id-16-0603-2501: Daycare Licensing (Chapter Rewrite)
Get alerted when the next rule lands
New rules open for comment on their own schedule. Pick how you want to hear about them — we email you when one appears.
Publishing to members? Embed a live rule tracker on your own site — the proposed rules in your area and the comment deadlines closing on them, updating themselves. Free, one line of HTML.
Create a free account & build one →What this rule does
The proposed rule includes updates to the requirements for licensing daycare facilities. It aims to clarify the standards and procedures that daycare operators must follow to ensure compliance with state regulations.
Plain-language description generated by AI — not the agency’s official summary, which we have not captured for this rule. Read the official text →
The rule, in full
9,942 words as published, April 02, 2025. View the original →
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 16.06.03 - Daycare Licensing (Chapter Rewrite) - Proposed Rule (Docket No. 16-0603-2501). 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 16.06.03 - Daycare Licensing (Chapter Rewrite) - Proposed Rule (Docket No. 16-0603-2501) Summary and Stated Reasons for the Rule The Idaho Department of Health and Welfare submits notice of a temporary and proposed rule for day- care licensing, IDAPA 16.06.03. The Department states that the proposed rulemaking is in accordance with the Zero-Based Regulation Executive Order and strives to prevent the accumulation of costly, ineffective, and outdated regulations and reduce regulatory burden to achieve a more efficient operation of government. The Department also states that these proposed changes consolidate IDAPA 16.06.12 into this IDAPA chapter. Negotiated Rulemaking / Fiscal Impact The Department states that negotiated rulemaking was conducted and that notice was published in the April 2, 2025, Administrative Bulletin, Volume 25-4, pages 31-32. 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 39-1107, 39-1111, 56-202, 56-1004A, 56-1005, and 56-1007, 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, ManagerApril 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 16.06.03 – DAYCARE LICENSING DOCKET NO. 16-0603-2501 (CHAPTER REWRITE) NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has 56-1004A, 56-1005(8), 56-1007, and 56-202, Idaho Code.s authorized pursuant to Sections 39-1107, 39-1111, 56-1003, PUBLIC HEARING SCHEDULE: Public hearings concerning this rulemaking will be held as follows: VIRTUALTELECONFERENCES Via WebEx Tuesday, July 15, 2025 1:00 PM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=m6359ed9bafa6a855d48c6efbdde204c9 Join by meeting number Meeting number (access code): 2824 295 1479 Meeting password: 8BTbtGWMS33 Meeting password when dialing from a phone or video system: 82828496 Join by phone +1-415-527-5035 United States Toll +1-303-498-7536 United States Toll (Denver) Tuesday, July 29, 2025 3:00 PM (MT) Join from the meeting link https://idhw.webex.com/idhw/j.php?MTID=m966ad820ca5158be545aa683a2355941 Join by meeting number Meeting number (access code): 2827 449 9066 Meeting password: 46Cb7tP5kpm Meeting password when dialing from a phone or video system: 46227875 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. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: IdahoAdministrative Bulletin Page 78 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking Under Executive Order 2020-01: Zero-Based Regulation, the Department is striving to prevent the accumulation of costly, ineffective, and outdated regulations and reduce regulatory burden to achieve a more efficient operation of government. The rule changes are intended to perform a comprehensive review of this chapter to streamline or simplify this rule language. As such, the chapters of 16.06.12 and 16.06.03 are consolidated into what is proposed to be entitled IDAPA16.06.03. 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(1), Idaho Code, negotiated rulemaking was conducted for 16.06.12 which has been consolidated into the greater chapter of 16.06.03. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking for 16.06.12 was published in the April 2nd, 2025 Idaho Administrative Bulletin, Volume 25-4, pages 31 and 32. 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: The provider manual is intended to include procedural guidance and clarifications that have been removed from formal rule but remain essential for consistent program administration. This includes topics not directly related to eligibility determinations, such as methods for averaging self-employment income, converting income to a monthly amount, and explaining good cause determinations etc. These operational details support accurate and uniform application of policy across the program. 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 30th, 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 THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 16-0603-2501 (Chapter Rewrite) IdahoAdministrative Bulletin Page 79 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking 16.06.03 – DAYCARE LICENSING AND IDAHO CHILD CARE PROGRAM (ICCP) 000. LEGALAUTHORITY. Sections 39-1107, 39-1111, 56-1003, 56-1004A, 56-1005(8), and 56-1007, and 56-202, Idaho Code, authorize the Department and the Board to adopt and enforce rules for licensing daycare centers, group daycare facilities, and family daycare homes. (7-1-24)( ) 001. INCORPORATION BY REFERENCE.
01. Occupational Safety Health Act (OSHA). A copy of OSHA may be obtained at the Idaho
Industrial Commission, 317 Main Street., P.O. Box 83720, Boise, Idaho, 83720-0041 or at https://www.osha.gov/ sites/default/files/publications/OSHA2001.pdf. (7-1-24)
02. Crib Safety – Full Size Baby Cribs. Crib Safety. Consumer Product Safety Commission,
Compliance information for full size cribs can be found at https://www.cpsc.gov/Business--Manufacturing/Business- Education/FAQ?p=3019&tid%5b3028%5d=3028. (7-1-24)
03. Crib Safety -- Non-Full-Size Baby Cribs. Crib Safety. Consumer Product Safety Commission,
Compliance information for non-full size cribs can be found at https://www.cpsc.gov/Business--Manufacturing/ Business-Education/FAQ?p=3019&tid%5b3029%5d=3029. (7-1-24)
04. Idaho Child Care Program Manual. The Idaho Child Care Program Manual can be found at:
https://healthandwelfare.idaho.gov/services-programs/children-families-older-adults/idaho-child-care-program. ( ) 002. DEFINITIONS.
01. Earned Income. Income received by a person as wages, tips, or self-employment income before
deductions for taxes or any other purpose. ( )
02. Foster Care. The twenty-four (24) hour substitute care of children in the legal custody of the state
of Idaho provided in a state licensed foster home by persons who may or may not be related to a child. Foster care is provided in lieu of parental care and is arranged through a private or public agency. ( )
03. Foster Child. A child in the legal custody of the state of Idaho placed for twenty-four (24) hour
substitute care by a private or public agency. ( )
04. Fraud. An intentional deception or misrepresentation made by a person with knowledge that the
deception could result in some unauthorized benefit to himself or some other person. ( )
05. Good Cause. The conduct of a reasonably prudent person in the same or similar circumstances,
unless otherwise defined in these rules. ( )
06. Incapacitated Parent. A parent who is determined by a licensed practitioner of the healing arts to
be unfit, incapable, or significantly limited in their ability to provide adequate care for their child or ward( )
07. Legal Guardian. A court-appointed individual who acts as the primary caretaker of a child or
minor. ( )
08. Online Classes. Schooling completed primarily through online platforms regardless of occasional
in-person classes. ( )
09. Parent. A person responsible for a child because of birth, adoption, marriage, legal guardianship,
foster care; or a person acting in loco parentis. ( ) IdahoAdministrative Bulletin Page 80 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
10. Plan of Correction. Procedures and activities developed between the Department and provider to
bring a daycare facility into compliance. ( )
11. Regularly on the Premises. Twelve (12) hours or more in any one (1) month, or daily during
operating hours. ( )
12. Relative Provider. Grandparent, great-grandparent, aunt, uncle, or adult sibling by blood or
current marriage who provides child care. ( )
13. Special Needs. Any child with physical, mental, emotional, behavioral disabilities, or
developmental delays identified on an Individual Education Plan (IEP) or an Individualized Family Service Plan (IFSP). ( )
14. Unearned Income. Unearned income includes retirement, interest, child support, and any other
income received from a source other than employment or self-employment. ( ) 0023. – 008. (RESERVED) 009. BACKGROUND CHECK REQUIREMENTS.
01. Compliance. Department enhanced background checks are required for individuals licensed under
these rules and must comply with IDAPA 16.05.06, “Criminal History and Background Checks.” Applicants, providers, and individuals subject to criminal history checks must submit evidence of clearance from the Department before they are allowed to provide services or receive licensure, or certification to become an ICCP provider. After receiving a clearance, any new convictions must be reported to the Department once the provider learns of the conviction.A background check may be requested for individuals providing child care at any time. (7-1-24)( )
02. Background Check Requirements. Each owner, operator, or applicant seeking licensure for a
daycare facility must submit evidence that the following individuals successfully completed and received a clearance for a Department enhanced background check, at least every five (5) years, under Sections 39-1105 and 39-1113, Idaho Code: (7-1-24) a. Owners, operators, and staff; (7-1-24) b. All other individuals thirteen (13) years old or older who have unsupervised direct contact with children; or (7-1-24) c. All other individuals thirteen (13) years old or older who are in the household or regularly on the premises. (7-1-24)
03. Family Daycare Homes. Under Section 39-1114, Idaho Code, any person providing daycare for
four (4) or more children in a family daycare home is required to comply with Sections 39- 1105 and 39-1113, Idaho Code. (7-1-24)
04. Background Check Frequency. The Department can require a background check at any time on
any individual who is an owner, operator, staff, household member of a daycare facility, and all other individuals who are thirteen (13) years old or older who have unsupervised direct contact with children or who are regularly on the premises. (7-1-24)
05. Juvenile Justice Records. The enhanced background check for individuals under eighteen (18)
years, must include a check of the juvenile justice records, as authorized by the minor and their parent or guardian. Records must be checked for each jurisdiction in which the individual has resided since becoming thirteen (13) through eighteen (18) years old. Each owner, operator, or applicant is responsible for requesting a check of the juvenile justice record, the associated costs of these records, and submitting them to the Department for review. A check of the juvenile justice records must include the following: (7-1-24) IdahoAdministrative Bulletin Page 81 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking a. Juvenile justice records of adjudication of the magistrate division of the district court; (7-1-24) b. County probation services; and (7-1-24) c. Department records. (7-1-24)
06. Cost of Background Check and Juvenile Justice Records. Each individual who requests and
obtains a Department background check is responsible for the cost of the background check and check of juvenile justice records. (7-1-24)
07. Private Schools and Private Kindergartens. Under Section 39-1105, Idaho Code, any person
who owns, operates, or is employed by a private school for educational purposes for children four (4) through six (6) years old or a private kindergarten must comply with Sections 39-1105 and 39-1113, Idaho Code. (7-1-24)
08. Reporting Convictions. Following completion of a background check and clearance, additional
criminal convictions, and juvenile justice adjudications for disqualifying crimes under Section 39-1113, Idaho Code, must be self-disclosed by the individual to the owner or operator of a daycare facility. The owner or operator must report these additional convictions and adjudications to the Department within five (5) days of learning of the conviction or adjudication. (7-1-24) 010. – 120. (RESERVED) 121. APPLICATION FOR DAYCARE LICENSE OR RENEWAL. Any individual applying for licensure as a daycare facility must be at least eighteen (18) years old, apply, and provide information required by the Department under this rule, to include: (7-1-24)( )
02. Licensing Fee. The applicant nonrefundable fee must pay the appropriate licensing fee be paid
prior to the issuance of a daycare license. (7-1-24)( )
03. Inspection Reports. The following reports must be submitted to the Department with the
application that prove the facility or proposed facility meets: (7-1-24)( ) a. Building code under IDAPA 24.39.30, “Rules of Building Safety (Building Code Rules),” where required; (7-1-24)( ) b. Electrical code under IDAPA24.39.10, “Rules of the Idaho Electrical Board,” where required; (7-1-24)( ) c. Fire code under Section 41-253, Idaho Code, where required; and (7-1-24) d. Local planning and zoning requirements. All daycare facilities must comply with applicable city and county ordinances. (7-1-24)
04. Proof of Insurance. The applicant must provide proof of current fire and liability insurance
coverage for the daycare facility. (7-1-24)
05. Background Clearance. Evidence that the applicant and all individuals required to have a
background check have received a clearance from the Department. (7-1-24) 065. Statement to Comply. As part of the application, the a Applicants must thoroughly read, and review, these rules and agree that they are prepared to comply with all these provisions. Providers must also certify that they will not harm, shake, or abuse children, and that children in their care will not experience ensuring no maltreatment occurs under 45 CFR 98.41. (7-1-24)( ) 076. Statement Disclosing Revocation or Disciplinary Actions. A written statement that discloses IdahoAdministrative Bulletin Page 82 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking disclosing any revocation or other disciplinary action taken or in the process of being taken against the applicant as a daycare provider in any jurisdiction, or a statement from the applicant stating they have never been involved in any such action there has been none. (7-1-24)( ) 087. Other Information as Requested. The applicant must provide other any additional information that may be requested by the Department for the proper administration and rule enforcement of these rules. (7-1-24)( ) 098. Health and Safety Inspection. The Department will order a health and safety inspection of the daycare facility once the application for licensure is complete, and the licensing fee has been paid. (7-1-24)( ) 1009. Additional Requirements for License Renewal. A daycare license must be renewed every two (2) years. The daycare operator must submit to the Department by submitting the renewal application, fee, and all required documentation in this rule documents at least forty-five (45) days prior to the before expiration of the current daycare license. (7-1-24)( ) 110. Relicense. When a A correctly completed renewal application has been completed correctly, keeps the existing license will, unless officially revoked, remain in force valid until the Department has acted acts on the application for renewal it. (7-1-24)( ) 122. (RESERVED) 123. DISPOSITION OFAPPLICATIONS. The Department will initiate action act on each completed application within thirty (30) days after receipt that addresses each requirement for the specific type of daycare license. Upon receipt of a completed application, the Department will and review them materials for compliance with these rules daycare license requirements. (7-1-24)( )
01. Termination of Application Process. Failure of the applicant to cooperate with the Department in
during the application process may result in the lead to termination. of the application process. Failure to cooperate means that the information requested is This includes not provided providing requested information within ninety (90) days, or not provided in the form requested by the Department, or both format. (7-1-24)( )
02. Denial of Application. If an application is denied, a signed letter will be sent directly to the
applicant by registered or certified mail, advising stating the applicant of the denial and stating the basis for such denial.An The applicant whose application has been denied may not reapply until after one (1) year has elapsed from the date on the denial of application. (7-1-24)( )
03. Failure to Complete Application Process. Failure of the applicant to complete the application
process within six (6) months of the original date of application will result in a denial of the application. (7-1-24)( )
04. Denial of Licensure. If the Department determines the applicant is not in compliance with these
rules and further non-compliant and determines not to issue a daycare license, the Department it will, within thirty (30) days from the date the completed application is submitted, issue a letter of denial of licensure letter within thirty (30) days of the completed application stating the basis for the denial reason. (7-1-24)( )
05. Incomplete Application. The Department is not required to take any action acts on an application
until the application only when it is complete. (7-1-24)( )
06. Notification of License Renewal. The Department will notify the licensed daycare operator at
least ninety (90) days prior to expiration of before the license expires. (7-1-24)( ) 124. – 149. (RESERVED) 150. RESTRICTIONS ONAPPLICABILITYAND NONTRANSFER. IdahoAdministrative Bulletin Page 83 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
01. Issued License. A license applies only to the designated daycare facility licensed by the
Department, or the person and premises designated. Each license It is issued in the business name or individual name, and only to for the specified address identified on the application of the facility.AThe license issued in the name of a daycare facility licensed by the Department applies is valid only to for the period and services specified detailed in the licenseit. (7-1-24)( )
02. Return of License. The operator must immediately return their license to the Department under
any of the following circumstances: (7-1-24) a. Changes of management or address; (7-1-24) b. Upon suspension or revocation of the license; or (7-1-24) c. Upon voluntary discontinuation of service. (7-1-24)
03. Nontransferable. A license is nontransferable or assignable from one (1) between individuals, to
another, from one (1) business entity entities, or governmental unit to another, or from one (1) locations to another. (7-1-24)( )
04. Change in Ownership or Location. When there is a change in If ownership or location changes,
the daycare facility must reapply for a license.A license must be obtained before starting operations. (7-1-24)( ) 151. – 199. (RESERVED) 200. STAFFAND OTHER RECORD REQUIREMENTS. Each Daycare owners or operators of a daycare facility must maintain a current list covering the previous twelve- month period of all staff and other individuals thirteen (13) years old or older who have with unsupervised direct contact with children, or are regularly on the premises. The record over the past year and must contain the following: (7-1-24)( )
07. Verification of Pediatric Rescue Breathing, Infant-Child CPR, and Pediatric First Aid
Certification from a Certified Instructor. (7-1-24)
08. Times, Dates, and Records of Hours on the Premises Each Day. (7-1-24)
201. CHILD RECORD REQUIREMENTS. EachDaycare owners or operators of a daycare facility must maintain records for each child in attendance covering for the previous twelve-months period. and The record must contain the following: (7-1-24)( )
03. Parent or Guardian's Name,Address, and Contact Information. (7-1-24)
IdahoAdministrative Bulletin Page 84 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
05. Child's Health Information. (7-1-24)
a. Immunization record or waiver of exemption form or statement; (7-1-24) b. Any medical conditions or allergies that could affect the care of the child; and (7-1-24) c. Medications the child is taking or may be allergic to. (7-1-24)
06. Times, Dates, and Record of Attendance Each Day. Sign-in/out records, electronic or manual,
including the signature of a parent or guardian. (7-1-24) 202. – 359. (RESERVED) 360. FIRE SAFETY STANDARDS. Each daycare facility must comply with the following. (7-1-24)
01. Inspections. Must be completed by the local fire official or designee. For a daycare located outside
of the area of authority under Section 39-1109, Idaho Code, the Department can designate an approved inspector for daycare licensing purposes only. (7-1-24)
03. Unobstructed Exits. Required exits must be located in such a way that an unobstructed path
outside the building is provided to a public way or area of refuge. (7-1-24) a. Exit doors must open from the inside without the use of a key or any special knowledge or effort. (7-1-24) b. There must be at least tTwo (2) exits, located a distance apart of not less than spaced at least one- half (1/2) the diagonal dimension of the building’s or portion used for daycare diagonal dimension, but not to exceed over seventy-five (75) feet apart are required.An exception may be made for the following: (7-1-24)( ) i. The distance between exits may be extended to ninety (90) feet if the building is totally protected throughout with smoke detectors; or (7-1-24) ii. The distance between exits may be increased to one hundred ten (110) feet if the building is equipped with an automatic fire sprinkler system. (7-1-24) c. The required dimensions of exits must not be less than be at least thirty-two (32) inches of clear exit width wide and not be less than six (6) feet, eight (8) inches in height tall.An exception for s Sliding patio doors will be accepted can serve as a required second exit in a family daycare home and group daycare facility only facilities. (7-1-24) ( ) d. Each Ssleeping room exits must be provided with at least one (1) have an emergency egress window having at least a single net clear opening with a minimum clear opening size of five point seven (5.7) square feet, minimum a height of twenty-four (24) inches, minimum a width of twenty (20) inches, and maximum a finished sill height not over forty-four (44) inches. (7-1-24)( ) i. Approved egress windows from sleeping areas must be operable from the inside without the use of separate tools. (7-1-24) ii. In lieu of egress windows, an approved exit door is acceptable. (7-1-24) iii. An approved piece of furniture or platform, if anchored in place, may be approved to sit in front of IdahoAdministrative Bulletin Page 85 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking a window if the sill height is over forty-four (44) inches. (7-1-24) e. Where children are located on a story below the level of exit discharge (basement), there must be at least two (2) exits, one (1) of which must open directly to the outside. More than one (1) exit from the basement opening directly to the outside may be required, depending on the structure of the building, to ensure the safety of the occupants. (7-1-24) f. Where children are located on a story above the level of exit discharge, there must be two (2) exits, one (1) of which must open directly to the outside and comply with building codes. (7-1-24) 361. FACILITY CAPACITYAND DETERMINING OCCUPANT LOAD. Occupant load is determined by the local fire official or designee. (7-1-24)
01. Area for Daycare Use Only. The local fire official or designee will only use those areas used for
daycare purposes when determining the occupant load. (7-1-24)
02. Facilities with an Occupancy Load of Fifty or More. Must meet the requirements in Section 360
of these rules and this rule. (7-1-24) a. Exit doors must swing in the direction of egress. (7-1-24) b. Exit doors from rooms, if provided with a latch, must have panic hardware installed. (7-1-24)
03. Exit Signs. Must be installed at required exit doorways and wherever else necessary to clearly
indicate the direction of egress. (7-1-24) 362. FIRE EXTINGUISHERSAND SAFETY REQUIREMENTS. Each daycare facility must comply with the following fire extinguisher and safety requirements as applicable for size and type of facility. (7-1-24)
01. Portable Fire Extinguisher. There must be an approved portable fire extinguisher (minimum 2A-
10BC) mounted securely in a visible location not to exceed five (5) feet from the floor to the top of the extinguisher and not more than seventy five (75) feet travel distance to an extinguisher and maintained properly. (7-1-24)
02. Kitchen Area. An approved fire extinguisher must be present, or a hood-type fire suppression
system be installed in the kitchen area. (7-1-24)
04. Facilities Over Three Thousand Square Feet. Each daycare facility over three thousand (3,000)
square feet is required to have additional fire extinguishers as approved by the local fire official or designee.(7-1-24)
05. FireAlarm System. Each daycare facility with over fifty (50) children, must have an approved fire
alarm system installed. (7-1-24)
06. Smoke Detectors. Must be installed and maintained in the following locations: (7-1-24)
a. On the ceiling, wall outside, or each separate sleeping area in the immediate vicinity of bedrooms; (7-1-24) b. In each room used for sleeping purposes; and (7-1-24) c. In each story within a facility including basements. (7-1-24) d. If there is a basement, there must be a smoke detector installed in the basement having a stairway which opens from the basement into the facility. Such detector must be connected to a sounding device or other detector to provide an alarm that is audible in the sleeping area. (7-1-24) IdahoAdministrative Bulletin Page 86 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
07. Automatic Sprinkler Systems. Must be provided in all daycare facilities greater than twenty
thousand (20,000) square feet in area or when the number of children under the age of eighteen (18) months exceeds one hundred (100). (7-1-24) 363. FIRE SAFETYAND EVACUATION PLANS. Each daycare facility must have an approved fire safety and evacuation plan prepared that includes the following: (7-1-24)
01. Evacuation. Procedures and policies for accounting for staff and children after an evacuation is
completed. (7-1-24)
07. Annual Review. Fire safety and evacuation plans must be reviewed or updated annually and
available in the facility for reference and review. (7-1-24)
08. Fire and Emergency Evacuation Drills. Must be conducted on a routine schedule at least two (2)
times each year and all staff and children must participate. (7-1-24) 364. – 379. (RESERVED) 380. HEALTH STANDARDS. Each daycare facility licensed by the Department, must comply with the following. Health inspections must be conducted annually by a qualified inspector designated by the Department and will be unannounced. (7-1-24)
01. Food. Must be from an approved source under IDAPA 16.02.19, “Idaho Food Code.” Food must
not be served past expiration or “use by” date. (7-1-24)( )
02. Food Preparation. Food for use in daycare facilities must be prepared and served in a sanitary
manner with sanitized utensils and on surfaces that have been cleaned, rinsed, and sanitized prior to use to prevent cross-contamination. (7-1-24) a. Frozen food must be thawed in the refrigerator, under cold running water, or as part of the cooking process and cooked to proper temperatures under IDAPA16.02.19, “Idaho Food Code.” (7-1-24)( ) b. Individuals preparing food must use proper hand-washing techniques, minimize bare hand contact with food, and wear clean clothes. (7-1-24)
03. Food Temperatures. Potentially hazardous foods must be kept refrigerated at forty-one degrees
Fahrenheit (41°F) or below, held hot at one hundred thirty-five degrees Fahrenheit (135°F) or more, and reheated or cooled at safe temperatures under IDAPA 16.02.19, “Idaho Food Code.” Refrigerators must be equipped with an accurate thermometer. (7-1-24)( )
04. Food Storage. All food that is served in daycare facilities must be stored in such a manner that
protects it from potential contamination. There must be no evidence of pests present in the daycare facility . (7-1-24)( )
05. Food Contact Surfaces. Must be kept clean and sanitized, including counters, serving tables, high
IdahoAdministrative Bulletin Page 87 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking chair trays, and cutting boards. (7-1-24)
06. Dishwashing Sanitizing. Dishes, glasses, utensils, silverware, and all other objects used for food
preparation and eating must be sanitized using appropriate sanitizing procedures. (7-1-24)
07. Utensil Storage. Clean utensils must be stored on clean shelves or drawers and not subject to
recontamination, and sharp knives and other sharp objects be kept out of reach of children. (7-1-24)
09. Hand Washing. Children and facility staff must be provided with individual or disposable towels
for hand drying, and the hand washing area be equipped with soap and warm and cold running water. (7-1-24)
10. Diaper Changing. Must be conducted in such a manner as to prevent the spread of communicable
diseases, be separate from food preparation and serving areas, and have easy access to a hand washing sink. (7-1-24)( )
11. Sleeping Areas. Children sleeping at the facility must have separate cots, mats, or beds and
blankets. (7-1-24)
12. Safe Sleep. Providers must place newborn infants up to twelve (12) months old in a safe sleep
environment. Safe sleep practices include alone, on their backs, and in a Consumer Product Safety Commission (CPSC) certified sleep space. (7-1-24)
13. Restrooms, Water Supply, and Sewage.All daycare facilities must have restrooms. (7-1-24)
a. Each facility must have at least one (1) flushable toilet and one (1) hand washing sink with warm and cold water per restroom. (7-1-24) b. Plumbing and bathroom fixtures must be in good condition. (7-1-24) c. All daycare facilities and homes must comply with IDAPA 24.39.30, “Rules of Building Safety (Building Code Rules).” (7-1-24)( )
14. Water Supply. The facility's water supply must meet one (1) of the following requirements:
(7-1-24) a. Be from a public water system that is maintained under IDAPA 58.01.08, “Idaho Rules for Public Drinking Water Systems,” at the time of initial or renewal application; or (7-1-24)( ) b. Be from a private source, such as well or spring, be tested annually for bacteria and nitrate, and be approved by the Department. (7-1-24) c. Water used for consumption at a daycare facility is from an acceptable source. Temporary use of bottled water or boiled water may be allowed for a period specified by the Department. (7-1-24)
15. Sewage Disposal. Facility sewage must be disposed of through a public system, or in the absence
of a public system, in a manner approved by the local health authority under IDAPA58.01.03 “Individual/Subsurface Sewage Disposal Rules.” (7-1-24)( )
16. Alcohol and Illegal Drugs. Must not be used by providers, owners, operators, staff, volunteers,
children, or visitors at daycare facilities, in the presence of children during hours of operation, or in vehicles while transporting children. (7-1-24) a. Any individual under the influence of alcohol or drugs is not permitted at or in the daycare facility. (7-1-24) IdahoAdministrative Bulletin Page 88 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking b. Illegal drugs are prohibited by law and therefore are not allowed on the premises of any licensed daycare facility at any time. (7-1-24)
17. Smoke-Free Environment. Children must be afforded a smoke-free environment during all
daycare hours, whether indoors or outdoors. While children are in care, the operator and all staff must ensure that no smoking or other tobacco use occurs within the facility, in outdoor areas, or in vehicles when children are present. (7-1-24)
18. Transportation. Provider that transports a child(ren) will possess a valid driver's license, be
insured under Idaho Law, and abide by all traffic laws including the requirement that all children are in proper safety restraints while being transported under Section 49-672, Idaho Code, and Section 49-673, Idaho Code. Vehicles used to transport children will be properly maintained and in good working condition. (7-1-24)( )
19. Disaster and Emergency Planning. Providers must have documented plans for emergencies
resulting from a natural disaster, or human-caused event that include: (7-1-24) a. Procedures for evacuation, relocation, shelter-in-place, lock-down, communication and reunification with families, continuity of operations, and accommodation of infants and toddlers and children with disabilities or chronic medical conditions. (7-1-24) b. Procedures for staff and volunteer emergency preparedness training and practice drills. (7-1-24) c. Guidelines for the continuation of daycare services in the period following the emergency or disaster. (7-1-24) d. Procedures for the prevention of and response to emergencies due to food and allergic reactions. (7-1-24)
20. Medication. No person can administer any medication to a child without it first being authorized
by a parent or caretaker. All medications, refrigerated or unrefrigerated, must be in a locked box or otherwise in inaccessible to children. (7-1-24)
21. Adequate Heat, Light, and Ventilation. A daycare facility must have adequate heat, light and
ventilation. Windows and doors must be screened if used for ventilation. (7-1-24)
22. Immunizations. Daycare operators must comply with requirements under IDAPA 16.02.11,
“Immunization Requirements for Licensed Daycare FacilityAttendees.” (7-1-24)( ) 381. MISCELLANEOUS SAFETY REQUIREMENTS. Each daycare facility licensed by the Department must comply with the following: (7-1-24)
01. Telephone. An operable telephone or cell phone must always be available in the facility with the
following conditions: (7-1-24)( ) a. The telephone number used must be made available to parents and guardians. (7-1-24) b. Emergency phone numbers to include including 911, an adult emergency substitute operator, and the facilityaddress, and phone number of the facility must be posted by the telephone or in a location that is easily and always visible at all times. (7-1-24)( )
02. Heat-Producing Equipment. A furnace, fireplace, wood-burning stove, water heater, and other
flame or heat-producing equipment must be installed and maintained as recommended by the manufacturer and protected on all surfaces by screens or other means. (7-1-24)
03. Portable Heating Devices. Must be limited and approved for use and location by the Fire Inspector
prior to use within a facility and will not be used during sleeping hours. (7-1-24) IdahoAdministrative Bulletin Page 89 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
04. Storage of Weapons, Firearms, and Ammunition. Firearms or other weapons stored at a daycare
facility must be kept in a locked cabinet, gun safe, or other container that is inaccessible to children, while children are in attendance. Keys to these containers must also be inaccessible to children. (7-1-24) a. Ammunition must be stored in a locked container separate from firearms. (7-1-24) b. Matches, lighters, and any other means of starting fires must be kept away from and out of the reach of children. (7-1-24) c. Other weapons that could cause harm must be stored out of reach of children. (7-1-24)
05. Animals and Pets. Any pet or animal present at the facility, indoors or outdoors, must be in good
health, show no evidence of carrying disease, and be a friendly companion of the children. The operator must maintain the animal's vaccinations and vaccination records which will be made available to the Department upon request. (7-1-24)
06. Hazardous Materials. Cleaning materials, flammable liquids, detergents, aerosol cans, pesticides,
and other poisonous and toxic materials must be kept in their original containers and in a place inaccessible to children. They must be used in such a way that will not contaminate play surfaces, food, food preparation areas, or constitute a hazard to the children. Biocontaminants must be disposed of appropriately. (7-1-24) 382. – 399. (RESERVED) 400. BUILDINGS, GROUNDS, FURNISHINGS,AND EQUIPMENT. Each daycare facility licensed by the Department must comply with the following: (7-1-24)
01. Appliances and Electrical Cords.All appliances, lamp cords, exposed light sockets, and electrical
outlets will be protected to prevent electrocution. (7-1-24)
02. Balconies and Stairways. Balconies and stairways accessible to children will have substantial
railings as required by IDAPA24.39.30, “Rules of Building Safety (Building Code Rules). (7-1-24)( )
03. Stairway Protection. Where an operator cares for children less than three (3) years old, stairways
will be protected to prevent child access to stairs. (7-1-24)
04. Hazardous Area Restrictions. Based on the age and functioning level of children in care and the
type of hazard and the area surrounding the hazard, the area will be restricted to prevent easy access to the hazard. (7-1-24)
05. Fueled Equipment. Fueled equipment including motorcycles, mopeds, lawncare equipment, and
portable cooking equipment. This equipment will not be stored or repaired in areas where children are present. (7-1-24)
06. Water Hazards. Above and below ground pools, hot tubs, ponds, and other bodies of water that
are on the daycare facility premises must provide the following safeguards: (7-1-24) a. The area surrounding the body of water must be fenced and locked in a manner that prevents access by children and meets the following (7-1-24) i. The fence will be at least four (4) feet high with no vertical opening more than four (4) inches wide and designed so that a young child cannot climb or squeeze under or through the fence. The fence will surround all sides of the pool and have a self-closing gate that has a self-latching mechanism in proper working order that is out of the reach of young children. (7-1-24) ii. If the house forms one (1) side of the barrier for the pool, all doors that provide unrestricted access to the pool will have alarms that produce an audible sound when the door is opened. (7-1-24) IdahoAdministrative Bulletin Page 90 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking b. Furniture or other large objects will not be left near the fence in a manner that would enable a child to climb on the furniture or other large object and gain access to the pool. If the area surrounding a pool, hot tub, pond, or other body of water is not fenced and locked, there will be a secured protective covering that prevents access by a child. (7-1-24) c. Wading pools and buckets will be empty when not in use. (7-1-24) d. Children will be under direct supervision of adult staff who are certified in pediatric CPR and pediatric first aid while using a bathtub, pool, hot tub, pond, or other body of water. (7-1-24) e. A minimum of a four (4) foot high fence that prevents access from the daycare facility premises if the daycare premises are adjacent to a body of water. (7-1-24)
07. Indoor Play Areas and Toys. The indoor play areas will be clean, have age-appropriate toys, and
be free from accumulation of dirt, rubbish, or other health hazards. (7-1-24)
08. Outdoor Play Areas and Toys. Any outdoor play area must be maintained free from hazards such
as wells, machinery, and animal waste. (7-1-24) a. If any part of the play area is adjacent to a busy roadway, drainage or irrigation ditch, stream, large holes, or other hazardous areas, the play area will be enclosed with a fence in good repair that is at least four (4) feet high without any holes or spaces greater than four (4) inches in diameter. (7-1-24) b. Outdoor equipment, such as climbing apparatus, slides, and swings will be anchored firmly and placed in a safe location and according to the manufacturer's instructions. (7-1-24) c. Outdoor play areas will be designed so that all parts are always visible and easily supervised by staff. (7-1-24) d. Toys, play equipment, and any other equipment used by the children will be of substantial construction and free from rough edges and sharp corners. Unguarded ladders on slides will be kept in good repair and well-maintained. (7-1-24) e. Toys and objects with a diameter of less than one (1) inch (two point five (2.5) centimeters), objects with removable parts that have a diameter of less than one (1) inch (two point five (2.5) centimeters), plastic bags, styrofoam objects, and balloons will not be accessible to children ages three (3) and under, or children who are known to place such objects in their mouths. (7-1-24) 401. – 419. (RESERVED) 420. CONTINUED COMPLIANCE, REPORTING CHANGES,AND CRITICAL INCIDENTS. Each daycare owner or operator must always comply with the fire, safety, and health requirements under these rules and the following: (7-1-24)
01. Department Access. The owner, operator, or staff of a daycare facility Department must be
allowed the Department access to the premises and records for reinspection at any time anytime during the licensing period. (7-1-24)( )
02. Posting Information.A daycare must post the Department's contact information and the statewide
number to file daycare complaints. (7-1-24)
03. Reporting Changes. The owner, operator, or staff of a daycare facility notifies the Department
must be notified of any changes that affect the terms of affecting licensure or could affect the health, well-being, or safety of children. (7-1-24) ( )
04. Critical Incidents. A daycare operator must report any of the following to the Department within
twenty-four (24) hours: (7-1-24) ( ) IdahoAdministrative Bulletin Page 91 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking a. Any injury that requires hospitalization of a child. (7-1-24) b. Death or near death of a child in care. (7-1-24) c. When a child is missing from a daycare facility. (7-1-24) d. Any arrests, citations, withheld judgments, or criminal convictions of disqualifying crimes under Section 39-1113, Idaho Code, of an operator or any individual regularly on the premises of the facility and provide with documentation that proving they individual is do not working with children or is are not on the premises present. (7-1-24)( ) 421. ICCP ELIGIBILITY FOR BENEFITS. The following requirements must be met to be considered for ICCP: ( )
01. Application. Applicants must complete and sign an application. Verifications are required within
thirty (30) days, otherwise a new application is required; ( )
04. Cooperation with Child Support Services. An applicant must cooperate with establishing
paternity and obtaining child support if applicable, unless good cause is granted; and ( )
05. Eligible Child.Afamily may receive child care benefits so long as the child(ren) is: ( )
a. Acitizen or living lawfully in the United States; and ( ) b. Thirteen (13) years old unless the child is physically or mentally unable to self-care and is verified by a licensed mental health professional, or licensed medical professional, or is under court supervision, in which case benefits may continue until the month of the child’s nineteenth (19th) birthday. ( ) 422. INCOME LIMITS. Afamily must have income that does not exceed the following published Federal Poverty Guidelines (FPG); ( )
02. Income During Eligibility Period. Eighty-five percent (85%) of the State Median Income (SMI)
for a family of the same size. ( )
03. Income at Redetermination. One hundred forty-five percent (145%) of FPG for a family of the
same size. The family may be eligible to receive a graduated phase out of child care assistance. ( ) 423. COUNTABLE INCOME. All gross earned and unearned income is counted in determining eligibility and the child care benefit amount, unless specifically excluded under these rules. ( ) 424. EXCLUDED INCOME. The following sources of income are not counted: ( )
01. Earned Income of a Dependent Child. Income earned by a dependent child under age eighteen
(18) is not counted, unless the child is a parent who is seeking or receiving child care benefits. ( )
02. Income Received for Person Not Residing With the Family. ( )
IdahoAdministrative Bulletin Page 92 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
03. Educational Funds. Including grants, scholarships,AmeriCorps EducationAward, and federal and
state work-study income. ( )
08. Foster Care Payments and Foster Parents’ Income. Income of licensed foster parents are
excluded when determining eligibility for a foster child. When determining eligibility for the foster parent’s child(ren), income is counted. ( )
09. AmeriCorps/VISTA Volunteers. Living allowances, wages and stipends paid under 42 U.C.S.
5044, P.L. 93-113, Title IV, Section 404(g). ( )
13. Temporary Census Income. Census Bureau temporary pay related to U.S. Census activities are
excluded for up to six (6) months during the regular ten-year U.S. Census. ( )
14. Workforce Investment Act (WIA) Benefits or Workforce Innovation and Opportunity Act
(WIOA) Benefits. ( ) 425. INCOME DEDUCTIONS. Court-ordered child support payments made by a parent receiving child care benefits are deducted from income eligibility, with verification of actual payment and legal obligation. ( ) 426. CHANGE REPORTING REQUIREMENTS. A family must report the following permanent changes by the tenth of the month following in which the change occurred. The Department will take action the month in which the change was reported. ( )
04. Income. When the household’s total gross income for a family of the same size exceeds any of the
following: ( ) a. One hundred and thirty percent (130%) of the Federal Poverty Guidelines (FPG); ( ) b. Eighty-five percent (85%) of the State Median Income (SMI); or ( ) c. The graduated phase-out income limit. ( )
05. Change in Child Care Provider or Child Permanently Stops Attending. ( )
427. REDETERMINATION OF ELIGIBILITY FOR CHILD CARE BENEFITS. IdahoAdministrative Bulletin Page 93 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking
01. Redetermination. The Department will redetermine eligibility for child care benefits at least every
twelve (12) months. ( )
02. Graduate Phase Out. At redetermination, if a household’s income exceeds one hundred forty
percent (140%) of FPG for a family of the same size, eligible children may receive a graduated phase out benefit that is limited to twelve (12) months following the completion of redetermination. ( ) 428. FAMILY COMPOSITION. A family is a group of individuals living in a common residence, whose combined income is considered in determining eligibility and the child care benefit amount. No individual may be considered a member of more than one (1) family in the same month. The following individuals are included in determining the family composition: ( )
01. Married Parents. Married parents, includes biological, adoptive, step-parent, guardian, and foster
parent. ( )
04. Minor Parent. A minor parent under the age of eighteen (18) and child are considered a separate
family when they apply for child care benefits, even if they live with other relatives. ( )
05. A Legal Guardian. An individual who is eligible to apply for child care benefits, and the child’s
natural or adoptive parents are not living in the home. ( )
06. Citizenship or Alien Status Requirement. Family members who are not citizens or living
lawfully in the United States will not be counted in the family size. Their income will be counted when determining the household’s income. ( )
07. Child Custody.Achild may alternate between parents’homes; but not be a member of both. If not
agreed, primary custody determines household for child care benefits, based on where the child stays fifty-one (51%) or more nights. If only one parent applies for benefits, the child may be in their household without primary custody. ( ) 429. INCAPACITATED PARENT. An incapacitated parent, in a two (2) parent family, is not required to have any qualifying activities, as long as the other parent is participating in qualifying activities. A single parent family in which the parent is incapacitated is not eligible for ICCP.A parent with a disability does not automatically qualify as an incapacitated parent. ( ) 430. QUALIFYINGACTIVITIES FOR CHILD CARE BENEFITS. Each parent included in the household must need child care because they are engaged in one (1) qualifying activities listed below. ( )
01. Employment. The parent is currently employed in a job paying wage or salary at federal minimum
wage, including work paid by commission or in-kind compensation. ( )
02. Self-Employment. The parent is currently self-employed in a business that is a sole proprietorship.
Restrictions apply as follows: ( ) a. Actual activity hours are used for the first twelve (12) months. ( ) b. At month thirteen (13), activity hours are limited by dividing self-employment income by the federal minimum wage, taking the lesser of the calculated activity hours or actual activity hours. ( )
03. Training or Education. The parent is attending an accredited education or training program that
IdahoAdministrative Bulletin Page 94 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking must prepare the trainee for employment. Restrictions apply as follows: ( ) a. On-line classes and post baccalaureate classes cannot be counted. ( ) b. More than forty-eight (48) months of post-secondary education has been used as a qualifying activity. ( )
04. Preventive Services. The parent is receiving preventive services that aim to prevent out-of-home
placement by engaging in activities to reduce the need for protective intervention. Verification of continued need will be done every three (3) months. ( )
05. Personal Responsibility Contract (PRC) or Other Negotiated Agreement. The parent is
completing Personal Responsibility Contract (PRC) or other self-sufficiency activities negotiated between the Department and the parent. ( ) 431. PROJECTING QUALIFYINGACTIVITY HOURS. Activity hours are projected for each month to determine if payment is made on a full-time {thirty-two (32)} hours or more per week) or part-time {sixteen (16) to thirty-on (31)} hours per week) basis. Past activity hours may be used to project future activity hours if the employer and number of hours worked are the same and are expected to remain the same throughout the certification period. Hours for each qualifying activity must be projected individually and converted to a monthly amount. ( ) 432. CESSATION OF QUALIFYINGACTIVITIES. An eligible family who ceases its qualifying activity, may continue to receive assistance for up to three (3) months. ( ) 433. IN-HOME CARE. Parents must request and obtain approval for in-home child care from the Department and have qualified activities outside their home.Approval is limited to the following circumstances: ( )
03. Illness or Disability. A child has a verified illness or disability and would place the child or other
children in an out-of-home facility at risk. ( ) 434. ALLOWABLE CHILD CARE COSTS. Care provided to an eligible child by an eligible child care provider is payable subject to the following conditions: ( )
01. Parent’s Qualifying Activities. Child care must be reasonably related to the parent's qualifying
activities. ( )
02. One-Time Registration Fees. One-time fees for registering a child in a child care facility are
payable above the local market rate, if the fee is charged to all who enroll in the facility with reimbursement capped at one hundred fifty dollars ($150) and must be usual and customary rates charged to all families. Registration fees are separate from local market rates. ( ) 435. NON-ALLOWABLE CHILD CARE COSTS. Care provided to an eligible child is not payable under the following conditions: ( )
01. Family Member or Guardian Providing Child Care. A parent, step-parent, or guardian
providing child care to their own child or ward. ( )
02. Provider Living at Same Address as Child. If the provider lives at the same address as the child
IdahoAdministrative Bulletin Page 95 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking who in-home child care is provided to. ( )
03. School Tuition,Academic Credit, or Tutoring. ( )
a. Any services provided to such students during the regular school day, including kindergarten; ( ) b. Any services for which such students receive academic credit toward graduation; or ( ) c. Any instructional services which supplant or duplicate the academic program of any public or private school. ( ) 436. AMOUNT OF PAYMENT. Child care payments will be based on the following: ( )
01. Payment Rate. Payment will be based on the provider’s usual and customary rates or the Local
Market Rate (LMR), whichever is lower. ( ) a. Local market rates are the maximum monthly amounts ICCP pays for specific child care types in designated regions determined by the Department through surveys every three years. The survey will use the age of child, the type of child care, and the designated area where the provider does business. ( ) b. Payment rates will be determined by the location of the child care facility. ( ) c. If the child care facility is not in Idaho, the local market rate will be the rate where the family live. ( )
02. Usual and Customary Rates. Rates charged by the child care provider must not exceed the usual
and customary rates charged for child care to persons not entitled to receive benefits under ICCP. ( )
03. In-Home Care. Parents are responsible to pay persons providing care in the child’s home the
minimum wage, as required by the Fair Labor Standards Act (29 U.S.C. 206a) and other applicable state and federal requirements. ( )
04. Payments. Payments will be issued directly to eligible providers. ( )
437. COPAYMENTS. Eligible families, except TANF families participating in non-employment TANF activities and guardians of foster children, must pay part of their child care costs. ( )
01. Provider Responsibility. Providers are responsible for ensuring families pay the determined child
care costs and must not waive these costs. ( )
02. Family Payment. Family income and activity for the month of the child care will determine the
family costs. The Department’s payment equals the lower of allowable local market rate or billed costs, minus the co- payment. ( ) 438. STUDENT CO-PAYMENT REQUIREMENTS.
01. Post-Secondary Student. ( )
a. Astudent working less than ten (10) hours per week will be required to pay a co-payment. ( ) b. A student working ten (10) hours or more per week will have a co-payment based on family income. ( )
02. High School Student. A student who is in high school, or who is taking GED courses will have a
IdahoAdministrative Bulletin Page 96 July 2, 2025 – Vol. 25-7 DEPARTMENT OF HEALTH AND WELFARE Docket No. 16-0603-2501 Daycare Licensing Proposed Rulemaking co-payment based on family income. ( ) 439. INTERIM CHILD CARE PAYMENT. If child care arrangements would otherwise be lost, child care may be paid when a child temporarily stops attending child care for no longer than (1) calendar month and plans to return. ( ) 440. FUNDING RESTRICTIONS. If a funding shortfall is projected, the Department may take action to ensure that ICCP operates within its appropriation. ( ) 441. REFUSALTO ENTER INTOAN AGREEMENT. The Department may refuse to enter into a provider agreement for the following reasons: ( )
01. Convicted of a Felony. The provider has been convicted of a felony or is under investigation for
the commission of a felony. ( )
02. Committed an Offense orAct Not in Best Interest of Child Care Participants. The provider has
committed an offense or act which the Department determines is inconsistent with the best interests of ICCP participants. ( )
03. Failed to Repay. The provider has failed to repay the Department monies which had been
previously determined to have been owed to the Department. ( )
05. Terminated Provider Agreement. The provider was the managing employee, officer, owner, or
spouse, partner, or relative of an owner of an entity, whose provider agreement was terminated under Section 750 of these rules. ( )
06. Excluded Individuals. The provider has a current exclusion from participation in federal programs
by the Office of Inspector General List of Excluded Individuals and Entities. ( ) 442. PROVIDER NOTIFICATION. When the Department determines actions defined in these rules are appropriate, it will send written notice of the decision to the provider or person. The notice will state the basis for the action, the length of the action, the effect of the action on that person's ability to provide services under state and federal programs, and the person's appeal rights. ( ) 42143. – 999. (RESERVED) IdahoAdministrative Bulletin Page 97 July 2, 2025 – Vol. 25-7
Documents
- Full text (state register) · April 02, 2025
Don't miss the comment window
One Click Politics alerts you on every deadline, hearing, and rule change.
See all rules with comments due soon →