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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
|||| 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