Print Friendly SENATE BILL NO. 1037 – Child/adult, care, background check
SENATE BILL NO. 1037
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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-
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-
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
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
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.
Name: Mond Warren
Agency: Health and Welfare
Statement of Purpose/Fiscal Impact S 1037