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Home Daycare License Requirements in Idaho (2026)
Opening a home daycare in Idaho means getting a family child care home license from the Idaho Department of Health and Welfare (IDHW / “the Department”), Division of Welfare (Self-Reliance). Here is exactly what that takes in 2026 — your capacity limit and ratios, the training and background checks, the application steps, and the postings and enrollment forms you need — sourced to the state’s own rules and dated.
In brief — Idaho
- Licensing agency
- Idaho Department of Health and Welfare (IDHW / “the Department”), Division of Welfare (Self-Reliance)
- Program / rule
- THE PROGRAM: a “BASIC DAYCARE LICENSE” issued by IDHW under Idaho Code Title 39, Chapter 11 (§§39-1101 through 39-1119), implemented by IDAPA 16.06.03, “Daycare Licensing.” There is no separate “family child care home” licence category and no tiered/QRIS licence. Idaho issues ONE licence type; what changes with size is the fee and the local zoning burden, not the licence. THE HEADLINE TRAP — IDAHO’S TWO-LAYER CITY/COUNTY SYSTEM WAS ABOLISHED ON 1 JULY 2025. For decades Idaho ran a genuine two-tier system: the state licensed at 7+ children and cities and counties ran their own child care licences on top (Boise, Meridian, Idaho Falls and others licensed both facilities AND individual childcare workers). That is over. House Bill 243 (2025), enacted as 2025 Session Law Chapter 185, effective 07/01/2025 with an emergency clause, did four things I read directly in the engrossed bill text (H0243E1.pdf, read 2026-08-25 — the title section is dispositive): • “REPEALING SECTION 39-1108, IDAHO CODE, RELATING TO LOCAL OPTION” (Section 5 of the act: “That Section 39-1108, Idaho Code, be, and the same is hereby repealed.”); • “REPEALING SECTION 39-1117, IDAHO CODE, RELATING TO LIABILITY TO STATE OR POLITICAL SUBDIVISIONS” (Section 10); • “REPEALING SECTION 39-1120, IDAHO CODE, RELATING TO NONDELEGABLE DUTIES AND RESPONSIBILITIES” (Section 11); • and it struck the non-preemption sentence out of the policy section. The pre-2025 §39-1101 read: “It is hereby declared to be the policy of this state to establish a MINIMUM statewide system … The minimum standards established by this chapter shall not be construed as preempting more stringent regulation by county or city ordinance.” The bill deleted every instance of “minimum” and deleted the non-preemption sentence entirely. The CURRENT §39-1101, as served by the Idaho Legislature on 2026-08-25, reads in full: “It is hereby declared to be the policy of this state to establish a statewide system for the protection of children in daycare facilities. This system is intended to establish standards, while still leaving primary responsibility for evaluation and selection of daycare services with parents.” The preemption escape hatch is gone from the text. The bill’s own Statement of Purpose (RS32233 / H0243, revised 02/20/2025) says it in one line: “Eliminates the current two-tier regulatory system for childcare, placing licensing responsibility at the state level.” The City of Boise confirms the practical effect from the other side: “Due to House Bill 243 passed during the 2025 legislative session … the city will no longer be allowed to license childcare workers or facilities starting 7/1/25” and “Starting on July 1, 2025, the Idaho Department of Health and Welfare will process all applications for licenses and regulate licensing requirements” (cityofboise.org/departments/city-clerk/childcare-services-updates/, read 2026-08-25). Boise stopped taking new facility licence applications on 18 June 2025 at 5:00 p.m., extended existing city licences expiring 1 July–31 December 2025 to 31 December 2025, and its old “Childcare Worker License” page now returns HTTP 410 Gone. WHAT LOCAL GOVERNMENT STILL DOES (this is the surviving half of the two-layer story — do not tell an Idaho provider that local government is irrelevant). Cities and counties keep zoning, building, electrical and fire code jurisdiction, and the STATE application makes local compliance a condition of the state licence. IDAPA 16.06.03.121.03 requires inspection reports proving the facility meets: “a. Building code under IDAPA 24.39.30, ‘Rules of Building Safety (Building Code Rules),’ where required; b. Electrical code under IDAPA 24.39.10, ‘Rules of the Idaho Electrical Board,’ where required; c. Fire code under Section 41-253, Idaho Code, where required; and d. Local planning and zoning requirements. All daycare facilities must comply with applicable city and county ordinances.” IDHW says the same: “Your city or county may have local ordinances which cover building codes, electrical codes, and planning and zoning codes. Proof of compliance with local ordinances must be submitted with the license application.” Boise is the worked example: for an in-home daycare of 1–6 children the city requires NO application — “A Home Occupation, Child or Adult Daycare, for one to six adults or children, is allowed without submittal of an application or approval of a Zoning Compliance Review if it complies with all the standards” — but the provider must still sign and present the “Signature Sheet - Home Occupation Child Daycare 1-6” to the licensing agency, and must meet 100 sq ft outdoor play area per child and 35 sq ft indoor floor area per child. At 7–12 children in a home, Boise requires a ZONING COMPLIANCE REVIEW application approved BEFORE you present to the licensing agency, plus an on-site pick-up area if on a collector/arterial street and one off-street parking space per employee. At 13+ it is a Conditional Use Permit or Zoning Certificate depending on district (cityofboise.org/departments/planning-and-development-services/planning/requirements-for-child-daycare/, read 2026-08-25). Boise Fire now charges an $80 inspection fee. Every Idaho city is different; the state licence does not waive any of it. THE THRESHOLD, EXACTLY. IDHW: “You will need to get a license if you: provide care for seven or more children, and receive compensation for providing care for one or more of those children.” That tracks §39-1102(5): “‘Daycare facility’ means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider.” BUT — and this is the part almost every secondary source drops — Idaho imposes a STATE duty at FOUR children, not seven. §39-1114(1): “Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check.” IDAPA 16.06.03.009.03 repeats it: “Family Daycare Homes. Under Section 39-1114, Idaho Code, any person providing daycare for four (4) or more children in a family daycare home is required to comply with Sections 39-1105 and 39-1113, Idaho Code.” And it is criminally enforced — §39-1115(3): “It shall be a misdemeanor to operate a family daycare home caring for four (4) or more children without obtaining and passing 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.” IdahoSTARS says the same operationally: “If you are required to get an Idaho State Day Care License, OR IF YOU ARE LEGALLY EXEMPT FROM LICENSURE, you will need to get a Cleared Enhanced Background Check.” So Idaho’s real ladder is 4 (background check) → 7 (licence), not simply “6 vs 7.” OPTING IN BELOW SEVEN. §39-1114(3): “A family daycare home providing care for fewer than seven (7) children may elect to comply with the provisions of this chapter and upon a finding of compliance by the department, shall receive a basic daycare license.” This is a real commercial lever — a voluntary licence at the $100 “all other daycare facilities” fee makes a sub-7 home eligible to hold itself out as state-licensed and simplifies ICCP subsidy participation. WHERE THE LAW IS MOVING. §39-1111 as amended by HB 243: “The rulemaking authority granted in this section shall be limited to the specific standards and procedures required by this chapter. The department shall seek to move all necessary rules into this chapter by July 1, 2026.” HB 243 also nullified two rule sections outright: “The rules contained in IDAPA 16.06.03 … Section 011.08. and Section 100.06., shall be null, void, and of no force and effect on and after the effective date of this act.” The 2025 session produced a SECOND daycare act, 2025 Session Law Chapter 186, which rewrote §39-1102 definitions (adding “group size,” “mixed age group,” “ratio,” “single age group,” “supervision,” “training” and a 16-year-old floor for “staff”), added §39-1110A (behavior management and discipline), rewrote the fee section, and rewrote the training section §39-1119. The 2026 session then amended §39-1102 and §39-1106 (2026 ch. 251, secs. 11–12) and §39-1105 (2026 ch. 220, sec. 7, the act that recodified background checks from Title 56 ch. 25 into the new Title 56 ch. 27). All of that is already reflected in the statute text quoted throughout this entry, which was read live on 2026-08-25 (the Legislature notes “Idaho Statutes are updated to the website July 1 following the legislative session”). THE 2026 VETO — read this before you advise anyone about counting children. House Bill 758 (2026), “DAYCARE LICENSING – Amends existing law to provide for supervision requirements while a child is sleeping and to establish an exception regarding children to be counted in attendance at a daycare,” passed the House 66-2-2 on 03/12/2026 and the Senate as amended 28-7-0 on 03/30/2026 — and was “Returned from Governor vetoed on April 28, 2026” (legislature.idaho.gov/sessioninfo/2026/legislation/H0758/, read 2026-08-25). Its Statement of Purpose (RS33431 / H0758) explains what it would have fixed: “This bill clarifies two issues from HB243 which the legislature passed last session … This allows an in-home day-care provider to use a videoing device to monitor a sleeping child. It also clarifies that an in-home day care provider does not need to count their own school age children for the purposes of licensing.” BOTH of those fixes FAILED. Current law therefore still requires line-of-sight/hearing supervision of sleeping children (no camera substitute) and still contains the unqualified counting rule in §39-1109(4)(b). See capacity_max and ratios.
- Maximum group size
- NO OPERATIVE STATEWIDE GROUP-SIZE CAP. This is a trap in the other direction: Idaho DEFINES group size but never limits it. §39-1102(10) defines the term — “‘Group size’ means the maximum number of children in one (1) group or classroom” — and §39-1102(11) and (16) define “mixed age group” and “single age group.” All three definitions were added by the 2025 acts. I then read every remaining section of Title 39 Chapter 11 as it stands on 2026-08-25 (§§39-1101, 1102, 1103, 1104, 1105, 1106, 1107, 1109, 1110, 1110A, 1111, 1112, 1112A, 1113, 1114, 1115, 1116, 1118, 1119) and the phrase “group size” appears in NO section other than the definitions. There is no “maximum group size shall be” sentence anywhere in the chapter. IDAPA 16.06.03 likewise contains no group-size provision. The HB 243 Statement of Purpose explains the design choice: the bill “Recognizes the diverse types of providers by allowing for age-appropriate, community-appropriate and provider-appropriate approaches to ratios of adults to children.” Idaho deliberately regulates the ADULT:CHILD budget, not the size of the room. So the effective ceiling on a group is the product of three independent limits, whichever bites first: 1. THE LICENCE TIER. A home-based group daycare facility is 7–12 children (§39-1102(9)). Above 12 you are a daycare center (§39-1102(4)) with a different fee and, in most Idaho cities, a conditional use permit. 2. THE 12-POINT BUDGET per staff member (§39-1109(4)(a)) — which for an all-infant group means six children per staff, half the licence tier. 3. THE FIRE OFFICIAL’S OCCUPANT LOAD, computed only over “those areas used for daycare purposes” (IDAPA 16.06.03.361.01), plus the two-exit and basement/upper-story egress rules of IDAPA 360.03. A few size-triggered thresholds do exist in the fire rules and are worth knowing because they mark where a home operation becomes a building project: IDAPA 362.04, “Each daycare facility over three thousand (3,000) square feet is required to have additional fire extinguishers as approved by the local fire official”; 362.05, “Each daycare facility with over fifty (50) children, must have an approved fire alarm system installed”; 361.02, facilities with an occupancy load of fifty or more must have exit doors that “swing in the direction of egress” and panic hardware on latched room exit doors; 362.07, automatic sprinklers required “in all daycare facilities greater than twenty thousand (20,000) square feet in area or when the number of children under the age of eighteen (18) months exceeds one hundred (100).” None of these can be reached by a 7–12-child home. LOCAL SPACE STANDARDS CAN CAP YOU BELOW THE STATE NUMBERS. Boise, for example, requires “Minimum 100 sq ft outdoor play area per child” and “Minimum 35 sq ft indoor floor area per child” for in-home daycare at every size tier (cityofboise.org, Requirements for Child Daycare, read 2026-08-25). Twelve children in Boise therefore implies 1,200 sq ft of outdoor play area and 420 sq ft of indoor care area — a real constraint that no state rule imposes. Check the city before you promise a parent a slot.
- CPR & first aid
- Yes — required before licensure
- Last verified
- 2026-08-25
Who needs a license — home types in Idaho
Idaho tiers by HEAD COUNT, and every tier definition is statutory, in Idaho Code §39-1102 (“Definitions. As used in this chapter:”), read verbatim from the Idaho Legislature on 2026-08-25. The operative definitions, quoted exactly: • §39-1102(2): “‘Child’ means a person less than thirteen (13) years of age.” So the count runs to the 13th birthday; a 13-year-old in the house is not a “child” for capacity but IS a person who needs a background check (§39-1105(1)). • §39-1102(3): “‘Daycare’ means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children NOT RELATED BY BLOOD, MARRIAGE OR LEGAL GUARDIANSHIP to the person or persons providing the care, in a place other than the child’s or children’s own home or homes.” Three tests sit inside this one sentence and all must be met before anything else applies: compensation; part of a 24-hour day; and unrelated children in someone else’s home. • §39-1102(8): “‘Family daycare home’ means a home, place, or facility providing daycare for six (6) or fewer children.” • §39-1102(9): “‘Group daycare facility’ means a home, place, or facility providing daycare for seven (7) to twelve (12) children.” — this is the home-based licensed tier. • §39-1102(4): “‘Daycare center’ means a place or facility providing daycare for compensation for thirteen (13) or more children.” • §39-1102(5): “‘Daycare facility’ means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider.” — “daycare facility” is the UMBRELLA term the licensing chapter uses; it is the thing that must be licensed. A “group daycare facility” and a “daycare center” are both “daycare facilities.” A “family daycare home” is NOT.
THE PEOPLE DEFINITIONS, which drive who needs training, certification and clearance: • §39-1102(17): “‘Staff’ means anyone who is SIXTEEN (16) YEARS OF AGE OR OLDER who is employed by a daycare facility to provide care and supervision. ‘Staff’ includes operators, owners, and providers.” (A 16- or 17-year-old can be staff; but §39-1104(1) requires the APPLICANT to be “a minimum of eighteen (18) years of age,” and IDAPA 16.06.03.121 repeats “must be at least eighteen (18) years old.”) • §39-1102(14): “‘Provider’ means a person who provides care and supervision at a daycare facility and IS INCLUDED IN THE CHILD:STAFF RATIO.” • §39-1102(12): “‘Operator’ means a person who operates or maintains a licensed daycare facility.” §39-1102(13): “‘Owner’ means a person, group of individuals, or entity that has legal control and authority over a daycare business.” §39-1102(7): “‘Employee’ means any person working for compensation in a facility that provides daycare.” • §39-1102(19): “‘Training’ means continuing education in child development areas relating to child care.”
THE SUPERVISION DEFINITION — new in 2025 and the single most operationally demanding sentence in Idaho child care law. §39-1102(18): “‘Supervision’ means: (a) For a child less than five (5) years of age, a provider is within sight or normal hearing range of the child and near enough to render immediate assistance to the child; (b) For a child five (5) years of age and older, a provider is within sight or normal hearing range of the child as appropriate to the child’s individual age, needs, and capabilities; and (c) NOTWITHSTANDING paragraph (b) of this subsection, for ALL CHILDREN while SLEEPING, SWIMMING or engaging in other water activity involving a pool, hot tub, or other body of water, OR ON FIELD TRIPS or activities away from the facility, a provider is within SIGHT AND normal hearing range of the child.” Note the switch from “sight OR hearing” to “sight AND hearing” in (c). The HB 243 Statement of Purpose lists this as its first goal: “Clarifies the definition of ‘supervision’ so there is a common standard across the state.” The 2026 attempt to let a home provider satisfy sleeping-child supervision with a video device (H0758) was VETOED on 28 April 2026, so a camera does not substitute for sight in Idaho today.
THE GROUPING DEFINITIONS, added 2025, which exist but have no operative cap attached to them (see max_group_size): §39-1102(10) “‘Group size’ means the maximum number of children in one (1) group or classroom”; §39-1102(11) “‘Mixed age group’ means a care group that includes children of multiple ages”; §39-1102(16) “‘Single age group’ means a care group that includes children of similar age”; §39-1102(15) “‘Ratio’ means the number of staff required to supervise a certain number of children.” THE EXEMPTIONS, verbatim from §39-1103 (“The provisions of this chapter shall not apply to:”): “(1) The occasional care of a neighbor’s, relative’s or friend’s child or children by a person not ordinarily in the business of providing daycare; (2) The operation of a school for educational purposes for children over four (4) years of age or a kindergarten; (3) The provision of occasional care exclusively for children of parents who are simultaneously in the same building; (4) The operation of day camps, programs, and religious schools for less than twelve (12) weeks during a calendar year or not more often than once a week and after school programs for children over four (4) years of age or in kindergarten; or (5) The provision of care for children of a family within the second degree of relationship.”
IDHW glosses “second degree of relationship” as “parents, step-parents, grandparents and their spouses, uncles and aunts and their spouses, first cousins and their spouses, nephews and nieces and their spouses, siblings and their spouses.” §39-1103 also carries a religion clause: “Nothing in this chapter shall be construed to limit or restrict the teaching of religious doctrines, values, or tenets in a facility licensed under the provisions of this chapter.” NOTE the private-school carve-out is NOT total: §39-1105(3) says “Notwithstanding the provisions of section 39-1103 … any person who owns, operates or is employed by a private school for educational purposes for children four (4) through six (6) years of age or a private kindergarten shall comply with the provisions of this section” — i.e., the criminal history check still bites (repeated at IDAPA 16.06.03.009.07).
How many children you can care for in Idaho
HOME-BASED LICENSED TIER: 7 to 12 children. §39-1102(9): “‘Group daycare facility’ means a home, place, or facility providing daycare for seven (7) to twelve (12) children.” Below that, §39-1102(8): “‘Family daycare home’ means a home, place, or facility providing daycare for six (6) or fewer children” — no state LICENCE, but see the 4-child background-check duty below. At 13+, §39-1102(4), you are a “daycare center,” which is a different fee and, in most Idaho cities, a different zoning instrument. THE COUNTING QUESTION — WHICH CHILDREN COUNT? This is where Idaho is genuinely unsettled and where a wrong answer is expensive. Two provisions pull in opposite directions and you must give a client both. (A) FOR THE LICENSURE THRESHOLD, related children are excluded by definition. §39-1102(5) counts “seven (7) or more children NOT RELATED TO THE PROVIDER,” and §39-1102(3) defines “daycare” itself as care “for a child or children NOT RELATED BY BLOOD, MARRIAGE OR LEGAL GUARDIANSHIP to the person or persons providing the care.” §39-1103(5) removes “care for children of a family within the second degree of relationship” from the chapter altogether.
On the face of these, your own children and grandchildren do not push you over the 7-child licensing line. (B) FOR RATIO AND ATTENDANCE, the 2025 text counts EVERY child in attendance, with no relation exception. §39-1109(4)(b), as amended by 2025 ch. 185 and 2025 ch. 186: “EACH CHILD IN ATTENDANCE shall be counted by the department for purposes of calculating maximum allowable points, COUNTING THE NUMBER OF CHILDREN IN ATTENDANCE and for determining compliance with child:staff ratios.” There is no “not related to the provider” qualifier anywhere in §39-1109(4). (C) THE LEGISLATURE TRIED TO FIX (B) IN 2026 AND THE GOVERNOR VETOED IT. House Bill 758 (2026) was captioned “to establish an exception regarding children to be counted in attendance at a daycare”; its Statement of Purpose says it “clarifies that an in-home day care provider does not need to count their own school age children for the purposes of licensing.” It passed both chambers and was “Returned from Governor vetoed on April 28, 2026.” THEREFORE: as of 2026-08-25, Idaho law contains NO express statutory exception for the provider’s own school-age children in the §39-1109(4)(b) attendance/ratio count, and the fact that the legislature thought one was needed is strong evidence the Department reads (B) literally.
Do not tell an Idaho provider flatly that “your own children never count.” Tell them: they do not count toward the 7-child LICENSING threshold (§39-1102(3),(5); §39-1103(5)), but §39-1109(4)(b) says every child in attendance is counted for POINTS and RATIO, the 2026 exception failed by veto, and they should get the Department’s current written position in writing before they build a business plan on it. THE SECOND HARD CAP — THE FIRE OFFICIAL’S OCCUPANT LOAD. Even inside 7–12, your real ceiling can be lower. IDAPA 16.06.03.361: “FACILITY CAPACITY AND DETERMINING OCCUPANT LOAD. Occupant load is determined by the local fire official or designee.” 361.01: “Area for Daycare Use Only. The local fire official or designee will only use those areas used for daycare purposes when determining the occupant load.” So square footage actually dedicated to care, not the size of the house, sets the number. Two structural gates sit under this: IDAPA 360.03.b requires “at least two (2) exits located a distance apart of not less than one-half (1/2) the diagonal dimension of the building or portion used for daycare, but not to exceed seventy-five (75) feet” (extendable to 90 ft with full smoke-detector coverage, 110 ft with automatic sprinklers), with a family-daycare-home and group-daycare-facility-only concession that “sliding patio doors will be accepted as a required second exit.”
And IDAPA 360.03.e: “Where children are located on a story below the level of exit discharge (basement), there must be at least two (2) exits, one (1) of which must open directly to the outside”; 360.03.f imposes the same on any story above exit discharge. IdahoSTARS states the practical version: “The facility must have at least two exits” and “You cannot provide care in a basement or second story without an approved fire exit.” THE THIRD CAP — THE POINT BUDGET. §39-1109(4)(a) caps you at twelve (12) points per staff member. A solo home provider with only infants is capped at SIX children (2 points each), not twelve, regardless of the 7–12 licence tier. See ratios for the full arithmetic. THE FEE LADDER TRACKS THE HEAD COUNT. §39-1107(1): “The total fee to be assessed for a daycare license shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with thirteen (13) to twenty-five (25) children in attendance at any given time and one hundred dollars ($100) for all other daycare facilities.
Criminal history background check fees shall be in addition, but at actual cost. No other fees shall be charged for each license period.” IDHW publishes it as a table: Large center 26+ = $325; Small center 13–25 = $250; Group facility 7–12 = $100; All other daycare facilities = $100. A home-based 7–12 provider therefore pays $100 for a TWO-YEAR licence, plus background-check costs at actual cost, plus the local fire inspection fee paid to the fire department (IDAPA 360.02), plus any city fees (Boise Fire: $80). AND THE FLOOR NOBODY QUOTES: FOUR. §39-1114(1): “Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check.” Operating a 4-, 5- or 6-child home without that cleared check is a misdemeanor under §39-1115(3), curable within 20 days of an initial citation. §39-1114(2) adds that for these unlicensed homes “Fire inspections may be conducted by department designated health and safety inspectors where necessary. The fire inspection certificate and the criminal history check shall be available for inspection on the premises.”
And §39-1113(6) reaches unlicensed homes too: “A daycare facility license or PRIVILEGE TO OPERATE A FAMILY DAYCARE HOME shall be denied or revoked if a registered sex offender resides on the premises where daycare services are provided.”
Adult-to-child ratios
IDAHO DOES NOT USE AGE-BAND RATIOS. It uses a POINT BUDGET, set in statute, not in rule. IDAPA 16.06.03 contains no ratio section at all — I read the whole chapter (sections 000, 001, 009, 121, 123, 150, 200, 201, 360–363, 380, 381, 400, 420) on 2026-08-25 and there is none.
The ratio lives entirely in Idaho Code §39-1109(4), as rewritten by 2025 ch. 185 and 2025 ch. 186. Verbatim: §39-1109(4)(a): “The maximum allowable child:staff ratio shall be a maximum of TWELVE (12) POINTS PER STAFF MEMBER using the following point system: (i) Each child in attendance under the age of twenty-four (24) months shall equal TWO (2) POINTS. (ii) Each child in attendance from twenty-four (24) months to under thirty-six (36) months of age shall equal ONE AND THIRTY-THREE HUNDREDTHS (1.33) POINTS. (iii) Each child in attendance from thirty-six (36) months to under five (5) years of age shall equal NINE HUNDRED TWENTY-THREE THOUSANDTHS (0.923) OF A POINT. (iv) Each child in attendance from five (5) years to under thirteen (13) years of age shall equal FORTY-EIGHT HUNDREDTHS (0.48) OF A POINT.” §39-1109(4)(b): “Each child in attendance shall be counted by the department for purposes of calculating maximum allowable points, counting the number of children in attendance and for determining compliance with child:staff ratios.” §39-1109(4)(c): “Daycare facilities may operate with child:staff ratios MORE STRINGENT than those specified in paragraph (a) of this subsection.” (More stringent is allowed; more permissive is not.) THE ARITHMETIC, PER STAFF MEMBER (12 ÷ points, rounded DOWN to whole children): • Under 24 months: 12 ÷ 2 = 6 infants. • 24 to under 36 months: 12 ÷ 1.33 = 9.02 → 9 toddlers. • 36 months to under 5 years: 12 ÷ 0.923 = 13.0 → 13 preschoolers (but a home-based group daycare facility is capped at 12 by §39-1102(9), so the licence tier binds first). • 5 to under 13 years: 12 ÷ 0.48 = 25 school-agers (again, capped at 12 in a home).
MIXED GROUPS — the point system is what makes Idaho workable and what trips people up. Example for a solo home provider: 2 infants (2×2 = 4.0) + 2 two-year-olds (2×1.33 = 2.66) + 3 four-year-olds (3×0.923 = 2.769) + 5 school-agers (5×0.48 = 2.40) = 11.829 points — legal on one staff member, and 12 children, exactly at the group daycare facility ceiling. Add one more infant and you are at 13.829 points, which requires a second staff member AND exceeds the 7–12 tier. Providers should keep this calculation written down per session; it is the number an inspector reproduces. THE ABSOLUTE FLOOR: §39-1109(3): “At least one (1) adult employee must be present at all times when a child or children are in attendance.” Note “ADULT” here, against §39-1102(17)’s definition of “staff” as anyone 16 or older — a 16- or 17-year-old can count in the ratio as staff but cannot be the only person present. CERTIFICATION IS BUILT INTO THE RATIO. §39-1119, second sentence: “Each staff member COUNTING TOWARD THE CHILD:STAFF RATIO shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor.”
That is stricter than the older §39-1109(1)(g) floor, which still reads: “The owner or operator of a daycare facility shall ensure that at all times when a child or children are present, AT LEAST ONE (1) adult employee on the premises has current certification in pediatric rescue breathing and first aid treatment from a certified instructor.” Read together: at minimum one certified adult on premises at all times, and in practice EVERY person you are counting in the point budget must be certified. Water activities have their own overlay — IDAPA 16.06.03.400.06.d: “Children will be under direct supervision of adult staff who are certified in pediatric CPR and pediatric first aid while using a bathtub, pool, hot tub, pond, or other body of water”; §39-1109(1)(f)(iv): “Children must be under direct supervision of at least one (1) adult employee while using a pool, hot tub, pond or other body of water.” SLEEPING CHILDREN. §39-1109(5): “Sleeping children must be within SIGHT and normal hearing range of a provider.” Reinforced by §39-1102(18)(c) (“notwithstanding paragraph (b) … for all children while sleeping … a provider is within sight and normal hearing range”). A video monitor does NOT satisfy this: the 2026 bill that would have permitted “a videoing device to monitor a sleeping child” (H0758) was vetoed 28 April 2026. This is the single most burdensome practical rule for an Idaho home provider running naptime while doing anything else.
OVERNIGHT CARE. §39-1109(6): “For daycare facilities providing overnight care of children: (a) A sleeping child shall sleep on the same level as a staff member; (b) At least one (1) staff member shall be awake and on duty; (c) Sleeping children shall have separate cots, mats, or beds and blankets; and (d) A child shall not share a bed with a non-parent adult.” SUBSIDY OVERLAY. If you take Idaho Child Care Program (ICCP) subsidy, IDAPA 16.06.12.802.01 adds: “All child care providers providing services must be eighteen (18) years old or older. Persons sixteen (16) or seventeen (17) years old may provide child care if they have direct, on-site supervision from a licensed child care provider who is at least eighteen (18) years old.” WARNING ABOUT THE POINT VALUES YOU WILL FIND ELSEWHERE. The “Idaho District Health Department Child Care Guidelines” PDF that IdahoSTARS itself links from its licensing page (Central District Health, idahostars.org/portals/61/Docs/Providers/ICCP/CCMMGuidelines.pdf, read 2026-08-25) states the point values as “Zero to less than 24 months is equal to 2 points. 24 months to under 36 months is equal to 1 1/2 points. 36 months to under 5 years old is equal to 1 point. 5 years old to under 13 years of age is equal to a 1/2 point.”
THREE OF THOSE FOUR NUMBERS ARE WRONG against current §39-1109(4)(a) (1.33 not 1.5; 0.923 not 1; 0.48 not 0.5). The same PDF also cites “IDAPA 16.06.02 – Rules Governing Standards for Child Care Licensing” (a chapter that is now Foster Care Licensing) and tells providers “Local jurisdictions (cities) that require child care licensing may have more stringent requirements” — which HB 243 abolished on 1 July 2025. Use the statute, not this handout.
Training you must complete before licensure
IDAHO SETS NO PRE-SERVICE CLOCK-HOUR REQUIREMENT FOR STATE LICENSURE. There is no orientation-hour number, no ECE credential requirement, no director qualification, and no health-and-safety curriculum in Title 39 Chapter 11 or in IDAPA 16.06.03. I read both in full on 2026-08-25. What Idaho requires BEFORE the licence issues is narrower and concrete: 1. AGE. §39-1104(1): “A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age.” IDAPA 16.06.03.121: “Any individual applying for licensure as a daycare facility must be at least eighteen (18) years old.” 2. IN-PERSON PEDIATRIC CERTIFICATION, SUBMITTED WITH THE APPLICATION. IDHW states it as a flat rule: “Certifications in pediatric rescue breathing, infant-child CPR, and first aid treatment must be submitted with your license application. Certification needs to be completed through a course offered by a certified instructor. ONLINE COURSES ARE NOT ACCEPTED” (healthandwelfare.idaho.gov, Becoming a Child Care Provider, page last updated 5-27-2026). IdahoSTARS: “All providers, owners, and staff who provide direct care to children must have current certification in pediatric rescue breathing (CPR) and pediatric first aid from a certified instructor.”
The statutory hooks are §39-1109(1)(g) (“at least one (1) adult employee on the premises has current certification in pediatric rescue breathing and first aid treatment from a certified instructor”) and §39-1119 (“Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor”). The record-keeping hook is IDAPA 16.06.03.200.07: staff records must contain “Verification of Pediatric Rescue Breathing, Infant-Child CPR, and Pediatric First Aid Certification from a Certified Instructor.” IdahoSTARS will help you find an accepted course: “For assistance with the obtaining pediatric CPR and pediatric first aid, contact your local CCRC office by calling the Idaho CareLine at 2-1-1 or 1-800-926-2588. Ask to speak with a Resource Specialist.” Central District Health adds the transport rule: “If the facility provides transportation of children outside the facility at any time, persons that accompany the transportation must be currently certified in pediatric CPR/FA.” 3. A SIGNED STATEMENT THAT YOU HAVE READ THE RULES.
IDAPA 16.06.03.121.06: “Statement to Comply. As part of the application, the applicant must THOROUGHLY READ AND REVIEW THESE RULES and agree that they are prepared to comply with all provisions. Providers must also certify that they will not harm, shake, or abuse children, and that children in their care will not experience maltreatment under 45 CFR 98.41.” This is Idaho’s functional substitute for a pre-service course, and it is a signed attestation — treat the rule text as required reading. 4. A CLEARED BACKGROUND CHECK BEFORE YOU MAY PROVIDE SERVICES. Unlike employees of many other provider types, a licensure applicant gets NO provisional start. IDAPA 16.05.06.170.02: “Individuals applying for licensure or certification by the Department are NOT AVAILABLE to provide services or receive licensure or certification until the background check is complete and a clearance is issued by the Department,” and the list of those who must be cleared first expressly includes “Department-licensed child care providers.” THE PRE-SERVICE REQUIREMENT THAT DOES EXIST — AND ONLY IF YOU TAKE SUBSIDY.
If you enrol in the Idaho Child Care Program (ICCP, the CCDF subsidy programme), IDAPA 16.06.12.801 imposes a genuine orientation package: “HEALTH AND SAFETY TRAINING. All child care providers must complete a series of health and safety trainings during an ORIENTATION PERIOD OF NOT MORE THAN NINETY (90) DAYS, in addition to ongoing annual training, that address each of the following topics:” and then lists ten: “01. Infectious Diseases. The prevention and control of infectious diseases (including immunization). 02. Sudden Infant Death Syndrome. The prevention of sudden infant death syndrome and use of safe sleeping practices. 03. Medication. The administration of medication, consistent with standards for parental consent. 04. Allergic Reactions. The prevention of and response to emergencies due to food and allergic reactions. 05. Environmental Safety. Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic. 06. Child Abuse Prevention. Prevention of shaken baby syndrome, abusive head trauma, child maltreatment, and recognition and reporting of child abuse and neglect. 07. Emergency Preparedness.
Emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event. 08. Hazardous Substances. Proper handling, storage, and disposal of medicines, cleaning supplies, and other hazardous substances, including biocontaminants. 09. Transportation. Appropriate precautions in transporting children, including the use of child safety restraints and seat belts. 10. Child Development. Address major domains such as cognitive, social, emotional, physical development, and approaches to learning.” IDHW describes the delivery: “Child care providers participating in the Idaho Child Care Program (ICCP) are required to complete a series of FREE ONLINE COURSES designed to cover a variety of health and safety topics for providers in Idaho.” Note the asymmetry that catches people: the ICCP health-and-safety series may be taken online, but the CPR/first-aid certification for LICENSING may not. IDHW also tells applicants to do the local homework first, and to do it before spending money: “Contact your city or county planning and zoning office to see if there are requirements that may prohibit your ability to comply with local ordinances and complete the licensing process.”
IdahoSTARS adds two non-obvious pre-checks: “You may need approval from your Home Owners Association or landlord to operate a child care program in your home” and “If you are on well water, contact your local health district for information and assistance to ensure your water is from an approved source and free of contamination.”
Ongoing (annual) training
FOUR (4) HOURS EVERY 12 MONTHS for state licensing — TWELVE (12) HOURS if you take subsidy. Both numbers are real and they apply to the same person simultaneously; the subsidy figure swallows the licensing figure but has different content rules. THE LICENSING NUMBER. Idaho Code §39-1119 (“Training requirements”), as amended by 2025 ch. 186, sec. 7, in full: “The owner or operator of a daycare CENTER shall ensure that each employee receives four (4) hours of ongoing training in child development areas related to daycare every twelve (12) months after the employee’s hire date. Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor. The owner or operator is responsible for maintaining documentation of each staff member’s training.” §39-1102(19) defines the currency: “‘Training’ means continuing education in child development areas relating to child care.” A DRAFTING WRINKLE YOU SHOULD KNOW ABOUT AND NOT PANIC OVER: the amended statute says “daycare CENTER,” which §39-1102(4) defines as 13+ children — read hyper-literally, the 4-hour duty would not reach a 7–12-child group daycare facility.
IDHW does NOT read it that way. Its licensing page states: “For state licensing, each owner or operator of a FACILITY licensed by the department must receive and ensure that each staff member receives and completes four hours of ongoing training every 12 months after the staff member’s date of hire” (page last updated 5-27-2026). Comply with the 4 hours whatever your size; the Department’s published position is the one an inspector will apply. HOW THE CLOCK RUNS. IDHW: “For state licensing, the training will count if the staff member takes the training AFTER THEIR HIRE DATE. It will be credited for the licensing period in which the training was taken and will only count ONE TIME.” So: measured from each individual’s hire anniversary, not the licence year; no double-crediting the same course across two periods; nothing taken before hire counts. DOCUMENTATION IS A LICENCE CONDITION, NOT A NICETY. §39-1119: “The owner or operator is responsible for maintaining documentation of each staff member’s training.” IDAPA 16.06.03.200 requires a current list covering the previous twelve-month period of all staff and all other individuals 13+ who have unsupervised direct contact with children or are regularly on the premises, and that record must contain “04. Training Records” alongside legal name, proof of age, phone number, background-check clearance verification, juvenile justice results, CPR/first-aid verification, and “08. Times, Dates, and Records of Hours on the Premises Each Day.”
THE SUBSIDY NUMBER — TRIPLE. IDAPA 16.06.12.803 (Idaho Child Care Program): “CHILD CARE PROVIDER TRAINING REQUIREMENTS. Each child care provider must receive and ensure that each staff member who provides child care receives and completes TWELVE (12) HOURS of ongoing training every twelve (12) months after the staff member’s date of hire.” 803.01: “Training Contents. Training must be related to continuing education in child development, teaching and curriculum, health and safety, and business practices. PEDIATRIC RESCUE BREATHING (CPR) AND PEDIATRIC FIRST AID TREATMENT TRAINING WILL NOT COUNT TOWARDS the required twelve (12) hours of annual training.” 803.02: “It is the responsibility of the child care provider to ensure that each staff member who provides child care has completed twelve (12) hours of training each year. The training must be documented in the staff member’s record.” 803.03: “Each child care provider is responsible for maintaining documentation of staff’s training and must produce this documentation when the provider agreement is renewed ANNUALLY.” That last clause is a second, separate calendar: the ICCP provider agreement renews yearly even though the daycare LICENCE runs two years.
So the honest answer for an Idaho home provider: 4 hours/year minimum to keep the licence; 12 hours/year if you accept ICCP families; CPR and first aid are on top of the 12 and cannot be used to fill it; keep the certificates in each staff member’s file for at least the previous twelve months.
Background checks
REQUIRED, FINGERPRINT-BASED, ‘ENHANCED’, AND CLEARED BEFORE YOU MAY OPERATE. Four instruments stack: Idaho Code §39-1105, Idaho Code Title 56 Chapter 27, IDAPA 16.06.03.009, and IDAPA 16.05.06. WHO. §39-1105(1), as amended by 2026 ch. 220, sec. 7: “All owners, operators, and employees of a daycare facility who have direct contact with children AND ALL OTHER INDIVIDUALS THIRTEEN (13) YEARS OF AGE OR OLDER who have unsupervised direct contact with children OR ARE REGULARLY ON THE PREMISES of a daycare facility shall complete and pass a criminal history and background check in conformance with chapter 27, title 56, Idaho Code, AT LEAST EVERY FIVE (5) YEARS.” IDAPA 16.06.03.009.02 restates it as an application requirement: each owner, operator or applicant “must submit evidence that the following individuals successfully completed and received a clearance for a Department ENHANCED background check, at least every five (5) years, under Sections 39-1105 and 39-1113, Idaho Code: a. Owners, operators, and staff; b. All other individuals thirteen (13) years old or older who have unsupervised direct contact with children; or c.
All other individuals thirteen (13) years old or older who are in the household or regularly on the premises.” Read (c) carefully if you run a home programme: your teenage children, an adult child living at home, a live-in parent, a partner, a regular weekend visitor — all of them. IDAPA 16.06.03.009.04 keeps the door open indefinitely: “The Department can require a background check AT ANY TIME on any individual who is an owner, operator, staff, household member of a daycare facility, and all other individuals who are thirteen (13) years old or older who have unsupervised direct contact with children or who are regularly on the premises.” IDAPA 16.05.06.195.04 says the same and adds a deadline: “Any individual required to complete a background check under these rules must be fingerprinted within FOURTEEN (14) DAYS from the date of notification by the Department.” MINORS 13–17 — THE JUVENILE JUSTICE OVERLAY, AND YOU PAY FOR IT. §39-1105(2): “Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.”
IDAPA 16.06.03.009.05 adds the geography and the bill: “Records must be checked for EACH JURISDICTION in which the individual has resided since becoming thirteen (13) through eighteen (18) years old. EACH OWNER, OPERATOR, OR APPLICANT IS RESPONSIBLE FOR REQUESTING a check of the juvenile justice record, THE ASSOCIATED COSTS of these records, and submitting them to the Department for review,” and the check must include “a. Juvenile justice records of adjudication of the magistrate division of the district court; b. County probation services; and c. Department records.” The form is the “Request Search Juvenile Records Form,” published by IDHW as “Authorization and request for search of juvenile justice records.” WHAT ‘ENHANCED’ MEANS. Licensed daycare is expressly on the enhanced list — IDAPA 16.05.06.126.10, “Licensed Day Care” (and 126.08, “Idaho Child Care Program (ICCP)”). IDAPA 16.05.06.010.12 defines it: “‘Enhanced Clearance.’ A clearance issued by the Department that includes a search of CHILD PROTECTION REGISTRIES IN STATES OR JURISDICTIONS IN WHICH AN APPLICANT RESIDED DURING THE PRECEDING FIVE (5) YEARS.”
IDAPA 16.05.06.126: “The following classes of individuals are required to provide their previous residence information for the preceding five (5) years in their application … If the applicant’s previous background check included checks of out-of-state Central Child Protection Registries within the previous six (6) months, the applicant is not required to complete them again.” 190.02.a: “A relevant record on ANY child protection registry will result in a denial.” The base check is fingerprint-based: IDAPA 16.05.06.010.06, “A criminal history and background check is a FINGERPRINT-BASED check of an individual’s criminal record and other relevant records”; Idaho Code §56-2702(1) (new in 2026 ch. 220): “To carry out the purposes of this chapter, the department shall submit fingerprints to the IDAHO STATE POLICE to process background checks through the STATE CRIMINAL HISTORY REPOSITORY and the FEDERAL BUREAU OF INVESTIGATION.” The Idaho Child Protection Central Registry check is separately priced at $20 per subject (IDAPA 16.05.06.125.02). MECHANICS AND MONEY. Apply on the IDHW website (IDAPA 16.05.06.120; Background Check Unit at healthandwelfare.idaho.gov/bcu).
Ten rolled fingerprints, either at a Department fingerprinting location or by mail on a federal FD-258 applicant card (16.05.06.140). Prints must reach the Department within 21 days and no later than 60 calendar days from the submission date, with no extension (16.05.06.150). The fee is “up to seventy dollars ($70) for an individual” and “the applicant is responsible for the cost”, plus any out-of-state records costs (16.05.06.050); fees become non-refundable once prints go to the Idaho State Police. IDAPA 16.06.03.009.06: “Each individual who requests and obtains a Department background check is responsible for the cost of the background check and check of juvenile justice records.” §39-1107(1) confirms this sits outside the licence fee: “Criminal history background check fees shall be in addition, but at actual cost.” THE THREE-YEAR TRANSFER RULE VS THE FIVE-YEAR RECHECK — these are two different clocks and conflating them is the classic Idaho error. TRANSFER: IDAPA 16.05.06.195.02, “Any agency may use a Department background check clearance obtained under these rules if: a. The individual has received a Department’s background check clearance WITHIN THREE (3) YEARS from the date of employment; b.
Prior to allowing the individual to provide services, the agency must AFFILIATE itself to the individual’s clearance through the Department’s website …; and c. The agency completes a STATE-ONLY background check of the individual through the Idaho State Police Bureau of Criminal Identification, and no disqualifying crimes are found,” with the affiliation “initiated by the agency within thirty (30) calendar days.” IDHW restates it: “A background check clearance completed within the last three years can be transferred to a new employer. When using a transferred department criminal history check clearance for licensing, the transferred clearance MUST BE AN ENHANCED CLEARANCE and the new employer must ALSO ensure that a new Idaho State Police NAME-BASED record check is completed with no disqualifying crimes found.” 195.02.f closes the loophole: a non-enhanced clearance cannot be carried into an enhanced-class agency. RECHECK: independently, §39-1105(1) and IDAPA 16.06.03.009.02 require a fresh check “at least every five (5) years.” 195 also notes that “verifiable continuous employment of the applicant with the same agency eliminates the requirement for a new background check” — read that against the five-year statutory floor, and re-check on the five-year cycle.
SELF-REPORTING AFTER CLEARANCE. IDAPA 16.06.03.009.08: “Following completion of a background check and clearance, additional criminal convictions, and juvenile justice adjudications for disqualifying crimes under Section 39-1113, Idaho Code, MUST BE SELF-DISCLOSED by the individual to the owner or operator … The owner or operator must report these additional convictions and adjudications to the Department WITHIN FIVE (5) DAYS of learning of the conviction or adjudication.” And IDAPA 420.04.d makes it a 24-hour critical incident to report “any arrests, citations, withheld judgments, or criminal convictions of disqualifying crimes under Section 39-1113, Idaho Code, of an operator or any individual regularly on the premises … and provide documentation that the individual is not working with children or is not on the premises.”
DISQUALIFIERS. §39-1113(3) is a PERMANENT bar list — “No person who pleads guilty to, has been found guilty of OR RECEIVED A WITHHELD JUDGMENT for any offense involving neglect or any physical injury to or other abuse of a child, including the following offenses or a similar provision in another jurisdiction, shall be eligible for a license” — running through felony injury to a child (§18-1501), sexual abuse of a child under 16 (§18-1506), ritualized abuse (§18-1506A), sexual exploitation of a child (§18-1507), lewd conduct (§18-1508), enticing of children (§§18-1509, 18-1509A), sale or barter of a child (§18-1511), murder, assault with intent to murder, voluntary manslaughter, rape, incest, forcible penetration by foreign object, abuse/neglect/exploitation of a vulnerable adult (§18-1505), arson (§§18-801–805), kidnapping (§§18-4501–18-4503), mayhem, robbery, first-degree stalking, video voyeurism, inducing a child into commercial sexual activity (§§18-5609, 18-5611), sexual abuse of an animal (§18-6602), sexual abuse of human remains (§18-6603), domestic violence under §18-918(2), “any felony punishable by death or life imprisonment,” “any offense requiring registration on a state sex offender registry or the national sex offender registry,” “a felony drug-related offense committed during the preceding five (5) years,” and attempt/conspiracy/accessory after the fact to any of them. §39-1113(4) is a FIVE-YEAR bar list: aggravated assault, aggravated battery, burglary, felony theft, forgery or fraudulent use of a financial transaction card, misappropriation of personal identifying information, insurance fraud, damage to insured property, public assistance fraud (§56-227), provider fraud (§56-227A), attempted strangulation (§18-923), and misdemeanor injury to a child under §18-1501(2). §39-1113(6): “A daycare facility license or privilege to operate a family daycare home shall be denied or revoked if a REGISTERED SEX OFFENDER RESIDES on the premises where daycare services are provided.” §39-1115(4) makes it a misdemeanor to provide daycare services at all with any §39-1113 offence.
And §39-1113(11): “The department shall not accept an application from any person, corporation, or partnership, including any managing employee, officer, owner, or spouse or partner of an owner of an entity, that has had a license denied or revoked until five (5) years has elapsed from the final date of the disciplinary action.” UNLICENSED HOMES ARE NOT EXEMPT. §39-1114(1) requires the §39-1105 check at FOUR or more children in a family daycare home; §39-1115(3) makes failing to do so a misdemeanor. IdahoSTARS: “If you are required to get an Idaho State Day Care License, or if you are LEGALLY EXEMPT FROM LICENSURE, you will need to get a Cleared Enhanced Background Check.” Private schools for 4–6 year olds and private kindergartens are also pulled back in by §39-1105(3) and IDAPA 16.06.03.009.07.
The application, step by step
Work through these in order — the prep packet turns them into a checklist you can tick off:
- STEP 0 — Work out which of Idaho’s THREE thresholds you cross, because they are 4, 7 and 13, not just 'six or seven'. Under 4 unrelated children for compensation: nothing at state level. FOUR or more in a family daycare home: no licence, but a cleared criminal history check is MANDATORY — Idaho Code §39-1114(1), 'Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check,' and operating without it is a misdemeanor under §39-1115(3) (curable if you apply within 20 days of an initial citation). SEVEN or more children not related to you, for compensation: a Basic Daycare License is required — §39-1102(5), §39-1103; IDHW: 'You will need to get a license if you: provide care for seven or more children, and receive compensation for providing care for one or more of those children.' THIRTEEN or more: you are a daycare center (§39-1102(4)) with higher fees and, in most cities, a conditional use permit. If you will serve fewer than seven you may still OPT IN — §39-1114(3): 'A family daycare home providing care for fewer than seven (7) children may elect to comply with the provisions of this chapter and upon a finding of compliance by the department, shall receive a basic daycare license.'
- STEP 1 — Go to your CITY or COUNTY planning and zoning office BEFORE you spend anything. IDHW's own instruction: 'Contact your city or county planning and zoning office to see if there are requirements that may prohibit your ability to comply with local ordinances and complete the licensing process.' Since 1 July 2025 cities can no longer LICENSE child care (House Bill 243, 2025 ch. 185, repealing §39-1108 'local option'; City of Boise: 'the city will no longer be allowed to license childcare workers or facilities starting 7/1/25'), but they absolutely still control ZONING, building and electrical permits and fire code, and the state application demands proof of local compliance — IDAPA 16.06.03.121.03.d, 'Local planning and zoning requirements. All daycare facilities must comply with applicable city and county ordinances.' Boise example: 1–6 children in a home needs no city application but you must sign and present the 'Signature Sheet - Home Occupation Child Daycare 1-6'; 7–12 children requires an approved ZONING COMPLIANCE REVIEW before you go to the licensing agency; Boise also imposes 100 sq ft outdoor play area and 35 sq ft indoor floor area per child. Also confirm your landlord or HOA permits it — IdahoSTARS: 'You may need approval from your Home Owners Association or landlord to operate a child care program in your home.'
- STEP 2 — Start the fingerprint background checks EARLY for yourself and for every person the rule captures, because you cannot be licensed or provide services until they clear. Apply on the IDHW Background Check Unit site (healthandwelfare.idaho.gov/bcu). Who: owners, operators and staff, plus 'all other individuals thirteen (13) years old or older who have unsupervised direct contact with children' and 'all other individuals thirteen (13) years old or older who are in the household or regularly on the premises' (IDAPA 16.06.03.009.02). You need an ENHANCED clearance (IDAPA 16.05.06.126.10, 'Licensed Day Care'), which searches child protection registries in every state you lived in during the preceding five years. Ten rolled fingerprints, at a Department location or by mail on an FD-258 card; prints must arrive within 21 days and no later than 60 calendar days (IDAPA 16.05.06.140, .150); fee up to $70 per person, applicant pays (16.05.06.050), plus $20 per Idaho Child Protection Central Registry check (16.05.06.125.02). For anyone aged 13–17 you must separately request and PAY FOR juvenile justice record searches in every jurisdiction they have lived in since turning 13 — magistrate division adjudications, county probation services and Department records — using the 'Authorization and request for search of juvenile justice records' form (§39-1105(2); IDAPA 16.06.03.009.05). Remember: 'Individuals applying for licensure or certification by the Department are not available to provide services or receive licensure or certification until the background check is complete and a clearance is issued' (IDAPA 16.05.06.170.02).
- STEP 3 — Take IN-PERSON pediatric certification. IDHW: 'Certifications in pediatric rescue breathing, infant-child CPR, and first aid treatment must be submitted with your license application. Certification needs to be completed through a course offered by a certified instructor. Online courses are not accepted.' Get it for every adult who will count toward the child:staff ratio, not just yourself — §39-1119: 'Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor.' If you will transport children, everyone who accompanies transport needs it too (Central District Health child care guidelines). Call 2-1-1 or 800-926-2588 and ask for a CCRC Resource Specialist to find an accepted course.
- STEP 4 — Book the FIRE INSPECTION with your local fire department or fire district and get the certificate. §39-1104(2)(a) requires 'a certificate of a fire inspection of the proposed center, conducted by a fire department or fire district official, establishing compliance with the standards specified in section 39-1109, Idaho Code.' IDAPA 16.06.03.360.01–.02: 'Inspections. Must be completed by the local fire official or designee' and 'Daycare Fire Inspection Fees. Are payable to the local fire department or fire district official' — this fee is separate from and additional to your $100 licence fee (Boise Fire currently charges $80). Pre-check the big three before they arrive: two exits at least half the building diagonal apart (max 75 ft, or 90 ft with full smoke detection, 110 ft with sprinklers) with sliding patio doors accepted as the second exit in a family daycare home or group daycare facility; egress windows in sleeping rooms of at least 5.7 sq ft net clear opening, minimum 24 in high, 20 in wide, sill not over 44 in; and two exits with one directly outside if children will be in a basement or on a story above exit discharge (IDAPA 360.03). A 2A-10BC extinguisher mounted no more than 5 ft off the floor and within 75 ft travel distance, an extinguisher or hood suppression in the kitchen, and smoke detectors outside and inside each sleeping area and on every story including the basement (IDAPA 362).
- STEP 5 — Assemble the paper. IDAPA 16.06.03.121 lists what the application must contain: '01. Completed Licensing Application. 02. Licensing Fee … 03. Inspection Reports' proving building code (IDAPA 24.39.30), electrical code (IDAPA 24.39.10), fire code (§41-253, Idaho Code) and local planning and zoning compliance; '04. Proof of Insurance. The applicant must provide proof of current FIRE AND LIABILITY insurance coverage for the daycare facility'; '05. Background Clearance'; '06. Statement to Comply' — you must 'thoroughly read and review these rules' and certify 'that they will not harm, shake, or abuse children, and that children in their care will not experience maltreatment under 45 CFR 98.41'; '07. Statement Disclosing Revocation or Disciplinary Actions' covering any jurisdiction, or a statement that there has never been any; and '08. Other Information as Requested.' You must be at least 18 (§39-1104(1); IDAPA 121).
- STEP 6 — Submit to IdahoSTARS, which is the intake gate: 'IdahoSTARS processes all state licensing applications for child care (daycare)'; IDHW: 'Customer support specialists with IdahoSTARS collect the documentation and assist the applicant through the state licensing process.' Apply at idahostars.org/Child-Care-Providers/Child-Care-Licensing, or call 800-926-2588 / 2-1-1, or email customersupport@idahostars.org (322 E Front St, Ste 200, Boise, ID 83702; 8 a.m.–6 p.m. MT Mon–Fri). Consider applying for the Idaho Child Care Program (ICCP) subsidy at the same time — IdahoSTARS: 'Licensing and ICCP share many of the same requirements. You can apply for ICCP at the same time you apply for state licensing.' Watch the clock: 'Failure of the applicant to complete the application process within six (6) months of the original date of application will result in a denial' (IDAPA 123.03), and 'Failure to cooperate means that the information requested is not provided within ninety (90) days' (IDAPA 123.01). §39-1104(4) is gentler on the same point: an application abandoned after six months 'shall be terminated' but 'An applicant whose application is abandoned, and subsequently terminated, may start a new application at any time.'
- STEP 7 — Pay the fee to your PUBLIC HEALTH DISTRICT, not to IDHW. 'Upon receipt of your application by IdahoSTARS, a referral will be made to your local public health district for the collection of the licensing fee. Your health district will then contact you with information on how to make your fee payment.' The amount for a home-based 7–12 group facility is $100 for the whole two-year licence (§39-1107(1); IDHW fee table). Background check fees are on top, 'at actual cost' (§39-1107(1)), and 'No other fees shall be charged for each license period.'
- STEP 8 — Pass the HEALTH AND SAFETY INSPECTION, which the Department orders only after the file is complete and paid: IDAPA 16.06.03.121.09, 'The Department will order a health and safety inspection of the daycare facility once the application for licensure is complete and the licensing fee has been paid.' §39-1104(2)(b) requires 'a health and safety inspection of the proposed facility conducted by a qualified inspector as designated by the department, establishing compliance with the standards specified in sections 39-1109 and 39-1110, Idaho Code.' Your health district contacts you. Prepare against IDAPA 380 and 381 and 400: approved water source (public system, or a private well/spring 'tested annually for bacteria and nitrate' and approved by the Department); at least one flushable toilet and one hand-washing sink with warm and cold water per restroom; safe sleep for infants up to 12 months — 'alone, on their backs, and in a Consumer Product Safety Commission (CPSC) certified sleep space'; separate cots/mats/beds and blankets; diaper changing separated from food areas with a hand-washing sink; food temperatures per IDAPA 16.02.19 (cold at or below 41°F, hot held at or above 135°F) with a thermometer in the refrigerator; medications 'in a locked box or otherwise inaccessible to children' and only administered with parent or caretaker authorization; firearms in a locked container with ammunition locked separately and keys inaccessible; hazardous materials in original containers out of reach; a totally smoke-free and alcohol-free and drug-free environment indoors, outdoors and in vehicles; stairways gated where children under three are in care; and a four-foot self-closing self-latching fence around any pool, hot tub, pond or other water, with door alarms if the house forms one side of the barrier and wading pools and buckets emptied when not in use.
- STEP 9 — Write the plans and put the records in place before the inspector arrives, because several are documentary rather than physical. A FIRE SAFETY AND EVACUATION PLAN covering evacuation procedures and accounting for staff and children, assembly point, exit locations, evacuation routes, and locations of fire alarms and extinguishers, 'reviewed or updated ANNUALLY and available in the facility'; drills 'at least two (2) times each year' with all staff and children participating (IDAPA 363). A DISASTER AND EMERGENCY PLAN covering 'evacuation, relocation, shelter-in-place, lock-down, communication and reunification with families, continuity of operations, and accommodation of infants and toddlers and children with disabilities or chronic medical conditions,' staff emergency-preparedness training and drills, continuation of services after the event, and response to food and allergic reaction emergencies (IDAPA 380.19). STAFF RECORDS for the previous 12 months for every staff member and every individual 13+ with unsupervised contact or regularly on the premises: legal name, proof of age, phone number, training records, background clearance verification, juvenile justice results, CPR/first-aid verification, and daily times, dates and hours on premises (IDAPA 200). CHILD RECORDS for the previous 12 months: full name, date of birth, parent/guardian name, address and contact, emergency contact, immunization record or exemption, medical conditions and allergies, medications, and daily sign-in/out with parent or guardian signature (IDAPA 201). Immunization records must be collected 'within fourteen (14) days of a child's initial attendance' and kept 'as long as the child attends the daycare facility, plus one (1) year after last attendance' (§39-1118(1)(a)).
- STEP 10 — Receive and POST the licence, then run the two-year clock. §39-1106(1): 'Upon receipt of the completed application, inspection certificates and the criminal history, the department shall, upon a finding of compliance with the standards set forth in this chapter, issue a basic daycare license to the applicant WITHIN SIXTY (60) DAYS. The license shall be valid for TWO (2) YEARS, unless suspended or revoked, and BE POSTED IN A CONSPICUOUS PLACE at the daycare facility.' IDAPA 123 adds that the Department 'will initiate action on each completed application within thirty (30) days after receipt.' If refused, 'An applicant whose application has been denied may not reapply until after one (1) year has elapsed from the date on the denial' (IDAPA 123.02) — and if a licence is denied or revoked, §39-1113(11) bars a new application for FIVE years. For renewal, IDHW notifies you at least 90 days before expiry (§39-1106(2); IDAPA 123.06) and you must submit the renewal application, fee and all required documentation 'at least forty-five (45) days prior to the expiration of the current daycare license' (IDAPA 121.10). A correctly completed renewal keeps the existing licence in force until the Department acts (IDAPA 121.11; §39-1106(5)). The licence is not portable: 'A license is nontransferable or assignable from one (1) individual to another, from one (1) business entity or governmental unit to another, or from one (1) location to another,' and on any change of ownership or location 'the daycare facility must reapply for a license. A license must be obtained before starting operations' (IDAPA 150.03–.04); you must physically return the licence on a change of management or address, on suspension or revocation, or on voluntary discontinuation (IDAPA 150.02).
- STEP 11 — Understand what continues after the licence issues. Health inspections are ANNUAL AND UNANNOUNCED: IDAPA 380, 'Health inspections must be conducted annually by a qualified inspector designated by the Department and will be unannounced.' Reinspection can happen any time and is free: §39-1104(3), 'The department may cause any daycare facility to be reinspected during the term of a license … No charge for any reinspection after the initial inspection in any license period shall be made to the daycare facility.' You must let them in: IDAPA 420.01, 'The owner, operator, or staff of a daycare facility must allow the Department access to the premises and records for reinspection at any time during the licensing period,' and §39-1110(9) bars denying access to health and safety inspectors. Parents have an absolute right of entry: §39-1112, 'Any parent or guardian shall have the absolute right to enter the premises of any facility during the period of care for the parent's or guardian's child or children. Any failure or refusal to allow entry to a parent or guardian may be grounds for suspension or revocation of the license.' CRITICAL INCIDENTS must be reported to the Department within 24 hours: hospitalisation of a child, death or near death of a child in care, a child missing from the facility, and arrests/citations/withheld judgments/convictions for §39-1113 disqualifying crimes of an operator or anyone regularly on the premises (IDAPA 420.04). Discipline is regulated by statute since 2025 — §39-1110A prohibits 'Any punishment inflicted on the body, including spanking,' cruel or unusual physical exercise, excessive physical labor, restraints, locking a child in a room or area, denying necessities including food, clothing, bedding, rest, toilet use, personal care and sanitation or entrance to the home or facility, and 'Mental or emotional cruelty or verbal abuse.'
What you must post on your walls
- THE LICENCE ITSELF, conspicuously. Idaho Code §39-1106(1): the basic daycare license 'shall be valid for two (2) years, unless suspended or revoked, and be POSTED IN A CONSPICUOUS PLACE at the daycare facility.'
- IDHW CONTACT INFORMATION AND THE STATEWIDE DAYCARE COMPLAINT NUMBER. IDAPA 16.06.03.420.02: 'Posting Information. A daycare must post the Department's contact information and the statewide number to file daycare complaints.' The statewide route IDHW publishes is the Idaho CareLine: 'Dial 2-1-1 or 800-926-2588', email careline@dhw.idaho.gov, fax 208-334-5531 (healthandwelfare.idaho.gov … /file-child-care-complaint). The rule does not prescribe wording or a poster; post both the Department contact and the 2-1-1 / 800-926-2588 complaint line where parents will see them.
- EMERGENCY PHONE NUMBERS BY THE TELEPHONE. IDAPA 16.06.03.381.01.b: 'Emergency phone numbers to include 911, an adult emergency substitute operator, and the address and phone number of the facility must be POSTED BY THE TELEPHONE or in a location that is easily and always visible.' Note the requirement to name a named adult emergency substitute operator, and to post your own street address — the point is that a panicking substitute or a 911 caller can read it off the wall. 381.01 also requires 'An operable telephone or cell phone must always be available in the facility' and 'The telephone number used must be made available to parents and guardians.'
- THE FIRE SAFETY AND EVACUATION PLAN, kept available in the facility. IDAPA 16.06.03.363 requires an approved plan containing evacuation procedures and accounting for staff and children, the evacuation plan and assembly point, locations of facility exits, evacuation routes, location of fire alarms and location of fire extinguishers; 363.07: 'Annual Review. Fire safety and evacuation plans must be reviewed or updated annually and AVAILABLE IN THE FACILITY for reference and review.' Drills at least twice a year with all staff and children participating (363.08).
- EXIT SIGNS — only at 50+ occupant load. IDAPA 16.06.03.361.03: 'Exit Signs. Must be installed at required exit doorways and wherever else necessary to clearly indicate the direction of egress' (within Subsection 361.02, 'Facilities with an Occupancy Load of Fifty or More'). A 7–12-child home will not normally reach this.
- FOR UNLICENSED FAMILY DAYCARE HOMES OF 4–6 CHILDREN — documents available on the premises rather than posted. Idaho Code §39-1114(2): 'The fire inspection certificate and the criminal history check shall be AVAILABLE FOR INSPECTION ON THE PREMISES.' Central District Health adds for licensed homes: 'Documentation of this clearance must be on-site and provided to the inspector during the initial and annual inspection.'
- IMMUNIZATION EXEMPTION LANGUAGE IN PARENT COMMUNICATIONS (a disclosure duty rather than a wall posting, but enforced the same way). Idaho Code §39-1118(3): 'Licensed daycare facilities shall DESCRIBE THE EXEMPTIONS provided in subsection (2) of this section and shall PROVIDE A CITATION TO THIS CODE SECTION in any communication to parents or guardians regarding immunization.' The exemptions are a physician's certificate that immunization 'would endanger the life or health of the child,' or a parent's signed statement 'stating their objections on religious or other grounds.'
- NOT A POSTING, BUT KEPT ON SITE AND PRODUCED ON DEMAND: staff records and child records for the previous twelve months (IDAPA 16.06.03.200 and .201), including daily sign-in/out with parent or guardian signature; and animal vaccination records, which 'will be made available to the Department upon request' (IDAPA 381.05). IDAPA 420.01 requires you to 'allow the Department access to the premises and records for reinspection at any time during the licensing period.'
Enrollment forms for each child
- Child Care Licensing Application — IDHW. Published by IDHW as 'Daycare licensing application'; the document's own title in the IDHW public document repository is 'Child Care Licensing Application', filed under \For Providers\Child Care\Forms & Applications\ (publicdocuments.dhw.idaho.gov, DocView id=1567, entry last modified 10/23/2020, read via document metadata 2026-08-25). Required by IDAPA 16.06.03.121.01 ('Completed Licensing Application') and §39-1104(1) ('shall submit an application on the forms provided by the department'). Submitted through IdahoSTARS, which 'processes all state licensing applications'.
- Request Search Juvenile Records Form — IDHW. Linked from IDHW as 'Authorization and request for search of juvenile justice records' (publicdocuments.dhw.idaho.gov, DocView id=1569, entry last modified 12/28/2023). Needed for every individual aged 13–17 who is staff, a household member, or regularly on the premises. Required by §39-1105(2) and IDAPA 16.06.03.009.05, which also makes the applicant responsible for requesting the records, paying for them, and submitting them to the Department, for EACH jurisdiction the minor has lived in since turning 13.
- Idaho State Police name-based criminal background check form ('NameCheck') — Idaho State Police, hosted at isp.idaho.gov (linked from IDHW's child care resources page as 'Idaho State Police name-based criminal background check form', file NameCheck6.22.2017.pdf). This is NOT a substitute for the fingerprint check; it is the additional state-only check an employer must run when relying on a TRANSFERRED clearance — IDAPA 16.05.06.195.02.c, 'The agency completes a state-only background check of the individual through the Idaho State Police Bureau of Criminal Identification, and no disqualifying crimes are found,' initiated within 30 calendar days; IDHW: 'the new employer must also ensure that a new Idaho State Police name-based record check is completed with no disqualifying crimes found.'
- Fire Safety Inspection Checklist — IDHW. Linked from IDHW as 'Fire safety inspection for state daycare licensing' (publicdocuments.dhw.idaho.gov, DocView id=1564; document title 'Fire Safety Inspection Checklist'; entry last modified 6/2/2026). Completed by the local fire official or designee (IDAPA 16.06.03.360.01) and submitted with the application; §39-1104(2)(a) requires 'a certificate of a fire inspection … conducted by a fire department or fire district official'.
- Department fingerprint-based background check application — submitted ONLINE on the IDHW website, not on paper: IDAPA 16.05.06.120, 'Individuals who are subject to a background check must submit their application on the Department website' (healthandwelfare.idaho.gov/bcu). Ten rolled fingerprints follow, either at a Department fingerprinting location or by mail on a federal FD-258 Applicant fingerprint card (IDAPA 16.05.06.140).
- Proof of current FIRE AND LIABILITY insurance — not an IDHW form but a mandatory attachment: IDAPA 16.06.03.121.04, 'Proof of Insurance. The applicant must provide proof of current fire and liability insurance coverage for the daycare facility'; IDHW, 'Proof of liability and fire insurance … must be submitted with the license application.'
- Local compliance documentation — building code (IDAPA 24.39.30), electrical code (IDAPA 24.39.10), fire code (§41-253, Idaho Code) and planning and zoning proof, per IDAPA 16.06.03.121.03. In Boise this is the 'Signature Sheet - Home Occupation Child Daycare 1-6' for 1–6 children, or an approved Zoning Compliance Review application for 7–12 children, plus the city's 'CHILD DAYCARE Planning and Building Local Compliance Form'. Every city differs; ask yours.
- Statement to Comply and Statement Disclosing Revocation or Disciplinary Actions — components of the application under IDAPA 16.06.03.121.06 and .121.07. The first requires you to certify you have 'thoroughly read and review[ed] these rules' and 'that they will not harm, shake, or abuse children, and that children in their care will not experience maltreatment under 45 CFR 98.41'. The second requires 'A written statement that discloses any revocation or other disciplinary action taken or in the process of being taken against the applicant as a daycare provider in any jurisdiction, or a statement from the applicant stating they have never been involved in any such action.'
- Child Care Record Requirements — IDHW guidance document (publicdocuments.dhw.idaho.gov, DocView id=1565, title 'Child Care Record Requirements', entry last modified 1/7/2026), linked by IDHW as the 'complete list of record requirements'. Not a form you file, but the checklist against which IDAPA 16.06.03.200 (staff records) and .201 (child records) are inspected.
- Criminal History Compliance Facts and Guidelines — IDHW guidance document linked from the IDHW licensing page (publicdocuments.dhw.idaho.gov, DocView id=1563). NOTE: the repository served no document title for this entry on 2026-08-25 (see verify_flag); the title given here is the link text used by IDHW.
- IF YOU TAKE SUBSIDY: the ICCP Child Care Provider Agreement — IDAPA 16.06.12.804.01, 'All providers must sign and comply with a provider agreement,' renewed annually, at which point you must 'produce documentation' of each staff member's 12 hours of training (IDAPA 16.06.12.803.03). Also on IDHW's commonly-requested list: the 'Monthly dependent care form'.
What's specific about getting licensed in Idaho
Idaho is one of the few states where a genuine home daycare can need NO state license at all: IDHW only licenses a 'daycare facility' of 7 or more UNRELATED children (confirmed by IDHW), so a provider caring for 6 or fewer is statutorily exempt from state licensing and answers only to city/county rules. The path forks entirely on head-count — ≤6 unrelated kids = local city/county family-home licensing (Boise, Meridian, etc. run their own); 7-12 = a state 'Basic Daycare License' as a Group Daycare Facility; 13+ = a daycare center. Idaho also counts only children NOT related to you within the second degree, so your own kids and grandkids never count against the limit. And instead of age-band ratios, Idaho runs a point budget per staff member (about 12 points, so a single adult may legally supervise roughly six infants). The trap most providers miss: assuming 'home daycare = state license,' then either wrongly skipping the mandatory local city license or wrongly applying to the state when they're actually exempt.
Common mistakes when getting licensed in Idaho
'Home daycare' often means NO state license — but a city one instead
If you care for 6 or fewer unrelated children you are exempt from IDHW state licensing entirely (confirmed by IDHW: the state license threshold is 7 or more children for compensation). That is not a free pass — many Idaho cities and counties license family daycare homes locally, with their own application, fire/zoning inspection, and fee. Check your city clerk BEFORE assuming the state process applies to you.
Your own children don't count — everyone else's do
The child count is only for children NOT related to you (within the second degree of relationship, by blood, marriage, or legal guardianship) — confirmed by IDHW. Miscounting is what pushes providers unknowingly over the 6-child line into mandatory state licensing (or over 12 into center rules), so track unrelated heads precisely, including part-time and drop-in kids.
CPR and first aid MUST be in person
Idaho requires current pediatric rescue-breathing/CPR and pediatric first-aid certification from a certified instructor, submitted with the application; IDHW explicitly rejects online-only courses (confirmed on the DHW provider page). Book an in-person class early — it is a common last-minute blocker.
Confirm the current numbers — standards sit in both statute and rule
Idaho's detailed child-care standards live in BOTH Idaho Code Title 39, ch. 11 and the administrative rule IDAPA 16.06.03, and recent legislation has been moving figures between them. Specific numbers — exact staff:child point values, group-size caps, and pre-service requirements — may differ between statute and current rule, so always confirm against the current IDAPA 16.06.03 and IdahoSTARS before relying on any single figure.
How long it takes and what it costs in Idaho
Timeline: Plan roughly 1-3 months. The long poles are the in-person CPR/first-aid course and the criminal-history clearance (state + FBI results can take a few weeks). Once your application, inspections, and background checks are complete, IDHW reviews and, on a finding of compliance, issues the Basic Daycare License. Add extra lead time if you are ≤6 children and must instead obtain a city/county family-home license first.
Cost: State licensing fee for a home-based Group Daycare Facility (7-12 children) is $100, collected by your local public health district (confirmed by IDHW; centers are $250 for 13-25 and $325 for 26+). Add: fingerprint/criminal background-check fees via Idaho State Police + FBI (varies — confirm with ISP); an in-person pediatric CPR/first-aid course (commonly ~$70-100 — varies by provider); a fire safety inspection; and any liability insurance. If you instead fall under a city/county family daycare home license (≤6 children), that local fee varies — confirm with your city.
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Build my Idaho packet →Idaho home daycare licensing — FAQ
How many children can I care for in a Idaho home daycare?
HOME-BASED LICENSED TIER: 7 to 12 children. §39-1102(9): “‘Group daycare facility’ means a home, place, or facility providing daycare for seven (7) to twelve (12) children.” Below that, §39-1102(8): “‘Family daycare home’ means a home, place, or facility providing daycare for six (6) or fewer children” — no state LICENCE, but see the 4-child background-check duty below. At 13+, §39-1102(4), you are a “daycare center,” which is a different fee and, in most Idaho cities, a different zoning instrument. THE COUNTING QUESTION — WHICH CHILDREN COUNT? This is where Idaho is genuinely unsettled and where a wrong answer is expensive. Two provisions pull in opposite directions and you must give a client both. (A) FOR THE LICENSURE THRESHOLD, related children are excluded by definition. §39-1102(5) counts “seven (7) or more children NOT RELATED TO THE PROVIDER,” and §39-1102(3) defines “daycare” itself as care “for a child or children NOT RELATED BY BLOOD, MARRIAGE OR LEGAL GUARDIANSHIP to the person or persons providing the care.” §39-1103(5) removes “care for children of a family within the second degree of relationship” from the chapter altogether.
On the face of these, your own children and grandchildren do not push you over the 7-child licensing line. (B) FOR RATIO AND ATTENDANCE, the 2025 text counts EVERY child in attendance, with no relation exception. §39-1109(4)(b), as amended by 2025 ch. 185 and 2025 ch. 186: “EACH CHILD IN ATTENDANCE shall be counted by the department for purposes of calculating maximum allowable points, COUNTING THE NUMBER OF CHILDREN IN ATTENDANCE and for determining compliance with child:staff ratios.” There is no “not related to the provider” qualifier anywhere in §39-1109(4). (C) THE LEGISLATURE TRIED TO FIX (B) IN 2026 AND THE GOVERNOR VETOED IT. House Bill 758 (2026) was captioned “to establish an exception regarding children to be counted in attendance at a daycare”; its Statement of Purpose says it “clarifies that an in-home day care provider does not need to count their own school age children for the purposes of licensing.” It passed both chambers and was “Returned from Governor vetoed on April 28, 2026.” THEREFORE: as of 2026-08-25, Idaho law contains NO express statutory exception for the provider’s own school-age children in the §39-1109(4)(b) attendance/ratio count, and the fact that the legislature thought one was needed is strong evidence the Department reads (B) literally.
Do not tell an Idaho provider flatly that “your own children never count.” Tell them: they do not count toward the 7-child LICENSING threshold (§39-1102(3),(5); §39-1103(5)), but §39-1109(4)(b) says every child in attendance is counted for POINTS and RATIO, the 2026 exception failed by veto, and they should get the Department’s current written position in writing before they build a business plan on it. THE SECOND HARD CAP — THE FIRE OFFICIAL’S OCCUPANT LOAD. Even inside 7–12, your real ceiling can be lower. IDAPA 16.06.03.361: “FACILITY CAPACITY AND DETERMINING OCCUPANT LOAD. Occupant load is determined by the local fire official or designee.” 361.01: “Area for Daycare Use Only. The local fire official or designee will only use those areas used for daycare purposes when determining the occupant load.” So square footage actually dedicated to care, not the size of the house, sets the number. Two structural gates sit under this: IDAPA 360.03.b requires “at least two (2) exits located a distance apart of not less than one-half (1/2) the diagonal dimension of the building or portion used for daycare, but not to exceed seventy-five (75) feet” (extendable to 90 ft with full smoke-detector coverage, 110 ft with automatic sprinklers), with a family-daycare-home and group-daycare-facility-only concession that “sliding patio doors will be accepted as a required second exit.”
And IDAPA 360.03.e: “Where children are located on a story below the level of exit discharge (basement), there must be at least two (2) exits, one (1) of which must open directly to the outside”; 360.03.f imposes the same on any story above exit discharge. IdahoSTARS states the practical version: “The facility must have at least two exits” and “You cannot provide care in a basement or second story without an approved fire exit.” THE THIRD CAP — THE POINT BUDGET. §39-1109(4)(a) caps you at twelve (12) points per staff member. A solo home provider with only infants is capped at SIX children (2 points each), not twelve, regardless of the 7–12 licence tier. See ratios for the full arithmetic. THE FEE LADDER TRACKS THE HEAD COUNT. §39-1107(1): “The total fee to be assessed for a daycare license shall not exceed three hundred twenty-five dollars ($325) for daycare centers with more than twenty-five (25) children in attendance at any given time, two hundred fifty dollars ($250) for daycare centers with thirteen (13) to twenty-five (25) children in attendance at any given time and one hundred dollars ($100) for all other daycare facilities.
Criminal history background check fees shall be in addition, but at actual cost. No other fees shall be charged for each license period.” IDHW publishes it as a table: Large center 26+ = $325; Small center 13–25 = $250; Group facility 7–12 = $100; All other daycare facilities = $100. A home-based 7–12 provider therefore pays $100 for a TWO-YEAR licence, plus background-check costs at actual cost, plus the local fire inspection fee paid to the fire department (IDAPA 360.02), plus any city fees (Boise Fire: $80). AND THE FLOOR NOBODY QUOTES: FOUR. §39-1114(1): “Any person providing daycare for four (4) or more children in a family daycare home shall not be required to be licensed, but shall comply with the requirements of section 39-1105, Idaho Code, for a criminal history check.” Operating a 4-, 5- or 6-child home without that cleared check is a misdemeanor under §39-1115(3), curable within 20 days of an initial citation. §39-1114(2) adds that for these unlicensed homes “Fire inspections may be conducted by department designated health and safety inspectors where necessary. The fire inspection certificate and the criminal history check shall be available for inspection on the premises.”
And §39-1113(6) reaches unlicensed homes too: “A daycare facility license or PRIVILEGE TO OPERATE A FAMILY DAYCARE HOME shall be denied or revoked if a registered sex offender resides on the premises where daycare services are provided.”
What are the adult-to-child ratios for a home daycare in Idaho?
IDAHO DOES NOT USE AGE-BAND RATIOS. It uses a POINT BUDGET, set in statute, not in rule. IDAPA 16.06.03 contains no ratio section at all — I read the whole chapter (sections 000, 001, 009, 121, 123, 150, 200, 201, 360–363, 380, 381, 400, 420) on 2026-08-25 and there is none.
The ratio lives entirely in Idaho Code §39-1109(4), as rewritten by 2025 ch. 185 and 2025 ch. 186. Verbatim: §39-1109(4)(a): “The maximum allowable child:staff ratio shall be a maximum of TWELVE (12) POINTS PER STAFF MEMBER using the following point system: (i) Each child in attendance under the age of twenty-four (24) months shall equal TWO (2) POINTS. (ii) Each child in attendance from twenty-four (24) months to under thirty-six (36) months of age shall equal ONE AND THIRTY-THREE HUNDREDTHS (1.33) POINTS. (iii) Each child in attendance from thirty-six (36) months to under five (5) years of age shall equal NINE HUNDRED TWENTY-THREE THOUSANDTHS (0.923) OF A POINT. (iv) Each child in attendance from five (5) years to under thirteen (13) years of age shall equal FORTY-EIGHT HUNDREDTHS (0.48) OF A POINT.” §39-1109(4)(b): “Each child in attendance shall be counted by the department for purposes of calculating maximum allowable points, counting the number of children in attendance and for determining compliance with child:staff ratios.” §39-1109(4)(c): “Daycare facilities may operate with child:staff ratios MORE STRINGENT than those specified in paragraph (a) of this subsection.” (More stringent is allowed; more permissive is not.) THE ARITHMETIC, PER STAFF MEMBER (12 ÷ points, rounded DOWN to whole children): • Under 24 months: 12 ÷ 2 = 6 infants. • 24 to under 36 months: 12 ÷ 1.33 = 9.02 → 9 toddlers. • 36 months to under 5 years: 12 ÷ 0.923 = 13.0 → 13 preschoolers (but a home-based group daycare facility is capped at 12 by §39-1102(9), so the licence tier binds first). • 5 to under 13 years: 12 ÷ 0.48 = 25 school-agers (again, capped at 12 in a home).
MIXED GROUPS — the point system is what makes Idaho workable and what trips people up. Example for a solo home provider: 2 infants (2×2 = 4.0) + 2 two-year-olds (2×1.33 = 2.66) + 3 four-year-olds (3×0.923 = 2.769) + 5 school-agers (5×0.48 = 2.40) = 11.829 points — legal on one staff member, and 12 children, exactly at the group daycare facility ceiling. Add one more infant and you are at 13.829 points, which requires a second staff member AND exceeds the 7–12 tier. Providers should keep this calculation written down per session; it is the number an inspector reproduces. THE ABSOLUTE FLOOR: §39-1109(3): “At least one (1) adult employee must be present at all times when a child or children are in attendance.” Note “ADULT” here, against §39-1102(17)’s definition of “staff” as anyone 16 or older — a 16- or 17-year-old can count in the ratio as staff but cannot be the only person present. CERTIFICATION IS BUILT INTO THE RATIO. §39-1119, second sentence: “Each staff member COUNTING TOWARD THE CHILD:STAFF RATIO shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor.”
That is stricter than the older §39-1109(1)(g) floor, which still reads: “The owner or operator of a daycare facility shall ensure that at all times when a child or children are present, AT LEAST ONE (1) adult employee on the premises has current certification in pediatric rescue breathing and first aid treatment from a certified instructor.” Read together: at minimum one certified adult on premises at all times, and in practice EVERY person you are counting in the point budget must be certified. Water activities have their own overlay — IDAPA 16.06.03.400.06.d: “Children will be under direct supervision of adult staff who are certified in pediatric CPR and pediatric first aid while using a bathtub, pool, hot tub, pond, or other body of water”; §39-1109(1)(f)(iv): “Children must be under direct supervision of at least one (1) adult employee while using a pool, hot tub, pond or other body of water.” SLEEPING CHILDREN. §39-1109(5): “Sleeping children must be within SIGHT and normal hearing range of a provider.” Reinforced by §39-1102(18)(c) (“notwithstanding paragraph (b) … for all children while sleeping … a provider is within sight and normal hearing range”). A video monitor does NOT satisfy this: the 2026 bill that would have permitted “a videoing device to monitor a sleeping child” (H0758) was vetoed 28 April 2026. This is the single most burdensome practical rule for an Idaho home provider running naptime while doing anything else.
OVERNIGHT CARE. §39-1109(6): “For daycare facilities providing overnight care of children: (a) A sleeping child shall sleep on the same level as a staff member; (b) At least one (1) staff member shall be awake and on duty; (c) Sleeping children shall have separate cots, mats, or beds and blankets; and (d) A child shall not share a bed with a non-parent adult.” SUBSIDY OVERLAY. If you take Idaho Child Care Program (ICCP) subsidy, IDAPA 16.06.12.802.01 adds: “All child care providers providing services must be eighteen (18) years old or older. Persons sixteen (16) or seventeen (17) years old may provide child care if they have direct, on-site supervision from a licensed child care provider who is at least eighteen (18) years old.” WARNING ABOUT THE POINT VALUES YOU WILL FIND ELSEWHERE. The “Idaho District Health Department Child Care Guidelines” PDF that IdahoSTARS itself links from its licensing page (Central District Health, idahostars.org/portals/61/Docs/Providers/ICCP/CCMMGuidelines.pdf, read 2026-08-25) states the point values as “Zero to less than 24 months is equal to 2 points. 24 months to under 36 months is equal to 1 1/2 points. 36 months to under 5 years old is equal to 1 point. 5 years old to under 13 years of age is equal to a 1/2 point.”
THREE OF THOSE FOUR NUMBERS ARE WRONG against current §39-1109(4)(a) (1.33 not 1.5; 0.923 not 1; 0.48 not 0.5). The same PDF also cites “IDAPA 16.06.02 – Rules Governing Standards for Child Care Licensing” (a chapter that is now Foster Care Licensing) and tells providers “Local jurisdictions (cities) that require child care licensing may have more stringent requirements” — which HB 243 abolished on 1 July 2025. Use the statute, not this handout.
What training do I need to run a home daycare in Idaho?
Before you can be licensed: IDAHO SETS NO PRE-SERVICE CLOCK-HOUR REQUIREMENT FOR STATE LICENSURE. There is no orientation-hour number, no ECE credential requirement, no director qualification, and no health-and-safety curriculum in Title 39 Chapter 11 or in IDAPA 16.06.03. I read both in full on 2026-08-25. What Idaho requires BEFORE the licence issues is narrower and concrete: 1. AGE. §39-1104(1): “A person who wishes to operate a daycare facility shall be a minimum of eighteen (18) years of age.” IDAPA 16.06.03.121: “Any individual applying for licensure as a daycare facility must be at least eighteen (18) years old.” 2. IN-PERSON PEDIATRIC CERTIFICATION, SUBMITTED WITH THE APPLICATION. IDHW states it as a flat rule: “Certifications in pediatric rescue breathing, infant-child CPR, and first aid treatment must be submitted with your license application. Certification needs to be completed through a course offered by a certified instructor. ONLINE COURSES ARE NOT ACCEPTED” (healthandwelfare.idaho.gov, Becoming a Child Care Provider, page last updated 5-27-2026). IdahoSTARS: “All providers, owners, and staff who provide direct care to children must have current certification in pediatric rescue breathing (CPR) and pediatric first aid from a certified instructor.”
The statutory hooks are §39-1109(1)(g) (“at least one (1) adult employee on the premises has current certification in pediatric rescue breathing and first aid treatment from a certified instructor”) and §39-1119 (“Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor”). The record-keeping hook is IDAPA 16.06.03.200.07: staff records must contain “Verification of Pediatric Rescue Breathing, Infant-Child CPR, and Pediatric First Aid Certification from a Certified Instructor.” IdahoSTARS will help you find an accepted course: “For assistance with the obtaining pediatric CPR and pediatric first aid, contact your local CCRC office by calling the Idaho CareLine at 2-1-1 or 1-800-926-2588. Ask to speak with a Resource Specialist.” Central District Health adds the transport rule: “If the facility provides transportation of children outside the facility at any time, persons that accompany the transportation must be currently certified in pediatric CPR/FA.” 3. A SIGNED STATEMENT THAT YOU HAVE READ THE RULES.
IDAPA 16.06.03.121.06: “Statement to Comply. As part of the application, the applicant must THOROUGHLY READ AND REVIEW THESE RULES and agree that they are prepared to comply with all provisions. Providers must also certify that they will not harm, shake, or abuse children, and that children in their care will not experience maltreatment under 45 CFR 98.41.” This is Idaho’s functional substitute for a pre-service course, and it is a signed attestation — treat the rule text as required reading. 4. A CLEARED BACKGROUND CHECK BEFORE YOU MAY PROVIDE SERVICES. Unlike employees of many other provider types, a licensure applicant gets NO provisional start. IDAPA 16.05.06.170.02: “Individuals applying for licensure or certification by the Department are NOT AVAILABLE to provide services or receive licensure or certification until the background check is complete and a clearance is issued by the Department,” and the list of those who must be cleared first expressly includes “Department-licensed child care providers.” THE PRE-SERVICE REQUIREMENT THAT DOES EXIST — AND ONLY IF YOU TAKE SUBSIDY.
If you enrol in the Idaho Child Care Program (ICCP, the CCDF subsidy programme), IDAPA 16.06.12.801 imposes a genuine orientation package: “HEALTH AND SAFETY TRAINING. All child care providers must complete a series of health and safety trainings during an ORIENTATION PERIOD OF NOT MORE THAN NINETY (90) DAYS, in addition to ongoing annual training, that address each of the following topics:” and then lists ten: “01. Infectious Diseases. The prevention and control of infectious diseases (including immunization). 02. Sudden Infant Death Syndrome. The prevention of sudden infant death syndrome and use of safe sleeping practices. 03. Medication. The administration of medication, consistent with standards for parental consent. 04. Allergic Reactions. The prevention of and response to emergencies due to food and allergic reactions. 05. Environmental Safety. Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic. 06. Child Abuse Prevention. Prevention of shaken baby syndrome, abusive head trauma, child maltreatment, and recognition and reporting of child abuse and neglect. 07. Emergency Preparedness.
Emergency preparedness and response planning for emergencies resulting from a natural disaster, or a man-caused event. 08. Hazardous Substances. Proper handling, storage, and disposal of medicines, cleaning supplies, and other hazardous substances, including biocontaminants. 09. Transportation. Appropriate precautions in transporting children, including the use of child safety restraints and seat belts. 10. Child Development. Address major domains such as cognitive, social, emotional, physical development, and approaches to learning.” IDHW describes the delivery: “Child care providers participating in the Idaho Child Care Program (ICCP) are required to complete a series of FREE ONLINE COURSES designed to cover a variety of health and safety topics for providers in Idaho.” Note the asymmetry that catches people: the ICCP health-and-safety series may be taken online, but the CPR/first-aid certification for LICENSING may not. IDHW also tells applicants to do the local homework first, and to do it before spending money: “Contact your city or county planning and zoning office to see if there are requirements that may prohibit your ability to comply with local ordinances and complete the licensing process.”
IdahoSTARS adds two non-obvious pre-checks: “You may need approval from your Home Owners Association or landlord to operate a child care program in your home” and “If you are on well water, contact your local health district for information and assistance to ensure your water is from an approved source and free of contamination.” Ongoing training: FOUR (4) HOURS EVERY 12 MONTHS for state licensing — TWELVE (12) HOURS if you take subsidy. Both numbers are real and they apply to the same person simultaneously; the subsidy figure swallows the licensing figure but has different content rules. THE LICENSING NUMBER. Idaho Code §39-1119 (“Training requirements”), as amended by 2025 ch. 186, sec. 7, in full: “The owner or operator of a daycare CENTER shall ensure that each employee receives four (4) hours of ongoing training in child development areas related to daycare every twelve (12) months after the employee’s hire date. Each staff member counting toward the child:staff ratio shall have current certification in pediatric rescue breathing and pediatric first aid from a certified instructor.
The owner or operator is responsible for maintaining documentation of each staff member’s training.” §39-1102(19) defines the currency: “‘Training’ means continuing education in child development areas relating to child care.” A DRAFTING WRINKLE YOU SHOULD KNOW ABOUT AND NOT PANIC OVER: the amended statute says “daycare CENTER,” which §39-1102(4) defines as 13+ children — read hyper-literally, the 4-hour duty would not reach a 7–12-child group daycare facility. IDHW does NOT read it that way. Its licensing page states: “For state licensing, each owner or operator of a FACILITY licensed by the department must receive and ensure that each staff member receives and completes four hours of ongoing training every 12 months after the staff member’s date of hire” (page last updated 5-27-2026). Comply with the 4 hours whatever your size; the Department’s published position is the one an inspector will apply. HOW THE CLOCK RUNS. IDHW: “For state licensing, the training will count if the staff member takes the training AFTER THEIR HIRE DATE. It will be credited for the licensing period in which the training was taken and will only count ONE TIME.”
So: measured from each individual’s hire anniversary, not the licence year; no double-crediting the same course across two periods; nothing taken before hire counts. DOCUMENTATION IS A LICENCE CONDITION, NOT A NICETY. §39-1119: “The owner or operator is responsible for maintaining documentation of each staff member’s training.” IDAPA 16.06.03.200 requires a current list covering the previous twelve-month period of all staff and all other individuals 13+ who have unsupervised direct contact with children or are regularly on the premises, and that record must contain “04. Training Records” alongside legal name, proof of age, phone number, background-check clearance verification, juvenile justice results, CPR/first-aid verification, and “08. Times, Dates, and Records of Hours on the Premises Each Day.” THE SUBSIDY NUMBER — TRIPLE. IDAPA 16.06.12.803 (Idaho Child Care Program): “CHILD CARE PROVIDER TRAINING REQUIREMENTS. Each child care provider must receive and ensure that each staff member who provides child care receives and completes TWELVE (12) HOURS of ongoing training every twelve (12) months after the staff member’s date of hire.” 803.01: “Training Contents.
Training must be related to continuing education in child development, teaching and curriculum, health and safety, and business practices. PEDIATRIC RESCUE BREATHING (CPR) AND PEDIATRIC FIRST AID TREATMENT TRAINING WILL NOT COUNT TOWARDS the required twelve (12) hours of annual training.” 803.02: “It is the responsibility of the child care provider to ensure that each staff member who provides child care has completed twelve (12) hours of training each year. The training must be documented in the staff member’s record.” 803.03: “Each child care provider is responsible for maintaining documentation of staff’s training and must produce this documentation when the provider agreement is renewed ANNUALLY.” That last clause is a second, separate calendar: the ICCP provider agreement renews yearly even though the daycare LICENCE runs two years. So the honest answer for an Idaho home provider: 4 hours/year minimum to keep the licence; 12 hours/year if you accept ICCP families; CPR and first aid are on top of the 12 and cannot be used to fill it; keep the certificates in each staff member’s file for at least the previous twelve months.
What background checks does Idaho require?
REQUIRED, FINGERPRINT-BASED, ‘ENHANCED’, AND CLEARED BEFORE YOU MAY OPERATE. Four instruments stack: Idaho Code §39-1105, Idaho Code Title 56 Chapter 27, IDAPA 16.06.03.009, and IDAPA 16.05.06. WHO. §39-1105(1), as amended by 2026 ch. 220, sec. 7: “All owners, operators, and employees of a daycare facility who have direct contact with children AND ALL OTHER INDIVIDUALS THIRTEEN (13) YEARS OF AGE OR OLDER who have unsupervised direct contact with children OR ARE REGULARLY ON THE PREMISES of a daycare facility shall complete and pass a criminal history and background check in conformance with chapter 27, title 56, Idaho Code, AT LEAST EVERY FIVE (5) YEARS.” IDAPA 16.06.03.009.02 restates it as an application requirement: each owner, operator or applicant “must submit evidence that the following individuals successfully completed and received a clearance for a Department ENHANCED background check, at least every five (5) years, under Sections 39-1105 and 39-1113, Idaho Code: a. Owners, operators, and staff; b. All other individuals thirteen (13) years old or older who have unsupervised direct contact with children; or c.
All other individuals thirteen (13) years old or older who are in the household or regularly on the premises.” Read (c) carefully if you run a home programme: your teenage children, an adult child living at home, a live-in parent, a partner, a regular weekend visitor — all of them. IDAPA 16.06.03.009.04 keeps the door open indefinitely: “The Department can require a background check AT ANY TIME on any individual who is an owner, operator, staff, household member of a daycare facility, and all other individuals who are thirteen (13) years old or older who have unsupervised direct contact with children or who are regularly on the premises.” IDAPA 16.05.06.195.04 says the same and adds a deadline: “Any individual required to complete a background check under these rules must be fingerprinted within FOURTEEN (14) DAYS from the date of notification by the Department.” MINORS 13–17 — THE JUVENILE JUSTICE OVERLAY, AND YOU PAY FOR IT. §39-1105(2): “Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.”
IDAPA 16.06.03.009.05 adds the geography and the bill: “Records must be checked for EACH JURISDICTION in which the individual has resided since becoming thirteen (13) through eighteen (18) years old. EACH OWNER, OPERATOR, OR APPLICANT IS RESPONSIBLE FOR REQUESTING a check of the juvenile justice record, THE ASSOCIATED COSTS of these records, and submitting them to the Department for review,” and the check must include “a. Juvenile justice records of adjudication of the magistrate division of the district court; b. County probation services; and c. Department records.” The form is the “Request Search Juvenile Records Form,” published by IDHW as “Authorization and request for search of juvenile justice records.” WHAT ‘ENHANCED’ MEANS. Licensed daycare is expressly on the enhanced list — IDAPA 16.05.06.126.10, “Licensed Day Care” (and 126.08, “Idaho Child Care Program (ICCP)”). IDAPA 16.05.06.010.12 defines it: “‘Enhanced Clearance.’ A clearance issued by the Department that includes a search of CHILD PROTECTION REGISTRIES IN STATES OR JURISDICTIONS IN WHICH AN APPLICANT RESIDED DURING THE PRECEDING FIVE (5) YEARS.”
IDAPA 16.05.06.126: “The following classes of individuals are required to provide their previous residence information for the preceding five (5) years in their application … If the applicant’s previous background check included checks of out-of-state Central Child Protection Registries within the previous six (6) months, the applicant is not required to complete them again.” 190.02.a: “A relevant record on ANY child protection registry will result in a denial.” The base check is fingerprint-based: IDAPA 16.05.06.010.06, “A criminal history and background check is a FINGERPRINT-BASED check of an individual’s criminal record and other relevant records”; Idaho Code §56-2702(1) (new in 2026 ch. 220): “To carry out the purposes of this chapter, the department shall submit fingerprints to the IDAHO STATE POLICE to process background checks through the STATE CRIMINAL HISTORY REPOSITORY and the FEDERAL BUREAU OF INVESTIGATION.” The Idaho Child Protection Central Registry check is separately priced at $20 per subject (IDAPA 16.05.06.125.02). MECHANICS AND MONEY. Apply on the IDHW website (IDAPA 16.05.06.120; Background Check Unit at healthandwelfare.idaho.gov/bcu).
Ten rolled fingerprints, either at a Department fingerprinting location or by mail on a federal FD-258 applicant card (16.05.06.140). Prints must reach the Department within 21 days and no later than 60 calendar days from the submission date, with no extension (16.05.06.150). The fee is “up to seventy dollars ($70) for an individual” and “the applicant is responsible for the cost”, plus any out-of-state records costs (16.05.06.050); fees become non-refundable once prints go to the Idaho State Police. IDAPA 16.06.03.009.06: “Each individual who requests and obtains a Department background check is responsible for the cost of the background check and check of juvenile justice records.” §39-1107(1) confirms this sits outside the licence fee: “Criminal history background check fees shall be in addition, but at actual cost.” THE THREE-YEAR TRANSFER RULE VS THE FIVE-YEAR RECHECK — these are two different clocks and conflating them is the classic Idaho error. TRANSFER: IDAPA 16.05.06.195.02, “Any agency may use a Department background check clearance obtained under these rules if: a. The individual has received a Department’s background check clearance WITHIN THREE (3) YEARS from the date of employment; b.
Prior to allowing the individual to provide services, the agency must AFFILIATE itself to the individual’s clearance through the Department’s website …; and c. The agency completes a STATE-ONLY background check of the individual through the Idaho State Police Bureau of Criminal Identification, and no disqualifying crimes are found,” with the affiliation “initiated by the agency within thirty (30) calendar days.” IDHW restates it: “A background check clearance completed within the last three years can be transferred to a new employer. When using a transferred department criminal history check clearance for licensing, the transferred clearance MUST BE AN ENHANCED CLEARANCE and the new employer must ALSO ensure that a new Idaho State Police NAME-BASED record check is completed with no disqualifying crimes found.” 195.02.f closes the loophole: a non-enhanced clearance cannot be carried into an enhanced-class agency. RECHECK: independently, §39-1105(1) and IDAPA 16.06.03.009.02 require a fresh check “at least every five (5) years.” 195 also notes that “verifiable continuous employment of the applicant with the same agency eliminates the requirement for a new background check” — read that against the five-year statutory floor, and re-check on the five-year cycle.
SELF-REPORTING AFTER CLEARANCE. IDAPA 16.06.03.009.08: “Following completion of a background check and clearance, additional criminal convictions, and juvenile justice adjudications for disqualifying crimes under Section 39-1113, Idaho Code, MUST BE SELF-DISCLOSED by the individual to the owner or operator … The owner or operator must report these additional convictions and adjudications to the Department WITHIN FIVE (5) DAYS of learning of the conviction or adjudication.” And IDAPA 420.04.d makes it a 24-hour critical incident to report “any arrests, citations, withheld judgments, or criminal convictions of disqualifying crimes under Section 39-1113, Idaho Code, of an operator or any individual regularly on the premises … and provide documentation that the individual is not working with children or is not on the premises.”
DISQUALIFIERS. §39-1113(3) is a PERMANENT bar list — “No person who pleads guilty to, has been found guilty of OR RECEIVED A WITHHELD JUDGMENT for any offense involving neglect or any physical injury to or other abuse of a child, including the following offenses or a similar provision in another jurisdiction, shall be eligible for a license” — running through felony injury to a child (§18-1501), sexual abuse of a child under 16 (§18-1506), ritualized abuse (§18-1506A), sexual exploitation of a child (§18-1507), lewd conduct (§18-1508), enticing of children (§§18-1509, 18-1509A), sale or barter of a child (§18-1511), murder, assault with intent to murder, voluntary manslaughter, rape, incest, forcible penetration by foreign object, abuse/neglect/exploitation of a vulnerable adult (§18-1505), arson (§§18-801–805), kidnapping (§§18-4501–18-4503), mayhem, robbery, first-degree stalking, video voyeurism, inducing a child into commercial sexual activity (§§18-5609, 18-5611), sexual abuse of an animal (§18-6602), sexual abuse of human remains (§18-6603), domestic violence under §18-918(2), “any felony punishable by death or life imprisonment,” “any offense requiring registration on a state sex offender registry or the national sex offender registry,” “a felony drug-related offense committed during the preceding five (5) years,” and attempt/conspiracy/accessory after the fact to any of them. §39-1113(4) is a FIVE-YEAR bar list: aggravated assault, aggravated battery, burglary, felony theft, forgery or fraudulent use of a financial transaction card, misappropriation of personal identifying information, insurance fraud, damage to insured property, public assistance fraud (§56-227), provider fraud (§56-227A), attempted strangulation (§18-923), and misdemeanor injury to a child under §18-1501(2). §39-1113(6): “A daycare facility license or privilege to operate a family daycare home shall be denied or revoked if a REGISTERED SEX OFFENDER RESIDES on the premises where daycare services are provided.” §39-1115(4) makes it a misdemeanor to provide daycare services at all with any §39-1113 offence.
And §39-1113(11): “The department shall not accept an application from any person, corporation, or partnership, including any managing employee, officer, owner, or spouse or partner of an owner of an entity, that has had a license denied or revoked until five (5) years has elapsed from the final date of the disciplinary action.” UNLICENSED HOMES ARE NOT EXEMPT. §39-1114(1) requires the §39-1105 check at FOUR or more children in a family daycare home; §39-1115(3) makes failing to do so a misdemeanor. IdahoSTARS: “If you are required to get an Idaho State Day Care License, or if you are LEGALLY EXEMPT FROM LICENSURE, you will need to get a Cleared Enhanced Background Check.” Private schools for 4–6 year olds and private kindergartens are also pulled back in by §39-1105(3) and IDAPA 16.06.03.009.07.
Is this legal advice?
No. DaycareLicensePrep gives general information based on each state's published child-care licensing rules, dated to when we last verified them, and is not a guarantee of licensure. Always confirm with your state's licensing agency before applying.
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Source: PRIMARY — IDAHO CODE, TITLE 39, CHAPTER 11 (BASIC DAY CARE LICENSE), read section by section 2026-08-25: https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH11/ ; §39-1101 https://legislature.idaho.gov/statutesrules/idstat/Title39/T39CH11/SECT39-1101/ ; §39-1102 (definitions) .../SECT39-1102/ ; §39-1103 (licensing authority + exemptions) .../SECT39-1103/ ; §39-1104 (application, fire and health inspections) .../SECT39-1104/ ; §39-1105 (criminal history checks) .../SECT39-1105/ ; §39-1106 (issuance and renewal) .../SECT39-1106/ ; §39-1107 (fees) .../SECT39-1107/ ; §39-1109 (safety standards, ratios) .../SECT39-1109/ ; §39-1110 (health standards) .../SECT39-1110/ ; §39-1110A (behavior management and discipline) .../SECT39-1110A/ ; §39-1111 (rules authorized) .../SECT39-1111/ ; §39-1112 (visitation) .../SECT39-1112/ ; §39-1112A (access to information) .../SECT39-1112A/ ; §39-1113 (denial, suspension or revocation) .../SECT39-1113/ ; §39-1114 (limited applications) .../SECT39-1114/ ; §39-1115 (misdemeanor) .../SECT39-1115/ ; §39-1116 (prosecution) .../SECT39-1116/ ; §39-1118 (immunization) .../SECT39-1118/ ; §39-1119 (training requirements) .../SECT39-1119/ .
Note: §39-1108, §39-1117 and §39-1120 were REPEALED by 2025 ch. 185 and no longer appear in the chapter index. PRIMARY — IDAHO CODE, TITLE 56, CHAPTER 27 (BACKGROUND CHECKS, created 2026 ch. 220): https://legislature.idaho.gov/statutesrules/idstat/Title56/T56CH27/ ; §56-2702 .../SECT56-2702/ . PRIMARY — LEGISLATION. House Bill 243 (2025), 2025 Session Law Chapter 185, effective 07/01/2025: status page https://legislature.idaho.gov/sessioninfo/2025/legislation/H0243/ ; engrossed text https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2025/legislation/H0243E1.pdf ; Statement of Purpose https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2025/legislation/H0243SOP.pdf . House Bill 758 (2026), VETOED 28 April 2026: status page https://legislature.idaho.gov/sessioninfo/2026/legislation/H0758/ ; Statement of Purpose https://legislature.idaho.gov/wp-content/uploads/sessioninfo/2026/legislation/H0758SOP.pdf .
PRIMARY — IDAHO ADMINISTRATIVE CODE (IDAPA), current chapters, PDFs read in full 2026-08-25: IDAPA 16.06.03, 'Daycare Licensing' https://adminrules.idaho.gov/rules/current/16/160603.pdf (provisions marked (7-1-24)); IDAPA 16.06.02, 'Foster Care Licensing' https://adminrules.idaho.gov/rules/current/16/160602.pdf (read to confirm it is NOT the child care chapter); IDAPA 16.05.06, 'Criminal History and Background Checks' https://adminrules.idaho.gov/rules/current/16/160506.pdf (provisions marked (3-28-23)); IDAPA 16.06.12, 'Idaho Child Care Program (ICCP)' https://adminrules.idaho.gov/rules/current/16/160612.pdf (provisions marked (3-17-22) and (4-6-23)). These canonical URLs refused direct connection from this machine; the identical PDFs were retrieved from Idaho's own Division of Financial Management storage endpoint at https://proddfmmainsa.blob.core.windows.net/dfm-admin-website/rules/current/16/160603.pdf (and .../160602.pdf, .../160506.pdf, .../160612.pdf). Cross-referenced rules cited in the text but not read in full: IDAPA 16.02.11 (immunization requirements for licensed daycare facility attendees), IDAPA 16.02.19 (Idaho Food Code), IDAPA 24.39.30 (Building Code Rules), IDAPA 24.39.10 (Idaho Electrical Board), IDAPA 58.01.08 (public drinking water), IDAPA 58.01.03 (individual/subsurface sewage disposal).
AGENCY — IDHW: 'Becoming a Child Care Provider' https://healthandwelfare.idaho.gov/providers/child-care-providers/becoming-child-care-provider (page last updated 5-27-2026, read 2026-08-25 — source of the fee table, the online-courses-not-accepted rule, the 4-hour training gloss, the health-district fee/inspection sequence, and the three-year clearance transfer rule); 'Child care resources' https://healthandwelfare.idaho.gov/providers/child-care-providers/child-care-resources (page last updated 12-8-2025 — source of the commonly requested forms list); 'File a child care complaint' https://healthandwelfare.idaho.gov/services-programs/children-families-older-adults/file-child-care-complaint (complaint line 2-1-1 / 800-926-2588, careline@dhw.idaho.gov, fax 208-334-5531); Background Check Unit https://healthandwelfare.idaho.gov/bcu ; Public Health Districts https://healthandwelfare.idaho.gov/health-wellness/community-health/public-health-districts . IDHW public document repository entries read for form titles and revision dates: Child Care Licensing Application https://publicdocuments.dhw.idaho.gov/WebLink/DocView.aspx?id=1567&dbid=0&repo=PUBLIC-DOCUMENTS ; Request Search Juvenile Records Form .../DocView.aspx?id=1569... ; Fire Safety Inspection Checklist .../DocView.aspx?id=1564... ; Child Care Record Requirements .../DocView.aspx?id=1565... ; Criminal History Compliance Facts and Guidelines .../DocView.aspx?id=1563... (no title returned).
AGENCY CONTRACTOR — IdahoSTARS: 'Child Care Licensing' https://idahostars.org/Child-Care-Providers/Child-Care-Licensing (read 2026-08-25 — source of the exempt-providers-still-need-an-enhanced-clearance statement, the two-exits / no-basement-without-approved-exit warning, and the ICCP-with-licensing tip); Central District Health 'Child Care Guidelines' https://idahostars.org/portals/61/Docs/Providers/ICCP/CCMMGuidelines.pdf (read 2026-08-25 — cited ONLY as a documented example of stale official guidance; its point values contradict §39-1109(4)(a)). LOCAL — CITY OF BOISE (worked example of the surviving local layer): 'Childcare Services Updates' https://www.cityofboise.org/departments/city-clerk/childcare-services-updates/ (HB 243 wind-down, 7/1/25); 'Requirements for Child Daycare' https://www.cityofboise.org/departments/planning-and-development-services/planning/requirements-for-child-daycare/ (zoning by size, space standards, Signature Sheet 1-6); 'CHILD DAYCARE Planning and Building Local Compliance Form' https://www.cityofboise.org/media/20401/boise-compliance-childcare-form-2025-fillable.pdf .
Boise's former 'Childcare Worker License' page (https://www.cityofboise.org/departments/city-clerk/licensing/child-care/childcare-worker-license/) returned HTTP 410 Gone on 2026-08-25, consistent with the repeal.
Verified 2026-08-25. General information, not legal advice and not a guarantee of licensure — confirm with your state’s licensing agency before applying.