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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
]]]] 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
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