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S1392.................................................by HEALTH AND WELFARE
PRIVATE SCHOOLS - CRIMINAL HISTORY CHECK - Amends existing law to require
that any person who owns, operates or is employed by a private school or
religious school for educational purposes for children over four years of
age, or a religious kindergarten, shall comply with the criminal history
check requirements for basic day care licensure.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
S1392
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1392
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CRIMINAL HISTORY CHECKS AND THE BASIC DAY CARE LICENSE; AMENDING
3 SECTION 39-1105, IDAHO CODE, TO REQUIRE THAT ANY PERSON WHO OWNS, OPERATES
4 OR IS EMPLOYED BY A PRIVATE SCHOOL OR RELIGIOUS SCHOOL FOR EDUCATIONAL
5 PURPOSES FOR CHILDREN OVER FOUR YEARS OF AGE OR A RELIGIOUS KINDERGARTEN
6 SHALL COMPLY WITH THE CRIMINAL HISTORY CHECK REQUIREMENTS FOR BASIC DAY
7 CARE LICENSURE; AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 39-1105, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain a
12 criminal history check on the owners, operators and employees of a day care
13 center who have direct contact with children, and on all volunteers and other
14 individuals twelve (12) years of age or older who have unsupervised direct
15 contact with children in a day care center. The criminal history check shall
16 include the following for all persons subject to the provisions of this sec-
17 tion who are eighteen (18) years of age or older:
18 (la) Statewide criminal identification bureau;
19 (2b) Federal bureau of investigation (FBI) criminal history;
20 (3c) National crime information center; and
21 (4d) Statewide child abuse register.
22 (2) Criminal history checks on those persons under eighteen (18) years of
23 age shall include a check of the juvenile justice records of adjudications of
24 the magistrate division of the district court, county probation services and
25 department of health and welfare records as authorized by the minor and his
26 parent or guardian.
27 (3) Notwithstanding the provisions of section 39-1103, Idaho Code, which
28 provide for exemption from the provisions of this chapter, any person who
29 owns, operates or is employed by a private school or religious school for edu-
30 cational purposes for children over four (4) years of age or a religious kin-
31 dergarten shall comply with the provisions of this section.
32 SECTION 2. This act shall be in full force and effect on and after July
33 1, 2000.
STATEMENT OF PURPOSE
RS 09420
The safety of our children should be the highest priority for the state. Sexual child
abuse is one of the fastest- growing crimes in the nation. The Idaho Code as
currently written for day care could allow providers and employees of some
schools for preschool-aged children to be exempt from background checks. This
legislation addresses that concern and requires operators of a private or religious
kindergarten or preschool for children over 4 years of age to have a background
check.
FISCAL IMPACT
There will be no cost to state government. The cost of the background check
would be paid by either the employer or employee.
Contact
Name: Senator Marguerite McLaughlin
Phone: 332-1357
STATEMENT OF PURPOSE/FISCAL NOTE S 1392