Research & Evaluation
Termination of Parental Rights-Idaho's Success Story
In 1999 parents with disabilities in Idaho raised concerns about losing custody of their children based on parental disability. The Idaho SILC developed a committee, called FAMILY (Fathers and Mothers Independently Living with their Youth), to examine the issue. FAMILY consisted of people with disabilities, advocates, legislators and members of disability organizations. They determined that legislative reform was necessary to meet their goal of creating “a process that was consistent and guaranteed that no parent would lose custody of his/her children solely due to the fact that they had a disability (Idaho SILC, 2005).” Working as a coalition representing parents with all kinds of disabilities, FAMILY intended to eliminate inappropriate disability language in Idaho statutes and create a fair and consistent parental evaluation system that allowed parents with disabilities to show how adaptive equipment and support services helped them parent their children.
FAMILY’s advocacy efforts took four years. They relied on a national organization, Through the Looking Glass, for important technical assistance and consultation. FAMILY also partnered with Senator Robbi Barrutia, who was passionate and determined to pass this legislation. Bills were introduced in the Idaho legislature in 2000 and 2001. However, despite numerous testimonials by parents with disabilities who had lost parental rights based upon their disability, and overwhelming support in the Senate, the House blocked legislative reform both years. In 2002, the Chair of the House Health and Welfare Committee happened to see I am Sam, a movie about a father with a developmental disability who lost custody of his daughter through a child protection action. Impressed with the movie the Chair took the entire Committee along with Kelly Buckland, the director of the Idaho SILC, to see the film. The portrayal of the father’s abilities to parent his daughter and his struggle within the system were eye opening to committee members.
FAMILY introduced legislation in 2002, this time focusing on divorce, adoption, guardianship, and termination of parental rights, with an emphasis on provisions that allow parents to present evidence detailing how adaptive equipment and support services enable them to parent effectively. This bill passed the House and Senate, and became law. In 2003, FAMILY introduced legislation regarding child protection, with a special emphasis on creating an evaluation system that is consistent and fair for parents, and requiring that child protection investigators be knowledgeable about disability accommodations. This legislation also passed, and Idaho became the first state in the nation to include disability protections in their termination of parental rights statutes.
For more information about the SILC’s FAMILY Committee and its legislative efforts, see www.2.state.id.us/silc/legislupdate.htm.