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BOISE, Idaho (CBS2) — Idaho lawmakers have approved a major overhaul of the state’s child protection and visitation laws, passing Senate Bill 1257—known as Isaiah’s Law—through both chambers of the Legislature. The bill, which previously cleared the Senate in late February, has now passed the Idaho House and is expected to be sent to Governor Brad Little for final consideration.

If signed into law, the measure would mark one of the most significant changes to Idaho’s child welfare system in years, reshaping how courts handle visitation and parental rights in cases involving abuse.

Isaiah’s Law is named after a foster child whose case exposed what supporters describe as dangerous gaps in the system. Advocates say the child experienced additional trauma during court-ordered visits with abusive parents—an outcome the bill aims to prevent.

The legislation also gained urgency following other high-profile abuse cases in Idaho, including the death of an infant in Nampa. Together, these incidents fueled bipartisan calls for stronger safeguards.

What the Bill Does

At its core, Isaiah’s Law shifts Idaho policy toward prioritizing child safety over maintaining parental contact in abuse cases.

Restricting Visitation

The bill significantly limits when and how parents accused of serious abuse can interact with their children. Under the new framework:

• In-person visitation is generally prohibited when serious abuse—such as sexual or severe physical abuse—is substantiated
• Judges may allow contact only under strict, court-ordered conditions
• Restrictions can include constant supervision, no private communication, and physical boundaries

Importantly, the law expands the definition of “visitation” to include not just in-person meetings, but also phone calls, video chats, and written communication, bringing all forms of contact under judicial oversight.

Defining “Substantiated Abuse”

Isaiah’s Law outlines multiple ways abuse can be legally recognized, including:

• Court findings or prior rulings
• Witness accounts
• Medical or physical evidence
• Admissions or confessions

A “preponderance of evidence” standard

This broader definition allows action to be taken even in the absence of a criminal conviction.

• Expanding Termination of Parental Rights
• The bill also introduces a new pathway for terminating parental rights. Courts may now consider termination if a parent:
• Is incarcerated, and
• Will remain incarcerated for a significant portion of the child’s minority, and
• The child is already in state custody

Supporters say this provision helps children achieve permanent placements more quickly, rather than remaining in long-term foster care.

Backers of the bill argue it corrects a system that too often prioritizes parental access over child safety.

“This ensures we are not forcing children back into harmful situations,” supporters have said during legislative debate. They emphasize that the law provides clear standards for courts, rather than leaving critical decisions to inconsistent agency practices.

Despite broad support, the bill has drawn criticism from some lawmakers and policy groups.

Opponents argue that:

• Restrictions can be based on agency determinations rather than criminal convictions
• The “preponderance of evidence” standard is too low for limiting fundamental parental rights
• The law gives significant power to state agencies in determining outcomes

Some also warn that expanded grounds for terminating parental rights—particularly related to incarceration—could disproportionately affect certain families.

What Happens Next

With both chambers of the Idaho Legislature now approving the measure, Isaiah’s Law is headed to Governor Little’s desk. If signed, it will take effect later this year and immediately begin influencing child protection cases statewide.