39-1105. CRIMINAL HISTORY CHECKS. (1) The department shall obtain from the owner a criminal history check on the owners, operators and employees of a daycare facility who have direct contact with children, and on all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility. The criminal history check shall include the following for all persons subject to the provisions of this section who are eighteen (18) years of age or older:

(a) Statewide criminal identification bureau;

(b) Federal bureau of investigation (FBI) criminal history;

(c) National crime information center; and

(d) Statewide child abuse registry.

(2) Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.

(3) Notwithstanding the provisions of section 39-1103, Idaho Code, which provide for exemption from the provisions of this chapter, any person who owns, operates or is employed by a private school for educational purposes for children four (4) through six (6) years of age or a private kindergarten shall comply with the provisions of this section.

History:

[39-1105, added 1987, ch. 56, sec. 1, p. 94; am. 1992, ch. 90, sec. 1, p. 279; am. 1994, ch. 453, sec. 1, p. 1443; am. 2000, ch. 191, sec. 1, p. 472; am. 2009, ch. 295, sec. 5, p. 875.]