Bill > H0524

This bill strengthens Idaho's child custody interference laws by clarifying enforcement, providing uniform guidance, setting timelines for responses, and implementing a graduated penalty system. It defines child custody interference as intentionally taking or withholding a child from a parent or legal custodian without lawful authority, and establishes affirmative defenses such as protecting the child from imminent harm. The bill revises penalties for child custody interference, making repeat offenses more serious, with a fifth offense and subsequent offenses classified as a felony. It also mandates that law enforcement officers must verify a child's location, check their safety and well-being, and complete a report within four hours of receiving a report of interference. Furthermore, the bill introduces provisions for courts to order additional periods of physical custody or visitation to compensate for denied time, whether due to child custody interference or investigations by the Department of Health and Welfare that did not result in substantiated findings of abuse or neglect. These additional periods must be of the same type and duration as the denied time and must occur within two years, with the recipient having discretion over the timing. The bill also clarifies that these provisions do not create a cause of action against the Department of Health and Welfare or waive sovereign immunity, and do not constitute a modification of existing custody orders.

Justice

Judiciary, Rules and Administration Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0524/