39-1101. POLICY. It is hereby declared to be the policy of this state to establish a minimum statewide system for the protection of children in daycare facilities. This system is intended to establish minimum standards, while still leaving primary responsibility for evaluation and selection of daycare services with parents. The minimum standards established by this […]
39-1102. DEFINITIONS. As used in this chapter: (1) "Board" means the Idaho board of health and welfare. (2) "Child" means a person less than thirteen (13) years of age. (3) "Daycare" means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, […]
39-1103. LICENSING AUTHORITY. The department is hereby authorized and directed to issue "basic daycare licenses" as provided in this chapter. The department is authorized to establish procedures for issuing licenses to daycare facilities which shall be maintained and operated in conformity with the standards authorized in this chapter. Nothing in this chapter shall be construed […]
39-1104. APPLICATION FOR LICENSE — FIRE SAFETY AND HEALTH INSPECTIONS. (1) Application. A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age, shall submit an application on the forms provided by the department, and shall obtain the required certificates of inspection as provided herein. (2) Inspections. […]
39-1105. CRIMINAL HISTORY CHECKS. (1) All owners, operators, and employees of a daycare facility who have direct contact with children and all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility shall complete and pass a criminal history […]
39-1106. ISSUANCE OF LICENSE — RENEWAL. (1) Upon receipt of the application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the minimum standards set forth in this chapter, issue a basic daycare license to the applicant. The license shall be valid for two (2) years and shall be […]
39-1107. FEES. (1) The department shall establish by rule the maximum total fee to be assessed for a basic daycare license which shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with thirteen […]
39-1108. LOCAL OPTION. (1) If a city or county, within its respective jurisdiction, has adopted an ordinance for regulation and/or licensing of daycare services, then the provisions of this chapter shall not apply with such city or county unless the ordinance is subsequently repealed. To qualify for exemption, regulation of centers must include a criminal […]
39-1109. SAFETY STANDARDS. (1) Daycare facilities, owners and operators shall comply with the following safety standards in the area of the daycare facility in which daycare is provided: (a) Adequate fire and smoke alarms; (b) A functional telephone located on the daycare premises during the hours of operation; (c) Adequate fire extinguishers; (d) Adequate exits; […]
39-1110. HEALTH STANDARDS. Daycare facilities shall comply with the following health standards: (1) Food for use in daycare facilities shall be prepared and served in a sanitary manner with sanitized utensils and on surfaces that have been cleaned, rinsed and sanitized prior to use to prevent contamination; (2) All food that is to be served […]
39-1111. RULES AUTHORIZED. In order to implement the provisions of this chapter, the department, in addition to other duties imposed by law, is hereby authorized and directed through rulemaking to establish procedures necessary to implement the provisions of this chapter including procedure for submission of required certificates as provided in sections 39-1109 and 39-1110, Idaho […]
39-1112. VISITATION. Any parent or guardian shall have the absolute right to enter the premises of any facility during the period of care for the parent’s or guardian’s child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for suspension or revocation of the license, pursuant to […]
39-1112A. ACCESS TO INFORMATION. The department shall make available to daycare consumers an informational pamphlet, created by the department, to educate daycare consumers with informational tools useful in identifying quality daycare. The department may deliver pamphlets during direct contact with daycare consumers, or by delivering pamphlets to daycare providers during the licensing or renewal process, […]
39-1113. DENIAL, SUSPENSION OR REVOCATION OF LICENSE. (1) A license may be denied, suspended or revoked by the department if the department finds that the applicant or licensee does not comply with the provisions of this chapter. (2) No person who pleads guilty to, has been found guilty of or received a withheld judgment for […]
39-1114. LIMITED APPLICATIONS. (1) Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check. (2) Fire inspections may be conducted by department designated health and safety inspectors […]
39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a daycare facility within this state without first obtaining a basic daycare license from the department or to operate a daycare facility without posting a basic daycare license in a conspicuous place. A copy of this chapter shall be available on the premises at all […]
39-1116. PROSECUTION. It shall be the duty of the prosecuting attorney of the county in which the daycare facility is located to prosecute violations of the provisions of this chapter. History: [39-1116, added 1987, ch. 56, sec. 1, p. 97; am. 2009, ch. 295, sec. 16, p. 882.]
39-1117. NO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS. The issuance of a license or certificate pursuant to this chapter shall not constitute a representation of affirmance to any person that the daycare facility to which a license is issued is free from risk with regard to the standards in this chapter. The state, its political […]
39-1118. IMMUNIZATION REQUIRED. (1) Within fourteen (14) days of a child’s initial attendance at any licensed daycare facility, the parent or guardian shall provide an immunization record to the operator of the daycare facility regarding the child’s immunity to certain childhood diseases. This record, signed by a physician or his representative or another licensed health […]
39-1119. TRAINING REQUIREMENTS. The owner or operator of a day care center shall ensure that each employee receives four (4) hours of ongoing training every twelve (12) months after the employee’s hire date. History: [39-1119, added 1993, ch. 416, sec. 2, p. 1529.]
