reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.892 - MINIMUM STANDARDS FOR SERVICE

Current through August 31, 2023
A certified adoption professional must meet the following
				  service requirements: (3-15-22)
01.
Description of Services Available
. A written description of
				services will be provided to families by the certified adoption professional
				before any work is completed. The description of services must include
				information regarding Department oversight of the certified adoption
				professional and any limitations related to the use of the completed home
				study; (3-15-22)
02.
Education
. Provision of, or referral to, educational resources to
				adoptive applicants requesting non-relative adoption; (3-15-22)
03.
Content
. Standards for
				pre-placement home studies, home study updates, court reports, and supervisory
				reports must, at a minimum, meet the standards for adoption services
				established by the Department in these rules; (3-15-22)
04.
Release of Information
. A
				written release of information that gives consent to the exchange of
				information between the certified adoption professional and Child and Family
				Services must be obtained from a family that receives services from a certified
				adoption professional; and (3-15-22)
05.
Disclosure of Non-Identifying
				Information
. When providing adoption supervision or adoption
				finalization court report services, the certified adoption professional must
				provide disclosure of all known non-identifying information about the child,
				the child's birth parents, and the circumstances leading to the decision to
				place the child for adoption. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.893 - RECORDS OF THE CERTIFIED ADOPTION PROFESSIONAL

Current through August 31, 2023
Records of the pre-placement home studies, court reports, and
				  supervisory reports provided by the certified adoption professional must be
				  made available to the Division of Family and Community Services designee two
				  (2) weeks prior to the required court filing date. The designee will be
				  responsible for monitoring of quality of the services provided.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.894 - FEES CHARGED BY THE DEPARTMENT

Current through August 31, 2023
Monitoring fees will accompany the submission of each report
				  and be paid directly to the Department through the Division of Family and
				  Community Services as follows:
Table 894 - Qualified
								Individuals
Home Study or Court Report
$50
Supervision Report or Home Study
								Update
$30
(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.895 - DEPARTMENT RESPONSIBILITY TO CERTIFIED ADOPTION PROFESSIONAL

Current through August 31, 2023
The Division of Family and Community Services is responsible
				  for: (3-15-22)
a. Reviewing and
				responding to submitted reports within five (5) business days;
				(3-15-22)
b. Initiation of
				corrective action plans when the documentation of a certified adoption
				professional is determined to be incorrect or substandard; and
				(3-15-22)
c. Dissemination of
				information to certified adoption professionals that may impact provided
				services. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.900 - ADOPTION ASSISTANCE

Current through August 31, 2023
The purpose of the adoption assistance program is to
				  encourage the legal adoption of children with special needs who would not be
				  able to have the security of a permanent home without support payments.
				  Applications are made through the Division of Family and Community Services,
				  Resource Development Unit for a determination of eligibility. Once an
				  application for adoption assistance is submitted to the Division of Family and
				  Community Services, the Division will respond with a determination of the
				  child's eligibility within forty-five (45) days. (3-15-22)
01.
Determination of Eligibility for
				Title IV-E Adoption Assistance
. Child and Family Services will determine
				whether a child is a child with special needs. Children applying for adoption
				assistance benefits must meet Idaho's definition of a child with special needs
				according to Section
				473 (c) of
				P.L.
				96-272(The Adoption Assistance and Child Welfare
				Act of 1980). There are five (5) ways a child can be eligible for Title IV-E
				adoption assistance: (3-15-22)
a. Child is Aid
				to Families with Dependent Children (AFDC) eligible, is in the custody or care
				of the public child welfare agency or an Indian tribe with whom the state has a
				IV-E agreement and meets the definition of a child with special needs. For
				children whose adoption assistance eligibility is based on the child's AFDC
				eligibility, the child must meet the AFDC criteria at the time of removal from
				their home. (3-15-22)
i. If the child is
				removed from their home in accordance with the first judicial determination,
				such determination must indicate that it was contrary to the welfare of the
				child to remain in the home. (3-15-22)
ii. If the child is removed from the home in
				accordance with a voluntary out-of-home placement agreement, the child must
				receive at least one (1) Title IV-E foster care payment to be eligible for
				Title IV-E adoption assistance. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.901 - ATTEMPT TO PLACE WITHOUT ADOPTION ASSISTANCE

Current through August 31, 2023
The Department is required to attempt to place all children
				  for adoption without adoption assistance. However, all adoptive families are
				  entitled to full information and disclosure regarding the adoption assistance
				  program. Once the most suitable family is located for the child, the family
				  will be informed of the needs and history of the child and asked if they can
				  adopt the child without adoption assistance. If the family indicates that they
				  need adoption assistance, the Department will begin the process of determining
				  the amount and type of benefits for the child. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.910 - TYPES AND AMOUNTS OF ASSISTANCE

Current through August 31, 2023
The needs of the child and the family, including any other
				  children in the family, will be considered in determining the amount and type
				  of support to be provided. Assistance may include the following:
				  (3-15-22)
01.
Nonrecurring
				Adoption Reimbursement
. Payment for certain one-time expenses necessary
				to finalize the adoption may be paid when a family adopts a special needs
				child. The child's eligibility must be determined and the contract for
				reimbursement must be fully executed prior to the finalization of the adoption.
				The reimbursement is paid only after the adoption finalizes. (3-15-22)
a. The expenses are defined as reasonable and
				necessary adoption fees, court costs, attorney fees, and other expenses that
				are directly related to the legal adoption finalization of a child with special
				needs and which are not incurred in violation of state or federal law. They may
				include mileage and lodging involved in visiting the child before placement
				occurs. These expenses cannot be reimbursed if they are paid for the adoptive
				parents by other sources such as an employer. (3-15-22)
b. Documentation of expenses must be
				submitted. (3-15-22)
c. Costs are
				reimbursable up to two thousand dollars ($2,000) per child and are entered on
				the Adoption Assistance Program Agreement. (3-15-22)
d. Children for whom the adoption has been
				finalized without a negotiated Nonrecurring Expenses Reimbursement Agreement
				are not eligible to apply for these benefits. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.911 - ADOPTION ASSISTANCE PROGRAM AGREEMENT

Current through August 31, 2023
A written agreement must be negotiated and fully executed
				  between the Department and adopting family prior to the finalization of
				  adoption and implementation of benefits. (3-15-22)
01.
Agreement Specifications
.
				The agreement specifies the following: (3-15-22)
a. The type and amount of assistance to be
				provided; (3-15-22)
b. That there
				will be an annual review of each agreement by the Department to evaluate the
				need for continued subsidy and the amount of the subsidy; (3-15-22)
c. That the agreed upon type and amount of
				assistance may be adjusted only with the concurrence of the adoptive parent(s)
				based upon changes in the needs of the child or changes in the circumstances of
				the adoptive family; (3-15-22)
d.
				That the adoptive parent(s) are required to inform the Department of any
				circumstances that would make them ineligible for adoption assistance payments,
				or eligible for adoption assistance payments in a different amount.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.920 - REQUEST FOR RECONSIDERATION FOR ADOPTION ASSISTANCE

Current through August 31, 2023
Families who adopted a child, or children with special needs
				  on or after April 1, 1982, through either the Department or a licensed Idaho
				  children's adoption agency, may be eligible for benefits through the Adoption
				  Assistance program. Persons who adopted their relative children, may also be
				  eligible for these adoption assistance benefits. (3-15-22)
01.
Adoption Assistance
				Agreement
. Per Public Law 96-272, the adoptive
				family must sign an adoption assistance agreement prior to the finalization of
				the adoption in order for the child to receive benefits. Adoptive families who
				were not informed of these benefits or who were wrongly denied these benefits
				may submit an application to the Department prior to the eighteenth birthday of
				the adopted child for a determination of eligibility for these benefits.
				(3-15-22)
02.
Eligibility
				Determination
.The Division of Family and Community Services determines
				eligibility based on the eligibility factors determining a special needs child
				that were in effect at the time of the child's adoption. (3-15-22)
a. If the IV-E eligibility determination
				finds that a child was eligible for these benefits at the time of the child's
				adoption, and an agreement was not signed prior to the finalization, the
				Department is required to deny benefits to the child, since no contract was in
				effect at the time of the adoption finalization. (3-15-22)
b. The adoptive family may request a fair
				hearing for adoption assistance IV-E eligibility determination. (3-15-22)
i. The determinations to be made at this
				hearing are whether extenuating circumstances exist or whether the family was
				wrongly denied eligibility, or both. (3-15-22)
ii. The Division of Family and Community
				Services may not change its eligibility determination for a child eligible for
				IV-E adoption assistance benefits and provide adoption assistance based on
				extenuating circumstances without obtaining a favorable ruling from a fair
				hearing officer. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.921 - BURDEN OF PROOF - EXTENUATING CIRCUMSTANCES

Current through August 31, 2023
The family has the burden of proving extenuating
				  circumstances at the fair hearing, although, if the state agency is in
				  agreement that the family had erroneously been denied benefits, the agency may
				  provide such facts to the family or present corroborating facts on behalf of
				  the family to the fair hearing officer. Once the hearing officer rules in favor
				  of a family that extenuating circumstance exist and that the child is eligible
				  for IV-E adoption assistance benefits, the agency must negotiate an agreement
				  with the adoptive family consistent with these rules. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION ASSISTANCE › Section 16.06.01.922 - RETROACTIVE ADOPTION ASSISTANCE BENEFITS

Current through August 31, 2023
The Department of Health and Welfare, Division of Family and
				  Community Services may negotiate retroactive adoption assistance benefits for a
				  maximum of twenty-four (24) months from the date of adoption assistance
				  application, identified in Section
				  920 of these rules.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › Section 16.06.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Sections
				39-1107,
				39-1111,
				39-1207,
				39-1211,
				39-1213,
				56-1003,
				56-1004A,
				56-1005(8), and
				56-1007, Idaho Code, the Idaho
				Legislature authorizes the Department and the Board to adopt and enforce rules
				for licensing daycare centers, group daycare facilities, family daycare homes,
				and foster homes. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › Section 16.06.02.001 - SCOPE AND POLICY

Current through August 31, 2023
01.
Scope
. These rules establish requirements for licensing,
			 maintaining, and operating the following facilities: (3-28-23)
a. Daycare centers; (3-28-23)
b. Group daycare facilities;
			 (3-28-23)
c. Family daycare homes
			 (voluntarily); and (3-28-23)
d.
			 Foster homes. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › Section 16.06.02.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The following documents are incorporated by reference in this
				chapter of rules. (3-28-23)
01.
Occupational Safety Health Act (OSHA)
. A copy of OSHA may be
			 obtained at the Idaho Industrial Commission, 317 Main Street., P.O. Box 83720,
			 Boise, Idaho, 83720-0041. (3-28-23)
02.
Crib Safety
. Consumer
			 Product Safety Commission, Crib Safety Tips can be found on the Internet at
			 https://www.cpsc.gov/Regulations-Laws--Standards/Rulemaking/Final-and-Proposed-Rules/Full-Size-Cribs.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › Section 16.06.02.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Compliance with Department
			 Background Check
. Background checks are required for individuals who are
			 licensed under these rules. Individuals who are required to have background
			 checks must comply with IDAPA 16.05.06, "Criminal History and Background
			 Checks," except for those individuals described in Subsection
			 009.04 of this rule.
			 (3-28-23)
02.
When License is
			 Granted
. The applicant(s) and any other adult(s) living in a foster home
			 must have a completed background check, including clearance, prior to
			 licensure. (3-28-23)
03.
Individuals Subject to Background Check Requirements
. The
			 following individuals must receive background check clearance prior to
			 licensure: (3-28-23)
a. Adoptive Parents. The
			 background check requirements are found in IDAPA 16.04.18, "Children's Agencies
			 and Residential Licensing," Section
			 009. (3-28-23)
b. Daycare Center, Group Daycare Facility,
			 and Family Day Care Home. The background check requirements are found in
			 Section 309 of these
			 rules and in Sections
			 39-1105,
			 39-1113, and
			 39-1114, Idaho Code.
			 (3-28-23)
c. Licensed Foster Care
			 Home. The background check requirements are found in Section
			 403 of these rules and in Section
			 39-1211(4), Idaho
			 Code. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › Section 16.06.02.010 - DEFINITIONS A THROUGH M

Current through August 31, 2023
01.
Attendance
. Under Title 39, Chapter 11, Idaho Code, and Sections
			 300 through
			 399 of these rules, the number of
			 children present at a daycare facility at any given time. (3-28-23)
02.
Board
. The Idaho State Board
			 of Health and Welfare. (3-28-23)
03.
Caregiver
. A foster parent
			 with whom a child in foster care has been placed or a designated official for a
			 child care institution in which a child in foster care has been placed.
			 (3-28-23)
04.
Chief
			 Administrator
. The duly authorized representative or designee of an
			 organization responsible for day-to-day operations, management, and compliance
			 with these rules and Title 39, Chapter 12, Idaho Code. (3-28-23)
05.
Child
. (3-28-23)
a. Under Title 39, Chapter 12, Idaho Code,
			 and Sections 400 through
			 999 of these rules, "child" means
			 an individual less than eighteen (18) years old, synonymous with juvenile or
			 minor. (3-28-23)
b. Includes
			 individuals age eighteen (18) to twenty-one (21) who are ordered into or
			 voluntarily entered Extended Foster Care through Child and Family Services.
			 (3-28-23)
c. Under Title 39,
			 Chapter 11, Idaho Code, and Sections
			 300 through
			 399 of these rules, "child" means
			 an individual less than thirteen (13) years old. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.100 - LICENSING

Current through August 31, 2023
The purpose of licensing is to set requirements and to
				  monitor compliance. Persons applying for licensure need to be physically and
				  emotionally suited to protect the health, safety and well-being of the children
				  in their care. Physical surroundings must present no hazards to the children in
				  care. (3-28-23)
01.
Responsibilities of the Foster Parent or Operator
. A foster parent
				or operator must conform to the terms of the license. (3-28-23)
02.
Responsible for Knowledge of
				Standards
. The foster parent or operator is responsible for knowing the
				rules applying to the type of foster home, daycare center, group daycare
				facility, or family daycare home voluntarily licensed by the Department,
				covered by the license, and for always conforming to them. (3-28-23)
03.
Responsible for Agency Staff
				Knowledge
. The operator of a child care facility or agency is
				responsible for ensuring that all staff members are familiar with these rules.
				(3-28-23)
04.
Return of
				License
. The foster parent or operator must immediately return their
				license to the Department under any of the following circumstances: (3-28-23)
a. Changes of management or address;
				(3-28-23)
b. Upon suspension or
				revocation of the license by the Department; or (3-28-23)
c. Upon voluntary discontinuation of service.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.101 - APPLICATIONS FOR LICENSE

Current through August 31, 2023
An application for a license must be submitted to the
				  Department. Licensing studies will follow the format of these rules and will
				  contain a specific recommendation for terms of the license. All foster homes,
				  daycare centers, group daycare facilities, and family daycare homes voluntarily
				  licensed by the Department must comply with applicable city and county
				  ordinances. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.102 - DISPOSITION OF APPLICATIONS

Current through August 31, 2023
The Department will initiate action on each completed
				  application within thirty (30) days after receipt that addresses each
				  requirement for the specific type of home or facility. Upon receipt of a
				  completed application and study, the Department will review the materials for
				  compliance with these rules. (3-28-23)
01.
Approval of Application
. A
				license will be issued to any daycare center, group daycare facility, family
				daycare home voluntarily licensed by the Department, or foster home found in
				compliance with these rules. The license is issued under the terms specified in
				the licensing study and will be mailed to the applicant. (3-28-23)
02.
Regular License
. A regular
				license will be issued to any daycare center, group daycare facility, family
				daycare home voluntarily licensed by the Department, or foster home found in
				compliance with these rules and will specify the terms of licensure, such as:
				(3-28-23)
a. Full time or daycare;
				(3-28-23)
b. The number of children
				who may receive care at any one (1) time; and (3-28-23)
c. Age range and gender, if there are
				conditions in the foster home making such limitations necessary;
				(3-28-23)
d. The regular license
				for a foster home is in effect for one (1) year from the date of issuance
				unless suspended or revoked earlier; (3-28-23)
e. A regular license for a daycare center,
				group daycare facility, or family daycare home voluntarily licensed by the
				Department is in effect for two (2) years from the date of issuance unless
				suspended or revoked earlier; and (3-28-23)
f. If the license for a foster home is for a
				specific child only, the name of that child will be shown on the foster home
				license. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.103 - RESTRICTIONS ON APPLICABILITY AND NONTRANSFER

Current through August 31, 2023
01.
Issued License
. A license applies only to the foster home, daycare
				center, group daycare facility, family daycare home voluntarily licensed by the
				Department, or the person and premises designated. Each license is issued in
				the business name or individual name, and only to the specified address
				identified on the application of the foster home, daycare center, group daycare
				facility or family daycare home voluntarily licensed by the Department. A
				license issued in the name of a foster parent, daycare center, group daycare
				facility, or family daycare home voluntarily licensed by the Department applies
				only to the period and services specified in the license. Any change in
				management or address renders the license null and void, and the foster parent
				or operator must immediately return the license to the Department under Section
				100 of these rules.
				(3-28-23)
02.
Nontransferable
. A license is nontransferable or assignable from
				one (1) individual to another, from one (1) business entity or governmental
				unit to another, or from one (1) location to another. (3-28-23)
03.
Change in Ownership, Operator, or
				Location
. When there is a change in ownership, operator, or location,
				the foster home, daycare center, group daycare facility or family daycare home
				voluntarily licensed by the Department must reapply for a license under Section
				101 of these rules. The new owner
				or operator must obtain a license before starting operations.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.104 - MANDATORY VISITATIONS

Current through August 31, 2023
Under Section
				  39-1217, Idaho Code, the
				  Department must visit and be given access to the premises of each licensed
				  foster home, as often as deemed necessary by the Department to assure
				  compliance with these rules but at intervals not to exceed twelve (12) months.
				  (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.105 - REVISIT AND RELICENSE

Current through August 31, 2023
Revisit and relicense studies will document how the daycare
				  center, group daycare facility, family daycare home voluntarily licensed by the
				  Department, or foster home continues to meet licensing standards. Consideration
				  must be given to each standard, including a review of the previous study and
				  original application to determine what changes have occurred. An application
				  for renewal of a license must be made by the operator on the form furnished by
				  the Department and filled out prior to the expiration date of the license
				  currently in force. When a renewal application has been completed correctly,
				  the existing license will, unless officially revoked, remain in force until the
				  Department has acted on the application for renewal. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.106 - COMPLAINTS AGAINST DAYCARE CENTERS, GROUP DAYCARE FACILITIES, FAMILY DAYCARE HOMES, AND FOSTER HOMES

Current through August 31, 2023
01.
Investigation
. The Department will investigate complaints
				regarding daycare centers, group daycare facilities, family daycare homes
				voluntarily licensed by the Department, or foster homes. The investigation may
				include further contact with the complainant, scheduled or unannounced visits
				to the foster home, daycare center, group daycare facility, or family daycare
				home voluntarily licensed by the Department, collateral contacts including
				interviews with the victim, parents or guardian, operator, staff, consultants,
				children in care, other persons who may have knowledge of the complaint, and
				inspections by fire or health officials. (3-28-23)
02.
Informed of Action
. If an
				initial preliminary investigation indicates that a more complete investigation
				must be made, the foster parents, operator, daycare center, group daycare
				facility, or family daycare home voluntarily licensed by the Department will be
				informed of the investigation, and any action to be taken, including referral
				for civil or criminal action. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.107 - SUSPENSION FOR CIRCUMSTANCES BEYOND CONTROL OF FOSTER PARENT OR OPERATOR

Current through August 31, 2023
When circumstances occur over which the foster parent or
				  operator has no control including illness, epidemics, fire, flood, or
				  contamination, which temporarily place the operation of the foster home, child
				  care facility, daycare center, group daycare facility, or family daycare home
				  voluntarily licensed by the Department out of compliance with these rules, the
				  license must be suspended until the nonconformity is remedied. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.108 - SUSPENSION OR REVOCATION FOR INFRACTIONS

Current through August 31, 2023
A license may be suspended for infractions of these rules.
				  Such suspension may lead to revocation if the foster parent or operator fails
				  to satisfy the Department that the infractions have been corrected in
				  compliance with the rules. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.109 - NON-RENEWAL, DENIAL, REVOCATION, OR SUSPENSION OF LICENSE

Current through August 31, 2023
If it is found that an applicant, foster parent, or operator
				  has failed or refused to comply with any of the provisions of the Basic Daycare
				  License Law, Sections
				  39-1101 through
				  39-1120, Idaho Code, or the Child
				  Care Licensing Reform Act, Sections
				  39-1201 through
				  39-1224, Idaho Code, with these
				  rules, or with any provision of the license, the Department may deny, suspend,
				  revoke, or not renew a license. The Department may also deny, suspend, revoke,
				  or deny renewal of a license for any daycare center, group daycare facility,
				  family daycare home voluntarily licensed by the Department, child care facility
				  or foster home when any of the following occurs. (3-28-23)
01.
Criminal Conviction or Relevant
				Record
. Anyone providing direct care or working onsite under these rules
				is denied clearance or refuses to comply with IDAPA 16.05.06, "Criminal History
				and Background Checks." (3-28-23)
02.
Other Misconduct
. The
				applicant, foster parent, operator, or the person proposed as chief executive
				officer: (3-28-23)
a. Fails to furnish any
				data, statistics, records, or information requested by the Department without
				good cause or provides false information; (3-28-23)
b. Has been found guilty of or is under
				investigation for fraud, deceit, misrepresentation or dishonesty associated
				with the operation of a daycare center, group daycare facility, family daycare
				home voluntarily licensed by the Department, children's residential care
				facility or children's agency; (3-28-23)
c. Has been found guilty of or is under
				investigation for the commission of any felony; (3-28-23)
d. Has failed to exercise fiscal
				accountability toward a client or the Department regarding payment for
				services; or (3-28-23)
e. Has
				knowingly permitted, aided, or abetted the commission of any illegal act on the
				premises of the daycare center, group daycare facility, family daycare home
				voluntarily licensed by the Department, or foster home.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.111 - ENFORCEMENT REMEDY OF SUMMARY SUSPENSION AND TRANSFER OF CHILDREN

Current through August 31, 2023
The Department may summarily suspend a foster home, daycare
				  center, group daycare facility, or family daycare home voluntarily licensed by
				  the Department. Children in a foster home require the program to transfer
				  children when the Department has determined a child's health and safety are in
				  immediate jeopardy. Children in a daycare center, group daycare facility, or
				  family daycare home voluntarily licensed by the Department, will not be
				  transported from the home or facility, instead the parent or legal guardian
				  will be contacted. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.112 - ENFORCEMENT REMEDY REVOCATION OF LICENSE AND TRANSFER OF CHILDREN

Current through August 31, 2023
The Department may revoke the license of a foster home,
				  daycare center, group daycare facility, or family daycare home voluntarily
				  licensed by the Department, when the Department determines the home, facility,
				  or operator is not in compliance with these rules. Children in a daycare
				  center, group daycare facility, or family daycare home voluntarily licensed by
				  the Department, will not be transported from the facility, instead the parent
				  or legal guardian will be contacted. Revocation and transfer of children may
				  occur under the following circumstances: (3-28-23)
01.
Endangers Health or Safety
.
				Any condition that endangers the health or safety of any child.
				(3-28-23)
02.
Not in
				Substantial Compliance
. A foster home, daycare center, group daycare
				facility, or family daycare home voluntarily licensed by the Department is not
				in substantial compliance with these rules. (3-28-23)
03.
No Progress to Meet Plan of
				Correction
. A foster home, daycare center, group daycare facility, or
				family daycare home voluntarily licensed by the Department has made little or
				no progress in correcting deficiencies within thirty (30) days from the date
				the Department accepted a plan of correction. (3-28-23)
04.
Repeat Violations
. Repeat
				violations of any requirement of these rules or provisions of Title 39,
				Chapters 11 and 12, Idaho Code. (3-28-23)
05.
Misrepresented or Omitted
				Information
. A foster home, daycare center, group daycare facility, or
				family daycare home voluntarily licensed by the Department has knowingly
				misrepresented or omitted information on the application or other documents
				pertinent to obtaining a license. (3-28-23)
06.
Refusal to Allow Access
.
				Refusal to allow Department representatives full access to the foster home,
				daycare center, group daycare facility, or family daycare home voluntarily
				licensed by the Department and its grounds, facilities, and records.
				(3-28-23)
07.
Violation of
				Terms of Provisional License
. A foster home, that has violated any of
				the terms or conditions of a provisional license. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › LICENSING › Section 16.06.02.113 - EFFECT OF PREVIOUS REVOCATION OR DENIAL OF A LICENSE

Current through August 31, 2023
An organization cannot apply and the Department will not
				  accept an application from any person, corporation, or partnership, including
				  any owner with a ten percent (10%) or more interest, who has had a license
				  denied or revoked, until five (5) years has elapsed from the date of denial,
				  revocation, or conclusion of a final appeal, whichever occurred last.
				  (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.300 - STANDARDS FOR DAYCARE

Current through August 31, 2023
01.
Daycare
				Standards
. In addition to meeting the rules under Sections
				000 through
				299 of these rules, each owner,
				operator, or applicant seeking licensure from the Department as a daycare
				center, group daycare facility, or family daycare home voluntarily licensed by
				the Department, must also meet the requirements under Title 39, Chapter 11,
				Idaho Code, and Sections
				300 through
				399 of these rules.
				(3-28-23)
02.
Minimum Age of
				Applicant
. An individual, applying to the Department to be licensed for
				a daycare center, group daycare facility, or family daycare home, must be at
				least eighteen (18) years old. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.301 - TYPES OF DAYCARE LICENSES

Current through August 31, 2023
Subject to the requirements under Title 39, Chapter 11, Idaho
				  Code, and these rules, the Department will determine the type of daycare
				  license required by an owner or operator providing daycare by counting each
				  child in attendance, regardless of relationship to the person(s) providing the
				  care. The following types of daycare licenses may be issued by the Department.
				  (3-28-23)
01.
Daycare Center
				License
. Is issued for a place or facility providing daycare, where
				thirteen (13) or more children, regardless of relationship to the person(s)
				providing the care, are in attendance. (3-28-23)
02.
Group Daycare Facility
. Is
				issued for a place or facility providing daycare, where seven (7) to twelve
				(12) children, regardless of relationship to the person(s) providing the care,
				are in attendance. (3-28-23)
03.
Family Daycare Home
. Is not required to be licensed. However, a
				family daycare home may voluntarily elect to be licensed by the Department.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.309 - CRIMINAL HISTORY AND BACKGROUND CHECK FOR DAYCARE STANDARDS

Current through August 31, 2023
01.
Background Check for Daycare
				Centers and Group Daycare Facilities
. Each owner, operator, or applicant
				seeking licensure for a daycare center, group daycare facility, or a family
				daycare home must submit evidence that is satisfactory to the Department that
				the following individuals have successfully completed and received a clearance
				for a Department background check under Sections
				39-1105 and
				39-1113, Idaho Code: (3-28-23)
a. Owners, operators, and staff;
				(3-28-23)
b. All other individuals
				thirteen (13) years old or older who have unsupervised direct contact with
				children; or (3-28-23)
c. All other
				individuals thirteen (13) years old or older who are regularly on the premises.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.320 - DAYCARE LICENSING FEES

Current through August 31, 2023
A nonrefundable licensing fee must be paid to the Department
				  prior to the issuance or renewal of a daycare license. (3-28-23)
01.
Daycare Licensing Fee
				Amounts
. The total fee for initial licensure or renewal of a daycare
				center, group daycare facility, or family daycare home voluntarily licensed
				must not exceed the following amounts: (3-28-23)
a. Daycare center with more than twenty-five
				(25) children in attendance at any given time - three hundred twenty-five
				dollars ($325). (3-28-23)
b.
				Daycare center with thirteen (13) to twenty-five (25) children in attendance at
				any given time - two hundred fifty dollars ($250). (3-28-23)
c. Group daycare facility - one hundred
				dollars ($100). (3-28-23)
d. Family
				daycare home voluntary license - one hundred dollars ($100).
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.321 - APPLICATION FOR DAYCARE LICENSE OR RENEWAL

Current through August 31, 2023
Any individual applying for licensure as a daycare center,
				  group daycare facility, or family daycare home voluntarily licensed by the
				  Department must be at least eighteen (18) years old. The applicant must apply
				  on forms provided by the Department and provide information required by the
				  Department under this rule. (3-28-23)
01.
Completed, Signed, and Dated
				Application by Applicant
. (3-28-23)
02.
Licensing Fee
. The applicant
				must pay the appropriate licensing fee prior to the issuance of a daycare
				license. (3-28-23)
03.
Inspection Reports
. The following reports must be submitted to the
				Department with the application that prove the facility or proposed facility
				meets: (3-28-23)
a. Building code under IDAPA
				24.39.30, "Rules of Building Safety (Building Code Rules)," where required;
				(3-28-23)
b. Electrical code under
				IDAPA 24.39.10, "Rules of the Idaho Electrical Board," where required;
				(3-28-23)
c. Fire code under
				Section 41-253, Idaho Code, where
				required; and (3-28-23)
d. Local
				planning and zoning requirements. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.325 - ISSUANCE OF LICENSE

Current through August 31, 2023
01.
Department Action
. The Department will order a health and safety
				inspection of the daycare facility once the application for licensure is
				complete and the licensing fee has been paid. (3-28-23)
02.
Issuance of a Regular
				License
. If the Department determines the applicant is in compliance
				with these rules, the Department will, within sixty (60) days from the date the
				completed application is submitted, issue one (1) of the following licenses
				stating the type of facility, the number of children who may be in attendance,
				and the length of time the license is effective: (3-28-23)
a. Daycare Center License;
				(3-28-23)
b. Group Daycare Facility
				License; or (3-28-23)
c. Family
				Daycare Home License. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.330 - STAFF AND OTHER RECORD REQUIREMENTS

Current through August 31, 2023
Each owner or operator of a daycare center, group daycare
				  facility, or family daycare home voluntarily licensed by the Department must
				  maintain a current list covering the previous twelve-month period of all staff
				  and other individuals thirteen (13) years of age or older who have unsupervised
				  direct contact with children, or are regularly on the premises. The list must
				  specify, at a minimum, the following: (3-28-23)
01.
Legal Name
.
				(3-28-23)
02.
Proof of
				Age
. (3-28-23)
03.
Phone Number
. (3-28-23)
04.
Training Records
.
				(3-28-23)
05.
Verification of
				Background Check Clearance
. (3-28-23)
06.
Results of Juvenile Justice
				Records
. (3-28-23)
07.
Verification of Pediatric Rescue Breathing, Infant-Child CPR, and First
				Aid Certification from a Certified Instructor
. (3-28-23)
08.
Times, Dates, and Records of Hours
				on the Premises Each day
. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.331 - CHILD RECORD REQUIREMENTS

Current through August 31, 2023
Each owner or operator of a daycare center, group daycare
				  facility, or family daycare home voluntarily licensed by the Department, must
				  maintain records for each child in attendance covering the previous
				  twelve-month period. The record must contain the following: (3-28-23)
01.
Child's Full Name
.
				(3-28-23)
02.
Date of
				Birth
. (3-28-23)
03.
Parent or Guardian's Name, Address, and Contact Information
.
				(3-28-23)
04.
Emergency
				Contact Information
. (3-28-23)
05.
Child's Health Information
.
				(3-28-23)
a. Immunization record or waiver of
				exemption form or statement; (3-28-23)
b. Any medical conditions that could affect
				the care of the child; and (3-28-23)
c. Medications the child is taking or may be
				allergic to. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.335 - CHILD-STAFF RATIO

Current through August 31, 2023
Under Section
				  39-1109, Idaho Code, the
				  Department determines the maximum allowable child-staff ratio based on a point
				  system. (3-28-23)
01.
Daycare
				Child-Staff Ratio Point System
. The maximum allowable points for each
				staff member is twelve (12), using the following point system which is based on
				the age of each child in attendance: (3-28-23)
a. Under the age of twenty-four (24) months,
				each child equals two (2) points. (3-28-23)
b. From the age of twenty-four (24) months to
				under the age of thirty-six (36) months, each child equals one and one-half (1
				1/2) points. (3-28-23)
c. From the
				age of thirty-six (36) months to under the age of five (5) years, each child
				equals one (1) point. (3-28-23)
d.
				From the age of five (5) years to under the age of thirteen (13) years, each
				child equals one-half (1/ 2) point. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.336 - BEHAVIOR MANAGEMENT AND DISCIPLINE

Current through August 31, 2023
Methods of behavior management and discipline for children
				  must be positive and consistent. These methods must be based on each child's
				  needs, stage of development, and behavior. Discipline is to promote
				  self-control, self-esteem, and independence. All of the following types of
				  punishment of a child are prohibited: (3-28-23)
01.
Physical Force
. Any kind of
				punishment inflicted on the body, including spanking; (3-28-23)
02.
Cruel and Unusual Physical
				Exercise
. Includes forcing a child to take an uncomfortable position;
				(3-28-23)
03.
Use of
				Excessive Physical Labor
. With no benefit other than for punishment;
				(3-28-23)
04.
Restraint(s)
. (3-28-23)
05.
Locking a Child in a Room
.
				Or any area of the home or facility; (3-28-23)
06.
Denying Necessities
.
				Includes necessary food, clothing, bedding, rest, toilet use, personal care and
				sanitation, or entrance to the home or facility; (3-28-23)
07.
Mental or Emotional Cruelty
.
				(3-28-23)
08.
Verbal
				Abuse
. Includes ridicule, humiliation, profanity, threats, or other
				forms of degradation directed at a child or a child's family.
				(3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.340 - DAYCARE CENTER TRAINING REQUIREMENTS

Current through August 31, 2023
Each owner or operator of a daycare center licensed by the
				  Department must receive and ensure that each staff member receives and
				  completes four (4) hours of ongoing training every twelve (12) months after the
				  staff member's date of hire. (3-28-23)
01.
Child Development Training
.
				Training must be related to continuing education in child development.
				(3-28-23)
02.
Training
				Hours
. It is the responsibility of the owner or operator of the daycare
				center to ensure that each staff member has completed four (4) hours of
				training each year. The training must be documented in the staff member's
				record. (3-28-23)
03.
Pediatric Rescue Breathing, Infant-Child CPR, and First Aid
				Training
. Pediatric rescue breathing, infant-child CPR, and first aid
				training will not count towards the required four (4) hours of annual training.
				(3-28-23)
04.
Staff Training
				Records
. Each owner or operator of the daycare center is responsible for
				maintaining documentation of staff's training and may be asked to produce
				documentation at the time of license renewal. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING › STANDARDS FOR DAYCARE › Section 16.06.02.345 - MANDATORY REPORTING OF ABUSE, ABANDONMENT, OR NEGLECT

Current through August 31, 2023
Under Section
				  16-1605, Idaho Code, daycare
				  personnel, including the owners, operators, staff, and any other person who has
				  reason to believe that a child has been abused, abandoned, or neglected, or is
				  being subjected to conditions or circumstances which would reasonably result in
				  abuse, abandonment, or neglect, must report or cause to be reported within
				  twenty-four (24) hours, such conditions or circumstances to the Department or
				  the proper law enforcement agency. (3-28-23)