2005 Idaho Code - 39-1202 — DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 12
                       CHILD CARE LICENSING REFORM ACT
    39-1202.  DEFINITIONS. For the purposes of this chapter:
    (1)  "Board" means the Idaho board of health and welfare.
    (2)  "Child care" means that care, control, supervision or maintenance of
children for twenty-four (24) hours a day which is provided as an alternative
to parental care.
    (3)  "Child" means an individual less than eighteen (18) years of age who
is not enrolled in an institution of higher education.
    (4)  "Children's agency" means a person who operates a business for the
placement of children in foster homes or for adoption in a permanent home and
who does not provide child care as part of that business. Children's agency
does not include a licensed attorney or physician assisting or providing
natural and adoptive parents with legal services or medical services necessary
to initiate and complete adoptive placements.
    (5)  "Children's camp" means a program of child care at a location away
from the child's home which is primarily recreational and includes the
overnight accommodation of the child and is not intended to provide treatment,
therapy or rehabilitation for the child.
    (6)  "Children's institution" means a person who operates a residential
facility for children not related to that person if that person is an
individual, for the purpose of providing child care. Children's institutions
include, but are not limited to, foster homes, maternity homes, children's
therapeutic outdoor programs, or any facilities providing treatment, therapy
or rehabilitation for children. Children's institutions do not include: (a)
facilities which provide only day care as defined in chapter 11, title 39,
Idaho Code; (b) facilities and agencies including hospitals, skilled nursing
facilities, intermediate care facilities, and intermediate care facilities for
the mentally retarded licensed pursuant to chapter 13, title 39, Idaho Code;
(c) day schools; (d) individuals acting in an advisory capacity, counseling a
child in a religious context, and providing no child care associated with the
advice; (e) the occasional or irregular care of a neighbor's, relative's or
friend's child or children by a person not ordinarily engaged in child care.
    (7)  "Children's residential care facility" means a children's
institution, excluding:
    (a)  Foster homes;
    (b)  Residential schools;
    (c)  Children's camps.
No facility expressly excluded from the definition of a children's institution
is included within the definition of a children's residential care facility.
    (8)  "Children's therapeutic outdoor program" is a program which is
designed to provide behavioral, substance abuse, or mental health services to
minors in an outdoor setting. This does not include children's camps, church
camps, or other outdoor programs primarily designed to be educational or
recreational, such as Boy Scouts, Girl Scouts, 4-H or sports camps.
    (9)  "Continued care" means the ongoing placement of an individual in a
foster home, children's residential care facility, or transitional living
placement who reaches the age of eighteen (18) years but is less than
twenty-one (21) years of age.
    (10) "Day school" means a public, private, parochial or secular facility
offering an educational program in which the children leave the facility each
day at the conclusion of the academic, vocational or school supervised
activities.
    (11) "Department" means the state department of health and welfare.
    (12) "Director" means the director of the department of health and
welfare.
    (13) "Foster care" means child care by a person not related to the child,
in lieu of parental care, in a foster home.
    (14) "Foster home" means a home which accepts, for any period of time,
with or without compensation, one (1) or more children who are not related to
the foster parent as members of the household for the purpose of providing
substitute parental care.
    (15) "Group care" means foster care of a number of children for whom child
care in a family setting is not available or appropriate, in a dormitory or
cottage type setting, characterized by activities and discipline of a more
regimented and less formal nature than found in a family setting.
    (16) "Juvenile detention" is as defined in section 20-502(6), Idaho Code,
of the juvenile corrections act.
    (17) "Juvenile detention center" means a facility established pursuant to
sections 20-517 and 20-518, Idaho Code.
    (18) "Person" includes any individual, group of individuals, association,
partnership, limited liability company or corporation.
    (19) "Placement" means finding a suitable licensed foster home or suitable
adoptive home for a child and completing the arrangements for a child to be
accepted into and adjusted to such home.
    (20) "Representative" means an employee of the state department of health
and welfare.
    (21) "Residential facility" means any facility where child care is
provided, as defined in this section, and which provides day and night
accommodation.
    (22) "Residential school" means a residential facility for children which:
    (a)  Provides a planned, scheduled, regular, academic or vocational school
    program for students in the elementary, middle or secondary grades as
    defined in section 33-1001, Idaho Code; and
    (b)  Provides services substantially comparable to those provided in
    nonresidential public schools where the primary purpose is the education
    and academic pursuits of the students; and
    (c)  Does not seek, receive or enroll students for treatment of such
    special needs as substance abuse, mental illness, emotional disturbance,
    developmental disability or mental retardation; and
    (d)  Is not:
         (i)   A college or university; or
         (ii)  A children's camp as defined in this section; or
         (iii) A public or private day school in which the children leave the
         facility each day at the conclusion of the academic, vocational and
         school supervised activities.
    (23) "Transitional living" means living arrangements and aftercare
services for children, or as continued care, to gain experience living on
their own in a supportive and supervised environment prior to emancipation.