Title 39, HEALTH AND SAFETY

39-907. Exemptions. The provisions of this chapter shall not apply to any child whose parent or guardian: (1) Objects on religious or other grounds, including philosophical or conscientious beliefs; or (2) Submits a certificate signed by a physician licensed by the state board of…

39-1001. Serological test of pregnant or recently-delivered women. Every licensed physician attending a pregnant woman for a condition relating to her pregnancy, or at delivery, or after delivery for a condition relating to her pregnancy, shall in the case of every woman so atten…

39-1002. Procedure when woman not attended by licensed physician. Every other person attending a pregnant or recently delivered woman in the state, but not permitted by law to take blood samples, shall within fifteen (15) days of the first examination cause a sample of blood of s…

39-1003. Standard serological test defined. For the purpose of sections 39-1001—39-1006, Idaho Code, a standard serological test shall be a test for syphilis approved by the state board of health and welfare.

39-1004. Laboratory report of test. The laboratory analyzing the blood sample shall furnish to the physician offering the sample a detailed report of the standard serological test, and including the result of the test. If the laboratory is not operated by the state department of …

39-1005. Reports of births and stillbirths to note making of test. In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificates of birth or death whether a standard serological test for syphilis has been made upon a …

39-1006. Penalty for violations. Any person who violates the provisions of sections 39-1001—39-1006 shall be guilty of a misdemeanor; provided, however, that every licensed physician or other person attending a pregnant or recently delivered woman, who requests such sample in acc…

39-1101. Policy. It is hereby declared to be the policy of this state to establish a statewide system for the protection of children in daycare facilities. This system is intended to establish standards, while still leaving primary responsibility for evaluation and selection of d…

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, …

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 …

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 re…

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…

39-1106. Issuance of license — Renewal. (1) Upon receipt of the completed application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the standards set forth in this chapter, issue a basic daycare license to the applicant…

39-1107. Fees. (1) The total fee to be assessed for a daycare license 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 …

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 premise…

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 u…

39-1110A. behavior management and discipline. Methods of behavior management and discipline for children shall be positive, consistent, and based on each child’s needs, stage of development, and behavior. Discipline is to promote self-control, self-esteem, and independence. The f…

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 includin…

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 …

39-1112A. access to information. The department shall make available to daycare consumers information to educate daycare consumers with informational tools useful in identifying quality daycare, including: (1) The importance of parents being vigilant for the safety, emotional hea…

39-1113. Denial, suspension or revocation of license. (1) The department shall investigate complaints against daycare facilities. If a preliminary investigation indicates that a more complete investigation is necessary, the operator of the facility shall be informed of the invest…

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 m…

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 unless otherwise exempted by this chapter. (2) If a daycare facility is found to be operating without a license,…

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.

39-1118. Immunization. (1)(a) 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 diseas…

39-1119. Training requirements. The owner or operator of a daycare center shall ensure that each employee receives four (4) hours of ongoing training in child development areas related to daycare every twelve (12) months after the employee’s hire date. Each staff member counting …

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…