Idaho
Discussion
Idaho: Updates on Background Checks
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APPLIES TO As Indicated |
EFFECTIVE JUL 1, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
The Idaho legislature recently enacted bills requiring employers who have access to children, elderly, or vulnerable adults to use fingerprint-based background screening.
Background Check Requirements. HB 494 requires fingerprint-based background checks for individuals working with the Department of Health and Welfare with direct access to children, elderly, or vulnerable adults, such as daycare facilities, home health agencies, and assisted living facilities. The requirement applies to employees, contractors, and volunteers for a number of listed entities or programs. An employer that acts in reasonable reliance on the clearance determination of a background check is immune from liability thereafter.
Background Check Process. HB 521 says that any private, noncriminal justice entities qualifying to participate under the National Child Protection Act of 1993 and Volunteers for Children Act that serve vulnerable populations such as children, the elderly, and individuals with disabilities must submit a request for fingerprint screening to the bureau for a covered individual, independent contractor, vendor, employee, or volunteer who has supervised or unsupervised access to children, the elderly, or individuals with disabilities. Notably, criminal history records must be kept confidential.
Action Items
- Implement background check processes consistent with the new requirements.
- Have appropriate personnel trained on background screening requirements.
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