The proposed bill introduces 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 the individuals and entities subject to these checks, including adoptive parents, daycare providers, and various healthcare professionals. Additionally, the bill repeals Section 56-1004A and amends existing sections of the Idaho Code 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 criminal history checks for daycare owners, operators, employees, and individuals with unsupervised contact with children be conducted at least every five years, including checks for individuals under eighteen years of age and private school employees. It outlines the procedures for appointing guardians and conservators, emphasizing the necessity of criminal history checks for proposed guardians and conservators. The bill establishes a preference for parents of individuals with developmental disabilities to be appointed as co-guardians or co-conservators unless deemed unwilling or incapable. The act is set to take effect on July 1, 2026, due to an emergency declaration.

Statutes affected:
Bill Text: 56-1004A, 32-1805, 39-1105, 66-404
Engrossment 1: 56-1004A, 32-1805, 39-1105, 66-404