5.1 Licensing Requirements

Each Lead Agency must ensure it has in effect licensing requirements applicable to all child care services provided within the State/Territory (not restricted to providers receiving CCDF funds). 5.1.1 Providers subject to licensing For each category of care listed below, identify the type of providers subject to licensing and describe the licensing requirements. a. Identify the center-based provider types subject to child care licensing: A daycare center license is issued for a place or facility providing daycare where 13 or more children, regardless of relationship to the person or persons providing the care, are in attendance. If a city or county within its respective jurisdiction has adopted an ordinance for regulation and/or licensing of daycare services, then the provisions of this chapter shall not apply with such city or county unless the ordinance Is subsequently repealed. Cities and counties are granted authority and may adopt ordinances for regulation and/or licensing of daycare services. The following municipalities have exercised their right to local option licensing programs: Boise, Chubbuck, Coeur d' Alene, Idaho Falls, Lewiston, Moscow, and Pocatello. Center-based providers must be licensed to participate in the Idaho Child Care Program (ICCP). Are there other categories of licensed, regulated, or registered center providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. b. Identify the family child care providers subject to licensing: A family daycare home, caring for 6 children or less, is not required to be licensed. However, a family daycare home may voluntarily elect to be licensed by the Idaho Department of Health and Welfare. Idaho provides licensing of a Group Daycare Facility, which may be located within a home/residence setting. A group daycare facility license is issued for a place or facility providing daycare, where seven to twelve children, regardless of relationship to the person or persons providing the care, are in attendance. If a city or county within its respective jurisdiction has adopted an ordinance for regulation and/or licensing of daycare services, then the provisions of this chapter shall not apply with such city or county unless the ordinance is subsequently repealed. A family daycare home, caring for 6 children or less, is not required to be licensed to participate in the Idaho Child Care Program (ICCP). Group Daycare Facilities must be licensed to participate in the Idaho Child Care Program (ICCP). Are there other categories of regulated or registered family child care providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. c. Identify the in-home providers subject to licensing: When a child is cared for in their own home, there is no state licensing requirement. Are there other categories of regulated or registered in-home providers the Lead Agency does not categorize as license-exempt? [ ] Yes. If yes, describe: [x] No. 5.1.2 CCDF-eligible providers exempt from licensing Identify the categories of CCDF-eligible providers who are exempt from licensing requirements, the types of exemptions, and describe how these exemptions do not endanger the health, safety, and development of children. -Relative providers, as defined in CCDF, are addressed in subsection 5.8. a. License-exempt center-based child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible center-based child care providers who are exempt from licensing requirements. Idaho does not have license-exempt center- based child care (IDAPA 16.06.02.301.03). ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. Idaho does not have license-exempt center-based child care (IDAPA 16.06.02.301.03). iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Idaho does not have license- exempt center-based child care (IDAPA 16.06.02.301.03). b. License-exempt family child care. Describe by answering the questions below. i. Identify the categories of CCDF-eligible family child care providers who are exempt from licensing requirements. A family daycare home is not required to be licensed because under Idaho Law, if a provider services less than seven children, they are considered family. However, a family daycare home may voluntarily elect to be licensed by the Idaho Department of Health and Welfare. CCDF eligible family child care providers must fully comply with IDAPA 16.06.12. and complete the following: -A provider orientation -Sign an ICCP Provider Agreement annually -Meet all health and safety criteria detailed in IDAPA 16.06.12, including background checks on household members -Complete an annual health and safety inspection as detailed in IDAPA 16.06.12 -Meet all training criteria detailed in IDAPA 16.06.12 -Maintain records as detailed in IDAPA 16.06.12 -Demonstrate compliance with local codes and ordinances ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. The occasional or irregular care of a neighbor's, relative's or friend's child or children by a person not ordinarily in the business of providing daycare is also exempt from licensing. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. A family daycare home that serves six or fewer children is exempt from licensure but may voluntarily elect to be licensed. Exempt providers commonly provide care in their home or the home of the parent or guardian. Any person providing daycare for four to six children in a family daycare home must complete and pass a Criminal History and Background Check to ensure the safety and well-being of children in their care. c. In-home care (care in the child’s own home by a non-relative). Describe by answering the questions below. i. Identify the categories of CCDF-eligible in-home care (care in the child’s own home by a non- relative) providers who are exempt from licensing requirements. When a child is cared for in their home, there is no licensing requirement. ii. Describe the exemptions based on length of day, threshold on the number of children in care, ages of children in care, or any other factors applicable to the exemption. When a child is cared for in their home, there is no licensing requirement. iii. Describe how the exemptions for these CCDF-eligible providers do not endanger the health, safety, and development of children. Annually each in-home care provider is responsible to ensure that health and safety requirements are met for children being cared for in the children’s own home, as defined in Section 802 of these rules. (16.06.12.401)