Amends and adds to existing law to establish provisions regarding social workers.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 956 BY CAYLER AN ACT1 RELATING TO SOCIAL WORKERS; AMENDING SECTION 16-1649, IDAHO CODE, TO ESTAB-2 LISH A PROVISION REGARDING ABANDONMENT INVESTIGATIONS; AMENDING CHAP-3 TER 32, TITLE 54, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 54-3206A,4 IDAHO CODE, TO REQUIRE TRAINING; AMENDING SECTION 54-3210, IDAHO CODE,5 TO ESTABLISH PROVISIONS REGARDING THE CODE OF PROFESSIONAL CONDUCT AND6 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-3217, IDAHO CODE,7 TO PROVIDE FOR PENALTIES; AMENDING CHAPTER 32, TITLE 54, IDAHO CODE, BY8 THE ADDITION OF A NEW SECTION 54-3218, IDAHO CODE, TO PROVIDE FOR DU-9 TIES AND LIMITATIONS OF SOCIAL WORKERS; AMENDING SECTION 56-1004, IDAHO10 CODE, TO ESTABLISH A PROVISION REGARDING DOCUMENTATION OF THE ESSENTIAL11 FUNCTIONS AND PSYCHOLOGICAL DEMANDS OF SOCIAL WORKERS; AMENDING CHAP-12 TER 10, TITLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-1004B,13 IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING PSYCHOLOGICAL SUITABIL-14 ITY EVALUATIONS FOR SOCIAL WORKERS EMPLOYED BY THE DEPARTMENT OF HEALTH15 AND WELFARE; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE16 DATE.17

Be It Enacted by the Legislature of the State of Idaho:18

SECTION 1. That Section 16-1649, Idaho Code, be, and the same is hereby19 amended to read as follows:20 16-1649. NOTIFICATION OF RIGHTS. (1) When the department, in accor-21 dance with this chapter, commences an investigation after having received22 information that a child may be abused, neglected, or abandoned and in the23 course of such investigation contacts, directly and in person, the parents,24 guardians, or any persons having legal custody of the child, then the de-25 partment shall notify such parents, guardians, or persons that they have the26 right to:27 (a) Refuse to answer questions;28 (b) Obtain an attorney at their own expense, consult with such attor-29 ney, and have such attorney present during an investigation; provided,30 however, that the department is not authorized to appoint or obtain an31 attorney for such parents, guardians, or persons;32 (c) Refuse entry to their home or other real property; and33 (d) Refuse the questioning of any minor children in their home or on34 their property, unless there is an order issued by a court of competent35 jurisdiction authorizing a particular entry or particular questioning36 or examination.37 (2) The notification required by subsection (1) of this section shall38 be made in writing at the time of or within seventy-two (72) hours after the39 department makes the first contact directly and in person with the parents,40 guardians, or other persons having legal custody of the child.41

2 (3) A parent, guardian, or other person having legal custody of the1 child may expressly assert the rights provided in this section.2 (4) The notification required by subsection (1) of this section shall3 be made in writing on a form prescribed by the department. Such notification4 shall state that if the safety of the child cannot be determined, the depart-5 ment may request assistance from a law enforcement agency or seek a court or-6 der.7 (5)(a) When the department commences an investigation after having re-8 ceived information that a child may be abandoned, the department shall9 make reasonable efforts to inquire as to why the parent or guardian10 abandoned the child and where the parent or guardian was during the time11 of the alleged abandonment.12 (b) The department or its authorized agents, including social workers,13 shall not explicitly or impliedly inform a parent or guardian who has14 abandoned or allegedly abandoned a child that there will be no penalties15 under the law or other adverse outcomes as a result of abandonment dur-16 ing the course of such investigation.17 (5) (6) Failure by the department to provide the notification re-18 quired by this section in a specific investigation shall not affect the19 department's ability to conduct such investigation or to carry out the de-20 partment's duties as provided in this chapter.21

SECTION 2. That Chapter 32, Title 54, Idaho Code, be, and the same is22 hereby amended by the addition thereto of a NEW SECTION, to be known and des-23 ignated as Section 54-3206A, Idaho Code, and to read as follows:24 54-3206A. REQUIRED TRAINING. (1) All social workers licensed under25 the provisions of this chapter shall:26 (a) Be trained in autism, the autism spectrum, and introversion. Such27 social workers shall:28 (i) Complete one (1) autism and one (1) introversion training29 within thirty (30) days of employment as a social worker; and30 (ii) Biannually enroll in and complete one (1) autism and one (1)31 introversion training thereafter;32 (b) Annually enroll in and successfully complete the digital course33 "foundations of autism" online through the autism society website or34 an equivalent course. The equivalent course shall include training on35 what autism is and the basic concepts and characteristics of autism, in-36 cluding sensory processing, communication, emotional regulation, and37 social interactions in individuals with autism. Upon completion of the38 course the board or the providers of the course shall issue a certifi-39 cate of completion. The board shall create a form that requires a social40 worker to sign to acknowledge an understanding of the course and what41 autism is and to acknowledge that an individual shall not be removed42 from the custody of a parent, guardian, or custodian based solely on the43 individual being autistic; and44 (c) Annually review "introverts vs. extroverts: understanding the45 spectrum" online through the positive psychology website or an equiv-46 alent guide. The equivalent guide shall include training on what in-47 troversion is, the basic concepts and characteristics of introversion,48 the spectrum of introversion, including ambiverts, and training on the49

3 traits, characteristics, behaviors, communication styles, emotional1 regulation, and social interactions of introverts. Upon completion,2 the board or the providers shall issue a certificate of completion. The3 board shall create a form that requires a social worker to sign to ac-4 knowledge an understanding of what introversion is and to acknowledge5 that an individual shall not be removed from the custody of a parent,6 guardian, or custodian based solely on the individual being an intro-7 vert.8 (2) The director of the Idaho department of health and welfare shall at-9 tend the annual child welfare league of America conference.10 (3) Nothing in this section shall limit the board's powers and duties11 pursuant to section 54-3204, Idaho Code.12

SECTION 3. That Section 54-3210, Idaho Code, be, and the same is hereby13 amended to read as follows:14 54-3210. CODE OF PROFESSIONAL CONDUCT. (1) The board shall prepare and15 adopt a code of professional conduct and may revise and amend such code from16 time to time. Preparation, revision, amendment, and distribution of said17 code of professional conduct shall be pursuant to the provisions of this sec-18 tion, and chapters 26 and 52, title 67, Idaho Code.19 (2) It shall be a violation of the code of professional conduct if a so-20 cial worker:21 (a) Instructs a judge how to rule in a particular case;22 (b) Speaks negatively to or about parents, guardians, minors, or anyone23 else involved in any child protection case;24 (c) Tells a minor child that the child will not be returning home;25 (d) Lacks competency in Idaho Code and rules involving child protec-26 tion; or27 (e) Makes false or misleading statements to parents or guardians about28 the parent's or guardian's legal rights or responsibilities.29

SECTION 4. That Section 54-3217, Idaho Code, be, and the same is hereby30 amended to read as follows:31 54-3217. VIOLATIONS OF ACT A MISDEMEANOR PENALTIES AND REMEDIES. (1)32 Any person who shall engage in the profession of social work as herein de-33 fined without a license as provided for by this act chapter, or the rules34 or regulations of the board herein provided for, shall be guilty of a misde-35 meanor.36 (2) A violation of section 54-3218(1), Idaho Code, by a licensed social37 worker may result in:38 (a) A finding of a violation of the rules of professional conduct39 adopted by the board;40 (b) The board suspending, refusing to renew, or revoking any license41 issued pursuant to this chapter;42 (c) Loss of employment; or43 (d) Other disciplinary action.44 (3) Any parent or guardian aggrieved by a violation of section 54-3218,45 Idaho Code, by a licensed social worker shall have a cause of action against46 the person alleged to have committed the violation.47

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SECTION 5. That Chapter 32, Title 54, Idaho Code, be, and the same is1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-2 ignated as Section 54-3218, Idaho Code, and to read as follows:3 54-3218. DUTIES AND LIMITATIONS. (1) Any person licensed pursuant to4 this chapter shall include only factual findings supported by clear and con-5 vincing evidence in any official or unofficial report, to a court or tri-6 bunal, or by any other method in which the person is performing in the per-7 son's official capacity as a social worker pursuant to chapter 16, title 16,8 Idaho Code.9 (2) A report from a social worker shall follow all rules adopted by the10 board, the Idaho department of health and welfare, and Idaho Code.11 (3) If a licensed social worker does not abide by the decisions of such12 social worker's supervisors, or makes a decision notwithstanding the deci-13 sion by such supervisors in child protection cases, such social worker shall14 immediately be subject to termination, unless the decision by the supervisor15 violates a law, rule, or legal right.16 (4) Nothing in this chapter shall be construed as limiting the duties of17 the department of health and welfare and its authorized agents as described18 in chapter 16, title 16, Idaho Code.19

SECTION 6. That Section 56-1004, Idaho Code, be, and the same is hereby20 amended to read as follows:21 56-1004. DIRECTOR -- ADDITIONAL POWERS AND DUTIES. (1) The director22 shall exercise the following powers and duties in addition to all other pow-23 ers and duties inherent in the position:24 (a) Prescribe such rules as may be necessary for the administration of25 the department, the conduct and duties of the employees, the orderly and26 efficient management of department business, and the custody, use and27 preservation of department records, papers, books and property belong-28 ing to the state;29 (b) Maintain written documentation of the essential functions and psy-30 chological demands of social workers employed by the department;31 (b) (c) Employ such personnel as may be deemed necessary, prescribe32 their duties and fix their compensation within the limits provided by33 the state personnel system law;34 (c) (d) Administer oaths for all purposes required in the discharge of35 his duties;36 (d) (e) Prescribe the qualifications of all personnel of the depart-37 ment on a nonpartisan merit basis, in accordance with the Idaho person-38 nel system law, provided however, that the administrators in charge of39 any division of the department, and the administrators in charge of the40 state hospital north, state hospital south, state hospital west, and41 southwest Idaho treatment center shall serve at the pleasure of the di-42 rector;43 (e) (f) Create such units, sections and subdivisions as are or may be44 necessary for the proper and efficient functioning of the department.45 (2) The department is empowered to acquire, by purchase, lease or ex-46 change, any property which in the judgment of the department is needful for47 the operation of the facilities and programs for which it is responsible and48

5 to dispose of, by sale, lease or exchange, any property which in the judgment1 of the department is not needful for the operation of the same.2

SECTION 7. That Chapter 10, Title 56, Idaho Code, be, and the same is3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-4 ignated as Section 56-1004B, Idaho Code, and to read as follows:5 56-1004B. SOCIAL WORKERS -- PSYCHOLOGICAL SUITABILITY EVALUA-6 TION. (1) The department shall require a psychological suitability evalu-7 ation for social workers licensed pursuant to chapter 32, title 54, Idaho8 Code, after the department has extended a conditional offer of employment.9 (2) The psychological suitability evaluation shall be limited to as-10 sessing an applicant's capacity to meet the documented job-related demands11 for social workers. The evaluation shall assess only job-related psycho-12 logical traits and functional capacities, which may include emotional reg-13 ulation, interpersonal effectiveness, stress tolerance, profession bound-14 aries, and ethical reliability.15 (3) The evaluation shall not:16 (a) Be used to exclude an applicant solely on the basis of a mental17 health diagnosis or history of treatment;18 (b) Include inquiries unrelated to the essential duties of social work;19 (c) Require disclosure of irrelevant medical or personal information;20 or21 (d) Be used to predict speculative future impairment.22 (4) The psychological evaluator shall be independent of the hiring au-23 thority and shall not have a current treating relationship with the appli-24 cant. The psychological suitability evaluation shall be conducted by:25 (a) A licensed psychologist; or26 (b) A licensed psychiatrist.27 (5) The evaluator shall provide the department with a written report28 that shall only include:29 (a) A written opinion limited to one (1) of the following determina-30 tions:31 (i) The social worker is psychologically suitable or recommended32 for the position; or33 (ii) The social worker is not psychologically suitable or not34 recommended for the position at the time of evaluation; and35 (b) An explanation of background and job-related factors supporting36 the determination.37 (6) Diagnostic labels, raw test data, and detailed clinical findings38 shall not be disclosed to the department. Records relating to psychological39 evaluations shall be maintained as confidential medical records and shall be40 kept separate from personnel files. Access to such records shall be limited41 to department personnel with a legitimate business need for the information.42 (7) For the purposes of this section, "psychological suitability eval-43 uation" means a standardized professional assessment conducted to determine44 whether an applicant demonstrates the psychological characteristics and45 functional capacity necessary to perform the essential duties of a social46 worker.47

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SECTION 8. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3