Bill > H0668

This bill strengthens Idaho's child custody interference law by clarifying enforcement, providing uniform guidance, and implementing a graduated penalty structure, affirming that child custody interference is a criminal offense distinct from kidnapping and ensuring prompt welfare checks for affected children. It revises existing law to define child custody interference, allowing for affirmative defenses if actions are taken to protect the child from imminent harm, if a parent is fleeing imminent harm, or if the lawful custodian consents. A new affirmative defense is added for temporary impracticability due to circumstances beyond the charged party's control, provided specific conditions are met, including reasonable efforts to notify the other parent and mitigate the delay. The bill also establishes a tiered penalty system, starting with infractions for first and second offenses, escalating to misdemeanors for third and fourth offenses, and felonies for fifth and subsequent offenses, with a felony also applicable if the child is taken out of state for more than 24 hours. Furthermore, law enforcement officers are required to verify the child's location, check their safety and well-being, and complete a detailed written report for any reported incident. Finally, the bill allows for reasonable expenses incurred by a lawful custodian in locating a child to be assessed against the defendant and mandates that additional periods of custody or visitation be governed by existing Idaho law.

Justice

Judiciary, Rules and Administration Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0668/