Rating: +1

Bill Summary:

Senate Bill 1058 amends Idaho’s Safe Haven Act to incorporate procedures consistent with the federal Indian Child Welfare Act (ICWA). The bill defines “Indian child” according to federal law as a child who is either a member of a federally recognized tribe or eligible for membership and the biological child of a tribal member. While maintaining all core provisions of the Safe Haven Act, including the 30-day surrender window and 24-hour placement requirement, S1058 ensures that when there is reason to believe a surrendered child may be an Indian child, the Department of Health and Welfare must comply with ICWA.

The bill allows—but does not require—parents to voluntarily disclose tribal affiliation and medical history at the time of surrender. If tribal affiliation is disclosed or suspected, the Department must notify the appropriate tribe and the Bureau of Indian Affairs within 10 days and follow ICWA placement requirements. The legislation includes an emergency clause and takes effect July 1, 2025.

Reason for Rating:

S1058 upholds the Idaho Republican Party Platform’s commitment to the rule of law, parental rights, and constitutional sovereignty. It ensures Idaho’s compliance with the federal Indian Child Welfare Act while maintaining the swift, compassionate protections of the Safe Haven law. By allowing for voluntary disclosure of information and avoiding the expansion of state enforcement powers, the bill respects both family autonomy and tribal sovereignty. It strengthens legal clarity and safeguards children’s welfare without compromising state or parental rights. For these reasons, S1058 earns a positive rating.