39-1115. MISDEMEANOR. (1) It shall be a misdemeanor to operate a daycare facility within this state without first obtaining a basic daycare license from the department or to operate a daycare facility without posting a basic daycare license in a conspicuous place. A copy of this chapter shall be available on the premises at all times for staff and parents to read on request.

(2) If a daycare facility is found to be operating without a license, the licensing agency may grant a grace period of no more than sixty (60) days to allow the daycare facility to come into compliance with the provisions of this chapter.

(3) It shall be a misdemeanor to operate a family daycare home caring for four (4) or more children without obtaining the criminal history check required in section 39-1105, Idaho Code; provided, that in the event of an initial citation for violation of the provisions of this subsection, if a person makes the applications required within twenty (20) days, the complaint shall be dismissed. Operation of a family daycare home caring for four (4) or more children after failure to pass a required criminal history check shall be a misdemeanor.

(4) It is a misdemeanor for any person to provide daycare services if such person has been found guilty in this state’s courts, in any other state’s courts, or in any federal court, of any offense listed under the provisions of section 39-1113, Idaho Code.

History:

[39-1115, added 1987, ch. 56, sec. 1, p. 97; am. 1992, ch. 90, sec. 4, p. 281; am. 2009, ch. 295, sec. 15, p. 881.]