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Committee backs bill to allow simultaneous adoptions in child-welfare cases

2520840 · February 5, 2025
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Summary

Committee voted to send Senate Bill 10-21 to the floor with a due-pass recommendation. The bill would allow simultaneous terminations and adoptions in certain child-welfare cases to shorten the time to permanency; sponsors said the change implements practice prior to a 2020 Idaho Supreme Court interpretation.

Boise — The Senate Judiciary and Rules Committee on Wednesday voted to send Senate Bill 10-21 to the Senate floor with a due-pass recommendation. The measure would permit the Department of Health and Welfare to pursue “simultaneous adoptions” — terminating parental rights and finalizing an adoption at the same proceeding — in cases where a parent has agreed to relinquish parental rights.

Jared Larson, Legislative and Regulatory Affairs Chief at the Idaho Department of Health and Welfare, told the committee the department’s goal is to reduce the time children spend in foster care before achieving permanency through reunification or adoption. “Idaho’s a national outlier and not in a good way on this. We average a little over 21 months until we get to permanency,” Larson said, adding that the national average is a little over 16 months and that state law sets a procedural minimum of about 15 months in some cases.

Larson framed the bill as a narrow fix to statutory language in Idaho Code (chapter 16, section 2005(5)) that was interpreted by a 2020 Idaho Supreme Court opinion to bar simultaneous adoptions. He said restoring the pre-2020 practice would affect a relatively small number of cases but could shorten some children’s time to permanency.

Sen. Ricks moved to send SB 10-21 to the floor with a due-pass recommendation; Sen. Wintrow seconded. The motion passed by voice vote with no recorded opposition.

The measure received no public testimony at the committee hearing. The sponsor and committee members emphasized balancing parental rights with speedy permanency for children in foster care.

With the committee’s due-pass recommendation, SB 10-21 will proceed to the full Senate for further consideration.