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posted on March 02, 2009 11:18
Idaho CareLine: In Idaho, Dial 2-1-1 or 800-926-2588
Day Care Regulation in Idaho—Understanding the Basics
Idaho law sets the basic framework for day care licensing, which is administered by the Idaho Department of Health and Welfare in conjunction with local fire departments and health districts. The Idaho day care licensing law is found in Idaho Code 39-1101 through 39-1119 and the rules can be found at IDAPA 16-06.02.300.
Cities and counties are permitted to adopt their own ordinances regulating and/or licensing day care services, which must be at least as strict as state law with respect to background checks, fire safety and health standards, immunization requirements and continuing education requirements. The state law requirements for day care licensing vary depending on the number of children receiving care. Please read below for further information.
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Applying for Idaho State Child Care License or Certification?
Once you have read the information on this page regarding child care licensing, please use the following checklist to ensure your application for state child care licensure is processed timely and properly.
Review the code, rules and requirements regarding the type of license/certification for which you are applying.
Contact the local fire department and schedule a fire inspection.
Contact the health district in your area to schedule a health and safety inspection.
Download information required for criminal history and background check. Schedule an appointment for all persons listed in Sections 3 of the application form.
Download and print the application form.
Please use the following directions to complete the application form.
Mail all inspection results and application to your regional Department of Health and Welfare office for processing.
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To obtain a state license, child care facilities must meet the following requirements:
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Family Day Care Homes
With 1 – 6 Children |
Group Day Care Facilities
With 7 to 12 Children |
Day Care Centers
With 13 or more children |
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No license required. Providers may voluntarily comply with state licensing requirements. |
State law requires these facilities to be certified and to have fire inspections and background checks on employees and all other persons age twelve and over in residence or having unsupervised access to the children. Providers may voluntarily comply with state licensing requirements. |
State licenses, valid for two years, are required for these facilities. |
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Fire Safety Inspections ($20) |
Health Inspections ($35) |
Background Checks ($55) |
Immunizations |
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Fingerprinting and a background check on all owners, operators and employees having direct contact with children and all volunteers and other individuals at least 12 years old in residence or having unsupervised direct access to the children. For juveniles, the background check includes examination of juvenile justice records, county probation records and Department of Health & Welfare records as authorized by the minor and their parent or guardian. For adults, the background check includes:
- Idaho State Police Criminal Identification Bureau.
- FBI Criminal History and National Criminal Information Center.
- Statewide child protection and adult protection registries.
- Sex Offender Registry.
- Medicaid/ Medicare Provider Exclusion List.
- Nurse Aid Register.
- Idaho Transportation Dept. records.
- Records and findings from other states and jurisdictions.
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Within 14 days of a child’s first day of attendance at any licensed day care facility, the parent/ guardian must provide a statement to the facility operator concerning the child’s immunity to childhood diseases, including a certification by a physician or health district official that the child has received immunizations as required by the Idaho Board of Health & Welfare or is immune as a result of past illness. Idaho Code 39-1118 provides exemptions for immunizations that could endanger the health of a child or upon religious or other objections from parents. |
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- Adequate fire and smoke alarms,
- A functional telephone,
- Adequate fire extinguishers or other means for extinguishing fires, and
- Adequate exits.
Fire safety standards require a staff-to-child ratio as follows:
- For children 18 months or younger, one staff person per 6 children. (1:6)
- For children 18 months old but less than five years of age, one staff person per 12 children. (1:12)
- For children five years or older, one staff person per 18 children. (1:18)
- For mixed age groups, the applicable staff-to-child ratio is determined by the age of the youngest child.
- All children, including children of day care providers, are counted for the purpose of the staff-to-child ratio.
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- Food is prepared and served in a sanitary manner.
- Stored food is protected from contamination.
- Diaper changing minimizes the spread of communicable disease.
- The facility, including sleeping and play areas, restrooms, and fixtures, must be maintained in a sanitary condition.
- Children and facility personnel must be provided with individual or disposable towels, soap and hot and cold running water for hand washing.
- The water supply (if not public water system) must be approved by the District Board of Health.
- Medicines, cleaning supplies and hazardous substances must be stored out of children’s reach.
- A telephone or other emergency communication system is required.
- Immunization records.
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Additionally, each employee is required to obtain four hours per year of continuing education credits. |
Operating a day care center without a license is a misdemeanor (Idaho Code 39-1115). For group day care facilities, failure to obtain the required fire inspection and background checks is a misdemeanor, but an initial citation is dismissed if the required applications are made within 20 days. Operation of a group day care facility after denial of the fire inspection or background check certificate(s) is a misdemeanor. It is also a misdemeanor for any person to provide day care services if such person has been found guilty of any offense listed in Idaho Code 39-1113.
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Idaho Code 39-1117 provides: The issuance of a license or certificate pursuant to this chapter shall not constitute a representation of affirmance to any person that the day care center to which a license is issued or a group day care facility to which a certificate is issued is free from risk with regard to the standards in this chapter. The state and its political subdivisions or any employees or agents of the state or its political subdivisions shall not be liable for nor shall a cause of action exist for any loss or damage based upon the failure of any person to meet the standards contained in this chapter.
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Additional Local Licensing. Local city and county 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. Other municipalities may require you to have a business license or permits from the local planning and zoning department, check with your local City or County Clerk's office.
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.
The following types of activities and operations are exempt from state licensing requirements:
- Occasional care of a neighbor’s, relative’s or friend’s child/ children by a person not ordinarily in the business of child care.
- Operation of a private or religious school for educational purposes for children over four years of age or a religious kindergarten.
- Occasional care for children of parents who remain onsite in the same building.
- Operation of day camps, programs, and religious schools for less than 12 weeks during a calendar year or not more often than once per week.
- Provision of care for children of another family in addition to the person’s own children.