Idaho Idaho

Licensing Standards for DayCare Centers


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Section 300
Standards For Day Care

01.     Purpose. The stated legislative purpose of Sections 39-1101 through 39-1117, 

Idaho  Code, enacted in 1987 and as amended in 1990, 1992 and 1994, is to provide for  

minimum statewide day care licensing for children less than twelve (12) years of  age.  

The purpose is to provide a statement of policy, provide exemption, define  terms, 

designate licensing authorities and authorize the promulgation of rules and  regulations.  

Persons with certain criminal backgrounds are prohibited from working  in day 

carecenters.  Responsibilities for regulatory authority are divided between the  Board, 

the state fire marshal, and the district health departments.  As stated in  Section 39-1101, 

Idaho Code, “It is declared to be the policy of the state to establish  a minimum 

statewide system for the protection of children in day carecenters.  This system is 

intended to establish minimum standards, while still leaving primary responsibility for 

evaluation and selection of day care services with parents.  The  minimum standards 

established by this chapter shall not be construed as preempting more stringent 

regulation by county or city ordinance.”   

02.     Fee Charged. Effective July 1, 1992, fees shall be charged at the time of initial  

application for a basic day care license or certification.  The fees will be used to cover 

the expenses for fire inspections, health inspections and criminal history checks.  The 

initial application fees shall not be refundable.  Basic day care licenses  and 

certifications shall be valid for a period of two (2) years.   

  

a.      Fees shall also be charged at the time of application for renewal of a license or  

certification.  An application for renewal must be filed every two (2) years prior  

to the expiration of a current basic day care license or certification in order for  

the current license or certification to remain valid, pending the completion of the  

appropriate inspections.  Application fees for renewal shall not be refundable.   

b.      Fees for initial application and renewal of basic day care licenses and  

certifications shall be paid directly to the inspecting fire and health agencies,  

except for the criminal history checks which will be paid directly to the  

Department.   

c.      The applicable license fee payable to the Department upon initial application or 

a  renewal shall be reduced for any day care facility which provides evidence that at  

least fifty percent (50%) of its staff is certified in infant/child first aid and  

cardiopulmonary resuscitation.     

i.      To receive such refund of monies paid to the Department for licensure or  

renewal, the applicant or owner/operator of such facility shall submit to the  

Department day care licensing unit, at any time during the period of a valid  

license or certificate for day care, written documentation of the number of  

staff in the facility and that at least fifty percent (50%) of that staff is certified  

in infant/child first aid and cardiopulmonary resuscitation.   

ii.     Upon receipt of valid documentation that fifty percent (50%) of the staff of  

that facility is so certified, a payment equal to twenty-five percent (25%) of  

the licensing fee paid shall be made to the applicant or owner/operator of such  

licensed facility.

   

03.     Initial Application Fees for Basic Day Care License. Effective July 1, 1992, all  

unlicensed and previously licensed day care centers caring for thirteen (13) or more  

children are required to submit an initial application for a basic day care license.  The  

maximum fees for both unlicensed and previously licensed centers shall not exceed  

one hundred dollars ($100) for a state license.   

a.      The following fees will be included with the initial application for a basic day  

care license:   

i.      Criminal History Check - forty-five dollars ($45) per person payable to the  

Department, when applicable.   

ii.     Health Inspection - thirty-five dollars ($35) payable to the Health District.   

iii.    Fire Inspection - up to twenty dollars ($20) payable to fire inspector or fire  

inspection agency.   

iv.     The fee of forty-five dollars ($45) for the criminal history check will be  

charged for each licensing applicant, owner, operator, employee and  

volunteer at the day care center requiring a criminal history check and shall be  

separate and apart from the application fees for health and fire inspections.   

The fees for criminal history checks shall be the responsibility of the  

individual or day care center with which they are associated.   

  

b.      Posting of license in a conspicuous place at the day care center is required.   

c.      The Department shall obtain a criminal history check on only those applicants,  

owners, operators, employees or volunteers who have direct contact with the  

children in care and on all other individuals twelve (12) years of age or older who  

have unsupervised direct contact with children in care.  “Volunteers” when used  

in this chapter shall mean only those persons who have direct unsupervised  

contact with children in care for more than twelve (12) hours in any one month.  

   

  

04.     Application Fees for Renewal of Basic Day Care License. Effective July 1, 

1992 a  basic day care license must be renewed every two (2) years.  The application fee 

for  renewal of a license shall not exceed sixty dollars ($60).  The following fees will be  

included with an application for renewal of a basic day care license:   

  

a.      Department - ten dollars ($10) payable to the Department.   

b.      Health Inspection - thirty dollars ($30) payable to the Health District   

c.      Fire Inspection - up to twenty dollars ($20) payable to fire inspector or fire  

inspection agency.   

d.      It will be the responsibility of the applicant, owner, or operator of a day care  

center to ensure that a criminal history check is initiated within ten (10) days for  

staff having direct contact with children to include employees and volunteers and  

all other individuals twelve (12) years of age or older who have unsupervised  

direct contact with children in care.   

  

05.     Initial Application Fees for Certification.  

Effective July 1, 1992, all unlicensed and previously licensed group day care  

facilities caring for seven (7) to twelve (12) children shall not be required to be  

licensed but shall be certified by obtaining a fire inspection and criminal history  

check for staff.   

a.      The following fees shall be included with the initial application for a state  

certification:   

  

i.      Fire Inspection - up to twenty dollars ($20) payable to fire inspector or fire  

inspection agency.   

ii.     Criminal History Check - forty-five dollars ($45) per person payable to the  

Department, when applicable.   

iii.    The fee of forty-five dollars ($45) will be charged for each certification  

applicant, owner, operator, employee or volunteer at the group day care facility 

requiring a criminal history check and shall be separate and apart from  the application 

fee for a fire inspection and shall be the responsibility of the  individual or group day 

care facility.   

  

b.      The fire inspection certification and verification of the required criminal history  

check shall be available for inspection on the premises.   

c.      The Department shall obtain a criminal history check on only those applicants,  

owners, operators, employees, or volunteers and all other individuals twelve (12)  

years of age or older who have unsupervised direct contact with children in care.   

  

06.     Application Fee for Renewal of Certification.  

A certification must be renewed every two (2) years.  The application fee for renewal  

of a certification shall not exceed thirty dollars ($30). The following fee will be  

included with the application for renewal of certification:   

a.      Department - ten dollars ($10) payable to the Department.   

b.      Fire Inspection - up to twenty dollars ($20) payable to fire inspector or fire  

inspection agency.   

c.      It will be the responsibility of the applicant, owner or operator of a group day  

care facility to ensure that any employees and volunteers having direct contact  

with children have, upon employment or assignment, a criminal history check  

initiated within ten (10) days for staff.   

  

07.     Voluntary Compliance by Group Day Care Facilities for Basic Day Care 

License.  A  group day care facility may elect voluntarily to secure a basic day care 

license and  must meet the same requirements as for day care centers.  Group day care 

facilities wishing to apply for a basic day care license must comply in all cases with the  

requirements of a fire inspection, health inspection and criminal history check.   

Group day care facilities electing to secure a basic day care license shall be charged  

the same fees as for day care centers.   



08.     Family Day Care Homes. Effective March 1, 1988, all family day care homes 

caring  for six (6) or fewer children are not required to have a basic day care license or  

certification.  A family day care home may, however, elect voluntarily to secure a  

basic day care license and must meet the same requirements as for day care centers.   

Family day care homes wishing to apply for a basic day care license must comply  

with the requirements of a fire inspection, health inspection and criminal history  

check, when required.  Family day care homes electing to secure a basic day care  

license shall be charged the same fees as for day care centers.   



09.     Procedure for Criminal History Checks. The Department is hereby authorized 

to  obtain and submit criminal history checks with fingerprints on applicants, owners,  

operators, employees and volunteers of day care centers, group day care facilities  

and family day care homes, when the home wishes to voluntarily comply with the  

requirements for a basic day care license.  Such identification records resulting from  

submission of fingerprints shall be used only for the official use of the requesting  

party.  Criminal background checks on all individuals under the age of eighteen (18)  

years of age shall include a check of the juvenile justice records of adjudications of  

the magistrate  division of the district court, county probation services and  

department of health and welfare records as authorized by the minor and his parent  

or guardian.  There shall be no additional fee charged for this criminal background  

check.  There shall also be a check of the statewide child abuse register regarding all  

of the above-named persons.   

  

a.      All completed criminal history checks will be routed to the Department’s  

Division of Management Services, Criminal History Unit, Boise, Idaho, who will  

report to the appropriate regional office of the Department whether the licensing  

or certification applicant, owner, operator, employee or volunteer has been found  

guilty of a relevant offense in the state’s courts, in any other state’s courts or in  

any federal court of any offense involving neglect or any physical injury to, or  

other abuse, of a child pursuant to Section 39-1113, Idaho Code, including:   

  

i.      Injuring a child, Section 18-1501, Idaho Code.  

   

  

ii.     The sexual abuse of a child under sixteen (16) years of age, Section 18-1506,  

        Idaho Code.   

iii.    The ritualized abuse of a child under eighteen (18) years of age, Section 18- 

        1506A, Idaho Code.   

iv.     The sexual exploitation of a child, Section 18-1507 or 18-1507A, Idaho Code.   

v.      Lewd conduct with a child under the age of sixteen (16) years, Section 18- 

        1508, Idaho Code.    

vi.     The sale or barter of a child for adoption or other purposes, Section 18-1511,  

        Idaho Code.   

vii.    Murder, Section 18-4001 or 18-4003, Idaho code.   

viii.   Voluntary manslaughter, Section 18-4006, Idaho Code.   

ix.     Rape, Section 18-1601 or 18-6108, Idaho Code.   

x.      Incest, Section 18-6602, Idaho Code.   

xi.     Forcible sexual penetration by use of foreign objects, Section 18-6608, Idaho  

        Code.   

  

b.  Criminal history checks or similar provisions to the above named offenses  

in any other jurisdiction shall be retained for a period of not less than three (3)  

years.  After a criminal history check has been completed on an individual, a  

check shall not be repeated unless the individual has resided outside the state  

of Idaho for any period since the original criminal history check was  completed.   

c.      A copy of the criminal history check shall be released, if the information is  

necessary to be disclosed in a licensing or certification action or in response to a  

valid subpoena issued by a court of competent jurisdiction, or only to the  

individual named therein upon written release given to the Department, provided  

the individual also releases the state from all liability.  Basic day care licenses,  

certifications and/or day care provider permits shall be used as a means of  

verifying that no record has been found pursuant to Sections 39-1113 and 39- 

1115(3), Idaho Code, on licensing and certification applicants, owners, operators,  

employees and volunteers requiring criminal history checks.   

  

10.     Temporary Basic Day Care Licenses, Certifications and Day Care Provider 

Permits.   

  

a.      Temporary basic day care license, temporary certifications and temporary day  

care provider permits may be issued by the Department to licensing or  

certification applicants pending the completion of the necessary day care  

inspections or criminal history checks.  Temporary day care provider permits  

may also be issued by the Department to day care providers who are owners,  

operators, employees and volunteers pending the completion of the criminal  

history check.  All temporary basic day care licenses, temporary certifications  

and temporary day care provider permits shall be issued under the following  

conditions:   

  

i.      Shall be issued for a period not to exceed one hundred twenty (120) days,  

unless otherwise extended by the Department.   

ii.     Applicants, owners, operators, employees and volunteers requiring a criminal  

history check properly completing and signing a notarized self-declaration  

certifying that they have never been found guilty of or received a withheld  

judgement for any of the crimes enumerated in Sections 39-1113 and 39- 

1115(3), Idaho Code, pending the completion of the criminal history check.   

iii.    All temporary basic day care licenses and certifications are conditional upon  

satisfactory facility inspections and applicants’ satisfactory criminal history  

checks.   

iv.     All temporary day care provider permits are conditional upon satisfactory  

criminal history checks.   

  

b.      If a criminal history check on an applicant for licensing or certification or a  

currently licensed or certified day care facility discloses an owner, operator,  

employee or volunteer with a guilty conviction or a withheld judgement pursuant  

to Sections 39-1113 and 39-1115(3), Idaho Code, the individual shall be  

suspended immediately from continued employment or volunteering.  The day  

care facility and individual shall be in violation of these regulations and subject  

to a misdemeanor if the individual is retained after receiving notice by certified  

mail from the Department that the individual has been found guilty of or received  

a withheld judgement for an offense pursuant to Sections 39-1113 and 39- 

1115(3), Idaho Code.   

  

11.     Responsibilities of Applicants, Owners or Operators.  It will be the 

responsibility of  the applicant, owner or operator of a day care facility to maintain a 

personnel record  on each employee and volunteer at the facility having direct contact 

with children.   The personnel record shall include date of initial employment or 

assignment, date of  termination or extended leave from employment or assignment, a 

copy of the day care provider permit and any other information which may be necessary 

to establish  facility and personnel compliance with Section 39-1105, Idaho Code.  It 

shall also be  the responsibility of the applicant, owner or operator of a day care facility 

to ensure  new employees and volunteers having direct contact with children, and all 

other  individuals twelve (12) years of age or older who have unsupervised direct 

contact  with children, submit to the Department within ten (10) days from the date of 

initial  employment or assigned self-declaration certifying they have not been found 

guilty  of or received a withheld judgement for the crimes pursuant to Section 39-

1115(3),  Idaho Code.  Two (2) fingerprint cards (FD-258) with fingerprints for 

personnel  requiring criminal history checks shall also be completed within ten (10) days 

from  the date of initial employment or assignment.   

12.     Immunizations Required. Pursuant to Section 39-1118, Idaho Code, the  

immunizations required and the manner and frequency of their administration are  

referenced in Idaho Department of Health and Welfare Rules and Regulations, Title  

2, Chapter 11, “Immunization Requirements For Children Attending Licensed Day  

Care Facilities in Idaho.”   

13.     The owner operator of a day care center shall ensure through documentation 

that  each employee receives four (4) hours of ongoing training every twelve (12) 

months  after the employee’s hire date.   

14.     Preemption. These rules do not preempt more stringent local regulation or  

requirements.   


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