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Committee sends to print proposal to reverse court‑created hearing requirement for youth in state custody
Summary
The Department of Health and Welfare presented RS31804C1 to restore the prior reading of Idaho Code §16‑2005(8), reversing a state Supreme Court interpretation that added an extra hearing requirement for youths in the department's custody; the committee voted to send the RS to print.
Jared Larson, Legislative and Regulatory Affairs Chief with the Idaho Department of Health and Welfare, told the Senate Health and Welfare Committee that RS31804C1 would amend Idaho Code §16‑2005(8) to restore the prior statutory reading that the department said was altered by a recent Idaho Supreme Court interpretation.
Larson said the court's interpretation had been read to require an additional hearing for youth in the department's custody, which the department said adds on average two to four months to a child's time in state custody and contributes to a local average of roughly 24 months in custody compared with a national average near 19 months. The RS, Larson said, is intended to "restore the status quo ante before that judicial opinion so that [the] additional hearing is not required to be held."
Committee members supported further development of the RS and requested expert witnesses at a future hearing to explain the practice and impacts; Senator Wintrow said she supported moving the bill to print and urged the department to bring experts to flesh out details balancing parental rights and permanency for children.
Senator Wintrow moved to send RS31804C1 to print; Senator Harris seconded. The motion passed on a voice vote.
Why it matters: The RS would change court procedure by removing a hearing the Idaho Supreme Court read into §16‑2005(8), according to the department, with the stated goal of reducing time to permanency for children in state custody. The department told the committee it would make witnesses available to explain the effect.
Next steps: RS31804C1 was sent to print; the department will bring experts to forthcoming hearings to discuss specific cases and explain anticipated impacts if the statutory change is adopted.
Votes at a glance: Motion to send RS31804C1 to print — mover: Senator Wintrow; second: Senator Harris; outcome: approved (voice vote).
