Senator introduces changes to Idaho Safe Haven law to streamline placement of abandoned infants

Senator Tammy Nichols of District 10 introduced RS 32140, a draft that would amend Idaho Code section 39-8202 to update the state's Safe Haven procedures for infants left at designated locations.

The legislation would require the Idaho Department of Health and Welfare to maintain a list of licensed adoption agencies for placement of children left under the Safe Haven Act and would direct the department to transfer custody to a selected agency within 24 hours unless urgent medical circumstances exist. If a child requires medical care and no adoptive family is identified within 48 hours, the draft requires the child remain at the hospital while the court and prosecutor are notified for a shelter care hearing. The bill also requires immediate notification to a tribe or the Bureau of Indian Affairs and issuance of required notices within 10 days when there is reason to believe the child is an Indian child and specifies coordination with tribes on language and policy matters related to such cases.

"This legislation amends section 39-8202 of the Idaho Code updating the Safe Haven Act to include new definitions and provisions," Senator Tammy Nichols said. "The goal is to place abandoned children who have been placed in safe haven boxes with vetted, ready and waiting adoptive families, thereby avoiding the need for the children to enter the foster care system."

Nichols told the committee the bill is intended to clarify and streamline existing procedures and does not create a new cost to the general fund or local governments. "The amendments primarily serve to clarify and streamline existing procedures for the placement of abandoned children without adding new financial obligations," she said.

Committee members asked for clarification about current practice and how the bill would change placements. "So right now, they would go into the foster care system," Nichols said in response to Senator Harris. Nichols also agreed to provide additional information about how many Safe Haven boxes exist in Idaho and whether children have been left in them as part of a fuller hearing.

The committee moved to send RS 32140 to print. Senator Keiser moved the motion and Senator Zieterfeld seconded; the motion passed by voice vote.

The bill, as presented, emphasizes faster placement with licensed adoption agencies, federal-Indian-child notifications where applicable and ongoing coordination with tribes and the Department of Health and Welfare to implement the changes if enacted. Further details and statistics about Safe Haven locations and historical placements were not specified in the committee record and have been requested for a future hearing.

The committee did not take a final vote on statutory language; sending the request to print is a procedural step that allows formal introduction and later hearings.

The committee adjourned after additional items on the agenda.