A. Criminal History And Background Checks:
1. Each applicant seeking licensure for a childcare facility must require that the following individuals complete and successfully pass a criminal history and background check by the Clerk's Office as set forth in this chapter and chapter 1, article A of this title for every:
a. Owner, officer, childcare worker, juvenile childcare worker and volunteer;
b. Childcare facility resident; and
c. All other individuals thirteen (13) years of age or older who:
(1) Are regularly on the premises; or
(2) Would have a right of access based upon marriage, familial or intimate relationship; or
(3) Have right of access based upon their status as an owner or officer during hours of operation.
2. The applicant, or if the applicant is a business association and not an individual, the applicant's officers, chief agents and any childcare facility residents, if any:
a. May not have had a childcare facility license, childcare worker license or other similar permit or license revoked or suspended by the City, or any other state or local agency, within the five (5) years preceding the date of application;
b. Shall not have any outstanding warrants in the State or any other jurisdiction;
c. Shall not have pleaded guilty to, been convicted of (regardless of the form of judgment) or received a withheld judgment within the five (5) years preceding the date of application of any crime in this State, of any Federal crimes or any other crimes in another jurisdiction which, under the laws of the State, would be a felony.
d. Shall not have pleaded guilty to, been convicted of, regardless of the form of judgment, or received a withheld judgment within the five (5) years preceding the date of application of any crime set forth in Idaho Code section 39-1113(3) and Idaho Administrative Procedures Act 16.05.06.210.02 and as may be amended from time to time.
e. Is currently listed in any state or Federal child abuse or neglect registry or database.
3. No person who pleads guilty to, has been found guilty of, or has received a withheld judgment for any offense involving neglect or any physical injury to, or other abuse of a child, including the offenses set forth in Idaho Code section 39-1113(2) and Idaho Administrative Procedures Act 16.05.06.210.02, as each may be amended from time to time, or a similar provision in another jurisdiction, shall be eligible for a license under the provisions of this chapter, including, but not limited to:
a. Aggravated assault, Idaho Code section 18-905;
b. Aggravated battery, Idaho Code section 18-907(1);
c. Attempted strangulation, Idaho Code section 18-923; and
d. Misdemeanor injury to a child, Idaho Code section 18-1501(2).
4. The applicant, or if the applicant is a business association and not an individual, the applicant's officers, chief agents and any childcare facility residents:
a. Shall not be a registered sex offender or be a person who has failed to register as a sex offender in the State, or any other state as required by law.
b. Shall not have ever been diagnosed by a licensed counselor, psychologist, psychiatrist or court appointed examiner as a pedophile.
c. Shall not have pleaded guilty to, been found guilty of or received a withheld judgment within one year preceding the date of application of any crime involving the use of alcohol, or the sale, possession or use of drugs, to include the use or possession of drug paraphernalia.
d. Shall immediately report to the City Clerk all misdemeanor and felony criminal convictions or withheld judgments committed after a license application has been submitted or a license granted, which shall mean no more than two (2) business days.
B. Childcare Facilities Operation Standards And Childcare Worker Duties:
1. Every childcare worker shall be constantly aware of the name, number and special needs of every child under his or her supervision.
2. Every childcare worker employed under a temporary license status, juvenile childcare worker and volunteer shall be under the direct supervision of a licensed childcare worker while in direct contact with any child.
3. It is the duty of every childcare worker and facility owner or manager to ensure a designated responsible person or chief agent is present at the childcare facility at which the childcare worker is working during hours of operation.
4. Childcare workers who are primarily engaged in caring for children must be within sight or hearing of the children who are inside and outside the childcare facility at all times, including nap time, and must be available and able to immediately assist a child in an emergency. (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)