Bill > H0494

This bill establishes new provisions for background checks conducted by the Department of Health and Welfare (DHW), defining terms like "applicant" (someone undergoing a check), "application" (the request for a check), and "background check" itself, which can include checks against state and federal criminal records, child and adult protection registries, and other relevant databases. The DHW is authorized to conduct these checks, and the information obtained is confidential. The department can create rules for disqualifying crimes and set fees for these checks, which applicants are generally responsible for paying. The bill specifies a broad range of individuals who must undergo these background checks, including those involved in childcare, elder care, and various healthcare services, as well as employees and volunteers of the DHW who have access to vulnerable populations or sensitive information. Importantly, a clearance from a background check does not automatically mean someone is suitable for employment, and the DHW and employers are protected from liability if they reasonably rely on the clearance in making employment decisions. The bill also repeals an existing law related to criminal history and background checks and makes conforming amendments to various other Idaho Code sections to reflect the new chapter on background checks, including those related to temporary care assistance, guardianship, and daycare facilities.

Health and Social Services

Health and Welfare Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0494/