2007 Legislation
Print Friendly

HOUSE BILL NO. 162 – Child abuse, report, confidential

HOUSE BILL NO. 162

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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