reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.200 - AGENCY GOVERNING AUTHORITY

Current through August 31, 2023
Each agency must be organized and administered under one
				governing (1) authority. The governing authority may be a named individual or a
				number of individuals that will assume full legal responsibility for the
				overall conduct of the agency. (3-17-22)
01.
Structure
. The agency must
			 document an organizational chart that identifies the individuals acting as its
			 governing authority, the administrator, the residential habilitation
			 professional, and all other agency employees with administrative
			 responsibilities. This organizational chart must be provided at the time of the
			 application, updated at least annually or upon significant change to the
			 agency's organizational structure, and available to the Department upon
			 request. (3-17-22)
02.
Responsibilities
. The governing authority must assume responsibility
			 for: (3-17-22)
a. Adopting appropriate
			 organizational bylaws and policies and procedures; (3-17-22)
b. Appointing an administrator qualified to
			 carry out the agency's overall responsibilities in relation to written policies
			 and procedures and applicable state and federal laws. The administrator must
			 participate in deliberation of policy decisions concerning all services;
			 (3-17-22)
c. Ensuring the agency
			 administrator fulfills the duties and obligations outlined in Section
			 201 of these rules. Any failure on
			 part of the Administrator is the ultimate responsibility of the agency and its
			 governing body. (3-17-22)
d.
			 Conducting and documenting that it performed an annual review of the agency for
			 compliance with these rules; (3-17-22)
e. Developing and implementing written
			 administrative policies and procedures that comply with applicable state and
			 federal rules; and (3-17-22)
f.
			 Developing and implementing policies and procedures under these rules. These
			 are to be reviewed at least annually and revised as necessary.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.201 - AGENCY ADMINISTRATOR

Current through August 31, 2023
An administrator for an agency is accountable for the overall
				operations of the agency including ensuring compliance with these rules,
				overseeing and managing staff, and administering the agency's policies and
				procedures, and quality assurance program. (3-17-22)
01.
Administrator
			 Qualifications
. Each agency must employ a designated administrator who:
			 (3-17-22)
a. Is at least twenty-one (21) years
			 of age; (3-17-22)
b. Has
			 satisfactorily completed a criminal history check in accordance with IDAPA
			 16.05.06, "Criminal History and Background Checks"; and (3-17-22)
c. Has a minimum of three (3) years of
			 experience in service delivery with the population served with at least one (1)
			 year having been in an administrative role. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.202 - QUALIFICATIONS AND RESPONSIBILITIES OF A RESIDENTIAL HABILITATION PROFESSIONAL

Current through August 31, 2023
01.
Education and Experience
. To
			 be qualified as a residential habilitation professional, a person must:
			 (3-17-22)
a. Have at least one (1) year of
			 experience professionally supervised with the population served; and
			 (3-17-22)
b. Meet the
			 qualifications of a Qualified Intellectual Disabilities Professional (QIDP) as
			 described in 42 CFR
			 483.430(a).
			 (3-17-22)
c. Experience writing and
			 implementing behavior and skill training program plans; or (3-17-22)
i. Provide documentation the employee
			 received such training from an experienced residential habilitation
			 professional; and (3-17-22)
ii.
			 Demonstrate the ability to write and implement behavior and skill training
			 program plans. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.203 - DIRECT SERVICE STAFF

Current through August 31, 2023
Each direct service staff person for an agency must meet all of
				the following minimum qualifications: (3-17-22)
01.
Age
. Be at least eighteen
			 (18) years of age. (3-17-22)
02.
Education
. Be a high school graduate, or have a GED or demonstrate
			 the ability to provide services according to a plan of service.
			 (3-17-22)
03.
First Aid and
			 CPR Certification
. Be certified in first aid and Cardio-Pulmonary
			 Resuscitation (CPR) appropriate for the age of participants they serve prior to
			 providing direct care or services to participants and maintain current
			 certification thereafter. (3-17-22)
04.
Health
. Have signed a
			 statement maintained by the agency that they are free from communicable
			 disease, understands universal precautions, and follows agency policies and
			 procedures regarding communicable disease. (3-17-22)
05.
"Assistance with Medications"
			 Course
. Each staff person assisting with participant medications must
			 successfully have completed and follow the "Assistance with Medications" course
			 available through the Idaho Division of Career-Technical Education, or other
			 Department-approved training. A copy of the certificate or other verification
			 of successful completion must be maintained by the agency in the employee
			 record. (3-17-22)
06.
Criminal History Check
. Have satisfactorily completed a criminal history
			 check in accordance with IDAPA 16.05.06, "Criminal History and Background
			 Checks." (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.204 - DIRECT SERVICE STAFF TRAINING

Current through August 31, 2023
Each agency must ensure that all staff who provide direct
				services have completed training in accordance with these rules.
				(3-17-22)
01.
Training
			 Documentation
. (3-17-22)
a. Training
			 documentation must include the following: (3-17-22)
i. Direct service staff receiving the
			 training; (3-17-22)
ii. Individual
			 conducting the training; (3-17-22)
iii. Name of the participant;
			 (3-17-22)
iv. Description of the
			 content trained; and (3-17-22)
v.
			 Date and duration of the training. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.301 - PERSONNEL RECORDS

Current through August 31, 2023
The record for each employee must contain at least the
				following: (3-17-22)
01.
Name,
			 Current Address, and Phone Number of the Employee
; (3-17-22)
02.
Social Security Number
;
			 (3-17-22)
03.
Education and
			 Experience
; (3-17-22)
04.
Other Qualifications
. If licensed in Idaho, the original license
			 number and the date the current registration expires, or if certificated, a
			 copy of the certificate; (3-17-22)
05.
Date of Employment
;
			 (3-17-22)
06.
Job
			 Description
. Documentation that the employee signed and received a copy
			 of their job description stating that the requirements of their position have
			 been explained to them; (3-17-22)
07.
Date of Termination of Employment
			 and Reason for Termination, If Applicable
; (3-17-22)
08.
Documentation of the Employee's
			 Initial Orientation and Required Training
; (3-17-22)
09.
Evidence of Current Age-Appropriate
			 CPR and First Aid Certifications
; (3-17-22)
10.
Current Assistance With Medications
			 Certification, If Applicable
; and (3-17-22)
11.
Criminal History Check
.
			 Verification of satisfactory completion of criminal history checks in
			 accordance with IDAPA 16.05.06, "Criminal History and Background Checks."
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.302 - AGENCY MEDICATION STANDARDS AND REQUIREMENTS

Current through August 31, 2023
The agency must develop and implement written policy and
				procedures describing the program's system for handling participant
				medications. (3-17-22)
01.
Medication Policy
. Each agency must develop written medication policies
			 and procedures that outline in detail how the agency will ensure appropriate
			 handling and safeguarding of medications. An agency that chooses to assist
			 participants with medications to include PRN medications must also develop
			 specific policies and procedures to ensure this assistance is safe and is
			 delivered by qualified, fully-trained staff. Documentation of training must be
			 maintained in the staff personnel record. (3-17-22)
02.
Handling of Participant's
			 Medication
. (3-17-22)
a. The medication
			 must be in the original pharmacy-dispensed container, or in an original
			 over-the- counter container, or placed in a unit container by a licensed nurse
			 and be appropriately labeled with the name of the medication, dosage, time to
			 be taken, route of administration, and any special instructions. Each
			 medication must be packaged separately, unless in a Mediset, blister pack, or
			 similar system. (3-17-22)
b.
			 Evidence of the written order for the medication from the physician or other
			 practitioner of the healing arts must be maintained in the participant's
			 record. Medisets, blister pack, or similar system filled and labeled by a
			 pharmacist or licensed nurse can serve as written evidence of the order. An
			 original prescription bottle labeled by a pharmacist describing the order and
			 instructions for use can also serve as written evidence of an order from the
			 physician or other practitioner of the healing arts. (3-17-22)
c. The agency is responsible to safeguard the
			 participant's medications when assuming the responsibility for assisting with
			 medications. (3-17-22)
d.
			 Medications that are expired or no longer used by the participant must not be
			 retained by the agency or agency staff for longer than thirty (30) calendar
			 days. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.400 - AGENCY PARTICIPANT RECORD REQUIREMENTS

Current through August 31, 2023
Each agency certified under these rules must maintain accurate,
				current, and complete participant and administrative records. Each participant
				record must clearly document the date, time, duration, and type of service, and
				include the signature of the individual providing the service, for each service
				provided. Each participant record must contain the following information:
				(3-17-22)
01.
Profile
			 Sheet
. Each participant record must include a profile sheet containing
			 the following: (3-17-22)
a. Name, current
			 address, and current phone number of the participant; (3-17-22)
b. Medicaid ID number; (3-17-22)
c. Gender and marital status;
			 (3-17-22)
d. Date of birth;
			 (3-17-22)
e. Names, addresses, and
			 current phone numbers of legal guardian if applicable, family, advocates,
			 friends, and persons to be contacted in case of an emergency;
			 (3-17-22)
f. Names, addresses, and
			 current phone number of physician, pharmacy, dentist, and other health care
			 providers as applicable; (3-17-22)
g. A list, or an attached list, of current
			 medications, diet, and all other treatments prescribed for the participant; and
			 (3-17-22)
h. Current diagnoses or
			 reference to a current history and physical. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.403 - PARTICIPANT FINANCES

Current through August 31, 2023
01.
Written
			 Policy and Procedure
. Each agency must develop and implement a written
			 policy and procedure that describes the management of participant funds. In
			 order for an agency to manage participant's funds, they must have written
			 designation as a payee by either Social Security Administration or the
			 participant's guardian or conservator if they are not a recipient of Social
			 Security funds. (3-17-22)
02.
Participant's Personal Finance Records
. When the agency, or its
			 employees or contractors, are designated as the payee on behalf of the
			 participants, the agency must establish and maintain an accounting system that
			 assures a full and complete accounting of participants' personal funds
			 entrusted to the agency, its employees, or contractors on behalf of
			 participants. Records of financial transactions must be sufficient to allow a
			 thorough audit of the participant's funds. An agency that manages participant
			 funds must: (3-17-22)
a. Not commingle of
			 participant funds with agency funds. Borrowing between participant accounts is
			 prohibited; (3-17-22)
b. Document
			 any financial transactions. A separate transaction record is to be maintained
			 for each participant, including receipts for each expenditure paid for using
			 the participant funds, except for purchases made with participant's personal
			 funds; (3-17-22)
c. Restore funds
			 to the participant if the agency cannot produce proper accounting records of
			 participant's funds or property; and (3-17-22)
d. Provide access to the participant's funds
			 to the participant or their legal guardian or conservator. (3-17-22)
e. Document dispersion of participant
			 personal spending money. Documentation is to include the date and amount of the
			 money given to the participant. The participant must acknowledge in writing
			 receipt of the spending money at the time it is dispersed.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.404 - AGENCY REPORTING AND COMMUNICATION REQUIREMENTS

Current through August 31, 2023
Each agency must develop and implement written policies and
				procedures outlining how the agency will document reporting and other
				communications for the following: (3-17-22)
01.
Reciprocal Communication
.
			 Communication with the legal guardian and other authorized individuals; and
			 (3-17-22)
02.
Reporting
			 Requirements
. Any agency employee or contractor must report all
			 incidents and allegations of mistreatment, abuse, neglect, injuries of unknown
			 origin, or exploitation to the administrator and to adult protection and law
			 enforcement officials, as required by law under Section
			 39-5303, Idaho Code. (3-17-22)
a. The agency administrator must investigate
			 and document in the participant's records their investigation of all alleged
			 violations. The agency must protect the participant from the possibility of
			 abuse while the investigation is in progress. The administrator must ensure the
			 events and the agency response to the events are documented in the participant
			 record. (3-17-22)
b. If the agency
			 administrator verifies the alleged violation, appropriate corrective action
			 must be taken and reported to law enforcement, the Department, and adult
			 protection as required by law under Section
			 395303, Idaho Code.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.405 - AGENCY QUALITY ASSURANCE PROGRAM

Current through August 31, 2023
Each agency must develop and implement a quality assurance
				program. (3-17-22)
01.
What the
			 Quality Assurance Program Verifies
. The quality assurance program is an
			 ongoing, proactive, internal review of the agency designed to verify: (3-17-22)
a. Services are provided in accordance with
			 these rules; (3-17-22)
b.
			 Sufficient staff are available to meet the needs of each person served;
			 (3-17-22)
c. Skill training
			 activities are conducted as written in the program plans. (3-17-22)
d. The rights of a person with disabilities
			 are protected and each person is provided opportunities and training to make
			 informed choices. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.406 - COMPLAINTS AND INVESTIGATIONS

Current through August 31, 2023
01.
Filing a
			 Complaint
. Any person who believes that the agency has failed to meet
			 any provision of the rules or statute may file a complaint with the Division of
			 Licensing and Certification. All complaints must have a basis in rule or
			 statutory requirements. In the event that it does not, the complainant will be
			 referred to the appropriate entity or agency. (3-17-22)
02.
Investigation Survey
. The
			 Division of Licensing and Certification will investigate, or cause to be
			 investigated the following: (3-17-22)
a. Any
			 complaint alleging a violation of the rules or statute; and (3-17-22)
b. Any reportable incident which indicates
			 there was a violation of the rules or statute. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.500 - ENFORCEMENT PROCESS

Current through August 31, 2023
The Department may impose a remedy or remedies when it
				determines an agency is not in compliance with these rules. (3-17-22)
01.
Determination of Remedy
. In
			 determining which remedy or remedies to impose, the Department will consider
			 the agency's compliance history, change of ownership, the number of
			 deficiencies, the scope and severity of the deficiencies, and the potential
			 risk to participants. Subject to these considerations, the Department may
			 impose any of the remedies in Subsection
			 500.02 of this rule,
			 independently or in conjunction with others, subject to the provisions of these
			 rules for notice and appeal. (3-17-22)
02.
Enforcement Remedies
. If
			 the Department determines that an agency is out of compliance with these rules,
			 it may impose any of the following remedies according to Section
			 500.01 of this rule. (3-17-22)
a. Require the agency to submit a plan of
			 correction that must be approved in writing by the Department;
			 (3-17-22)
b. Issue a provisional
			 certificate with a specific date for correcting deficient practices;
			 (3-17-22)
c. Ban enrollment of all
			 participants with specified diagnoses; (3-17-22)
d. Ban any new enrollment of participants;
			 (3-17-22)
e. Revoke the agency's
			 certificate; or (3-17-22)
f.
			 Summarily suspend the certificate and transfer participants.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.501 - REVOCATION OF CERTIFICATE

Current through August 31, 2023
01.
Revocation of the Agency's Certificate
. The Department may revoke an
			 agency's certificate when persuaded by the preponderance of the evidence that
			 the agency is not in substantial compliance with the requirements in this
			 chapter of rules. (3-17-22)
02.
Causes for Revocation of the Certificate
. The Department may
			 revoke any agency's certificate for any of the following causes: (3-17-22)
a. The certificate holder has willfully
			 misrepresented or omitted information on the application for certification or
			 other documents pertinent to obtaining a certificate; (3-17-22)
b. Conditions exist in the agency that
			 endanger the health or safety of any participant; (3-17-22)
c. Any act adversely affecting the welfare of
			 participants is being permitted, performed, or aided and abetted by the person
			 or persons supervising the provision of services in the agency. Such acts
			 include neglect, physical abuse, mental abuse, emotional abuse, violation of
			 civil rights, or exploitation; (3-17-22)
d. The provider has demonstrated or exhibited
			 a lack of sound judgment that jeopardizes the health, safety, or well-being of
			 participants; (3-17-22)
e. The
			 agency has failed to comply with any of the conditions of a provisional
			 certificate; (3-17-22)
f. The
			 agency has one (1) or more major deficiencies. A major deficiency is a
			 deficiency that endangers the health, safety, or welfare of any participant;
			 (3-17-22)
g. An accumulation of
			 minor deficiencies that, when considered as a whole, indicate the agency is not
			 in substantial compliance with these rules; (3-17-22)
h. Repeat deficiencies by the agency of any
			 requirement of these rules or of the Idaho Code; (3-17-22)
i. The agency lacks adequate personnel, as
			 required by these rules or as directed by the Department, to properly care for
			 the number and type of participants served at the agency; (3-17-22)
j. The agency is not in substantial
			 compliance with the provisions for services required in these rules or with the
			 participants' rights under Subsection
			 300.09 of these rules; or
			 (3-17-22)
k. The certificate holder
			 refuses to allow the Department or protection and advocacy agencies full access
			 to the agency environment, agency records, or the participants.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.502 - NOTICE OF ENFORCEMENT REMEDY

Current through August 31, 2023
The Department will notify the following of the imposition of
				any enforcement remedy on an agency: (3-17-22)
01.
Notice to the Agency
. The
			 Department will notify the agency in writing, transmitted in a manner that will
			 reasonably ensure timely receipt. (3-17-22)
02.
Notice to Public
. The
			 Department will notify the public by sending the agency printed notices to
			 post. The agency must post all the notices on their premises in plain sight in
			 public areas where they will readily be seen by participants and their
			 representatives, including exits and common areas. The notices must remain in
			 place until all enforcement remedies have been officially removed by the
			 Department. (3-17-22)
03.
Notice to the Professional Licensing Boards
. The Department will notify
			 professional licensing boards, as appropriate. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.510 - EMERGENCY POWERS OF THE DIRECTOR

Current through August 31, 2023
In the event of an emergency endangering the life or safety of
				a participant receiving services from an agency, the Director may summarily
				suspend or revoke any residential habilitation certificate. As soon thereafter
				as practicable, the Director must provide an opportunity for a hearing.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.511 - INJUNCTION TO PREVENT OPERATION WITHOUT CERTIFICATE

Current through August 31, 2023
Notwithstanding the existence or pursuit of any other remedy,
				the Department may in the manner provided by law, maintain an action in the
				name of the state for injunction or other process against any person or
				governmental unit to restrain or prevent the establishment, conduct,
				management, or operation of an agency without a certificate required under this
				chapter. For the purposes of these rules, a governmental unit is the state, or
				any county, municipality, or other political subdivision, or any department,
				division, board, or other agency thereof. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.17 - RESIDENTIAL HABILITATION AGENCIES › Section 16.04.17.600 - WAIVERS

Current through August 31, 2023
Waivers to these rules may be granted by the Department as
				needed provided that granting the waiver does not endanger the health or safety
				or rights of any participant. The decision to grant a waiver is not precedent
				or given any force or effect of law in any other proceeding. Any waiver granted
				by the Department may be renewed annually if sufficient written justification
				is presented to the Department. Waivers granted by the Department must be given
				in writing and signed by the Department's Licensing and Certification program
				manager. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › Section 16.04.18.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				39-1207,
				39-1208,
				39-1209,
				39-1210,
				39-1213,
				56-1003,
				56-1004A, and
				56-1005(8), Idaho
				Code, authorizes the Department and the Board of Health and Welfare to adopt
				and enforce rules for licensing these organizations. (4-6-23)T
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › Section 16.04.18.009 - BACKGROUND CHECK REQUIREMENTS

Current through August 31, 2023
01.
Compliance
. Background checks are required for individuals licensed
			 under these rules and must comply with IDAPA 16.05.06, "Criminal History and
			 Background Checks," except for those individuals under Subsection
			 009.03 of this rule.
			 (4-6-23)T
02.
Individuals
			 Subject to Background Check Requirements
. The following individuals must
			 receive a clearance under IDAPA 16.05.06, "Criminal History and Background
			 Checks:" (4-6-23)T
a. Adoptive parents and any
			 other adult residing in the home at any time during the adoption process.
			 (4-6-23)T
b. Children's Agencies;
			 (4-6-23)T
i. Chief Administrator;
			 (4-6-23)T
ii. Case Manager
			 Supervisor; (4-6-23)T
iii. Case
			 Manager; (4-6-23)T
iv. Support
			 Staff; and (4-6-23)T
v. Contractors
			 and volunteers that have unsupervised time with children.
			 (4-6-23)T
c. Children's
			 Residential Care Facilities: (4-6-23)T
i.
			 Owners; (4-6-23)T
ii. Chief
			 Administrator; (4-6-23)T
iii.
			 Medical Professional; (4-6-23)T
iv.
			 Licensed Treatment Professional; (4-6-23)T
v. Case Manager Supervisor;
			 (4-6-23)T
vi. Case Manager;
			 (4-6-23)T
vii. Support Staff;
			 (4-6-23)T
viii. Direct Care Staff
			 Supervisor; (4-6-23)T
ix. Direct
			 Care Staff; (4-6-23)T
x. Teacher;
			 and (4-6-23)T
xi. Contractors and
			 volunteers that have unsupervised time with children.
			 (4-6-23)T
d. Children's
			 Therapeutic Outdoor Programs: (4-6-23)T
i.
			 Owners; (4-6-23)T
ii. Chief
			 Administrator; (4-6-23)T
iii. Field
			 Director; (4-6-23)T
iv. Licensed
			 Treatment Professional; (4-6-23)T
v. Senior Field Staff; (4-6-23)T
vi. Field Staff; (4-6-23)T
vii. Intern; (4-6-23)T
viii. Support Staff; and (4-6-23)T
ix. Contractors and volunteers that have
			 unsupervised time with children. (4-6-23)T
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.100 - LICENSING

Current through August 31, 2023
01.
Knowledge of Standards
. The
				operator is responsible for knowing and always complying with the rules
				regulating the license. The operator is responsible for ensuring that staff are
				familiar with the rules governing their organization. (4-6-23)
02.
Voluntary Closure
. The
				operator must notify the Department of any voluntary closure prior to the
				closure date. (4-6-23)
03.
Voluntary Withdrawal of License
. The Department will withdraw the
				license of an organization that has not provided services in the last licensed
				year. (4-6-23)
04.
Operating
				Without a License
. If children are found in an unlicensed organization,
				the Department will refer to law enforcement or Child Protective Services if it
				has been determined that an immediate threat to the children's health and
				safety exists; (4-6-23)
05.
Exceptions and Exemptions
. Under Sections
				39-1206 and
				39-1211, Idaho Code, these rules
				do not apply to: (4-6-23)
a. 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; or (4-6-23)
b. Children's camps that only provide child
				care for any one (1) child for less than nine (9) consecutive weeks in any one
				(1) year period. A children's camp that provides child care for any one (1)
				child for more than nine (9) consecutive weeks in any one (1) year period
				constitutes a children's residential care facility and is subject to these
				rules. A children's camp that also constitutes a residential school must be
				governed as a residential school. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.101 - APPLICATIONS FOR LICENSE

Current through August 31, 2023
A license application must be submitted to the Department
				  using the Department-approved process and include applicant's completed
				  background clearance. All organizations must comply with applicable Idaho
				  state, city, and county ordinances. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.102 - DISPOSITION OF APPLICATIONS

Current through August 31, 2023
After receipt of a completed application that addresses each
				  requirement for the organization, the Department will review the materials for
				  compliance with these rules and will act on the application within thirty (30)
				  days after receipt of the completed application. (4-6-23)
01.
Application Approval
. A
				license will be issued to any organization in compliance with these rules. The
				license is issued under the terms specified in the licensing survey and will be
				sent to the applicant. (4-6-23)
02.
License
. A license will be issued to any organization in
				compliance with these rules and will specify the terms of licensure, such as:
				(4-6-23)
a. Capacity, age range, and gender;
				(4-6-23)
b. Specific services under
				the approved program description; and (4-6-23)
c. Effective up to twelve (12) months from
				the date of issuance unless suspended or revoked earlier.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.103 - RESTRICTIONS ON APPLICABILITY AND NONTRANSFER

Current through August 31, 2023
01.
Issued License
. A license applies only to the organization and
				premises designated. Each license is issued in the name of the organization, or
				governmental unit identified on the application and only to an address of the
				organization stated in the application and approved program description for the
				period and services specified. Any change in terms, such as capacity, ages, or
				gender served, approved program description services, management, or address
				renders the license null and void. (4-6-23)
02.
Nontransferable
. A license
				is nontransferable from one (1) individual to another, from one (1) business
				entity or governmental unit to another, or from one (1) location to another.
				(4-6-23)
03.
Change in
				Ownership, Operator, Terms, or Location
. When these changes occur, the
				organization must submit a change application. The new owner or operator must
				obtain a license before starting operations. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.104 - 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 organization
				  as often as deemed necessary by the Department to assure compliance with these
				  rules at intervals not to exceed twelve (12) months. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.105 - LICENSE RENEWAL

Current through August 31, 2023
Under Section
				  39-1215, Idaho Code, a renewal
				  application must be submitted through a Department-approved process, no less
				  than sixty (60) days before the expiration date of the license. When renewal
				  applications are properly made, the existing license will, unless revoked,
				  remain in force until the Department has completed an annual survey.
				  (4-6-23)
01.
Full Survey
.
				An organization will receive a full survey upon initial licensure and annually
				thereafter. (4-6-23)
02.
Focused Survey
. An organization may receive a focused annual survey if
				the organization meets the following: (4-6-23)
a. Has been licensed for three (3)
				consecutive years; (4-6-23)
b. Has
				received five (5) or fewer total deficiencies during the most recent annual
				survey and any mid- year statement of deficiencies; and (4-6-23)
c. Has no criminal history, medication, child
				health record, dental, or repeat deficiencies in the last three (3) annual
				surveys or mid-year statement of deficiencies. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.106 - COMPLAINT INVESTIGATION

Current through August 31, 2023
The Department will investigate complaints and has the
				  discretion to decide which methods and tasks of investigation to employ. Onsite
				  investigations can be unannounced and without prior notice. (4-6-23)T
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.107 - SUSPENSION OR REVOCATION FOR INFRACTIONS

Current through August 31, 2023
A license may be suspended for a violation of these rules.
				  Suspension may lead to revocation if the operator fails to satisfy the
				  Department that the violation has been corrected to assure compliance.
				  (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.108 - NONRENEWAL, DENIAL, REVOCATION, OR SUSPENSION OF LICENSE

Current through August 31, 2023
If, upon investigation, it is found that an applicant or
				  operator has failed or refused to comply with the provisions of the Child Care
				  Licensing Reform Act, Title 39, Chapter 12, Idaho Code, or 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 organization when the following is determined:
				  (4-6-23)T
01.
Criminal
				Conviction or Relevant Record
. Anyone providing direct care or working
				onsite under these rules is denied background clearance or refuses to comply
				with requirements in IDAPA 16.05.06, "Criminal History and Background Checks."
				(4-6-23)
02.
Other
				Misconduct
. The applicant, operator, or the chief administrator:
				(4-6-23)
a. Fails to furnish any data,
				statistics, records, or information requested by the Department without good
				cause or provides false information. (4-6-23)
b. Has been found guilty of, or is under
				investigation for, fraud, deceit, misrepresentation, or dishonesty with the
				operation of the organization. (4-6-23)
c. Has been found guilty of, or is under
				investigation for, the commission of any felony. (4-6-23)
d. Has knowingly permitted, aided, or abetted
				the commission of any illegal act. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.109 - ENFORCEMENT REMEDY - BAN ON ADMISSIONS

Current through August 31, 2023
The Department may summarily ban admissions, in whole or in
				  part, pending satisfactory correction of all deficiencies. Bans remain in
				  effect until the Department determines that the organization has achieved
				  compliance with all program requirements, or until a substitute remedy is
				  imposed. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › LICENSING AND CERTIFICATION › Section 16.04.18.110 - 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.
				  (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.200 - GENERAL STANDARDS FOR ORGANIZATIONS

Current through August 31, 2023
These organizations must have policies and procedures
				  addressing the licensing standards in Sections
				  200 - 299 of these rules.
				  (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.201 - ACCESS BY DEPARTMENT-AUTHORIZED AGENTS

Current through August 31, 2023
The Department must be provided access to the grounds,
				  facilities, and records for determining compliance with applicable rules and
				  investigation of complaints against the organization. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.202 - NOTIFICATION TO THE DEPARTMENT

Current through August 31, 2023
An organization must notify the Department no later than the
				  next business day of the following: (4-6-23)
01.
Change in Chief
				Administrator
. (4-6-23)
02.
Employee Investigated for Child Abuse or Neglect
.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.203 - NOTIFICATION

Current through August 31, 2023
An organization must notify the Department by close of the
				  next business day using the Department-approved process and immediately notify
				  the parent, guardian, or placing children's agency for the following:
				  (4-6-23)
01.
Fire
. A fire
				that requires the services of a fire company or when children are relocated.
				(4-6-23)
02.
Hospitalized
				Child
. Any illness, injury, or behavioral health crisis that requires
				admittance to a hospital. (4-6-23)
03.
Law Enforcement Authorities
.
				When a child is detained, arrested, or charged by law enforcement authorities.
				(4-6-23)
04.
Suicide
				Attempt
. A child's attempt to commit suicide that requires an external
				emergency response or emergency room visit. (4-6-23)
05.
Missing or Runaway Child
.
				When a child is missing or has eloped and is not within the child's supervision
				needs. (4-6-23)
06.
Death of
				a Child
. If sudden death, or if the death occurs because of a crime or
				accident, the appropriate law enforcement agency must be contacted immediately.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.204 - REGISTRATION

Current through August 31, 2023
The organization must be registered with the Idaho Secretary
				  of State. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.205 - ORGANIZATIONAL CHART

Current through August 31, 2023
An organization must have an organizational chart identifying
				  the job positions, individuals in each position, and the lines of authority
				  within the organization. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.206 - INSURANCE COVERAGE

Current through August 31, 2023
An organization must maintain copies of current motor
				  vehicle, comprehensive general liability, and professional liability insurance.
				  (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.207 - QUALITY OF SERVICES

Current through August 31, 2023
An organization must carry out its licensed programs in an
				  environment that is safe, accessible, and appropriate for the needs of those
				  served and with regard for the rights and protections of those persons
				  receiving services. (4-6-23)
01.
Assess Compliance
. The organization's administration must conduct
				and document a quality assurance review for compliance with these rules
				annually. (4-6-23)
02.
Corrective Action for Noncompliance
. For each noncompliance, within
				thirty (30) days of notification by the Department, the organization must have
				developed and implemented a plan approved by the Department to correct each
				item within six (6) months. (4-6-23)
03.
Expeditious Correction
. The
				Department may require a more expeditious correction when it determines there
				is a health and safety risk to children. The corrective action must be
				completed within twenty-four (24) hours of discovery of the noncompliance by
				the Department. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.208 - CONFIDENTIALITY AND PRIVACY

Current through August 31, 2023
An organization must have and follow processes governing
				  access to, use of, and release of information about a person served that
				  include the organization's publicity, social media, research, and Health
				  Insurance Portability and Accountability Act (HIPAA) practices. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.209 - PROGRAM DESCRIPTION

Current through August 31, 2023
An organization must have and follow a program description of
				  the services and fees the organization charges including those provided by the
				  organization or arranged through other sources. This information must be
				  available to the public. The description must include criteria governing
				  eligibility for service, age, specific characteristics, and treatment needs of
				  children served, accommodation of cultural sensitivity, and the geographic area
				  served. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.210 - SUFFICIENT FINANCIAL RESOURCES

Current through August 31, 2023
An organization must have sufficient financial resources to
				  implement and deliver its programs. Initially and annually, organizations must
				  develop and implement a financial plan to carry out its programs, to ensure
				  that children receive safe and appropriate care and needed services, and to
				  ensure licensing requirements are met. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.211 - HUMAN RESOURCES NEEDED

Current through August 31, 2023
An organization must: (4-6-23)
01.
Human Resources
. Determine,
				organize, and deploy the human resources needed to provide services subject to
				these rules and to promote optimum outcomes for persons served.
				(4-6-23)
02.
Staff
.
				Have an adequate number of qualified administrative staff, supervisor(s), case
				manager(s), direct care staff, and other staff to perform the prescribed
				functions required by these rules to provide for the needs, safety, protection,
				and supervision of children served. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.212 - CHIEF ADMINISTRATOR RESPONSIBILITIES

Current through August 31, 2023
An organization must designate a person to function as the
				  chief administrator to manage the organization including the overall day-to-day
				  responsibilities. The chief administrator must adopt and implement lines of
				  responsibility that ensure the proper and effective supervision and monitoring
				  of employees and volunteers. There must be a written plan for the delegation of
				  authority in the absence of the chief administrator. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.213 - CHIEF ADMINISTRATOR QUALIFICATIONS

Current through August 31, 2023
01.
Qualifications
. All organizations must employ a full-time chief
				administrator. At the time of appointment, the chief administrator must have
				two (2) years experience working with children and three (3) years experience
				in staff supervision and administration, and one (1) of the following: (4-6-23)
a. A Bachelor's degree in a relevant
				discipline; (4-6-23)
b. The
				completion of a career development program which includes work related
				experience, training, or college credits that provide a level of achievement
				equivalent to the Bachelor's degree. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.04.18 - CHILDREN'S AGENCIES AND RESIDENTIAL LICENSING › CHILDREN'S AGENCIES, CHILDREN'S RESIDENTIAL CARE FACILITIES, AND OUTDOOR PROGRAMS › Section 16.04.18.214 - CASE MANAGER SUPERVISOR

Current through August 31, 2023
The organization must employ a case manager supervisor when
				  the organization employs eight (8) or more full-time case managers. A case
				  manager supervisor is not allowed to supervise their own work and must not
				  supervise more than eight (8) full-time case managers. (4-6-23)