By Ruth Brown, Idaho Reports
The Idaho House of Representatives passed a bill in a 50-20 vote Monday to establish a state ombudsman for child protection.
Sponsored by Rep. Britt Raybould, R-Rexburg, SB 1380 heads to the governor’s desk for signature after passing the Senate earlier this month.
Under the bill, the office of the ombudsman would operate independently of the courts and the Idaho Department of Health and Welfare. The office would establish a procedure for receiving, examining and resolving complaints regarding children under state supervision.
Complaints could come from foster parents or biological parents, or teenagers or others involved in the foster care system.
The ombudsman would also be charged with gathering and analyzing data to discern any patterns and problems in health and social services.
Raybould told the House that the ombudsman’s office would be able to address concerns in a meaningful way.
Some legislators expressed concern about the ombudsman operating independently of the Legislature.
Raybould argued the decision would allow them to operate without outside influence.
Other legislators thought that the bill expanded government.
“There’s obviously a problem with the foster care system and what’s happening, but this is a Health and Welfare problem,” said Rep. Jacyn Gallagher, R-Weiser. “Why are we creating a new agency to correct another agency? Why can’t we just fix the problem instead of creating a new agency?”
The bill doesn’t create a new agency, just an independent office with three DHW employees transferring to the new office.
“I beg of you to think of the children, and not that you are worried this is growing government,” said Rep. Lori McCann, R-Lewiston.
Raybould stressed that the goal of the bill was long-term success for the foster care system.
“I am under no illusions that particular piece of legislation solves the problem we have as it relates to foster care and the Department of Health and Welfare,” Raybould said. “But I am also under no illusions that we can do nothing.”
Also related to foster care, the House unanimously passed SB 1379 relating to temporary housing and placement for foster children when foster homes are not immediately available.
Under the bill, the Department of Health and Welfare would have to notify the court within seven days of placement in a short-term rental or Airbnb, temporary shelter, or congregate care setting.
Additionally, DHW would not be allowed to place children under the age of 12 in short term shelter unless the director gives written approval.
That could come if the foster child is age 3 or older, the child is part of a sibling group, and at least one of those siblings is age 13 or older.
Another exemption would be if the child is age 6 or older and has been taken into shelter care through the emergency removal process.
Teenage mothers in the foster care system would also be allowed to bring their own child.
SB 1379 came after DHW acknowledged more regularly using what was intended to be temporary shelters.
Both foster care bills now head to the governor’s desk for signature.