Current through August 31, 2023
When an incident of abuse, neglect, or abandonment has been
substantiated, a level of risk is assigned to the incident. The level of risk
is determined by the severity and type of the abuse, neglect, or abandonment
and the potential risk of future harm to a child. The highest level of risk is
designated as Level One and the lowest level of risk is Level Three.
(3-15-22)
01.
Child Protection
Level One. An individual with a Level One designation has been
determined to pose a high to severe risk to children. Names of individuals for
whom an incident of abuse, neglect, or abandonment has been substantiated for
any of the following will remain permanently on the Child Protection Central
Registry at Level One. (3-15-22)
a. Sexual
Abuse as defined in Sections
16-1602(1)(b)
and 18-1506, Idaho Code;
(3-15-22)
b. Sexual Exploitation as
defined in Sections
18-1507 and
18-1507A, Idaho Code;
(3-15-22)
c. Physical abuse as
described in Section
16-1602(1)(a),
Idaho Code, that causes life-threatening, disabling, or disfiguring injury or
damage; (3-15-22)
d. Neglect as
described in Section
16-1602(31),
Idaho Code, that results in life-threatening, disabling, or disfiguring injury
or damage; (3-15-22)
e. Abandonment
as described in Section
16-1602(2), Idaho
Code, that results in life-threatening, disabling, or disfiguring injury or
damage; (3-15-22)
f. Death of a
child; (3-15-22)
g. Torture of a
child as described in Section
18-4001, Idaho Code;
(3-15-22)
h. Aggravated
Circumstances as described in Section
16-1602(6), Idaho
Code; or (3-15-22)
i. Occurrence of
two (2) or more separate, substantiated incidents of abuse, neglect, or
abandonment, each of which falls under the circumstances listed under
Subsection 563.02 of this rule.
(3-15-22)
02.
Child
Protection Level Two. An individual with a Level Two designation has
been determined to pose a medium to high risk to children and will remain on
the Child Protection Central Registry for a minimum of ten (10) years. After
the end of the ten-year (10) period, an individual may petition the Department
to request their name be removed from the Child Protection Central Registry in
accordance with Section
566 of these rules. Names of
individuals for whom an incident of abuse, neglect, or abandonment has been
substantiated for any of the following will be given the designation of Level
Two. (3-15-22)
a. Prenatal use of any
controlled substance as defined under Section
37-2701(e), Idaho
Code, except as prescribed by a medical professional; (3-15-22)
b. Administering or knowingly allowing a
child to absorb or ingest one (1) or more controlled substances as defined
under Section
37-2701(e), Idaho
Code, except in the amount prescribed for the child by a medical professional;
(3-15-22)
c. Child exposed to:
(3-15-22)
i. Drug paraphernalia, as defined
in Section
37-2701(n), Idaho
Code; (3-15-22)
ii. Manufacture of
controlled substances, as defined under Section
37-2701(e), Idaho
Code, and Section
37-2701(s), Idaho
Code; or (3-15-22)
iii. Chemical
components used in the manufacture of controlled substances, as defined under
Section 37-2701(e), Idaho
Code. (3-15-22)
d.
Failure to thrive caused by abuse, neglect, or abandonment, as established by
medical evidence; (3-15-22)
e.
Physical abuse as described in Section
16-1602(1)(a),
Idaho Code, abandonment as described in Section
16-1602(2), Idaho
Code, or neglect as described in Section
16-1602(31),
Idaho Code, that results in neither disabling nor disfiguring injury or damage,
but may require medical or other treatment; (3-15-22)
f. The restraint or confinement of a child
that poses a substantial risk of causing life-threatening, disabling, or
disfiguring injury or damage; (3-15-22)
g. Medical neglect as described in Section
16-1602(31),
Idaho Code, that poses a substantial risk of resulting in life-threatening,
disabling, or disfiguring injury or damage; (3-15-22)
h. Malnutrition as established by medical
evidence; or (3-15-22)
i.
Occurrence of two (2) or more separate, substantiated incidents of abuse,
neglect, or abandonment, each of which falls under the circumstances listed
under Subsection 563.03 of
this rule. (3-15-22)
03.
Child Protection Level Three. An individual with a Level Three
designation has been determined to pose a mild to medium risk of harm to the
health, safety, or well-being of a child. The name of that individual will
remain on the Child Protection Central Registry for a minimum of five (5)
years. After the end of the five-year (5) period, an individual may petition
the Department to request their name be removed from the Child Protection
Central Registry in accordance with Section
566 of these rules. Names of
individuals for whom an incident of abuse, neglect, or abandonment has been
substantiated for any of the following are given the designation of Level
Three. (3-15-22)
a. Lack of supervision;
(3-15-22)
b. Failure to protect
from abuse, neglect, or abandonment as described in Section
16-1602, Idaho Code;
(3-15-22)
c. Failure to discharge
parental responsibilities described under Section
16-1602(31),
Idaho Code; or (3-15-22)
d.
Physical abuse as described in Section
16-1602(1)(a),
Idaho Code, or neglect as described in Section
16-1602(31),
Idaho Code, that causes minor injuries or damage that does not require medical
treatment. (3-15-22)
