T39CH12

Title 39 > T39CH12

Sections (25)

39-1201

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 the parents are seeking alternative twenty-four (24) hour long-term care for their children. This policy is predicated upon the fact that children are vulnerable, not capable of protecting themselves, and when their parents for any reason have relinquished their care to others, there arises the possibility of certain risks to the children’s lives, health and safety which the community as a whole must protect against. This requires the offsetting statutory protection of review and, in certain instances, licensing or registration. The provisions of this chapter shall apply only to those entities specifically addressed herein. It is not the intent of the legislature to restrict, regulate, or otherwise control private day schools or home schools. History: [(39-1201) 1963, ch. 320, sec. 1, p. 901; am. and redesignated 1990, ch. 215, sec. 2, p. 569.]

39-1202

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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) Child means an individual less than eighteen (18) years of age who is not enrolled in an institution of higher education. (4) Children’s agency means a person who operates a business for the placement of children in foster homes or for adoption in a permanent home and who does not provide child care as part of that business. Children’s agency does not include a licensed attorney or physician assisting or providing natural and adoptive parents with legal services or medical services necessary to initiate and complete adoptive placements. (5) Children’s camp means a program of child care at a location away from the child’s home that is primarily recreational and includes the overnight accommodation of the child and is not intended to provide treatment, therapy or rehabilitation for the child. (6) Children’s institution means a person who operates a residential facility for children not related to that person, if that person is an individual, for the purpose of providing child care. Children’s institutions include, but are not limited to, foster homes, maternity homes, children’s therapeutic outdoor programs, or any facilities providing treatment, therapy or rehabilitation for children. Children’s institutions do not include: (a) facilities that provide only daycare as defined in chapter 11, title 39 , Idaho Code; (b) facilities and agencies including hospitals, skilled nursing facilities, intermediate care facilities, and intermediate care facilities for people with intellectual disabilities licensed pursuant to chapter 13, title 39 , Idaho Code; (c) day schools; (d) individuals acting in an advisory capacity, counseling a child in a religious context, and providing no child care associated with the advice; or (e) 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. (7) Children’s residential care facility means a children’s institution, excluding: (a) Foster homes; (b) Residential schools; (c) Children’s camps. No facility expressly excluded from the definition of a children’s institution is included within the definition of a children’s residential care facility. (8) Children’s therapeutic outdoor program is a program designed to provide behavioral, substance abuse, or mental health services to minors in an outdoor setting. This does not include children’s camps, church camps, or other outdoor programs primarily designed to be educational or recreational, such as Boy Scouts, Girl Scouts, 4-H or sports camps. (9) Continued care means the ongoing placement of an individual in a foster home, children’s residential care facilit

39-1203

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 shall be signed under oath by the administrative employee responsible for operation of the children’s institution. (1) An initial disclosure report shall be filed with the department: (a) Within six (6) months of the effective date of this chapter for all children’s institutions which are providing child care on the effective date of this chapter; or (b) At least thirty (30) days prior to the acceptance of any child for child care. (2) An annual update disclosure report shall be filed by all children’s institutions except foster homes each year within thirty (30) days of the anniversary of the filing of the initial disclosure report. The department may waive the filing of an annual disclosure report by any children’s institution. History: [39-1203, added 1990, ch. 215, sec. 4, p. 571; am. 1990, ch. 214, sec. 2, p. 566.]

39-1204

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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), address and telephone number(s) of the individual(s) in charge at each children’s agency or children’s institution. (c) The number of children that can be accommodated for child care at each children’s institution and a description of such accommodations. (d) Whether and how the children’s institution seeks, receives or enrolls students for treatment of special needs such as substance abuse, mental illness, emotional disturbance, developmental disability, intellectual disability, or students who have been identified by the judicial system as requiring treatment, therapy, rehabilitation or supervision. (e) A complete description of the child care services to be provided at each children’s institution. (f) Whether and how the children’s institution expects to receive payment, including payment from health insurance carriers, for identified treatment needs such as substance abuse, mental illness, emotional disturbance, developmental disability, or intellectual disability. (g) Whether and how the children’s institution represents to the payor of the child care services provided by the children’s institution that such payment may qualify for health insurance reimbursement by the payor’s carrier or may qualify for tax benefits relating to medical services. (h) A description of the educational programs provided at each children’s institution and their accreditation status. (2) The department shall design a form for the annual update disclosure report which shall reference the information provided in the initial disclosure report and shall request identification of any changes in the information provided on the initial report or the previous annual update disclosure report. History: [39-1204, added 1990, ch. 215, sec. 5, p. 571; am. 2002, ch. 219, sec. 2, p. 601; am. 2010, ch. 235, sec. 23, p. 562.]

39-1205

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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) Residential schools; (3) Children’s camps; (4) Children’s therapeutic outdoor program; or (5) Each children’s institution not otherwise categorized in subsections (1) through (4) of this section, except any day school, shall be designated as a children’s residential care facility. History: [39-1205, added 1990, ch. 215, sec. 6, p. 572; am. 2001, ch. 93, sec. 6, p. 238; am. 2002, ch. 219, sec. 3, p. 601.]

39-1206

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 be governed under the provisions of this chapter as a residential school. A children’s camp which provides child care for any one (1) child for less than nine (9) consecutive weeks in any one (1) year period shall be exempt from the licensure and disclosure provisions of this chapter. History: [39-1206, added 1990, ch. 215, sec. 7, p. 572; am. 1990, ch. 214, sec. 3, p. 566.]

39-1207

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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) The Idaho department of education shall certify to the department whether each residential school has been accredited according to the accrediting standards promulgated by the Idaho department of education, the Idaho state board of education or a secular or religious accrediting association recognized by the Idaho department of education. (3) If a residential school has been certified as accredited under subsection (2) of this section, then the department shall exercise no further jurisdiction under this chapter over that accredited residential school so long as the accreditation for the residential school remains in effect. (4) Upon certification of accreditation, the Idaho department of education shall notify the accredited residential school that all future update disclosure reports or other reports as the Idaho department of education may require shall be filed with the Idaho department of education so long as the accreditation remains in effect. (5) Upon the determination by the Idaho department of education that a residential school is no longer accredited, it shall notify the department and shall notify the residential school that all future update disclosure reports must be filed with the department. (6) A residential school that is not certified or accredited pursuant to this section or has lost accreditation shall be subject to the jurisdiction of the department as a children’s treatment facility pursuant to section 39-1210 , Idaho Code, unless and until accreditation is certified by the Idaho department of education pursuant to this section. (7) The department has the authority to postpone for up to one (1) year the designation of a nonaccredited residential school as a children’s treatment facility upon receipt of an affidavit under oath signed by a legally authorized agent of the nonaccredited residential school that application for accreditation has been made to the Idaho department of education, the Idaho state board of education or an affiliated accrediting association recognized by the Idaho department of education; and the department determines that the application is being pursued in good faith. History: [39-1207, added 1990, ch. 215, sec. 8, p. 573.]

39-1208

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 the organizational stability of the program, which may require incorporation under the laws of Idaho. (2) Require from the policymaking authority of the program the promulgation of a statement setting forth the program’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served. (3) Require a statement of solvency sufficient to maintain programs and personnel necessary to achieve its purposes and objectives and to maintain its services. (4) Assure such recordkeeping and reporting as may be deemed necessary to the program’s services and to the department’s licensing responsibility. (5) Assure the safety and physical care of children for whom the program assumes or accepts responsibility. (6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the program for the child. (7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the program’s purposes and physical demands. (8) The department shall obtain a criminal history check on the owners, operators and employees of all children’s therapeutic outdoor programs. The criminal history check shall be fingerprint based and include the following: (a) Statewide criminal identification bureau; (b) Federal bureau of investigation (FBI) criminal history; (c) National crime information center; and (d) Statewide child abuse register. History: [39-1208, added 2002, ch. 219, sec. 4, p. 602.]

39-1209

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 stability of children’s agencies, which may require incorporation under the laws of this state; (2) Require from the policy-making authority of the agency a statement setting forth the agency’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served; (3) Require a statement of financial solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services. History: [39-1209, added 1990, ch. 215, sec. 10, p. 574.]

39-1210

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 facility: (1) Assure the organizational stability of the facility, which may require incorporation under the laws of Idaho. (2) Require from the policy-making authority of the facility the promulgation of a statement setting forth the facility’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served. (3) Require a statement of solvency sufficient to maintain facilities and personnel necessary to achieve its purposes and objectives and to maintain its services. (4) Assure such recordkeeping and reporting as may be deemed necessary to the facility’s services and to the department’s licensing responsibility. (5) Assure the safety and physical care of children for whom the facility assumes or accepts responsibility. (6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the facility for the child. (7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the facility’s purposes and facilities. (8) Provide through observation and collateral inquiry for studies of homes into which children may be placed sufficient to enable a judgment determining the adequacy of the homes in relation to the needs of the children. (9) In the case of an institution specializing in maternity care to unmarried mothers: (a) Assure social services on behalf of both the mother and infant; and (b) Assure protection of the legal rights and rights to confidential treatment of minor unmarried mothers and their children which shall be subject to disclosure according to chapter 1, title 74 , Idaho Code. (10) The department shall obtain a criminal history check on the owners, operators and employees of all children’s residential care facilities. The criminal history check shall include the following: (a) Statewide criminal identification bureau; (b) Federal bureau of investigation (FBI) criminal history; (c) National crime information center; and (d) Statewide child abuse register. History: [39-1210, added 1963, ch. 320, sec. 3, p. 901; am. 1980, ch. 325, sec. 3, p. 825; am. 1990, ch. 213, sec. 40, p. 513; am. 1990, ch. 215, sec. 11, p. 574; am. 2001, ch. 93, sec. 8, p. 239; am. 2015, ch. 141, sec. 86, p. 441.]

39-1211

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 homes pursuant to this chapter. Such rules shall: (1) Require evidence of income and resources sufficient to maintain the home and the services offered. (2) Require such recordkeeping and reporting regarding children’s status and progress as may be deemed necessary. (3) Assure the safety and adequate physical care of children under care. (4) Require that foster parents be physically and emotionally suited to care for unrelated children and to deal with problems presented by children away from their own homes and own parents and shall require a criminal background check. Provided, however, nothing in this chapter shall be construed to cover 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. History: [39-1211, added 1963, ch. 320, sec. 4, p. 901; am. 1972, ch. 196, sec. 5, p. 483; am. 1974, ch. 23, sec. 114, p. 633; am. 1987, ch. 56, sec. 3, p. 92; am. 1990, ch. 215, sec. 12, p. 575; am. 2001, ch. 93, sec. 9, p. 240.]

39-1211A

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 39-1211A. relative foster care — limited variance or waiver. (1) A relative providing foster care for a related 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 department may expedite placement with a relative, issue a foster care license, grant a limited variance or waiver of a licensing standard or requirement, or establish separate standards or requirements for licensure of relatives if, in the department’s judgment, the health and safety of the related child is not thereby endangered. (3) If the department grants a limited variance or waiver of a licensing standard or requirement to the child’s relative pursuant to this section, the department shall document the grounds for granting the limited variance or waiver and the reasons the limited variance or waiver will not compromise the related child’s safety and health. (4) A limited variance or waiver of a licensing standard or requirement granted to a child’s relative pursuant to this section shall be reviewed by the department for continuing compliance, need, and approval at regular intervals, subject to the provisions of section 39-1113 , Idaho Code. History: [39-1211A, added 2010, ch. 147, sec. 5, p. 321; am. 2025, ch. 142, sec. 3, p. 723.]

39-1211B

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 must have: (a) An adequate supply of safe drinking water. In cases of non-municipal water, the department may test for safety; (b) A properly operating kitchen with a sink, refrigerator, stove, and oven; (c) At least one (1) toilet, sink, and tub or shower in operating condition; (d) Heating and cooling as required by the geographic area, consistent with accepted community standards and in safe operating condition; and (e) A working phone or access to a working phone in close walking proximity. (3) The applicant’s home, grounds, and all structures on the grounds of the property must be properly maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards. The interior and exterior must be free from dangerous objects, conditions, and hazardous materials. (4) The home shall have adequate lighting and ventilation, proper trash disposal, and, if recycling is available, proper recycling disposal. (5) The home shall be free from rodent and insect infestation. (6) The home shall have proper water heater temperature. (7) Medications, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages in the home shall be stored such that they are not accessible by a child. (8) Any pet or domestic animal that is suspected or known to be dangerous shall be kept in an area inaccessible to children. Dogs shall be vaccinated for rabies and comply with the provisions of section 25-2810 , Idaho Code. (9) Swimming pools, hot tubs, and spas shall meet all state, tribal, and local safety requirements. Additionally: (a) Swimming pools shall have a barrier on all sides; (b) Swimming pools shall have their methods of access through the barrier equipped with a safety device, such as a bolt lock; (c) Swimming pools shall be equipped with a life saving device, such as a ring buoy; (d) If a swimming pool cannot be emptied after each use, it shall have a working pump and filtering system; and (e) Hot tubs and spas shall have safety covers that are locked when not in use. (10) The home shall have at least one (1) functioning smoke detector on each level of occupancy of the home and at least one (1) functioning smoke detector near all sleeping areas. (11) The home shall have at least one (1) functioning carbon monoxide detector on each level of occupancy of the home and at least one (1) functioning carbon monoxide detector near all sleeping areas. A living space that does not have equipment that produces carbon monoxide or does not have an attached garage is exempt from this requirement. (12) The home shall: (a) Have at least one (1) operable fire extin

39-1211C

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 39-1211C. FOSTER PARENT TRAINING. (1) Each caregiver, unless exempted, shall complete training on knowledge and skills relating to the reasonable and prudent parent standard as set forth in chapter 16, title 16 , Idaho Code. (2) The department shall make training available on an ongoing basis on the following topics: rights, roles, and responsibilities of foster parents; laws and regulations; the impact of childhood trauma; managing child behaviors; first aid and medication administration; gun safety in foster homes; and the importance of maintaining meaningful connections between the child and parents, including regular visitation. History: [39-1211C, added 2025, ch. 124, sec. 2, p. 655.]

39-1213

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 operated in conformity with the rules and standards authorized herein. Such procedures shall include the manner and form for making application for license, investigation upon application and notice of decision. (2) It is recognized that children’s agencies may have their own procedure for approval of foster homes affiliated with their program. Any foster home which has been approved by a licensed children’s agency shall be exempt from the licensing provisions of this chapter, provided that the standards for approval by such agency are no less restrictive than rules and standards established by the board of health and welfare, and provided further that such children’s agency is maintained and operated in conformity with rules and standards of the board of health and welfare. The board of health and welfare may promulgate rules necessary to implement the provisions of this section. (3) The board of health and welfare is hereby authorized to establish rules allowing for continued care for appropriate individuals eighteen (18) to twenty-three (23) years of age who have been receiving services by, through, or with the authorization of the department of health and welfare or the department of juvenile corrections prior to their eighteenth birthday. History: [39-1213, added 1963, ch. 320, sec. 6, p. 901; am. 1974, ch. 23, sec. 116, p. 633; am. 1980, ch. 302, sec. 1, p. 780; am. 1990, ch. 215, sec. 15, p. 576; am. 2001, ch. 93, sec. 10, p. 240; am. 2002, ch. 219, sec. 5, p. 602; am. 2025, ch. 142, sec. 4, p. 723.]

39-1214

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 the department to be established in conformity with the rules and standards established by the department under the authority conferred herein shall be licensed for a period of one (1) year. History: [39-1214, added 1963, ch. 320, sec. 7, p. 901; am. 1990, ch. 215, sec. 16, p. 576; am. 2001, ch. 93, sec. 11, p. 241; am. 2002, ch. 219, sec. 6, p. 603.]

39-1215

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 form, the existing license shall, unless officially revoked, remain in force until the department has acted on the application for renewal. History: [39-1215, added 1963, ch. 320, sec. 8, p. 901.]

39-1216

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 and safety of any child is not thereby endangered, issue a provisional license for a period not to exceed six (6) months. No more than one (1) provisional license shall be issued to the same foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility in any twelve (12) month period. History: [39-1216, added 1963, ch. 320, sec. 9, p. 901; am. 1990, ch. 215, sec. 17, p. 577; am. 2001, ch. 93, sec. 12, p. 241; am. 2002, ch. 219, sec. 7, p. 603.]

39-1217

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 under the authority conferred herein, the department, through an authorized representative, shall visit each such home and facility as often as it deems necessary or desirable, but in any event at intervals not to exceed twelve (12) months. History: [39-1217, added 1963, ch. 320, sec. 10, p. 901; am. 1990, ch. 215, sec. 18, p. 577; am. 2001, ch. 93, sec. 13, p. 241; am. 2002, ch. 219, sec. 8, p. 603.]

39-1218

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 licensee by registered or certified mail, setting forth the reasons therefor, if upon investigation it is found that the licensee has failed or refused to comply with any of the provisions of this chapter or with any of the rules, regulations or standards established pursuant to this chapter. (2) Within fifteen (15) days from receipt of notice of grounds for denial, suspension, revocation or nonrenewal, the applicant or licensee may serve upon the director by registered or certified mail, a written request for hearing. Upon receipt of such request, the director shall fix a date for hearing, which date shall not be more than thirty (30) days from receipt of the request and shall give the applicant or licensee at least fifteen (15) days’ notice of said hearing date. (3) If no request for hearing is made within the time specified, the license shall be deemed denied, suspended or revoked. The department shall notify the applicant or licensee of the decision of the director or his authorized representative within thirty (30) days after conclusion of the hearing. History: [39-1218, added 1963, ch. 320, sec. 11, p. 901; am. 1974, ch. 23, sec. 117, p. 633; am. 1990, ch. 215, sec. 19, p. 577.]

39-1219

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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, program or agency is located, in the manner and form as provided in chapter 52, title 67 , Idaho Code, provided, however, the filing of notice of appeal shall not, unless otherwise ordered, stay the proceedings of the director. History: [39-1219, added 1963, ch. 320, sec. 12, p. 901; am. 1974, ch. 23, sec. 118, p. 633; am. 1990, ch. 215, sec. 20, p. 578; am. 2002, ch. 219, sec. 9, p. 604; am. 2025, ch. 82, sec. 95, p. 379.]

39-1220

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 shall be guilty of a misdemeanor. However, in the event of an initial citation for violation of the provisions of this section, if a person makes the application required within thirty (30) days, the complaint shall be dismissed. The penalty for violation of the provisions of this section shall be three hundred dollars ($300) for each day of a continuing violation, which penalty shall accrue from thirty (30) days following the initial notice of violation in the event of a finding of violation. History: [39-1220, added 1963, ch. 320, sec. 13, p. 901; am. 1990, ch. 215, sec. 21, p. 578; am. 2001, ch. 93, sec. 14, p. 241; am. 2002, ch. 219, sec. 10, p. 604.]

39-1221

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 court of the county in which the child is receiving care and returned to the child’s own home, or placed in the custody of the department if the child’s custodial parent is not available. The prosecuting attorneys of the several counties shall represent the department at all stages of the proceedings before the magistrate court. The magistrate court shall retain jurisdiction relative to child custody pursuant to the provisions of this section. In the event that the prosecuting attorney in the county where the alleged violation occurred fails or refuses to act within sixty (60) days of notification of the violation, the attorney general is authorized to prosecute violations under this chapter. History: [39-1221, added 1963, ch. 320, sec. 14, p. 901; am. 1990, ch. 215, sec. 22, p. 578; am. 1990, ch. 214, sec. 4, p. 567; am. 2001, ch. 93, sec. 15, p. 241; am. 2002, ch. 219, sec. 11, p. 604.]

39-1222

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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 attorney who shall represent the department in the proceeding, maintain an action in the name of the state for injunction or other process against a person as defined herein who shall hereafter operate or maintain any foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility without first having secured a license pursuant to the provisions of this chapter. Upon a finding that the safety of children at a foster home, children’s agency, children’s therapeutic outdoor program or children’s residential care facility is endangered, the department has the authority to immediately revoke a license. History: [39-1222, added 1963, ch. 320, sec. 15, p. 901; am. 1990, ch. 215, sec. 23, p. 578; am. 2001, ch. 93, sec. 16, p. 242; am. 2002, ch. 219, sec. 12, p. 604.]

39-1224

TITLE 39 HEALTH AND SAFETY CHAPTER 12 CHILD CARE LICENSING REFORM ACT 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. History: [39-1224, added 1963, ch. 320, sec. 18, p. 901; am. 1987, ch. 56, sec. 4, p. 92; am. 1990, ch. 215, sec. 24, p. 579.]