2005 Idaho Code - 39-1301A — WAIVERS FOR CERTIFIED FAMILY HOMES -- DEFINITIONS

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 13
                       HOSPITAL LICENSES AND INSPECTION
    39-1301A.  WAIVERS FOR CERTIFIED FAMILY HOMES -- DEFINITIONS. (1) Chapter
13, title 39, Idaho Code, shall not have the effect of preventing two (2)
persons in need of the care described in section 39-1301(b), Idaho Code, from
residing in a certified family home when:
    (a)  Each of the persons has given a written statement to the department
    requesting the arrangement and each person making the request is informed,
    not coerced, and competent; and
    (b)  The department finds the arrangement safe and effective; and
    (c)  The department issues a written waiver permitting the arrangement.
    (2)  The department shall use negotiated rulemaking when promulgating
rules to carry out the provisions of this section to ensure a person's ability
to choose services and service provider is considered.
    (3)  The department shall revoke any waiver granted pursuant to this
section where it is determined there is a threat to the life or safety of
either person or where one (1) of the persons leaves the living arrangement
permanently or notifies the department in writing that he does not wish to
reside in the setting with the other individual. Any waiver granted under this
section shall be reviewed annually.