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Bill to reverse Idaho Supreme Court reading that added juvenile‑custody hearing sent to print
Summary
Jared Larson of the Department of Health and Welfare presented RS31804C1, asking the committee to restore the pre‑existing statutory reading of Idaho Code 16‑2005(8) so the department would no longer be required to hold an additional hearing in certain juvenile custody/adoption proceedings; committee voted to send to print.
Jared Larson, Legislative and Regulatory Affairs Chief at the Idaho Department of Health and Welfare, presented RS31804C1 to the Senate Health and Welfare Committee. Larson said the RS is narrowly focused on subsection 8 of Idaho Code section 16‑2005 and is intended to reverse a prior Idaho Supreme Court interpretation that the department says has compelled an additional hearing in juvenile custody cases.
Larson told the committee the extra hearing ‘‘on average adds two to four months based on the court's calendar'' to how long a youth remains in state custody; he said the department's goal is to move children to permanency sooner and that restoring the status quo ante would avoid what the department believes is a superfluous hearing. Larson also said the provision had been interpreted to require the additional hearing even when parents stipulated to termination of parental rights.
Sen. Wintrow said she supported sending the RS to print and urged that the department bring experts to the full hearing to explain the issue and help the committee balance parental rights and permanency for children. The committee voted to send RS31804C1 to print on a voice vote; Senator Wintrow made the motion and Senator Harris seconded.
Larson said the department would bring additional experts at the hearing to explain case examples and the anticipated effect on time to permanency.
