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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.
956
BY
CAYLER
AN
ACT
1
RELATING
TO
SOCIAL
WORKERS;
AMENDING
SECTION
16
-
1649,
IDAHO
CODE,
TO
ESTAB
-
2
LISH
A
PROVISION
REGARDING
ABANDONMENT
INVESTIGATIONS;
AMENDING
CHAP
-
3
TER
32,
TITLE
54,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
54
-
3206A,
4
IDAHO
CODE,
TO
REQUIRE
TRAINING;
AMENDING
SECTION
54
-
3210,
IDAHO
CODE,
5
TO
ESTABLISH
PROVISIONS
REGARDING
THE
CODE
OF
PROFESSIONAL
CONDUCT
AND
6
TO
MAKE
A
TECHNICAL
CORRECTION;
AMENDING
SECTION
54
-
3217,
IDAHO
CODE,
7
TO
PROVIDE
FOR
PENALTIES;
AMENDING
CHAPTER
32,
TITLE
54,
IDAHO
CODE,
BY
8
THE
ADDITION
OF
A
NEW
SECTION
54
-
3218,
IDAHO
CODE,
TO
PROVIDE
FOR
DU
-
9
TIES
AND
LIMITATIONS
OF
SOCIAL
WORKERS;
AMENDING
SECTION
56
-
1004,
IDAHO
10
CODE,
TO
ESTABLISH
A
PROVISION
REGARDING
DOCUMENTATION
OF
THE
ESSENTIAL
1
1
FUNCTIONS
AND
PSYCHOLOGICAL
DEMANDS
OF
SOCIAL
WORKERS;
AMENDING
CHAP
-
12
TER
10,
TITLE
56,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
56
-
1004B,
13
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
PSYCHOLOGICAL
SUITABIL
-
14
ITY
EVALUATIONS
FOR
SOCIAL
WORKERS
EMPLOYED
BY
THE
DEPARTMENT
OF
HEALTH
15
AND
WELFARE;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
16
DATE.
17
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
18
SECTION
1.
That
Section
16
-
1649,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
16
-
1649.
NOTIFICATION
OF
RIGHTS.
(1)
When
the
department,
in
accor
-
21
dance
with
this
chapter,
commences
an
investigation
after
having
received
22
information
that
a
child
may
be
abused,
neglected,
or
abandoned
and
in
the
23
course
of
such
investigation
contacts,
directly
and
in
person,
the
parents,
24
guardians,
or
any
persons
having
legal
custody
of
the
child,
then
the
de
-
25
partment
shall
notify
such
parents,
guardians,
or
persons
that
they
have
the
26
right
to:
27
(a)
Refuse
to
answer
questions;
28
(b)
Obtain
an
attorney
at
their
own
expense,
consult
with
such
attor
-
29
ney,
and
have
such
attorney
present
during
an
investigation;
provided,
30
however,
that
the
department
is
not
authorized
to
appoint
or
obtain
an
31
attorney
for
such
parents,
guardians,
or
persons;
32
(c)
Refuse
entry
to
their
home
or
other
real
property;
and
33
(d)
Refuse
the
questioning
of
any
minor
children
in
their
home
or
on
34
their
property,
unless
there
is
an
order
issued
by
a
court
of
competent
35
jurisdiction
authorizing
a
particular
entry
or
particular
questioning
36
or
examination.
37
(2)
The
notification
required
by
subsection
(1)
of
this
section
shall
38
be
made
in
writing
at
the
time
of
or
within
seventy
-
two
(72)
hours
after
the
39
department
makes
the
first
contact
directly
and
in
person
with
the
parents,
40
guardians,
or
other
persons
having
legal
custody
of
the
child.
41
2
(3)
A
parent,
guardian,
or
other
person
having
legal
custody
of
the
1
child
may
expressly
assert
the
rights
provided
in
this
section.
2
(4)
The
notification
required
by
subsection
(1)
of
this
section
shall
3
be
made
in
writing
on
a
form
prescribed
by
the
department.
Such
notification
4
shall
state
that
if
the
safety
of
the
child
cannot
be
determined,
the
depart
-
5
ment
may
request
assistance
from
a
law
enforcement
agency
or
seek
a
court
or
-
6
der.
7
(5)(a)
When
the
department
commences
an
investigation
after
having
re
-
8
ceived
information
that
a
child
may
be
abandoned,
the
department
shall
9
make
reasonable
efforts
to
inquire
as
to
why
the
parent
or
guardian
10
abandoned
the
child
and
where
the
parent
or
guardian
was
during
the
time
1
1
of
the
alleged
abandonment.
12
(b)
The
department
or
its
authorized
agents,
including
social
workers,
13
shall
not
explicitly
or
impliedly
inform
a
parent
or
guardian
who
has
14
abandoned
or
allegedly
abandoned
a
child
that
there
will
be
no
penalties
15
under
the
law
or
other
adverse
outcomes
as
a
result
of
abandonment
dur
-
16
ing
the
course
of
such
investigation.
17
(5)
(6)
Failure
by
the
department
to
provide
the
notification
re
-
18
quired
by
this
section
in
a
specific
investigation
shall
not
affect
the
19
department's
ability
to
conduct
such
investigation
or
to
carry
out
the
de
-
20
partment's
duties
as
provided
in
this
chapter.
21
SECTION
2.
That
Chapter
32,
Title
54,
Idaho
Code,
be,
and
the
same
is
22
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
23
ignated
as
Section
54
-
3206A,
Idaho
Code,
and
to
read
as
follows:
24
54
-
3206A.
REQUIRED
TRAINING.
(1)
All
social
workers
licensed
under
25
the
provisions
of
this
chapter
shall:
26
(a)
Be
trained
in
autism,
the
autism
spectrum,
and
introversion.
Such
27
social
workers
shall:
28
(i)
Complete
one
(1)
autism
and
one
(1)
introversion
training
29
within
thirty
(30)
days
of
employment
as
a
social
worker;
and
30
(ii)
Biannually
enroll
in
and
complete
one
(1)
autism
and
one
(1)
31
introversion
training
thereafter;
32
(b)
Annually
enroll
in
and
successfully
complete
the
digital
course
33
"foundations
of
autism"
online
through
the
autism
society
website
or
34
an
equivalent
course.
The
equivalent
course
shall
include
training
on
35
what
autism
is
and
the
basic
concepts
and
characteristics
of
autism,
in
-
36
cluding
sensory
processing,
communication,
emotional
regulation,
and
37
social
interactions
in
individuals
with
autism.
Upon
completion
of
the
38
course
the
board
or
the
providers
of
the
course
shall
issue
a
certifi
-
39
cate
of
completion.
The
board
shall
create
a
form
that
requires
a
social
40
worker
to
sign
to
acknowledge
an
understanding
of
the
course
and
what
41
autism
is
and
to
acknowledge
that
an
individual
shall
not
be
removed
42
from
the
custody
of
a
parent,
guardian,
or
custodian
based
solely
on
the
43
individual
being
autistic;
and
44
(c)
Annually
review
"introverts
vs.
extroverts:
understanding
the
45
spectrum"
online
through
the
positive
psychology
website
or
an
equiv
-
46
alent
guide.
The
equivalent
guide
shall
include
training
on
what
in
-
47
troversion
is,
the
basic
concepts
and
characteristics
of
introversion,
48
the
spectrum
of
introversion,
including
ambiverts,
and
training
on
the
49
3
traits,
characteristics,
behaviors,
communication
styles,
emotional
1
regulation,
and
social
interactions
of
introverts.
Upon
completion,
2
the
board
or
the
providers
shall
issue
a
certificate
of
completion.
The
3
board
shall
create
a
form
that
requires
a
social
worker
to
sign
to
ac
-
4
knowledge
an
understanding
of
what
introversion
is
and
to
acknowledge
5
that
an
individual
shall
not
be
removed
from
the
custody
of
a
parent,
6
guardian,
or
custodian
based
solely
on
the
individual
being
an
intro
-
7
vert.
8
(2)
The
director
of
the
Idaho
department
of
health
and
welfare
shall
at
-
9
tend
the
annual
child
welfare
league
of
America
conference.
10
(3)
Nothing
in
this
section
shall
limit
the
board's
powers
and
duties
1
1
pursuant
to
section
54
-
3204,
Idaho
Code.
12
SECTION
3.
That
Section
54
-
3210,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
54
-
3210.
CODE
OF
PROFESSIONAL
CONDUCT.
(1)
The
board
shall
prepare
and
15
adopt
a
code
of
professional
conduct
and
may
revise
and
amend
such
code
from
16
time
to
time.
Preparation,
revision,
amendment
,
and
distribution
of
said
17
code
of
professional
conduct
shall
be
pursuant
to
the
provisions
of
this
sec
-
18
tion,
and
chapters
26
and
52,
title
67,
Idaho
Code.
19
(2)
It
shall
be
a
violation
of
the
code
of
professional
conduct
if
a
so
-
20
cial
worker:
21
(a)
Instructs
a
judge
how
to
rule
in
a
particular
case;
22
(b)
Speaks
negatively
to
or
about
parents,
guardians,
minors,
or
anyone
23
else
involved
in
any
child
protection
case;
24
(c)
Tells
a
minor
child
that
the
child
will
not
be
returning
home;
25
(d)
Lacks
competency
in
Idaho
Code
and
rules
involving
child
protec
-
26
tion;
or
27
(e)
Makes
false
or
misleading
statements
to
parents
or
guardians
about
28
the
parent's
or
guardian's
legal
rights
or
responsibilities.
29
SECTION
4.
That
Section
54
-
3217,
Idaho
Code,
be,
and
the
same
is
hereby
30
amended
to
read
as
follows:
31
54
-
3217.
VIOLATIONS
OF
ACT
A
MISDEMEANOR
PENALTIES
AND
REMEDIES
.
(1)
32
Any
person
who
shall
engage
in
the
profession
of
social
work
as
herein
de
-
33
fined
without
a
license
as
provided
for
by
this
act
chapter
,
or
the
rules
34
or
regulations
of
the
board
herein
provided
for,
shall
be
guilty
of
a
misde
-
35
meanor.
36
(2)
A
violation
of
section
54
-
3218(1),
Idaho
Code,
by
a
licensed
social
37
worker
may
result
in:
38
(a)
A
finding
of
a
violation
of
the
rules
of
professional
conduct
39
adopted
by
the
board;
40
(b)
The
board
suspending,
refusing
to
renew,
or
revoking
any
license
41
issued
pursuant
to
this
chapter;
42
(c)
Loss
of
employment;
or
43
(d)
Other
disciplinary
action.
44
(3)
Any
parent
or
guardian
aggrieved
by
a
violation
of
section
54
-
3218,
45
Idaho
Code,
by
a
licensed
social
worker
shall
have
a
cause
of
action
against
46
the
person
alleged
to
have
committed
the
violation.
47
4
SECTION
5.
That
Chapter
32,
Title
54,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
54
-
3218,
Idaho
Code,
and
to
read
as
follows:
3
54
-
3218.
DUTIES
AND
LIMITATIONS.
(1)
Any
person
licensed
pursuant
to
4
this
chapter
shall
include
only
factual
findings
supported
by
clear
and
con
-
5
vincing
evidence
in
any
official
or
unofficial
report,
to
a
court
or
tri
-
6
bunal,
or
by
any
other
method
in
which
the
person
is
performing
in
the
per
-
7
son's
official
capacity
as
a
social
worker
pursuant
to
chapter
16,
title
16,
8
Idaho
Code.
9
(2)
A
report
from
a
social
worker
shall
follow
all
rules
adopted
by
the
10
board,
the
Idaho
department
of
health
and
welfare,
and
Idaho
Code.
1
1
(3)
If
a
licensed
social
worker
does
not
abide
by
the
decisions
of
such
12
social
worker's
supervisors,
or
makes
a
decision
notwithstanding
the
deci
-
13
sion
by
such
supervisors
in
child
protection
cases,
such
social
worker
shall
14
immediately
be
subject
to
termination,
unless
the
decision
by
the
supervisor
15
violates
a
law,
rule,
or
legal
right.
16
(4)
Nothing
in
this
chapter
shall
be
construed
as
limiting
the
duties
of
17
the
department
of
health
and
welfare
and
its
authorized
agents
as
described
18
in
chapter
16,
title
16,
Idaho
Code.
19
SECTION
6.
That
Section
56
-
1004,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
56
-
1004.
DIRECTOR
-
-
ADDITIONAL
POWERS
AND
DUTIES.
(1)
The
director
22
shall
exercise
the
following
powers
and
duties
in
addition
to
all
other
pow
-
23
ers
and
duties
inherent
in
the
position:
24
(a)
Prescribe
such
rules
as
may
be
necessary
for
the
administration
of
25
the
department,
the
conduct
and
duties
of
the
employees,
the
orderly
and
26
efficient
management
of
department
business,
and
the
custody,
use
and
27
preservation
of
department
records,
papers,
books
and
property
belong
-
28
ing
to
the
state;
29
(b)
Maintain
written
documentation
of
the
essential
functions
and
psy
-
30
chological
demands
of
social
workers
employed
by
the
department;
31
(b)
(c)
Employ
such
personnel
as
may
be
deemed
necessary,
prescribe
32
their
duties
and
fix
their
compensation
within
the
limits
provided
by
33
the
state
personnel
system
law;
34
(c)
(d)
Administer
oaths
for
all
purposes
required
in
the
discharge
of
35
his
duties;
36
(d)
(e)
Prescribe
the
qualifications
of
all
personnel
of
the
depart
-
37
ment
on
a
nonpartisan
merit
basis,
in
accordance
with
the
Idaho
person
-
38
nel
system
law,
provided
however,
that
the
administrators
in
charge
of
39
any
division
of
the
department,
and
the
administrators
in
charge
of
the
40
state
hospital
north,
state
hospital
south,
state
hospital
west,
and
41
southwest
Idaho
treatment
center
shall
serve
at
the
pleasure
of
the
di
-
42
rector;
43
(e)
(f)
Create
such
units,
sections
and
subdivisions
as
are
or
may
be
44
necessary
for
the
proper
and
efficient
functioning
of
the
department.
45
(2)
The
department
is
empowered
to
acquire,
by
purchase,
lease
or
ex
-
46
change,
any
property
which
in
the
judgment
of
the
department
is
needful
for
47
the
operation
of
the
facilities
and
programs
for
which
it
is
responsible
and
48
5
to
dispose
of,
by
sale,
lease
or
exchange,
any
property
which
in
the
judgment
1
of
the
department
is
not
needful
for
the
operation
of
the
same.
2
SECTION
7.
That
Chapter
10,
Title
56,
Idaho
Code,
be,
and
the
same
is
3
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
4
ignated
as
Section
56
-
1004B,
Idaho
Code,
and
to
read
as
follows:
5
56
-
1004B.
SOCIAL
WORKERS
-
-
PSYCHOLOGICAL
SUITABILITY
EVALUA
-
6
TION.
(1)
The
department
shall
require
a
psychological
suitability
evalu
-
7
ation
for
social
workers
licensed
pursuant
to
chapter
32,
title
54,
Idaho
8
Code,
after
the
department
has
extended
a
conditional
offer
of
employment.
9
(2)
The
psychological
suitability
evaluation
shall
be
limited
to
as
-
10
sessing
an
applicant's
capacity
to
meet
the
documented
job
-
related
demands
1
1
for
social
workers.
The
evaluation
shall
assess
only
job
-
related
psycho
-
12
logical
traits
and
functional
capacities,
which
may
include
emotional
reg
-
13
ulation,
interpersonal
effectiveness,
stress
tolerance,
profession
bound
-
14
aries,
and
ethical
reliability.
15
(3)
The
evaluation
shall
not:
16
(a)
Be
used
to
exclude
an
applicant
solely
on
the
basis
of
a
mental
17
health
diagnosis
or
history
of
treatment;
18
(b)
Include
inquiries
unrelated
to
the
essential
duties
of
social
work;
19
(c)
Require
disclosure
of
irrelevant
medical
or
personal
information;
20
or
21
(d)
Be
used
to
predict
speculative
future
impairment.
22
(4)
The
psychological
evaluator
shall
be
independent
of
the
hiring
au
-
23
thority
and
shall
not
have
a
current
treating
relationship
with
the
appli
-
24
cant.
The
psychological
suitability
evaluation
shall
be
conducted
by:
25
(a)
A
licensed
psychologist;
or
26
(b)
A
licensed
psychiatrist.
27
(5)
The
evaluator
shall
provide
the
department
with
a
written
report
28
that
shall
only
include:
29
(a)
A
written
opinion
limited
to
one
(1)
of
the
following
determina
-
30
tions:
31
(i)
The
social
worker
is
psychologically
suitable
or
recommended
32
for
the
position;
or
33
(ii)
The
social
worker
is
not
psychologically
suitable
or
not
34
recommended
for
the
position
at
the
time
of
evaluation;
and
35
(b)
An
explanation
of
background
and
job
-
related
factors
supporting
36
the
determination.
37
(6)
Diagnostic
labels,
raw
test
data,
and
detailed
clinical
findings
38
shall
not
be
disclosed
to
the
department.
Records
relating
to
psychological
39
evaluations
shall
be
maintained
as
confidential
medical
records
and
shall
be
40
kept
separate
from
personnel
files.
Access
to
such
records
shall
be
limited
41
to
department
personnel
with
a
legitimate
business
need
for
the
information.
42
(7)
For
the
purposes
of
this
section,
"psychological
suitability
eval
-
43
uation"
means
a
standardized
professional
assessment
conducted
to
determine
44
whether
an
applicant
demonstrates
the
psychological
characteristics
and
45
functional
capacity
necessary
to
perform
the
essential
duties
of
a
social
46
worker.
47
6
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3