Title 39, HEALTH AND SAFETY

39-1201. Policy. It is hereby declared to be the policy of this state to insure that children of this state shall receive adequate substitute parental care in the event of absence, temporary or permanent inability of parents to provide care and protection for their children or th…

39-1202. Definitions. For the purposes of this chapter: (1) "Board" means the Idaho board of health and welfare. (2) "Child care" means that care, control, supervision or maintenance of children for twenty-four (24) hours a day provided as an alternative to parental care. (3) "Ch…

39-1203. Filing of disclosure reports. All children’s institutions except foster homes shall file with the department a disclosure report as designed by the department and containing only such information as set forth in section 39-1204, Idaho Code. All such disclosure reports sh…

39-1204. Form for disclosure report. (1) The department shall design a form for the initial disclosure report which shall contain only the following information: (a) The name, address and telephone number(s) for each children’s agency or children’s institution. (b) The name(s), a…

39-1205. Evaluation of disclosure reports. The department shall review all initial and annual update disclosure reports and shall categorize each children’s institution, based on the type of care provided, into one (1) of the following categories: (1) Foster homes; (2) Residentia…

39-1206. Children’s camps. A children’s camp which provides child care for any one (1) child for more than nine (9) consecutive weeks in any one (1) year period shall constitute a children’s treatment facility. A children’s camp which also constitutes a residential school shall b…

39-1207. Residential schools. (1) Upon receipt of an initial disclosure report from a children’s institution that the department categorizes as a residential school, the department shall provide a copy of such initial disclosure report to the Idaho department of education. (2) Th…

39-1208. Standards for children’s therapeutic outdoor programs. The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s therapeutic outdoor program: (1) Assure th…

39-1209. Standards for children’s agencies. The board shall have the power and it shall be its duty to promulgate appropriate rules and regulations necessary to implement and enforce the following standards for licensing children’s agencies to: (1) Assure the organizational stabi…

39-1210. Standards for children’s residential care facilities. The board of health and welfare shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s residential care faci…

39-1210A. Quality of care oversight — Inspections and interviews — licensing. (1) The department shall assess the quality of care of all licensed children’s residential care facilities. To assess the quality of care, the department shall: (a) Conduct an annual unannounced inspect…

39-1210B. Individualized service planning and documentation requirements for residential care facilities. (1) Residential care facilities shall document the following information at the time of a child’s placement: (a) The physical and emotional state of the child upon intake; (b…

39-1211. Standards for foster homes — Board authorized to implement and enforce. The board of health and welfare shall have the power, and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing private foster …

39-1211A. Kinship foster care — limited variance or waiver. (1) Kin providing foster care for a child pursuant to chapter 16, title 16, Idaho Code, must be licensed in accordance with this chapter. (2) Notwithstanding the provisions of subsection (1) of this section, the departme…

39-1211B. foster home health and safety requirements. (1) Foster homes licensed by the department shall meet the health and safety requirements described in this section, except as provided by section 39-1211A, Idaho Code. (2) The living space of a home licensed by the department…

39-1211C. FOSTER PARENT TRAINING. (1)(a) Prior to licensure pursuant to this chapter, each applicant, unless exempted, shall complete the following: (i) Training on knowledge and skills relating to the reasonable and prudent parent standard as set forth in chapter 16, title 16, I…

39-1212. Foster child safety. (1) All children placed in foster care shall have the following safety-related rights: (a) The right to reside in a safe and healthy environment; (b) The freedom from physical, sexual, emotional, or other abuse. This includes the freedom to be placed…

39-1213. Licensing authority. (1) The board of health and welfare is hereby authorized and directed to establish procedures for licensing foster homes, children’s agencies, children’s therapeutic outdoor programs and children’s residential care facilities which are maintained and…

39-1214. Eligibility for license. Any foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility which applies for a license in the manner and form prescribed by the board of health and welfare and is found upon investigation by…

39-1215. Expiration — Renewal. If a licensee desires to apply for a renewal of its license, an application for renewal shall be filed sixty (60) days prior to the expiration date of the license in force. When such application for renewal has been made in the proper manner and for…

39-1216. Provisional license. Upon initial investigation, should an applicant for a license be unable to meet a standard because of conditions that are unlikely to endure beyond six (6) months from the date of such investigation, the department may, if in its judgment the health …

39-1217. Visitation. For the purpose of determining whether every licensed foster home, licensed children’s agency, licensed children’s therapeutic outdoor program and licensed children’s residential care facility consistently maintains conformity with the standards established u…

39-1218. License — Denial — Suspension — Revocation — Nonrenewal — Hearing. (1) Any license issued pursuant to this chapter may be denied, suspended, revoked or not renewed, by notice in writing by the director or his authorized representative served upon the applicant or license…

39-1219. Appeal from decision of director. If an applicant or licensee feels aggrieved by a decision rendered as a result of a hearing, as provided in section 39-1218, Idaho Code, appeal may be taken to the district court of the county in which the group or foster home, facility,…

39-1220. Operating without license misdemeanor. Any person or persons who operate a foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility, within this state, without first obtaining a license as provided in this chapter sha…

39-1221. Removal of children. Any child or children receiving child care in a children’s residential care facility or children’s therapeutic outdoor program found to be operating without a license may be removed from such home, agency or institution upon order of the magistrate c…

39-1222. Action against unlicensed foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility. Notwithstanding the existence or pursuit of any other remedy, the department shall, upon showing good cause to the prosecuting attorn…

39-1224. Title of act. This act shall be known and cited as the "Child Care Licensing Reform Act," and the caption for chapter 12, title 39, Idaho Code, shall so designate.

39-1225. YOUTH BILL OF RIGHTS IN LICENSED CHILDREN’S RESIDENTIAL FACILITIES. (1) The department shall develop, publish, and periodically update a youth bill of rights that applies to all children residing in facilities licensed by the department pursuant to this chapter and depar…

39-1226. CRITICAL INCIDENT REPORTING IN LICENSED CHILDREN’S FACILITIES. (1) As used in this section, "critical incident" means any event that threatens or significantly impacts the physical or psychological safety, health, rights, or well-being of a child in a licensed children’s…