(1)  All owners, operators, and employees of a daycare facility who have direct contact with children and all other individuals thirteen (13) years of age or older who have unsupervised direct contact with children or are regularly on the premises of a daycare facility shall complete and pass a criminal history and background check in conformance with section 56-1004A, Idaho Code, at least every five (5) years.
(2)  Criminal history checks on those persons under eighteen (18) years of age shall include a check of the juvenile justice records of adjudications of the magistrate division of the district court, county probation services and department records as authorized by the minor and his parent or guardian.

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Terms Used In Idaho Code 39-1105

  • Daycare: means care and supervision provided for compensation during part of a twenty-four (24) hour day, for a child or children not related by blood, marriage or legal guardianship to the person or persons providing the care, in a place other than the child’s or children’s own home or homes. See Idaho Code 39-1102
  • Daycare facility: means a place or facility providing daycare services for compensation to seven (7) or more children not related to the provider. See Idaho Code 39-1102
  • Department: means the Idaho department of health and welfare. See Idaho Code 39-1102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • (3)  Notwithstanding the provisions of section 39-1103, Idaho Code, which provide for exemption from the provisions of this chapter, any person who owns, operates or is employed by a private school for educational purposes for children four (4) through six (6) years of age or a private kindergarten shall comply with the provisions of this section.