Idaho SB 1257 and HB 776

This is SB 1257 that the Idaho Governor signed on Wednesday March 25, 2026.

“Idaho Gov. Brad Little on Wednesday signed several bills aimed at ensuring more protections for foster care children.

The first bill expands definitions of abuse and neglect, tightens rules governing visitation in abuse cases, and revises the standards for terminating parental rights. Senate Bill 1257 will take effect July 1, 2026.

Also known as “Isaiah’s Law,” the bill updates Idaho Code to clarify what constitutes abuse, abandonment and aggravated circumstances, including chronic neglect, sexual abuse, torture, homicide and prior involuntary termination of parental rights. It adds detailed legal definitions for foster care, clarified the process of permanency planning, defines rules around psychotropic medications and visitation, and restricts in‑person visitation when sexual or serious physical abuse has been recorded, unless the court decides otherwise. Those visits would still be under strict safety conditions.

The legislation is named after one of the children who was removed from the care of a Nampa couple after the death of their infant son, Benji, who was 12 days old at the time. Another law named after Benji is awaiting a Senate hearing. That law, also known as House Bill 776, would require the Idaho Department of Health and Welfare to conduct safety checks for infants younger than 1 year old within 12 hours of a documented report.

Isaiah’s Law also revises the circumstances needed so courts may terminate parental rights, listing abandonment, abuse, long‑term incarceration and parental incapacity as qualifying factors.

It also expands the factors courts may consider in their decision: a parent’s efforts to improve, the child’s bond with a substitute caregiver and the risk of psychological harm caused by removal. The bill explicitly bans terminating parental rights based only on a child’s immunization status and affirms the right of parents with disabilities to present evidence showing they can safely parent with adaptive equipment or supportive services.

The bill, sponsored by Sen. Melissa Wintrow, D-Boise, passed through the Senate on a 24-5-6 vote in late February.

It passed in the House on March 17 with a 44-2-24 vote.”
Idaho governor signs series of bills to strengthen protections for foster care children
[KTVB 3/25/26 by Chloe Johnston]

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