Adds to existing law to provide for safety checks for children under one year of age.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 776 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO NEWBORN SAFETY REVIEW; PROVIDING LEGISLATIVE INTENT; AMEND-2 ING CHAPTER 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION3 16-1650, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING NEWBORN SAFETY4 REVIEW; AND DECLARING AN EMERGENCY.5

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

SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to7 protect infants and children from abuse, neglect, and sexual exploitation8 by requiring an expedited child protection safety review of children less9 than one year of age when parents, guardians, or legal custodians have a10 history of child abuse, sexual offenses, or prior termination of parental11 rights due to abuse or neglect. Infants are uniquely vulnerable and may suf-12 fer irreparable harm when safety concerns are not identified and addressed13 immediately. It is the intent of the Legislature to ensure timely safety14 verification and appropriate planning for children born into high-risk cir-15 cumstances.16

SECTION 2. That Chapter 16, Title 16, Idaho Code, be, and the same is17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-18 ignated as Section 16-1650, Idaho Code, and to read as follows:19 16-1650. NEWBORN SAFETY REVIEW. (1) Any report made to the department20 by a mandatory reporter pursuant to section 16-1605, Idaho Code, alleging a21 parent, guardian, or legal custodian is a caregiver to a child that is less22 than one (1) year of age and has a risk factor described in subsection (2)23 of this section, the department shall verify the reported risk factor within24 twelve (12) hours of receiving the report. If the reported risk factor is25 verified, the department shall initiate a priority I response, as defined by26 the department, and shall complete a full written safety assessment.27 (2) Risk factors that require action by the department pursuant to sub-28 section (1) of this section are as follows:29 (a) A parent, guardian, or legal custodian's identifying information30 appears in the department's child protection central registry going31 back no more than ten (10) years;32 (b) A parent, guardian, or legal custodian has been convicted of injury33 to a child pursuant to section 18-1501, Idaho Code;34 (c) A parent, guardian, or legal custodian's parental rights were ter-35 minated in a proceeding pursuant to this chapter; or36 (d) A parent, guardian, or legal custodian's child was born with neona-37 tal abstinence syndrome.38 (3) For the purposes of this section, "verify" means use of the depart-39 ment's internal records to substantiate termination of parental rights and,40 when possible, the use of official, public-facing repositories of Idaho41

2 criminal or medical records in order to confirm the existence of a reported1 risk factor.2 (4) The department's safety assessment shall include:3 (a) The current compliance of each parent, guardian, or legal custodian4 with court-ordered conditions, treatment, or supervision related to a5 prior offense, insofar as can be determined;6 (b) The child's living environment with the parent, guardian, legal7 custodian, or caregiver and other household members; and8 (c) A summary of the department's prior investigation of allegations9 of child abuse, abandonment, or neglect pertaining to members of the10 household and any services provided to members of the household by the11 division for youth safety and permanency at the department.12 (5) When a law enforcement agency makes a report to the department pur-13 suant to section 16-1605, Idaho Code, such report shall include any known or14 reported risk factors described in subsection (2) of this section.15 (6) Nothing in this section shall be construed to create a presumption16 of abuse or neglect based solely on a medical condition, diagnosis, or indi-17 cator.18 (7) If the department concludes that verification of a risk factor19 described in subsection (2) of this section cannot be accomplished within20 twelve (12) hours or if the department concludes that public safety would21 be better served by immediately escalating the response, the department may22 initiate a priority I response instead of making continued efforts to ver-23 ify the risk factors and shall prepare a safety assessment as set forth in24 subsection (4) of this section, notwithstanding the lack of a verified risk25 factor.26

SECTION 3. An emergency existing therefor, which emergency is hereby27 declared to exist, this act shall be in full force and effect on and after its28 passage and approval.29