IdahoS 12662026 regular legislative sessionSenateWALLET

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

Sponsored By: HEALTH AND WELFARE COMMITTEE

Signed by Governor

FOSTER CARE

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

Extended foster care to age 23

Beginning July 1, 2026, young adults who were in custody until age 18 can stay in foster care up to age 23 if they meet federal rules. Any extension is for a set time and ends before the 23rd birthday. The court reviews these orders at least every six months. Within 90 days before turning 18, the department files a transition plan and the court reviews it with the youth. The law also defines “continued care” for placements after age 18.

Stricter timelines and limits for parents

Beginning July 1, 2026, the department must file to end parental rights when a child is in its custody for 12 of the last 22 months, unless listed exceptions apply. The definition of “neglected” includes failing to follow court orders or a case plan when those 12‑of‑22 timelines are met and reunification is not done by the end of month 12. Respondents cannot ask to change care or placement orders within three months of a prior hearing on that topic. If the court approves a plan without reunification, it may let the department stop reunification services. When reunification is the goal and risk factors exist, the case must include at least a 90‑day supervised trial home visit before the court closes the case.

More frequent reviews and placement checks

Beginning July 1, 2026, the court holds a first review within six months and then every two months. The department and the guardian ad litem file reports at least five days before each two‑month review. A permanency hearing happens within 12 months of removal or jurisdiction and at least yearly. Courts may hold shorter status hearings without reports unless ordered. If a child is in a residential treatment program, the department must show why a family home cannot meet the child’s needs, list treatment and expected length, and show efforts to move to a family or relative placement.

Simpler licensing for relative caregivers

Beginning July 1, 2026, relatives who care for a related child in foster care must be licensed. The department may speed up kin placements, issue kin licenses, set separate standards, and grant limited waivers when the child’s safety is not harmed. Licensed kin placements count as “foster care,” which can open access to foster services. When a waiver is granted, the department must write down the reasons and review it at regular times.

Support rules for parents with disabilities

Beginning July 1, 2026, the law defines disability in child‑welfare cases and lists conditions that do not count. It also defines “adaptive equipment” and “supportive services” to help parents with disabilities care for their children and join services, like interpreters, Braille texts, evaluations, and training. These definitions guide what help is available and who qualifies.

Sponsors & Cosponsors

Sponsor

HEALTH AND WELFARE COMMITTEE
Affiliation unavailable

Cosponsors

Codi Galloway
Republican • Senate
Dori Healey
Republican • House

Roll Call Votes

All Roll Calls

Yes: 104 • No: 0

Senate vote • 3/24/2026

Senate Floor Vote

Yes: 70 • No: 0

Senate vote • 2/23/2026