CHILD PROTECTION – Adds to existing law to provide for safety checks for children under one year of age.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
776
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
NEWBORN
SAFETY
REVIEW;
PROVIDING
LEGISLATIVE
INTENT;
AMEND
-
2
ING
CHAPTER
16,
TITLE
16,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
16
-
1650,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
NEWBORN
SAFETY
4
REVIEW;
AND
DECLARING
AN
EMERGENCY.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
7
protect
infants
and
children
from
abuse,
neglect,
and
sexual
exploitation
8
by
requiring
an
expedited
child
protection
safety
review
of
children
less
9
than
one
year
of
age
when
parents,
guardians,
or
legal
custodians
have
a
10
history
of
child
abuse,
sexual
offenses,
or
prior
termination
of
parental
1
1
rights
due
to
abuse
or
neglect.
Infants
are
uniquely
vulnerable
and
may
suf
-
12
fer
irreparable
harm
when
safety
concerns
are
not
identified
and
addressed
13
immediately.
It
is
the
intent
of
the
Legislature
to
ensure
timely
safety
14
verification
and
appropriate
planning
for
children
born
into
high
-
risk
cir
-
15
cumstances.
16
SECTION
2.
That
Chapter
16,
Title
16,
Idaho
Code,
be,
and
the
same
is
17
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
18
ignated
as
Section
16
-
1650,
Idaho
Code,
and
to
read
as
follows:
19
16
-
1650.
NEWBORN
SAFETY
REVIEW.
(1)
Any
report
made
to
the
department
20
by
a
mandatory
reporter
pursuant
to
section
16
-
1605,
Idaho
Code,
alleging
a
21
parent,
guardian,
or
legal
custodian
is
a
caregiver
to
a
child
that
is
less
22
than
one
(1)
year
of
age
and
has
a
risk
factor
described
in
subsection
(2)
23
of
this
section,
the
department
shall
verify
the
reported
risk
factor
within
24
twelve
(12)
hours
of
receiving
the
report.
If
the
reported
risk
factor
is
25
verified,
the
department
shall
initiate
a
priority
I
response,
as
defined
by
26
the
department,
and
shall
complete
a
full
written
safety
assessment.
27
(2)
Risk
factors
that
require
action
by
the
department
pursuant
to
sub
-
28
section
(1)
of
this
section
are
as
follows:
29
(a)
A
parent,
guardian,
or
legal
custodian's
identifying
information
30
appears
in
the
department's
child
protection
central
registry
going
31
back
no
more
than
ten
(10)
years;
32
(b)
A
parent,
guardian,
or
legal
custodian
has
been
convicted
of
injury
33
to
a
child
pursuant
to
section
18
-
1501,
Idaho
Code;
34
(c)
A
parent,
guardian,
or
legal
custodian's
parental
rights
were
ter
-
35
minated
in
a
proceeding
pursuant
to
this
chapter;
or
36
(d)
A
parent,
guardian,
or
legal
custodian's
child
was
born
with
neona
-
37
tal
abstinence
syndrome.
38
(3)
For
the
purposes
of
this
section,
"verify"
means
use
of
the
depart
-
39
ment's
internal
records
to
substantiate
termination
of
parental
rights
and,
40
when
possible,
the
use
of
official,
public
-
facing
repositories
of
Idaho
41

2
criminal
or
medical
records
in
order
to
confirm
the
existence
of
a
reported
1
risk
factor.
2
(4)
The
department's
safety
assessment
shall
include:
3
(a)
The
current
compliance
of
each
parent,
guardian,
or
legal
custodian
4
with
court
-
ordered
conditions,
treatment,
or
supervision
related
to
a
5
prior
offense,
insofar
as
can
be
determined;
6
(b)
The
child's
living
environment
with
the
parent,
guardian,
legal
7
custodian,
or
caregiver
and
other
household
members;
and
8
(c)
A
summary
of
the
department's
prior
investigation
of
allegations
9
of
child
abuse,
abandonment,
or
neglect
pertaining
to
members
of
the
10
household
and
any
services
provided
to
members
of
the
household
by
the
1
1
division
for
youth
safety
and
permanency
at
the
department.
12
(5)
When
a
law
enforcement
agency
makes
a
report
to
the
department
pur
-
13
suant
to
section
16
-
1605,
Idaho
Code,
such
report
shall
include
any
known
or
14
reported
risk
factors
described
in
subsection
(2)
of
this
section.
15
(6)
Nothing
in
this
section
shall
be
construed
to
create
a
presumption
16
of
abuse
or
neglect
based
solely
on
a
medical
condition,
diagnosis,
or
indi
-
17
cator.
18
(7)
If
the
department
concludes
that
verification
of
a
risk
factor
19
described
in
subsection
(2)
of
this
section
cannot
be
accomplished
within
20
twelve
(12)
hours
or
if
the
department
concludes
that
public
safety
would
21
be
better
served
by
immediately
escalating
the
response,
the
department
may
22
initiate
a
priority
I
response
instead
of
making
continued
efforts
to
ver
-
23
ify
the
risk
factors
and
shall
prepare
a
safety
assessment
as
set
forth
in
24
subsection
(4)
of
this
section,
notwithstanding
the
lack
of
a
verified
risk
25
factor.
26
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
27
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
28
passage
and
approval.
29