IdahoIdaho requires parental-rights requests by the twelfth month, with exceptions
Idaho requires officials to seek an end to parental rights for children meeting a state custody threshold, unless a court finds a listed exception.
What it does
For children in state custody for 12 of the latest 22 months, officials must seek to end parental rights before the twelfth month ends. Court exceptions apply.
A parent’s failure to follow court orders or a family case plan counts as neglect under this rule only when the state custody and family reunification conditions also apply.
Licensed homes of relatives and people with a significant family-like bond count as foster homes when Idaho's Department of Health and Welfare places a child there.
Young adults who stayed in state custody until age 18 and meet federal eligibility rules may receive court-approved foster care until age 23, with reviews at least every six months.
Argument forLicensing people with strong family-like bonds could help children stay with familiar caregivers while keeping health and safety requirements.
Argument againstThe 12-month deadline to seek an end to parental rights could pressure families still working to reunite, despite court exceptions.
More detail
Idaho's Department of Health and Welfare must ask a court to end parental rights when the custody threshold is met, unless the court finds an exception. The requirement covers children in the agency's temporary or legal custody for 12 of the most recent 22 months. Exceptions apply if the child is permanently placed with a relative, ending parental rights would not serve the child's best interests, or the agency failed to make reasonable efforts to reunite the family. The request must be filed before the last day of the twelfth month. The law took effect on July 1, 2026.
The law's definition of neglect includes failure to follow court orders or a family case plan when the custody and reunification conditions are also met. This part of the neglect definition covers parents and children in child protection cases. All three conditions must apply: the parent failed to follow court orders or the case plan, the agency held custody for 12 of the most recent 22 months, and the family did not reunite by the stated deadline. The reunification deadline is the last day of the twelfth month of state custody. The law took effect on July 1, 2026.
Idaho recognizes licensed kin homes as foster homes when its Department of Health and Welfare places children there. Kin includes relatives, extended family members, and people with a significant family-like relationship with the child. Caregivers must be licensed for these state placements. The agency may set separate licensing standards for kin if those standards do not endanger the child's health and safety. The law took effect on July 1, 2026.
Courts may order extended foster care for eligible young adults and must review their cases at least every six months. Extended care covers eligible young adults from age 18 until their twenty-third birthday. The young adult must have remained in Department of Health and Welfare custody until age 18 and must meet the federal eligibility rules referenced in the law. A court must approve care for a fixed period that does not extend past the person's twenty-third birthday. Reviews follow the extended-care order; the two-month review schedule does not apply. The law took effect on July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by Governor Brad Little on 03/27/26 Session Law Chapter 198 Effective: 07/01/2026Became Law
- Mar 26Reported delivered to Governor at 11:16 a.m. on 03/26/26To Governor
- Mar 26Reported signed by the Speaker & ordered delivered to GovernorMinor
- Mar 25Received from Senate; Signed by Speaker; Returned to SenateMajor
- Mar 25Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Mar 24Returned From House Passed; referred to enrollingMinor
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Mar 24Read Third Time in Full – PASSED - 70-0-0AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – NoneAbsent – NoneFloor Sponsor - HealeyTitle apvd - to SenatePassed 2nd Chamber
- Mar 23Read second time; Filed for Third ReadingMinor
- Mar 20Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Feb 24Read First Time, Referred to Health & WelfareMinor
- Feb 24Received from the Senate, Filed for First Reading
- Feb 23Read third time in full – PASSED - 34-0-1AYES – Adams, Anthon, Bernt, Bjerke, Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, ZuiderveldNAYS – NoneAbsent and excused – HartFloor Sponsor - GallowayTitle apvd - to HousePassed 1st Chamber
- Vote recorded Read third time in full –. Result: pass.Upper
- Feb 16Read second time; filed for Third ReadingMinor
- Feb 13Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Feb 9Reported Printed; referred to Health & Welfare
- Feb 6Introduced; read first time; referred to JR for PrintingIntroduced