reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1002 - PROCEDURE WHEN WOMAN NOT ATTENDED BY LICENSED PHYSICIAN.

39-1002. PROCEDURE WHEN WOMAN NOT ATTENDED BY LICENSED PHYSICIAN. Every other person attending a pregnant or recently delivered woman in the state, but not permitted by law to take blood samples, shall within fifteen (15) days of the first examination cause a sample of blood of such woman to be taken by a licensed physician and have the sample submitted to the laboratory of the state department of health and welfare for a standard serological test for syphilis, or to a laboratory approved by said board.
History:
[39-1002, added 1943, ch. 26, sec. 2, p. 53; am. 1974, ch. 23, sec. 110, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1003 - STANDARD SEROLOGICAL TEST DEFINED.

39-1003. STANDARD SEROLOGICAL TEST DEFINED. For the purpose of sections 39-1001—39-1006, Idaho Code, a standard serological test shall be a test for syphilis approved by the state board of health and welfare.
History:
[39-1003, added 1943, ch. 26, sec. 3, p. 53; am. 1974, ch. 23, sec. 111, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1004 - LABORATORY REPORT OF TEST.

39-1004. LABORATORY REPORT OF TEST. The laboratory analyzing the blood sample shall furnish to the physician offering the sample a detailed report of the standard serological test, and including the result of the test. If the laboratory is not operated by the state department of health and welfare, a copy of such report shall be filed with the department. The report shall be held in absolute confidence, and shall not be open to public inspection.
History:
[39-1004, added 1943, ch. 26, sec. 4, p. 53; am. 1974, ch. 23, sec. 112, p. 633.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1005 - REPORTS OF BIRTHS AND STILLBIRTHS TO NOTE MAKING OF TEST.

39-1005. REPORTS OF BIRTHS AND STILLBIRTHS TO NOTE MAKING OF TEST. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificates of birth or death whether a standard serological test for syphilis has been made upon a sample of blood taken from the woman who bore the child for which a certificate is filed, and the approximate date when the sample was taken. The birth or death certificate shall not state the result of the test.
History:
[39-1005, added 1943, ch. 26, sec. 5, p. 53.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 10 - PREVENTION OF CONGENITAL SYPHILIS › Section 39-1006 - PENALTY FOR VIOLATIONS.

39-1006. PENALTY FOR VIOLATIONS. Any person who violates the provisions of sections 39-1001—39-1006 shall be guilty of a misdemeanor; provided, however, that every licensed physician or other person attending a pregnant or recently delivered woman, who requests such sample in accordance with the provisions of sections 39-1001—39-1006, and whose request is refused, shall not be guilty of a misdemeanor.
History:
[39-1006, added 1943, ch. 26, sec. 6, p. 53.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1101 - POLICY.

39-1101. POLICY. It is hereby declared to be the policy of this state to establish a minimum statewide system for the protection of children in daycare facilities. This system is intended to establish minimum standards, while still leaving primary responsibility for evaluation and selection of daycare services with parents. The minimum standards established by this chapter shall not be construed as preempting more stringent regulation by county or city ordinance.
History:
[39-1101, added 1987, ch. 56, sec. 1, p. 92; am. 2009, ch. 295, sec. 1, p. 873.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1102 - DEFINITIONS.

39-1102. DEFINITIONS. As used in this chapter:
(1) "Board" means the Idaho board of health and welfare.
(2) "Child" means a person less than thirteen (13) years of age.
(3) "Daycare" means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes.
(4) "Daycare center" means a place or facility providing daycare for compensation for thirteen (13) or more children.
(5) "Daycare facility" means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider.
(6) "Department" means the Idaho department of health and welfare.
(7) "Employee" means any person working for compensation in a facility that provides daycare.
(8) "Family daycare home" means a home, place, or facility providing daycare for six (6) or fewer children.
(9) "Group daycare facility" means a home, place, or facility providing daycare for seven (7) to twelve (12) children.
(10) "Group size" means the maximum number of children in one (1) group or classroom.
(11) "Mixed age group" means a care group that includes children of multiple ages.
(12) "Ratio" means the number of staff required to supervise a certain number of children.
(13) "Single age group" means a care group that includes children of similar age.
(14) "Training" means continuing education in child development areas relating to child care. Training can be acquired through a variety of methods including, but not limited to, the viewing of audio visual materials, correspondence courses, community workshops and in-house training.
History:
[39-1102, added 1987, ch. 56, sec. 1, p. 93; am. 2009, ch. 295, sec. 2, p. 873.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1103 - LICENSING AUTHORITY.

39-1103. LICENSING AUTHORITY. The department is hereby authorized and directed to issue "basic daycare licenses" as provided in this chapter. The department is authorized to establish procedures for issuing licenses to daycare facilities which shall be maintained and operated in conformity with the standards authorized in this chapter. Nothing in this chapter shall be construed to limit or restrict the teaching of religious doctrines, values, or tenets in a facility licensed under the provisions of this chapter. The provisions of this chapter shall not apply to:
(1) The occasional care of a neighbor’s, relative’s or friend’s child or children by a person not ordinarily in the business of providing daycare;
(2) The operation of a school for educational purposes for children over four (4) years of age or a kindergarten;
(3) The provision of occasional care exclusively for children of parents who are simultaneously in the same building;
(4) The operation of day camps, programs, and religious schools for less than twelve (12) weeks during a calendar year or not more often than once a week and after school programs for children over four (4) years of age or in kindergarten; or
(5) The provision of care for children of a family within the second degree of relationship.
History:
[39-1103, added 1987, ch. 56, sec. 1, p. 93; am. 2009, ch. 295, sec. 3, p. 874; am. 2023, ch. 299, sec. 1, p. 909.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1104 - APPLICATION FOR LICENSE — FIRE SAFETY AND HEALTH INSPECTIONS.

39-1104. APPLICATION FOR LICENSE — FIRE SAFETY AND HEALTH INSPECTIONS. (1) Application. A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age, shall submit an application on the forms provided by the department, and shall obtain the required certificates of inspection as provided herein.
(2) Inspections. A person who wishes to operate a daycare facility shall submit: (a) a certificate of a fire inspection of the proposed center, conducted by a fire department or fire district official, establishing compliance with the minimum standards specified in section 39-1109, Idaho Code; and (b) a health and safety inspection of the proposed facility conducted by a qualified inspector as designated by the department, establishing compliance with the minimum standards specified in sections 39-1109 and 39-1110, Idaho Code.
(3) Continued compliance and reinspection. Daycare facilities shall at all times maintain compliance with the safety and health requirements identified in this chapter. The department may cause any daycare facility to be reinspected during the term of a license for safety and health compliance as determined necessary by the department. No charge for any reinspection after the initial inspection in any license period shall be made to the daycare facility.
History:
[39-1104, added 1987, ch. 56, sec. 1, p. 94; am. 2009, ch. 295, sec. 4, p. 874.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1105 - CRIMINAL HISTORY CHECKS.

39-1105. CRIMINAL HISTORY CHECKS. (1) All owners, operators, and employees of a daycare facility who have direct contact with children and all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility shall complete and pass a criminal history and background check in conformance with section 56-1004A, Idaho Code, at least every five (5) years.
(2) Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.
(3) Notwithstanding the provisions of section 39-1103, Idaho Code, which provide for exemption from the provisions of this chapter, any person who owns, operates or is employed by a private school for educational purposes for children four (4) through six (6) years of age or a private kindergarten shall comply with the provisions of this section.
History:
[39-1105, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 90, sec. 1, p. 279; am. 1994, ch. 453, sec. 1, p. 1443; am. 2000, ch. 191, sec. 1, p. 472; am. 2009, ch. 295, sec. 5, p. 875; am. 2020, ch. 291, sec. 1, p. 840.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1106 - ISSUANCE OF LICENSE — RENEWAL.

39-1106. ISSUANCE OF LICENSE — RENEWAL. (1) Upon receipt of the application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the minimum standards set forth in this chapter, issue a basic daycare license to the applicant. The license shall be valid for two (2) years and shall be posted in a conspicuous place at the daycare facility.
(2) The department shall send a renewal application to the owner of the daycare facility no later than ninety (90) days prior to the expiration of an existing license. The owner shall submit to the department the renewal application with the required renewal fee and a criminal history check prior to the expiration of the existing license. A complete criminal history check shall be provided for any new persons requiring a criminal history check in accordance with section 39-1105, Idaho Code.
(3) Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.
(4) The department shall maintain a list of all licensees for public use.
(5) Submission of a renewal application, fee and required criminal history check shall entitle the daycare facility owner to continue daycare services, subject to action by the department pursuant to section 39-1113, Idaho Code.
History:
[39-1106, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 90, sec. 2, p. 279; am. 2009, ch. 295, sec. 6, p. 875; am. 2020, ch. 291, sec. 2, p. 841.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1107 - FEES.

39-1107. FEES. (1) The department shall establish by rule the maximum total fee to be assessed for a basic daycare license which shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with thirteen (13) to twenty-five (25) children in attendance at any given time and one hundred dollars ($100) for group daycare facilities. Criminal history background check fees shall be in addition, but at actual cost. No other fees shall be charged for each license period. The department may allocate the fees to daycare licensing administration costs as it deems appropriate.
(2) The department is authorized to utilize Idaho child care program funds as otherwise allowed by law to pay for the costs associated with licensing of daycare facilities to the extent that fees collected from the facilities do not fully cover such costs. It is the intent of the legislature that licensing fees and Idaho child care program funds shall fully fund daycare facility licensing administration.
History:
[39-1107, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 72, sec. 1, p. 208; am. 1993, ch. 23, sec. 1, p. 83; am. 2009, ch. 295, sec. 7, p. 876; am. 2011, ch. 274, sec. 1, p. 744.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1108 - LOCAL OPTION.

39-1108. LOCAL OPTION. (1) If a city or county, within its respective jurisdiction, has adopted an ordinance for regulation and/or licensing of daycare services, then the provisions of this chapter shall not apply with such city or county unless the ordinance is subsequently repealed. To qualify for exemption, regulation of centers must include a criminal history background check at least as stringent as the check required in section 39-1105, Idaho Code, compliance with safety standards at least as stringent as required in section 39-1109, Idaho Code, compliance with health standards at least as stringent as required in section 39-1110, Idaho Code, compliance with immunization requirements at least as stringent as required in section 39-1118, Idaho Code, and compliance with training requirements at least as stringent as required in section 39-1119, Idaho Code. Cities and counties are hereby granted authority and may adopt ordinances for regulation and/or licensing of daycare services.
(2) For purposes of determining whether or not local options are more stringent than as required in section 39-1109, Idaho Code, a city or county within its respective jurisdiction may, but is not required to, count a child or children of a provider for purposes of determining child:staff ratios.
History:
[39-1108, added 1987, ch. 56, sec. 1, p. 95; am. 1992, ch. 50, sec. 1, p. 155; am. 1993, ch. 416, sec. 1, p. 1528; am. 2009, ch. 295, sec. 8, p. 876; am. 2011, ch. 274, sec. 2, p. 744.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1110 - HEALTH STANDARDS.

39-1110. HEALTH STANDARDS. Daycare facilities shall comply with the following health standards:
(1) Food for use in daycare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to use to prevent contamination;
(2) All food that is to be served in daycare facilities shall be stored in such a manner that it is protected from potential contamination;
(3) Diaper changing shall be conducted in such a manner as to prevent the spread of communicable diseases;
(4) Sleeping and play areas, restrooms and fixtures shall be maintained in a safe, sanitary condition, and infant sleep areas shall consist of a space in which children up to age twelve (12) months may sleep alone, on their backs, and in a crib;
(5) Children and facility personnel shall be provided with individual or disposable towels for handwashing and the handwashing area shall be equipped with soap and hot and cold running water;
(6) The water supply, where the source is other than a public water system, must be approved in accordance with the rules adopted by the department;
(7) Medicines, cleaning supplies and other hazardous substances must be stored out of reach of children;
(8) Smoking or alcohol consumption is prohibited on the premises of a daycare facility during the daycare facility’s hours of operation; and
(9) Representatives of health and safety inspectors shall not be denied access to a daycare facility during hours of operation for purposes of control of communicable disease or inspection.
History:
[39-1110, added 1987, ch. 56, sec. 1, p. 95; am. 1994, ch. 147, sec. 1, p. 335; am. 2009, ch. 295, sec. 10, p. 878; am. 2020, ch. 291, sec. 3, p. 841.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1111 - RULES AUTHORIZED.

39-1111. RULES AUTHORIZED. In order to implement the provisions of this chapter, the department, in addition to other duties imposed by law, is hereby authorized and directed through rulemaking to establish procedures necessary to implement the provisions of this chapter including procedure for submission of required certificates as provided in sections 39-1109 and 39-1110, Idaho Code, and to conduct the criminal history check provided in section 39-1105, Idaho Code.
The rulemaking authority granted in this section shall be limited to the specific standards and procedures required by this chapter.
History:
[39-1111, added 1987, ch. 56, sec. 1, p. 96; am. 2009, ch. 295, sec. 11, p. 879.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1112 - VISITATION.

39-1112. VISITATION. Any parent or guardian shall have the absolute right to enter the premises of any facility during the period of care for the parent’s or guardian’s child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for suspension or revocation of the license, pursuant to section 39-1113, Idaho Code. If a parent or guardian has been granted limited or has been denied visitation rights by a court of competent jurisdiction, this section shall not confer a right to visitation.
History:
[39-1112, added 1987, ch. 56, sec. 1, p. 96.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1112A - ACCESS TO INFORMATION.

39-1112A. ACCESS TO INFORMATION. The department shall make available to daycare consumers an informational pamphlet, created by the department, to educate daycare consumers with informational tools useful in identifying quality daycare. The department may deliver pamphlets during direct contact with daycare consumers, or by delivering pamphlets to daycare providers during the licensing or renewal process, during inspections or through other appropriate means. The pamphlet shall include:
(1) The importance of parents being vigilant for the safety, emotional health and training of their children that cannot be replaced by any other institution or individual;
(2) The basic characteristics of a quality daycare;
(3) A strong suggestion to parents to inquire about criminal history checks for any provider in a family daycare home;
(4) A link to a department approved website that contains more detailed information; and
(5) A department or other phone number for parents to report unsafe, dangerous or harmful activities within the daycare.
History:
[39-1112A, added 2009, ch. 295, sec. 12, p. 879.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1114 - LIMITED APPLICATIONS.

39-1114. LIMITED APPLICATIONS. (1) Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check.
(2) Fire inspections may be conducted by department designated health and safety inspectors where necessary. The fire inspection certificate and the criminal history check shall be available for inspection on the premises.
(3) A family daycare home providing care for fewer than seven (7) children may elect to comply with the provisions of this chapter and upon a finding of compliance by the department, shall receive a basic daycare license.
History:
[39-1114, added 1987, ch. 56, sec. 1, p. 96; am. 2009, ch. 295, sec. 14, p. 881.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1115 - MISDEMEANOR.

39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a daycare facility within this state without first obtaining a basic daycare license from the department or to operate a daycare facility without posting a basic daycare license in a conspicuous place. A copy of this chapter shall be available on the premises at all times for staff and parents to read on request.
(2) If a daycare facility is found to be operating without a license, the licensing agency may grant a grace period of no more than sixty (60) days to allow the daycare facility to come into compliance with the provisions of this chapter.
(3) It shall be a misdemeanor to operate a family daycare home caring for four (4) or more children without obtaining the criminal history check required in section 39-1105, Idaho Code; provided, that in the event of an initial citation for violation of the provisions of this subsection, if a person makes the applications required within twenty (20) days, the complaint shall be dismissed. Operation of a family daycare home caring for four (4) or more children after failure to pass a required criminal history check shall be a misdemeanor.
(4) It is a misdemeanor for any person to provide daycare services if such person has been found guilty in this state’s courts, in any other state’s courts, or in any federal court, of any offense listed under the provisions of section 39-1113, Idaho Code.
History:
[39-1115, added 1987, ch. 56, sec. 1, p. 97; am. 1992, ch. 90, sec. 4, p. 281; am. 2009, ch. 295, sec. 15, p. 881.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1116 - PROSECUTION.

39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of the county in which the daycare facility is located to prosecute violations of the provisions of this chapter.
History:
[39-1116, added 1987, ch. 56, sec. 1, p. 97; am. 2009, ch. 295, sec. 16, p. 882.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1117 - NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS.

39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of a license or certificate pursuant to this chapter shall not constitute a representation of affirmance to any person that the daycare facility to which a license is issued is free from risk with regard to the standards in this chapter. The state, its political subdivisions or any employees or agents of the state or its political subdivisions shall not be liable for nor shall a cause of action exist for any loss or damage based upon the failure of any person to meet the standards contained in this chapter.
History:
[39-1117, added 1987, ch. 56, sec. 1, p. 97; am. 2009, ch. 295, sec. 17, p. 882.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1118 - IMMUNIZATION REQUIRED.

39-1118. IMMUNIZATION REQUIRED.
(1)(a) Within fourteen (14) days of a child’s initial attendance at any licensed daycare facility, the parent or guardian shall provide an immunization record to the operator of the daycare facility regarding the child’s immunity to certain childhood diseases. This record, signed by a physician or his representative or another licensed health care professional, shall verify that the child has received or is in the process of receiving immunizations as specified by the board; or can effectively demonstrate, through verification in a form approved by the department, immunity gained through prior contraction of the disease.
(b) Immunizations required and the manner and frequency of their administration shall be as prescribed by the board and shall conform to recognized standard medical practices in the state. The board shall promulgate appropriate rules for the enforcement of the required immunization program and specify reporting requirements of daycare facilities, pursuant to the provisions of chapter 52, title 67, Idaho Code.
(2) Any minor child whose parent or guardian has submitted to officials of a licensed daycare facility a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the required immunizations would endanger the life or health of the child shall be exempt from the provisions of this section. Any minor child whose parent or guardian has submitted a signed statement to officials of the daycare facility stating their objections on religious or other grounds shall be exempt from the provisions of this section.
(3) Licensed daycare facilities shall describe the exemptions provided in subsection (2) of this section and shall provide a citation to this code section in any communication to parents or guardians regarding immunization.
History:
[39-1118, added 1990, ch. 150, sec. 1, p. 334; am. 2009, ch. 295, sec. 18, p. 882; am. 2011, ch. 103, sec. 1, p. 266; am. 2023, ch. 72, sec. 1, p. 240.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1119 - TRAINING REQUIREMENTS.

39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care center shall ensure that each employee receives four (4) hours of ongoing training every twelve (12) months after the employee’s hire date.
History:
[39-1119, added 1993, ch. 416, sec. 2, p. 1529.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 11 - BASIC DAY CARE LICENSE › Section 39-1120 - NONDELEGABLE DUTIES AND RESPONSIBILITIES.

39-1120. NONDELEGABLE DUTIES AND RESPONSIBILITIES. The department’s duties and responsibilities under this chapter are nondelegable.
History:
[39-1120, added 2009, ch. 295, sec. 19, p. 883.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1201 - POLICY.

39-1201. POLICY. It is hereby declared to be the policy of this state to insure that children of this state shall receive adequate substitute parental care in the event of absence, temporary or permanent inability of parents to provide care and protection for their children or the parents are seeking alternative twenty-four (24) hour long-term care for their children. This policy is predicated upon the fact that children are vulnerable, not capable of protecting themselves, and when their parents for any reason have relinquished their care to others, there arises the possibility of certain risks to the children’s lives, health and safety which the community as a whole must protect against. This requires the offsetting statutory protection of review and, in certain instances, licensing or registration.
The provisions of this chapter shall apply only to those entities specifically addressed herein. It is not the intent of the legislature to restrict, regulate, or otherwise control private day schools or home schools.
History:
[(39-1201) 1963, ch. 320, sec. 1, p. 901; am. and redesignated 1990, ch. 215, sec. 2, p. 569.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1203 - FILING OF DISCLOSURE REPORTS.

39-1203. FILING OF DISCLOSURE REPORTS. All children’s institutions except foster homes shall file with the department a disclosure report as designed by the department and containing only such information as set forth in section 39-1204, Idaho Code. All such disclosure reports shall be signed under oath by the administrative employee responsible for operation of the children’s institution.
(1) An initial disclosure report shall be filed with the department:
(a) Within six (6) months of the effective date of this chapter for all children’s institutions which are providing child care on the effective date of this chapter; or
(b) At least thirty (30) days prior to the acceptance of any child for child care.
(2) An annual update disclosure report shall be filed by all children’s institutions except foster homes each year within thirty (30) days of the anniversary of the filing of the initial disclosure report. The department may waive the filing of an annual disclosure report by any children’s institution.
History:
[39-1203, added 1990, ch. 215, sec. 4, p. 571; am. 1990, ch. 214, sec. 2, p. 566.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1204 - FORM FOR DISCLOSURE REPORT.

39-1204. FORM FOR DISCLOSURE REPORT. (1) The department shall design a form for the initial disclosure report which shall contain only the following information:
(a) The name, address and telephone number(s) for each children’s agency or children’s institution.
(b) The name(s), address and telephone number(s) of the individual(s) in charge at each children’s agency or children’s institution.
(c) The number of children that can be accommodated for child care at each children’s institution and a description of such accommodations.
(d) Whether and how the children’s institution seeks, receives or enrolls students for treatment of special needs such as substance abuse, mental illness, emotional disturbance, developmental disability, intellectual disability, or students who have been identified by the judicial system as requiring treatment, therapy, rehabilitation or supervision.
(e) A complete description of the child care services to be provided at each children’s institution.
(f) Whether and how the children’s institution expects to receive payment, including payment from health insurance carriers, for identified treatment needs such as substance abuse, mental illness, emotional disturbance, developmental disability, or intellectual disability.
(g) Whether and how the children’s institution represents to the payor of the child care services provided by the children’s institution that such payment may qualify for health insurance reimbursement by the payor’s carrier or may qualify for tax benefits relating to medical services.
(h) A description of the educational programs provided at each children’s institution and their accreditation status.
(2) The department shall design a form for the annual update disclosure report which shall reference the information provided in the initial disclosure report and shall request identification of any changes in the information provided on the initial report or the previous annual update disclosure report.
History:
[39-1204, added 1990, ch. 215, sec. 5, p. 571; am. 2002, ch. 219, sec. 2, p. 601; am. 2010, ch. 235, sec. 23, p. 562.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1205 - EVALUATION OF DISCLOSURE REPORTS.

39-1205. EVALUATION OF DISCLOSURE REPORTS. The department shall review all initial and annual update disclosure reports and shall categorize each children’s institution, based on the type of care provided, into one (1) of the following categories:
(1) Foster homes;
(2) Residential schools;
(3) Children’s camps;
(4) Children’s therapeutic outdoor program; or
(5) Each children’s institution not otherwise categorized in subsections (1) through (4) of this section, except any day school, shall be designated as a "children’s residential care facility."
History:
[39-1205, added 1990, ch. 215, sec. 6, p. 572; am. 2001, ch. 93, sec. 6, p. 238; am. 2002, ch. 219, sec. 3, p. 601.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1206 - CHILDREN’S CAMPS.

39-1206. CHILDREN’S CAMPS. A children’s camp which provides child care for any one (1) child for more than nine (9) consecutive weeks in any one (1) year period shall constitute a children’s treatment facility. A children’s camp which also constitutes a residential school shall be governed under the provisions of this chapter as a residential school. A children’s camp which provides child care for any one (1) child for less than nine (9) consecutive weeks in any one (1) year period shall be exempt from the licensure and disclosure provisions of this chapter.
History:
[39-1206, added 1990, ch. 215, sec. 7, p. 572; am. 1990, ch. 214, sec. 3, p. 566.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1207 - RESIDENTIAL SCHOOLS.

39-1207. RESIDENTIAL SCHOOLS. (1) Upon receipt of an initial disclosure report from a children’s institution that the department categorizes as a residential school, the department shall provide a copy of such initial disclosure report to the Idaho department of education.
(2) The Idaho department of education shall certify to the department whether each residential school has been accredited according to the accrediting standards promulgated by the Idaho department of education, the Idaho state board of education or a secular or religious accrediting association recognized by the Idaho department of education.
(3) If a residential school has been certified as accredited under subsection (2) of this section, then the department shall exercise no further jurisdiction under this chapter over that accredited residential school so long as the accreditation for the residential school remains in effect.
(4) Upon certification of accreditation, the Idaho department of education shall notify the accredited residential school that all future update disclosure reports or other reports as the Idaho department of education may require shall be filed with the Idaho department of education so long as the accreditation remains in effect.
(5) Upon the determination by the Idaho department of education that a residential school is no longer accredited, it shall notify the department and shall notify the residential school that all future update disclosure reports must be filed with the department.
(6) A residential school that is not certified or accredited pursuant to this section or has lost accreditation shall be subject to the jurisdiction of the department as a children’s treatment facility pursuant to section 39-1210, Idaho Code, unless and until accreditation is certified by the Idaho department of education pursuant to this section.
(7) The department has the authority to postpone for up to one (1) year the designation of a nonaccredited residential school as a children’s treatment facility upon receipt of an affidavit under oath signed by a legally authorized agent of the nonaccredited residential school that application for accreditation has been made to the Idaho department of education, the Idaho state board of education or an affiliated accrediting association recognized by the Idaho department of education; and the department determines that the application is being pursued in good faith.
History:
[39-1207, added 1990, ch. 215, sec. 8, p. 573.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1208 - STANDARDS FOR CHILDREN’S THERAPEUTIC OUTDOOR PROGRAMS.

39-1208. STANDARDS FOR CHILDREN’S THERAPEUTIC OUTDOOR PROGRAMS. The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s therapeutic outdoor program:
(1) Assure the organizational stability of the program, which may require incorporation under the laws of Idaho.
(2) Require from the policymaking authority of the program the promulgation of a statement setting forth the program’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.
(3) Require a statement of solvency sufficient to maintain programs and personnel necessary to achieve its purposes and objectives and to maintain its services.
(4) Assure such recordkeeping and reporting as may be deemed necessary to the program’s services and to the department’s licensing responsibility.
(5) Assure the safety and physical care of children for whom the program assumes or accepts responsibility.
(6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the program for the child.
(7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the program’s purposes and physical demands.
(8) The department shall obtain a criminal history check on the owners, operators and employees of all children’s therapeutic outdoor programs. The criminal history check shall be fingerprint based and include the following:
(a) Statewide criminal identification bureau;
(b) Federal bureau of investigation (FBI) criminal history;
(c) National crime information center; and
(d) Statewide child abuse register.
History:
[39-1208, added 2002, ch. 219, sec. 4, p. 602.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1209 - STANDARDS FOR CHILDREN’S AGENCIES.

39-1209. STANDARDS FOR CHILDREN’S AGENCIES. The board shall have the power and it shall be its duty to promulgate appropriate rules and regulations necessary to implement and enforce the following standards for licensing children’s agencies to:
(1) Assure the organizational stability of children’s agencies, which may require incorporation under the laws of this state;
(2) Require from the policy-making authority of the agency a statement setting forth the agency’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served;
(3) Require a statement of financial solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services.
History:
[39-1209, added 1990, ch. 215, sec. 10, p. 574.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1210 - STANDARDS FOR CHILDREN’S RESIDENTIAL CARE FACILITIES.

39-1210. STANDARDS FOR CHILDREN’S RESIDENTIAL CARE FACILITIES. The board of health and welfare shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s residential care facility:
(1) Assure the organizational stability of the facility, which may require incorporation under the laws of Idaho.
(2) Require from the policy-making authority of the facility the promulgation of a statement setting forth the facility’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.
(3) Require a statement of solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services.
(4) Assure such recordkeeping and reporting as may be deemed necessary to the facility’s services and to the department’s licensing responsibility.
(5) Assure the safety and physical care of children for whom the facility assumes or accepts responsibility.
(6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the facility for the child.
(7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the facility’s purposes and facilities.
(8) Provide through observation and collateral inquiry for studies of homes into which children may be placed sufficient to enable a judgment determining the adequacy of the homes in relation to the needs of the children.
(9) In the case of an institution specializing in maternity care to unmarried mothers:
(a) Assure social services on behalf of both the mother and infant; and
(b) Assure protection of the legal rights and rights to confidential treatment of minor unmarried mothers and their children which shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(10) The department shall obtain a criminal history check on the owners, operators and employees of all children’s residential care facilities. The criminal history check shall include the following:
(a) Statewide criminal identification bureau;
(b) Federal bureau of investigation (FBI) criminal history;
(c) National crime information center; and
(d) Statewide child abuse register.
History:
[39-1210, added 1963, ch. 320, sec. 3, p. 901; am. 1980, ch. 325, sec. 3, p. 825; am. 1990, ch. 213, sec. 40, p. 513; am. 1990, ch. 215, sec. 11, p. 574; am. 2001, ch. 93, sec. 8, p. 239; am. 2015, ch. 141, sec. 86, p. 441.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1211 - STANDARDS FOR FOSTER HOMES — BOARD AUTHORIZED TO IMPLEMENT AND ENFORCE.

39-1211. STANDARDS FOR FOSTER HOMES — BOARD AUTHORIZED TO IMPLEMENT AND ENFORCE. The board of health and welfare shall have the power, and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing private foster homes pursuant to this chapter. Such rules shall:
(1) Require evidence of income and resources sufficient to maintain the home and the services offered.
(2) Require such recordkeeping and reporting regarding children’s status and progress as may be deemed necessary.
(3) Assure the safety and adequate physical care of children under care.
(4) Require that foster parents be physically and emotionally suited to care for unrelated children and to deal with problems presented by children away from their own homes and own parents and shall require a criminal background check.
Provided, however, nothing in this chapter shall be construed to cover the occasional or irregular care of a neighbor’s, relative’s or friend’s child or children by a person not ordinarily engaged in child care.
History:
[39-1211, added 1963, ch. 320, sec. 4, p. 901; am. 1972, ch. 196, sec. 5, p. 483; am. 1974, ch. 23, sec. 114, p. 633; am. 1987, ch. 56, sec. 3, p. 92; am. 1990, ch. 215, sec. 12, p. 575; am. 2001, ch. 93, sec. 9, p. 240.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1211A - RELATIVE FOSTER CARE — LIMITED VARIANCE OR WAIVER.

39-1211A. RELATIVE FOSTER CARE — LIMITED VARIANCE OR WAIVER. (1) A relative providing foster care for a related 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 if, in the department’s judgment, the health and safety of the related 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.
(5) The board shall promulgate appropriate rules necessary to implement and enforce the provisions of this section.
History:
[39-1211A, added 2010, ch. 147, sec. 5, p. 321.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1212 - APPLICATION OF ADMINISTRATIVE PROCEDURES ACT.

39-1212. APPLICATION OF ADMINISTRATIVE PROCEDURES ACT. Actions of the department relating to adoption of rules and regulations, notice, hearings, appeals from decisions of the department or the director, and review shall be governed by the provisions of chapter 52, title 67, Idaho Code, the administrative procedures act.
History:
[39-1212, added 1990, ch. 215, sec. 14, p. 576.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1213 - LICENSING AUTHORITY.

39-1213. LICENSING AUTHORITY. (a) The board of health and welfare is hereby authorized and directed to establish procedures for licensing foster homes, children’s agencies, children’s therapeutic outdoor programs and children’s residential care facilities which are maintained and operated in conformity with the rules and standards authorized herein. Such procedures shall include the manner and form for making application for license, investigation upon application and notice of decision.
(b) It is recognized that children’s agencies may have their own procedure for approval of foster homes affiliated with their program. Any foster home which has been approved by a licensed children’s agency shall be exempt from the licensing provisions of this chapter, provided that the standards for approval by such agency are no less restrictive than rules and standards established by the board of health and welfare, and provided further that such children’s agency is maintained and operated in conformity with rules and standards of the board of health and welfare. The board of health and welfare may promulgate rules necessary to implement the provisions of this section.
(c) The board of health and welfare is hereby authorized to establish rules allowing for continued care for appropriate individuals eighteen (18) to twenty-one (21) years of age who have been receiving services by, through, or with the authorization of the department of health and welfare or the department of juvenile corrections prior to their eighteenth birthday.
History:
[39-1213, added 1963, ch. 320, sec. 6, p. 901; am. 1974, ch. 23, sec. 116, p. 633; am. 1980, ch. 302, sec. 1, p. 780; am. 1990, ch. 215, sec. 15, p. 576; am. 2001, ch. 93, sec. 10, p. 240; am. 2002, ch. 219, sec. 5, p. 602.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1214 - ELIGIBILITY FOR LICENSE.

39-1214. ELIGIBILITY FOR LICENSE. Any foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility which applies for a license in the manner and form prescribed by the board of health and welfare and is found upon investigation by the department to be established in conformity with the rules and standards established by the department under the authority conferred herein shall be licensed for a period of one (1) year.
History:
[39-1214, added 1963, ch. 320, sec. 7, p. 901; am. 1990, ch. 215, sec. 16, p. 576; am. 2001, ch. 93, sec. 11, p. 241; am. 2002, ch. 219, sec. 6, p. 603.]
2023 Idaho Code › Title 39 - HEALTH AND SAFETY › Chapter 12 - CHILD CARE LICENSING REFORM ACT › Section 39-1215 - EXPIRATION — RENEWAL.

39-1215. EXPIRATION — RENEWAL. If a licensee desires to apply for a renewal of its license, an application for renewal shall be filed sixty (60) days prior to the expiration date of the license in force. When such application for renewal has been made in the proper manner and form, the existing license shall, unless officially revoked, remain in force until the department has acted on the application for renewal.
History:
[39-1215, added 1963, ch. 320, sec. 8, p. 901.]