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Committee approves sending RS to alter juvenile-court hearing requirement aimed at faster permanency for children

2370000 · January 22, 2025
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Summary

Department of Health and Welfare-backed RS31804C1 would reverse a recent Idaho Supreme Court interpretation that required an additional hearing in certain juvenile proceedings; committee sent the RS to print.

Jared Larson, Legislative and Regulatory Affairs Chief for the Idaho Department of Health and Welfare, presented RS31804C1, which the department framed as a change to a subsection of Idaho juvenile code interpreted by the Idaho Supreme Court to require an additional hearing for youth in the department's custody.

Larson told the committee the Supreme Court interpretation compelled an extra hearing that extends the time youth remain in state custody and that the department wants to restore the prior practice so permanency for children can be reached sooner. "What this change desires to do is to restore the status quo ante before that judicial opinion so that additional hearing is not required to be held," Larson said. He said the additional hearing has added roughly two to four months on average to time in custody and that Idaho's average time in custody was about 24 months compared with a national average of about 19 months, figures he cited during the presentation.

Sen. Wintrow said she supported moving the RS to print and urged the department to bring experts to the bill hearing to explain tradeoffs between parental rights and permanency for children; Larson agreed and said department staff would bring experts and that Sen. Shippey had worked on the RS.

Sen. Wintrow moved to send RS31804C1 to print; Sen. Harris seconded. The motion passed on a voice vote. The department requested a future hearing with additional experts to discuss details and outcomes.

The transcript records no roll-call tallies; the motion passed by voice vote. Committee members emphasized the need for more expert testimony at the formal hearing to weigh parental-rights considerations against efforts to shorten time in custody.