House passes two bills to tweak Idaho’s foster care system

BOISE — Two new bills meant to improve aspects of Idaho’s foster care system head to the governor’s desk after advancing through the Legislature.

SB 1379 limits the use of short-term rentals for young foster care youth, and SB 1380 creates an independent ombudsman office to review complaints from those impacted by the foster care system.

Both bills were initially announced in a Child Protection Legislative Oversight Committee meeting after hearing from a number of foster parents who said they had been unheard or mistreated by the system.

The debate on SB 1380 lasted about 45 minutes and included concerns about the ombudsman office operating independently of the Legislature as well as concerns about growing government.

Bill sponsor Rep. Britt Raybould, R-Rexburg, said the current grievance process within the Department of Health and Welfare happens internally and it’s not working.

“This process has resulted in a series of, frankly, horrendous outcomes for some of these children and these families as these complaints have not been listened to over the months and years,” Raybould said. “... It is heartbreaking that this system, that is intended to protect children and to help families come together, is instead working against the very individuals within the system.”

The new office, which would be created using existing full-time employee positions and money from the health department, would allow foster children, foster families, biological parents or relatives of foster youth, adoptive or prospective adoptive families, legal guardians, volunteer guardians ad litem, or members of the Idaho Legislature to submit complaints alleging the department’s action or behavior against the law, rule or a policy, imposed without adequate reasoning, or based on irrelevant, immaterial or erroneous grounds.

The office would have broad authority to investigate complaints and gain access to necessary information, then determine if action is needed or if the situation is serious enough to refer to law enforcement.

Some who debated the bill said they saw it as an unnecessary growth of government.

The bill has a minus-3 rating on the influential Idaho Freedom Foundation index because it is an “expansion of the size and scope of government.”

Rep. Jacyn Gallagher, R-Weiser, debated against the bill and said she didn’t believe the problems could be solved by creating a new office.

“This is a Department of Health and Welfare problem,” Gallagher said. “Why are we creating a new agency to correct another agency? We have oversight. Why can’t we just fix the problem instead of creating a new agency?”

House Minority Leader Ilana Rubel, D-Boise, said the stories heard in committee from foster youth and foster families were “horrific.”

“We badly need this bill,” Rubel said.

Rep. Lori McCann, R-Lewiston, argued that because the staff and funds will be transferred out of the department without using new funds, she doesn’t see it as significantly growing government.

“I beg of you to think of the children and not the fact that you are worried this is growing government, because sometimes we have to look at the bigger picture than just a number of growing government,” McCann said.

Rep. Julianne Young, R-Blackfoot, said she was “really struggling” with creating an office that was independent of the Legislature and courts.

Some who debated against the bill said the issue should be addressed by firing the individuals at the health agency who may have acted inappropriately or contrary to law and policy in the situations that have come up.

“If you want long-term success, you have to go in and deal with the structure of what you’re trying to fix, not just the individuals within it,” Raybould said.

The House passed SB 1380 in a 50-20 vote, although Rep. Todd Achilles, D-Boise, had asked to change his vote but was denied the opportunity to do so. Rep. Brent Crane, R-Nampa, objected and said the Republican leadership had decided to not allow changes to votes after the roll call machine is locked and votes are recorded. A vote to suspend rules to allow Achilles to change his vote failed.

The other bill, SB 1379, prohibits housing children age 12 and under in short-term rentals, such as Airbnbs, temporary shelters or congregate care settings without direct approval from the health director under certain circumstances.

The director could provide approval if the child is age 3 or older and part of a sibling group where one of the siblings was placed in the short-term rental or congregate care setting; if the child is at least 6 years old and was removed in an emergency removal process; or there is a child of a teenage mother who is placed in these settings.

When foster youth are placed in these settings, the department must file notice to the court within seven days.

It also places time restrictions on how long any foster youth may be placed in short-term rentals and congregate care settings except with continuous approval from the director. Placements would be limited to two weeks except for documented emergency circumstances, and the director would need to approve continued placement every two weeks.

The bill originated with Sen. Abby Lee, R-Fruitland, who was concerned about the growing practice of placing foster youth in Airbnbs and other short-term rentals with staff supervision when there are no immediate available placements.

The bill passed unanimously in the House with no debate.

Both bills already passed the Senate and will go to Gov. Brad Little for his consideration.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on X @EyeOnBoiseGuido.

How local lawmakers voted

SB 1379 (short-term rental limits) — YES: Lori McCann, R-Lewiston; Brandon Mitchell, R-Moscow.

SB 1380 (creating ombudsman office) — YES: Lori McCann, R-Lewiston; Brandon Mitchell, R-Moscow.