reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.502 - DIVISION OF FAMILY AND COMMUNITY SERVICES: INFANT TODDLER PROGRAM -INDIVIDUAL CHILD COMPLAINTS

Current through August 31, 2023
01.
Individual Child Complaints
. Parents or providers may request a hearing
			 if they disagree with decisions regarding the identification, evaluation, or
			 placement of a child, or, with the provision of appropriate early intervention
			 services. A request must be filed with the Department's Administrative
			 Procedures Section within twenty-eight (28) days from the date the decision is
			 issued. The request for a hearing must identify: (3-17-22)
a. The child's name, home address, and the
			 early intervention program serving the child; (3-17-22)
b. A statement identifying the facts and the
			 reason for disagreement with the decision; (3-17-22)
c. The name of the provider who is serving
			 the child; (3-17-22)
d. A proposed
			 resolution; and (3-17-22)
e. A
			 dated signature of the person who is submitting the request.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.503 - DIVISION OF FAMILY AND COMMUNITY SERVICES: INFANT TODDLER PROGRAM -ADMINISTRATIVE COMPLAINTS

Current through August 31, 2023
01.
Filing of
			 Complaint
. An individual or organization, including those from another
			 State, may file a written, signed complaint against any public or private
			 service provider, alleging a violation of the Part C program and regulations at
			 34 CFR Part 303 . The complaint must identify what requirement has been
			 violated and the facts upon which the complaint is based. Complaints can
			 include an allegation that a provider failed to implement the decision after a
			 hearing. The complaint must be filed with the Department's Administrative
			 Procedures Section within one (1) year of the alleged violation, except in the
			 following circumstances: (3-17-22)
a. If
			 there is a continuing violation for that child or other children; or
			 (3-17-22)
b. If the complaint
			 requests reimbursement or corrective action for a violation that occurred not
			 more than three (3) years prior to the date the complaint is received by the
			 public agency. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.600 - DIVISION OF LICENSING AND CERTIFICATION: REQUEST FOR ADMINISTRATIVE REVIEW

Current through August 31, 2023
01.
Written
			 Request
. An action relating to licensure or certification is final and
			 effective unless the provider or facility requests in writing an administrative
			 review within twenty-eight (28) days after the notice is mailed. The request
			 must: (3-17-22)
a. Be signed by the licensed
			 administrator of the facility, or by the provider; (3-17-22)
b. Identify the challenged decision; and
			 (3-17-22)
c. State specifically the
			 grounds for its contention that the decision was erroneous.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.700 - DIVISION OF BEHAVIORAL HEALTH: REQUEST FOR ADMINISTRATIVE REVIEW

Current through August 31, 2023
01.
Written Request
. An action
			 relating to program approval is final and effective unless the provider or
			 facility requests in writing an administrative review within twenty-eight (28)
			 days after the notice is mailed. The request must: (3-17-22)
a. Be signed by the program administrator of
			 the facility; (3-17-22)
b. Identify
			 the challenged decision; and (3-17-22)
c. State specifically the grounds for its
			 contention that the decision was erroneous. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.750 - DIVISION OF BEHAVIORAL HEALTH: YOUTH EMPOWERMENT SERVICES (YES)

Current through August 31, 2023
Contested case proceedings for non-Medicaid Youth Empowerment
				Services (YES) are governed by the general provisions of this chapter, unless
				otherwise specified in Section
				751 of these rules.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.03 - CONTESTED CASE PROCEEDINGS AND DECLARATORY RULINGS › Section 16.05.03.751 - DIVISION OF BEHAVIORAL HEALTH: YOUTH EMPOWERMENT SERVICES (YES) GRIEVANCE PROCESS

Current through August 31, 2023
01.
Grievance
. Individuals, family members, or legal guardians may choose to
			 submit a written request to participate in this grievance process regarding
			 non-Medicaid matters related to YES services. A grievance is a statement of
			 dissatisfaction about any matter other than an adverse benefit determination.
			 (3-17-22)
02.
Grievance
			 Content
. A grievance must include: (3-17-22)
a. The full name, mailing address, phone
			 numbers, and e-mail contact for the individual who is the complainant using YES
			 services; (3-17-22)
b. The full
			 name, mailing address, phone numbers, and e-mail contact of the person
			 submitting the grievance on behalf of the complainant; (3-17-22)
c. A detailed explanation of the decision or
			 non-Medicaid matter related to YES services that is being contested from the
			 perspective of the complainant; and (3-17-22)
d. Any steps that have already been taken to
			 resolve the issue. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
Under Section
				39-5209, Idaho Code, the Idaho
				Council on Domestic Violence and Victim Assistance is authorized to promulgate,
				adopt, and amend rules regarding applications and grants administered by the
				Council. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.010 - DEFINITIONS

Current through August 31, 2023
For the purpose of these rules, the following definitions
				apply: (4-6-23)
01.
Council
. The Idaho Council on Domestic Violence and Victim Assistance
			 (ICDVVA). (4-6-23)
02.
Domestic Violence
. Crimes of violence committed by a current or former
			 spouse or intimate partner of the victim, by a person with whom the victim
			 shares a child in common, by a person who is cohabitating with or has
			 cohabitated with the victim as a spouse or intimate partner, by a person
			 similarly situated to a spouse of the victim under the domestic or family
			 violence laws of the state of Idaho, or a family or household member. This
			 definition also includes criminal or non-criminal acts constituting
			 intimidation, control, coercion and coercive control, emotional and
			 psychological abuse and behavior, expressive and psychological aggression,
			 financial abuse, harassment, tormenting behavior, disturbing or alarming
			 behavior, and additional acts. This definition applies to individuals and
			 relationships as set forth in
			 45 CFR
			 1370.2. (4-6-23)
03.
Program Guidelines
.
			 Collectively, the applicable federal and state statutes, these rules, grant
			 applications, application instructions and scoring rubrics published by the
			 Council regarding grant opportunities, Council grant management manuals,
			 Council service standards for funded programs, Council grant management
			 policies and procedures, and written grant or subgrant agreements entered into
			 with successful grant applicants, all of which will be enforced by the Council.
			 (4-6-23)
04.
Regions
.
			 The (7) public health districts as defined in Section
			 39-408, Idaho Code.
			 (4-6-23)
05.
Victim
. A
			 person who suffers direct or threatened physical, sexual, emotional,
			 psychological, or financial harm either: (4-6-23)
a. As a result of an act by someone else and
			 the act causing harm is a crime under state or federal law; or
			 (4-6-23)
b. As a result of an act
			 by someone with whom they share a relationship as defined in Section
			 39-6303(1), (2), (3), and
			 (6), Idaho Code. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.015 - GENERAL GRANT PROGRAM REQUIREMENTS

Current through August 31, 2023
01.
Application Procedure
. All applicants must meet eligibility requirements
			 specified in program guidelines for their application to be considered.
			 Eligible applicants must submit a completed application to the Council and meet
			 the requirements specified in program guidelines prior to the application
			 deadline. (4-6-23)
02.
Review and Selection of Applications
. All eligible grant applications
			 will be reviewed, scored, and selected by the Council under the selection
			 criteria specified in the program guidelines. All applicants will be notified
			 of their application status in a reasonable timeframe after the application
			 deadline. The Council may conduct on-site and remote evaluations and follow-up
			 evaluations as specified in the program guidelines. (4-6-23)
03.
Written Agreements
. All
			 applicants selected for grant funding must enter into a written grant or
			 subgrant agreement setting forth the terms of their grant. Procedures for
			 payment are set forth in the agreement. Noncompliance with agreement provisions
			 are grounds for non-payment or termination of the grant. (4-6-23)
04.
Reporting and Recordkeeping
			 Requirements
. The grantee must maintain accurate, current, and complete
			 client, administrative, and fiscal records, including accurate records of the
			 receipt, obligation, and disbursement of funds, under the requirements
			 specified in the program guidelines. (4-6-23)
05.
Termination of Funding
. The
			 grantee may only use the grant funds in accordance with program guidelines. If
			 at any time the Council becomes aware of a grantee's noncompliance with program
			 guidelines, illegal use of grant funds or fraud, or criminal activity, the
			 Council may terminate the agreement. The Council may require an audit of grant
			 funds. The Council may further terminate a grant if the project loses viability
			 or is unlikely to meet the intent of the original application.
			 (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.016 - GRANT AWARDS AND ELIGIBILITY

Current through August 31, 2023
01.
State
			 Domestic Violence Project Grants
. To be eligible for a state domestic
			 violence grant, a program must comply with the applicable requirements of
			 Sections 39-5210 and
			 39-5211, Idaho Code, these rules,
			 and any additional requirements in the grant application announcement from the
			 Council. (4-6-23)
02.
Federal
			 Family Violence and Services Act (FVPSA)
. To be eligible for a FVPSA
			 grant, a program must comply with all the applicable sections of the Family
			 Violence Prevention and Services Act, other federal rules and regulations, and
			 any additional requirements in the grant application announcement from the
			 Council. (4-6-23)
03.
Federal
			 Victims of Crime Act (VOCA) Grant
. To be eligible for a VOCA grant, a
			 program must comply with all the applicable sections of the Victims of Crime
			 Act, any other federal rules and regulations that apply, these rules, and any
			 additional requirements listed in the grant application announcement from the
			 Council. (4-6-23)
04.
State
			 Offender Intervention Program Grants
. The Council may offer and
			 administer grant funds to offender intervention programs. (4-6-23)
05.
Tribes
. All federally
			 acknowledged tribes in the State of Idaho are eligible for Council funding.
			 (4-6-23)
06.
Other
			 Grants
. The Council may administer other state or federal grants or
			 funds, or both, within its authority under Section
			 39-5208, Idaho Code, under these
			 rules, and within its discretion. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.017 - TIME FRAMES

Current through August 31, 2023
01.
Grant
			 Applications for Annual Grants from the Council
. (4-6-23)
a. When each funding opportunity becomes
			 available, the Council will publish a "Grant Application Announcement" (GAA) on
			 the Council website at icdv.idaho.gov. The GAA will specify the deadline for
			 submission of proposals. In no event will the deadline be less than sixty (60)
			 days from the date of the publication of the GAA. (4-6-23)
b. The Council will comply with all other
			 applicable state or federal laws requiring the publication of a GAA notice.
			 (4-6-23)
c. A copy of each GAA will
			 also be sent to current grantees and to persons and organizations who have
			 requested notification. Anyone requesting notification of solicitations of
			 grant proposals must email their request to info@icdv.idaho.gov with "Grant
			 Application Notice Request" in the subject line. (4-6-23)
d. Applications for annual grants must be
			 delivered as specified in the GAA, no later than the date and time specified
			 therein. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.018 - DISPOSITION OF APPLICATIONS

Current through August 31, 2023
The Council will grant or deny funding as specified below, and
				all applicants will be notified in writing as to the disposition of their
				application. (4-6-23)
01.
Applications
. The Council will grant or deny funding for applications
			 within ninety (90) days of the application deadline. (4-6-23)
02.
Supplemental Applications
.
			 Allocation of supplemental funding is made at the discretion of the Council,
			 based upon the availability of funds. Need is determined by evaluating the best
			 available data. (4-6-23)
03.
Late Applications
. If funds remain after the Council's consideration of
			 all timely initial and renewal applications, applications for funding received
			 after the deadline specified in any GAA may be acted upon at a regularly
			 scheduled meeting of the Council. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.019 - EVALUATION OF APPLICATIONS

Current through August 31, 2023
Applications are evaluated according to the following criteria:
				(4-6-23)
01.
Threshold
			 Factors
. Before an application is evaluated and scored, an affirmative
			 determination must be made that the application is complete and the applicant's
			 program meets the eligibility requirements under Section
			 016 of these rules. Ineligible
			 projects will not be considered or approved. (4-6-23)
02.
Scoring of Applications
.
			 (4-6-23)
a. Use of Rubric. When the GAA is
			 released, the Council will specify the criteria to be used in evaluating the
			 applications and the scoring rubric to be used. When the Council announces its
			 funding decision for a project, the Council will include the applicant's score.
			 (4-6-23)
b. Scoring. There will be
			 two (2) Council members and two (2) Council staff responsible for evaluating
			 and scoring each eligible application using the scoring rubric released with
			 the application. Council members may not score applications from applicants
			 within the region that they represent. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.020 - PROJECT EVALUATIONS

Current through August 31, 2023
01.
Initial
			 Evaluation
. Prior to the awarding of an initial grant, the Council is
			 authorized to conduct an on-site evaluation of the program to ensure that the
			 program is in substantial compliance with these rules and applicable program
			 guidelines, and to determine the capability of the program to provide the
			 services for which funding is requested. The program must provide for review of
			 any and all client records, program records, financial statements, and other
			 documents needed by the Council to make its determination, including any
			 information that may have changed since the time the application was submitted.
			 (4-6-23)
02.
Federally
			 Required Monitoring
. The Council will comply with all federal monitoring
			 requirements, including the requirement to regularly monitor projects. The
			 Council will evaluate projects at least every two (2) years. These evaluations
			 may be conducted on-site or remotely. (4-6-23)
03.
Follow-Up Evaluations
. In
			 addition to any initial on-site evaluation, the Council is authorized, upon
			 reasonable notice to the program, to conduct such on-site evaluations of the
			 program: (4-6-23)
a. To determine continued
			 compliance with these rules and the program guidelines and any other applicable
			 requirements; or (4-6-23)
b. To
			 determine the continued capability of the program to provide the services for
			 which funding has been granted. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › Section 16.05.04.030 - DENIAL, SUSPENSION, OR TERMINATION OF GRANT

Current through August 31, 2023
01.
Compliance Issues
. A grant may be suspended pending investigation
			 to determine compliance with these rules and the program guidelines. An
			 application for a grant may be denied or a grant terminated if the program is
			 not in compliance with these rules or the program guidelines.
			 (4-6-23)
02.
Misconduct
. In cases of criminal conduct within a funded program, the
			 Council may suspend or terminate funding until the matter is resolved and the
			 program is again in compliance with grant requirements. (4-6-23)
03.
Disincorporation
. In the
			 event a legal entity which is the recipient of a grant disincorporates, the
			 Council must be informed in writing within twenty (20) days and the grant
			 terminated. Grant funds for all but the portion of the fiscal year during which
			 services required under the grant were performed must be recovered by the
			 Council. Reallocation of remaining grant funds may be made by the Council to
			 other eligible recipient(s). (4-6-23)
04.
Internal Take-Over
. If there
			 is a change in legal control and operation of any entity which is a grant
			 recipient, including substantial changes in the governing board, the Council
			 must be notified in writing within twenty (20) days. The grant may continue in
			 effect without interruption. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › STATE DOMESTIC VIOLENCE GRANTS › Section 16.05.04.100 - STATE DOMESTIC VIOLENCE PROJECT GRANTS

Current through August 31, 2023
01.
Overview
. Money may be granted to a program under the State
				Domestic Violence Project Grants, Sections
				39-5201 through
				39-5213, Idaho Code, and any
				applicable policies, rules, and regulations. (4-6-23)
02.
Distribution
. The Council
				annually awards grants totaling no less than fifty-one percent (51%) of the
				funds collected under Section
				39-5212, Idaho Code, during the
				last completed state fiscal year. On an annual basis, following determination
				by the Council of the total funds available for domestic violence grants, the
				Council will establish and announce the amount of funding available to eligible
				projects throughout the state. Grants will be awarded consistent with the
				requirements under Section
				39-5212, Idaho Code. (4-6-23)
a. At its discretion, the Council may award
				any domestic violence grant funds not obligated or expended during any grant
				period. (4-6-23)
b. At its
				discretion, the Council may solicit proposals for specific types of programs or
				services to fill identified domestic violence shelter needs in any region.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › VICTIM ASSISTANCE GRANTS › Section 16.05.04.200 - VICTIMS OF CRIME ACT (VOCA) VICTIM ASSISTANCE GRANTS

Current through August 31, 2023
01.
Overview
. Money may be
				granted to a program under Victims of Crime Act of 1984,
				P.L.
				98-473, Title II, Chapter XIV,
				42 U.S.C.
				10601, et seq (VOCA), and any applicable
				rules and regulations. (4-6-23)
02.
Distribution
. On an annual basis, following the Council's receipt
				of a grant award letter from the U.S. Justice Department announcing the amount
				available for Idaho's victim assistance grant under VOCA, the Council will
				establish the amount of funding to be subgranted to qualifying projects.
				Determination of the actual percentage and amount of funds to be subgranted for
				the priority categories and any other categories, or for each region, or both,
				and for statewide projects will be based on best available data to the Council.
				(4-6-23)
a. Allocations for Priority and Other
				Categories. The Council will allocate the federal crime victim assistance funds
				granted to Idaho to programs in compliance with applicable VOCA regulations.
				(4-6-23)
b. Allocations for Service
				Areas. (4-6-23)
i. The Council will subgrant
				at least five percent (5%) of the available amount to eligible programs in each
				of the seven (7) regions of the state and five percent (5%) to eligible
				programs offering statewide services; if there are not statewide programs with
				eligible applicants and acceptable applications, the Council will use
				discretion in allocating the statewide portion elsewhere. The Council has the
				discretion to allocate remaining funds (sixty percent (60%)) throughout the
				state where needed. In all decisions regarding fund allocation, the Council
				will consider the best available data, including the type of services offered
				by each applicant and the types of services available or lacking in each
				region, and endeavor to fund programs in each region that ensure services to
				meet identified needs of victims are available. (4-6-23)
ii. At its discretion, the Council may
				solicit proposals for specific types of programs or services to fill identified
				victim service gaps in any region. (4-6-23)
c. Unexpended Funds. Any victim assistance
				grant funds not obligated or expended during any grant period will be
				apportioned by the Council at its discretion, within the established federal
				limits governing use of the funds. In the event that a program is unable to use
				all of its grant or subgrant within the time limits of the agreement, the
				Council has discretion to work with the program to reallocate funds to other
				programs. (4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.04 - DOMESTIC VIOLENCE COUNCIL GRANTS › FAMILY VIOLENCE GRANTS › Section 16.05.04.300 - FAMILY VIOLENCE PREVENTION AND SERVICES ACT (FVPSA) GRANTS

Current through August 31, 2023
01.
Overview
. Money may be
				awarded to a program under the Family Violence Prevention and Services Act
				(FVPSA) Grant, Title III of the Child Abuse Amendments of 1984
				P.L.
				98-457,
				42 U.S.C.
				10401, et seq. and any applicable rules and
				regulations. (4-6-23)
02.
Distribution
. If all seven (7) regions have qualified and eligible
				applicants, then ten percent (10%) of the FVPSA Grant funds will be awarded to
				each region. (4-6-23)
a. The Council has
				discretion to disperse the remaining funds (thirty percent (30%)) throughout
				the state based on need and demand for services, as determined by considering
				best available data, and consistent with FVPSA guidelines. If any regions do
				not have eligible applicants with acceptable applications, the Council will use
				discretion in allocating that region's remaining percentage to other programs
				as described above. (4-6-23)
b. At
				its discretion, the Council may solicit proposals for specific types of
				programs or services to fill identified victim service gaps in any region.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.000 - LEGAL AUTHORITY

Current through August 31, 2023
Sections
				56-202(b),
				56-203(2),
				56-204A,
				56-1004A,
				56-1007,
				39-1105,
				39-1107,
				39-1111,
				39-1210(10),
				39-1211(4),
				39-3520,
				39-5604,
				39-9109,
				66-404(7),
				15-5-308(4),
				15-5-311(5), and
				15-5-316(5),
				Idaho Code, authorize the Department to conduct criminal history and background
				checks. US Public Law
				92-544, authorizes the Department to submit
				fingerprints and receive responses from the Federal Bureau of Investigations
				for the processing of background checks. IRS Publication 1075 requires the
				Department to submit fingerprints and establish a personnel screening program
				for its employees who have access to the Federal Tax Information File as part
				of their duties. 42 USC
				Section 9858f requires the Department to
				check specific records for federal child care programs. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.001 - POLICY

Current through August 31, 2023
The Department will conduct a fingerprint-based criminal
				history and background check on individuals who complete a criminal history
				application. The criminal history applicant is required to disclose any
				pertinent information regarding crimes or findings that would disqualify the
				individual from providing care or services to children or vulnerable adults.
				The Department may obtain information for these criminal history and background
				checks from the following sources: (3-28-23)
01. Federal Bureau of Investigation.
			 (3-28-23)
02. Idaho State Police
			 Bureau of Criminal Identification. (3-28-23)
03. Any state or federal Child Protection
			 Registry. (3-28-23)
04. Any state
			 or federal Adult Protection Registry. (3-28-23)
05. Any state Sexual Offender Registry.
			 (3-28-23)
06. Office of Inspector
			 General List of Excluded Individuals and Entities. (3-28-23)
07. Idaho Department of Transportation
			 Driving Records. (3-28-23)
08.
			 Nurse Aide Registry. (3-28-23)
09.
			 Other states and jurisdictions records and findings. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.010 - DEFINITIONS

Current through August 31, 2023
For the purposes of this chapter of rules, the following terms
				apply: (3-28-23)
01.
Agency
. An administrative subdivision of government or an establishment
			 engaged in doing business for another entity. This term is synonymous with the
			 term "employer". (3-28-23)
02.
Application
. An individual's request for a background check in
			 which the individual discloses any convictions, pending charges, or child or
			 adult protection findings, and authorizes the Department to obtain information
			 from available databases and sources relating to the individual.
			 (3-28-23)
03.
Background
			 Check Unit
. The Department's Unit responsible for processing
			 fingerprint-based background checks, and issuing clearances or denials
			 according to these rules. (3-28-23)
04.
Clearance
. A clearance is a
			 document designated by the Department as the official result of a completed
			 background check with no disqualifying crimes or relevant records found.
			 (3-28-23)
05.
Conviction
. An individual is considered to have been convicted of a
			 criminal offense when: (3-28-23)
a. A judgment
			 of conviction, or an adjudication, has been entered against the individual by
			 any federal, state, military, or local court; (3-28-23)
b. There is a finding of guilt against the
			 individual by any federal, state, military, or local court; (3-28-23)
c. A plea of guilty or nolo contendere by the
			 individual has been accepted by any federal, state, military, or local court;
			 (3-28-23)
d. An individual has
			 entered into or participated in first offender, deferred adjudication, or
			 another arrangement or program where judgment of conviction has been withheld.
			 This includes when: (3-28-23)
i. An individual
			 participates in a drug court; or (3-28-23)
ii. An individual participates in a mental
			 health court. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.050 - FEES AND COSTS FOR BACKGROUND CHECKS

Current through August 31, 2023
The fee for a Department fingerprint-based background check is
				up to seventy dollars ($70) for an individual. The applicant is responsible for
				the cost of the background check. The Department may waive the fee for certain
				individuals. An applicant is responsible for any additional costs incurred by
				the Department paid to agencies, judicial, or law enforcement jurisdictions in
				other states. The Department will collect the additional funds to cover its
				costs. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.060 - AGENCY RESPONSIBILITIES

Current through August 31, 2023
01.
Initial
			 Registration
. Agencies required to obtain Department background checks
			 on individuals must register with the Department and receive an agency
			 identification number before applications are processed or accessed.
			 (3-28-23)
02.
Change in Name
			 or Ownership
. An agency or facility must: (3-28-23)
a. If acquired by another entity, the new
			 ownership will register as a new agency and provide contact information to
			 obtain a new agency identification number and website access within thirty (30)
			 calendar days of acquisition. New ownership occurs when the agency obtains a
			 new federal Employer Identification Number with the Internal Revenue Service.
			 (3-28-23)
b. The previous ownership
			 will settle any background check debt with the Department prior to the
			 completion of the acquisition. The Department reserves the right to not
			 acknowledge the transfer to the new ownership if the previous ownership
			 background check debt is not settled. (3-28-23)
c. If there is a change in name or location,
			 the agency will update their profile on the Department website with their new
			 name, location, and contact information within thirty (30) calendar days of the
			 change. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.070 - NONCOMPLIANCE WITH THESE RULES

Current through August 31, 2023
The Department will report an agency's noncompliance with these
				rules to the applicable licensing or certification unit or appropriate program
				integrity unit. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.101 - DEPARTMENT INDIVIDUALS SUBJECT TO A BACKGROUND CHECK

Current through August 31, 2023
The following Department employees, contractors, and volunteers
				are subject to background checks. (3-28-23)
01.
Employees, Contractors, and
			 Volunteers
. Employees, contractors, and volunteers providing direct care
			 services or who have access to children or vulnerable adults under Section
			 39-5302(10),
			 Idaho Code. (3-28-23)
02.
Employees of Bureau of Compliance
. (3-28-23)
a. Fraud Investigators; (3-28-23)
b. Utilization Review Analysts; and
			 (3-28-23)
c. Background Check Unit
			 staff. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.120 - APPLICATION FOR A BACKGROUND CHECK

Current through August 31, 2023
Individuals who are subject to a background check must submit
				their application on the Department website. (3-28-23)
01.
Application Form
. To request
			 a background check, the applicant must apply on the Department website and
			 provide all the information requested in the Department-provided forms. The
			 individual's application authorizes the Department to obtain information and
			 release it under applicable state and federal law. (3-28-23)
02.
Disclosures
. The individual
			 must disclose any conviction, pending charges or indictment for crimes, and
			 furnish a description of the crime and the particulars on the application. The
			 individual must also disclose any notice by a state or local agency of
			 substantiated child or substantiated vulnerable adult abuse, neglect,
			 exploitation, or abandonment complaint, and any other information as required.
			 (3-28-23)
03.
Failure to
			 Disclose Information
. (3-28-23)
a. An
			 applicant who falsifies or fails to disclose information on the application,
			 may be subject to prosecution under Sections
			 18-3203,
			 18-5401, and
			 56-227A, Idaho Code.
			 (3-28-23)
b. An applicant required
			 to obtain a background check under Section
			 126 of these rules that knowingly
			 makes a materially false statement in connection to their background check will
			 receive an unconditional denial as provided in Section
			 200 of these rules.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.125 - IDAHO CHILD PROTECTION CENTRAL REGISTRY CHECKS

Current through August 31, 2023
The Department will provide the results of a check of the Idaho
				Child Protection Central Registry to any agency that requires it to comply with
				applicable federal, state, or local law. The Department will process those
				requests under this rule. (3-28-23)
01.
Request for an Idaho Child
			 Protection Central Registry Check
. A request for an Idaho Child
			 Protection Central Registry check must be submitted on the Department form by
			 mail, facsimile transmission, or email attachment. (3-28-23)
02.
Fee Amount
. The fee for an
			 Idaho Child Protection Central Registry check is twenty dollars ($20) for each
			 subject checked. (3-28-23)
03.
Department Response
. A response will be returned to the agency
			 initiating the request for the check within fourteen (14) days of receipt of
			 the request. The Department's response will be limited to confirmation whether
			 the subject is listed in the Registry. The requestor may contact the
			 Department's Division of Family and Community Services if additional
			 information is needed. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.126 - APPLICANTS RECEIVING A DEPARTMENT ENHANCED CLEARANCE

Current through August 31, 2023
The following classes of individuals are required to provide
				their previous residence information for the preceding five (5) years in their
				application for a background check. If the applicant's previous background
				check included checks of out-of-state Central Child Protection Registries
				within the previous six (6) months, the applicant is not required to complete
				them again. (3-28-23)
01.
Adoptive Parent Applicants
. (3-28-23)
02.
Behavioral Health Programs
.
			 (3-28-23)
03.
Certified
			 Family Homes
. (3-28-23)
04.
Children's Agency Facility Staff
. (3-28-23)
05.
Children's Residential Care
			 Facilities
. (3-28-23)
06.
Children's Therapeutic Outdoor Programs
. (3-28-23)
07.
Citizen Review Panel
			 Members
. (3-28-23)
08.
Idaho Child Care Program (ICCP)
. (3-28-23)
09.
Licensed Foster Care
.
			 (3-28-23)
10.
Licensed Day
			 Care
. (3-28-23)
11.
Mental Health Services
. (3-28-23)
12.
Substance Use Disorders
			 Services
. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.140 - SUBMISSION OF FINGERPRINTS

Current through August 31, 2023
Ten (10) rolled fingerprints must be collected from the
				individual and submitted to the Department under Section
				150 of these rules to process a
				background check request. (3-28-23)
01.
Department Fingerprinting
			 Locations
. The Department will collect the individual's fingerprints at
			 designated locations listed on the Department's website. The applicant may
			 contact the Background Check Unit for additional guidance. (3-28-23)
02.
Submitting Fingerprints by
			 Mail
. Individuals who elect to have fingerprints collected by a local
			 law enforcement agency or by the applicant's agency must use a federal FD-258
			 Applicant fingerprint card. The fingerprint card must be completed using the
			 instructions provided, signed, and mailed along with the applicable fee to the
			 address indicated on the Department's website. The applicant fingerprints and
			 fees must be received by the Department in the time frame required in Section
			 150 of these rules.
			 (3-28-23)
03.
Submission of
			 Reprints
. If an individual's submitted fingerprints are deemed
			 unreadable by the Department, Idaho State Police, or the FBI, the applicant
			 must comply with a request for reprints from the Department within fifteen (15)
			 calendar days from the date of the notice. Failure to comply with the request
			 will result in the applicant being unavailable to provide services.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.150 - TIME FRAME FOR SUBMITTING FINGERPRINTS

Current through August 31, 2023
01.
Time Frame
. The applicant fingerprints must be received by the
			 Department within twenty-one (21) days from the date of the application
			 submission in the Department background check system whether the fingerprints
			 are sent by mail or collected at a Department fingerprinting location. If the
			 Department does not receive the applicant fingerprints within sixty (60)
			 calendar days from the background check submission date on the Department
			 website, the applicant must complete a new application. (3-28-23)
02.
No Extension of Time Frame
.
			 The Department will not extend the twenty-one (21) day time frame, unless the
			 agency provides just cause. If the Department does not extend the time frame,
			 the applicant must be removed from any situation where they can have direct
			 access to a vulnerable person or their belongings. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.160 - WITHDRAWAL OF APPLICATION

Current through August 31, 2023
An individual may withdraw their application for a background
				check at any time. An individual who withdraws their application cannot provide
				services, or receive licensure or certification. Fees paid for the cost of the
				background check are non-refundable once the fingerprints have been submitted
				by the Department to the Idaho State Police. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.170 - AVAILABILITY TO PROVIDE SERVICES PENDING COMPLETION OF THE BACKGROUND CHECK

Current through August 31, 2023
An individual is available to provide services on the day the
				application is submitted on the Department website, has been reviewed by the
				agency, and while pending completion of the background check under this rule.
				The individual must have submitted their application and fingerprints in the
				time frame required in Section
				150 of these rules to provide
				services. (3-28-23)
01.
Employees of Providers, Contractors, Bureau of Emergency Medical Services
			 (EMS), or the Department
. An individual is available to provide services
			 on a provisional basis at the discretion of the agency or EMS Bureau if no
			 disqualifying crimes or relevant records are disclosed on the application. The
			 agency must review the application for any disqualifying crimes under Section
			 210 of these rules or other
			 relevant records under Section
			 200 of these rules. The agency
			 determines whether the applicant poses a health or safety risk to vulnerable
			 clients before allowing the individual to provide services until a clearance or
			 denial is issued by the Department. (3-28-23)
02.
Individuals Licensed or Certified
			 by the Department
. Individuals applying for licensure or certification
			 by the Department are not available to provide services or receive licensure or
			 certification until the background check is complete and a clearance is issued
			 by the Department. The following are individuals required to have a clearance
			 prior to providing services: (3-28-23)
a.
			 Adoption or foster care applicants and adults in the home; (3-28-23)
b. Certification or licensure applicants;
			 (3-28-23)
i. Certified family homes;
			 (3-28-23)
ii. Licensed Emergency
			 Medical Services applicants; and (3-28-23)
iii. Department-licensed child care
			 providers. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.180 - BACKGROUND CHECK RESULTS

Current through August 31, 2023
The Department will issue a clearance or denial once the
				background check is completed. (3-28-23)
01.
Results of Background
			 Checks
. The results can be accessed on the Department's website.
			 (3-28-23)
02.
Findings for
			 Court-Required Criminal History and Background Checks
. Under Section
			 56-1004A(2)(b),
			 Idaho Code, the Department will provide findings of a court-ordered background
			 check to individuals appointed by the court under Title 15, Chapter 5, or Title
			 66, Chapter 4, Idaho Code. (3-28-23)
03.
Department Employees That Have
			 Access to the Internal Revenue Service Federal Tax Information File
.
			 Employees assigned to the Self-Reliance Division that access the Internal
			 Revenue Service Federal Tax Information file as part of their duties will be
			 processed for a background check by the Background Check Unit. The
			 Self-Reliance Division will make a fitness determination based on its own
			 policies. (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.190 - BACKGROUND CHECK CLEARANCE

Current through August 31, 2023
01.
Clearance
. A clearance is issued by the Department once all relevant
			 records and findings have been reviewed and the Department has cleared the
			 applicant. The clearance will be published on the Department's website and is
			 available for printing to the individual and their agency. (3-28-23)
02.
Clearance Types
. An
			 applicant required to pass a background check must receive a clearance as
			 provided below: (3-28-23)
a. An enhanced
			 clearance is required for each of the classes listed in Section
			 126 of these rules and requires
			 searches from states and jurisdictions where the applicant has resided in the
			 previous five (5) years. A relevant record on any child protection registry
			 will result in a denial under Subsection
			 200.01 of these rules. An
			 applicant who applies to work in any of these classes must receive or have an
			 enhanced clearance. (3-28-23)
b. An
			 applicant not listed in Section
			 126 of these rules will receive a
			 clearance provided they do not disclose or have a relevant record under
			 Subsections 200.01.a., 200.01.c.,
			 200.01.d., 200.01.e., 200.01.f., or 200.01.g., or a disqualifying crime under
			 Subsections 210.01,
			 210.02, or
			 210.03 of these rules.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.195 - USE OF PREVIOUSLY COMPLETED BACKGROUND CHECKS

Current through August 31, 2023
The agency is responsible for confirming that the applicant has
				received a clearance under Section
				190 of these rules. Once a
				clearance is issued by the Department, verifiable continuous employment of the
				applicant with the same agency eliminates the requirement for a new background
				check. (3-28-23)
01.
New
			 Background Check
. Any individual required to have a background check
			 under these rules must complete a new application, including fingerprints when:
			 (3-28-23)
a. An applicant is accepting
			 employment with a new agency, and their last Department background check was
			 completed more than three (3) years prior to their employment date; or
			 (3-28-23)
b. An applicant is
			 applying for licensure or certification with the Department. and their last
			 Department background check was completed more than three (3) years prior to
			 their employment date or licensure application date; or (3-28-23)
c. An applicant's affiliation ends, is later
			 re-affiliated to the same agency, and the applicant background check is older
			 than three (3) years at the time of the re-affiliation.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.200 - UNCONDITIONAL DENIAL

Current through August 31, 2023
An individual who receives an unconditional denial is not
				available to provide services, have access, or be licensed or certified by the
				Department. (3-28-23)
01.
Reasons for an Unconditional Denial
. Unconditional denials are issued
			 for: (3-28-23)
a. Disqualifying crimes under
			 Section 210 of these
			 rules; (3-28-23)
b. A relevant
			 record on any Child Protection Registry for the classes of individuals under
			 Section 126 of these
			 rules; (3-28-23)
c. A relevant
			 record on the Idaho Child Protection Central Registry with a Level one (1) or
			 Level two (2) designation for all other applicants covered by these rules;
			 (3-28-23)
d. A relevant record on
			 the Nurse Aide Registry; (3-28-23)
e. A relevant record on either the state or
			 federal sex offender registries; (3-28-23)
f. A relevant record on the U. S. Health and
			 Human Services, Office of the Inspector General List of Excluded Individuals
			 and Entities (LEIE); (3-28-23)
g. A
			 relevant record on the state Medicaid Exclusion List: or (3-28-23)
h. A materially false statement made
			 knowingly in connection to the Department's background check application for
			 the classes of individuals under Section
			 126 of these rules will result in a
			 five-year disqualification period for the applicant.
			 (3-28-23)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.05.06 - CRIMINAL HISTORY AND BACKGROUND CHECKS › Section 16.05.06.210 - DISQUALIFYING CRIMES RESULTING IN AN UNCONDITIONAL DENIAL

Current through August 31, 2023
An individual is not available to provide direct care or
				services when the individual discloses or the background check reveals a
				conviction for a disqualifying crime on their record under this rule.
				(3-28-23)
01.
Disqualifying
			 Crimes
. The disqualifying crimes under this rule, or any substantially
			 conforming foreign criminal violation, will result in an unconditional denial
			 being issued. (3-28-23)
a. Crimes against
			 vulnerable adults: (3-28-23)
i. Abuse,
			 neglect, or exploitation of a vulnerable adult, as defined in Section
			 18-1505, Idaho Code;
			 (3-28-23)
ii. Abandoning a
			 vulnerable adult, as defined in Section
			 18-1505A, Idaho Code;
			 (3-28-23)
iii. Sexual abuse and
			 exploitation of a vulnerable adult, as defined in Section
			 18-1505B, Idaho Code.
			 (3-28-23)