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Idaho Supreme Court says new law could delay adoption, parental termination cases

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Idaho Supreme Court says new law could delay adoption, parental termination cases


A recent Idaho law could slow the process for some child custody disputes and even adoption cases, the Idaho Supreme Court found in a ruling this week.

The law, created in 2025 through Senate Bill 1181, means some Idaho parents who can’t afford legal representation won’t have state-provided defense attorneys in cases that could risk them permanently losing their kids, the court found.

In the opinion, the court alluded to an essentially unenforceable right to public defense in some parental rights termination cases brought by private parties, rather than the state Department of Health and Welfare. That’s because courts can’t require the state’s public defenders to represent parents in those privately brought cases, the Idaho Supreme Court found.

“This gap created by Senate Bill 1181 is vitally important matter that needs to be addressed by the Idaho Legislature. If constitutionally required representation cannot be provided in private termination cases, it will likely result in serious delays or even dismissals of cases affecting Idaho’s children and parents,” Chief Justice G. Richard Bevan wrote in the opinion published Tuesday. “It may mean that children awaiting adoption cannot be adopted.”

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The decision comes more than a year after the Legislature passed the bill over the objections of child welfare attorneys, who warned about the bill’s impact on parents’ right to legal counsel. The bill was pitched as a way to control the workload of public defenders as the state overhauled its public defense system.

Attorney says this is the ‘conundrum’ she warned Idaho Legislature about

There are two ways parental rights termination cases can be brought: By the state — often initiated by a state Department of Health and Welfare, or by a private party, such as one parent wanting to end the rights of another parent.

For over 60 years, Idaho law gave parents deemed legally indigent — essentially those who can’t pay legal bills — and who were facing parental rights’ termination cases “with a categorical right to an attorney at public expense,” Bevan explained in the opinion.

But in 2025, he wrote all of that changed when the Legislature passed Senate Bill 1181.

The bill was meant to control the workloads of public defenders as the state consolidated public defense from counties into one statewide office. But at the time, two child welfare attorneys warned the law might inadvertently end the right to legal counsel in privately brought parental right termination cases, the Idaho Capital Sun reported.

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One of the attorneys who testified on the bill, Mary Shea from Pocatello, said in an interview that the court described “exactly the conundrum” that she was trying to warn the Legislature about.

“It’s an invitation to the Legislature to fix this, and to provide some kind of a funding mechanism so that those private terminations and adoptions can continue to proceed,” she said. “Because we do have a shortage of attorneys in this state. It is very difficult for us to provide the low-income and pro bono needs for the entire state.”

Sen. Todd Lakey, a Nampa Republican who was the bill’s original sponsor, said in an interview that the Legislature could take up clarifications next year.

“I personally am reluctant to have the taxpayers fund legal costs in a private party termination,” Lakey said on Wednesday. “That said, I recognize that there is a certain situation where it’s constitutionally required, and I want to make sure we’re limiting the burden on the taxpayers to only those situations, where it’s fundamentally required constitutionally. I think as the court noted, that’s kind of a case by case basis, depending on the circumstances.”

Rep. Dustin Manwaring, a Pocatello Republican who also cosponsored the bill, said in an interview that he already has ideas for legislation to address that issue flagged in the ruling.

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“When representation is appointed and is constitutionally required, then we need to clarify who’s picking up the tab for that. So, we will do that. And I will personally commit to taking that on and making sure we get that done,” he said.

How the Idaho Supreme Court ruled

The bill, Bevan wrote, requires the State Public Defender’s Office only to represent parents deemed legally indigent in parental rights’ termination cases brought by the state — not by private parties.

“That begs the question: if representation is constitutionally required in a private termination case, who would provide it?” Bevan asked.

Parents in private parental termination cases sometimes still have due process rights to public defense counsel, Bevan wrote, pointing to precedent in the U.S. Supreme Court. But since Idaho courts can no longer order the State Public Defender’s Office or counties to pay for that defense, he wrote that the courts effectively can’t appoint public legal representation in those cases.

“If neither the (State Public Defender’s Office) nor the counties can be required to provide representation, a private termination proceeding may fail to comply with the requirements of due process,” Bevan wrote. “The legislature has eliminated the options available to courts for appointment of counsel at public expense.”

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Some parents who are entitled to representation won’t get it, he wrote.

“We have little doubt that, so long as the representation gap created by Senate Bill 1181 exists, at least some indigent parents who constitutionally require representation will not get it,” Bevan wrote.

Idaho State Public Defender Office spokesperson Patrick Orr said in a statement that the agency hasn’t been assigned any private termination cases since the court took up the case in October.

“Our view is the same now as it was last year. Our office provides indigent defense representation – and representation for parents in Child Protective Act cases where the state seeks to interfere with a parent-child relationship,” he said. But, he added, “we can’t provide legal representation in a private termination case.”

Copyright 2026 KMVT. All rights reserved.

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Idaho water officials warn thousands of users about potential reductions amid historic drought

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Idaho water officials warn thousands of users about potential reductions amid historic drought


MURPHY, Idaho — The Idaho Department of Water Resources sent letters to about 3,300 owners of trust water rights, warning of potential curtailment. Those rights were created in 1984 to balance agricultural and hydroelectric water use.

Officials predict Snake River flows near Murphy could drop below the minimum level of 3,900 cubic feet per second within the next month. If that happens, it would mark the first time summer flows have dropped that low since the 1984 agreement was established.

Hear some of the ways farmers have had to cut back on crops due to lack of water:

Idaho drought pushes Idaho farmers into a corner

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If flows fall below that threshold, users could face curtailment — meaning they would be forced to stop diverting surface water and reduce groundwater pumping to comply.

The warning is already a reality for some Magic Valley farmers. Alex Joslin’s operation draws water from the Salmon Falls Tract, which has about 10 days of water left before his season will effectively be over.

“We’re running on about 13% of our water, so yeah, it’s a little tight,” Joslin said.

RELATED | Twin Falls faces second water delivery cut amid historic drought conditions

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Instead of planting his usual crops, Joslin has planted oats as cover crops just to keep the dirt from blowing away.

“This would’ve been alfalfa. The field behind us, there’s a full swing pivot behind us. That would’ve probably been barley or corn, one or the other, depending on how much water we had to work with,” explained Joslin.

Lorien Nettleton / Idaho News 6

He now has a large swath of his land sitting idle.

“Yeah, I have 1,200 acres in oats this year, so there’s a lot of ground that’s just sitting— doing nothing profitable,” Joslin said.

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Joslin said only a prolonged stretch of rain could change the outlook for the season.

“If we had two weeks of rain, just move in— that might not even be enough— maybe we need three,” Joslin concluded.

ALSO READ | Idaho farmers face tough choices to keep permanent crops alive during the statewide drought emergency

This story was initially reported by a journalist and has been, in part, converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.

Send tips to Magic Valley neighborhood reporters Lorien Nettleton and Joey Martin

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Court Clears Path For Idaho’s Critical Stibnite Antimony Mine

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Court Clears Path For Idaho’s Critical Stibnite Antimony Mine


The U.S. District Court for Idaho last week denied an injunction sought by climate activist groups, ruling that construction may proceed on the Stibnite Gold Project in central Idaho. This decision, secured with the active involvement of the Justice Department’s Environment and Natural Resources Division, represents a significant win not just for the project’s developer, Perpetua Resources, but for the Pentagon, which covets the large volumes of antimony the Stibnite mine can produce.

An “Urgent” Antimony Resource

The Stibnite project, as I’ve written here in the past, is a carefully vetted initiative following years of environmental reviews, culminating in U.S. Forest Service approval in January 2025. The project will produce substantial quantities of gold (about 4.2 million ounces) and silver (1.7 million ounces) over its life, but its real strategic value lies in antimony reserves, an estimated 115 million pounds. Antimony is a critical mineral essential for munitions, military-grade antimony trisulfide, lead-acid batteries, advanced sensors, radar materials, and flame retardants. For too long, the U.S. has depended on foreign sources via supply chains dominated by China, which has repeatedly restricted exports and left our National Defense Stockpile dangerously depleted.

The Pentagon says this vulnerability cannot be allowed to linger. As Michael Cadenazzi, Assistant Secretary of War for Industrial Base Policy, emphasized in a briefing to the Court: “The urgent construction of the Stibnite Gold Project and commencement of antimony production from the Project is of paramount importance to national security. The Stibnite Gold Project is the only opportunity known to the Department which is projected to produce sufficient antimony quantities to meet defense requirements by 2029 and supply substantial quality to the U.S. commercial market, as evidenced and de-risked by a feasibility study conducted in accordance with SK 1300 or equivalent standards.”

Antimony is “Vital To Our National Defense”

This is the core of the issue. As Cadenazzi notes, further delays here don’t just stall a mine; they prolong “the nation’s currently unacceptable supply chain risk for antimony.” Without domestic production, America remains exposed to supply shocks from adversarial nations. The sooner Stibnite ramps up, the sooner resiliency for both defense needs and essential civilian applications can be built.

Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department put it well: “Antimony is among the minerals most vital to our national defense, and for too long the United States has relied on foreign adversaries to supply it. This decision allows construction to move forward on the most significant domestic source of antimony, and it reflects the Department’s commitment to defending projects critical to America’s national security.”

The court’s ruling hinged on the plaintiffs’ failure to demonstrate “imminent, irreparable harm.” That’s a high bar, and rightly so. Activist groups have long used litigation as a tool to delay or derail resource projects, often prioritizing ideology over practical trade-offs. Stibnite isn’t a pristine wilderness being bulldozed for profit: It’s a historically disturbed site from over a century of prior mining. The project includes robust reclamation efforts: removing legacy tailings, restoring fish passage on the East Fork of the South Fork Salmon River, and commitment to overall environmental restoration.

There is near-universal acceptance now of the reality that any true energy transition will of necessity require a major increase in mining for an array of critical energy minerals, including antimony. If the U.S. is to get back into the mining business in a meaningful way after almost half a century of relative dormancy, this project presents a clear example of responsible mining in action, balancing extraction with stewardship while meeting a compelling national security need.

A Key Near-Term Antimony Resource

The same climate activist groups who favor such a transition seem to knee-jerk to oppose development in national forests; but context matters, and they raise issues which have been litigated repeatedly for more than a decade now. Defense officials have identified Stibnite as the only near-term domestic source capable of meeting major portion of the country’s antimony needs. Historically, the site supplied 90% of America’s antimony during WWII and the Korean War. Reviving it now aligns with the Trump administration’s broader push to onshore critical mineral supply chains to reduce reliance on China and bolster the Pentagon’s defense industrial base.

This latest win in court fits the established initiative by the Trump administration of prioritizing energy and mineral security. It should be noted here that this same initiative was at least nominally favored by the Biden administration. In a major speech delivered in June 2021, President Joe Biden promised to mount a “whole of government” effort to reshore supply chains for critical energy minerals like antimony. It was a commitment which was unfortunately was left largely unaddressed over the final 3 years of his presidency.

But that commitment has been revived and amplified over the last 17 months. Permitting reform, executive actions on domestic production, and judicial pushback against reflexive injunctions are chipping away at the regulatory and litigation thicket that has stifled investment. For rural Idaho, Stibnite means jobs, economic vitality, and infrastructure improvements. Nationally, it means less vulnerability in an era when adversaries weaponize supply chains.

Of course, litigation will no doubt continue: No one should expect the anti-development activists to relent. But the court’s denial of this injunction sends the clear message that national security interests still carry weight. The repeated environmental reviews to which this project has been subjected have been not just thorough, but exhaustive. The project is fully vetted. Now, it’s time to build.

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America Must Be Able To Eventually Get To “Go”

America’s competitors don’t tie themselves into bureaucratic and legalistic knots over every project. China dominates antimony production and has not been at all shy about deploying that dominance strategically.

The Stibnite mine is an answer to that aggression: It clearly exemplifies the “all-of-the-above” approach needed, not just for energy, but for the array of other minerals like antimony which help power modern defense and industry. Environmental reviews and protections to truly endangered species are important and must remain in place, but at some point, America simply must be able to say “go” on vital projects like this one.



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Idaho State Police: Driver runs stop sign, hits hay-stacker truck in Twin Falls

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Idaho State Police: Driver runs stop sign, hits hay-stacker truck in Twin Falls


A two-vehicle crash involving a hay-stacker truck sent two men to the hospital Wednesday afternoon in Twin Falls County, with one later flown to another facility.

Idaho State Police said the crash happened Wednesday, June 3, at about 12:19 p.m. at the intersection of N 2500 E and E 3400 N.

A 28-year-old man from Jerome was driving southbound on N 2500 E in a 2006 Ford Taurus, and a 59-year-old man from Twin Falls was driving westbound on E 3400 N in a New Holland hay-stacker truck, according to ISP.

Police said the driver of the Ford Taurus failed to obey the stop sign and collided with the hay-stacker.

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Neither driver was wearing a seatbelt, and both were taken by ground ambulance to a nearby hospital. The driver of the hay-stacker was later transported by air ambulance to a different hospital, according to ISP.

The roadway was blocked for about two-and-a-half hours while crews worked to clear the scene. The crash remains under investigation.



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