TITLE 39

HEALTH AND SAFETY

CHAPTER 13

HOSPITAL LICENSES AND INSPECTION

39-1301A.  Waivers for certified family homes — Definitions. (1) Chapter 13, title 39, Idaho Code, shall not have the effect of preventing two (2) persons in need of the care described in section 39-1301(b), Idaho Code, from residing in a certified family home when:

(a)  Each of the persons has given a written statement to the department requesting the arrangement and each person making the request is informed, not coerced, and competent; and

(b)  The department finds the arrangement safe and effective; and

(c)  The department issues a written waiver permitting the arrangement.

(2)  The department shall use negotiated rulemaking when promulgating rules to carry out the provisions of this section to ensure a person’s ability to choose services and service provider is considered.

(3)  The department shall revoke any waiver granted pursuant to this section where it is determined there is a threat to the life or safety of either person or where one (1) of the persons leaves the living arrangement permanently or notifies the department in writing that he does not wish to reside in the setting with the other individual. Any waiver granted under this section shall be reviewed annually.

History:

[(39-1301A) 39-1301a, added 1998, ch. 238, sec. 1, p. 795; am. and redesig. 2000, ch. 274, sec. 6, p. 807.]