Idaho Code Title 39 Chapter 11 sets statewide daycare licensing requirements based on the number of unrelated children. State-level basic daycare licenses apply uniformly, though cities may impose additional zoning and operating standards on home-based daycares.
Under Idaho Code 39-1102, a daycare facility serves seven or more unrelated children, and a daycare center serves 13 or more. Facilities and centers must obtain a state daycare license under Idaho Code 39-1105 administered by the Idaho Department of Health and Welfare. Family daycare homes serving up to six unrelated children are exempt from state licensing but must still meet basic health and safety standards. All providers receiving Idaho Child Care Program (ICCP) subsidies must complete background checks and orientation training under Idaho Administrative Code 16.06.02. Local governments retain authority over zoning, parking, fencing, and noise but cannot waive state licensing for facilities and centers.
Operating an unlicensed daycare facility or center is a misdemeanor under Idaho Code 39-1109 with daily fines and possible closure orders by the Department of Health and Welfare.
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