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Panel backs bill allowing birth parents to use adoption-related funds for counseling
Summary
Senate Bill 1104 clarifies that counseling services count as reimbursable medical costs under the existing $2,000 cap for birth-parent expenses in adoption cases and requires birth parents be informed of the availability of legal advice and counseling.
The Senate Judiciary and Rules Committee voted to send Senate Bill 1104 to the Senate floor with a due pass recommendation. The sponsor, Senator Tammy Nichols (District 10), said the bill clarifies that counseling services — specifically pre-placement counseling and up to six post-placement sessions — fall within the $2,000 cap that already exists in Idaho law for reimbursable birth-parent expenses.
Nichols told the committee the change does not make counseling mandatory but ensures birth parents will be informed that "legal advice and counseling services are available to them." Teresa Marcroft, who testified for the advocacy group Unplanned Good, said codifying that right helps ensure the birth parent is informed and better supported during a difficult process. "Letting her know that she can have her own attorney is one of the things that we're striving for here," Marcroft said, adding that many states already codify or mandate similar notifications.
Senator Lent moved to send SB 1104 to the floor with a due pass recommendation; Senator Ricks seconded the motion. The chair called for a voice vote and announced the motion carried.
Why it matters: The bill clarifies statutory language so birth parents know counseling and independent legal advice are available and count within the statutory reimbursement cap, without creating a mandate. Advocates argued the clarification reduces conflicts of interest and supports better outcomes for children by ensuring birth parents receive information and support.
Next steps: SB 1104 will proceed to the Senate floor for consideration.
