Idaho Basic Daycare License: opening a daycare center or group facility

One license, three tiers, and a short rulebook

Idaho regulates child care with a single credential, the Basic Daycare License, under Idaho Code Title 39, Chapter 11. The statute says the system sets standards “while still leaving primary responsibility for evaluation and selection of daycare services with parents.”⁠⁴ Expect a short rulebook. Many states regulate centers with hundreds of rule sections. Idaho’s statute and its one rule, IDAPA 16.06.03, cover fire safety, health and sanitation, background checks, ratios, CPR and first aid, and four hours of yearly training.⁠⁴⁠⁵

Neither the statute nor the rule sets:

• a minimum indoor or outdoor square footage per child
• education or experience requirements for a director
• pre-service training hours beyond pediatric CPR and first aid

Your capacity comes from the fire official’s occupant load (IDAPA 16.06.03.361).⁠⁵ Staff must hold CPR and first aid, and each employee needs 4 hours of training every 12 months after their hire date.⁠⁴

The license tiers follow the 2025 definitions in Idaho Code 39-1102:⁠¹

Scroll the table sideways to see every column.

The fees come from Idaho Code 39-1107, which caps them and says “No other fees shall be charged for each license period,” with criminal history check fees added at actual cost. The DHW fee table matches the caps.⁠⁴⁠⁶ A “child” is anyone under 13.⁠¹

Do you need the license?

The trigger has two parts. You need a license if you care for seven or more children and receive compensation for one or more of them.⁠⁶ “Daycare” means paid care for part of a 24-hour day, for children not related to you by blood, marriage or legal guardianship, in a place other than the children’s own homes.⁠¹

Idaho Code 39-1103 exempts:⁠²

• occasional care of a neighbor’s, relative’s or friend’s children by someone not ordinarily in the daycare business
• a school for educational purposes for children over 4, or a kindergarten
• occasional care offered only for children whose parents are in the same building at the same time
• day camps, programs and religious schools that run less than 12 weeks a year or no more than once a week, and after-school programs for children over 4 or in kindergarten
• care of children related to you within the second degree

DHW reads “second degree” to include parents, step-parents, grandparents, aunts, uncles, first cousins, nephews, nieces and siblings, and their spouses.⁠⁶ An exempt private school or private kindergarten for children ages 4 through 6 must still run criminal history checks on its owners, operators and employees under 39-1105.⁠⁴ The law also says nothing in it may “limit or restrict the teaching of religious doctrines, values, or tenets” in a licensed facility.⁠²

Below seven children you run a family daycare home, which needs no license. If you care for four or more, you must still pass the DHW criminal history check, and you can opt in to a Basic Daycare License if you meet the chapter’s standards (39-1114).⁠⁴ Running an unlicensed daycare facility is a misdemeanor. DHW may give an unlicensed operation a grace period of up to 60 days to come into compliance, and the county prosecuting attorney handles prosecution (39-1115, 39-1116).⁠⁴

What changed on July 1, 2025

The governor signed two daycare bills on March 27, 2025. Both took effect July 1, 2025:

• House Bill 243 (Session Law Chapter 185) repealed section 39-1108, which the bill’s title calls “local option,” and also repealed sections 39-1117 and 39-1120. It voided IDAPA 16.06.03 sections 011.08, 100.06 and 300.01.⁠⁹⁠¹⁰
• House Bill 312 (Session Law Chapter 186) revised the licensing provisions, including the definitions in 39-1102, the ratio subsection of 39-1109 and the training section, 39-1119.⁠¹¹⁠¹⁠³

Before HB 243, the chapter’s policy section said the state minimums “shall not be construed as preempting more stringent regulation by county or city ordinance.” HB 243 struck that sentence, and the policy section published on 2026-10-12 no longer contains it.⁠⁹⁠⁴ Even so, local approvals still matter. As of 2026-10-12, the DHW provider page says “city and county governments have the authority to create local ordinances for their specific communities.” IDAPA 16.06.03.121.03.d still requires every daycare facility to comply with “applicable city and county ordinances” and to file local planning and zoning reports with the application.⁠⁶⁠⁵ The official sources do not say which Idaho cities or counties, if any, still run their own daycare licensing now that 39-1108 is repealed; the Legislature’s code page still displayed the old 39-1108 text on 2026-10-12, but House Bill 243 section 5 repeals it.⁠⁹⁠¹⁰ Before you sign a lease, ask your city or county planning office whether it licenses or inspects daycares, and ask IdahoSTARS whether the state license alone satisfies that office.

Two more changes are pending or unclear:

• Section 39-1111 tells DHW to “seek to move all necessary rules into this chapter by July 1, 2026.” It also limits DHW’s rulemaking power to the standards the chapter itself requires. As of 2026-10-12, IDAPA 16.06.03 is still published with sections dated 7-1-24.⁠⁴⁠⁵
• Section 39-1102 shows a further amendment by 2026 Session Laws chapter 251. This guide quotes the definitions as published on 2026-10-12.⁠¹ Section 39-1105 (background checks) also shows a 2026 amendment, chapter 220.⁠⁴

The 12-point ratio system

Idaho Code 39-1109(4) caps supervision at 12 points per staff member. Each child in attendance carries a point value by age:⁠³

*The last column is simple arithmetic from the 12-point cap. It is not a separate figure in the statute.

Mixed groups are added up. For example, 2 infants (4 points), 3 two-year-olds (3.99) and 4 four-year-olds (3.692) total 11.682 points, so one staff member can cover them. DHW counts every child in attendance when it checks compliance, and you may run tighter ratios if you choose.⁠³ Only staff count. “Staff” means someone at least 16 years old who is employed to provide care, including owners and operators.⁠¹

Other staffing rules in 39-1109:⁠³

• At least one adult employee must be present whenever children are in attendance.
• At least one adult employee on the premises must always hold current certification in pediatric rescue breathing and first aid from a certified instructor.
• Sleeping children must be within sight and normal hearing range of a provider. The statutory definition of supervision also requires sight and hearing range for swimming and for field trips.⁠¹
• For overnight care, a staff member must be awake and on duty, each sleeping child must be on the same level as a staff member, and children may not share a bed with a non-parent adult.

Training and CPR before you apply

Under 39-1119, every staff member counted in the ratio needs current pediatric rescue breathing and pediatric first aid certification from a certified instructor. Each employee also needs 4 hours of ongoing training in child development every 12 months after their hire date.⁠⁴ DHW’s guidance adds:⁠⁶

• You submit the CPR and first aid certificates with the license application.
• Online CPR and first aid courses are not accepted.
• Training counts only if taken after the hire date. It is credited to the licensing period in which it was taken, and only once.

IdahoSTARS says a local Child Care Resource Center can help you find CPR and first aid training. Call 2-1-1 or 800-926-2588.⁠⁷

Background checks for everyone 13 and older

IDAPA 16.06.03.009 requires a DHW enhanced background check clearance, renewed at least every five years, for:⁠⁵

• owners, operators and staff
• anyone 13 or older who has unsupervised direct contact with children
• anyone 13 or older who lives in the household or is regularly on the premises

For anyone under 18, you must also get juvenile justice records from each jurisdiction where the person has lived since turning 13. You pay for those records and submit them to DHW.⁠⁵

You apply online through the DHW Background Check Unit and then get fingerprinted. As published on 2026-10-12, the enhanced check costs $70, plus any fees charged by other states’ child abuse registries where the person has lived. A new set of fingerprints is required for each check.⁠⁸ An enhanced clearance from the last three years can move with an employee to a new employer if the new employer also runs a fresh Idaho State Police name-based check.⁠⁶

Section 39-1113 lists the disqualifying offenses. They include felony injury of a child, child sexual abuse and exploitation offenses, murder, rape, kidnapping, robbery, arson, abuse of a vulnerable adult and domestic violence. A guilty plea or a withheld judgment disqualifies just as a conviction does.⁠⁴ After clearance, staff must tell the owner about any new disqualifying conviction. The owner must report it to DHW within five days.⁠⁵

The building: fire code sets your capacity

IDAPA 16.06.03 leaves capacity to the local fire official, who sets the occupant load counting only the areas used for daycare.⁠⁵ By statute, Idaho’s daycare fire standards may not be stricter than the International Fire Code as adopted by Idaho.⁠³ Fire inspection fees go to your local fire department or fire district. If your site is outside any fire jurisdiction, DHW can name an approved inspector for licensing purposes.⁠⁵

The fire sections of the rule (360 to 363) require:⁠⁵

• Exits: at least two, placed at least half the building’s diagonal apart but no more than 75 feet apart. The limit rises to 90 feet if the building has smoke detectors throughout, or 110 feet with an automatic sprinkler system. Each exit needs at least 32 inches of clear width and 6 feet 8 inches of height. A sliding patio door counts as a second exit only in family homes and group facilities, not in a center.
• Floors other than ground level: a basement or upper floor needs two exits, one opening directly outside.
• Sleeping rooms: an egress window with at least 5.7 square feet of clear opening, at least 24 inches high and 20 inches wide, with the sill no higher than 44 inches. An approved exit door can be used instead.
• Occupant load of 50 or more: exit doors must swing outward, and latched room doors need panic hardware. Exit signs are required at exit doorways in every facility (rule 361.03).
• Fire extinguishers: at least one 2A-10BC unit, mounted no higher than 5 feet and within 75 feet of travel. The kitchen needs either an extinguisher or a hood suppression system. Buildings over 3,000 square feet need extra extinguishers as the fire official directs.
• Alarms and sprinklers: an approved fire alarm system if you have over 50 children. Sprinklers if the building is over 20,000 square feet or you care for more than 100 children under 18 months.
• Smoke detectors: in every sleeping room, outside sleeping areas and on every floor, including basements.
• Plans and drills: a written fire safety and evacuation plan that is reviewed every year, and fire drills at least twice a year with all staff and children.

Your application must also include building code and electrical code inspection reports “where required,” under IDAPA 24.39.30 and 24.39.10.⁠⁵ IdahoSTARS adds that a homeowners association or landlord may have to approve the use.⁠⁷

Health, safety and program standards the inspector checks

DHW designates the public health district to do the health and safety inspection before licensing and then every year, unannounced (IDAPA 16.06.03.380).⁠⁵⁠⁷ IdahoSTARS links to the district health departments’ child care guidelines, which show what the inspector looks for.⁠⁷

Standards from the rule and statute:⁠⁵⁠⁴

• Food: must follow the Idaho Food Code. Cold foods are held at 41°F or below and hot foods at 135°F or above, and every refrigerator needs a thermometer.
• Restrooms: at least one flushable toilet and one hand sink with warm and cold water per restroom.
• Diapering: separate from food areas, with a hand sink close by.
• Water and sewage: a private well or spring must be tested every year for bacteria and nitrate and approved by DHW. Septic systems need local health authority approval.
• Infant sleep: infants up to 12 months sleep alone, on their backs, in a crib or other CPSC-certified sleep space.
• Smoking and alcohol: none on the premises during hours, and no smoking in vehicles while children are present.
• Medication: given only with a parent’s or caretaker’s authorization and kept in a locked box or otherwise out of children’s reach.
• Weapons: firearms in a locked container while children are present, with ammunition locked separately.
• Stairs: gates or other protection if you care for children under 3.
• Water hazards: pools, hot tubs and ponds need a 4-foot fence with openings no wider than 4 inches and a self-closing, self-latching gate. Children using water must be directly supervised by adult staff with pediatric CPR and first aid.
• Play areas: a 4-foot fence wherever the play area borders a busy road, ditch, stream or similar hazard. Objects smaller than 1 inch must be kept away from children 3 and under.
• Emergency plan: a written disaster plan covering evacuation, relocation, shelter-in-place, lock-down, reunification, continuity of operations, and children with disabilities or chronic medical conditions.
• Discipline: section 39-1110A bans spanking and any other physical punishment, restraints, locking a child in a room, withholding food, rest or toilet use, and verbal abuse.
• Immunizations: within 14 days of a child’s first attendance, the parent must give you an immunization record or a signed medical or religious/other exemption. You keep the record while the child attends and for one year after (39-1118).

Parents have an “absolute right” to enter during their child’s care. Refusing entry is grounds for suspension or revocation (39-1112).⁠⁴

Applying through IdahoSTARS, step by step

1. Clear local zoning first. DHW tells applicants to contact their city or county planning and zoning office before starting. You will need proof of local compliance with the application.⁠⁶
2. Run background checks. Start enhanced checks through the Background Check Unit for yourself, staff and anyone else 13 or older who must be cleared.⁠⁵⁠⁸
3. Get the fire inspection and insurance. Schedule the fire inspection with your local fire department. Buy fire and liability insurance and keep proof of current coverage, which the rule requires.⁠⁵⁠⁶
4. Collect the packet. IDAPA 16.06.03.121 and the DHW provider page require:⁠⁵⁠⁶
   • the application form (you must be at least 18)
   • building, electrical, fire and zoning reports
   • proof of insurance
   • background clearances
   • in-person CPR and first aid certificates
   • a signed statement that you have read the rules, agree to follow them, and will not harm, shake or abuse children (citing 45 CFR 98.41)
   • a statement disclosing any past or pending disciplinary action against you as a daycare provider in any jurisdiction
5. Submit to IdahoSTARS. IdahoSTARS customer support specialists collect your documents for DHW: 322 E Front St, Ste 200, Boise; 800-926-2588 or 2-1-1; [email protected].⁠⁶
6. Pay the health district. IdahoSTARS refers your file to the local public health district, which contacts you to collect the fee.⁠⁶
7. Pass the health and safety inspection. DHW orders the inspection once the application is complete and the fee is paid.⁠⁵⁠⁶
8. Receive and post the license. DHW must begin acting on a complete application within 30 days (rule 123). The statute says the license issues within 60 days of a finding of compliance. Post it in a conspicuous place.⁠⁵⁠⁴

Deadlines that can sink an application: if you don’t provide requested information within 90 days, DHW may end the process. If you haven’t finished within six months of first applying, the application is denied or treated as abandoned. If DHW formally denies an application, rule 123.02 bars reapplying for one year. Separately, 39-1113(11) says DHW will not accept an application from anyone, including an owner’s spouse or partner, whose license was denied or revoked until five years after the final disciplinary action.⁠⁵⁠⁴

Ownership, location and records

A license covers only the named business or person at the listed address. It cannot be transferred to a new owner, entity or location. A change of ownership or location requires a new license before you operate. You must return the license if management or address changes, if it is suspended or revoked, or if you close.⁠⁵

Under rules 200 and 201 you keep 12 months of records:⁠⁵

• Staff and regular adults: legal name, proof of age, phone number, training, background clearance, juvenile records results, CPR and first aid certificates, and daily hours on the premises.
• Children: health and immunization information, emergency contacts, and daily sign-in/out sheets signed by a parent or guardian.

You must post DHW’s contact information and the statewide daycare complaint number.⁠⁵ Report these to DHW within 24 hours:⁠⁵

• an injury that sends a child to the hospital
• the death or near death of a child
• a missing child
• an arrest, citation or conviction for a disqualifying crime involving anyone regularly on the premises

Renewal every two years

The license lasts two years.⁠⁴ DHW sends the renewal notice at least 90 days before expiration.⁠⁵⁠⁴ Your renewal application, fee and paperwork are due at least 45 days before the license expires. New staff need background checks.⁠⁵ Once you file a complete renewal, the old license stays in force until DHW acts on it.⁠⁵ DHW may reinspect at any time during the license term, and reinspections after the first are free.⁠⁴ DHW keeps a public list of licensees, which IdahoSTARS posts as a downloadable spreadsheet.⁠⁴⁠⁷

Child care assistance (ICCP)

Idaho’s child care subsidy is the Idaho Child Care Program (ICCP), which helps low-income working families with tuition. IdahoSTARS says you can apply for ICCP at the same time as state licensing. ICCP providers must complete a series of free online health and safety courses on top of the licensing requirements.⁠⁶ IdahoSTARS notes that licensing and ICCP share many requirements. For ICCP questions, call 2-1-1 and ask for a child care resource specialist.⁠⁷⁠⁶

For other Idaho care licenses, see the Idaho state page. To compare how other states license centers, see child care center licenses.

Sources

1. 1
   Idaho Legislature, Idaho Code 39-1102, Definitions (Basic Day Care License) Checked 12 Oct 2026 · Back to text ↑
2. 2
   Idaho Legislature, Idaho Code 39-1103, Licensing authority (exemptions) Checked 12 Oct 2026 · Back to text ↑
3. 3
   Idaho Legislature, Idaho Code 39-1109, Safety standards (child:staff ratio) Checked 12 Oct 2026 · Back to text ↑
4. 4
   Idaho Legislature, Idaho Code Title 39, Chapter 11, Basic Day Care License Checked 12 Oct 2026 · Back to text ↑
5. 5
   Idaho Department of Health and Welfare, IDAPA 16.06.03, Daycare Licensing Checked 12 Oct 2026 · Back to text ↑
6. 6
   Idaho Department of Health and Welfare, Becoming a Child Care Provider Checked 12 Oct 2026 · Back to text ↑
7. 7
   IdahoSTARS (DHW licensing application processor), Child Care Licensing Checked 12 Oct 2026 · Back to text ↑
8. 8
   Idaho Department of Health and Welfare, Background Check Unit, Fingerprinting and Background Checks Checked 12 Oct 2026 · Back to text ↑
9. 9
   Idaho Legislature, House Bill 243 (2025), daycare licenses, bill text Checked 12 Oct 2026 · Back to text ↑
10. 10
    Idaho Legislature, House Bill 243 (2025), bill status (Session Law Chapter 185) Checked 12 Oct 2026 · Back to text ↑
11. 11
    Idaho Legislature, House Bill 312 (2025), daycare licensing, bill status (Session Law Chapter 186) Checked 12 Oct 2026 · Back to text ↑

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