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S1338.................................................by HEALTH AND WELFARE
CERTIFIED FAMILY HOMES - Amends and adds to existing law to provide a
public records exemption for records and information identifying a
complainant; and to provide for filing a complaint, investigation and
inspection.
02/02 Senate intro - 1st rdg - to printing
02/03 Rpt prt - to Health/Wel
02/07 Rpt out - rec d/p - to 2nd rdg
02/08 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stennett, Sweet, Werk, Williams
NAYS -- Stegner
Absent and excused -- None
Floor Sponsor - Darrington
Title apvd - to House
02/15 House intro - 1st rdg - to Health/Wel
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/24 3rd rdg - PASSED - 64-3-3
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Henbest, Henderson,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Wills, Mr. Speaker
NAYS -- Barrett, Harwood, Wood
Absent and excused -- Deal, Smith(24), Trail
Floor Sponsor - Garrett
Title apvd - to Senate
03/27 To enrol
03/28 Rpt enrol - Pres signed
03/29 Sp signed
03/30 To Governor
03/31 Governor signed
Session Law Chapter 282
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1338
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CERTIFIED FAMILY HOMES; AMENDING SECTION 9-340B, IDAHO CODE, TO
3 PROVIDE A PUBLIC RECORDS EXEMPTION FOR RECORDS AND INFORMATION IDENTIFYING
4 A COMPLAINANT; AND AMENDING CHAPTER 35, TITLE 39, IDAHO CODE, BY THE ADDI-
5 TION OF A NEW SECTION 39-3556, IDAHO CODE, TO PROVIDE FOR FILING A COM-
6 PLAINT, INVESTIGATION AND INSPECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 9-340B, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
11 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR-
12 KER'S COMPENSATION. The following records are exempt from disclosure:
13 (1) Investigatory records of a law enforcement agency, as defined in sec-
14 tion 9-337(6), Idaho Code, under the conditions set forth in section 9-335,
15 Idaho Code.
16 (2) Juvenile records of a person maintained pursuant to chapter 5, title
17 20, Idaho Code, except that facts contained in such records shall be furnished
18 upon request in a manner determined by the court to persons and governmental
19 and private agencies and institutions conducting pertinent research studies or
20 having a legitimate interest in the protection, welfare and treatment of the
21 juvenile who is thirteen (13) years of age or younger. If the juvenile is
22 petitioned or charged with an offense which would be a criminal offense if
23 committed by an adult, the name, offense of which the juvenile was petitioned
24 or charged and disposition of the court shall be subject to disclosure as pro-
25 vided in section 20-525, Idaho Code. Additionally, facts contained in any
26 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
27 be furnished upon request to any school district where the juvenile is
28 enrolled or is seeking enrollment.
29 (3) Records of the custody review board of the Idaho department of juve-
30 nile corrections, including records containing the names, addresses and writ-
31 ten statements of victims and family members of juveniles, shall be exempt
32 from public disclosure pursuant to section 20-533A, Idaho Code.
33 (4) (a) The following records of the department of correction:
34 (i) Records of which the public interest in confidentiality, public
35 safety, security and habilitation clearly outweighs the public inter-
36 est in disclosure as identified pursuant to the authority of the
37 Idaho board of correction under section 20-212, Idaho Code;
38 (ii) Records that contain any identifying information, or any infor-
39 mation that would lead to the identification of any victims or wit-
40 nesses;
41 (iii) Records that reflect future transportation or movement of a
42 prisoner;
43 (iv) Records gathered during the course of the presentence investi-
2
1 gation;
2 (v) Records of a prisoner, as defined in section 9-337(9), Idaho
3 Code, or probationer shall not be disclosed to any other prisoner or
4 probationer.
5 (b) Records of buildings, facilities, infrastructures and systems held by
6 or in the custody of any public agency only when the disclosure of such
7 information would jeopardize the safety of persons or the public safety.
8 Such records may include emergency evacuation, escape or other emergency
9 response plans, vulnerability assessments, operation and security manuals,
10 plans, blueprints or security codes. For purposes of this section
11 "system" shall mean electrical, heating, ventilation, air conditioning and
12 telecommunication systems.
13 (c) Records of the commission of pardons and parole shall be exempt from
14 public disclosure pursuant to section 20-213A, Idaho Code, and section
15 20-223, Idaho Code. Records exempt from disclosure shall also include
16 those containing the names, addresses and written statements of victims.
17 (5) Voting records of the sexual offender classification board. In accor-
18 dance with section 18-8315, Idaho Code, the written record of the vote to
19 classify an offender as a violent sexual predator by each board member in each
20 case reviewed by that board member shall be exempt from disclosure to the pub-
21 lic and shall be made available upon request only to the governor, the chair-
22 man of the senate judiciary and rules committee, and the chairman of the house
23 of representatives judiciary, rules and administration committee, for all law-
24 ful purposes.
25 (6) Records of the sheriff or Idaho state police received or maintained
26 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
27 (7) Records of investigations prepared by the department of health and
28 welfare pursuant to its statutory responsibilities dealing with the protection
29 of children, the rehabilitation of youth, adoptions and the commitment of men-
30 tally ill persons.
31 (8) Records including, but not limited to, investigative reports, result-
32 ing from investigations conducted into complaints of discrimination made to
33 the Idaho human rights commission unless the public interest in allowing
34 inspection and copying of such records outweighs the legitimate public or pri-
35 vate interest in maintaining confidentiality of such records. A person may
36 inspect and copy documents from an investigative file to which he or she is a
37 named party if such documents are not otherwise prohibited from disclosure by
38 federal law or regulation or state law. The confidentiality of this subsection
39 will no longer apply to any record used in any judicial proceeding brought by
40 a named party to the complaint or investigation, or by the Idaho human rights
41 commission, relating to the complaint of discrimination.
42 (9) Records containing information obtained by the manager of the Idaho
43 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
44 behalf of employers or employees contained in underwriting and claims for ben-
45 efits files.
46 (10) The worker's compensation records of the Idaho industrial commission
47 provided that the industrial commission shall make such records available:
48 (a) To the parties in any worker's compensation claim and to the indus-
49 trial special indemnity fund of the state of Idaho; or
50 (b) To employers and prospective employers subject to the provisions of
51 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
52 limitations, who certify that the information is being requested with
53 respect to a worker to whom the employer has extended an offer of employ-
54 ment and will be used in accordance with the provisions of the Americans
55 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
3
1 (c) To employers and prospective employers not subject to the provisions
2 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
3 tory limitations, provided the employer presents a written authorization
4 from the person to whom the records pertain; or
5 (d) To others who demonstrate that the public interest in allowing
6 inspection and copying of such records outweighs the public or private
7 interest in maintaining the confidentiality of such records, as determined
8 by a civil court of competent jurisdiction; or
9 (e) Although a claimant's records maintained by the industrial commis-
10 sion, including medical and rehabilitation records, are otherwise exempt
11 from public disclosure, the quoting or discussing of medical or rehabili-
12 tation records contained in the industrial commission's records during a
13 hearing for compensation or in a written decision issued by the industrial
14 commission shall be permitted; provided further, the true identification
15 of the parties shall not be exempt from public disclosure in any written
16 decision issued and released to the public by the industrial commission.
17 (11) Records of investigations compiled by the commission on aging involv-
18 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
19 be abused, neglected or exploited.
20 (12) Criminal history records and fingerprints, as defined by section
21 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
22 shall be released only in accordance with chapter 30, title 67, Idaho Code.
23 (13) Records furnished or obtained pursuant to section 41-1019, Idaho
24 Code, regarding termination of an appointment, employment, contract or other
25 insurance business relationship between an insurer and a producer.
26 (14) Records of a prisoner or former prisoner in the custody of any state
27 or local correctional facility, when the request is made by another prisoner
28 in the custody of any state or local correctional facility.
29 (15) Except as provided in section 72-1007, Idaho Code, records of the
30 Idaho industrial commission relating to compensation for crime victims under
31 chapter 10, title 72, Idaho Code.
32 (16) Records or information identifying a complainant maintained by the
33 department of health and welfare pursuant to section 39-3556, Idaho Code,
34 relating to certified family homes, unless the complainant consents in writing
35 to the disclosure or the disclosure of the complainant's identity is required
36 in any administrative or judicial proceeding.
37 SECTION 2. That Chapter 35, Title 39, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 39-3556, Idaho Code, and to read as follows:
40 39-3556. COMPLAINTS. (1) A person who believes that any provision of this
41 chapter has been violated may file a complaint with the certifying agency. Any
42 such complaint shall be subject to the exemption from disclosure set forth in
43 section 9-340B(16), Idaho Code.
44 (2) The certifying agency shall investigate, or cause to be investigated,
45 any complaint alleging a violation of this chapter or applicable rules. If the
46 certifying agency reasonably believes there has been such a violation, it
47 shall conduct an inspection of the facility.
STATEMENT OF PURPOSE
RS 15405
During the 2005 Legislative session Idaho Code §39-3556 was
inadvertently omitted as part of the repeal and re-write of the
Certified Family Home Chapter in Title 39. This section of
code protected the identity of an individual filing a complaint
against a Certified Family Home with the certifying agency. To
protect the Health and Safety of clients in Certified Family
Homes the Department encourages individuals to file complaints
if they think that any provision of the law dealing with
Certified Family Homes has been violated. We are recommending
that Idaho Code be amended to include the protection of the
anonymity of a complainant who lodges a complaint against a
Certified Family Home. This change is needed to carve out an
exception to Idaho Code §9-338 that reads as follows: PUBLIC
RECORDS -- RIGHT TO EXAMINE. (1) Every person has a right to
examine and take a copy of any public record of this state and
there is a presumption that all public records in Idaho are open
at all reasonable times for inspection except as otherwise
expressly provided by statute.
We are seeking provisions in statute, in both Title 9 and Title
39, to allow a person that registers a complaint against a
Certified Family Home to do so anonymously if they so choose.
FISCAL NOTE
There is no fiscal impact related to this legislation.
CONTACT
Name: Paul Leary
Agency: Health and Welfare
Phone: 364-1804
STATEMENT OF PURPOSE/FISCAL NOTE S 1338