Levels Of Risk On The Child Protection Central Registry

When an incident of abuse, neglect, or abandonment has been substantiated, a level of risk is assigned to the incident. (7-1-25) 01. Child Protection Level One. 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. (7-1-25) a. Sexual Abuse as defined in Sections 16-1602(1)(b) or 18-1506, Idaho Code; (7-1-25) b. Sexual Exploitation as defined in Sections 18-1507 or 18-1507A, Idaho Code; (7-1-25) c. Abuse as described in Section 16-1602(1)(a), Idaho Code, that causes life-threatening, disabling, or disfiguring injury or damage; (7-1-25) 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, IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 563 Page 26 disabling, or disfiguring injury or damage; (3-15-22) f. Death of a child as a result of abuse, neglect, or abandonment; (7-1-25) 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, listed under Subsection 563.02 of this rule. (7-1-25) 02. Child Protection Level Two. An individual with a Level Two designation 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. (7-1-25) 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(o), Idaho Code; (7-1-25) ii. Manufacture of controlled substances, as defined under Section 37-2701(e), Idaho Code, and Section 37-2701(t), Idaho Code; or (7-1-25) iii. Chemical components used in the manufacture of controlled substances, as defined under Section 37-2701(e), Idaho Code. (3-15-22) d. Abuse as described in Section 16-1602(1)(a), Idaho Code, that results in neither disabling nor disfiguring injury or damage, but requires medical treatment as recommended by a medical provider; (7-1-25) e. Abandonment as described in Section 16-1602(2), Idaho Code, that results in neither disabling nor disfiguring injury or damage, but requires medical treatment as recommended by a medical provider: (7-1-25) f. Neglect as described in Section 16-1602(31), Idaho Code, that results in neither disabling nor disfiguring injury or damage, but requires medical treatment as recommended by a medical professional; (7-1-25) g. 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) h. 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) i. Malnutrition as established by medical evidence; or (3-15-22) j. Occurrence of two (2) or more separate, substantiated incidents of abuse, neglect, or abandonment, listed under Subsection 563.03 of this rule. (7-1-25) 03. Child Protection Level Three. An individual with a Level Three designation 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 IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 564 Page 27 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. (7-1-25) 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)(b), Idaho Code; (7-1-25) d. Abuse as described in Section 16-1602(1)(a), Idaho Code, that causes minor injuries or damage that does not require medical treatment; (7-1-25) e. Neglect as described in Section 16-1602(31), Idaho Code, that causes minor injuries or damage that does not require medical treatment. (7-1-25) 564. NOTIFICATION OF A SUBSTANTIATED INCIDENT OF ABUSE, NEGLECT, OR ABANDONMENT, AND RELATED ADMINISTRATIVE REVIEW AND CONTESTED CASE APPEAL RIGHTS. 01. Notification of Substantiated Incident. Prior to placement on the Child Protection Central Registry, the department will notify by certified mail, return receipt requested, each individual for whom an incident of abuse, neglect, or abandonment has been substantiated. The individual has twenty-eight (28) days from the date on the notification to file a request for an administrative review. Failure to request a review will result in the individual’s name being entered on the Child Protection Central Registry without further right for appeal. The department’s written notice will state: (7-1-25) a. The risk level assigned to the incident; (3-15-22) b. The basis for the department’s decision; (7-1-25) c. The individual’s right to request an administrative review by the department’s Family and Community Services (FACS) Division Administrator of the department’s decision; and (7-1-25) d. The department’s contact information. (7-1-25) 02. Administrative Review Requested. If the individual requests an administrative review by the FACS Division Administrator within twenty-eight (28) days from the date on the notification, the appeal process will begin. The individual will receive redacted documents regarding the incident that is being appealed. The individual will have fourteen (14) days to submit additional documentation. At the end of the fourteen-day period, the incident will be reviewed by the FACS Division Administrator and a decision will be rendered to either affirm, reverse, or modify, the decision to substantiate the incident of abuse, neglect, or abandonment. The Department will notify the individual of the FACS Division Administrator’s decision by mail. If the administrative review affirms or modifies the decision to substantiate, failure to timely request a contested case appeal will result in the individual’s name being entered on the Child Protection Central Registry without further right for appeal. (7-1-25) 03. Reversal of Decision to Substantiate. When the FACS Division Administrator completes the administrative review and reverses the decision to substantiate the incident of abuse, neglect, or abandonment, then no further action is required by the individual. The individual’s name will not be placed on the Child Protection Central Registry. (7-1-25) 04. Contested Case Appeal. When the FACS Division Administrator completes the administrative review and affirms the decision to substantiate the incident of abuse, neglect, or abandonment, the individual will be notified by mail that the individual has twenty-eight (28) days to continue the appeal process and will be informed of: (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 566 Page 28 a. The basis for the department’s decision; (7-1-25) b. The procedures for filing a contested case appeal; (7-1-25) c. The procedures for filing a petition for removal from the Child Protection Central Registry after the applicable minimum time has passed under Section 566 of these rules; (7-1-25) d. The department's contact information; and (7-1-25) e. That failure to respond at any point in the appeal process will end the appeal process and the individual’s name will automatically be entered on the Child Protection Central Registry without further notice or right to appeal. (7-1-25) 05. Child Protection Central Registry. Following a decision by the hearing officer to affirm the decision to substantiate, an individual’s name will be placed on the Child Protection Central Registry. (7-1-25) 565. (RESERVED) 566. PETITION FOR REMOVAL OF AN INDIVIDUAL’S NAME FROM THE CHILD PROTECTION CENTRAL REGISTRY. Any individual whose name is on the Child Protection Central Registry and whose required minimum time on the registry has elapsed, may petition the Department to remove their name from the Registry. If not previously assigned a risk level, the petitioner will be assigned a child protection risk level in accordance with the criteria under Section 563 of these rules. An individual whose name appears with a Level One designation on the Child Protection Central Registry is not eligible to petition for removal. (7-1-25) 01. Petition for Removal From the Child Protection Central Registry. Any individual whose name appears on the Child Protection Central Registry with a designation of either Level Two or Level Three, may petition to have their name removed from the Child Protection Central Registry after the minimum period of time has elapsed for the applicable level. The petition must include a written statement from the petitioner to the department's FACS Division Administrator requesting that the petitioner's name be removed from the Child Protection Central Registry. (7-1-25) 02. Criteria for Granting Petition for Removal From the Child Protection Central Registry. The petition for removal from the Child Protection Central Registry will be granted if: (3-15-22) a. There are no additional substantiated reports on the Child Protection Central Registry or that of other states in which the petitioner has resided since the last substantiated report of abuse, neglect, or abandonment in Idaho; and (3-15-22) b. There are no convictions, adjudications, or withheld judgments for any of the crimes listed under Subsection 566.03 of this rule: (3-15-22) i. On Idaho’s central repository of criminal history records as established and maintained by the Idaho State Police under Title 67, Chapter 30, Idaho Code; or (3-15-22) ii. On the criminal history repository of other states in which the petitioner has resided since the last substantiated report of abuse, neglect, or abandonment in Idaho. (3-15-22) 03. Criminal History Checks. It is the responsibility of the petitioner to request, pay for, and obtain the criminal history checks and submit them to the department. (7-1-25) a. The department will not remove a petitioner from the Child Protection Central Registry when the petitioner’s criminal history and background check reveals a conviction for a disqualifying crime under IDAPA 16.05.06, “Criminal History & Background Checks”, Section 210, except the department may remove a petitioner from the Child Protection Central Registry where the conviction arose from the same events for which the person was placed on the registry. (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 567 Page 29 04. Granting or Denying Removal From the Child Protection Central Registry. The department will issue a letter granting or denying removal of the petitioner’s name from the Child Protection Central Registry within twenty-eight (28) days of receipt of the petition. (7-1-25) 05. Appeal of a Denial of Removal From the Child Protection Central Registry. The individual may appeal the denial of removal of their name from the Child Protection Central Registry. (7-1-25)