Adds to existing law to provide for a notice of safety-related rights for foster children.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 724 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO FOSTER CARE; PROVIDING LEGISLATIVE INTENT; AMENDING CHAPTER2 12, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 39-1212,3 IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING FOSTER CHILD SAFETY; AND4 DECLARING AN EMERGENCY.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature finds that7 children in foster care are among the most vulnerable individuals under the8 care and supervision of the Idaho Department of Health and Welfare. It is9 the intent of the Legislature to ensure their safety, health, and welfare by10 articulating certain protections guaranteed to such children. It is further11 the intent of the Legislature that this act govern the treatment and safety12 of children while in the care or custody of the state and not be construed to13 expand general government authority or diminish parental rights beyond what14 is necessary to ensure the safety, health, and welfare of the child.15

SECTION 2. That Chapter 12, Title 39, Idaho Code, be, and the same is16 hereby amended by the addition thereto of a NEW SECTION, to be known and des-17 ignated as Section 39-1212, Idaho Code, and to read as follows:18 39-1212. FOSTER CHILD SAFETY. (1) All children placed in foster care19 shall have the following safety-related rights:20 (a) The right to reside in a safe and healthy environment;21 (b) The freedom from physical, sexual, emotional, or other abuse. This22 includes the freedom to be placed away from other children, siblings, or23 individuals known to pose a credible threat of physical or sexual abuse24 to the foster child, either because of the foster child's own risk fac-25 tors or those of the other children, siblings, or individuals;26 (c) The right to timely and appropriate medical assessments and foren-27 sic testing when a child discloses sexual abuse to a mandatory reporter,28 consistent with applicable Idaho law and mandatory reporting require-29 ments;30 (d) The right to adequate and appropriate basic essentials, including31 food, shelter, clothing, and personal necessities;32 (e) The right to limit, restrict, suspend, or deny visitation by court33 order because visitation would be contrary to the safety and well-being34 of the child. Substantiated safety concerns shall be considered by the35 court to limit, restrict, suspend, or deny visitation. The court may36 consider any relevant factors, including:37 (i) Safety and risk assessments;38 (ii) Placement and supervision decisions;39 (iii) Protective plans;40

2 (iv) Medical, behavioral health, and developmental evaluations;1 and2 (v) Reunification plans and case plans; and3 (f) The right to reasonable consideration of the child's safety during4 transitions between foster care placements when practicable and con-5 sistent with the safety of the child. Nothing in this paragraph shall6 be construed to delay an emergency placement or supersede a court order7 or immediate safety determination. In evaluating safety, the court may8 consider factors relevant to the child's circumstances, including age,9 developmental needs, emotional or behavioral health, prior trauma, and10 the reasons for the placement change.11 (2) The department shall develop a written notice of, at a minimum, the12 rights enumerated in this section. The department shall provide each child13 with such written notice at the time of initial placement in foster care,14 at each placement change, and at least annually. Foster homes licensed by15 the department shall post the notice in a place where children have access.16 Failure to provide or post such notice shall not, by itself, create a cause of17 action or constitute a violation of law.18 (3) The rights in this section are a broad expression of the rights of19 children in foster care, are not exhaustive, and shall be interpreted and ap-20 plied consistent with the best interests of the child.21 (4) Nothing in this section shall be construed to expand the author-22 ity of the state or the department beyond that which is otherwise provided by23 law or be construed to create a private cause of action or a cause of action24 against the state, the judiciary, the department, or any employee, agent, or25 contractor thereof. Implementation of this section shall occur through ex-26 isting court proceedings and department processes and shall not require new27 enforcement mechanisms, agencies, reporting structures, or appropriations.28 (5) Alleged violations of the rights enumerated in this section may be29 raised within the child's ongoing juvenile proceeding pursuant to chapter30 16, title 16, Idaho Code, by the child's attorney, guardian ad litem, court-31 appointed special advocate, the department, or another party to the proceed-32 ing already granted standing under existing Idaho law or by a foster par-33 ent through any of the aforementioned. Reports or information submitted by34 a mandatory reporter pursuant to Idaho law may be brought to the attention35 of the court through any such party and considered by the court in determin-36 ing whether a violation of these rights has occurred. Upon such notice, the37 court shall consider the allegation and may, within its discretion, order38 appropriate remedies within the juvenile proceeding to promote the safety39 and welfare of the child. Nothing in this subsection shall be construed to40 require the initiation of a separate action or to expand the jurisdiction of41 the court beyond existing law. Relief under this subsection shall be limited42 to corrective orders within the juvenile proceeding pursuant to chapter 16,43 title 16, Idaho Code.44 (6) The department shall make reasonable efforts to ensure that all45 reports received pursuant to mandatory reporting laws related to a child46 subject to a juvenile proceeding pursuant to chapter 16, title 16, Idaho47 Code, are documented and made available for consideration by the court48 within that proceeding in a manner consistent with existing confidential-49 ity, evidentiary, and due process requirements.50

3 (7) Nothing in this section shall be construed to limit the ability of a1 child, the child's representative, a foster parent, or a party to the juve-2 nile proceeding pursuant to chapter 16, title 16, Idaho Code, to contact the3 health and social services ombudsman regarding concerns related to the im-4 plementation of this section. Any review or recommendation by the health and5 social services ombudsman shall be advisory in nature and shall not create a6 cause of action or alter the authority of the court or the department.7

SECTION 3. An emergency existing therefor, which emergency is hereby8 declared to exist, this act shall be in full force and effect on and after its9 passage and approval.10