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H0162.................................................by HEALTH AND WELFARE
CHILD ABUSE - REPORTING - Adds to and amends existing law to provide
minimum reporting requirements for allegations of child abuse, abandonment
or neglect; to provide minimum requirements in the case of physical abuse;
to exempt from disclosure under the public records act the name of any
person making a report or allegation of child abuse, abandonment or neglect
unless the person makes a report or allegation knowing the same to be false
or reports or alleges the same in bad faith or with malice.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 162
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO REPORTS OF CHILD ABUSE; AMENDING CHAPTER 16, TITLE 16, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 16-1605A, IDAHO CODE, TO PROVIDE MINIMUM
4 REPORTING REQUIREMENTS FOR ALLEGATIONS OF CHILD ABUSE, ABANDONMENT OR
5 NEGLECT, TO PROVIDE MINIMUM REQUIREMENTS IN THE CASE OF PHYSICAL ABUSE AND
6 TO PROVIDE EXEMPTIONS FROM DISCLOSURE; AMENDING SECTION 9-340B, IDAHO
7 CODE, TO EXEMPT FROM DISCLOSURE THE NAME OF ANY PERSON MAKING A REPORT OR
8 ALLEGATION OF CHILD ABUSE, ABANDONMENT OR NEGLECT UNLESS THE PERSON MAKES
9 A REPORT OR ALLEGATION KNOWING THE SAME TO BE FALSE OR REPORTS OR ALLEGES
10 THE SAME IN BAD FAITH OR WITH MALICE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 16, Title 16, 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 16-1605A, Idaho Code, and to read as follows:
15 16-1605A. REPORTS -- CONFIDENTIALITY. The department shall not investi-
16 gate a report or allegation of child abuse, abandonment or neglect, including
17 the questioning of or allegations by third parties, unless the name of the
18 person reporting or alleging the same is supplied to the department and the
19 person certifies such fact in an affidavit. In the case of physical abuse more
20 than one (1) corroborating medical authority shall be supplied to the depart-
21 ment. The name of the person reporting or alleging child abuse shall be
22 exempt from disclosure pursuant to section 9-340B, Idaho Code.
23 SECTION 2. That Section 9-340B, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
26 TIGATORY RECORDS OF AGENCIES, EVACUATION AND EMERGENCY RESPONSE PLANS, WOR-
27 KER'S COMPENSATION. The following records are exempt from disclosure:
28 (1) Investigatory records of a law enforcement agency, as defined in sec-
29 tion 9-337(7), Idaho Code, under the conditions set forth in section 9-335,
30 Idaho Code.
31 (2) Juvenile records of a person maintained pursuant to chapter 5, title
32 20, Idaho Code, except that facts contained in such records shall be furnished
33 upon request in a manner determined by the court to persons and governmental
34 and private agencies and institutions conducting pertinent research studies or
35 having a legitimate interest in the protection, welfare and treatment of the
36 juvenile who is thirteen (13) years of age or younger. If the juvenile is
37 petitioned or charged with an offense which would be a criminal offense if
38 committed by an adult, the name, offense of which the juvenile was petitioned
39 or charged and disposition of the court shall be subject to disclosure as pro-
40 vided in section 20-525, Idaho Code. Additionally, facts contained in any
41 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
2
1 be furnished upon request to any school district where the juvenile is
2 enrolled or is seeking enrollment.
3 (3) Records of the custody review board of the Idaho department of juve-
4 nile corrections, including records containing the names, addresses and writ-
5 ten statements of victims and family members of juveniles, shall be exempt
6 from public disclosure pursuant to section 20-533A, Idaho Code.
7 (4) (a) The following records of the department of correction:
8 (i) Records of which the public interest in confidentiality, public
9 safety, security and habilitation clearly outweighs the public inter-
10 est in disclosure as identified pursuant to the authority of the
11 Idaho board of correction under section 20-212, Idaho Code;
12 (ii) Records that contain any identifying information, or any infor-
13 mation that would lead to the identification of any victims or wit-
14 nesses;
15 (iii) Records that reflect future transportation or movement of a
16 prisoner;
17 (iv) Records gathered during the course of the presentence investi-
18 gation;
19 (v) Records of a prisoner, as defined in section 9-337(10), Idaho
20 Code, or probationer shall not be disclosed to any other prisoner or
21 probationer.
22 (b) Records of buildings, facilities, infrastructures and systems held by
23 or in the custody of any public agency only when the disclosure of such
24 information would jeopardize the safety of persons or the public safety.
25 Such records may include emergency evacuation, escape or other emergency
26 response plans, vulnerability assessments, operation and security manuals,
27 plans, blueprints or security codes. For purposes of this section "system"
28 shall mean electrical, heating, ventilation, air conditioning and telecom-
29 munication systems.
30 (c) Records of the commission of pardons and parole shall be exempt from
31 public disclosure pursuant to section 20-213A, Idaho Code, and section
32 20-223, Idaho Code. Records exempt from disclosure shall also include
33 those containing the names, addresses and written statements of victims.
34 (5) Voting records of the sexual offender classification board. In accor-
35 dance with section 18-8315, Idaho Code, the written record of the vote to
36 classify an offender as a violent sexual predator by each board member in each
37 case reviewed by that board member shall be exempt from disclosure to the pub-
38 lic and shall be made available upon request only to the governor, the chair-
39 man of the senate judiciary and rules committee, and the chairman of the house
40 of representatives judiciary, rules and administration committee, for all law-
41 ful purposes.
42 (6) Records of the sheriff or Idaho state police received or maintained
43 pursuant to section 18-3302, Idaho Code, relating to an applicant or licensee.
44 (7) Records of investigations prepared by the department of health and
45 welfare pursuant to its statutory responsibilities dealing with the protection
46 of children, the rehabilitation of youth, adoptions and the commitment of men-
47 tally ill persons.
48 (8) Records including, but not limited to, investigative reports, result-
49 ing from investigations conducted into complaints of discrimination made to
50 the Idaho human rights commission unless the public interest in allowing
51 inspection and copying of such records outweighs the legitimate public or pri-
52 vate interest in maintaining confidentiality of such records. A person may
53 inspect and copy documents from an investigative file to which he or she is a
54 named party if such documents are not otherwise prohibited from disclosure by
55 federal law or regulation or state law. The confidentiality of this subsection
3
1 will no longer apply to any record used in any judicial proceeding brought by
2 a named party to the complaint or investigation, or by the Idaho human rights
3 commission, relating to the complaint of discrimination.
4 (9) Records containing information obtained by the manager of the Idaho
5 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
6 behalf of employers or employees contained in underwriting and claims for ben-
7 efits files.
8 (10) The worker's compensation records of the Idaho industrial commission
9 provided that the industrial commission shall make such records available:
10 (a) To the parties in any worker's compensation claim and to the indus-
11 trial special indemnity fund of the state of Idaho; or
12 (b) To employers and prospective employers subject to the provisions of
13 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
14 limitations, who certify that the information is being requested with
15 respect to a worker to whom the employer has extended an offer of employ-
16 ment and will be used in accordance with the provisions of the Americans
17 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
18 (c) To employers and prospective employers not subject to the provisions
19 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
20 tory limitations, provided the employer presents a written authorization
21 from the person to whom the records pertain; or
22 (d) To others who demonstrate that the public interest in allowing
23 inspection and copying of such records outweighs the public or private
24 interest in maintaining the confidentiality of such records, as determined
25 by a civil court of competent jurisdiction; or
26 (e) Although a claimant's records maintained by the industrial commis-
27 sion, including medical and rehabilitation records, are otherwise exempt
28 from public disclosure, the quoting or discussing of medical or rehabili-
29 tation records contained in the industrial commission's records during a
30 hearing for compensation or in a written decision issued by the industrial
31 commission shall be permitted; provided further, the true identification
32 of the parties shall not be exempt from public disclosure in any written
33 decision issued and released to the public by the industrial commission.
34 (11) Records of investigations compiled by the commission on aging involv-
35 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
36 be abused, neglected or exploited.
37 (12) Criminal history records and fingerprints, as defined by section
38 67-3001, Idaho Code, and compiled by the Idaho state police. Such records
39 shall be released only in accordance with chapter 30, title 67, Idaho Code.
40 (13) Records furnished or obtained pursuant to section 41-1019, Idaho
41 Code, regarding termination of an appointment, employment, contract or other
42 insurance business relationship between an insurer and a producer.
43 (14) Records of a prisoner or former prisoner in the custody of any state
44 or local correctional facility, when the request is made by another prisoner
45 in the custody of any state or local correctional facility.
46 (15) Except as provided in section 72-1007, Idaho Code, records of the
47 Idaho industrial commission relating to compensation for crime victims under
48 chapter 10, title 72, Idaho Code.
49 (16) Records or information identifying a complainant maintained by the
50 department of health and welfare pursuant to section 39-3556, Idaho Code,
51 relating to certified family homes, unless the complainant consents in writing
52 to the disclosure or the disclosure of the complainant's identity is required
53 in any administrative or judicial proceeding.
54 (17) The name of any person making a report or allegation of child abuse,
55 abandonment or neglect unless the person makes a report or allegation knowing
4
1 the same to be false or reports or alleges the same in bad faith or with mal-
2 ice.
STATEMENT OF PURPOSE
RS 16893
This legislation allows the Department of Health and Welfare to
investigate reports or allegations of child abuse only when the
person reporting or alleging the abuse supplies his or her name
and an affidavit; names will be exempt from disclosure unless the
report is intentionally false or made in bad faith. This
legislation also requires more than one (1) corroborating medical
authority in cases of physical abuse.
FISCAL NOTE
There is no fiscal impact to the General Fund.
Contact
Name: Rep. Nielsen
Phone: 208 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 162