For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
APPLICANT: | A person making application for a license or the renewal of a license to operate a childcare facility or to act as a childcare worker, juvenile childcare worker or volunteer. |
BABYSITTING: | The occasional or irregular care of a neighbor's, relative's or friend's child by a person not ordinarily in the business of providing childcare. Babysitting is temporary care of a child in the home or residence of the parent, guardian or a person with the duties and powers of a guardian of the child being cared for. |
CHIEF AGENT OR DESIGNATED RESPONSIBLE PERSON: | A person who has authority to act on behalf of or represent the owner of a childcare facility. These terms are used interchangeably throughout this chapter. |
CHILD: | Any person who is under thirteen (13) years of age who is being provided childcare. |
CHILD/WORKER POINT SYSTEM: | The methodology used to determine the number of licensed childcare workers required to provide childcare for a given number of children. |
CHILDCARE: | The care and supervision provided for compensation (to the childcare facility owner) during part of a twenty four (24) hour day, for a child under thirteen (13) years of age, not related by blood, marriage, adoption or legal guardianship to the person or persons providing the care, in a place other than the child's own home. |
CHILDCARE FACILITY: | Any home, business or other place where childcare is provided. There are the following types of childcare facilities: |
Commercial Childcare Center: | A childcare facility that provides childcare for more than twelve (12) children or uses a nonresidential building. |
Family Childcare Home: | A childcare facility that provides care for six (6) or fewer children in a building inhabited by one or more people who use the building as their home or residence. |
Group Childcare Home: | A childcare facility that provides care for seven (7) to twelve (12) children in a building inhabited by one or more people who use the building as their home or residence. |
Residential Childcare Center: | A childcare facility that provides care for seven (7) to twelve (12) children in a home or residential building in which no person resides. |
CHILDCARE FACILITY RESIDENT: | Any person thirteen (13) years of age or older who resides in any childcare facility. |
CHILDCARE WORKER: | Any person eighteen (18) years of age or older, employed by, or who otherwise works at, a childcare facility who has direct and regular contact with the children in such facility. |
CLINIC: | An outpatient health facility. |
DIRECT SUPERVISION: | Being physically present with immediate and direct line of sight to the person or object of supervision. |
ENHANCED CLEARANCE CHECK: | A search of confidential databases or registries (including statewide criminal identification bureau, state sex offender registry or repository, and state- based child abuse and neglect registry and database) in states or jurisdictions other than the State of Idaho in which the licensee or applicant resided during the five (5) years preceding his application or renewal of a license. |
ENROLLED: | Any child who has been placed within a childcare facility by agreement, contract or arrangement between the parents or guardians of the child and the childcare facility owner or authorized childcare worker shall be deemed "enrolled" in that facility. |
FLAME SOURCE UTILITY: | Any device that uses open flame combustion as a means of heating a space, surface or fluid. Common examples (noninclusive) are: wood, gas, coal, kerosene heaters, propane space heaters, gas water heaters or stoves, gas or kerosene furnaces, and wood or gas fireplaces. |
HEALTH AND SAFETY INSPECTOR: | A duly appointed health officer, deputy, member, or employee of the Central District Health Department of Public Health District IV within the state of Idaho. |
HEALTH FACILITY: | Any facility that is operated for the diagnosis, care, prevention and treatment of human illness or injury, including children's therapeutic outdoor programs, and any facilities providing treatment, therapy or rehabilitation for children required to be licensed by the State of Idaho under any sections of the Idaho Code, other than title 39, chapter 11. |
JUVENILE CHILDCARE WORKER: | Any person employed by a childcare facility who has direct contact with a child or children and is under the age of eighteen (18), but is thirteen (13) years of age or older. Every juvenile childcare worker shall be under the direct supervision of a licensed childcare worker. |
OFFICER: | Any person who holds a position of authority or trust in an organization or corporation that owns, possesses or operates any childcare facility, including, but not limited to, all partners, officers, directors, members or principal stockholders. |
OWNER: | A person who has, owns, possesses or operates a childcare facility. The person who is ultimately responsible for the management, supervision and operation of a childcare facility. |
PUBLIC RECREATION PROGRAM: | Any recreation program operated by the State, a county, a city, a special district, a college or a university, which operates less than twelve (12) weeks during a calendar year or not more often than once a week. |
TEMPORARY LICENSE STATUS: | Provisional permission that may be issued for no longer than sixty (60) calendar days to a childcare worker applicant upon fulfilling all licensing requirements except the check of the state-based child abuse and neglect registry and database, in accordance with federal code 45 CFR section 98.43. Every childcare worker employed under a temporary license status shall be under the direct supervision of a licensed childcare worker. |
VISITOR: | Any person who is a guest at a childcare facility on a random or infrequent basis to provide a prearranged performance, presentation or event, or to visit a child. Every visitor shall be under the direct supervision of a licensed childcare worker. A visitor shall not count in the child/worker ratio. |
VOLUNTEER: | Any person who periodically or intermittently provides a service to a childcare facility without pay or remuneration of any kind. Every volunteer shall be under the direct supervision of a licensed childcare worker while volunteering at a childcare facility. (Ord. 36-14, 9-30-2014; amd. Ord. 29-17, 9-19-2017; 2019 Code; Ord. 60-21, 12-14-2021, eff. 3-1-2022; Ord. 18-23, 5-23-2023) |