Bill Description: House Bill 758 would clarify responsibilities and child-to-staff ratios for a family daycare home or a group daycare facility.

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NOTE: House Bill 758 is a follow-up to House Bill 243 (2025), which deregulated certain aspects of child care licensure.

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

House Bill 758 would amend sections 39-1102 and 39-1109, Idaho Code, to add two clarifications related to daycare licensing. 

The first would amend the definition of “supervision” required of a sleeping child to say, “For the purposes of a child sleeping, the requirements of this subsection are met if the provider uses live video and audio to monitor the child and remains near enough to render immediate assistance to the child.”

The second change would clarify that the maximum allowable child-to-staff ratio in a family daycare home or a group daycare facility does not include “the provider's own children who are five (5) years of age or older” if “the provider is operating out of the provider's home.” 

These are small but important clarifications that could help avoid unreasonable applications of the current law.

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