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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1419
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IDAHO
CHILD
CARE
PROGRAM;
AMENDING
TITLE
56,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
CHAPTER
25,
TITLE
56,
IDAHO
CODE,
TO
DEFINE
TERMS,
3
TO
PROVIDE
FOR
THE
CREATION
OF
THE
IDAHO
CHILD
CARE
PROGRAM,
TO
ESTAB
-
4
LISH
PROVISIONS
REGARDING
PARENT
QUALIFYING
ACTIVITIES,
TO
ESTABLISH
5
PROVISIONS
REGARDING
APPLICATION,
ELIGIBILITY,
AND
REDETERMINATION,
6
TO
PROVIDE
AUTHORITY
TO
CREATE
A
WAITING
LIST
AND
ADJUST
ELIGIBILITY,
TO
7
ESTABLISH
PROVISIONS
REGARDING
REQUIREMENTS
FOR
PROVIDERS,
TO
ESTAB
-
8
LISH
PROVISIONS
REGARDING
PROGRAM
INTEGRITY,
TO
ESTABLISH
PROVISIONS
9
REGARDING
PROGRAM
OVERSIGHT,
TO
ESTABLISH
PROVISIONS
REGARDING
CON
-
10
STRUCTION,
TO
ESTABLISH
PROVISIONS
REGARDING
AUTHORITY
OF
THE
ATTORNEY
1
1
GENERAL,
TO
ESTABLISH
PROVISIONS
REGARDING
THE
STATE
PLAN
AND
LEGISLA
-
12
TIVE
APPROVAL
REQUIREMENTS,
TO
PROVIDE
THAT
THE
DEPARTMENT
SHALL
ISSUE
13
A
REQUEST
FOR
INFORMATION,
TO
ESTABLISH
PROVISIONS
REGARDING
ADMIN
-
14
ISTRATIVE
RULES,
AND
TO
ESTABLISH
PROVISIONS
REGARDING
USE
OF
FUNDS
15
FOR
CAPACITY
BUILDING;
AMENDING
SECTION
39
-
1111,
IDAHO
CODE,
TO
REVISE
16
PROVISIONS
REGARDING
ADMINISTRATIVE
RULES;
PROVIDING
THAT
CERTAIN
AD
-
17
MINISTRATIVE
RULES
CONTAINED
IN
IDAPA
16.06.12
SHALL
BE
NULL,
VOID,
AND
18
OF
NO
FORCE
AND
EFFECT;
PROVIDING
A
SUNSET
DATE;
AND
DECLARING
AN
EMER
-
19
GENCY.
20
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
21
SECTION
1.
That
Title
56,
Idaho
Code,
be,
and
the
same
is
hereby
amended
22
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
23
ter
25,
Title
56,
Idaho
Code,
and
to
read
as
follows:
24
CHAPTER
25
25
IDAHO
CHILD
CARE
PROGRAM
26
56
-
2501.
DEFINITIONS.
As
used
in
this
chapter:
27
(1)
"Child
care"
means
care,
control,
supervision,
or
maintenance
of
a
28
child
provided
for
compensation
by
an
individual,
other
than
a
parent
of
the
29
child,
for
less
than
twenty
-
four
(24)
hours
in
a
day.
30
(2)
"Department"
means
the
Idaho
department
of
health
and
welfare.
31
(3)
"Eligible
child"
means
a
child
under
thirteen
(13)
years
of
age
who
32
is
either
a
citizen
of
or
lawfully
living
in
the
United
States.
However,
a
33
child
who
is
thirteen
(13)
years
of
age
or
older
remains
eligible
if
the
child
34
is
under
court
supervision
or
is
verified
by
either
a
mental
health
profes
-
35
sional
or
licensed
medical
professional
to
be
physically
or
mentally
unable
36
to
care
for
himself.
37
(4)
"FPG"
means
the
federal
poverty
guidelines
published
annually
by
38
the
United
States
department
of
health
and
human
services.
39
(5)
"Intentional
program
violation"
means
an
intentionally
false
or
40
misleading
action
or
statement
that
is
one
(1)
of
the
following:
41
2
(a)
An
individual
makes
a
false
or
misleading
statement
to
the
depart
-
1
ment,
either
orally
or
in
writing,
in
order
to
participate
in
the
pro
-
2
gram;
3
(b)
An
individual
misrepresents
or
conceals
one
(1)
or
more
facts
to
the
4
department,
either
orally
or
in
writing,
to
participate
in
the
program;
5
(c)
An
individual
fails
repeatedly
or
substantially
to
comply
with
rel
-
6
evant
state
or
federal
laws
or
rules
promulgated
under
this
chapter;
7
(d)
An
individual
knowingly
violates
any
term
of
the
individual's
8
provider
agreement;
or
9
(e)
A
provider
knowingly
fails
to
meet
the
qualifications
specifically
10
required
in
relevant
federal
law,
in
this
chapter,
in
chapter
11,
title
1
1
39,
Idaho
Code,
or
the
rules
promulgated
under
any
of
the
forgoing
laws.
12
(6)
"Parent"
means
a
person
responsible
for
a
child
because
of
birth,
13
adoption,
marriage,
legal
guardianship,
or
foster
care.
14
(7)
"Program"
means
the
Idaho
child
care
program.
15
(8)
"Provider"
means
an
individual,
organization,
agency,
or
other
en
-
16
tity
providing
child
care.
17
(9)
"SMI"
means
the
current
state
median
income
estimates
determined
18
for
the
low
income
home
energy
assistance
program.
19
56
-
2502.
CREATION
OF
PROGRAM.
There
is
hereby
created
in
the
depart
-
20
ment
the
Idaho
child
care
program,
which,
subject
to
legislative
appro
-
21
priation,
shall
use
federal
child
care
funds
distributed
to
the
states,
as
22
well
as
any
related
state
matching
funds
and
maintenance
-
of
-
effort
funds,
23
to
improve
the
quality
of
child
care
in
Idaho
for
all
children
and
assist
24
low
-
income
families
in
Idaho
who
are
working
or
participating
in
education
25
or
training
activities
with
help
paying
for
child
care,
to
promote
parental
26
choice
to
empower
working
parents
to
make
decisions
regarding
the
child
care
27
services
that
best
suit
the
needs
of
individual
families,
and
to
maximize
28
options
available
to
parents.
The
department
shall
administer
the
program
29
in
a
manner
consistent
with
this
chapter
and
with
all
applicable
federal
30
requirements.
31
56
-
2503.
PARENT
QUALIFYING
ACTIVITIES.
(1)
Parents
in
a
child's
32
household
must
participate
in
qualifying
activities
as
provided
in
this
sub
-
33
section
to
be
eligible
for
assistance
under
this
chapter:
34
(a)
For
a
two
(2)
parent
household:
35
(i)
At
least
one
(1)
parent
is
employed
or
self
-
employed
no
less
36
than
an
average
of
thirty
(30)
hours
per
week
per
month;
and
37
(ii)
The
other
parent
is
either:
38
1.
Employed
no
less
than
an
average
of
twenty
(20)
hours
per
39
week
per
month;
or
40
2.
Enrolled
and
participating
in
a
recognized
or
accredited
41
school,
training
program,
or
institution
of
higher
educa
-
42
tion
for
a
minimum
of
twenty
(20)
hours
each
week,
as
deter
-
43
mined
by
the
department;
or
44
(b)
For
a
one
(1)
parent
household,
which
shall
include
a
household
45
where
the
parent
is
under
eighteen
(18)
years
of
age
and
is
not
the
head
46
of
the
household:
47
3
(i)
The
parent
is
employed
or
self
-
employed
no
less
than
an
aver
-
1
age
of
thirty
(30)
hours
per
week
per
month;
or
2
(ii)
The
parent
is
enrolled
and
participating
in
a
recognized
or
3
accredited
school,
training
program,
or
institution
of
higher
ed
-
4
ucation
for
a
minimum
of
twenty
(20)
hours
each
week,
as
determined
5
by
the
department.
6
(2)
In
a
two
(2)
parent
household,
an
incapacitated
parent
is
not
re
-
7
quired
to
participate
in
a
qualifying
activity
pursuant
to
subsection
(1)
of
8
this
section
if
the
other
parent
participates
in
a
qualifying
activity.
An
9
incapacitated
parent
in
a
one
(1)
parent
household
is
not
eligible
for
the
10
program.
As
used
in
this
subsection,
"incapacitated
parent"
means
a
parent
1
1
who
is
determined
by
a
physician,
physician
assistant,
nurse
practitioner,
12
or
clinical
nurse
specialist
licensed
under
the
laws
of
this
state
to
be
un
-
13
fit,
incapable,
or
significantly
limited
in
the
ability
to
provide
adequate
14
care
for
the
child
or
ward.
A
parent's
disability
diagnosis
alone
does
not
15
qualify
a
parent
as
incapacitated
without
the
licensed
provider
making
the
16
findings
required
by
this
subsection.
17
(3)
The
following
restrictions
shall
apply
to
training
or
education
ac
-
18
tivities:
19
(a)
Online
classes
shall
not
be
counted
as
a
qualifying
activity
under
20
this
chapter;
21
(b)
Persons
who
are
attending
postbaccalaureate
classes
with
no
other
22
qualifying
activity
shall
not
qualify
for
assistance
under
this
chap
-
23
ter;
and
24
(c)
No
more
than
forty
-
eight
(48)
months
of
postsecondary
education
25
shall
count
as
a
qualifying
activity.
26
56
-
2504.
APPLICATION
-
-
ELIGIBILITY
-
-
REDETERMINATION.
(1)
A
family
27
who
resides
in
the
state
of
Idaho
with
no
immediate
intention
of
leaving
the
28
state
may
apply
to
be
considered
for
assistance
under
this
chapter
for
an
el
-
29
igible
child.
30
(2)
An
applicant's
family
assets
cannot
exceed
five
hundred
thousand
31
dollars
($500,000),
as
certified
by
the
applicant.
32
(3)
When
applying,
a
family's
income
cannot
exceed
one
hundred
thirty
-
33
five
percent
(135%)
of
FPG
for
a
family
of
the
same
size.
34
(4)
During
the
eligibility
period,
a
family's
income
cannot
exceed
35
eighty
-
five
percent
(85%)
of
the
SMI
for
a
family
of
the
same
size.
36
(5)
At
least
every
twelve
(12)
months,
the
department
shall
redeter
-
37
mine
eligibility
for
assistance
under
this
chapter.
At
redetermination,
if
38
a
family's
income
exceeds
one
hundred
thirty
-
five
percent
(135%)
but
is
less
39
than
one
hundred
seventy
percent
(170%)
of
FPG
for
a
family
of
the
same
size,
40
the
family
may
be
eligible
to
receive
a
graduated
phaseout
of
child
care
as
-
41
sistance
that
is
limited
to
up
to
twelve
(12)
months
of
assistance
following
42
the
completion
of
redetermination.
43
56
-
2505.
AUTHORITY
TO
CREATE
A
WAITING
LIST
AND
ADJUST
ELIGIBIL
-
44
ITY.
(1)
As
necessary
to
administer
the
program,
the
department
may
estab
-
45
lish
a
waiting
list
for
the
program.
If
the
department
establishes
a
waiting
46
list,
the
department
shall
give
priority
to
the
following
categories:
47
(a)
Families
who
are
homeless;
48
4
(b)
Families
caring
for
a
child
with
a
disability;
1
(c)
Foster
families;
2
(d)
Families
receiving
temporary
assistance
for
needy
families
from
3
the
department;
4
(e)
Families
receiving
any
child
welfare
preventative
services
from
5
the
department
designed
to
reduce
or
eliminate
the
need
for
out
-
of
-
home
6
placement
of
a
child
by
the
department;
and
7
(f)
Households
where
at
least
one
(1)
parent
is
nineteen
(19)
years
of
8
age
or
younger.
9
56
-
2506.
REQUIREMENTS
FOR
PROVIDERS.
(1)
Providers
who
receive
assis
-
10
tance
on
behalf
of
eligible
children
under
this
chapter
shall
enter
into
and
1
1
abide
by
the
terms
of
a
provider
agreement
with
the
department
and
shall
gen
-
12
erate
documentation
at
the
time
of
service
sufficient
to
support
the
reim
-
13
bursement
for
child
care
services.
Providers
are
required
to
keep
the
fol
-
14
lowing
child
care
records:
15
(a)
Proof
of
enrollment
for
each
eligible
child,
with
authentication
of
16
a
parent;
17
(b)
Proof
of
attendance
each
day
with
authentication
of
a
parent,
18
guardian,
or
preapproved
designee
dropping
off
and
retrieving
each
19
child;
20
(c)
Billing
and
receipts;
21
(d)
Policies
or
manuals
developed
by
the
provider
governing
procedures
22
for
billing,
attendance,
attendance
and
enrollment
tracking
and
veri
-
23
fication,
copayment
collection,
and
operating
hours;
24
(e)
All
rates,
fees,
and
costs
of
any
kind
charged
by
the
provider;
and
25
(f)
Any
other
related
records
required
by
the
department
for
adminis
-
26
tration
of
the
program.
27
(2)
The
department
shall
be
permitted
access
at
any
time
of
business
op
-
28
erations
to
the
child
care
facilities
of
a
provider
who
is
receiving
assis
-
29
tance
on
behalf
of
an
eligible
child
and
to
monitor
and
inspect
the
facility.
30
The
department
shall
be
permitted
to
access,
inspect,
review,
copy,
or
re
-
31
move
any
child
care
records
required
by
this
chapter.
A
provider
shall
im
-
32
mediately
produce
records
or
provide
access
upon
request
by
the
department.
33
Records
required
by
this
section
shall
be
kept
available
by
the
child
care
34
facility
at
all
times
for
a
minimum
of
three
(3)
years.
35
(3)
Any
business
entity
or
individual
providing
child
care
who
is
re
-
36
ceiving
assistance
on
behalf
of
an
eligible
child
under
this
chapter
shall
be
37
registered
as
a
business
entity
with
the
Idaho
secretary
of
state.
38
(4)
A
provider
shall
receive
payment
for
assistance
on
behalf
of
an
eli
-
39
gible
child
only
after
substantiating
child
care
attendance
and
documenting
40
legitimate
services
provided
in
a
manner
and
on
a
cadence
prescribed
by
the
41
department.
42
(5)
A
provider
is
prohibited
from
paying,
directly
or
indirectly
or
43
overtly
or
covertly,
for
an
eligible
child
to
attend
the
provider's
child
44
care
facility.
45
(6)
Providers
are
responsible
for
ensuring
families
pay
the
determined
46
child
care
costs
and
may
not
waive
these
costs.
47
(7)
Providers
receiving
assistance
on
behalf
of
an
eligible
child
shall
48
not
be
considered
employees
of
the
department
and
shall
not
hold
themselves
49
5
out
as
employees
of
the
department
by
virtue
of
their
participation
in
the
1
program.
2
(8)
If
a
provider
is
an
individual,
the
provider
must
be
either
a
citi
-
3
zen
of
or
lawfully
living
in
the
United
States.
If
the
provider
is
a
business
4
entity,
the
provider
must
not
knowingly
hire
or
employ
an
employee
who
is
not
5
either
a
citizen
of
or
lawfully
living
in
the
United
States.
6
(9)
A
provider
who
is
receiving
assistance
on
behalf
of
an
eligible
7
child
under
this
chapter
shall
develop
policies,
procedures,
and
controls
8
to
govern
fiscal
responsibility.
A
provider
operating
a
daycare
center,
as
9
defined
in
39
-
1102,
Idaho
Code,
shall:
10
(a)
In
the
case
of
a
nonprofit
provider,
cause
an
annual
financial
audit
1
1
to
be
conducted;
or
12
(b)
In
the
case
of
a
for
-
profit
provider,
adhere
to
generally
accepted
13
accounting
principles
and
maintain
financial
statements
and
documenta
-
14
tion
of
business
-
related
expenses.
15
56
-
2507.
PROGRAM
INTEGRITY.
(1)
When
the
department
has
reasonable
16
suspicion
to
believe
that
a
provider
seeks
payment
on
behalf
of
an
eligible
17
child
in
a
manner
contrary
to
state
or
federal
law,
the
department
is
autho
-
18
rized
to
immediately
suspend
payment
and
conduct
an
investigation.
Reasons
19
to
suspend
payment
include
but
are
not
limited
to:
20
(a)
Any
claims
for
child
care
services
for
which
the
department
has
a
21
reasonable
suspicion
were
not
provided;
22
(b)
Child
care
services
not
documented
by
the
provider
as
required
by
23
law
or
the
provider
agreement;
24
(c)
Child
care
services
provided
contrary
to
state
or
federal
law
or
the
25
provider
agreement;
26
(d)
Failure
to
maintain
records
or
provide
immediate
access
to
records
27
as
required
by
law;
28
(e)
The
department
believes
a
provider
is
paying
for
an
eligible
child
29
to
attend
the
provider's
child
care
facility
in
violation
of
law
or
the
30
provider
agreement;
or
31
(f)
The
department
has
determined
that
an
intentional
program
viola
-
32
tion
has
occurred
and
has
provided
notice
of
this
determination.
33
(2)
If
the
department
determines
that
an
intentional
program
violation
34
has
occurred,
the
department
shall
send
written
notice
of
the
determination
35
to
the
family
or
provider
stating
the
reasons
for
the
determination.
The
36
decision
of
the
department
may
be
appealed
to
the
office
of
administrative
37
hearings
within
twenty
-
eight
(28)
days
of
the
date
of
the
issuance
of
the
no
-
38
tice
to
the
family
or
provider.
The
department
may
continue
any
suspension
39
of
payment
for
the
duration
of
the
administrative
appeal.
40
(a)
The
office
of
administrative
hearings
shall,
within
twenty
-
eight
41
(28)
days
of
receipt
of
the
appeal,
review
the
full
record
regarding
the
42
department's
decision
and
hold
a
hearing.
After
the
hearing,
the
ad
-
43
ministrative
law
judge
shall
submit
a
written
recommendation
to
the
de
-
44
partment
and
the
family
or
provider.
The
recommendation
by
the
adminis
-
45
trative
law
judge
either
to
affirm
or
reverse
the
department's
decision
46
shall
be
based
on
the
full
record
of
the
department's
decision
and
rel
-
47
evant
state
and
federal
law.
The
recommendation
by
the
administrative
48
law
judge
shall
be
in
writing
and
accompanied
by
a
reasoned
opinion.
49
6
(b)
Within
twenty
-
eight
(28)
days
following
the
issuance
of
the
hear
-
1
ing
officer's
written
recommendation,
the
department
shall
either
af
-
2
firm
or
reverse
its
initial
decision.
3
(c)
If,
upon
reconsideration
of
its
initial
decision,
the
department:
4
(i)
Affirms
its
initial
decision,
the
family
or
provider
may
ap
-
5
peal
pursuant
to
chapter
52,
title
67,
Idaho
Code;
or
6
(ii)
Reverses
its
initial
decision,
then
there
shall
be
no
fur
-
7
ther
appeal
and
payments
shall
resume,
including
back
payments.
8
(3)
An
intentional
program
violation
is
established
when
a
family
or
9
provider
admits
the
violation
in
writing
and
waives
any
right
to
a
hearing
10
or
appeal
pursuant
to
this
section
or
when
determined
by
the
department
pur
-
1
1
suant
to
this
section.
The
consequences
the
department
may
impose
for
fraud
12
or
any
established
intentional
program
violations
are
as
follows:
13
(a)
Any
family
or
provider
who
is
established
to
have
committed
an
in
-
14
tentional
program
violation
shall
be
ineligible
for
the
program
for
no
15
less
than
one
(1)
year
but
up
to
a
period
of
three
(3)
years,
as
deter
-
16
mined
by
the
department.
17
(b)
Any
family
or
provider
who
is
established
to
have
committed
a
second
18
intentional
program
violation
shall
be
ineligible
for
the
program
for
a
19
period
of
no
less
than
two
(2)
years
but
up
to
a
period
of
five
(5)
years,
20
as
determined
by
the
department.
21
(c)
Any
family
or
provider
who
is
established
to
have
committed
a
third
22
or
subsequent
intentional
program
violation
shall
be
permanently
inel
-
23
igible
for
the
program.
24
(4)
When
the
department
establishes
an
intentional
program
violation,
25
it
shall
verify
that
any
other
benefits
an
individual
receives
pursuant
to
26
this
title
strictly
conform
with
state
and
federal
law.
27
(5)
For
a
first
violation
of
the
provisions
of
this
subsection,
the
28
department
may
exercise
the
authority
granted
pursuant
to
section
56
-
209h,
29
Idaho
Code,
to
terminate
a
provider
agreement
or
otherwise
deny
provider
30
status
for
up
to
five
(5)
years.
Any
termination
for
a
second
or
subsequent
31
violation
shall
be
for
a
minimum
period
of
five
(5)
years
up
to
permanent
32
ineligibility
for
the
program,
in
the
discretion
of
the
department.
The
33
department
may
terminate
provider
status
for
any
provider
who:
34
(a)
Submits
a
claim
with
knowledge
the
claim
is
incorrect;
35
(b)
Submits
a
fraudulent
claim;
36
(c)
Knowingly
makes
a
false
statement
or
representation
of
material
37
facts
in
any
document
required
to
be
maintained
or
submitted
to
the
de
-
38
partment;
39
(d)
Fails
repeatedly
or
substantially
to
comply
with
relevant
federal
40
law,
this
chapter,
or
any
rules
promulgated
under
this
chapter;
41
(e)
Knowingly
violates
any
material
term
or
condition
of
the
provider
42
agreement;
43
(f)
Has
failed
to
repay,
or
was
a
managing
entity
or
had
an
ownership
44
or
control
interest
in
any
entity
that
has
failed
to
repay,
any
overpay
-
45
ments
or
claims
previously
found
to
have
been
obtained
contrary
to
rel
-
46
evant
federal
law,
this
chapter
or
the
rules
promulgated
thereunder,
or
47
the
provider
agreement;
48
(g)
Has
been
found,
or
was
a
managing
employee
in
any
entity
that
has
49
been
found,
to
have
engaged
in
fraudulent
conduct
or
abusive
conduct;
50
7
(h)
Fails
to
meet
the
qualifications
specifically
required
in
relevant
1
state
or
federal
law,
including
chapter
11,
title
39,
Idaho
Code,
for
2
providers
licensed
pursuant
to
that
chapter;
or
3
(i)
Knowingly
hires
or
employs
an
employee
who
is
not
either
a
citizen
4
of
or
lawfully
living
in
the
United
States,
if
the
provider
is
a
business
5
entity.
6
(6)
The
department
may
refuse
to
enter
into
a
provider
agreement
when:
7
(a)
The
provider
has
been
convicted
of
a
felony
offense;
8
(b)
The
provider
has
failed
to
repay
the
department
moneys
that
had
been
9
previously
determined
to
have
been
owed
to
the
department;
10
(c)
The
provider
has
a
pending
investigation
for
program
fraud
or
1
1
abuse;
12
(d)
The
provider
was
the
managing
employee,
officer,
or
owner
of
an
en
-
13
tity
whose
provider
agreement
was
terminated
pursuant
to
subsection
(5)
14
of
this
section;
or
15
(e)
The
provider
has
a
current
exclusion
from
participation
in
federal
16
programs
by
the
department
of
health
and
human
services
office
of
the
17
inspector
general
list
of
excluded
individuals
and
entities.
18
(7)
For
any
overpayment
to
a
provider
for
assistance
on
behalf
of
an
19
eligible
child,
the
department
is
authorized
to
recoup
or
recover
the
full
20
amount
of
overpayment.
Interest
shall
accrue
on
overpayments
at
the
statu
-
21
tory
rate
established
in
section
28
-
22
-
104,
Idaho
Code,
from
the
date
of
the
22
final
determination
of
overpayment;
provided,
however,
interest
shall
not
23
accrue
on
overpayments
made
due
to
department
error.
Any
overpayment
due
to
24
family
or
provider
error,
intentional
program
violation,
or
fraud
shall
be
25
recovered
in
full.
26
(8)
Department
authorities
provided
pursuant
to
this
section
shall
not
27
be
construed
to
limit
any
other
authorities
available
to
the
department
in
28
other
relevant
state
or
federal
law
to
prevent
or
respond
to
fraud,
waste,
or
29
abuse
and
ensure
program
integrity.
30
(9)
The
department
is
authorized
to
collaborate
with
local,
state,
and
31
federal
law
enforcement
to
ensure
providers
and
families
comply
with
state
32
and
federal
law
and
to
aid
in
the
prosecution
of
any
criminal
violations
of
33
the
law
arising
from
the
program.
34
(10)
The
department
may
promulgate
administrative
rules,
subject
to
35
legislative
approval,
to
prevent
fraud,
waste,
or
abuse
in
the
program
and
to
36
ensure
program
integrity.
37
(11)
The
department
shall
submit
a
report
to
the
legislature
by
November
38
1
of
each
year
containing
relevant
results
from
the
program
integrity
mea
-
39
sures
implemented
in
this
section.
The
first
report
in
compliance
with
this
40
subsection
shall
include
information
about
the
program
dating
back
to
2019
41
through
the
current
year
and
any
relevant
findings.
42
56
-
2508.
PROGRAM
OVERSIGHT.
The
department
shall,
for
the
purposes
43
of
carrying
out
the
provisions
of
section
56
-
2507,
Idaho
Code,
implement
44
a
fraud
detection
and
remediation
system
that
shall
assist
in
detecting,
45
preventing,
and
deterring
fraud,
waste,
and
abuse
in
the
Idaho
child
care
46
program.
47
8
56
-
2509.
CONSTRUCTION.
Nothing
in
this
chapter
shall
be
construed
to
1
create
a
right
or
entitlement
to
any
assistance
or
benefit
to
any
child,
par
-
2
ent,
family,
or
provider.
3
56
-
2510.
AUTHORITY
OF
THE
ATTORNEY
GENERAL.
The
department
shall
re
-
4
fer
criminal
violations
of
state
law
that
involve
or
are
directly
related
to
5
this
program
to
the
attorney
general.
When
the
department
refers
a
case
to
6
the
attorney
general,
he
is
authorized
to
exercise
concurrent
investigative
7
and
prosecutorial
authority
and
responsibility
with
county
prosecutors
to:
8
(1)
Prosecute
persons
for
the
violation
of
the
criminal
provisions
of
9
chapter
2,
title
56,
Idaho
Code,
that
involve
or
are
directly
related
to
this
10
program;
and
1
1
(2)
Prosecute
persons
for
criminal
offenses
that
are
not
defined
in
12
chapter
2,
title
56,
Idaho
Code,
but
that
involve
or
are
directly
related
to
13
this
program.
14
56
-
2511.
STATE
PLAN
-
-
LEGISLATIVE
APPROVAL
REQUIRED.
(1)
The
depart
-
15
ment
shall
not
seek
or
implement
a
state
plan
amendment
for
the
program
that
16
would
expand
benefits
to
any
additional
individuals
or
class
of
individuals
17
or
would
increase
any
net
cost
to
the
state
without
obtaining
approval
from
18
the
legislature.
Such
approval
must
be
provided
in
statute
and,
to
be
effec
-
19
tive,
must
be
listed
in
this
chapter.
20
(2)
The
department
shall
prepare
and
submit
to
the
legislature
by
21
November
1,
2026,
a
report
containing
a
proposed
state
plan
amendment
for
22
the
program
that
shall
be
consistent
with
the
provisions
of
this
chapter
23
and
federal
law.
If
approved
as
required
by
subsection
(1)
of
this
section,
24
the
department
shall
submit
the
state
plan
amendment
to
the
United
States
25
department
of
health
and
human
services.
26
56
-
2512.
REQUEST
FOR
INFORMATION.
The
department
shall
issue
a
formal
27
request
for
information
on
available
child
care
program
integrity
and
over
-
28
sight
tools
and
technology
and
associated
costs.
As
used
in
this
section,
29
program
integrity
and
oversight
includes
platforms
that
support
child
care
30
providers
through
training,
professional
development,
and
scholarships,
31
while
also
helping
families
find
child
care,
and
that
promote
program
in
-
32
tegrity.
The
department
shall
prepare
and
submit
a
summary
report
to
the
33
legislature
no
later
than
November
1,
2026,
on
available
options.
34
56
-
2513.
ADMINISTRATIVE
RULES.
The
department
shall
seek
to
move
all
35
necessary
rules
related
to
the
provisions
of
this
chapter
into
this
chapter
36
and
eliminate
any
existing
rules
that
are
duplicative
or
conflicting
with
37
the
provisions
of
this
chapter
by
July
1,
2027.
38
56
-
2514.
USE
OF
FUNDS
FOR
CAPACITY
BUILDING.
Any
appropriation
to
39
the
program
for
capacity
building
through
contracts,
grants,
or
subgrants
40
shall
prioritize
populations
as
outlined
in
section
4.5.4
of
the
Idaho
child
41
care
and
development
fund
plan
to
include
infants
and
toddlers,
children
in
42
underserved
geographic
areas,
children
with
disabilities,
children
who
re
-
43
ceive
care
during
non
-
traditional
hours,
and
school
-
aged
children
that
meet
44
one
(1)
or
more
of
the
preceding
criteria.
Capacity
building
funds
shall
45
9
also
be
prioritized
for
providers
serving
children
who
are
in
foster
care
1
or
who
are
homeless.
Qualifying
providers
may
be
licensed,
non
-
licensed,
2
or
license
-
exempt.
Any
provider
the
department
is
investigating
or
has
re
-
3
ferred
to
a
county
prosecutor,
to
the
office
of
the
attorney
general,
or
to
4
the
United
States
attorney's
office
for
prosecution
of
fraud
or
misuse
of
5
public
funds
shall
not
be
eligible
for
provider
capacity
building
funds.
6
SECTION
2.
That
Section
39
-
1111,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
39
-
1111.
RULES
AUTHORIZED.
In
order
to
implement
the
provisions
of
9
this
chapter,
the
department,
in
addition
to
other
duties
imposed
by
law,
10
is
hereby
authorized
and
directed
through
rulemaking
may
promulgate
rules,
1
1
subject
to
legislative
approval,
to
establish
procedures
necessary
to
im
-
12
plement
the
provisions
of
this
chapter
including
procedure
for
submission
13
of
required
certificates
as
provided
in
sections
39
-
1109
and
39
-
1110,
Idaho
14
Code,
and
to
conduct
the
criminal
history
check
provided
in
section
39
-
1105,
15
Idaho
Code.
The
rulemaking
authority
granted
in
this
section
shall
be
lim
-
16
ited
to
the
specific
standards
and
procedures
required
by
this
chapter.
The
17
department
shall
seek
to
move
all
necessary
rules
into
this
chapter
by
July
18
1,
2026
2027
.
19
SECTION
3.
The
rules
contained
in
IDAPA
16.06.12,
Department
of
Health
20
and
Welfare,
relating
to
Idaho
Child
Care
Program,
shall
be
null,
void,
and
21
of
no
force
and
effect
on
and
after
the
effective
date
of
this
act.
22
SECTION
4.
The
provisions
of
Section
1
of
this
act
shall
be
null,
void,
23
and
of
no
force
and
effect
on
and
after
July
1,
2028.
24
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
25
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
26
passage
and
approval.
27