The proposed bill introduces a new Chapter 25 to Title 56 of the Idaho Code, establishing comprehensive regulations for conducting background checks. It defines key terms such as "applicant," "background check," and "disqualifying crime," and authorizes the Department of Health and Welfare to perform fingerprint-based background checks through the Idaho State Police and the FBI. The bill emphasizes the confidentiality of the information obtained during these checks and outlines the associated rules and fees. It specifies that individuals and entities required to undergo background checks include adoptive parents, childcare providers, and various healthcare professionals. Additionally, the bill repeals Section 56-1004A and amends several existing sections to align with the new provisions, clarifying that an applicant's clearance does not guarantee employment suitability and limiting employer liability based on background check results.

Moreover, the bill mandates that all owners, operators, and employees of daycare facilities with direct contact with children, as well as individuals aged thirteen and older with unsupervised contact, must complete a criminal history and background check every five years. It extends these requirements to private schools and kindergartens for children aged four to six, ensuring that checks for individuals under eighteen include juvenile justice records. In guardianship and conservatorship proceedings, the bill outlines the petition process for appointing guardians or conservators for individuals with developmental disabilities, requiring criminal history checks for proposed guardians and individuals residing in their homes. It also allows for the appointment of co-guardians or co-conservators while protecting the rights of the respondent. The bill is set to take effect on July 1, 2026.

Statutes affected:
Bill Text: 56-1004A, 32-1805, 39-1105, 66-404