Idaho Lawmakers Introduce 'Bill of Rights' for Foster Youth and Residential Treatment Children

New legislation aims to protect the rights of young people in state care and residential facilities

Published on Feb. 23, 2026

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Idaho lawmakers have introduced two bills to establish a 'youth bill of rights' for children in the state's foster care system and residential treatment facilities. The bills would create new oversight, inspection, and reporting requirements for these facilities, as well as enumerate specific rights for the young people in their care, such as the right to physical and emotional safety, access to medical and behavioral health services, and freedom from abuse and unreasonable restraints.

Why it matters

These bills come in response to a 2025 report that found significant shortcomings in the oversight and abuse prevention measures for Idaho's youth residential treatment facilities. The new legislation aims to codify policies and safeguards to better protect the rights and wellbeing of vulnerable children in state care.

The details

The first bill, introduced by Rep. Marco Erickson, would create a 'youth bill of rights' for children in licensed residential facilities, outlining their rights to physical and emotional safety, access to medical and behavioral health care, and freedom from abuse and unreasonable restraints. The bill also mandates increased oversight, unannounced inspections, and critical incident reporting for these facilities. The second bill, introduced by Rep. Josh Wheeler, would establish a bill of rights specifically for foster youth, including the right to reside in a safe environment, be free from abuse, and receive timely medical assessments.

  • The 2025 report that uncovered issues in Idaho's youth residential treatment facilities was released three years ago.
  • The two bills were introduced by Idaho lawmakers on Wednesday, February 19, 2026.

The players

Rep. Marco Erickson

An Idaho state representative who introduced a bill to create a 'youth bill of rights' for children in residential care facilities.

Rep. Josh Wheeler

An Idaho state representative who introduced a bill to establish a bill of rights specifically for foster youth.

Idaho Department of Health and Welfare

The state agency that oversees and regulates youth residential treatment facilities in Idaho.

InvestigateWest

A news outlet that published a 2023 report outlining systemic issues with Idaho's youth treatment facilities, including cases of abuse and neglect.

Rep. Tonya Burgoyne

An Idaho state representative who expressed concerns about the 'youth bill of rights' concept, arguing that children's rights should remain with their parents.

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What they’re saying

“This bill is three years in the making. This isn't something that I just thought up yesterday. In fact, it came to our attention three years ago there were some really big problems going on within some of the residential care facilities in Idaho.”

— Rep. Marco Erickson, Idaho State Representative (Idaho Capital Sun)

“In some ways, this will be codifying best practices that our Department of Health and Welfare often follow, but it will also communicate an expectation to the judiciary branch when it comes time for considerations of reunification or placement for foster children.”

— Rep. Josh Wheeler, Idaho State Representative (Idaho Capital Sun)

“A youth bill of rights is extremely concerning to me. Currently, children don't have rights, because all their rights are vested with the parent, and I think it's extremely important that we keep those rights with the parent.”

— Rep. Tonya Burgoyne, Idaho State Representative (Idaho Capital Sun)

What’s next

The House Health and Welfare Committee voted to introduce both bills, which allows them to return for a full public hearing where lawmakers will further debate and consider the proposed legislation.

The takeaway

These new bills aim to protect the rights and wellbeing of some of Idaho's most vulnerable young people - those in the foster care system and residential treatment facilities. By establishing clear rights and stronger oversight, the state hopes to prevent the kinds of abuse and neglect that have occurred in the past and ensure these facilities are providing a safe and nurturing environment for the children in their care.