A. Standards Investigation: Upon the receipt of an application for a license, the Licensing Officer shall conduct an investigation to determine whether the standards established by this chapter and chapter 1, article A of this title are met.
B. Resident Investigation: The Licensing Officer shall conduct an investigation on any resident in a childcare facility who is thirteen (13) years of age or older consistent with this chapter and chapter 1, article A of this title.
C. Criminal History And Background Checks:
1. All licenses issued under this chapter require that the following persons submit to and pass a criminal history and background check:
a. Childcare facility owners, officers and directors;
b. Childcare workers, juvenile childcare workers and volunteers;
c. All employees of a childcare facility who have direct contact with children;
d. Any other individuals who are thirteen (13) years of age or older and who have unsupervised, direct contact with children; or who are regularly on the premises of a childcare facility.
2. No new childcare licenses shall be issued without the Licensing Officer first obtaining all of the necessary and required criminal history and background checks for such license, except as permitted under this chapter as a temporary license status. Issuance of the license may be denied for failure of the criminal history and background check by any of the persons required to submit to such investigation pursuant to subsection C1 of this section. Any childcare facility license may be denied, suspended or revoked for failure by applicant and licensee to notify the City Clerk of any person subject to criminal history and background checks pursuant to subsections 3-6-7A1, 3-6-8A1 and 3-6-9A1 of this chapter.
3. For all persons eighteen (18) years of age or older, subject to the provisions of this chapter and State law, the required criminal history and background check, shall include a search of the following:
a. Federal Bureau of Investigation (FBI) fingerprint criminal history check;
b. Nation Crime Information Center's National Sex Offender Registry;
c. An enhanced clearance check search of the following registries, repositories, or databases in Idaho and each state where the applicant resided during the preceding five (5) years:
(1) Statewide Criminal Identification Bureau;
(2) State sex offender registry or repository;
(3) State-based child abuse and neglect registry and database.
d. The Clerk's Office may also obtain information for criminal and background checks from the following additional sources:
(1) State or federal adult protection registry or repository;
(2) Office of Inspector General List of Excluded Individuals and Entities;
(3) Idaho Department of Transportation Driving Records;
(4) Nurse Aide Registry; and
(5) Other states and jurisdictions' records and findings.
4. The criminal history and background check on those persons under eighteen (18) years of age, must include a check of the juvenile justice records, as authorized by the minor and his parent or guardian. Records must be checked for each jurisdiction in which the individual has resided since becoming thirteen (13) years of age through eighteen (18) years of age. A check of the juvenile justice records shall include the following:
a. A check of the juvenile justice records of adjudications of the magistrate division of the district court;
b. County probation services; and
c. Health and Welfare department records.
D. Premises Inspection: Prior to issuing or renewing a childcare facility license, a Licensing Officer or Health and Safety Inspector shall conduct an inspection of the premises at which the applicant will operate the childcare facility. A Licensing Officer shall review all Health and Safety Inspector documentation submitted for any premises to ensure the premises is in compliance with the requirements of this chapter.
E. New Criminal History Check: Any agency, the employer, or the City Clerk's Office, at its discretion, may require an individual to complete a new criminal history and background check or enhanced clearance check at any time. (Ord. 29-17, 9-19-2017; amd. 2019 Code; Ord. 60-21, 12-14-2021, eff. 3-1-2022; Ord. 18-23, 5-23-2023)