BOISE, ID – A bill that would more narrowly define “neglect” in Idaho’s child protection laws failed to advance Thursday amid concern it would make it harder to remove children in potentially dangerous situations.

Rep. Barbara Ehardt, R-Idaho Falls, introduced House Bill 691, which would have adopted language that “more closely resembles” the federal definition of child neglect, according to the bill’s statement of purpose.

She said the state’s current definition was “too broad” and that children could be removed for small things, like riding a bicycle on a country road without a helmet or skipping a meal.

Ehardt worked on the bill with former North Idaho Sen. Scott Herndon of Sagle, who served one term and previously sponsored bills dealing with child protection.

“We want to make sure that we cut out all of the unnecessary reports to CPS,” Herndon told the House Judiciary and Rules Committee on Thursday, “so that the resources are only focused on those children who are being harmed.”

How would the bill change Idaho’s child neglect law?

Under current Idaho law, child neglect is when a child is “without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being because of the conduct or mission of his parents, guardian or other custodian or their neglect or refusal to provide for them.

The bill would narrow the definition of neglect to situations, actions or failure of actions where harm or abuse has already occurred or the child is at “imminent” risk, or is likely to suffer imminent serious harm.

The bill also states that no child whose parent or guardian chooses “a second opinion, or further information and alternatives, regarding medical treatment shall be deemed for that reason alone to be neglected or lack the parental care necessary for the child’s health and well-being.”

Rep. John Gannon, D-Boise, said that part of the bill “looks like the faith healing group is trying to sneak in an exception for faith healers who choose not to get medical care for their kids.”

Ehardt disputed this.

“I was thinking of a cancer victim as they were looking at other alternatives, and the hospital just wanted to start chemo regarding medical treatment, she’ll be deemed (neglected) for that reason alone,” Ehardt said.

A child advocate from Idaho Children Are Primary Diane Garvey and longtime prosecutor Shawna Dunn spoke against the bill during the public hearing. No one spoke in favor.

“I know that there is a bit of a narrative that kids are being taken away from parents for dirty dishes in the sink or for not having the right bedtime,” Dunn said. “That is not reality. Those are not really happening.”

She described a recent case where a child was removed from a filthy home, filled with feces, sludge and bugs.

“These are the homes that the current definition of neglect is used to pull attention toward and help toward and, if necessary, to pull kids out,” she said.

She said the Idaho Prosecuting Attorneys Association opposed the bill, as well as the Idaho Fraternal Order of Police and Idaho Chiefs of Police Association “because it would make our work keeping kids safe harder.”

Idaho House committee narrowly rejects bills 

Rep. Dale Hawkins, R-Fernwood, said he supported the bill because he and his family had a neighbor that made several complaints to CPS about his children when they were young for their hair appearing unwashed, jumping off of roofs into hay bales or standing by the roads when large trucks would go by.

“I know folks who have received these types of complaints, some of them actually having their children removed, only to find out there was nothing,” Hawkins said. “I think these definitions are well structured. I think that it’s time that we give some changes to this.”

Rep. John Shirts, R-Weiser, noted that the federal code is considered the “minimum” standard of neglect.

“It’s setting the floor of what has to be adopted by the states,” Shirts said. “And so what are we effectively doing? We’re dropping ourselves down to the floor, and I just can’t support a system where we end up having a lower threshold for what counts as neglect of kids.”

The motion to advance the bill to the House floor died in a 7-8 vote.

This story first appeared on Idaho Capital Sun.