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

Universal Citation: ID Admin Code 16.05.06.210

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)

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)

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