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Committee advances bill to require 14-day director review of unlicensed congregate foster placements

3274890 · February 4, 2025
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Summary

Senate Bill 1035, presented by Sen. Michelle Wintrow, would require the Department of Health and Welfare director to review placements of foster children in unlicensed congregate-care settings every 14 days and to approve or direct new placement if the setting is inappropriate.

Senator Michelle Wintrow presented Senate Bill 1035 to the Senate Health and Welfare Committee, describing it as a follow-up to 2024 reforms that restricted placements of foster children in unregulated congregate settings such as short-term rentals and hotels.

“As you recall from the print hearing, a little bit of context for this bill is Idaho Code 16-1619(b) is where we have some restrictions that exist for congregate care,” Wintrow said. She said the Legislature passed Senate Bill 1379 in 2024, which took effect July 1 and sought to halt placements of foster children in Airbnbs and other unregulated settings. Wintrow said the new measure would build on those reforms to ensure licensed facilities can meet children’s needs and to clarify the director’s role in reviewing and approving congregate placements.

Under the bill as presented, when a child is placed in an unlicensed group-care setting (including short-term rentals), the director must review the placement every 14 days and assess the child’s safety, treatment needs, facility services, treatment plan, overall progress, discharge plan and progress toward discharge. If the director finds the placement meets the child’s needs, the director approves it; if the placement is inappropriate, the director must find a new appropriate placement.

Wintrow told the committee that the bill reflects collaborative work with providers and the Department of Health and Welfare. She said the 2024 reforms addressed a crisis in which an estimated 75 foster children were placed in short-term rentals in 2024, including children under age 2; she said the department has since reported there are no children in Airbnbs.

Craig Anderson, owner and operator of Hinge Point Youth Homes, testified remotely and said he helped draft the revised language and that providers and the department reached unanimous agreement on the presented wording. “The language that is before you was unanimously agreed to by the providers that were involved by the department, as well as other organizations,” Anderson said.

Bridal Shipley of Hailey testified in support, urging timely assessments and community-based treatment to reduce institutionalization.

Committee members asked operational questions. Senator Zieterfeld asked whether the 14-day review requirement would force the department to hire additional staff; Wintrow replied that the prior year’s legislation increased workload but did not result in additional staff and that the department has emphasized recruitment of foster homes to reduce reliance on congregate placements. Wintrow also noted concerns from residential-treatment providers that reporting requirements should not pull staff away from direct treatment of children.

After testimony the committee voted to send Senate Bill 1035 to the floor with a due-pass recommendation. Senator Blaylock moved the action and Senator Burkey seconded. The vote was taken by voice and recorded as in favor.