TITLE 39

HEALTH AND SAFETY

CHAPTER 35

IDAHO CERTIFIED FAMILY HOMES

39-3502.  Definitions. As used in this chapter:

(1)  "Abuse" means a nonaccidental act of sexual, physical, or mental mistreatment or injury of a resident through the action or inaction of another individual.

(2)  "Activities of daily living" means the performance of basic self-care activities in meeting resident needs to sustain the resident in a daily living environment, including but not limited to bathing, washing, dressing, toileting, grooming, eating, communication, continence, mobility, and associated tasks.

(3)  "Adult" means a person who has attained the age of eighteen (18) years.

(4)  "Advocate" means an authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of a population group served by the certified family home.

(5)  "Assessment" means the conclusions reached using uniform criteria that identifies resident strengths, weaknesses, risks, and functional, medical, and behavioral needs.

(6)  "Board" means the board of health and welfare.

(7)  "Care provider" means the adult member of the certified family home designated as the care provider on the certificate issued by the department. The care provider is responsible for ensuring the resident’s needs are met, maintaining the home, and otherwise ensuring compliance with all laws and rules pertaining to the care provider’s certification. The care provider and the legal owner of the home may not necessarily be the same person.

(8)  "Certified family home" means a home and care provider certified by the department to provide housing in a family-style living environment and care to one (1) to four (4) residents.

(9)  "Certifying agent" means any person who under the authority of the department participates in the certification, inspection, and regulation of a proposed or existing certified family home.

(10) "Chemical restraint" means any drug that is used for discipline or convenience and not required to treat medical symptoms.

(11) "Core issues" means any of the following: abuse; neglect; exploitation; inadequate care; inoperable fire detection or extinguishing systems with no fire watch in place pending the correction of the system; operation without required department criminal history and background check clearances or with an unconditional denial of such clearance; and situations in which advocates, representatives of the department, or certifying agents are denied access to records, residents, or the certified family home according to their respective authorities.

(12) "Critical incident" means any actual or alleged event or situation that creates a significant risk of serious harm to the safety or well-being of a resident.

(13) "Department" means the Idaho department of health and welfare.

(14) "Director" means the director of the Idaho department of health and welfare.

(15) "Exploitation" means the illegal or improper use of, control over, or withholding of the property, income, resources, or trust fund of a vulnerable adult by any person or entity for profit or advantage other than for the vulnerable adult’s profit or advantage.

(16) "Governmental unit" means the state, any county, any city, any other political subdivision, or any department, division, board, or other agency thereof.

(17) "Health care professional" means a licensed worker in the field of medicine, nursing, anesthesiology, occupational or physical therapy, chiropractics, counseling, nutrition, dentistry, optometry, audiology, psychiatry, or any other profession focused on diagnosing or treating human health or wellness licensed by the state of Idaho.

(18) "Inadequate care" occurs when a certified family home: fails to provide the services required to meet the terms of any resident’s negotiated plan of service or to provide for room, board, assistance as needed with activities of daily living or instrumental activities of daily living, appropriate supervision, proper assistance and monitoring of medications, first aid or other emergency intervention as needed, coordination of supportive services, or a safe living environment; engages in any violation of residents’ rights; or admits or retains residents in violation of the provisions of section 39-3507, Idaho Code.

(19) "Incidental supervision" occurs when the care provider designates a responsible adult to provide only short-term supervision to the resident in the brief absence of the care provider.

(20) "Instrumental activities of daily living" means the performance of secondary level activities that enable a person to live independently in the community, including but not limited to preparing meals, accessing transportation, shopping, laundry, money management, housework, using tools and technology, and other associated tasks.

(21) "Medical foster home" means a private home approved by the department of veterans affairs in which a caregiver provides long-term primary health care to veteran residents with serious chronic disease and disability, as described in 38 CFR 17.

(22) "Neglect" means failure to ensure the provision of adequate food, clothing, shelter, or medical care reasonably necessary to sustain the life and health of a resident.

(23) "Personal assistance" means the provision by the certified family home of one (1) or more of the following services:

(a)  Assisting the resident with activities of daily living or instrumental activities of daily living;

(b)  Assisting the resident with medications;

(c)  Coordinating supportive services for the resident;

(d)  Supporting the resident with adequate and appropriate supervision; and

(e)  Encouraging the resident toward independence and supporting the resident’s self-advocacy.

(24) "Physical restraint" means any manual method or physical or mechanical device, equipment, or material that is attached or adjacent to the resident’s body and that cannot be easily removed by the resident, that restricts the resident’s movement or normal access to the resident’s body, and that is imposed on the resident for reasons of discipline or convenience and not as a treatment for a condition as ordered by the resident’s health care professional.

(25) "Plan of service" means the negotiated agreement reached between the care provider and the resident or the resident representative, if applicable, describing the obligations of the certified family home for the resident’s care.

(26) "Political subdivision" means a city or county.

(27) "Primary residence" means a person’s place of permanent domicile or residence and to which, when the person is temporarily absent, the person intends to return.

(28) "Relative" means a person related by birth, adoption, or marriage to the third degree, including spouses, parents, children, siblings, grandparents, grandchildren, aunts, uncles, nephews, nieces, great-grandparents, great-grandchildren, great-aunts, great-uncles, and first cousins.

(29) "Representative of the department" means an employee of the department.

(30) "Resident" means an adult who lives in a certified family home who has contracted with the care provider to receive care and housing and who is not able to reside in his own home without personal assistance or who requires help in daily living, protection and security, supervision, or encouragement toward independence.

(31)(a)  "Resident representative" means any of the following:

(i)   A court-appointed guardian or conservator of the resident;

(ii)  A person authorized by state or federal law, including but not limited to agents under power of attorney or representative payees and other fiduciaries, to act on behalf of the resident in order to: support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications;

(iii) A legal representative who stands in place of the resident under authority recognized by law with respect to the resident’s property or interests; or

(iv)  An individual chosen by the resident in writing to act on behalf of the resident in order to: support the resident in decision-making; access medical, social, or other personal information of the resident; manage financial matters; or receive notifications.

(b)  Nothing in this subsection is intended to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law, or a court of competent jurisdiction or to limit the number of representatives a resident may have.

(32) "Room and board" means lodging and meals.

(33) "Substitute caregiver" means an adult designated by the care provider to provide care and services to residents in a certified family home in the temporary absence of the regular care provider.

(34) "Supervision" means activity that provides protection, guidance, knowledge of the resident’s whereabouts, and monitoring of the activities of the resident while under the care of certified family home staff to ensure the resident’s safety and well-being.

(35) "Supportive services" means any service pertaining to the resident’s well-being that is not directly provided by the care provider and may include but is not limited to habilitation, rehabilitation, social, legal, medical, dental, educational, mental health, or community referral services.

History:

[39-3502, added 2024, ch. 63, sec. 4, p. 312.]