Adds to existing law to provide for department oversight for residential care facilities, licensing requirements, facility documentation requirements, and the youth bill of rights.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 723 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO CHILD CARE LICENSING; PROVIDING LEGISLATIVE FINDINGS AND IN-2 TENT; AMENDING CHAPTER 12, TITLE 39, IDAHO CODE, BY THE ADDITION OF A3 NEW SECTION 39-1210A, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING4 THE DEPARTMENT'S QUALITY OF CARE OVERSIGHT; AMENDING CHAPTER 12, TI-5 TLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1210B, IDAHO6 CODE, TO ESTABLISH PROVISIONS REGARDING INDIVIDUALIZED SERVICE PLAN-7 NING AND DOCUMENTATION REQUIREMENTS FOR RESIDENTIAL CARE FACILITIES;8 AMENDING CHAPTER 12, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SEC-9 TION 39-1225, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE YOUTH10 BILL OF RIGHTS IN LICENSED CHILDREN'S RESIDENTIAL FACILITIES; AMEND-11 ING CHAPTER 12, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION12 39-1226, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING CRITICAL IN-13 CIDENT REPORTING IN LICENSED CHILDREN'S FACILITIES; AND DECLARING AN14 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.15

Be It Enacted by the Legislature of the State of Idaho:16

SECTION 1. LEGISLATIVE FINDINGS AND INTENT. It is the intent of the Leg-17 islature to protect children in licensed children's residential care facil-18 ities through the creation of the Youth Bill of Rights, enhanced inspection19 and quality care oversight, and comprehensive critical incident report-20 ing. The Legislature finds that all children placed in licensed children's21 residential care facilities are entitled to be treated with dignity, pro-22 tected from harm, and fully informed of their rights. It is the intent of the23 Legislature that the Department of Health and Welfare establish, develop,24 distribute, post, and include an explanation and interpretation of the Youth25 Bill of Rights to ensure children and their families can exercise those26 rights during care and understand how to seek assistance or file complaints27 with the department. The Legislature further finds that Idaho's children28 and youth in licensed residential care facilities, when taking into account29 a child's individual needs, should expect to receive care that is safe, evi-30 dence-based, trauma-informed, and consistent with professional and ethical31 standards. It is the intent of the Legislature for the Department of Health32 and Welfare to establish a comprehensive framework for evaluating quality of33 care, staff competency, family engagement, and resident well-being across34 all licensed facilities, inspections to assess compliance with all appli-35 cable licensing rules and health and safety standards, and full and focused36 surveys to assess adherence to the Youth Bill of Rights.37

SECTION 2. That Chapter 12, Title 39, Idaho Code, be, and the same is38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-39 ignated as Section 39-1210A, Idaho Code, and to read as follows:40

2 39-1210A. QUALITY OF CARE OVERSIGHT -- INSPECTIONS AND INTERVIEWS1 -- LICENSING. (1) The department shall assess the quality of care of all2 licensed children's residential care facilities. To assess the quality of3 care, the department shall:4 (a) Conduct an annual unannounced inspection of each licensed residen-5 tial care facility and additional inspections as warranted by substan-6 tiated complaints, serious incidents, prior deficiencies, significant7 operational changes, or patterns of noncompliance. The annual inspec-8 tion shall include:9 (i) Review of the facility's quality assurance program required10 by the department, including documentation demonstrating its im-11 plementation and effectiveness in meeting residents' individual12 safety needs and service plan. Accreditation reports issued by a13 nationally recognized accrediting organization may be accepted as14 evidence of compliance with this requirement; and15 (ii) Review of the program description to ensure the facility's16 compliance with its approved program description and its capacity17 to serve the specific safety needs of each child.18 (b) Conduct announced and unannounced interviews and surveys with19 children in the facility to identify strengths and weaknesses of the20 program and then integrate the children's feedback into the quality21 improvement and licensing review processes;22 (c) Review adherence to the youth bill of rights; and23 (d) Conduct other activities as it deems appropriate.24 (2) As part of the licensing inspection process, the department shall25 conduct confidential, in-person interviews with a sample representative26 of current residents and facility staff selected exclusively by department27 personnel using an independent and objective process. Facility administra-28 tors or staff shall not participate in the selection of interviewees. The29 department shall document the findings of these interviews and incorporate30 the results into its overall compliance assessment, quality review, and any31 required corrective action plan.32 (3) Findings from inspections and interviews by the department that re-33 veal violations of licensing requirements, the youth bill of rights, docu-34 mentation requirements, or statutory protections shall be grounds for en-35 forcement action, including corrective plans, sanctions, or referral to the36 child abuse reporting hotline or law enforcement as appropriate. Addition-37 ally, upon a finding of a violation, the department shall:38 (a) Complete a critical incident report;39 (b) Uphold standards for interview procedures, documentation, and con-40 fidentiality;41 (c) Maintain the criteria for determining inspection frequency and42 scope; and43 (d) Maintain timelines for follow-up inspections and compliance veri-44 fications.45

SECTION 3. That Chapter 12, Title 39, Idaho Code, be, and the same is46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-47 ignated as Section 39-1210B, Idaho Code, and to read as follows:48

3 39-1210B. INDIVIDUALIZED SERVICE PLANNING AND DOCUMENTATION REQUIRE-1 MENTS FOR RESIDENTIAL CARE FACILITIES. (1) Residential care facilities2 shall document the following information at the time of a child's placement:3 (a) The physical and emotional state of the child upon intake;4 (b) The child's primary diagnosis;5 (c) The nature of the child's problems;6 (d) The child's physical, social, and emotional development and any7 special problems and needs the child may have; and8 (e) Reports on psychological tests, psychiatric examinations, and fol-9 low-up treatment, if obtained.10 (2) The facility shall develop and document an individualized service11 plan for each child. The initial individualized service plan shall be writ-12 ten within thirty (30) days after a child has been admitted to the facility13 and shall include:14 (a) The needs of the child and the child's family;15 (b) The goals for the child and time frames to achieve such goals;16 (c) The services the facility will provide to assure the safety, health,17 and well-being of the child; and18 (d) The criteria for discharge and the projected discharge date.19 (3) The facility shall update the individualized service plan every20 ninety (90) days to document the progress toward achieving the goals refer-21 enced in the initial plan.22 (4) If a child is placed in the facility for less than thirty (30) days,23 the initial service plan shall include, upon admission:24 (a) The immediate needs of the child; and25 (b) The services the facility will provide to assure the safety,26 health, and well-being of the child.27 (5) The facility shall complete a discharge summary written within28 seven (7) days of the discharge of a child, which shall include:29 (a) The date and reason for the child's discharge from the facility;30 (b) The physical, emotional, medical, and educational needs of the31 child; and32 (c) Recommendations for treatment.33

SECTION 4. That Chapter 12, Title 39, Idaho Code, be, and the same is34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-35 ignated as Section 39-1225, Idaho Code, and to read as follows:36 39-1225. YOUTH BILL OF RIGHTS IN LICENSED CHILDREN'S RESIDENTIAL37 FACILITIES. (1) The department shall develop, publish, and periodically38 update a youth bill of rights that applies to all children residing in fa-39 cilities licensed by the department pursuant to this chapter and department40 rules. The youth bill of rights shall include, at a minimum, rights related41 to:42 (a) Physical and emotional safety;43 (b) Access to medical and behavioral health care;44 (c) Communication and visitation with family, legal representatives,45 and advocates;46 (d) Privacy and confidentiality;47 (e) Participation in educational and recreational activities;48 (f) Freedom from abuse, neglect, and unreasonable restraints;49

4 (g) Fair grievance and complaint processes without retaliation; and1 (h) Reporting of concerns or violations to the department.2 (2) The youth bill of rights shall clearly be explained, in plain lan-3 guage appropriate for the child's age and abilities, how to contact the child4 abuse reporting hotline, including the phone number, website, and mailing5 address.6 (3) Each licensed children's residential facility shall:7 (a) Post the youth bill of rights in a prominent, public area of the fa-8 cility accessible to children and visitors;9 (b) Distribute a copy of the youth bill of rights to each child and the10 child's parent or legal guardian at the time of admission and upon re-11 quest thereafter;12 (c) Interpret and explain the youth bill of rights to the child and fam-13 ily in age-appropriate and culturally and linguistically appropriate14 formats, including provision of interpretation services for limited-15 English-proficient and disabled persons as necessary;16 (d) Document that the youth bill of rights has been provided and ex-17 plained, including the date, the recipients' names, and the name of the18 staff member who conducted the explanation;19 (e) Ensure that children are provided with access to private and un-20 monitored communication with the child abuse reporting hotline upon re-21 quest;22 (f) Document compliance with mandated requirements; and23 (g) Adopt processes and procedures for children to confidentially con-24 tact the child abuse reporting hotline and for staff to assist children25 in doing so when requested.26 (4) The department shall develop enforcement mechanisms and penalties27 for noncompliance with this section, including consideration as a licensing28 violation.29 (5) No child or family member may be retaliated against for invoking or30 attempting to exercise any right provided in the youth bill of rights or for31 contacting the child abuse reporting hotline. Retaliation shall constitute32 a licensing violation subject to corrective action and potential sanctions33 determined by the department.34

SECTION 5. That Chapter 12, Title 39, Idaho Code, be, and the same is35 hereby amended by the addition thereto of a NEW SECTION, to be known and des-36 ignated as Section 39-1226, Idaho Code, and to read as follows:37 39-1226. CRITICAL INCIDENT REPORTING IN LICENSED CHILDREN'S FACILI-38 TIES. (1) As used in this section, "critical incident" means any event that39 threatens or significantly impacts the physical or psychological safety,40 health, rights, or well-being of a child in a licensed children's residen-41 tial care facility, including but not limited to:42 (a) The death of a child;43 (b) A suicide attempt or serious self-harm;44 (c) Use of physical restraint, seclusion, or any emergency safety in-45 tervention;46 (d) Denial or unreasonable delay of requested or necessary medical47 care;48

5 (e) Admission to, or transport to or from, a hospital or emergency medi-1 cal facility;2 (f) Any allegation or incident of physical, sexual, or emotional abuse3 or harm;4 (g) Any child detained, charged, or arrested by law enforcement or a5 regulatory agency;6 (h) Any unauthorized absence, runaway, or attempted elopement;7 (i) Any fire, evacuation, or environmental hazard on site;8 (j) Any condition of the facility that poses an immediate threat to9 health or safety; and10 (k) Any other incident designated by the department by rule.11 (2) Each licensed children's residential facility shall:12 (a) Notify the department by close of the next business day of any crit-13 ical incident using the department-approved reporting process;14 (b) Notify the child's parent, legal guardian, or placing agency of the15 incident by close of the next business day, unless prohibited by court16 order or safety concerns documented by the agency; and17 (c) Maintain an internal critical incident log and supporting documen-18 tation, including incident reports, staff notes, and any follow-up or19 investigation records, which shall be made available for review during20 inspections.21 (3) All reports and logs must protect personally identifiable infor-22 mation and comply with applicable state and federal confidentiality laws,23 including the health insurance portability and accountability act and the24 family educational rights and privacy act, as applicable. The department25 shall:26 (a) Maintain and safeguard content of critical incident reports;27 (b) Follow best practices for emergency safety interventions;28 (c) Conduct reviews, follow-up, and data analysis of reported inci-29 dents; and30 (d) Publicize the results with any substantiated findings and enforce-31 ment actions.32 (4) This section shall not be construed to alter any reporting require-33 ments pursuant to section 16-1605, Idaho Code.34

SECTION 6. An emergency existing therefor, which emergency is hereby35 declared to exist, this act shall be in full force and effect on and after36 July 1, 2026.37