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Department seeks rule change to reverse court-mandated extra hearing in juvenile custody cases; committee prints RS31804C1
Summary
The Department of Health and Welfare asked the Senate committee to send RS31804C1 to print to restore the prior interpretation of Idaho Code §16‑2005(8) and remove an additional hearing requirement that the Idaho Supreme Court read into the statute; presenters said the extra hearing adds about 2–4 months to custody timelines.
The Senate Health and Welfare Committee voted to send RS31804C1 to print after a presentation from Jared Larson, Legislative and Regulatory Affairs Chief at the Idaho Department of Health and Welfare. Larson said the RS is intended to amend statutory language in section 16 (presented as §16‑2005(8) in the hearing) to undo an Idaho Supreme Court interpretation that requires an additional hearing for youth in the department’s custody.
Larson said the court’s reading effectively compelled an extra hearing and that restoring the "status quo ante" would eliminate the requirement. He told the committee that the additional hearing increases time in state custody by roughly two to four months, and that Idaho’s average time in custody is about 24 months compared with a national average he cited as about 19 months.
"What this change desires to do is to restore the status quo ante before that judicial opinion so that additional hearing is not required to be held," Larson said. He said the Department would bring experts to a full hearing to explain the mechanics and policy implications.
Sen. Wintrow moved to send RS31804C1 to print and asked the department to bring experts at hearing; Senator Harris seconded. The motion carried on a voice vote.
Why it matters: Department and committee members framed the change as a way to speed permanency for children in state custody by removing a hearing they described as unnecessary even in cases where parents had stipulated to termination of parental rights. Larson thanked Sen. Shippey for help in drafting and presenting the RS.
What’s next: RS31804C1 will be printed and scheduled for a formal hearing where the department will present evidence and expert witnesses.
