CHILD CARE LICENSING – Adds to existing law to provide for department oversight for residential care facilities, licensing requirements, facility documentation requirements, and the youth bill of rights.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
723
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CARE
LICENSING;
PROVIDING
LEGISLATIVE
FINDINGS
AND
IN
-
2
TENT;
AMENDING
CHAPTER
12,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
3
NEW
SECTION
39
-
1210A,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
4
THE
DEPARTMENT'S
QUALITY
OF
CARE
OVERSIGHT;
AMENDING
CHAPTER
12,
TI
-
5
TLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
39
-
1210B,
IDAHO
6
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
INDIVIDUALIZED
SERVICE
PLAN
-
7
NING
AND
DOCUMENTATION
REQUIREMENTS
FOR
RESIDENTIAL
CARE
FACILITIES;
8
AMENDING
CHAPTER
12,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
9
TION
39
-
1225,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
YOUTH
10
BILL
OF
RIGHTS
IN
LICENSED
CHILDREN'S
RESIDENTIAL
FACILITIES;
AMEND
-
1
1
ING
CHAPTER
12,
TITLE
39,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
12
39
-
1226,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
CRITICAL
IN
-
13
CIDENT
REPORTING
IN
LICENSED
CHILDREN'S
FACILITIES;
AND
DECLARING
AN
14
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
15
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
16
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
It
is
the
intent
of
the
Leg
-
17
islature
to
protect
children
in
licensed
children's
residential
care
facil
-
18
ities
through
the
creation
of
the
Youth
Bill
of
Rights,
enhanced
inspection
19
and
quality
care
oversight,
and
comprehensive
critical
incident
report
-
20
ing.
The
Legislature
finds
that
all
children
placed
in
licensed
children's
21
residential
care
facilities
are
entitled
to
be
treated
with
dignity,
pro
-
22
tected
from
harm,
and
fully
informed
of
their
rights.
It
is
the
intent
of
the
23
Legislature
that
the
Department
of
Health
and
Welfare
establish,
develop,
24
distribute,
post,
and
include
an
explanation
and
interpretation
of
the
Youth
25
Bill
of
Rights
to
ensure
children
and
their
families
can
exercise
those
26
rights
during
care
and
understand
how
to
seek
assistance
or
file
complaints
27
with
the
department.
The
Legislature
further
finds
that
Idaho's
children
28
and
youth
in
licensed
residential
care
facilities,
when
taking
into
account
29
a
child's
individual
needs,
should
expect
to
receive
care
that
is
safe,
evi
-
30
dence
-
based,
trauma
-
informed,
and
consistent
with
professional
and
ethical
31
standards.
It
is
the
intent
of
the
Legislature
for
the
Department
of
Health
32
and
Welfare
to
establish
a
comprehensive
framework
for
evaluating
quality
of
33
care,
staff
competency,
family
engagement,
and
resident
well
-
being
across
34
all
licensed
facilities,
inspections
to
assess
compliance
with
all
appli
-
35
cable
licensing
rules
and
health
and
safety
standards,
and
full
and
focused
36
surveys
to
assess
adherence
to
the
Youth
Bill
of
Rights.
37
SECTION
2.
That
Chapter
12,
Title
39,
Idaho
Code,
be,
and
the
same
is
38
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
39
ignated
as
Section
39
-
1210A,
Idaho
Code,
and
to
read
as
follows:
40

2
39
-
1210A.
QUALITY
OF
CARE
OVERSIGHT
-
-
INSPECTIONS
AND
INTERVIEWS
1
-
-
LICENSING.
(1)
The
department
shall
assess
the
quality
of
care
of
all
2
licensed
children's
residential
care
facilities.
To
assess
the
quality
of
3
care,
the
department
shall:
4
(a)
Conduct
an
annual
unannounced
inspection
of
each
licensed
residen
-
5
tial
care
facility
and
additional
inspections
as
warranted
by
substan
-
6
tiated
complaints,
serious
incidents,
prior
deficiencies,
significant
7
operational
changes,
or
patterns
of
noncompliance.
The
annual
inspec
-
8
tion
shall
include:
9
(i)
Review
of
the
facility's
quality
assurance
program
required
10
by
the
department,
including
documentation
demonstrating
its
im
-
1
1
plementation
and
effectiveness
in
meeting
residents'
individual
12
safety
needs
and
service
plan.
Accreditation
reports
issued
by
a
13
nationally
recognized
accrediting
organization
may
be
accepted
as
14
evidence
of
compliance
with
this
requirement;
and
15
(ii)
Review
of
the
program
description
to
ensure
the
facility's
16
compliance
with
its
approved
program
description
and
its
capacity
17
to
serve
the
specific
safety
needs
of
each
child.
18
(b)
Conduct
announced
and
unannounced
interviews
and
surveys
with
19
children
in
the
facility
to
identify
strengths
and
weaknesses
of
the
20
program
and
then
integrate
the
children's
feedback
into
the
quality
21
improvement
and
licensing
review
processes;
22
(c)
Review
adherence
to
the
youth
bill
of
rights;
and
23
(d)
Conduct
other
activities
as
it
deems
appropriate.
24
(2)
As
part
of
the
licensing
inspection
process,
the
department
shall
25
conduct
confidential,
in
-
person
interviews
with
a
sample
representative
26
of
current
residents
and
facility
staff
selected
exclusively
by
department
27
personnel
using
an
independent
and
objective
process.
Facility
administra
-
28
tors
or
staff
shall
not
participate
in
the
selection
of
interviewees.
The
29
department
shall
document
the
findings
of
these
interviews
and
incorporate
30
the
results
into
its
overall
compliance
assessment,
quality
review,
and
any
31
required
corrective
action
plan.
32
(3)
Findings
from
inspections
and
interviews
by
the
department
that
re
-
33
veal
violations
of
licensing
requirements,
the
youth
bill
of
rights,
docu
-
34
mentation
requirements,
or
statutory
protections
shall
be
grounds
for
en
-
35
forcement
action,
including
corrective
plans,
sanctions,
or
referral
to
the
36
child
abuse
reporting
hotline
or
law
enforcement
as
appropriate.
Addition
-
37
ally,
upon
a
finding
of
a
violation,
the
department
shall:
38
(a)
Complete
a
critical
incident
report;
39
(b)
Uphold
standards
for
interview
procedures,
documentation,
and
con
-
40
fidentiality;
41
(c)
Maintain
the
criteria
for
determining
inspection
frequency
and
42
scope;
and
43
(d)
Maintain
timelines
for
follow
-
up
inspections
and
compliance
veri
-
44
fications.
45
SECTION
3.
That
Chapter
12,
Title
39,
Idaho
Code,
be,
and
the
same
is
46
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
47
ignated
as
Section
39
-
1210B,
Idaho
Code,
and
to
read
as
follows:
48

3
39
-
1210B.
INDIVIDUALIZED
SERVICE
PLANNING
AND
DOCUMENTATION
REQUIRE
-
1
MENTS
FOR
RESIDENTIAL
CARE
FACILITIES.
(1)
Residential
care
facilities
2
shall
document
the
following
information
at
the
time
of
a
child's
placement:
3
(a)
The
physical
and
emotional
state
of
the
child
upon
intake;
4
(b)
The
child's
primary
diagnosis;
5
(c)
The
nature
of
the
child's
problems;
6
(d)
The
child's
physical,
social,
and
emotional
development
and
any
7
special
problems
and
needs
the
child
may
have;
and
8
(e)
Reports
on
psychological
tests,
psychiatric
examinations,
and
fol
-
9
low
-
up
treatment,
if
obtained.
10
(2)
The
facility
shall
develop
and
document
an
individualized
service
1
1
plan
for
each
child.
The
initial
individualized
service
plan
shall
be
writ
-
12
ten
within
thirty
(30)
days
after
a
child
has
been
admitted
to
the
facility
13
and
shall
include:
14
(a)
The
needs
of
the
child
and
the
child's
family;
15
(b)
The
goals
for
the
child
and
time
frames
to
achieve
such
goals;
16
(c)
The
services
the
facility
will
provide
to
assure
the
safety,
health,
17
and
well
-
being
of
the
child;
and
18
(d)
The
criteria
for
discharge
and
the
projected
discharge
date.
19
(3)
The
facility
shall
update
the
individualized
service
plan
every
20
ninety
(90)
days
to
document
the
progress
toward
achieving
the
goals
refer
-
21
enced
in
the
initial
plan.
22
(4)
If
a
child
is
placed
in
the
facility
for
less
than
thirty
(30)
days,
23
the
initial
service
plan
shall
include,
upon
admission:
24
(a)
The
immediate
needs
of
the
child;
and
25
(b)
The
services
the
facility
will
provide
to
assure
the
safety,
26
health,
and
well
-
being
of
the
child.
27
(5)
The
facility
shall
complete
a
discharge
summary
written
within
28
seven
(7)
days
of
the
discharge
of
a
child,
which
shall
include:
29
(a)
The
date
and
reason
for
the
child's
discharge
from
the
facility;
30
(b)
The
physical,
emotional,
medical,
and
educational
needs
of
the
31
child;
and
32
(c)
Recommendations
for
treatment.
33
SECTION
4.
That
Chapter
12,
Title
39,
Idaho
Code,
be,
and
the
same
is
34
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
35
ignated
as
Section
39
-
1225,
Idaho
Code,
and
to
read
as
follows:
36
39
-
1225.
YOUTH
BILL
OF
RIGHTS
IN
LICENSED
CHILDREN'S
RESIDENTIAL
37
FACILITIES.
(1)
The
department
shall
develop,
publish,
and
periodically
38
update
a
youth
bill
of
rights
that
applies
to
all
children
residing
in
fa
-
39
cilities
licensed
by
the
department
pursuant
to
this
chapter
and
department
40
rules.
The
youth
bill
of
rights
shall
include,
at
a
minimum,
rights
related
41
to:
42
(a)
Physical
and
emotional
safety;
43
(b)
Access
to
medical
and
behavioral
health
care;
44
(c)
Communication
and
visitation
with
family,
legal
representatives,
45
and
advocates;
46
(d)
Privacy
and
confidentiality;
47
(e)
Participation
in
educational
and
recreational
activities;
48
(f)
Freedom
from
abuse,
neglect,
and
unreasonable
restraints;
49

4
(g)
Fair
grievance
and
complaint
processes
without
retaliation;
and
1
(h)
Reporting
of
concerns
or
violations
to
the
department.
2
(2)
The
youth
bill
of
rights
shall
clearly
be
explained,
in
plain
lan
-
3
guage
appropriate
for
the
child's
age
and
abilities,
how
to
contact
the
child
4
abuse
reporting
hotline,
including
the
phone
number,
website,
and
mailing
5
address.
6
(3)
Each
licensed
children's
residential
facility
shall:
7
(a)
Post
the
youth
bill
of
rights
in
a
prominent,
public
area
of
the
fa
-
8
cility
accessible
to
children
and
visitors;
9
(b)
Distribute
a
copy
of
the
youth
bill
of
rights
to
each
child
and
the
10
child's
parent
or
legal
guardian
at
the
time
of
admission
and
upon
re
-
1
1
quest
thereafter;
12
(c)
Interpret
and
explain
the
youth
bill
of
rights
to
the
child
and
fam
-
13
ily
in
age
-
appropriate
and
culturally
and
linguistically
appropriate
14
formats,
including
provision
of
interpretation
services
for
limited
-
15
English
-
proficient
and
disabled
persons
as
necessary;
16
(d)
Document
that
the
youth
bill
of
rights
has
been
provided
and
ex
-
17
plained,
including
the
date,
the
recipients'
names,
and
the
name
of
the
18
staff
member
who
conducted
the
explanation;
19
(e)
Ensure
that
children
are
provided
with
access
to
private
and
un
-
20
monitored
communication
with
the
child
abuse
reporting
hotline
upon
re
-
21
quest;
22
(f)
Document
compliance
with
mandated
requirements;
and
23
(g)
Adopt
processes
and
procedures
for
children
to
confidentially
con
-
24
tact
the
child
abuse
reporting
hotline
and
for
staff
to
assist
children
25
in
doing
so
when
requested.
26
(4)
The
department
shall
develop
enforcement
mechanisms
and
penalties
27
for
noncompliance
with
this
section,
including
consideration
as
a
licensing
28
violation.
29
(5)
No
child
or
family
member
may
be
retaliated
against
for
invoking
or
30
attempting
to
exercise
any
right
provided
in
the
youth
bill
of
rights
or
for
31
contacting
the
child
abuse
reporting
hotline.
Retaliation
shall
constitute
32
a
licensing
violation
subject
to
corrective
action
and
potential
sanctions
33
determined
by
the
department.
34
SECTION
5.
That
Chapter
12,
Title
39,
Idaho
Code,
be,
and
the
same
is
35
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
36
ignated
as
Section
39
-
1226,
Idaho
Code,
and
to
read
as
follows:
37
39
-
1226.
CRITICAL
INCIDENT
REPORTING
IN
LICENSED
CHILDREN'S
FACILI
-
38
TIES.
(1)
As
used
in
this
section,
"critical
incident"
means
any
event
that
39
threatens
or
significantly
impacts
the
physical
or
psychological
safety,
40
health,
rights,
or
well
-
being
of
a
child
in
a
licensed
children's
residen
-
41
tial
care
facility,
including
but
not
limited
to:
42
(a)
The
death
of
a
child;
43
(b)
A
suicide
attempt
or
serious
self
-
harm;
44
(c)
Use
of
physical
restraint,
seclusion,
or
any
emergency
safety
in
-
45
tervention;
46
(d)
Denial
or
unreasonable
delay
of
requested
or
necessary
medical
47
care;
48

5
(e)
Admission
to,
or
transport
to
or
from,
a
hospital
or
emergency
medi
-
1
cal
facility;
2
(f)
Any
allegation
or
incident
of
physical,
sexual,
or
emotional
abuse
3
or
harm;
4
(g)
Any
child
detained,
charged,
or
arrested
by
law
enforcement
or
a
5
regulatory
agency;
6
(h)
Any
unauthorized
absence,
runaway,
or
attempted
elopement;
7
(i)
Any
fire,
evacuation,
or
environmental
hazard
on
site;
8
(j)
Any
condition
of
the
facility
that
poses
an
immediate
threat
to
9
health
or
safety;
and
10
(k)
Any
other
incident
designated
by
the
department
by
rule.
1
1
(2)
Each
licensed
children's
residential
facility
shall:
12
(a)
Notify
the
department
by
close
of
the
next
business
day
of
any
crit
-
13
ical
incident
using
the
department
-
approved
reporting
process;
14
(b)
Notify
the
child's
parent,
legal
guardian,
or
placing
agency
of
the
15
incident
by
close
of
the
next
business
day,
unless
prohibited
by
court
16
order
or
safety
concerns
documented
by
the
agency;
and
17
(c)
Maintain
an
internal
critical
incident
log
and
supporting
documen
-
18
tation,
including
incident
reports,
staff
notes,
and
any
follow
-
up
or
19
investigation
records,
which
shall
be
made
available
for
review
during
20
inspections.
21
(3)
All
reports
and
logs
must
protect
personally
identifiable
infor
-
22
mation
and
comply
with
applicable
state
and
federal
confidentiality
laws,
23
including
the
health
insurance
portability
and
accountability
act
and
the
24
family
educational
rights
and
privacy
act,
as
applicable.
The
department
25
shall:
26
(a)
Maintain
and
safeguard
content
of
critical
incident
reports;
27
(b)
Follow
best
practices
for
emergency
safety
interventions;
28
(c)
Conduct
reviews,
follow
-
up,
and
data
analysis
of
reported
inci
-
29
dents;
and
30
(d)
Publicize
the
results
with
any
substantiated
findings
and
enforce
-
31
ment
actions.
32
(4)
This
section
shall
not
be
construed
to
alter
any
reporting
require
-
33
ments
pursuant
to
section
16
-
1605,
Idaho
Code.
34
SECTION
6.
An
emergency
existing
therefor,
which
emergency
is
hereby
35
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
36
July
1,
2026.
37