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Committee sends request to print to remove additional hearing requirement in juvenile-custody statute
Summary
The Department of Health and Welfare presented RS31804C1 to reverse a recent Idaho Supreme Court interpretation that required an additional hearing for youth in the department's custody; the committee voted to send the request to print.
Jared Larson, Legislative and Regulatory Affairs Chief for the Idaho Department of Health and Welfare, explained RS31804C1 would amend the juvenile proceedings statute — specifically Idaho Code section 16-2005(8) — to restore the prior statutory interpretation and remove a court-imposed additional hearing requirement for youth in the department’s custody.
Larson told the committee the Idaho Supreme Court’s interpretation had required an additional hearing that, based on court calendars, typically added two to four months to the time youth remain in state custody. The department said restoring the prior text would help it pursue permanency for children more quickly.
Senator Wintrow said she supports printing the request and asked the department to bring subject-matter experts to a formal hearing so the committee could balance parental rights and permanency concerns. Larson agreed the department would bring experts and noted Senator Shippey’s involvement in drafting the change.
Senator Wintrow moved to send RS31804C1 to print; Senator Harris seconded. The motion carried by voice vote. The committee did not adopt statutory language at the meeting; the print motion initiates a hearing where experts and stakeholders can testify.
