As Idaho lawmakers prepare for a new legislative session, child welfare reform is emerging as a priority for some legislators and advocacy groups.
A local parents’ rights organization and a Canyon County lawmaker say they plan to introduce legislation aimed at changing how Child Protective Services operates in Idaho — legislation they say is designed to better protect children while keeping families together.
Supporters of the proposed bills say one of the key issues they are trying to address is what they call “medical kidnapping.”
In a statement of purpose, supporters define medical kidnapping as “the wrongful removal of a child from a parent when abuse or neglect has not been established.”
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Idaho lawmakers, advocates push child welfare reforms ahead of legislative session
Republican Representative Lucas Cayler of Caldwell says current Idaho law defines kidnapping, but does not specifically address situations involving medical decisions made by parents.
“Currently, kidnapping is defined in Idaho statute, but medical kidnapping is not,” Cayler said.
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Cayler says supporters believe these situations can occur in hospital settings — when parents seek medical care for their child but question a test, refuse a treatment, or request a second opinion.
“Our children are one of our most valuable parts of our society, and a child’s best chances of success and happiness is with their parents,” Cayler said. “We shouldn’t be looking for reasons to separate families over specious claims of abuse or neglect.”
Kristine McCreary says she believes it happened to her.
McCreary says her son was removed from her care without signs of abuse — an experience that led her to found POWER, Parents Objective With Essential Rights. The organization works with families who believe their children were unnecessarily removed by Child Protective Services.
“We’re seeing CPS come out and remove children when they shouldn’t, and not come out when they should,” McCreary said. “We have a serious issue.”
McCreary says POWER is urging lawmakers to take up the issue during this legislative session.
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Supporters of the legislation say the concern is not whether child protection is necessary, but whether it is being applied consistently.
“We’re hoping that with our bills, we can correct those issues, to protect families, prevent harm, and create accountability,” McCreary said.
Cayler echoed that sentiment, saying families should be afforded the same legal standards applied in other cases.
“You and I are presumed innocent until proven guilty, and in many cases we’re finding that standard isn’t being applied consistently,” he said.
The Idaho legislative session begins next week. The proposed bills are expected to be introduced in committee before moving through both chambers of the legislature. If approved, they would then head to the governor’s desk for consideration.
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