Idaho Child Care Laws

I thought it of some value to reproduce this, since so much uninformed information is out there on this subject.

State licenses are issued through regional Family and Children's Services offices in the Idaho Department of Health and Welfare. Renewal of licenses is required every two years. The following types of child care settings and licensing requirements are available. (See Idaho Code 39-1101, Chapter 11 Basic Child Care License. See also IDAPA 16-06-02 — Rules Governing Standards for Child Care Licensing.)

DID YOU KNOW?

It is a misdemeanor to operate a child care center within Idaho without first obtaining a basic child care license or for failure to post a basic child care license in a conspicuous place.

Idaho Code 39-1115


Family child care homes enroll 1 to 6 children and are not required to be state-licensed. They can, however, be licensed on a voluntary basis (usually done if the provider wishes to participate in the federally funded food program). There are approximately 150 licensed family child care homes statewide.

Group child care providers enroll 7 to 12 children and must be certified by state law. There are approximately 650 licensed group child care facilities statewide.

Child care centers enroll 13 or more children and must be licensed by state law. There are approximately 500 licensed child care centers in Idaho, not including preschools and nursery schools.

UNDER IDAHO LAW

Any parent or guardian shall have the right to enter the premises of any facility during their hours of operation - denial is grounds for suspension/revocation of the child care license.

Idaho Code 39-1112

Requirements for licensure under Idaho Code 39-1101, et seq., include:

* Safety inspections from the local district health department and the fire department;

* Pre-screening staff through fingerprinting and criminal records background checks;

* Four hours annual in-service training for staff members;

* Proof of child immunizations within 14 days of child's enrollment (exceptions are allowed in situations where there are life, health, or religious objections. See "The Child Care Provider's Role in Immunizations.")

Type of Child Care License


Idaho Requirements for All Licenses


Approximate Cost
Child Care Home
(1-6 Children) Criminal History Check

Health Inspection

Fire Inspection
$45.00/one time fee per individual

$35.00/year

$20.00/year
Group Child Care Center
(7-12 children) Criminal History Check

Health Inspection

Fire Inspection
$45.00/one time fee per individual

$35.00/year

$20.00/year
Basic Child Care Facility
(13 or more children) Criminal History Check

Health Inspection

Fire Inspection
$45.00/one time fee per individual

$35.00/year

$20.00/year
Optional License:
Certified Group Child Care Facility Criminal History Check

Fire Inspection
$45.00/one time fee per individual

$20.00/year

Fire Inspection. The fire inspection includes an on-site review to insure child care centers comply with the following fire safety standards:

* Adequate fire and smoke alarms;
* A functional telephone;
* Adequate fire extinguishers or other suitable arrangements for extinguishing fires;
* Adequate exits;
* This inspection results in a determination of the maximum allowable ratio of children to staff.

Fire safety standards within the Idaho law require a staff-to-child ratio of:

1 : 6

for children 18 months or younger


1:12

for children from 18 months to five years of age


1:18

for children five years of age and older

Health Inspection. The health inspection includes an onsite review to ensure child care centers comply with the following health standards:

* Food preparation standards;
* Food storage standards;
* Diaper changing methods;
* Sanitary condition of sleeping and play areas, restrooms, and fixtures;
* Handwashing practices of staff and children;
* Safe water supply test(where the source is other than a public water system);
* Storage practices of medicines and cleaning supplies;
* Telephone or some type of emergency communication system is required.

If you have questions regarding the health inspections, contact your local health district office.

Criminal History Checks. Criminal history checks are required for all applicants, owners, employees, volunteers (providing more than 12 hours volunteer service per month), and all other individuals twelve (12) years of age or older who have unsupervised direct contact with children. The criminal history check includes a review of the following records:

* Statewide criminal identification bureau check;
* Federal bureau of investigation criminal history;
* National criminal information center;
* Statewide child abuse register.

Additional Local Licensing. Local city governments can establish and enforce their own child care licensing regulations, as long as the licensing requirements are equal to or more stringent than state license provisions. There are ten cities in Idaho that license child care facilities in their jurisdictions — Boise, Chubbuck, Coeur d'Alene, Garden City, Hailey, Jerome, Lewiston, Moscow, Orofino and Pocatello. If you live in one of these areas, check with your local City Clerk's office for additional licensing information, requirements, and local fees.

Examples of expanded license requirements may include:

* Requirement that all child care centers, regardless of how many children are enrolled, be licensed;
* Requirement to seek Planning and Zoning approval;
* Requirement for staff trained in CPR and first aid be onsite at all times.

Exemptions from licensing requirements under Idaho Code 39-1101 include:

* Occasional care of a neighbors, relative's, or friend's child/children by a person not ordinarily in the business of child care;
* Operation of a private school or religious school for educational purposes for children over four (4) years of age or a religious kindergarten;
* Provision of occasional care exclusively for children of parents who remain onsite in the same building;
* Operation of day camps, programs, and religious schools for less than twelve (12) weeks during a calendar year or not more often than once a week;
* Provision of care for children of only one (1) immediate family in addition to the person's own children.

For more information or if you have questions on child care licensing requirements for your area, contact your local Health and Welfare office or contact the Idaho CareLine at 1-800-926-2588 or 1-208-332-7205 (TDD).

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Idaho Department of Health and Welfare

It is a misdemeanor to operate a child care center within Idaho without first obtaining a basic child care license or for failure to post a basic child care license in a conspicuous place.

Idaho Code 39-1115

UNDER IDAHO LAW

Any parent or guardian shall have the right to enter the premises of any facility during their hours of operation - denial is grounds for suspension/revocation of the child care license.

Idaho Code 39-1112