As states continue to grapple with how pregnancy-related drug use is handled in child welfare systems, Idaho’s policy has drawn renewed scrutiny in federal court. In Idaho, mothers who test positive for THC after giving birth can be substantiated for child abuse or neglect and placed on the state’s Child Protection Central Registry. A March 18, 2025 federal court order expanded that challenge into a certified class action covering women currently on the registry for prenatal THC use and those who could be added in the future.
Federal court certifies class in challenge to Idaho registry policy
The case centers on the Idaho Department of Health and Welfare and its enforcement of Idaho Administrative Code 16.06.01.563.02a, which classifies prenatal use of a controlled substance without a prescription as child abuse or neglect, according to court filings in Rossow v. Jeppesen. U.S. District Judge B. Lynn Winmill certified the class on March 18, 2025, allowing the lawsuit to proceed on behalf of women currently listed on the registry for THC use during pregnancy and women who may be substantiated under the rule in the future.
Court records identify two named plaintiffs, Keeva Rossow and Serah Thompson. The judge wrote that Rossow was placed on the registry in December 2021 after testing positive for THC following the birth of her daughter, and that Thompson was placed on the registry in April 2022 after prenatal THC use. The same order states both children were born healthy.
The scale is significant, according to the class-certification order. As of March 30, 2024, 2,843 individuals were listed on Idaho’s Child Protection Central Registry for violations of the rule, and the court said more than 1,000 of them were women placed there for prenatal THC use. Under the rule, a Level Two designation requires placement on the registry for a minimum of 10 years, the court said.
The confirmed impact in Idaho is tied to the state’s confidential Child Protection Central Registry, which the Department of Health and Welfare says is used to protect children and vulnerable adults from people previously substantiated for abuse, neglect or abandonment. The department also states that registry information may be disclosed with consent during certain background checks or when required by law. That means placement can carry consequences beyond the initial child welfare finding.
What is not publicly known is a comprehensive county-by-county or hospital-by-hospital breakdown of affected Idaho cases. The department has not released a full public list of women placed on the registry for prenatal THC use, and the registry itself is confidential under Idaho rules. Court records provide aggregate figures, but they do not identify all affected communities across the state.
The appeal process is also confirmed in state regulations. Before a person is added to the registry, the department must notify that individual by certified mail, and the person has 28 days to request an administrative review. If the substantiation is upheld, the person can continue to a contested case appeal, according to Idaho administrative rules.
The underlying cause is Idaho’s administrative framework, not a newly enacted statute. The federal court said the Department of Health and Welfare adopted the rule in 2007, and the rule treats prenatal use of a controlled substance without a prescription as child abuse or neglect. Because Idaho categorizes THC as a controlled substance, the regulation has been used to substantiate mothers after childbirth when testing shows THC exposure, according to court orders.
The lawsuit argues that this use of the registry does not match the registry’s stated purpose. In a 2026 order allowing key claims to continue, the court said the plaintiffs had plausibly alleged a mismatch between the state’s asserted interest in protecting preborn life and a registry that Idaho law establishes to protect existing children from people who have abused, neglected or abandoned them. The judge did not finally decide that issue, but allowed the challenge to move forward.
For Idaho residents, the immediate takeaway is that the policy remains in effect while the litigation continues. The Department of Health and Welfare says a substantiated incident can place someone on the registry, and removal is not automatic once the minimum time has passed; a person must request removal. The class action means the legality of Idaho’s prenatal-THC registry policy will now be tested on a statewide basis in federal court.