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Committee approves print for change to juvenile hearing requirement aimed at shortening time in state custody
Summary
The committee voted to send RS31804C1 to print; the proposal would amend the statute interpreted by the Idaho Supreme Court to eliminate a court-ruled requirement for an additional hearing in some juvenile-custody proceedings, with the sponsor arguing it would reduce time in state custody and increase permanency.
The Senate Health and Welfare Committee voted to send RS31804C1 to print, a measure presented by Jared Larson of the Department of Health and Welfare that would amend statutory language in the juvenile-code section the department said was read by the Idaho Supreme Court to require an additional hearing for youth in the department's custody.
Jared Larson, Legislative and Regulatory Affairs Chief with the Idaho Department of Health and Welfare, told the committee the change is intended to "restore the status quo ante" that existed before a judicial interpretation led to an additional required hearing in certain custody matters. Larson said the extra hearing has added an average of two to four months to the time youth remain in state custody under the court calendar and that Idaho's average time in custody (discussed in the presentation as about 24 months) exceeds national averages (Larson cited a national average figure of 19 months during his remarks).
Larson said the proposed change focuses on Idaho Code section 16-2005 (presentation referenced subsection 8) and that the department supports removing the requirement so the department's permanency efforts are not delayed by what the department regards as a superfluous hearing—"even when parents have stipulated that they would terminate their parental rights," Larson told the committee.
Senator Wintrow said she supported sending the RS to print but urged that the department bring experts to the hearing to explain the practical effects and how the change would balance parental rights with children's interest in permanency. Senator Harris seconded the motion to send the RS to print; the committee approved the motion by voice vote.
Next steps: The RS will be printed and scheduled for a full hearing where the department indicated it will present experts and additional information to explain case examples and expected effects on time to permanency.
