TITLE 67

STATE GOVERNMENT AND STATE AFFAIRS

CHAPTER 30

CRIMINAL HISTORY RECORDS AND CRIME INFORMATION

67-3008A.  submission by a covered entity for fingerprint screening. (1) Any private, noncriminal justice entities qualifying to participate under the national child protection act of 1993 and volunteers for children act, as amended, that serve vulnerable populations such as children, the elderly, and individuals with disabilities are authorized to submit fingerprints to the bureau for examination and for further submission, if necessary, to the federal bureau of investigation for a criminal history records check. The bureau shall be the state’s sole source of fingerprint submissions to the federal bureau of investigation for applicant or licensing purposes.

(2)  A qualified entity shall submit a request for fingerprint screening to the bureau for a covered individual, independent contractor, vendor employee, or volunteer of the qualified entity who has supervised or unsupervised access to children, the elderly, or individuals with disabilities for eligibility screening of any state criminal history records and for forwarding to the federal bureau of investigation for its report on the criminal history of that person.

(3)  The bureau shall provide written notification to any person being screened regarding the right of the person to obtain a copy of his background screening report, including without limitation any records of criminal history contained in the report, to appeal the results of the background screening report, to challenge the accuracy and completeness of any information contained therein, and to obtain a determination as to the validity of such a challenge before the qualified entity makes a final determination as to the fitness of the person to have responsibility for the safety and well-being of vulnerable populations.

(4)  A request submitted pursuant to subsection (2) of this section shall be accompanied by the payment of a fee to the bureau as authorized by section 67-3010, Idaho Code, plus the amount prescribed by the federal bureau of investigation for its report on the criminal history of the person in accordance with the provisions of 34 U.S.C. 40102(e).

(5)  After a request is submitted pursuant to subsection (2) of this section, the bureau shall provide directly to the qualified entity:

(a)  Any records of criminal history of the person being screened that are not otherwise confidential pursuant to applicable statute or law; and

(b)  Any records of criminal history of the person being screened that were received from the federal bureau of investigation. Any records of criminal history obtained shall be available for qualified entities to use only for the purpose of screening covered individuals, independent contractors, vendor employees, or volunteers of the qualified entity who have supervised or unsupervised access to vulnerable populations.

(6)  Determination as to the fitness of a person to have responsibility for the safety and well-being of vulnerable populations shall be the sole responsibility of the qualified entity that submitted the request for screening.

(7)  The bureau may audit any qualified entity that submits a request for screening pursuant to subsection (2) of this section to ensure compliance with all applicable state and federal laws. Each qualified entity shall maintain all signed waivers allowing such requests for the purpose of an audit for at least one (1) audit cycle or for as long as the screened individual is employed by or volunteers for the qualified entity, whichever is greater.

(8)  As used in this section:

(a)  "Covered individual" means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities served by a qualified entity and:

(i)   Is employed by, volunteers with, or seeks to be employed by or volunteer with a qualified entity;

(ii)  Owns or operates, or seeks to own or operate, a qualified entity; or

(iii) Is an independent contractor or vendor working or volunteering in the same capacity as an employee or volunteer of a qualified entity.

(b)  "Qualified entity" means a business or organization, whether public, private, for-profit, not-for-profit, or volunteer, that meets the qualifications to participate in criminal history records screening pursuant to P.L. 103-209, the national child protection act of 1993, as amended, and 28 CFR 105, subpart D, the child protection improvements act.

History:

[67-3008A, added 2026, ch. 77, sec. 2, p. 321.]