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)
b. Aggravated,
first-degree and second-degree arson, as defined in Sections
18-801 through
18-803, and
18-805, Idaho Code;
(3-28-23)
c. Forcible sexual
penetration by use of a foreign object, as defined in Section
18-6604, Idaho Code;
(3-28-23)
d. Hiring, employing, or
using a minor to engage in certain acts, as defined in Section
18-1517 A, Idaho Code;
(3-28-23)
e. Human trafficking, as
defined in Sections
18-8602 and
18-8603, Idaho Code;
(3-28-23)
f. Incest, as defined in
Section 18-6601, Idaho Code;
(3-28-23)
g. Injury to a child,
felony or misdemeanor, as defined in Section
18-1501, Idaho Code;
(3-28-23)
h. Kidnapping, as defined
in Sections
18-4501 through
18-4503, Idaho Code;
(3-28-23)
i. Lewd conduct with a
minor, as defined in Section
18-1508, Idaho Code;
(3-28-23)
j. Mayhem, as defined in
Section 18-5001, Idaho Code;
(3-28-23)
k. Manslaughter:
(3-28-23)
i. Voluntary manslaughter, as
defined in Section
18-4006(1) Idaho
Code; (3-28-23)
ii. Involuntary
manslaughter, as defined in Section
18-4006(2), Idaho
Code; (3-28-23)
iii. Felony
vehicular manslaughter, as defined in Section
18-4006(3)(a) and
(b), Idaho Code;
(3-28-23)
l. Murder in
any degree or assault with intent to commit murder, as defined in Sections
18-4001, 184003, and
18-4015, Idaho Code;
(3-28-23)
m. Poisoning, as defined
in Sections
18-4014 and
18-5501, Idaho Code;
(3-28-23)
n. Rape, as defined in
Section 18-6101, Idaho Code;
(3-28-23)
o. Robbery, as defined in
Section 18-6501, Idaho Code;
(3-28-23)
p. Felony stalking, as
defined in Section
18-7905, Idaho Code;
(3-28-23)
q. Sale or barter of a
child, as defined in Section
18-1511, Idaho Code;
(3-28-23)
r. Ritualized abuse of a
child, as defined in Section
18-1506A, Idaho Code;
(3-28-23)
s. Female Genital
Mutilation, as defined in Section
18-1506B, Idaho Code;
(3-28-23)
t. Sexual abuse or
exploitation of a child, as defined in Sections
18-1506, Idaho Code;
(3-28-23)
u. Felony sexual
exploitation of a child, as defined in Section
18-1507, Idaho Code;
(3-28-23)
v. Sexual battery of a
minor child under sixteen (16) or seventeen (17) years of age, as defined in
Section 18-1508A, Idaho Code;
(3-28-23)
w. Video voyeurism, as
defined in Section
18-6605, Idaho Code;
(3-28-23)
x Enticing of children,
as defined in Sections
18-1509 and
18-1509A, Idaho Code;
(3-28-23)
y. Inducing individuals
under eighteen (18) years of age into prostitution or patronizing a prostitute,
as defined in Sections
18-5609 and
18-5611, Idaho Code;
(3-28-23)
z. Any felony punishable
by death or life imprisonment; (3-28-23)
aa. Attempted strangulation, as defined in
Section 18-923, Idaho Code;
(3-28-23)
bb. Felony domestic
violence, as defined in Section
18-918, Idaho Code;
(3-28-23)
cc. Battery with intent
to commit a serious felony, as defined in Section
18-911, Idaho Code;
(3-28-23)
dd. Assault with intent
to commit a serious felony, as defined in Section
18-909, Idaho Code; or
(3-28-23)
ee. Aggravated sexual
battery, as defined in Section
18-925, Idaho Code;
(3-28-23)
ff. Sexual abuse of an
animal, as defined in Section
18-6602, Idaho Code;
(3-28-23)
gg. Sexual abuse of human
remains, as defined in Section
18-6603, Idaho Code; or
(3-28-23)
hh. Attempt, conspiracy,
accessory after the fact, or aiding and abetting, as defined in Sections
18-205,
18-304,
18-305,
18-306,
18-307,
18-1701, and
19-1430, Idaho Code, to commit any
of the disqualifying designated crimes. (3-28-23)
02.
Disqualifying Five-Year
Crimes. The Department will issue an unconditional denial for an
individual who has been convicted of the following described crimes for five
(5) years from the date of the conviction for the crimes listed in this rule,
or any substantially conforming foreign criminal violation: (3-28-23)
a. Any felony not described in Subsection
210.01, or
210.03 of this rule;
(3-28-23)
b. Misdemeanor domestic
violence, as defined in Section
18-918, Idaho Code;
(3-28-23)
c. Failure to report
abuse, abandonment or neglect of a child, as defined in Section
16-1605, Idaho Code;
(3-28-23)
d. Misdemeanor forgery of
and fraudulent use of a financial transaction card, as defined in Sections
18-3123 through
18-3128, Idaho Code;
(3-28-23)
e. Misdemeanor forgery
and counterfeiting, as defined in Sections
18-3601 through
18-3620, Idaho Code;
(3-28-23)
f. Misdemeanor identity
theft, as defined in Section
18-3126, Idaho Code;
(3-28-23)
g. Misdemeanor insurance
fraud, as defined in Sections
41-293 and
41-294, Idaho Code;
(3-28-23)
h. Public assistance
fraud, as defined in Sections
56-227,
56-227A,
56-227D,
56-227E and
56-227F, Idaho Code;
(3-28-23)
i. Sexual exploitation of
a child by electronic means, felony or misdemeanor, as defined in Section
18-1507A, Idaho Code;
(3-28-23)
j. Stalking in the second
degree, as defined in Section
18-7906, Idaho Code;
(3-28-23)
k. Misdemeanor vehicular
manslaughter, as defined in Section
18-4006(3)(c),
Idaho Code; (3-28-23)
l. Sexual
exploitation by a medical care provider, as defined in Section
18-919, Idaho Code;
(3-28-23)
m. Sexual Battery, as
defined in Section
18-924, Idaho Code;
(3-28-23)
n. Operating a certified
family home without certification, as defined in Section
39-3528, Idaho Code; or
(3-28-23)
o. Attempt, conspiracy,
accessory after the fact, or aiding and abetting, as defined in Sections
18-204,
18-205,
18-304,
18-306,
18-307,
18-1701, and
19-1430, Idaho Code, to commit any
of the disqualifying five (5) year crimes. (3-28-23)
03.
Disqualifying Three-Year
Crimes. The Department will issue an unconditional denial for an
individual who has been convicted of the following described crimes for three
(3) years from the date of the conviction for the crimes listed in this rule,
or any substantially conforming foreign criminal violation: (3-28-23)
a. A controlled substance manufacture,
delivery, or possession with intent to deliver or manufacture offense, as
defined in Section
37-2732, Idaho Code, felony;
(3-28-23)
b. A controlled substance
paraphernalia offense, as defined in Section
37-2734B, Idaho Code, felony; or
(3-28-23)
c. Operating a motor
vehicle under the influence of alcohol, drugs, or any other intoxicating
substance offense, as defined in Section
18-8004, Idaho Code, felony.
(3-28-23)
04.
Underlying Facts and Circumstances. The Department may consider the
underlying facts and circumstances of felony or misdemeanor conduct including a
guilty plea or admission in determining whether or not to issue a clearance,
regardless of whether or not the individual received one (1) of the following:
(3-28-23)
a. A withheld judgment;
(3-28-23)
b. A dismissal,
suspension, deferral, commutation, or a plea agreement where probation or
restitution was or was not required; (3-28-23)
c. An order under Section
19-2604, Idaho Code, or other
equivalent state law; or (3-28-23)
d. A sealed record.
(3-28-23)