Amends and adds to existing law to establish provisions regarding foster care placement.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1266 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO FOSTER CARE PLACEMENT; AMENDING SECTION 16-1622, IDAHO CODE, TO2 REVISE PROVISIONS REGARDING PARENTAL RIGHTS AND EXTENDED FOSTER CARE3 ORDERS; AMENDING SECTION 16-2002, IDAHO CODE, TO REVISE A DEFINITION;4 AMENDING SECTION 39-1202, IDAHO CODE, TO REVISE DEFINITIONS AND TO5 DEFINE A TERM; AMENDING SECTION 39-1211A, IDAHO CODE, TO REVISE PROVI-6 SIONS REGARDING PLACEMENT OF CHILDREN; AND DECLARING AN EMERGENCY AND7 PROVIDING AN EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 16-1622, Idaho Code, be, and the same is hereby10 amended to read as follows:11 16-1622. REVIEW HEARINGS -- STATUS HEARINGS -- ANNUAL PERMANENCY12 HEARINGS. (1) Review hearing.13 (a) A hearing for review of the child's case and permanency plan shall14 be held no later than six (6) months after entry of the court's order15 taking jurisdiction under this act and every two (2) months thereafter.16 The department and the guardian ad litem shall file reports to the court17 no later than five (5) days prior to the two (2) month review hearing.18 The purpose of the review hearing is:19 (i) To determine:20 1. The safety of the child;21 2. The continuing necessity for and appropriateness of the22 placement;23 3. The extent of compliance with the case plan; and24 4. The extent of progress that has been made toward alle-25 viating or mitigating the causes necessitating placement in26 foster care;27 (ii) To determine or continue to investigate whether the child is28 an Indian child. If there is reason to believe that the child is an29 Indian child and there has not been a final determination regard-30 ing the child's status as an Indian child:31 1. The department shall document and the court shall inquire32 about the efforts that have been made since the last hearing33 to determine whether the child is an Indian child; and34 2. The department shall document and the court shall de-35 termine that the department is using active efforts to work36 with all tribes of which the child may be a member to verify37 whether the child is a member or eligible for membership;38 (iii) To inquire regarding the child's educational stability. The39 department shall document and the court shall inquire as to the ef-40 forts made to ensure educational stability for the child, includ-41 ing the efforts made to keep the child in the school in which the42

2 child is enrolled at the time of placement or the reason that re-1 maining in the school is not in the child's best interests;2 (iv) To inquire regarding sibling placement. The department3 shall document and the court shall inquire whether siblings were4 placed together or, if siblings were not placed together, the5 efforts made to place siblings together, the reasons why sib-6 lings were not placed together, and a plan for ensuring frequent7 visitation or ongoing interaction between the siblings, unless8 visitation or ongoing interaction would be contrary to the safety9 or well-being of one (1) or more of the siblings;10 (v) To inquire regarding permanency. The court shall ask each11 youth age twelve (12) years and older about his desired permanency12 outcome and discuss with the youth his current permanency plan.13 For a youth age fourteen (14) years and older, the hearing shall14 include a review of the services needed to assist the youth to make15 the transition from foster care to successful adulthood;16 (vi) To document efforts related to the reasonable and prudent17 parent standard. For a youth whose permanency goal is another18 planned permanent living arrangement, the department shall docu-19 ment:20 1. That the youth's foster parents or child care institution21 is following the reasonable and prudent parent standard when22 deciding whether the child may participate in extracurricu-23 lar, enrichment, cultural and social activities; and24 2. The regular, ongoing opportunities to engage in age- or25 developmentally appropriate activities that have been pro-26 vided to the youth;27 (vii) To document efforts made to find a permanent placement other28 than another planned permanent living arrangement. For a youth29 whose permanency goal is another planned permanent living ar-30 rangement, the department shall document:31 1. The intensive, ongoing, and, as of the date of the hear-32 ing, unsuccessful efforts made to place the youth with a par-33 ent, in an adoptive placement, in a guardianship, or in the34 legal custody of the department in a placement with a fit and35 willing relative, including an adult sibling; and36 2. Why another planned permanent living arrangement is the37 best permanency plan for the youth and a compelling reason38 why, as of the date of the review hearing, it would not be in39 the best interest of the child to be placed permanently with40 a parent, in an adoptive placement, in a guardianship, or in41 the legal custody of the department in a placement with a fit42 and willing relative, including an adult sibling;43 (viii) To make findings regarding a permanency goal of another44 planned permanent living arrangement. For youth whose permanency45 goal is another planned permanent living arrangement, the court46 shall make written, case-specific findings, as of the date of the47 hearing, that:48 1. Another planned permanent living arrangement is the best49 permanency goal for the youth; and50

3 2. There are compelling reasons why it is not in the best in-1 terest of the youth to be placed permanently with a parent,2 in an adoptive placement, in a guardianship, or in the legal3 custody of the department in a placement with a fit and will-4 ing relative, including an adult sibling;5 (ix) To document and inquire regarding psychotropic medication.6 At each review hearing, if the child is being treated with psy-7 chotropic medication, these additional requirements shall apply:8 1. The department shall report to the court the medication9 and dosage prescribed for the child and the medical profes-10 sional who prescribed the medication; and11 2. The court shall inquire as to, and may make any additional12 inquiry relevant to, the use of psychotropic medication; and13 (x) To project, when reasonable, a likely date by which the child14 may be safely returned to and maintained in the home or placed in15 another permanent placement.16 (b) A status hearing is a review hearing that does not address all or17 most of the purposes identified in paragraph (a) of this subsection and18 may be held at the discretion of the court. Neither the department nor19 the guardian ad litem is required to file a report with the court prior20 to a status hearing, unless ordered otherwise by the court.21 (c) A motion for revocation or modification of an order issued un-22 der section 16-1619, Idaho Code, may be filed by the department or any23 party; provided that no motion may be filed by the respondents under24 this section within three (3) months of a prior hearing on care and25 placement of the child. Notice of a motion for review of a child's case26 shall be provided to the parents and other legal guardians, the prose-27 cuting attorney or deputy attorney general, the guardian ad litem, the28 attorney for the child, the department and foster parents.29 (d) If the motion filed under paragraph (c) of this subsection alleges30 that the child's best interests are no longer served by carrying out the31 order issued under section 16-1619, Idaho Code, or that the department32 or other authorized agency has failed to provide adequate care for the33 child, the court shall hold a hearing on the motion.34 (e) The department or authorized agency may move the court at any time35 to vacate any order placing a child in its custody or under its protec-36 tive supervision.37 (2) Permanency plan and hearing.38 (a) The permanency plan shall include a permanency goal. The per-39 manency goal may be one (1) of the following: continued efforts at40 reunification, in the absence of a judicial determination of aggra-41 vated circumstances; or termination of parental rights and adoption,42 guardianship or, for youth age sixteen (16) years and older only, an-43 other planned permanent living arrangement. Every permanency plan44 shall include the information set forth in section 16-1621(3)(a) and45 (b), Idaho Code. If the permanency plan has reunification as a per-46 manency goal, the plan shall include information set forth in section47 16-1621(3)(c), Idaho Code; however, if the circumstances that caused48 the child to be placed into protective custody resulted in a conviction49 for lewd and lascivious conduct or felony injury to a child, if the child50

4 has been in protective custody for more than six (6) months, or if a1 high risk of repeat maltreatment or reentry into foster care exists due2 to a parent's recent completion of substance abuse treatment or other3 compelling circumstances, then the permanency plan shall include a4 period of protective supervision or trial home visit period of no less5 than ninety (90) days prior to the court vacating the case. During the6 protective supervision or trial home visit period, the department shall7 make regular home visits. During the protective supervision or trial8 home visit period, the court shall hold one (1) or more review hearings9 for each permanency plan where a period of protective supervision or a10 trial home visit has been imposed and may require participation in sup-11 portive services, including community home visiting and peer-to-peer12 mentoring. Families reunified following a period of protective super-13 vision or a trial home visit should be encouraged by the department or14 the court to continue to participate in supportive services when ben-15 eficial and appropriate. If the permanency plan has a permanency goal16 other than reunification, the plan shall include the information set17 forth in section 16-1621(3)(d), Idaho Code, and if the permanency goal18 is termination of parental rights and adoption, then in addition to the19 information set forth in section 16-1620(3), Idaho Code, the permanency20 plan shall also name the proposed adoptive parents when known. If the21 adoptive parents are not known at the time the permanency plan is pre-22 pared, then the department shall amend the plan to name the proposed23 adoptive parents as soon as such person or persons become known. The24 court may approve a permanency plan that includes a primary goal and a25 concurrent goal. As used in this paragraph, "trial home visit" means26 that a child is returned to the care of the parent or guardian from whom27 the child was removed with the department continuing to have legal cus-28 tody of the child.29 (b) A permanency hearing shall be held no later than twelve (12) months30 from the date the child is removed from the home or the date of the31 court's order taking jurisdiction under this chapter, whichever occurs32 first, and at least every twelve (12) months thereafter, as long as the33 court has jurisdiction over the child. The court shall approve, reject34 or modify the permanency plan of the department and review progress in35 accomplishing the permanency goal. The permanency plan, as approved by36 the court, shall be entered into the record as an order of the court. A37 permanency hearing may be held at any time and may be combined with the38 review hearing required under subsection (1) of this section.39 (c) The court shall make written, case-specific findings whether the40 department made reasonable efforts to finalize the primary permanency41 goal in effect for the child. Lack of reasonable efforts to reunify may42 be a basis for an order approving a permanency plan with a permanency43 goal of reunification.44 (d) Where the permanency goal is not reunification, the hearing shall45 include a review of the department's consideration of options for46 in-state and out-of-state placement of the child. In the case of a47 child in an out-of-state placement, the court shall determine whether48 the out-of-state placement continues to be appropriate and in the best49 interest of the child.50

5 (e) The court shall ask each youth age twelve (12) years and older about1 his desired permanency outcome and discuss with the youth his current2 permanency plan. In the case of a child who has attained the age of four-3 teen (14) years and older, the hearing shall include a determination of4 the services needed to assist the youth to make the transition from fos-5 ter care to successful adulthood.6 (f) The court may approve a primary permanency goal of another planned7 permanent living arrangement only for youth age sixteen (16) years or8 older and only upon written, case-specific findings that, as of the date9 of the hearing:10 (i) Another planned permanent living arrangement is the best per-11 manency goal for the youth; and12 (ii) There are compelling reasons why it is not in the best inter-13 est of the youth to be placed permanently with a parent, in an adop-14 tive placement, in a guardianship, or in the legal custody of the15 department in a placement with a fit and willing relative, includ-16 ing an adult sibling.17 (g) If the child has been in the temporary or legal custody of the de-18 partment for twelve (12) of the most recent twenty-two (22) months, the19 department shall file, prior to the last day of the fifteenth twelfth20 month, a petition to terminate parental rights, unless the court finds21 that:22 (i) The child is placed permanently with a relative;23 (ii) There are compelling reasons why termination of parental24 rights is not in the best interests of the child; or25 (iii) The department has failed to provide reasonable efforts to26 reunify the child with his family.27 (h) The department shall document and the court shall inquire:28 (i) As to the efforts made to ensure educational stability for the29 child, including the efforts made to keep the child in the school30 in which the child is enrolled at the time of placement or that re-31 maining in the school is not in the child's best interests; and32 (ii) That siblings were placed together or, if siblings were not33 placed together, the efforts made to place siblings together, the34 reasons why siblings were not placed together or why a joint place-35 ment would be contrary to the safety or well-being of one (1) or36 more of the siblings and a plan for ensuring frequent visitation or37 ongoing interaction among siblings, unless visitation or ongoing38 interaction would be contrary to the safety or well-being of one39 (1) or more of the siblings.40 (i) If there is reason to believe that the child is an Indian child and41 there has not been a final determination regarding the child's status as42 an Indian child, the department shall document and the court shall:43 (i) Inquire about the efforts that have been made since the last44 hearing to determine whether the child is an Indian child; and45 (ii) Determine that the department has made active efforts to work46 with all tribes of which the child may be a member to verify whether47 the child is a member or eligible for membership.48 (j) At each permanency hearing, if the child is being treated with psy-49 chotropic medication, these additional requirements shall apply:50

6 (i) The department shall report to the court the medication and1 dosage prescribed for the child and the medical professional who2 prescribed the medication; and3 (ii) The court shall inquire as to, and may make any additional4 inquiry relevant to, the use of psychotropic medication.5 (k) The court may authorize the department to suspend further efforts6 to reunify the child with the child's parent, pending further order of7 the court, when a permanency plan is approved by the court and the perma-8 nency plan does not include a permanency goal of reunification.9 (3) If a youth is in the legal custody of the department or other autho-10 rized agency and is within ninety (90) days of his eighteenth birthday, the11 department shall file a report with the court that includes the department's12 transition plan for the youth. The court shall have a review or permanency13 hearing at which the court shall:14 (a) Discuss with the youth his or her transition plan; and15 (b) Review the transition plan with the youth for purposes of ensur-16 ing that the plan provides the services necessary to allow the youth to17 transition to a successful adulthood.18 (4) If a child is in the legal custody of the department and the court19 has approved placement of the child in a qualified residential treatment20 program, then at each review hearing pursuant to subsection (1)(a) of this21 section and at each permanency hearing pursuant to subsection (2)(b) of this22 section the department shall document:23 (a) That ongoing assessment of the strengths and needs of the child con-24 tinues to support the determination that the needs of the child cannot25 be met through placement in a foster family home, that the placement in26 a qualified residential treatment program provides the most effective27 and appropriate level of care for the child that is in the least restric-28 tive environment, and that the placement is consistent with the short-29 term and long-term goals for the child, as specified in the permanency30 plan for the child;31 (b) The specific treatment or service needs that will be met for the32 child in the placement and the length of time the child is expected to33 need the treatment or services; and34 (c) The efforts made by the department to prepare the child to return35 home or to be placed with a fit and willing relative, a legal guardian,36 or an adoptive parent or in a foster family home.37 (5) Notwithstanding any provision of law to the contrary, the court may38 order extended foster care for a person between the ages of eighteen (18) and39 twenty-three (23) years to help such person achieve a successful transition40 to adulthood, provided such person must have been in the custody of the de-41 partment until his eighteenth birthday and must meet the criteria set forth42 in 42 U.S.C. 675(8)(B)(iv). The extension shall be for a fixed period of43 time and shall not extend past the person's twenty-third birthday. The court44 shall hold review hearings at least once every six (6) months after an order45 for extended foster care has been entered. The two (2) month review hearing46 timeline requirement pursuant to subsection (1) of this section shall not47 apply to extended foster care orders.48

SECTION 2. That Section 16-2002, Idaho Code, be, and the same is hereby49 amended to read as follows:50

7 16-2002. DEFINITIONS. When used in this chapter, unless the text oth-1 erwise requires:2 (1) "Court" means the district court or magistrate's division thereof3 or, if the context requires, a judge or magistrate thereof.4 (2) "Child" or "minor" means any individual who is under the age of5 eighteen (18) years.6 (3) "Neglected" means:7 (a) Conduct as defined in section 16-1602(31), Idaho Code; or8 (b) The parent(s) has failed to comply with the court's orders or the9 case plan in a child protective act case and:10 (i) The department has had temporary or legal custody of the child11 for twelve (12) of the most recent twenty-two (22) months; and12 (ii) Reunification has not been accomplished by the last day of13 the fifteenth twelfth month in which the child has been in the tem-14 porary or legal custody of the department.15 (4) "Abused" means conduct as defined in section 16-1602(1), Idaho16 Code.17 (5) "Abandoned" means the parent has willfully failed to maintain a18 normal parental relationship, including but not limited to reasonable sup-19 port or regular personal contact. Failure of the parent to maintain this20 relationship without just cause for a period of one (1) year shall constitute21 prima facie evidence of abandonment under this section; provided however,22 where termination is sought by a grandparent seeking to adopt the child, the23 willful failure of the parent to maintain a normal parental relationship as24 provided herein without just cause for six (6) months shall constitute prima25 facie evidence of abandonment.26 (6) "Legal custody" means status created by court order that vests in a27 custodian the following rights and responsibilities:28 (a) To have physical custody and control of the child and to determine29 where and with whom the child shall live;30 (b) To supply the child with food, clothing, shelter and incidental ne-31 cessities;32 (c) To provide the child with care, education and discipline; and33 (d) To authorize medical, dental, psychiatric, psychological and other34 remedial care and treatment for the child, including care and treatment35 in a facility with a program of services for children.36 However, such rights and responsibilities shall be exercised subject to the37 powers, rights, duties and responsibilities of the guardian of the person.38 (7) "Guardianship of the person" means those rights and duties imposed39 upon a person appointed as guardian of a minor under the laws of Idaho. It40 includes but is not necessarily limited either in number or kind to:41 (a) The authority to consent to marriage, to enlistment in the armed42 forces of the United States, and to major medical, psychiatric and sur-43 gical treatment; to represent the minor in legal actions; and to make44 other decisions concerning the child of substantial legal signifi-45 cance;46 (b) The authority and duty of reasonable visitation, except to the ex-47 tent that such right of visitation has been limited by court order;48

8 (c) The rights and responsibilities of legal custody, except where le-1 gal custody has been vested in another individual or in an authorized2 child placement agency; and3 (d) When the parent and child relationship has been terminated by judi-4 cial decree with respect to the parents, or only living parent, or when5 there is no living parent, the authority to consent to the adoption of6 the child and to make any other decision concerning the child which the7 child's parents could make.8 (8) "Guardian ad litem" means a person appointed by the court pursuant9 to section 16-1614 or 5-306, Idaho Code.10 (9) "Authorized agency" means the department, a local agency, a person,11 an organization, corporation, benevolent society or association licensed12 or approved by the department or the court to receive children for control,13 care, maintenance or placement.14 (10) "Department" means the department of health and welfare and its au-15 thorized representatives.16 (11) "Parent" means:17 (a) The birth mother or the adoptive mother;18 (b) The adoptive father;19 (c) The biological father of a child conceived or born during the fa-20 ther's marriage to the birth mother; and21 (d) The unmarried biological father whose consent to an adoption of the22 child is required pursuant to section 16-1504, Idaho Code.23 (12) "Presumptive father" means a man who is or was married to the birth24 mother and the child is born during the marriage or within three hundred25 (300) days after the marriage is terminated.26 (13) "Parent and child relationship" includes all rights, privileges,27 duties and obligations existing between parent and child, including inheri-28 tance rights, and shall be construed to include adoptive parents.29 (14) "Parties" includes the child and the petitioners.30 (15) "Unmarried biological father," as used in this chapter and chapter31 15, title 16, Idaho Code, means the biological father of a child who was not32 married to the child's mother at the time the child was conceived or born.33 (16) "Unmarried biological mother," as used in this chapter, means the34 biological mother of a child who was not married to the child's biological35 father at the time the child was conceived or born.36 (17) "Disability" means, with respect to an individual, any mental or37 physical impairment that substantially limits one (1) or more major life38 activities of the individual, including but not limited to self-care, man-39 ual tasks, walking, seeing, hearing, speaking, learning, or working, or a40 record of such an impairment, or being regarded as having such an impairment.41 Disability shall not include transvestism, transsexualism, pedophilia,42 exhibitionism, voyeurism, other sexual behavior disorders, or substance use43 disorders, compulsive gambling, kleptomania, or pyromania. Sexual prefer-44 ence or orientation is not considered an impairment or disability. Whether45 an impairment substantially limits a major life activity shall be determined46 without consideration of the effect of corrective or mitigating measures47 used to reduce the effects of the impairment.48

9 (18) "Adaptive equipment" means any piece of equipment or any item that1 is used to increase, maintain, or improve the parenting abilities of a parent2 with a disability.3 (19) "Supportive services" means services that assist a parent with a4 disability to compensate for those aspects of their disability that affect5 their ability to care for their child and that will enable them to discharge6 their parental responsibilities. The term includes specialized or adapted7 training, evaluations, or assistance with effective use of adaptive equip-8 ment and accommodations that allow a parent with a disability to benefit from9 other services, such as Braille texts or sign language interpreters.10

SECTION 3. That Section 39-1202, Idaho Code, be, and the same is hereby11 amended to read as follows:12 39-1202. DEFINITIONS. For the purposes of this chapter:13 (1) "Board" means the Idaho board of health and welfare.14 (2) "Child care" means that care, control, supervision or maintenance15 of children for twenty-four (24) hours a day provided as an alternative to16 parental care.17 (3) "Child" means an individual less than eighteen (18) years of age who18 is not enrolled in an institution of higher education.19 (4) "Children's agency" means a person who operates a business for the20 placement of children in foster homes or for adoption in a permanent home21 and who does not provide child care as part of that business. Children's22 agency does not include a licensed attorney or physician assisting or pro-23 viding natural and adoptive parents with legal services or medical services24 necessary to initiate and complete adoptive placements.25 (5) "Children's camp" means a program of child care at a location26 away from the child's home that is primarily recreational and includes the27 overnight accommodation of the child and is not intended to provide treat-28 ment, therapy or rehabilitation for the child.29 (6) "Children's institution" means a person who operates a residential30 facility for children not related to that person, if that person is an in-31 dividual, for the purpose of providing child care. Children's institutions32 include, but are not limited to, foster homes, maternity homes, children's33 therapeutic outdoor programs, or any facilities providing treatment, ther-34 apy or rehabilitation for children. Children's institutions do not include:35 (a) facilities that provide only daycare as defined in chapter 11, title 39,36 Idaho Code; (b) facilities and agencies including hospitals, skilled nurs-37 ing facilities, intermediate care facilities, and intermediate care facil-38 ities for people with intellectual disabilities licensed pursuant to chap-39 ter 13, title 39, Idaho Code; (c) day schools; (d) individuals acting in an40 advisory capacity, counseling a child in a religious context, and providing41 no child care associated with the advice; or (e) the occasional or irregular42 care of a neighbor's, relative's or friend's child or children by a person43 not ordinarily engaged in child care.44 (7) "Children's residential care facility" means a children's institu-45 tion, excluding:46 (a) Foster homes;47 (b) Residential schools;48 (c) Children's camps.49

10 No facility expressly excluded from the definition of a children's institu-1 tion is included within the definition of a children's residential care fa-2 cility.3 (8) "Children's therapeutic outdoor program" is a program designed to4 provide behavioral, substance abuse, or mental health services to minors in5 an outdoor setting. This does not include children's camps, church camps,6 or other outdoor programs primarily designed to be educational or recre-7 ational, such as Boy Scouts, Girl Scouts, 4-H or sports camps.8 (9) "Continued care" means the ongoing placement of an individual in a9 foster home, children's residential care facility, or transitional living10 placement who reaches the age of eighteen (18) years but is less than twenty-11 three (23) years of age.12 (10) "Day school" means a public, private, parochial or secular facil-13 ity offering an educational program in which the children leave the facility14 each day at the conclusion of the academic, vocational or school-supervised15 activities.16 (11) "Department" means the state department of health and welfare.17 (12) "Director" means the director of the department of health and wel-18 fare.19 (13) "Foster care" means child care by a person not related to the child,20 in lieu of parental care, in a foster home. The term also includes care pro-21 vided by kin when placement has been made by the department and the kin are22 licensed by the department pursuant to 39-1211A, Idaho Code.23 (14) "Foster home" means a home that accepts, for any period of time,24 with or without compensation, one (1) or more children who are not related25 to the foster parent as members of the household for the purpose of providing26 substitute parental care. The term also includes a home of kin when place-27 ment has been made by the department and the kin is licensed by the department28 pursuant to 39-1211A, Idaho Code.29 (15) "Group care" means foster care of a number of children for whom30 child care in a family setting is not available or appropriate in a dormitory31 or cottage type setting characterized by activities and discipline of a more32 regimented and less formal nature than found in a family setting.33 (16) "Juvenile detention" is as defined in section 20-502(8), Idaho34 Code, of the juvenile corrections act.35 (17) "Juvenile detention center" means a facility established pursuant36 to sections 20-517 and 20-518, Idaho Code.37 (18) "Kin" means all relatives pursuant to this chapter, extended fam-38 ily members, and those who have a significant family-like relationship with39 a child.40 (18) (19) "Person" includes any individual, group of individuals, asso-41 ciation, partnership, limited liability company or corporation.42 (19) (20) "Placement" means finding a suitable licensed foster home or43 suitable adoptive home for a child and completing the arrangements for a44 child to be accepted into and adjusted to such home.45 (20) (21) "Relative" means a child's grandparent, great grandparent,46 aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first47 cousin, sibling or half-sibling.48 (21) (22) "Representative" means an employee of the state department of49 health and welfare.50

11 (22) (23) "Residential facility" means any facility where child care is1 provided, as defined in this section, and that provides day and night accom-2 modation.3 (23) (24) "Residential school" means a residential facility for chil-4 dren that:5 (a) Provides a planned, scheduled, regular, academic or vocational6 school program for students in the elementary, middle or secondary7 grades as defined in section 33-1001, Idaho Code; and8 (b) Provides services substantially comparable to those provided in9 nonresidential public schools where the primary purpose is the educa-10 tion and academic pursuits of the students; and11 (c) Does not seek, receive or enroll students for treatment of such spe-12 cial needs as substance abuse, mental illness, emotional disturbance,13 developmental disability or intellectual disability; and14 (d) Is not:15 (i) A college or university;16 (ii) A children's camp as defined in this section; or17 (iii) A public or private day school in which the children leave18 the facility each day at the conclusion of the academic, voca-19 tional or school-supervised activities.20 (24) (25) "Transitional living" means living arrangements and after-21 care services for children, or as continued care, to gain experience living22 on their own in a supportive and supervised environment prior to emancipa-23 tion.24

SECTION 4. That Section 39-1211A, Idaho Code, be, and the same is hereby25 amended to read as follows:26 39-1211A. RELATIVE FOSTER CARE KINSHIP FOSTER CARE -- LIMITED VARI-27 ANCE OR WAIVER. (1) A relative Kin providing foster care for a related child28 pursuant to chapter 16, title 16, Idaho Code, must be licensed in accordance29 with this chapter.30 (2) Notwithstanding the provisions of subsection (1) of this section,31 the department may expedite placement with a relative, issue a foster care32 license, or grant a limited variance or waiver of a licensing standard or re-33 quirement, or for a relative. The department may establish separate stan-34 dards or requirements for licensure of relatives kin if, in the department's35 judgment, the health and safety of the related child is not thereby endan-36 gered.37 (3) If the department grants a limited variance or waiver of a licensing38 standard or requirement to the child's relative pursuant to this section,39 the department shall document the grounds for granting the limited variance40 or waiver and the reasons the limited variance or waiver will not compromise41 the related child's safety and health.42 (4) A limited variance or waiver of a licensing standard or requirement43 granted to a child's relative pursuant to this section shall be reviewed by44 the department for continuing compliance, need, and approval at regular in-45 tervals, subject to the provisions of section 39-1113, Idaho Code.46

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SECTION 5. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3