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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.
954
BY
CAYLER
AN
ACT
1
RELATING
TO
THE
IDAHO
CHILD
PROTECTION
CENTRAL
REGISTRY;
PROVIDING
LEGISLA
-
2
TIVE
INTENT;
AMENDING
CHAPTER
16,
TITLE
16,
IDAHO
CODE,
BY
THE
ADDITION
3
OF
A
NEW
SECTION
16
-
1650,
IDAHO
CODE,
TO
PROVIDE
CERTAIN
PROCEDURES
AND
4
PROTECTIONS
FOR
PERSONS
LISTED
ON
THE
IDAHO
CHILD
PROTECTION
CENTRAL
5
REGISTRY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
8
ensure
that
Idaho's
procedures
for
listing
individuals
on
the
Idaho
Child
9
Protection
Central
Registry
comport
with
constitutional
due
process
re
-
10
quirements,
and
the
Legislature
does
so
for
the
following
reasons:
1
1
(1)
The
Fifth
and
Fourteenth
Amendments
of
the
Constitution
of
the
12
United
States
prohibit
governments
from
depriving
individuals
of
their
lib
-
13
erty
or
property
interests
without
due
process
of
law;
14
(2)
Idaho
has
established
procedures
for
collecting
child
abuse
and
15
child
neglect
investigation
records
in
the
Idaho
Child
Protection
Central
16
Registry,
IDAPA
16.06.01,
Sections
561.
through
566.,
that
include
the
17
identities
of
individuals
alleged
to
have
abused
or
neglected
a
child;
18
(3)
The
names
in
the
Idaho
Child
Protection
Central
Registry
may
be
dis
-
19
closed
to
certain
third
parties
in
the
course
of
background
checks
related
to
20
an
individual's
employment,
licensure,
and
volunteer
activities;
21
(4)
Such
disclosures
may
have
a
significant
negative
impact
on
an
indi
-
22
vidual's
liberty
and
property
interests,
including
the
loss
or
denial
of
em
-
23
ployment
and
reputation
in
the
community;
and
24
(5)
Such
disclosures
can
cause
long
-
term
harm
to
an
individual's
abil
-
25
ity
to
earn
a
living
and
may
disproportionately
impact
individuals
strug
-
26
gling
with
conditions
of
poverty.
27
SECTION
2.
That
Chapter
16,
Title
16,
Idaho
Code,
be,
and
the
same
is
28
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
29
ignated
as
Section
16
-
1650,
Idaho
Code,
and
to
read
as
follows:
30
16
-
1650.
IDAHO
CHILD
PROTECTION
CENTRAL
REGISTRY
-
-
HEARING,
NOTICE,
31
AND
EXPUNGEMENT.
(1)
Information
about
an
alleged
perpetrator
of
child
abuse
32
or
child
neglect
shall
not
be
included
in
the
Idaho
child
protection
central
33
registry
absent
a
criminal
charge.
A
hearing
must
be
held,
with
notice
pro
-
34
vided
to
the
alleged
perpetrator,
where
inclusion
in
the
registry
shall
re
-
35
quire
clear
and
convincing
evidence.
36
(2)
Before
the
department
may
add
an
alleged
perpetrator
to
the
Idaho
37
child
protection
central
registry,
the
department
shall
provide
notice
to
38
the
alleged
perpetrator
of
its
intent
to
list
the
alleged
perpetrator's
name
39
in
the
registry
within
forty
-
five
(45)
days
of
a
court's
ruling
finding
the
40
allegations
have
been
substantiated
via
written
notice
by
signature
-
cer
-
41
2
tified
mail.
If
the
department
does
not
provide
such
written
notice
within
1
forty
-
five
(45)
days,
the
department
shall
not
list
the
alleged
perpetra
-
2
tor's
name
in
the
registry
or
in
any
other
program,
bureau,
registry,
or
3
listing
utilized
by
the
department
for
such
purpose,
and
the
assigned
social
4
worker
shall
be
subject
to
the
provisions
of
section
56
-
1008,
Idaho
Code,
to
5
disciplinary
action,
including
but
not
limited
to
review,
retraining,
and
6
relicensing
for
social
work,
and
to
claims
of
civil
rights
violations
and
7
parental
rights
violations.
Written
notice
required
in
this
subsection
must
8
include
the
following:
9
(a)
A
clear
statement
of
the
specific
allegations
that
will
be
added
to
10
the
registry,
including
the
name
of
the
alleged
perpetrator
and
the
al
-
1
1
leged
victim,
the
injuries
or
harm
alleged
to
have
resulted
from
child
12
abuse
or
neglect,
and
the
date
on
which
the
report
was
made;
13
(b)
The
consequences
of
being
listed
in
the
registry,
including
pos
-
14
sible
negative
impacts
on
the
alleged
perpetrator's
employment,
licen
-
15
sure,
and
ability
to
have
future
contact
with
children,
which
includes
16
contact
at
volunteer
and
school
activities;
17
(c)
The
maximum
amount
of
time
the
individual's
name
will
be
included
in
18
the
registry,
provided
that
such
amount
of
time,
excluding
those
placed
19
with
a
level
one
designation,
shall
not
exceed
ten
(10)
years;
20
(d)
A
complete
copy
of
the
record
that
is
to
be
added
to
the
registry;
21
and
22
(e)
Confirmation
that
the
department
has
scheduled
a
hearing
to
review
23
its
findings
and
the
contact
information
for
the
fair
hearings
unit.
24
(3)
The
department
shall
submit
a
request
for
a
hearing
to
the
office
of
25
administrative
hearings
within
thirty
(30)
days
of
a
court
finding
substan
-
26
tiating
allegations
of
child
abuse
or
neglect
against
an
alleged
perpetra
-
27
tor.
28
(4)
Each
child
welfare
case
shall
be
reviewed
by
the
child
protection
29
legislative
oversight
committee
and
the
citizen
review
panel
of
the
respec
-
30
tive
health
district
in
which
the
case
is
presented
prior
to
the
department
31
listing
the
alleged
perpetrator
in
the
Idaho
child
protection
central
reg
-
32
istry.
The
department
shall
provide
a
copy
of
the
child
welfare
case
in
its
33
entirety
to
the
oversight
committee
and
the
citizen
review
panel.
The
over
-
34
sight
committee
and
the
citizen
review
panel
shall
provide
a
written
report
35
of
their
findings
to
the
judge
presiding
over
the
child
welfare
case
and
the
36
department
-
assigned
case
worker.
The
written
report
shall
be
provided
to
37
the
alleged
perpetrator
within
forty
-
five
(45)
days
of
a
court
ruling
of
sub
-
38
stantiated
allegations.
39
(5)
The
department
shall
not
add
an
alleged
perpetrator
to
the
Idaho
40
child
protection
central
registry
or
release
information
to
any
third
party
41
until
all
appeals
are
either
exhausted
or
waived
by
the
alleged
perpetrator
42
and
written
notice
via
signature
-
certified
mail
has
been
received
by
the
al
-
43
leged
perpetrator.
44
(6)
Upon
receipt
of
a
request
for
a
hearing
from
the
department
regard
-
45
ing
its
intention
to
list
an
alleged
perpetrator
in
the
Idaho
child
protec
-
46
tion
central
registry,
the
office
of
administrative
hearings
shall
contact
47
the
parties
to
schedule
a
date
for
the
hearing,
which
shall
be
held
no
later
48
than
forty
-
five
(45)
days
from
the
date
of
request
for
a
hearing.
49
3
(7)
A
hearing
held
pursuant
to
this
section
shall
be
considered
a
con
-
1
tested
case
and
be
eligible
for
appeal
to
a
court
of
competent
jurisdiction.
2
(8)
Prior
to
a
hearing,
the
department
shall
provide
the
alleged
perpe
-
3
trator
with
a
copy
of
the
full
investigative
file
including
any
exculpatory
4
evidence
within
its
possession
or
control
at
no
cost
to
the
alleged
perpetra
-
5
tor,
and
a
hearing
officer
shall
allow
discovery
between
the
department
and
6
the
alleged
perpetrator
and
shall
not
issue
a
decision
without
consideration
7
of
all
factual
evidence.
8
(9)
For
a
finding
of
child
abuse
or
child
neglect
to
be
substantiated,
9
the
department
must
show
at
a
hearing
that
such
child
abuse
or
child
neglect
10
occurred
and
that
the
specific
alleged
perpetrator
named
caused
the
alleged
1
1
child
abuse
or
child
neglect.
12
(10)
At
a
hearing
held
pursuant
to
this
section,
the
alleged
perpetrator
13
shall
have
the
right
to:
14
(a)
Be
represented
by
counsel;
15
(b)
Present
sworn
evidence,
law,
or
rules
related
to
the
allegation,
16
and
the
hearing
officer
shall
not
refuse
to
hear
such
evidence,
law,
or
17
rules;
and
18
(c)
Subpoena
witnesses,
cross
-
examine
any
department
witnesses,
in
-
19
troduce
evidence,
object
to
evidence
introduced
by
the
department,
and
20
make
a
closing
argument.
21
(11)
Within
forty
-
five
(45)
days
after
the
conclusion
of
a
hearing
con
-
22
ducted
pursuant
to
this
section,
the
hearing
officer
shall
issue
a
written
23
decision
containing
findings
of
fact
and
conclusions
of
law.
The
findings
24
of
fact
shall
be
based
on
competent
evidence
and
substantial
evidence
in
the
25
record.
Documentary
evidence,
including
medical
records
when
relevant,
26
shall
be
considered.
A
finding
against
an
alleged
perpetrator
shall
not
be
27
based
solely
on
hearsay
evidence
or
uncorroborated
testimony.
28
(12)
If
the
hearing
officer
finds,
by
clear
and
convincing
evidence,
29
that
there
is
sufficient
evidence
to
support
the
department's
allegations,
30
the
substantiated
allegations
against
the
perpetrator
shall,
within
thirty
31
(30)
days,
be
entered
in
the
Idaho
child
protection
central
registry
for
a
32
period
of
time
not
to
exceed
ten
(10)
years
or
until
the
alleged
victim
turns
33
eighteen
(18)
years
of
age,
whichever
occurs
first,
except
for
those
perpe
-
34
trators
with
a
level
one
designation.
A
written
letter
of
confirmation
of
35
substantiated
allegations
shall
be
provided
to
the
perpetrator
via
signa
-
36
ture
-
certified
mail
from
the
department
along
with
a
copy
of
the
decision,
37
both
at
no
cost
to
the
perpetrator.
A
copy
of
the
confirmation
shall
also
be
38
submitted
to
any
other
child
registries,
including
any
national
child
reg
-
39
istries
utilized
by
the
department.
If
the
department
does
not
provide
such
40
written
confirmation
within
thirty
(30)
days
of
the
decision,
the
department
41
shall
not
be
allowed
to
list
the
perpetrator
in
the
registry
or
any
other
pro
-
42
gram,
registry,
or
listing
utilized
by
the
department
for
such
purpose,
and
43
the
assigned
department
social
worker
shall
be
subject
to
the
provisions
of
44
section
56
-
1008,
Idaho
Code,
to
disciplinary
action,
including
but
not
lim
-
45
ited
to
review,
retraining,
and
relicensing
for
social
work,
and
to
claims
of
46
civil
rights
violations
and
parental
rights
violations.
47
(13)
If
the
hearing
officer
finds
a
lack
of
clear
and
convincing
evi
-
48
dence
to
support
the
allegations
of
child
abuse
or
child
neglect,
the
offi
-
49
cer
shall
order
the
department
to
amend
its
finding
accordingly,
and
the
al
-
50
4
leged
perpetrator
shall
not
be
entered
in
to
the
Idaho
child
protection
cen
-
1
tral
registry
or
in
any
other
program,
registry,
or
listing
utilized
by
the
2
department
for
such
purpose,
and
the
assigned
department
social
worker
shall
3
be
subject
to
the
provisions
of
sections
16
-
1607
and
56
-
1008,
Idaho
Code.
4
If
the
hearing
officer
finds
that
there
is
insufficient
evidence
to
support
5
the
allegations
of
child
abuse
or
child
neglect,
the
individual
is
not
to
be
6
named
in
the
registry,
and
a
charge
of
child
abuse
or
child
neglect
shall
not
7
be
attached
to
such
individual
in
an
Idaho
child
protective
act
case,
a
crim
-
8
inal
or
civil
case,
or
a
family
law
case.
9
(14)
Except
for
those
perpetrators
with
a
level
one
designation,
once
10
a
perpetrator
has
been
on
the
Idaho
child
protection
central
registry
for
1
1
ten
(10)
years
or
once
the
alleged
victim
turns
eighteen
(18)
years
of
age,
12
whichever
occurs
first,
the
department
shall
remove
the
perpetrator
from
the
13
registry
and,
within
thirty
(30)
days
of
such
removal,
provide
to
the
perpe
-
14
trator
a
written
letter
via
signature
-
certified
mail
stating
that
the
perpe
-
15
trator
has
been
removed
from
the
registry.
16
(15)
If
the
department
maintains
an
unsubstantiated
record
on
the
Idaho
17
child
protection
central
registry
or
retains
a
substantiated
record
for
more
18
than
ten
(10)
years
or
once
the
alleged
victim
turns
eighteen
(18)
years
of
19
age,
the
assigned
social
worker
shall
be
subject
to
the
provisions
of
sec
-
20
tion
56
-
1008,
Idaho
Code,
and
the
alleged
perpetrator
shall
be
entitled
to
21
two
thousand
eighty
-
three
dollars
($2,083)
for
each
month
that
the
record
22
remained
on
the
registry.
23
(16)
An
individual
listed
in
the
Idaho
child
protection
central
reg
-
24
istry
may
request
to
have
his
or
her
name
expunged
from
the
registry
at
no
25
cost
to
the
individual
by
submitting
a
written
request
to
the
office
of
ad
-
26
ministrative
hearings
accompanied
by
an
affidavit
sworn
to
by
the
individual
27
or
his
or
her
legal
counsel.
The
affidavit
shall
state
facts
sufficient
to
28
show
that
there
is
good
cause
for
expungement
and
a
hearing.
The
office
of
29
administrative
hearings
shall
respond
to
the
individual's
request
via
sig
-
30
nature
-
certified
mail
within
thirty
(30)
days
of
the
date
of
the
request.
If
31
a
hearing
is
deemed
necessary,
the
hearing
date
shall
not
exceed
forty
-
five
32
(45)
days
from
the
date
of
the
office
of
administrative
hearings'
response.
33
Good
cause
under
this
subsection
shall
include:
34
(a)
Evidence
that
a
substantiated
report
of
child
abuse
or
child
ne
-
35
glect
is
inaccurate;
36
(b)
Evidence
that
the
individual
in
a
substantiated
report
no
longer
37
poses
a
risk
and
that
no
significant
public
purpose
would
be
served
by
38
continued
listing
of
the
individual
as
a
perpetrator
in
the
Idaho
child
39
protection
central
registry;
or
40
(c)
The
individual
has
been
on
the
Idaho
child
protection
central
reg
-
41
istry
for
more
than
ten
(10)
years
or
the
alleged
victim
has
reached
42
eighteen
(18)
years
of
age
and
the
individual
remains
on
the
registry.
43
(17)
Except
for
the
affidavit
required
in
subsection
(16)
of
this
sec
-
44
tion,
a
written
request
for
expungement
submitted
pursuant
to
this
section
45
does
not
need
to
be
in
a
specific
form
or
format.
46
(18)
At
any
time
prior
to
a
hearing
for
expungement
requested
under
this
47
section,
the
department
may
administratively
expunge
an
individual's
name
48
from
the
Idaho
child
protection
central
registry.
Upon
such
expungement,
49
the
department
shall
provide
a
written
letter
via
signature
-
certified
mail
50
5
confirming
that
the
expungement
has
been
completed
to
the
individual,
the
1
office
of
administrative
hearings,
and
assigned
judges
presiding
over
any
2
civil,
family
law,
or
criminal
cases
involving
the
individual,
including
any
3
child
protective
cases.
4
(19)
A
hearing
of
expungement
from
the
Idaho
child
protection
central
5
registry
shall
be
conducted
in
accordance
with
the
provisions
of
this
sec
-
6
tion.
If
a
request
for
expungement
is
denied,
the
alleged
perpetrator
shall
7
have
the
right
to
appeal
to
a
court
of
competent
jurisdiction.
8
(20)
No
waiting
period
shall
be
required
before
an
alleged
perpetrator
9
may
request
expungement
from
the
Idaho
child
protection
central
registry.
10
(21)
An
individual
listed
in
the
Idaho
child
protection
central
reg
-
1
1
istry
prior
to
the
effective
date
of
this
act
may
request
to
have
his
or
her
12
name
expunged
from
the
registry
pursuant
to
the
provisions
of
this
section.
13
(22)
The
failure
to
provide
procedural
due
process
to
an
alleged
per
-
14
petrator
pursuant
to
this
section
shall
be
a
substantial
failure
of
rights,
15
sufficient
to
support
judicial
review.
16
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
18
July
1,
2026.
19