id-16-0602-2501: Foster Care Licensing
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The Idaho Department of Health and Welfare is proposing a rule to update foster care licensing regulations to align with changes made by House Bill 245, which raises the maximum age for extended foster care from 21 to 23 years. This rule also establishes a separate licensure path for kinship caregivers and modifies the application process for foster parents, allowing the Department to deny applications based on evidence of prior offenses.
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Dear Senators VANORDEN, Bjerke, Wintrow, and Representatives VANDER WOUDE, Erickson, Rubel: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the Department of Health and Welfare: IDAPA 16.06.02 - Foster Care Licensing - Temporary and Proposed Rule (Docket No. 16-0602-2501). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 08/11/2025. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 09/08/2025. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Health & Welfare Committee and the House Health & Welfare Committee FROM: Legislative Drafter - Kyle Slominski DATE: July 24, 2025 SUBJECT: Department of Health and Welfare IDAPA 16.06.02 - Foster Care Licensing - Temporary and Proposed Rule (Docket No. 16-0602-2501) Summary and Stated Reasons for the Rule The Idaho Department of Health and Welfare submits notice of a temporary and proposed rule for foster carelicensing,IDAPA16.06.02. TheDepartmentstatesthattherulemakingistobringtherulesintocompliance with H.B. 245, which was passed during the 2025 legislative session and took effect on July 1, 2025. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was not conducted since the changes are in direct re- sponse to a bill that was passed during the legislative session when public input was heard in both the House and Senate committees. The Department also states that there is no anticipated negative fiscal impact to the general fund. Statutory Authority The Department appears to have authority to promulgate this rule pursuant to sections 39-1211, 39-1213, 56-1003, 56-1004A, and 56-1005, Idaho Code. cc: Department of Health and Welfare Adam Jones *** PLEASE NOTE *** Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE 16.06.02 – FOSTER CARE LICENSING DOCKET NO. 16-0602-2501 NOTICE OF RULEMAKING – TEMPORARY AND PROPOSED RULE
Effective Date
The effective date of the temporary rule is July 1st, 2025. AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that this agency has adopted a temporary rule, and proposed regular rulemaking procedures have been initiated. The action is authorized pursuant to Sections 39-1211, 39-1213, 56-1003, 56-1004A, and 56-1005(8), Idaho Code. PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows: VIRTUALTELECONFERENCES Via WebEx Wednesday, July 16, 2025 4:00 PM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=mb2272ba0917e189d2dff63ab211af5a6 Join by meeting number Meeting number (access code): 2831 291 3655 Meeting password: BMw2g3Quin4 Meeting password when dialing from a phone or video system: 26924378 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) Thursday, July 17, 2025 10:00 AM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=m4ee995425b29c39ad0bd5110ebde51a3 Join by meeting number Meeting number (access code): 2830 341 3870 Meeting password: 233Eq2H4WFP Meeting password when dialing from a phone or video system: 23337244 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. IdahoAdministrative Bulletin Page 67 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: During the 2025 Idaho Legislative Session House Bill 245 was passed and signed into law which increased the maximum age of extended foster care from age 21 to 23 years old.As such, the rule needed to be updated by July 1st to be in congruence with statute. This temporary and proposed rule also addresses the second component of House Bill 245 which called on the Department to make a separate path for licensure for kin. Finally, this rule makes changes to the application process for foster parents which grant the Department the ability to deny an application in the event of the preponderance of evidence and the underlying facts and circumstances indicating that a prior offense has been committed. TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1)(b) and (c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: This temporary and proposed rule is being published to comply with the changes made to foster care in House Bill 245 from the 2025 legislative session which are set to take effect on July 1st, 2025. Furthermore, the changes made to this chapter for kin licensure will allow for a quicker and less burdensome process for kin of foster children to become licensed foster parents. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: Fees will not be increased as a result of this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year as a result of this rulemaking: There is not anticipated to be a negative fiscal impact exceeding $10,000. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not conducted because this is in direct response to a bill that passed the legislature this year, during which time input was taken from the public in both the House and Senate committees. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: N/A. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Jared Larsen at DHWRules@dhw.idaho.gov. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before July 23rd, 2025. DATED this 28th day of May, 2025. Jared Larsen Chief, Legislative and RegulatoryAffairs Idaho Department of Health & Welfare 450 W. State Street, 10th Floor P.O. Box 83720 Boise, ID 83720-0036 (208) 334-5500 phone (208) 334-6558 fax DHWRules@dhw.idaho.gov IdahoAdministrative Bulletin Page 68 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule THE FOLLOWING IS THE TEMPORARY RULE AND THE PROPOSED TEXT OF DOCKET NO. 16-0602-2501 (Only Those Sections With Amendments Are Shown.) 16.06.02 – FOSTER CARE LICENSING 000. LEGALAUTHORITY. Sections 39-1211, 39-1213, 56-1003, 56-1004A, and 56-1005(8)Idaho Code, authorize the Department and the Board to adopt and enforce rules for licensing foster homes. (7-1-25)(7-1-25)T 001. – 009. (RESERVED) 010. DEFINITIONS. In addition to those terms used in Title 39, Chapter 12, the following apply:The terms listed in this section apply to this chapter. Terms not defined below are defined in Title 39, Chapter 12, and IDAPA16.06.01. (7-1-25)(7-1-25)T
01. Caregiver.Afoster parent with whom a child in foster care has been placed or a designated official
for a child care institution in which a child in foster care has been placed. (7-1-25)
02. Child. Includes individuals age eighteen (18) to twenty-onethree (213) who are ordered into or
voluntarily entered Extended Foster Care through the Department. (7-1-25)(7-1-25)T
05. Foster Parent. A Licensed person(s) residing in a private home under their direct control to whom
a foster care license has been issuedl. (7-1-25)(7-1-25)T
06. Household Member.Any person, other than a foster child, who resides in, or on the property of, a
foster home. (7-1-25)
07. Medical Professionals. Persons who have received a degree in nursing or medicine and are
licensed as a registered nurse, nurse practitioner, physician’s assistant, or medical doctor. (7-1-25)
08. Noncompliance. Violation of, or inability to meet, the requirements of these rules or terms of
licensure. (7-1-25)
09. Plan of Correction. The detailed procedures and activities developed between the Department and
caregiver required to bring a foster family into conformity with these rules. (7-1-25)
11. Supervision. Is defined as b Being within sight and normal hearing range of the a child or children
being cared for. (7-1-25)(7-1-25)T 011. – 101. (RESERVED) 102. DISPOSITION OFAPPLICATIONS. IdahoAdministrative Bulletin Page 69 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule The Department will expeditiously initiate action on each completed application within one (1) business day after receipt that addresses each requirement for the specific type of home. (7-1-25)
01. Approval of Application. The Department will issue a license to any foster home complying with
these rules. (7-1-25)
02. Regular License. The Department will issue a regular license to any foster home complying with
these rules and will specify the terms of licensure, such as:. (7-1-25)(7-1-25)T a. The number of children who may receive care at any one (1) time; and (7-1-25) b. Age range and sex if there are conditions in the foster home making such limitations necessary; (7-1-25) c. The regular license for a foster home is in effect for one (1) year from the date of issuance unless suspended or revoked earlier; (7-1-25) d. If the license for a foster home is for a specific child, the name of that child will be shown on the foster home license. (7-1-25)
03. Kin-specific License. A license for kin to become foster parents through a separate and expedited
path. To qualify, applicants must: (7-1-25)T a. Have a relationship with a foster child as described in Idaho law; (7-1-25)T b. Receive a background check clearance in accordance with this chapter; and (7-1-25)T c. Complete an abbreviated kin caregiver assessment focused solely on determining kin family’s ability to meet the child(ren)’s needs and how the Department can support the needs of kin and the child(ren). (7-1-25)T
04. Limited License. May be issued for the care of a specific child in a home which may not meet the
requirements for a license, provided: (7-1-25) a. The child is already in the home and has formed strong emotional ties with the foster parents; and (7-1-25) b. It can be shown that the child's continued placement in the home would be more conducive to their welfare than removal to another home. (7-1-25)
05. Denial of Application. If an application is denied, a signed letter will be sent directly to the
applicant by registered or certified mail, advising the applicant of the denial and stating the basis for such denial. An applicant whose application has been denied may not reapply until one (1) year after the date on the denial of application of denial. (7-1-25)(7-1-25)T
06. Failure to Complete Application Process. Failure to complete the application process within six
(6) months from the original date of application will result in vacation of the application An application will be deemed vacated if the application process is not completed within six (6) months of the original date of application. (7-1-25)(7-1-25)T
07. FacilitatingApplications. (7-1-25)
a. The Department may, within its appropriation, cover reasonable expenses to ensure homes meet the requirements of these rules including the home health and safety requirements and sleeping arrangements. (7-1-25)(7-1-25)T b. The Department will establish procedures to fast-track applications from candidates who have a IdahoAdministrative Bulletin Page 70 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule successful track record of serving as a foster home in other states. (7-1-25)
08. Reactivating an Idaho License. If less than twelve (12) months has elapsed from the last licensed
foster home visit required by Section 39-1217, Idaho Code, the Department may fast-track reactivating the license if the prior licensee: (7-1-25) a. Relinquished the license in good standing; and (7-1-25) b. Attests to maintaining conformity with the standards established by the Department. (7-1-25) 103. RESTRICTIONS ONAPPLICABILITYAND NONTRANSFER.
01. Department-Issued License. AA license is nontransferable and applies only to the foster home or
the person and premises designated. Each license is issued in the individual’s name, and to the address specified on the application. A license issued in the name of a foster parent applies to the period and services specified in the license. Any change in address renders the license null and void, and the foster parent must immediately return the license to the Department. (7-1-25)(7-1-25)T
02. Nontransferable. A license is nontransferable from one (1) individual to another or from one (1)
location to another. (7-1-25)
03. Change in Location. When there is a change in foster home location, the foster home parent must
reapply for a license. (7-1-25) 104. (RESERVED) 105. REVISITAND RELICENSE. Revisit and relicense studies will document how the foster home continues to meet licensing standards. Consideration must be given to each standard, including a review of the previous study and original application to determine what changes have occurred. A renewal application must be made by the foster home on the Department-furnished form and filled out prior to the expiration date of the license in effect. The existing license will, unless officially revoked, remain effective until the Department has acted on the application for renewal A renewal application must be submitted to the Department prior to the expiration of the existing license. Unless revoked, the existing license will remain effective until the Department has acted on the renewal application. (7-1-25)(7-1-25)T (BREAK IN CONTINUITY OF SECTIONS) 108. (RESERVED) SUSPENSION OR REVOCATION AND TRANSFER OF CHILDREN
02. Revocation. The Department may revoke the license of a foster home when the Department
determines the home is not in compliance and in the following circumstances: (7-1-25)T a. Any condition that endangers the health or safety of any child. (7-1-25)T b. Afoster home is not in substantial compliance with these rules. (7-1-25)T c. A foster home has made little or no progress in correcting deficiencies within thirty (30) days from the date the Department accepted a plan of correction. (7-1-25)T d. Repeat violation of these rules or Idaho Law. (7-1-25)T e. Knowingly misrepresented or omitted information on the application or other documents pertinent to obtaining a license. (7-1-25)T IdahoAdministrative Bulletin Page 71 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule f. Refusal to allow Department representatives full access to the foster home and its grounds, facilities, and records. (7-1-25)T g, Violating any of the terms of a provisional license. (7-1-25)T h. The Department concludes that an adult in the foster home fails to live a law-abiding lifestyle and by a preponderance of the evidence determines the adult has committed a prior offense set forth in IDAPA 16.06.02.201.05. (7-1-25)T i. The Department may revoke a license even when: (7-1-25)T (1) The adult received an order under Section 20-525A, Idaho Code, or other equivalent law; a withheld judgment; an order under Section 19-2604, Idaho Code, or other equivalent law; or the record has been sealed. (7-1-25)T (2) Law enforcement did not investigate, charges were never filed, where charges were dismissed, or where a person was acquitted. (7-1-25)T ii. Before the Department revokes a license pursuant to this subsection, the Department shall notify the licensee of its intent to revoke the license pursuant to law and give the licensee an opportunity to provide pertinent information about the offense, later good conduct, or treatment before the license is revoked. (7-1-25)T iii. A clearance from the background check unit does not preclude the revocation of a license under this subsection. (7-1-25)T 109. ENFORCEMENT REMEDY OF SUMMARY SUSPENSION AND TRANSFER OF CHILDREN. The Department may summarily suspend a foster home license. Children in a foster home require the program to transfer children when the Department has determined a child’s health and safety are in immediate jeopardy. (7-1-25) 110. ENFORCEMENT REMEDY REVOCATION OF LICENSE AND TRANSFER OF CHILDREN. The Department may revoke the license of a foster home when the Department determines the home is not in compliance with these rules. Revocation and transfer of children may occur under the following circumstances: (7-1-25)
03. No Progress to Meet Plan of Correction. A foster home has made little or no progress in
correcting deficiencies within thirty (30) days from the date the Department accepted a plan of correction. (7-1-25)
05. Misrepresented or Omitted Information. A foster home has knowingly misrepresented or
omitted information on the application or other documents pertinent to obtaining a license. (7-1-25)
06. Refusal to Allow Access. Refusal to allow Department representatives full access to the foster
home and its grounds, facilities, and records. (7-1-25)
07. Violation of Terms of Provisional License. A foster home, that has violated any of the terms of a
provisional license. (7-1-25) IdahoAdministrative Bulletin Page 72 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule 109. -- 110. (RESERVED) (BREAK IN CONTINUITY OF SECTIONS) 201. FOSTER PARENT QUALIFICATIONSAND SUITABILITY. An applicant for licensure as a foster parent must meet the following: (7-1-25)
02. Communication. Be able to communicate with the child, the children’s agency, and health care
and other service providers. (7-1-25)
03. Income and Resources. Have a defined and sufficient source of income and be capable of
managing that income to meet the needs of the foster family without relying on the payment made for the care of a foster child. (7-1-25)
04. Literacy. At least one (1) adult caretaker in the home must have functional literacy, such as the
ability to read medication labels. (7-1-25)(7-1-25)T
05. Law-Abiding Lifestyle. Not have committed a prior offense described in IDAPA 16.05.06.210.01.
However, the Department may in its discretion deny a license if the applicant has committed a prior offense described in IDAPA16.05.06.210.02 or 16.05.06.210.03. The commission of any prior offense is proven by a preponderance of the evidence and by the underlying facts and circumstances. (7-1-25)T 202. BACKGROUND CHECKS. All applicants for a foster care license and other adult members of the household must comply with IDAPA 16.05.06, “Criminal History and Background Checks,” and the following: (7-1-25)(7-1-25)T
01. Change in Household Membership. By the next working day after another adult begins residing
in a foster home, a foster parent must notify the children's agency of the change in household membership and assure that the new adult household member will complete a background check within fifteen (15) days of residence in the foster home. (7-1-25)
02. Foster Parent’s Child Turns Eighteen. A foster parent’s child who turns eighteen (18) and lives
continuously in the home is not required to have a background check except as specified in this rule. (7-1-25) a. After turning eighteen (18) years old, if the foster parent’s adult child no longer lives in the foster parent’s home and subsequently resumes living in the foster home, they will be considered an adult household member and must complete a background check within fifteen (15) days from the date they became an adult household member. (7-1-25) b. If the adult child leaves the foster home for the purpose of higher education or military service, and periodically returns to the home for less than ninety (90) days, they are not considered to be an adult household member and are not required to complete a background check. While in the home, they cannot have any unsupervised direct care responsibilities for any foster children in the home. Should they remain in the foster home for more than ninety (90) days, they will immediately be considered an adult household member and must complete a background check within fifteen (15) days from the date they became an adult household member. (7-1-25) c. If the adult child continues to live in their parent’s foster home or on the same property, they must complete a background check within fifteen (15) days of turning twenty-one (21), This requirement is not necessary if the adult child has completed a background check between the ages of eighteen (18) and twenty-one (21). (7-1-25)
03. Background Check at Any Time. The Department retains the authority to require a background
check at any time on individuals who are residing in a foster home or on the foster parent’s property. (7-1-25) IdahoAdministrative Bulletin Page 73 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule
04. Emergency Placement of Children. An emergency occurs when a child enters or experiences an
unplanned placement change in foster care. The Department may request that a criminal justice agency perform a Federal Interstate Identification Index name-based criminal history record check of each adult residing in the home. This refers to those limited instances when placing a child in the home of relatives or kin, as a result of a sudden unavailability of the child's parent or caretaker. (7-1-25) a. All adult household members will submit fingerprints to the Department's Background Check Unit within ten (10) calendar days and follow requirements outlined in IDAPA 16.05.06, “Criminal History and Background Checks.” The Department forwards the fingerprints to the State Central Record Repository for submission to the FBI within fifteen (15) calendar days from the date the name search was conducted. The Department's background check unit will positively identify the individual that is being considered to receive the child in an emergency situation as their fingerprints are submitted. (7-1-25)(7-1-25)T b. When placement of a child in a home is denied as a result of the Department review of the name- based criminal history record check of any adult household member, all adults must still comply with Subsection 202.054.a. of this rule and IDAPA 16.05.06, “Criminal History and Background Checks.” (7-1-25)(7-1-25)T c. The child will be removed from the home immediately if any adult household member fails to provide written permission to perform a federal criminal history record check, submit fingerprints, or any adult household member is denied a Department background check clearance. (7-1-25)
05. Exceptions to Background Checks. Background checks are optional for certain youth in foster
care who reach the age of eighteen (18) but are less than twenty-one (21) years of age and continue to reside in the same licensed foster home. (7-1-25) 203. INITIALAND ONGOING EVALUATION. An applicant must participate in the process and tasks to complete an initial evaluation for foster care licensure. (7-1-25)
01. Applicant Participation. The applicant must do all the following: (7-1-25)
a. Cooperate with and allow the children's agency to determine compliance with these rules to conduct an initial foster home study; (7-1-25) b. Inform the children's agency if the applicant is currently licensed or has been previously licensed as a foster parent or the applicant has been involved in the care and supervision of children or adults; (7-1-25) c. All household members must disclose current mental health and/or substance abuse issues. (7-1-25) d. All household members must provide information on their physical and mental health history, including any history of drug or alcohol abuse or treatment. (7-1-25) e. Provide two (2) satisfactory references, one (1) of which may be from a person related to the applicant(s).An applicant will provide additional references upon the request of the children's agency. (7-1-25)
02. Disclosure of Information andAssurances.An applicant must provide the children's agency with
the following or any additional information the children's agency deems necessary to complete the initial family home study: (7-1-25) a. Names, including maiden or other names used, and ages of the applicant(s); (7-1-25) b. Social Security Number; (7-1-25) c. Education; (7-1-25) d. Verification of marriages and divorces; (7-1-25) IdahoAdministrative Bulletin Page 74 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule e. Religious and cultural practices of the applicant including their willingness and ability to accommodate or provide care to a foster child of a different race, religion, or culture; (7-1-25) f. Statement of income and financial resources and the family's management of these resources; (7-1-25) g. Reasons for applying to be a foster parent; (7-1-25) h. Report any prior arrest, investigation, or other official action regarding a sexual offense or impropriety. (7-1-25) i. Provide and abide by the following written assurances: (7-1-25) i. Applicants will not use corporal or degrading punishment. (7-1-25) ii. Applicants will not use any illegal substances, abuse alcohol by consuming it in excess amounts, or abuse legal prescription and/or nonprescription drugs by consuming them in excess amounts or using them contrary to as indicated. (7-1-25) iii. Applicants and their guests will not smoke in the foster family home, in any vehicle used to transport the child, or in the presence of the child in foster care. (7-1-25) iv. Applicants will adhere to the Department’s reasonable and prudent parent standard. (7-1-25)
03. Home Study. The applicant must complete an agency home study, which is a written
comprehensive family assessment to include the following elements: (7-1-25) a. At least one scheduled on-site visit to assess the home to ensure that it meets the standards set forth in these rules; (7-1-25) b. At least one scheduled in-home interview for each household member to observe family functioning and assess the family’s capacity to meet the needs of a child or children in foster care; (7-1-25) c. The Department has discretion on whether to interview or observe each household member based on his or her age and development. (7-1-25) (BREAK IN CONTINUITY OF SECTIONS) 239. TRANSPORTATION. Applicants must ensure that the family child(ren) always has reliable, legal and safe transportation. Reliable transportation includes a properly maintained vehicle or access to reliable public transportation; if a privately-owned vehicle owned by the applicant’s family or friends is used to transport the child in foster care, legal transportation includes having a valid driving license, insurance and registration; and safe transportation includes safety restraints as appropriate for the child. (7-1-25)(7-1-25)T 240. – 241. (RESERVED) 242. CHILD PLACEMENT REQUIREMENTS. A foster family may mutually accept the placement of children into the home within the terms of the foster home license and the children's agency placement agreement. The following provisions will be considered for determining placement: (7-1-25)
01. Determining Factors. The number and the age group of children placed in a foster home will be
determined by the following: (7-1-25) IdahoAdministrative Bulletin Page 75 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule a. The accessibility, accommodations, and the space in the home; (7-1-25) b. The interest of the foster family; and (7-1-25) c. The experience, training, or skill of the foster family. (7-1-25)
02. Maximum Number of Children. Except as specified, the maximum number of children in care at
any time, including the foster family's own children, or daycare children, will be limited to not more than six (6) children. (7-1-25)
03. Children Under Two Years Old. Except as specified in Subsection 242.04 of this rule, the
maximum number of children under two (2) years old, including those of the foster family, will be limited to two (2) children or less. (7-1-25)
04. Special Circumstances Regarding Maximum Numbers of Children. The maximum number of
children in care at any time may be based on the children’s agency assessment and at a minimum one (1) of the following extended in order: (7-1-25)(7-1-25)T a. To allow siblings to remain together; (7-1-25) b. To allow a child who has an established, meaningful relationship with the family to remain with the family; (7-1-25) c. To allow a family with special training or skills to provide care for a child who has a severe disability; or (7-1-25) d. To allow a parenting youth in foster care to remain with the child of the parenting youth. (7-1-25)
05. Continued Care. A foster child who reaches the age of eighteen (18) may continue in foster care
placement until the age of twenty-onethree (213) if the safety, health, and well-being of other foster children residing in the home is not jeopardized. (7-1-25)(7-1-25)T (BREAK IN CONTINUITY OF SECTIONS) 246. BEHAVIOR MANAGEMENTAND DISCIPLINE. Methods of behavior management and discipline for children must be positive and consistent. These methods must be based on each child's needs, stage of development, and behavior. Discipline is to promote self-control, self-esteem, and independence. (7-1-25)(7-1-25)T
01. Prohibitions. The following types of punishment of a foster child are prohibited: (7-1-25)
a. Physical force or any kind of punishment inflicted on the body, including spanking; (7-1-25) b. Cruel and unusual physical exercise or forcing a child to take an uncomfortable position; (7-1-25) c. Use of excessive physical labor with no benefit other than for punishment; (7-1-25) d. Mechanical, medical, or chemical restraint; (7-1-25) e. Locking a child in a room or area of the home; (7-1-25) f. Denying necessary food, clothing, bedding, rest, toilet use, bathing facilities, or entrance to the foster home; (7-1-25) IdahoAdministrative Bulletin Page 76 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0602-2501 Foster Care Licensing Temporary & Proposed Rule g. Mental or emotional cruelty; (7-1-25) h. Verbal abuse, ridicule, humiliation, profanity, threats, or other forms of degradation directed at a child or a child's family; (7-1-25) i. Threats of removal from the foster home; (7-1-25) j. Denial of visits or communication with a child's family unless authorized by a children's agency in its service plan for the child and family; and (7-1-25) k. Denial of necessary educational, medical, counseling, or social services. (7-1-25)
02. Restraint. A foster parent who has received specific training in the use of child restraint may use
reasonable restraint methods, approved by the children's agency, to prevent a child from harming themselves, other persons or property, or to allow a child to gain control of themselves. (7-1-25)
03. Authority. The authority for the discipline of a foster child must not be delegated by a foster parent
to other members of the household. (7-1-25)
04. Agency Consultation. A foster parent must consult with the children's agency prior to using any
behavior management or discipline technique that exceeds the scope of these rules. (7-1-25) 247. MEDICALAND DENTALCARE.
01. Health Care Services. A foster parent must follow and carry out the health or dental care plan for
a child as directed by a medical professional. (7-1-25)
02. Child Injury and Illness. Follow the children's agency approved policies for medical care of a
child who is injured or ill. (7-1-25)(7-1-25)T
03. Dispensing of Medications. Provide prescription medication strictly as directed by a medical
professional. A foster parent must not discontinue or in any way change the medication provided to a child unless directed to do so by a medical professional. (7-1-25)(7-1-25)T IdahoAdministrative Bulletin Page 77 July 2, 2025 – Vol. 25-7
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