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Committee advances "Benjie's Law," ordering faster safety checks for infants in documented high‑risk cases
Summary
The Senate Health and Welfare Committee voted to send House Bill 776 ("Benjie's Law") to the floor with a due‑pass recommendation. The bill would require the Department of Health and Welfare to verify reported risk factors for infants under 1 within 12 hours and initiate a priority safety check when those factors are confirmed.
The Senate Health and Welfare Committee voted to send House Bill 776, nicknamed "Benjie's Law," to the Senate floor with a due‑pass recommendation after extensive testimony from families, health workers and law enforcement.
Sponsor Senator Tammy Nichols told the committee the measure is "a light yet firm touch" that does not create new grounds for removal but instead requires the Idaho Department of Health and Welfare to prioritize certain newborn safety reports. "This bill...simply says get your eyes on the situation as quickly as possible," Nichols said in closing remarks.
The bill applies when a child protection report concerning an infant under age 1 includes specified risk factors: a parent's identifying information in the Child Protection Central Registry, a conviction for injury to a child, a forcible termination of parental rights by DHW, or evidence of neonatal abstinence syndrome. If a reported risk factor is verified, DHW must initiate a Priority 1 response and verify the report within 12 hours, and — if verified — conduct a safety check or newborn safety review.
Multiple witnesses urged passage. Gabriela Messick, a Nampa hospital social worker, said hospital staff sometimes discharge infants to homes with documented risk and that "a timely safety review can make an enormous difference." Monique Perry, who described herself as an adoptive mother of Benjie's siblings, testified that despite repeated reports, officials did not perform a welfare check on the newborn; she said the infant died roughly 24 hours later.
Law enforcement testimony emphasized coordination. Deputy David Gomez of the Boise County Sheriff's Office told the committee that getting Health and Welfare on scene quickly can help law enforcement assemble the information needed for warrants and interventions when necessary.
Committee members pressed sponsors on definitions and safeguards: senators asked how the central registry is used, what constitutes verification within 12 hours, and whether prior entries remain relevant if a parent later is vindicated. Sponsor Nichols said the bill references existing Idaho code and does not alter authority for warrants or removal; rather it elevates timing for cases already meeting the defined risk factors.
The committee adopted the motion to advance the bill. A roll call was requested and the motion passed. The committee adjourned with plans to meet again the next day.
