2006 Legislation
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SENATE BILL NO. 1338 – Certified family home, complaint


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Bill Status

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
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

Bill Text

  ]]]]              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
  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:
 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-
  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
  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 / Fiscal Impact

                      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.

Name:	Paul Leary
Agency:	Health and Welfare
Phone:	364-1804