OPE follow-up finds progress after House Bill 723 but four policy gaps remain in oversight of children's residential care

Tasha Schrider, senior evaluator with the Office of Performance Evaluations, told the Joint Legislative Oversight Committee that a year of follow-up work shows substantial progress on oversight of children's residential care but that four policy decisions remain for the Legislature.

"As of July 1, Idaho had 30 licensed facilities and 1 therapeutic outdoor program," Schrider said, and she told the committee that House Bill 723 codified several of OPE’s recommendations, including a youth bill of rights and an annual unannounced survey requirement. She said 15 of 19 OPE recommendations are complete or in progress, two are tied to licensing’s new data system, and four reflect statutory gaps that only the Legislature can resolve.

Why it matters: OPE’s review focused on whether measurable steps had been taken, not on evaluating the quality or impact of changes. The outstanding items are targeted policy choices about the scope of licensing authority and the balance between transparency, enforcement, and resources.

The four open items are: expanding licensing authority to include treatment oversight so the state can verify whether treatment described in plans is actually delivered; considering public reporting of restraint and seclusion so legislators and the public can evaluate trends; assigning a single entity to investigate allegations of abuse by facility staff; and creating a pathway to place substantiated facility staff on the child protection central registry so staff cannot "facility hop." Schrider cited national examples where similar gaps led to significant problems and litigation.

Department officials, including Deputy Director Monte Pro, said the department supports many of the changes but that cost estimates are not yet available. "We do not have any pricing or costs," Schrider said in response to a question about budget impacts, and Deputy Director Pro told the committee that the department would need legislative direction and triage of priorities to produce accurate estimates.

Next steps: Committee members discussed legislative drafting and potential budget requests. Representative Birch said lawmakers need cost analyses to write meaningful bills, and Deputy Director Pro offered to coordinate with legislators to develop estimates. The committee voted to accept and close the OPE follow-up report with the intent to work collaboratively on legislative solutions for the remaining items.