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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: 2 benefits, 0 costs, 2 mixed.

More grounds to end parental rights

A court can end the parent‑child legal relationship when it finds that doing so is in the best interest of both the parent and the child. The law also adds a ground for termination based on incarceration. The parent must be jailed at the hearing and has been, or is likely to stay, jailed for a substantial part of the child’s minority. This incarceration ground applies only if the Department brings the case and the child is in the Department’s legal custody.

Parents face strict visit rules after abuse

The law defines visits to include in-person, video, phone, and written contact. When the Department substantiates sexual or physical abuse by a parent, in-person visits are not allowed. A court can allow them only if it finds they are in the child’s best interest and writes safety rules. A claim is substantiated if a worker saw it, a hearing decided it, the adult confessed, physical or medical evidence supports it, or proof shows it by a preponderance of evidence. Safety rules must keep the child supervised, ban lap-sitting when sexual abuse is substantiated, and stop unmonitored secret messages unless the court shows good cause.

No termination over vaccines alone

The court cannot end your parental rights just because of your child’s immunization status. Vaccination alone cannot be the only reason for termination.

New child protection rules start 2026

Beginning July 1, 2026, the child protection changes in this act take effect statewide. The act declares an emergency and is in full force on and after that date.

Sponsors & Cosponsors

Sponsor

  • HEALTH AND WELFARE COMMITTEE

    Affiliation unavailable

Cosponsors

  • Josh Wheeler

    Republican • House

  • Melissa Wintrow

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 68 • No: 30

House vote • 3/17/2026

House Floor Vote

Yes: 44 • No: 24

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. Reported signed by the Speaker & ordered delivered to Governor

    3/19/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    3/19/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    3/18/2026Senate

  6. Returned From House Passed; referred to enrolling

    3/18/2026Senate

  7. Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 44-24-2

    3/17/2026House

  8. Read second time; Filed for Third Reading

    3/17/2026House

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/16/2026House

  10. Read First Time, Referred to Health & Welfare

    3/2/2026House

  11. Received from the Senate, Filed for First Reading

    3/2/2026House

  12. Read third time in full – PASSED - 24-6-5

    2/27/2026Senate

  13. Read second time; filed for Third Reading

    2/20/2026Senate

  14. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    2/19/2026Senate

  15. Reported Printed; referred to Judiciary & Rules

    2/5/2026Senate

  16. Introduced; read first time; referred to JR for Printing

    2/4/2026Senate

Bill Text

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