A. Standards And Qualifications Met: No license governed by this chapter shall be issued unless and until the Licensing Officer determines that all applicable license standards and qualifications contained herein are met, and that the applicant does not possess any disqualifications.
B. Maintenance; Suspension, Revocation: Every licensee shall continue to have and maintain all of the qualifications and none of the disqualifications provided in this chapter throughout the license period or, in addition to the criminal penalties prescribed therefor, the Licensing Officer shall suspend or revoke all licenses issued pursuant to this chapter that are held by the licensee. The procedures for suspension and revocation, including the right of appeal are as set forth in section 3-6-22 of this chapter and chapter 1, article A of this title.
C. Childcare Facility License Requirement:
1. Valid License Possessed And Maintained: No person owning or operating a childcare facility shall employ or otherwise utilize any person as a childcare worker, juvenile childcare worker or volunteer unless such person possesses a valid license as provided in this chapter. Unless exempted by this chapter, every person on the applicant's staff who has direct contact with any child or children at the childcare facility shall possess and maintain a valid license of the type required by this chapter.
2. Childcare Facility Staffing Requirements:
a. At least one licensed adult childcare worker (18 years of age or older) must be present at all times when a child or children are present.
b. The Director must be eighteen (18) years of age or older.
c. At all times a childcare facility is open or operating, the owner shall ensure a designated responsible person or chief agent is present at the childcare facility.
d. The person designated as the responsible person or chief agent shall be a licensed childcare worker.
e. The person designated as the responsible person or chief agent shall be responsible for all children and all conditions at the childcare facility.
f. Every juvenile childcare worker and volunteer shall be under the direct supervision of a licensed childcare worker. No childcare facility owner or childcare worker shall leave an unsupervised juvenile childcare worker or volunteer in charge of one or more children.
g. Every visitor shall be under the direct supervision of a licensed childcare worker while visiting a childcare facility. No owner or childcare worker shall leave an unattended visitor in the presence of children, unrelated to the visitor, who are under the care or supervision of the childcare facility.
h. Every childcare worker who is caring for one or more children shall be within sight or hearing of all such children at all times, including nap time, and shall be capable of immediately assisting a child in an emergency.
i. Only childcare workers (including those under temporary license status) and juvenile childcare workers who are primarily engaged in caring for the children shall be counted in calculating the child/worker point system. The number of childcare workers (including those under temporary license status) and juvenile childcare workers who are supervising or caring for children shall be sufficient to comply with the child/worker point system required by this chapter. Volunteers shall not be counted in calculating the child/worker point system.
D. Childcare Worker Staffing Requirements:
1. Child/Worker Point System: The maximum allowable child/worker ratio shall not exceed twelve (12) points. The number of points shall be determined by using the following point system:
a. Each child in attendance in a group who is under the age of twenty four (24) months: 2.4 points;
b. Each child in attendance in a group who is twenty four (24) months or older, but under thirty six (36) months of age: Two (2) points;
c. Each child in attendance in a group who is thirty six (36) months or older, but under five (5) years of age: 1.2 points;
d. Each child in attendance in a group who is five (5) years of age or older, but under thirteen (13) years of age: One point.
NUMBER OF CHILDREN ALLOWED
Number Of Staff Required | Maximum Children | |||
Less Than 2 Years | 2 Years | 3 - 4 Years | 5 - 12 Years | |
1 | 5 | 6 | 10 | 12 |
2 | 10 | 12 | 20 | 24 |
3 | 15 | 18 | 30 | 36 |
2. More Restrictive Regulations: If the child/worker point system contained in the Idaho Statutes and regulations is more restrictive than this chapter, the point system contained in the Idaho Statutes and regulations shall control.
3. Counting: Each and every child present or in attendance on the premises (both indoor and outdoor) of a childcare facility shall be counted to establish the maximum allowable points for determining compliance with the child/worker point system set forth in this chapter.
4. Exemption For Accredited Montessori Schools:
a. A Montessori school accredited by one or more of the accrediting organizations named herein shall not be required to comply with the child/worker point system set forth in this chapter.
b. The authorized accrediting organizations include:
(1) Association Montessori Internationale (AMI);
(2) American Montessori Society (AMS);
(3) International Montessori Council; and
(4) Montessori School Accreditation Commission (MSAC).
c. To qualify for and receive this exemption from the child/worker point system, a Montessori school shall provide a copy of the certificate of recognition or accreditation issued by the accrediting organization to the City Clerk.
d. An accredited Montessori school's exemption from the child/worker point system does not exempt that Montessori school from any of the other requirements of this chapter.
e. Failure to maintain authorized accreditation shall immediately revoke such Montessori school's exemption from the point system required pursuant to this chapter. Proof of current and valid accreditation from an authorized accrediting organization must be provided upon request by the City Clerk. (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)