2004 Legislation
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HOUSE BILL NO. 572 – Day care staff, criminal hist check

HOUSE BILL NO. 572

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Bill Status



H0572................................by JUDICIARY, RULES AND ADMINISTRATION
DAY CARE FACILITIES - EMPLOYEES/VOLUNTEERS - Amends existing law to revise
criminal history checks for employees and volunteers in day care
facilities; and to provide that persons who have been found guilty of
certain crimes against children shall not be permitted on the premises of a
day care facility except to pick up their own children from the facility.
                                                                        
01/28    House intro - 1st rdg - to printing
01/29    Rpt prt - to Jud
02/04    Rpt out - ref'd to Health/Wel

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 572
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DAY CARE FACILITIES; AMENDING  SECTION  39-1105,  IDAHO  CODE,  TO
  3        REVISE  REQUIREMENTS  FOR  CRIMINAL  HISTORY  CHECKS; AMENDING CHAPTER 11,
  4        TITLE 39, IDAHO CODE, BY THE ADDITION OF A  NEW  SECTION  39-1113A,  IDAHO
  5        CODE, TO PROVIDE THAT CERTAIN PERSONS ARE NOT PERMITTED ON THE PREMISES OF
  6        A  DAY  CARE FACILITY, TO PROVIDE CRIMINAL AND CIVIL PENALTIES AND TO PRO-
  7        VIDE PROCEDURES FOR A CIVIL ENFORCEMENT ACTION;  AND  DECLARING  AN  EMER-
  8        GENCY.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 39-1105, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        39-1105.  CRIMINAL HISTORY CHECKS. (1) The department shall obtain a crim-
 13    inal history check on the owners, operators and employees of a day care center
 14    facility of any size who have direct contact with children, and on all  volun-
 15    teers  and  other  individuals  twelve  (12)  years  of  age or older who have
 16    unsupervised direct contact with children in a day care center facility of any
 17    size. The criminal history check shall include the following for  all  persons
 18    subject  to  the provisions of this section who are eighteen (18) years of age
 19    or older:
 20        (a)  Statewide criminal identification bureau;
 21        (b)  Federal bureau of investigation (FBI) criminal history;
 22        (c)  National crime information center; and
 23        (d)  Statewide child abuse register.
 24        (2)  Criminal history checks on those persons under eighteen (18) years of
 25    age shall include a check of the juvenile justice records of adjudications  of
 26    the  magistrate  division of the district court, county probation services and
 27    department of health and welfare records as authorized by the  minor  and  his
 28    parent or guardian.
 29        (3)  Notwithstanding  the provisions of section 39-1103, Idaho Code, which
 30    provide for exemption from the provisions of  this  chapter,  any  person  who
 31    owns, operates or is employed by a private school for educational purposes for
 32    children four (4) through six (6) years of age or a private kindergarten shall
 33    comply with the provisions of this section.
                                                                        
 34        SECTION  2.  That  Chapter  11,  Title 39, Idaho Code, be, and the same is
 35    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 36    ignated as Section 39-1113A, Idaho Code, and to read as follows:
                                                                        
 37        39-1113A.  CERTAIN  PERSONS  NOT  PERMITTED  ON THE PREMISES OF A DAY CARE
 38    FACILITY -- PENALTIES. (1) It shall be a misdemeanor if the owner or  operator
 39    of  a  day  care  center, group day care facility or family day care home: (a)
 40    employs or contracts with a person who has been found guilty of or received  a
 41    withheld judgment for any offense involving neglect or any physical injury to,
                                                                        
                                           2
                                                                        
  1    or  other  abuse of a child including the offenses listed in subsection (2) of
  2    section 39-1113, Idaho Code, or a similar provision in  another  jurisdiction;
  3    or  (b)  allows  a  person who has been found guilty of or received a withheld
  4    judgment for any offense involving neglect or any physical injury to, or other
  5    abuse of a child including the offenses listed in subsection  (2)  of  section
  6    39-1113,  Idaho  Code, or a similar provision in another jurisdiction  to per-
  7    form volunteer work or duties at the day care center, group day care  facility
  8    or family day care home. It shall be an affirmative defense to the licensee or
  9    other  person  that  the  employee, contractor or volunteer does not come into
 10    direct or indirect contact with a child, for which the employee, contractor or
 11    volunteer is not the parent, guardian or custodian of, on the premises of  the
 12    day  care  center,  group  day  care facility or family day care home. Persons
 13    found guilty of violating the provisions of this section shall be  subject  to
 14    imprisonment  for a period of time not in excess of six (6) months, a fine not
 15    in excess of one thousand dollars ($1,000) or both such fine and imprisonment.
 16        (2)  The prosecuting attorney may  initiate  a  civil  enforcement  action
 17    against the owner or operator of a day care center, group day care facility or
 18    family  day  care  home who has violated the provisions of this section. Civil
 19    enforcement actions shall be commenced and prosecuted in the district court in
 20    and for the county in which the alleged violation occurred, and may be brought
 21    against any person who is alleged to have violated any provision of this  sec-
 22    tion  or  any  rule  which has become effective pursuant to this section. Such
 23    action may be brought to compel compliance with any provision of this  section
 24    or with any rule promulgated hereunder and for any relief or remedy authorized
 25    in  this  chapter  including injunctive relief. The prosecuting attorney shall
 26    not be required to initiate or prosecute a criminal proceeding  before  initi-
 27    ating a civil enforcement action.
 28        (3)  No civil or administrative proceeding may be brought to recover for a
 29    violation  of any provision of this section or a violation of any rule promul-
 30    gated pursuant to this chapter, more than two (2) years after the  prosecuting
 31    attorney had knowledge or ought reasonably to have had knowledge of the viola-
 32    tion.
 33        (4)  Any  person determined in a civil enforcement action to have violated
 34    any provision of this section or any rule promulgated pursuant to this section
 35    shall be liable for a  civil  penalty  not  to  exceed  ten  thousand  dollars
 36    ($10,000)  per  violation  or  one thousand dollars ($1,000) for each day of a
 37    continuing violation. The method of recovery of the  penalty  shall  be  by  a
 38    civil enforcement action in the district court in and for the county where the
 39    violation  occurred. All civil penalties collected under this section shall be
 40    paid into the current expense fund of the county. Parties to an administrative
 41    enforcement action may agree to a civil penalty as provided  in  this  subsec-
 42    tion.
                                                                        
 43        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 44    declared to exist, this act shall be in full force and effect on and after its
 45    passage and approval.

Statement of Purpose / Fiscal Impact


                                
                      STATEMENT OF PURPOSE
                                
                            RS 13622
                                
                                
The proposed changes relating to day care facilities closes a
loophole by requiring a criminal history check on the owners,
operators and employees of a day care facility of any size.

It also adds a new section to make sure that registered sex
offenders are not permitted on the premises of a day care facility
and establishes it as a misdemeanor if the law is not obeyed.
                                   



                         FISCAL IMPACT
                                
                                
National background checks will cost the applicant $34, with $24
forwarded to the FBI, and $10 remaining with the Idaho State Police
to cover overhead.













Contact:  Rep. Ann Rydalch
          332-1000

Statement of Purpose/Fiscal Impact                   H 572