IdahoS 12572026 regular legislative sessionSenate

CHILD PROTECTION – Amends existing law to establish provisions regarding visitation and termination of parental rights.

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

CHILD PROTECTION

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Broader grounds to end parental rights

The law expands when courts can end parental rights. If the Department files the case and has custody, a parent's incarceration can be a ground. It applies when the parent is jailed at the hearing and has been, or likely will be, jailed for a substantial part of the child's minority. In chapter 16 cases, judges must also weigh reunification efforts. They consider a parent's ability to live a law‑abiding life, not counting infractions. They consider if a child has a strong bond with a caretaker and removal would cause serious harm when the parent cannot meet the child's needs. Courts may also terminate if it is in both the parent's and child's best interest. A child's vaccination status alone cannot be the reason to terminate. These rules apply starting July 1, 2026.

When these child protection rules start

The law takes effect July 1, 2026. Courts, agencies, and families follow the new rules on that date.

Safer visitation rules after substantiated abuse

The law defines visitation as in-person, video, phone, or written contact. With a substantiated sexual or physical abuse claim, in-person visits stop unless a court finds them best for the child. If visits happen, the court must set safety rules. They include no being alone with the child. In sexual-abuse cases, no lap-sitting. No secret or unmonitorable messages. "Substantiated" can mean a worker saw the abuse or a court already found abuse. It can also be a confession, medical proof, or proof by a preponderance. These rules start July 1, 2026.

Show accommodations; no new state mandate

Parents with disabilities can show how adaptive equipment or services let them parent safely. The law defines adaptive equipment and supportive services, like training, device help, Braille texts, and sign‑language interpreters. The law does not require state or local government to buy or provide these items or services. These rules apply starting July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • HEALTH AND WELFARE COMMITTEE

    Affiliation unavailable

Cosponsors

  • Melissa Wintrow

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 24 • No: 6

Senate vote 2/27/2026

Senate Floor Vote

Yes: 24 • No: 6

Actions Timeline

  1. Signed by Governor on 03/25/26 Session Law Chapter 131 Effective: 07/01/2026

    3/26/2026
  2. Reported delivered to Governor at 4:34 p.m. on 03/19/26

    3/23/2026
  3. Received from Senate; Signed by Speaker; Returned to Senate

    3/19/2026House
  4. Returned From House Passed; referred to enrolling

    3/18/2026Senate
  5. Read second time; Filed for Third Reading

    3/17/2026House
  6. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/16/2026House
  7. Received from the Senate, Filed for First Reading

    3/2/2026House
  8. Read third time in full – PASSED - 24-6-5

    2/27/2026Senate
  9. Read second time; filed for Third Reading

    2/20/2026Senate
  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/19/2026Senate
  11. Reported Printed; referred to Judiciary & Rules

    2/5/2026Senate
  12. Introduced; read first time; referred to JR for Printing

    2/4/2026Senate

Bill Text

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