Senate committee advances bill to speed adoptive placement for Safe Haven newborns

The Idaho Senate Health and Welfare Committee voted to send Senate Bill 1058 to the Senate floor with a "do pass" recommendation after testimony from adoptive-agency representatives, tribal officials and foster parents about how the bill would change placement steps for newborns surrendered under Idaho's Safe Haven law.

Senator Tammy Nichols, sponsor of SB 1058, said the bill updates Idaho Code to ensure newborns surrendered at licensed hospitals, fire stations or law enforcement facilities can be placed more quickly with vetted, licensed adoption agencies. "This bill requires that the custody of the child be transferred to the selective adoption agency within 24 hours of the child being surrendered unless there's certain circumstances that exist such as medical care," Nichols said, and added that if a child requires further medical care and no adoptive family is found within 48 hours the child will remain in a hospital and a shelter care hearing will be triggered.

The bill would also require the Department of Health and Welfare to maintain a list of licensed adoption agencies to facilitate faster placement and contains provisions to ensure compliance with the federal Indian Child Welfare Act (ICWA). Sponsor Nichols said the measure was developed in consultation with tribes and the Department of Health and Welfare.

Kara Walsh, a licensed social worker with New Beginning adoption agency, testified the change would reduce transitions for newborns and that Idaho agencies operate 24/7 pregnancy crisis lines and are prepared to handle placements. Terry Marcroft of Unplanned Good and several tribal representatives, including Tyrell Stevenson and Blake Hude, told the committee they support the bill and that its language aligns with tribal concerns and federal ICWA requirements.

A foster mother who adopted a baby surrendered under Idaho's Safe Haven law, Whitney Wunderlich, testified in opposition or with caution. She said her family's experience adopting a surrendered newborn through the foster-care system "worked well" and raised concerns that placing newborns directly with adoptive families could place babies with adoptive parents who have not had the foster-parent training that prepares families for unknown medical or behavioral issues. "I disagree with this bill because it would place vulnerable babies with potentially complex unknown medical and behavioral conditions with adoptive parents that would not likely have the same required training and experience of Idaho foster parents," Wunderlich told the committee.

Tribal representatives and the Department of Health and Welfare worked on language to clarify ICWA notice timing and procedures. Testimony noted that if there is reason to believe an abandoned child is an Indian child, ICWA notifications must follow and that notices required by ICWA must be issued within 10 days under the bill's provisions.

During debate, Senator Wintrow said she would likely oppose the bill on principle, citing concern about normalizing anonymous surrender and the possibility of coercion. "Why would somebody abandon a child and or could somebody be coerced? We don't know all the circumstances of how a baby got there," she said.

Senator Keiser moved that the committee send SB 1058 to the Senate floor with a do-pass recommendation; Senator Beierke seconded. The motion carried by voice vote and the bill was reported to the floor.

Votes at a glance: Senate Bill 1058 — motion to send to the Senate floor with a do-pass recommendation; mover: Senator Keiser; second: Senator Beierke; outcome: approved by committee voice vote (no roll call recorded).