Idaho Bills

Amends and adds to existing law to provide for attendance at child protection hearings.

This legislation changes who is allowed in the court room during child protection hearings. Currently, the public is excluded from attending. This exclusion includes key figures who have an interest in the wellbeing of the child. A judge would need to find good cause to exclude those listed and make a written record of that finding. Those to be included: the department, parents, guardians, legal custodians, tribal representatives, assigned guardians ad litem, the assigned prosecuting attorney or deputy attorney general, elected state legislators, counsel for each of these entities.

Adds to existing law to provide for safety checks for children under one year of age.

Newborns and infants are completely dependent on their caretakers. It is the intent of the legislature to protect them against abuse and neglect. The purpose of this bill is to direct the Department of Health and Welfare to investigate and verify any report regarding a caretaker of a newborn who has one of the listed risk factors in this bill within 12 hours. If the report can be verified, this bill directs the Department to set the case to Priority 1 and complete a safety assessment regarding the child's living conditions as well as an assessment of the caretaker's stability.

Amends existing law to revise the definition of "neglected."

This legislation updates the definition of “neglect” as it pertains to a child. We are choosing to adopt language that more closely resembles the Federal definition of Neglect. The Federal definition requires harm to have occurred. Idaho’s current definition is incredibly vague. Parents and guardians have found themselves being accused of neglect for things as simple as not feeding their child on time or failing to have earlier bedtimes. It is the intent of this legislature to use the word “neglect” when there has been actual neglectful action or inaction by the parent or guardian.

Amends and adds to existing law to provide for a school of origin and school of origin hearing.

This legislation amends the Child Protective Act to prioritize educational stability for children removed from their homes. Recognizing that foster care placement is a time of significant upheaval, the bill establishes a legal presumption that remaining in the same school is in a child’s best interest, encouraging continuity of daily structure and trusted relationships. This legislation upholds parental rights by ensuring a fair hearing process is available in which the Department bears the burden of proof as to why a school change is necessary and reasonable accommodations for continuity cannot be made. This legislation does not inhibit the Department from removing the child from school immediately in emergency situations.