Idaho Admin. Code r. 16.06.02.009 - CRIMINAL HISTORY AND BACKGROUND CHECK REQUIREMENTS

01. Compliance with Department Background Check. Background checks are required for individuals who are licensed under these rules. Individuals who are required to have background checks must comply with IDAPA 16.05.06, "Criminal History and Background Checks," except for those individuals described in Subsection 009.04 of this rule. (3-28-23)

02. When License is Granted. The applicant(s) and any other adult(s) living in a foster home must have a completed background check, including clearance, prior to licensure. (3-28-23)

03. Individuals Subject to Background Check Requirements. The following individuals must receive background check clearance prior to licensure: (3-28-23)

a. Adoptive Parents. The background check requirements are found in IDAPA 16.04.18, "Children's Agencies and Residential Licensing," Section 009. (3-28-23)

b. Daycare Center, Group Daycare Facility, and Family Day Care Home. The background check requirements are found in Section 309 of these rules and in Sections 39-1105, 39-1113, and 39-1114, Idaho Code. (3-28-23)

c. Licensed Foster Care Home. The background check requirements are found in Section 403 of these rules and in Section 39-1211(4), Idaho Code. (3-28-23)

04. Exceptions to Background Checks for Certain Youths. Background checks are optional for certain youth placed in licensed foster homes and licensed residential care facilities such as youth in foster care who reach the age of eighteen (18) but are less than twenty-one (21) years old age and continue to reside in the same licensed foster home. (3-28-23)

05. Background Check at Any Time. The Department can require a background check at any time on any individual who: (3-28-23)

a. Is a resident or an adult living in a licensed foster home; or (3-28-23)

b. Is an owner, operator, daycare center staff, group daycare facility, family daycare home, and all other individuals who are thirteen (13) years old or older who have unsupervised direct contact with children or who are regularly on the premises. (3-28-23)

Notes

Idaho Admin. Code r. 16.06.02.009