BOISE, ID – Idaho lawmakers introduced two bills Wednesday to enumerate young people’s rights while they’re in the state’s care and while they’re in residential treatment.
Rep. Marco Erickson, R-Idaho Falls, introduced a bill to add several new requirements for oversight and inspection for children in residential care, and creates a “youth bill of rights” for young people in those facilities. Erickson said the bill includes the recommendations from a state Office of Performance Evaluations report that found significant shortcomings in abuse oversight.
“This bill is three years in the making,” Erickson said. “This isn’t something that I just thought up yesterday. In fact, it came to our attention three years ago there were some really big problems going on within some of the residential care facilities in Idaho.”
Erickson said the bill puts into state law many of the policies the Idaho Department of Health and Welfare had enacted since the 2025 report was released.
In 2023, the news outlet InvestigateWest published a report outlining systemic issues with Idaho’s youth treatment facilities, including cases where violent children were not controlled, children were restrained or locked in seclusion in violation of the law, or ignored when they had medical needs.
Ericksons’s bill would create several requirements for reviews, unannounced inspections, documentation, and critical incident reporting. His bill also would also direct Health and Welfare to create a youth bill of rights that applies to all children in licensed residential facilities, that includes rights such as physical and emotional safety, access to medical and behavioral health care, freedom from abuse, neglect and unreasonable restraints, and others.
Another bill introduced aims to keep foster children in safe, healthy environments free of abuse
Rep. Josh Wheeler, R-Ammon, on Wednesday also introduced a bill creating a bill of rights for foster youths, including rights to reside in a safe and healthy environment; be free from physical, sexual, emotional or other abuse; and the right to timely and appropriate medical assessments and forensic testing if the child discloses sexual abuse; and several others.
“In some ways, this will be codifying best practices that our Department of Health and Welfare often follow,” Wheeler said, “but it will also communicate an expectation to the judiciary branch when it comes time for considerations of reunification or placement for foster children.”
Both bills require that the rights be shared and explained to the children, as well include requirements on how to report potential violations.
The House Health and Welfare Committee voted to introduce both bills, which allows them to return for a full public hearing.
Rep. Tonya Burgoyne, R-Pocatello, said she “appreciated the effort and the ideas,” behind both bills, but that she didn’t plan to support them.
“A youth bill of rights is extremely concerning to me,” Burgoyne said. “Currently, children don’t have rights, because all their rights are vested with the parent, and I think it’s extremely important that we keep those rights with the parent.”
Erickson responded that his bill also places parental rights “at the forefront,” but said once the young people are placed in a facility, it was important to maintain those children’s rights. He highlighted issues found in facilities in the past, including a girl in North Idaho who was restrained for three hours, sexual abuse taking place and no mechanism to report it.
“They have the right to be treated with dignity and respect,” Erickson said. “… They have the right not to be abused by adults just because they’re in a facility, or put in isolation rooms for several hours or several days because some facilities says, ‘Oh we think this is the property method of punishment,’ so that’s why it’s vital that they have their bill of rights.”
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