LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature Second Regular Session - 2020 Moved by Scott Seconded by Amador(4) IN THE HOUSE OF REPRESENTATIVES HOUSE BILLAMENDMENT NO.TO H.B.

455,NO. As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO CHILD PROTECTION;

AMENDING455 SECTIONAMENDMENT 16-1605, IDAHO CODE, TO RE-SECTION VISE1 PROVISIONSOn REGARDINGpage REPORTING1 OFof CHILDthe ABUSE,printed ABANDONMENT,bill, ORfollowing NEGLECTline AND31, TOinsert: PROVIDE REPORTING REQUIREMENTS FOR CERTAIN PERSONS;

AND"(2) AMENDINGAny SECTIONresident 16-1606,of IDAHOthis CODE,state TOnot REVISElisted PROVISIONSin REGARDINGsubsection IMMUNITY(1) FORof THOSEthis WHOsection REPORThaving CHILDreason ABUSE,to ABANDONMENT,believe ORthat NEGLECT.a child under the age of eighteen (18) years has been abused, abandoned, or neglected or who observes the child be - ing subjected to conditions or circumstances that would reasonably result in abuse, abandonment, or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1.

That Section 16-1605, Idaho Code, be, and the same is hereby amended to read as follows:

16-1605.

REPORTING OF ABUSE, ABANDONMENT OR NEGLECT.

(1) Any physi- cian, resident on a hospital staff, intern, nurse, other health care worker, coroner, school teacher, principal or other school personnel, day care per- sonnel, professional child care worker who is at least eighteen (18) years of age, social worker, or other person counselor, therapist, other mental health professional, substance abuse counselor, law enforcement officer, or probation or parole officer having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected or who ob- serves the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department.

The department shall be informed by law enforcement of any report made directly to it.

If the department knows or has reason to know that an adult in the home has been convicted of lewd and lascivious conduct or felony injury to a child in the past or that the child has been removed from the home for circumstances that resulted in a conviction for lewd and lascivious conduct or felony injury to a child, then the department shall investigate.

When the attendance of a physician, resident, intern, nurse, day care worker, or social worker is pursuant to the performance of services as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institu- tion or his designated delegate who shall make the necessary reports.

(2) Any resident of this state not listed in subsection (1) of this sec - tion having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned, or neglected or who observes the child be - ing subjected to conditions or circumstances that would reasonably result in abuse, abandonment, or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department.

(3)"; For purposes of subsection (34) of this section, the term "duly ordained minister of religion" means a person who has been ordained or set apart, in accordance with the ceremonial, ritual or discipline of a church or religious organization which has been established on the basis of a community of religious faith, belief, doctrines and practices, to hear con- fessions and confidential communications in accordance with the bona fide doctrines or discipline of that church or religious organization.

(34)in Theline notification32, requirementsdelete of"(2)" subsections (1) and (2)insert: of this section do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiasti- cal capacity in the course of discipline enjoined by the church to which he belongs if:

(a)"(3) The"; church qualifies as tax-exempt under 26 U.S.C.

501(c)(3);also in line 32, delete "3" and insert:

(b)"34"; The confession or confidential communication was made directly to the duly ordained minister of religion;

and (c) The confession or confidential communication was made in theline manner39, anddelete context"3" that places the duly ordained minister of religion specif- ically and strictlyinsert: under a level of confidentiality that is considered inviolate by canon law or church doctrine.

A"34"; confession or confiden- tial communication made under any other circumstances does not fall un- der this exemption.

(45)also Failure to report as required in thisline section39, shalldelete be"subsection a(1)" misde-and meanor.insert:

SECTION"subsections 2.(1) and (2)".

ThatOn Sectionpage 16-1606,2, Idahodelete Code,"4" be, and theinsert: same is hereby amended to read as follows:

16-1606."4 5".

IMMUNITY.CORRECTION TO TITLE On page 1, in line 4, following "NEGLECT" insert:

Any"AND personTO whoPROVIDE hasREPORT- reasonING toREQUIREMENTS believeFOR thatCERTAIN aPERSONS". child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in section 16-1605, Idaho Code, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.

Any such participant shall have the same immunity with respect to participation in any such judicial proceeding resulting from such report.

Any person who reports in bad faith or with mal- ice shall not be protected by this section.

Any privilege between husband and wife, or between any professional person except the lawyer-client privi- lege, including but not limited to physicians, counselors, hospitals, clin- ics, day care centers and schools and their clients, shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or ne- glect of the child or the cause thereof.