Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.06.02 - CHILD CARE AND FOSTER CARE LICENSING
LICENSING
Section 16.06.02.102 - DISPOSITION OF APPLICATIONS

Universal Citation: ID Admin Code 16.06.02.102

Current through August 31, 2023

The Department will initiate action on each completed application within thirty (30) days after receipt that addresses each requirement for the specific type of home or facility. Upon receipt of a completed application and study, the Department will review the materials for compliance with these rules. (3-28-23)

01. Approval of Application. A license will be issued to any daycare center, group daycare facility, family daycare home voluntarily licensed by the Department, or foster home found in compliance with these rules. The license is issued under the terms specified in the licensing study and will be mailed to the applicant. (3-28-23)

02. Regular License. A regular license will be issued to any daycare center, group daycare facility, family daycare home voluntarily licensed by the Department, or foster home found in compliance with these rules and will specify the terms of licensure, such as: (3-28-23)

a. Full time or daycare; (3-28-23)

b. The number of children who may receive care at any one (1) time; and (3-28-23)

c. Age range and gender, if there are conditions in the foster home making such limitations necessary; (3-28-23)

d. The regular license for a foster home is in effect for one (1) year from the date of issuance unless suspended or revoked earlier; (3-28-23)

e. A regular license for a daycare center, group daycare facility, or family daycare home voluntarily licensed by the Department is in effect for two (2) years from the date of issuance unless suspended or revoked earlier; and (3-28-23)

f. If the license for a foster home is for a specific child only, the name of that child will be shown on the foster home license. (3-28-23)

03. Waiver. A regular license may be issued to the foster home of a relative who has received a waiver of licensing rules provided: (3-28-23)

a. The waiver is considered on an individual case basis; (3-28-23)

b. The waiver is approved only for non-safety foster care rules; (3-28-23)

c. All other licensing requirements have been met; (3-28-23)

d. The approval of a waiver of any foster home rules requires the Department to document a description of the reasons for issuing a waiver, the rules being waived, and assurance that the waiver will not compromise the child's safety; and (3-28-23)

e. The approved waiver must be reviewed for continued need and approved annually. (3-28-23)

04. Variance. A regular license will be issued to a foster home approved for a variance of a licensing rule provided: (3-28-23)

a. The variance is considered on an individual case basis; (3-28-23)

b. The variance is approved for a non-safety licensing rules; (3-28-23)

c. The approval of a variance must have no adverse effect on the health, safety, and well-being of any child in care at the foster home; (3-28-23)

d. The approval of a variance is documented by the Department and includes a description of the reasons for issuing a variance and assurances that the variance will not compromise any child's health, safety, and well-being; and (3-28-23)

e. The approved variance must be reviewed for continued need and approval annually. (3-28-23)

05. Provisional License. A provisional license may be issued to a foster home, when a licensing standard cannot be met but can be expected to be corrected within six (6) months, provided this does not affect the health, safety, and well-being of any child in care at the home. (3-28-23)

a. A provisional license will be in effect for not more than six (6) months. (3-28-23)

b. Only one (1) provisional license will be issued to a foster home in any twelve-month period of time under Section 39-1216, Idaho Code. (3-28-23)

06. Limited License. A limited license for a foster home may be issued for the care of a specific child in a home which may not meet the requirements for a license, provided: (3-28-23)

a. The child is already in the home and has formed strong emotional ties with the foster parents; and (3-28-23)

b. It can be shown that the child's continued placement in the home would be more conducive to their welfare than would removal to another home. (3-28-23)

07. Denial of Application. If an application is denied, a signed letter will be sent directly to the applicant by registered or certified mail, advising the applicant of the denial and stating the basis for such denial. An applicant whose application has been denied may not reapply until after one (1) year has elapsed from the date on the denial of application. (3-28-23)

08. Failure to Complete Application Process. (3-28-23)

a. Failure of the applicant to complete the application process within six (6) months of the original date of application will result in a denial of the application. (3-28-23)

b. An applicant whose application has been denied for being incomplete may not reapply until after one (1) year has elapsed from the date on the denial of application. (3-28-23)

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