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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
874
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
YOUTH
SERVICE
ORGANIZATIONS;
AMENDING
TITLE
16,
IDAHO
CODE,
BY
2
THE
ADDITION
OF
A
NEW
CHAPTER
25,
TITLE
16,
IDAHO
CODE,
TO
DEFINE
TERMS,
3
TO
ESTABLISH
YOUTH
PROTECTION
REQUIREMENTS,
TO
ESTABLISH
PROVISIONS
4
REGARDING
TRAINING
AND
POLICIES,
TO
PROVIDE
FOR
PENALTIES,
TO
ESTABLISH
5
PROVISIONS
REGARDING
INSURANCE,
AND
TO
PROVIDE
THAT
THERE
SHALL
BE
NO
6
EFFECT
ON
AN
EXISTING
CAUSE
OF
ACTION
AND
NO
DUTY
OF
REASONABLE
CARE
CRE
-
7
ATED;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Title
16,
Idaho
Code,
be,
and
the
same
is
hereby
amended
10
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
1
1
ter
25,
Title
16,
Idaho
Code,
and
to
read
as
follows:
12
CHAPTER
25
13
YOUTH
SERVICE
ORGANIZATIONS
14
16
-
2501.
DEFINITIONS.
As
used
in
this
chapter:
15
(1)
"Child"
means
an
individual
under
eighteen
(18)
years
of
age.
16
(2)
"Registered
sex
offender
check"
means
a
search
of:
17
(a)
The
state
sexual
offender
registry
as
described
in
chapter
83,
ti
-
18
tle
18,
Idaho
Code;
and
19
(b)
The
national
sex
offender
public
website
administered
by
the
United
20
States
department
of
justice.
21
(3)
"Sexual
abuse"
means
conduct
constituting
an
offense
pursuant
to
22
section
18
-
1506,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6601,
or
18
-
6604,
Idaho
23
Code,
when
committed
against
a
child.
24
(4)
"Youth
service
organization"
means
any
organization
that
has
adult
25
workers
supervising
children.
"Youth
service
organization"
shall
not
in
-
26
clude
any
person
who
is
required
to
conduct
a
background
check
on
employees
27
or
volunteers
under
any
other
provision
of
state
or
federal
law.
28
(5)
"Youth
worker"
means
an
individual:
29
(a)
Who
is
eighteen
(18)
years
of
age
or
older;
30
(b)
Who
is
employed
by
or
volunteers
with
a
youth
service
organization;
31
and
32
(c)
Whose
responsibilities
as
an
employee
or
volunteer
with
the
youth
33
service
organization
give
the
individual
regular
and
repeated
care,
su
-
34
pervision,
guidance,
or
control
of
a
child
or
children:
35
(i)
For
more
than
six
(6)
hours
in
any
twenty
-
four
(24)
hour
pe
-
36
riod;
or
37
(ii)
On
more
than
one
(1)
day
within
a
twelve
(12)
month
period.
38
16
-
2502.
YOUTH
PROTECTION
REQUIREMENTS.
(1)
A
youth
service
organiza
-
39
tion
shall
not
employ
a
youth
worker
or
allow
an
individual
to
volunteer
as
40
2
a
youth
worker
unless
the
youth
service
organization
has
completed
a
regis
-
1
tered
sex
offender
check
for
the
individual.
2
(2)
A
youth
service
organization
shall
require
a
potential
youth
worker
3
to
provide
the
individual's
full
name
and
a
current
government
-
issued
iden
-
4
tification
to
facilitate
the
registered
sex
offender
check
required
by
sub
-
5
section
(1)
of
this
section.
6
(3)
If
an
individual
is
registered
on
the
state
sexual
offender
reg
-
7
istry
or
the
national
sex
offender
public
website,
a
youth
service
organiza
-
8
tion
shall
not
employ
the
individual
as
a
youth
worker
or
allow
the
individ
-
9
ual
to
volunteer
as
a
youth
worker.
10
16
-
2503.
TRAINING
-
-
POLICIES.
(1)
A
youth
service
organization
shall
1
1
provide
and
a
youth
worker
shall
complete
training
in
sexual
abuse
identifi
-
12
cation
and
reporting
that
includes,
at
a
minimum:
13
(a)
Identification
of
grooming
behaviors;
14
(b)
Mandatory
reporting
requirements
as
provided
in
Idaho
law;
and
15
(c)
Procedures
for
internal
reporting.
16
(2)
A
youth
service
worker
shall
complete
the
training
required
in
sub
-
17
section
(1)
of
this
section
no
less
than
once
every
twenty
-
four
(24)
months.
18
(3)
A
youth
service
organization
shall
implement
written
child
abuse
19
prevention
policies
and
procedures
that
include:
20
(a)
Policies
to
ensure
that
a
registered
sex
offender
check
is
con
-
21
ducted
for
each
youth
worker
before
the
youth
worker
is
employed
or
22
allowed
to
volunteer;
and
23
(b)
Policies
to
ensure
the
reporting
of
suspected
sexual
abuse.
24
16
-
2504.
PENALTY.
(1)
Beginning
July
1,
2026,
in
any
lawsuit
against
a
25
youth
service
organization
arising
out
of
the
molestation
or
sexual
abuse
of
26
a
child
committed
by
a
youth
worker
against
a
child
who
was
in
the
custody
or
27
care
of
the
youth
service
organization,
the
youth
service
organization
shall
28
be
considered
negligent
if:
29
(a)(i)
The
youth
service
organization
failed
to
conduct
a
regis
-
30
tered
sex
offender
check
for
the
youth
worker
who
committed
the
mo
-
31
lestation
or
sexual
abuse;
and
32
(ii)
A
registered
sex
offender
check
for
the
youth
worker
would
33
have
revealed
that
the
youth
worker
was
registered
on
the
state
34
sexual
offender
registry
or
the
national
sex
offender
public
web
-
35
site;
or
36
(b)(i)
The
youth
service
organization
conducted
a
registered
sex
37
offender
check
for
the
youth
worker
who
committed
the
molestation
38
or
sexual
abuse;
39
(ii)
The
registered
sex
offender
check
revealed
that
the
youth
40
worker
was
registered
on
the
state
sexual
offender
registry
or
the
41
national
sex
offender
public
website;
and
42
(iii)
The
youth
service
organization
nevertheless
employed
the
43
youth
worker
or
allowed
the
youth
worker
to
volunteer:
44
1.
For
more
than
six
(6)
hours
in
any
twenty
-
four
(24)
hour
45
period;
or
46
2.
On
more
than
one
(1)
day
within
a
twelve
(12)
month
pe
-
47
riod.
48
3
(2)
The
provisions
of
subsection
(1)(b)
of
this
section
shall
apply
to
1
any
temporary
youth
worker
who
works
any
number
of
hours
on
only
one
(1)
day
2
within
a
twelve
(12)
month
period.
3
(3)
Nothing
in
this
section
shall
excuse
the
plaintiff
in
a
lawsuit
de
-
4
scribed
in
subsection
(1)
of
this
section
from
proving
all
other
elements
of
5
any
pleaded
claim.
6
16
-
2505.
INSURANCE.
(1)
Before
providing
liability
insurance
for
a
7
youth
service
organization
in
the
state,
an
insurer
may
do
one
(1)
or
more
of
8
the
following:
9
(a)
Request
information
from
the
youth
service
organization
demon
-
10
strating
compliance
with
the
provisions
of
this
chapter
as
part
of
the
1
1
insurer's
loss
control
program;
or
12
(b)
Require,
as
a
condition
of
providing
insurance,
proof
that
the
13
youth
service
organization
is
in
compliance
with
the
provisions
of
this
14
chapter.
15
(2)
Nothing
in
this
chapter
shall
be
construed
to
alter
or
amend
exist
-
16
ing
obligations
under
any
policy
of
insurance.
17
16
-
2506.
NO
EFFECT
ON
CAUSE
OF
ACTION
-
-
NO
DUTY
CREATED.
(1)
Nothing
18
in
this
chapter
abrogates
any
existing
cause
of
action.
19
(2)
Nothing
in
this
chapter
creates
a
private
right
of
action
or
estab
-
20
lishes
a
duty
of
reasonable
care
where
one
would
not
otherwise
exist.
21
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
22
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
23
July
1,
2026.
24