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0656 Daycare Provider License 2008CITY OF CHUBBUCK, IDAHO ORDINANCE NO. bS AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, AMENDING SECTION 6.04.050, ADOPTING SECTION 6.04.055 TO CLARIFY LICENSING PROVISIONS FOR A DAYCARE EMPLOYEE LICENSE; REPEALING SECTION 6.04.110 OF THE CHUBBUCK MUNICIPAL CODE, ENACTING NEW SECTIONS 6.04.110 PROVIDING FOR STAFF REQUIREMENTS FOR A DAYCARE; ENACTING NEW SECTION 6.04.115 TO PROVIDE FOR RECORDS TO BE KEPT BY A DAYCARE; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 6.04 NOT AMENDED SHALL REMAIN IN EFFECT; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Amendment. Section 6.04.050 is amended as follows: 6.04.050: DAYCARE PROVIDER LICENSE REQUIRED: A. No person shall be a daycare provider within the city unless a business license and a daycare provider's license are first procured, prominently displayed in the place, home, building or location, and are maintained in effect and unrevoked. B. Applicants for a license shall complete a form provided by the chief of police or the chief s designee with information and authorizations necessary to provide complete criminal history checks, as set forth hereinafter. Such information shall include, but may not be limited to, a current list of all employees, all individuals twelve (12) years of age or older living at the location where daycare is provided, and regular volunteers who have unsupervised contact with the children. Failure to provide the necessary information or authorizations shall be grounds to deny a license. C. Daycare providers' licenses shall have subscribed thereon the maximum number of children allowed in the place, home, building or location wherein the daycare is provided. Such licenses are premises specific and may not be used to provide daycare in any place, home, building or location other than the one named on the Ordinance - Page 1 ch u bb u ck051508daycareorda mend 2.wpd 101\ license. D. It shall be the responsibility of the daycare provider to ensure that all daycare employees or volunteers are duly licensed as required in this chapter. Any employee or volunteer that becomes associated with a daycare after the initial or renewed application but prior to the annual renewal must obtain a license pursuant to this chapter prior to being on site at the daycare in any capacity as an employee or volunteer. Additionally it shall be the responsibility of the daycare provider to ensure that any resident over twelve (12) years of age or older, whether or not actually working or assisting with daycare, has submitted the appropriate paperwork to the Chubbuck police department to allow it to process a criminal history check and which criminal history check shows no issues that would disqualify the daycare for having the resident on the premises. Section 2. New Section. The following Section 6.04.055 is hereby adopted: 6.04.055: DAYCARE EMPLOYEE LICENSE REQUIRED A. No person meeting the definition of a Daycare Employee or volunteers at a Daycare shall be a Daycare Employee or a volunteer at any Daycare facility or perform services for a Daycare Provider within the city without having obtained the appropriate license issued under the provisions of this chapter. Provided, however, that employee -applicants may be hired and a volunteer may volunteer to assist in providing care, after having made application, and only while results of the criminal history check are pending, and may continue to assist in providing daycare, until the license is denied or issued. It shall be a violation of this chapter for any employee -applicant or volunteer to continue at the daycare after denial of the license, or any provider to continue to use the services of an employee - applicant or volunteer after the denial of the license or prior to the employee - applicant or volunteer having filed an application. Ordinance - Page 2 ch u b buck05l 5O8dayca reordamen d2.wpd h /'N B. Applicants for a Daycare Employee license or volunteers at a Daycare shall complete an application form provided by the chief of police or the chief s designee supplying all requested information and providing authorizations necessary to obtain complete criminal history checks, as set forth herein. Failure to provide the necessary information or authorizations shall be grounds to deny a license. C. Any resident twelve (12) years of age or older that resides at a premises providing daycare must have criminal history check processed by the police department and which history must show no issues that would disqualify the daycare for having the resident on the premises. Section 3. Repeal. Section 6.04.110 of the Chubbuck Municipal Code is repealed. Section 4. New Sections. The following Sections 6.04.110 and 6.04.115 are adopted: 6.04.110: STAFF AND TRAINING REQUIREMENTS: A. Each daycare provider must provide at least one licensed staff member for each twelve (12) children on the premises; provided however, each child under the age of eighteen (18) months shall be considered as two (2) children for purposes of determining the maximum number of children allowed per staff member. No licensed staff member shall be responsible for or have in the staff member's immediate presence more than twelve (12) children at one time. There shall, however, always be present and in the presence of the children not less than one licensed person of at least eighteen (18) years of age. The daycare provider shall keep and maintain a sign in and sign out sheet of each child utilizing the provider's services. The person dropping off a child and picking up a child from the daycare provider shall sign in and sign out each time a child is picked up or dropped off. The daycare provider or the daycare employees shall not sign for any Ordinance - Page 3 ch u bbuck051508dayca reordamen d2.wpd person dropping off or picking up a child but shall require the person dropping off or picking up a child to do so. Said sign in -sign out log shall be available to the Chubbuck Police Department, the Idaho Department of Health and Welfare, the Southeastern District Health Department or any other such agency, at their request. For purposes of this section, the children of a provider or any employee shall be counted and staffing provided for them for all daycare except an exempt family home daycare. B. Every licensed daycare provider and every daycare employee is required to attend CPR and first aid training. Each daycare provider must provide proof to the city of the provider's attendance, as well as each employee's attendance, at such CPR and first aid training within ninety (90) days of licensing and within ninety (90) days of hiring an employee. The provider shall provide proof that the provider and each employee have received twelve (12) hours of ongoing training, which may include the CPR and first aid training, in each twelve (12) month period after licensing or the employee's hire date, in compliance with the state laws. Each provider or employee must also be certified in CPR and first aid within ninety (90) days of commencing childcare duties, and must provide proof of certification to the chief of police or the chiefs designee upon request. C. All daycare providers and employees shall view a tape on the effects of "shaken baby syndrome" within thirty (30) days of licensing or employment. The tape will be provided by the city and must be viewed at the police department. Each person viewing the tape must sign a statement indicating they have viewed the tape and understand the dangers of shaking a baby. 6.04.115 RECORDS REQUIRED: A daycare provider shall keep the following records on file on the premises: 1. The child's full name, month, day, and year of birth. 2. The full name, telephone number, and address of parents, guardian, and an Ordinance - Page 4 chubbuck05l5O8daycareordamend2.wpd additional emergency contact person. n 3. A medical treatment consent form signed by the parent or guardian, which will authorize emergency treatment by a physician if the parents cannot be reached. 4. Name, address, and telephone number of a physician designated by the parents, including the parents' hospital preference if emergency treatment is required. 5. Information regarding medication and other health related needs, if applicable. 6. A current immunization card for each child unless the child's parent or guardian has submitted to the childcare facility provider/owner a certificate signed by a physician licensed by the state board of medicine stating that the physical condition of the child is such that all or any of the required immunizations would endanger the life or health of the child; or the child's parent or guardian has submitted a signed statement to the childcare facility owner/provider objecting to immunizations upon religious grounds. 7. A copy of each child's birth certificate. If parent or guardian is unable to provide such information, necessary forms for obtaining a birth certificate will be provided to the parent/guardian, so that they may locate such information. Any parent not complying with the daycare's request for a birth certificate will be referred to the police department by the daycare. 8. Training records for each provider and childcare worker. These records shall include the number of hours of class attendance, name of training session, subject content and name of instructor and facility that provided the training. 9. The sign -in and sign out log referenced in section 06.04.110 (A). Failure to maintain and/or allow inspection of the above records shall be grounds for the facility's license suspension or revocation. All records required in this section shall be available to the Chubbuck police department, the Idaho Department of Health and Welfare, the Southeastern District Health Department or any other such agency, at their request. Failure to turn over such requests when requested shall be cause for license revocation of both the daycare employee refusing to turn the records over and the daycare provider for whom the records are Ordinance - Page 5 chu b bu ck051508daycareorda mend2.wpd /"IN maintained. ADMINISTRATIVE PROVISIONS /� Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. All other sections of Chapter 6.04 not herein amended shall remain in effect. Section 2. Severability. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this gTH day of �TTTT,v , 2008. Seven M. England, May ATTEST: 1--.4 &/-1- an4-;-) Ron Conlin, City Clerk Ordinance - Page 6 chubbuck05l5O8daycareordamend2.wpd