Idaho Introduces 'Bill of Rights' for Foster Youth, Residential Treatment Children

New legislation aims to protect rights and prevent abuse of children in state care

Published on Feb. 24, 2026

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Idaho lawmakers have introduced two bills to establish a 'bill of rights' for children in the state's foster care system and those in residential treatment facilities. The bills would create new oversight, inspection, and reporting requirements, as well as enumerate specific rights for these vulnerable youth, including the rights to physical and emotional safety, access to medical care, and freedom from abuse and neglect.

Why it matters

This legislation is a response to past reports of systemic issues and abuse within Idaho's youth treatment facilities, including cases of violent children not being properly controlled, children being illegally restrained or isolated, and medical needs being ignored. The new bills aim to codify best practices and set clear expectations to protect the rights and wellbeing of 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 rights such as physical and emotional safety, access to medical and behavioral health care, and freedom from abuse, neglect and unreasonable restraints. It also includes new requirements for reviews, inspections, documentation, and reporting of critical incidents at these facilities. The second bill, introduced by Rep. Josh Wheeler, would establish similar rights for children in the state's foster care system, including the right to reside in safe and healthy environments, be free from abuse, and receive timely medical assessments.

  • In 2023, the news outlet InvestigateWest published a report outlining systemic issues with Idaho's youth treatment facilities.
  • In 2025, a state Office of Performance Evaluations report found significant shortcomings in abuse oversight at these facilities.
  • On February 18, 2026, Idaho lawmakers introduced the two new bills to address these problems.

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 for children in the state's foster care system.

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.

Idaho Department of Health and Welfare

The state agency that oversees youth residential treatment facilities and foster care, and has enacted some of the policies the new bills aim to codify.

InvestigateWest

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

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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 (dailyfly.com)

“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 (dailyfly.com)

“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 (dailyfly.com)

“They have the right to be treated with dignity and respect... They have the right not to be abused by adults just because they're in a facility, or put in isolation rooms for several hours or several days because some facilities says, 'Oh we think this is the property method of punishment,' so that's why it's vital that they have their bill of rights.”

— Rep. Marco Erickson (dailyfly.com)

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 potentially amend the legislation.

The takeaway

This legislation aims to protect some of Idaho's most vulnerable children by establishing clear rights and oversight for youth in the state's foster care system and residential treatment facilities. It comes in response to past reports of abuse and neglect, underscoring the importance of safeguarding the wellbeing of children in state care.