TITLE 39

HEALTH AND SAFETY

CHAPTER 12

CHILD CARE LICENSING REFORM ACT

39-1226.  CRITICAL INCIDENT REPORTING IN LICENSED CHILDREN’S FACILITIES. (1) As used in this section, "critical incident" means any event that threatens or significantly impacts the physical or psychological safety, health, rights, or well-being of a child in a licensed children’s residential care facility, including but not limited to:

(a)  The death of a child;

(b)  A suicide attempt or serious self-harm;

(c)  Use of physical restraint, seclusion, or any emergency safety intervention;

(d)  Denial or unreasonable delay of requested or necessary medical care;

(e)  Admission to, or transport to or from, a hospital or emergency medical facility;

(f)  Any allegation or incident of physical, sexual, or emotional abuse or harm;

(g)  Any child detained, charged, or arrested by law enforcement or a regulatory agency;

(h)  Any unauthorized absence, runaway, or attempted elopement;

(i)  Any fire, evacuation, or environmental hazard on site;

(j)  Any condition of the facility that poses an immediate threat to health or safety; and

(k)  Any other incident designated by the department by rule.

(2)  Each licensed children’s residential facility shall:

(a)  Notify the department by close of the next business day of any critical incident using the department-approved reporting process;

(b)  Notify the child’s parent, legal guardian, or placing agency of the incident by close of the next business day, unless prohibited by court order or safety concerns documented by the agency; and

(c)  Maintain an internal critical incident log and supporting documentation, including incident reports, staff notes, and any follow-up or investigation records, which shall be made available for review during inspections.

(3)  All reports and logs must protect personally identifiable information and comply with applicable state and federal confidentiality laws, including the health insurance portability and accountability act and the family educational rights and privacy act, as applicable. The department shall:

(a)  Maintain and safeguard content of critical incident reports;

(b)  Follow best practices for emergency safety interventions;

(c)  Conduct reviews, follow-up, and data analysis of reported incidents; and

(d)  Publicize the results with any substantiated findings and enforcement actions.

(4)  This section shall not be construed to alter any reporting requirements pursuant to section 16-1605, Idaho Code.

History:

[39-1226, added 2026, ch. 139, sec. 5, p. 661.]