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Sen. Tammy Nichols advances update to Idaho Safe Haven law to streamline placement of abandoned infants
Summary
Senator Tammy Nichols presented RS 32140 to clarify procedures under the Idaho Safe Haven Act, requiring the Department of Health and Welfare to keep a list of licensed adoption agencies and to speed placement and tribe notification in applicable cases. The committee voted to send the request to print.
Senator Tammy Nichols (R-10) presented RS 32140 to the Senate Health and Welfare Committee, a proposal that would amend Idaho Code section 39-8202 to update the Safe Haven Act and clarify placement procedures for infants left in designated safe-haven locations.
The legislation would require the Idaho Department of Health and Welfare to maintain a list of licensed adoption agencies for placement of infants left in safe-haven locations and to ensure transfer of custody to a selected agency within 24 hours except in urgent circumstances. If a child requires medical care and an adoptive family is not located within 48 hours, the child would remain in a hospital and the court and prosecutors would be notified for a shelter-care hearing, the sponsor said. The bill also directs immediate notification to a child’s tribe or the Bureau of Indian Affairs when there is reason to believe the child is an Indian child; required notices must be issued within 10 days and the department is to collaborate with tribes on language and policy implementation.
“This legislation amends section 39-8202 of the Idaho code updating the Safe Haven Act to include new definitions and provisions,” Nichols told the committee, adding that the legislation seeks to place abandoned infants with vetted, ready adoptive families and avoid unnecessary foster-care placements.
Nichols told senators the bill does not increase cost to the state general fund or impose new financial burdens on state or local governments. Senator Harris asked what happens now; Nichols replied, “So right now, they would go into the foster care system.” Senator Wintrow asked for data on how many safe-haven boxes exist and whether children have been left in them; Nichols said she will provide that information as part of a fuller presentation at the bill hearing.
After discussion the committee voted to send RS 32140 to print. Senator Keiser moved to send the request to print; Senator Zieterfeld seconded. The vote was taken by voice and recorded as in favor.
If introduced as a bill, RS 32140 would be the vehicle to amend the cited code section, add immediate tribal-notification requirements when ICWA (Indian Child Welfare Act) jurisdiction may apply, and create specific transfer timelines intended to speed placement of infants while preserving medical safeguards and judicial notice when needed.
The sponsor stood for questions and indicated she will present additional materials if the measure receives a formal hearing.
