Idaho State Statutes - Idaho Attorney Directory

The board shall have the power and it shall be its duty
to promulgate appropriate rules necessary to implement and enforce the
standards for certified family homes pursuant to this act including, but not
limited to, the following:
(1) A home shall be certified for no more than two (2) adults, however,
upon an application by the owner and upon a finding by the department that
residents can be cared for safely and appropriately based on the residents'
specific needs, the department may authorize not more than four (4) adults to
be placed in a certified family home which is owner-occupied and which applies
to the department for the authorization. Certification as a four (4) resident
certified family home shall not be transferable to another person or entity.
Four (4) resident certified family homes shall be subject to all statutes and
rules governing certified family homes but shall not be subject to the
residential care facility administrator licensing requirements of chapter 42,
title 54, Idaho Code, or section 39-3340, Idaho Code, licensing of residential
care or assisted living facilities for individuals with mental illness,
developmental disabilities or physical disabilities. This provision
implementing four (4) resident certified family homes shall be effective on
July 1, 2001. The department shall promulgate rules for four (4) resident
certified family homes through the negotiated rulemaking process. Nothing in
this subsection shall be construed to authorize increased group size for
providers of any form of care other than certified family homes.
(2) A care provider is the adult who has applied to be the care provider
and who is responsible for client care and following the laws and rules of the
certified family home program.
(3) A home cannot be approved as certified for family home care if it
also provides room and board for other persons. A waiver may be granted by the
department where a married couple wishes to live together in the same
certified family home and one (1) member of the couple does not require
certified family home care.
(4) A home cannot be approved as a certified family home and for child
foster care at the same time, unless a waiver is granted by the department.
(5) The care provider must have sufficient resources to maintain the home
and the services offered.
(6) Information obtained by the care provider shall be held confidential
except to representatives of the department to provide services or determine
compliance with this chapter or upon consent of the individual or his legal
guardian.
(7) Recordkeeping and reporting requirements as may be deemed necessary.
(8) Requirements to assure the safety and adequate care of residents to
include the recording of incidents and accidents.
(9) Management of medications.
(10) Inspections. The certifying agency may inspect and investigate
certified family homes as necessary to determine compliance with this chapter
and the department's rules.
(11) Revocation of certification or other enforcement actions.

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