Senate approves controversial childcare bill, amended bill heading back to the House

BOISE, Idaho (KIFI) - A controversial childcare deregulation bill has passed the Idaho Senate. The amended bill will now be sent back to the Idaho House for approval.
House Bill 234 aims to reduce state regulations for childcare facilities. The most controversial change would allow these centers to establish their own staff-to-child ratios.
According to current Idaho law, the state mandates one staff member for a specific number of children, determined by a formula based on the ages of the children in a provider’s care.
Of the 40 people who voiced opinion on the bill while in committee, 38 were opposed. The majority of that group was made up of childcare providers and parents who voiced concerns that the flexible ratios could lead to increased abuse and neglect.
Senate amendments adjust child-to-staff ratios
The amended bill would eliminate the current statute and allow child care centers to set their own ratio within the parameters of a formula proposed by Senator Carl Bjerke, R-Coeur d’ Alene.
Senator Carl Bjerke says the two biggest concerns he hears from constituents in his region are the availability and affordability of housing and childcare.
Referring to the Conference Board data, Sen. Bjerke told the Senate members that over 250,000 Idaho children ages 5-14 likely require paid child care services. However, the Idaho Department of Health and Welfare reports that in 2024, less than 11,000 Idaho children were enrolled in licensed care services.
"The vast majority of children in Idaho are being cared for in unlicensed facilities where there are zero safety guidelines and zero inspections," said Sen. Bjerke. "House Bill 243 will protect children by making it easier for more providers to be licensed."
"What they're going to do is close their doors"
Senator Melissa Wintrow, D-Boise, argued that the childcare shortage was not so much an issue of over-regulation as an economic issue.
"We have to pay people what they're worth, and you have to make sure there are enough people that we are paying, and that it's affordable for folks who are low income," said Sen. Winthrow.
Under HB 243, the Idaho Department of Health and Welfare would be responsible for issuing licenses to Idaho child care centers. Sen. Winthrow says she's concerned that the change puts child care centers at risk of losing their license as the department takes over a larger workload.
"The bill doesn't have a plan to address that. So here comes July 1st. These daycare facilities are unlicensed. There's a misdemeanor in law right now," said Sen. Winthrow. "And if they're afraid about getting cited, what they're going to do is close their doors. And now we have less child care."
According to Senator Julie VanOrden, R-Pingree, the Department of Health and Welfare is increasing the capacity of their contractor to meet the licensing need.
The amended bill passed the Senate in a 25-10 vote and has been sent back to the Idaho House for consideration.