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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 center14 facility of any size who have directcontact with children, and on all volun- 15 teers and other individuals twelve (12) years of age or older who have 16 unsupervised directcontact with children in a day care centerfacility 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