The board shall have the power and it shall be its duty to promulgate appropriate rules necessary to implement and enforce the following standards for licensing a children’s therapeutic outdoor program:

1. (1) Assure the organizational stability of the program, which may require incorporation under the laws of Idaho.
2. (2) Require from the policymaking authority of the program the promulgation of a statement setting forth the program’s purposes and objectives and describing the character and extent of the services which it offers and maintains, and the geographical area to be served.
3. (3) Require a statement of solvency sufficient to maintain programs and personnel necessary to achieve its purposes and objectives and to maintain its services.
4. (4) Assure such recordkeeping and reporting as may be deemed necessary to the program’s services and to the department’s licensing responsibility.
5. (5) Assure the safety and physical care of children for whom the program assumes or accepts responsibility.
6. (6) Establish the legal status of each child accepted for care and the legal authority and responsibility of the program for the child.
7. (7) Require a statement of intake policy which shall set forth criteria for accepting children for care or service in relation to the program’s purposes and physical demands.

8. (8) The department shall obtain a criminal history check on the owners, operators and employees of all children’s therapeutic outdoor programs. The criminal history check shall be fingerprint based and include the following:

   1. (a) Statewide criminal identification bureau;
   2. (b) Federal bureau of investigation (FBI) criminal history;
   3. (c) National crime information center; and
   4. (d) Statewide child abuse register.

[39-1208, added 2002, ch. 219, sec. 4, p. 602.]