HomeMy WebLinkAbout0656 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
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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.
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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
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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
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additional emergency contact person.
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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
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maintained.
ADMINISTRATIVE PROVISIONS
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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:
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Ron Conlin, City Clerk
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