requirements described in this section, except as provided by section 39-1211A, Idaho Code.

(2)  The living space of a home licensed by the department must have:

(a)  An adequate supply of safe drinking water. In cases of non-municipal water, the department may test for safety;

(b)  A properly operating kitchen with a sink, refrigerator, stove, and oven;

(c)  At least one (1) toilet, sink, and tub or shower in operating condition;

(d)  Heating and cooling as required by the geographic area, consistent with accepted community standards and in safe operating condition; and

(e)  A working phone or access to a working phone in close walking proximity.

(3)  The applicant’s home, grounds, and all structures on the grounds of the property must be properly maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards. The interior and exterior must be free from dangerous objects, conditions, and hazardous materials.

(4)  The home shall have adequate lighting and ventilation, proper trash disposal, and, if recycling is available, proper recycling disposal.

(5)  The home shall be free from rodent and insect infestation.

(6)  The home shall have proper water heater temperature.

(7)  Medications, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages in the home shall be stored such that they are not accessible by a child.

(8)  Any pet or domestic animal that is suspected or known to be dangerous shall be kept in an area inaccessible to children. Dogs shall be vaccinated for rabies and comply with the provisions of section 25-2810, Idaho Code.

(9)  Swimming pools, hot tubs, and spas shall meet all state, tribal, and local safety requirements. Additionally:

(a)  Swimming pools shall have a barrier on all sides;

(b)  Swimming pools shall have their methods of access through the barrier equipped with a safety device, such as a bolt lock;

(c)  Swimming pools shall be equipped with a life saving device, such as a ring buoy;

(d)  If a swimming pool cannot be emptied after each use, it shall have a working pump and filtering system; and

(e)  Hot tubs and spas shall have safety covers that are locked when not in use.

(10) The home shall have at least one (1) functioning smoke detector on each level of occupancy of the home and at least one (1) functioning smoke detector near all sleeping areas.

(11) The home shall have at least one (1) functioning carbon monoxide detector on each level of occupancy of the home and at least one (1) functioning carbon monoxide detector near all sleeping areas. A living space that does not have equipment that produces carbon monoxide or does not have an attached garage is exempt from this requirement.

(12) The home shall:

(a)  Have at least one (1) operable fire extinguisher that is readily accessible;

(b)  Be free of obvious fire hazards such as defective heating equipment or improperly stored flammable materials;

(c)  Have a written fire emergency evacuation plan posted in a prominent place in the home and reviewed with children placed for foster care;

(d)  Maintain a comprehensive list of emergency telephone numbers, including poison control, posted in a prominent place in the home; and

(e)  Maintain first aid supplies.

(13) The home shall provide a safe sleeping space, including sleeping supplies such as a mattress and linens or appropriate cribs for each individual child, as appropriate for the child’s needs and age and similar to other household members. Foster parents may not co-sleep or bed-share with infants.

History:

[39-1211B, added 2025, ch. 124, sec. 1, p. 654.]