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S1037................................................by JUDICIARY AND RULES CRIMINAL BACKGROUND CHECKS - CARE SERVICES - Adds to existing law to authorize the Department of Health and Welfare to conduct criminal history background checks on individuals and department employees who provide care or services that are financially supported, licensed or certified by the department; to specify procedures; to specify requirements for disclosure by the applicant; to provide review; to govern disclosure and immunity; and to limit the purposes of the background check. 01/20 Senate intro - 1st rdg - to printing 01/21 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1037 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND WELFARE TO CON- 3 DUCT CRIMINAL HISTORY BACKGROUND CHECKS; AMENDING CHAPTER 10, TITLE 56, 4 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1004A, IDAHO CODE, TO AU- 5 THORIZE THE DEPARTMENT OF HEALTH AND WELFARE TO CONDUCT CRIMINAL HISTORY 6 BACKGROUND CHECKS ON INDIVIDUALS AND DEPARTMENT EMPLOYEES WHO PROVIDE CARE 7 OR SERVICES THAT ARE FINANCIALLY SUPPORTED, LICENSED OR CERTIFIED BY THE 8 DEPARTMENT, TO SPECIFY PROCEDURES, TO SPECIFY REQUIREMENTS FOR DISCLOSURE 9 BY THE APPLICANT, TO PROVIDE REVIEW, TO GOVERN DISCLOSURE AND IMMUNITY AND 10 TO LIMIT PURPOSES OF THE BACKGROUND CHECK. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 10, Title 56, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 56-1004A, Idaho Code, and to read as follows: 15 56-1004A. CRIMINAL HISTORY BACKGROUND CHECKS. (1) To assist in the pro- 16 tection of children and vulnerable adults, the legislature hereby authorizes 17 criminal history background checks of individuals and department employees who 18 provide care or services to, or have unsupervised contact with, vulnerable 19 adults or children. These may include services or care that is financially 20 supported, licensed or certified by the department of health and welfare. The 21 department of health and welfare shall promulgate rules to identify which 22 individuals must have a fingerprint-based criminal history background check. 23 (2) The criminal history background check may include, but is not limited 24 to, information from the following: 25 (a) Statewide criminal identification bureau; 26 (b) Federal bureau of investigation (FBI); 27 (c) National crime information center; 28 (d) Statewide sex offender registry; 29 (e) Idaho transportation department driving records; 30 (f) Adult and child protection registries; and 31 (g) Nurse aide registry. 32 (3) Each applicant who is required to complete a criminal history back- 33 ground check must sign forms provided by the department, authorizing the 34 department to obtain and release information in accordance with state and fed- 35 eral law. The applicant must disclose all information requested, including 36 information on past convictions, driver's license revocations, and valid adult 37 or child protection findings. 38 (4) The department shall review the information received from the crimi- 39 nal history background check and determine whether the applicant has a crimi- 40 nal or other record that would disqualify the individual. The department may 41 determine which crimes disqualify the applicant and for what period of time. 42 The applicant shall be provided an opportunity for an informal or formal 43 review of a denial, based on the nature of the applicant's record. The depart- 2 1 ment shall communicate clearance or denial of the application to the 2 applicant's employer, if any. 3 (5) Applicants who fail to disclose information on the forms provided or 4 who falsify information may be subject to criminal penalties under chapter 32, 5 title 18, Idaho Code. 6 (6) The department, or an employer of an applicant, who acts in reason- 7 able reliance on the results of the criminal history background check, is im- 8 mune from liability for the consequences of an application or employment deci- 9 sion. 10 (7) The department, its officers and employees, are immune from liability 11 for the consequences of including or excluding classes of individuals in the 12 criminal history background check process. 13 (8) Clearance through the criminal history background check process is 14 not a determination of suitability for employment.
STATEMENT OF PURPOSE RS 14410C1 This legislation will help the state protect vulnerable Idahoans by providing the Department of Health and Welfare statutory authority to require fingerprint-based criminal history background checks on employees, contractors, providers and others who have unsupervised contact or provide direct care services to children and vulnerable adults. The Department would be required to promulgate rules to identify which classes of individuals would be required to complete the criminal history background checks. This statute would also provide immunity for employers who rely on the results of the criminal history background checks for employment decisions FISCAL IMPACT By itself, the fiscal impact of this legislation is negligible. The legislation does not specify classes of individuals who will be required to complete a criminal history background check. Fiscal impact will be determined through the rules-making process. CONTACT Name: Mond Warren Agency: Health and Welfare Phone: 334-0609 Statement of Purpose/Fiscal Impact S 1037