Amends existing law to provide restrictions for court-appointed professionals.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 858
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO CHILD CUSTODY; AMENDING SECTION 32-717D, IDAHO CODE, TO ESTAB-	2
LISH RESTRICTION ON COURT-APPOINTED PROFESSIONALS; AND DECLARING AN	3
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	4
Be It Enacted by the Legislature of the State of Idaho:	5
SECTION 1. That Section 32-717D, Idaho Code, be, and the same is hereby	6
amended to read as follows:	7
32-717D. COURT-APPOINTED PROFESSIONALS -- PARENTING COORDINATOR --	8
RESTRICTIONS. (1) Provided that a court has entered a judgment or an order	9
establishing child custody in a case, the court may order the appointment of	10
a parenting coordinator to perform such duties as authorized by the court,	11
consistent with any controlling judgment or order of a court relating to	12
the child or children of the parties, and as set forth within the order of	13
appointment. The court shall direct the parenting coordinator to provide	14
a status report to the court at a time and in a manner as determined by the	15
court. Provided however, that the court shall require the parenting coor-	16
dinator to provide a minimum of one (1) status report to the court at least	17
once every six (6) months. At any time during the period of appointment, the	18
court, on its own initiative, or upon request of the parenting coordinator or	19
either party, may hold a status conference to review the continued appoint-	20
ment of the coordinator and/or the status of the case.	21
(2) Qualification, selection, appointment, termination of appoint-	22
ment, and prescribed duties and responsibilities of a parenting coordinator	23
shall be based upon standards and criteria as adopted by the Idaho supreme	24
court. Provided however, that standards and criteria for qualification	25
and selection of a parenting coordinator, as adopted by the Idaho supreme	26
court, shall not apply to a parenting coordinator selected and agreed to by	27
the parties. In addition, as a condition of any appointment, a parenting	28
coordinator shall:	29
(a) Be neutral to the dispute and to the parties;	30
(b) Be either selected pursuant to agreement of the parties or ap-	31
pointed by the court; and	32
(c) Prior to any appointment, and at their own cost, have submitted to a	33
criminal history check through any law enforcement office in the state	34
providing such service. The criminal history check shall include a	35
statewide criminal identification bureau, the federal bureau of inves-	36
tigation criminal history check, the national crime information center	37
and the statewide sex offender register. A record of all background	38
checks shall be maintained in the office of the supreme court of the	39
state of Idaho with a copy going to the applicant and shall be available	40
for review by the court considering a parenting coordinator appointment	41
prior to an appointment.	42

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(3) In addition to those duties as authorized by the court pursuant to	1
the order of appointment, the responsibilities of a parenting coordinator	2
shall include collaborative dispute resolution in parenting. The parenting	3
coordinator shall act to empower the parties in resuming parenting controls	4
and decision-making, and minimize the degree of conflict between the parties	5
for the best interests of the children.	6
(4) The court shall allocate the fees and costs of the parenting coordi-	7
nator between the parties and may enter an order against either or both par-	8
ties for the reasonable costs, fees and disbursements of the parenting coor-	9
dinator. Any dispute regarding payment of the fees and costs of the parent-	10
ing coordinator shall be subject to review by the court upon request of the	11
parenting coordinator or either party.	12
(5) The court may award attorney's fees and costs to the prevailing	13
party on a motion to set aside or modify the decision of a parenting coordi-	14
nator.	15
(6) Court-appointed professionals shall serve in an advisory capacity	16
only. Final determinations regarding custody, parenting time, and deci-	17
sion-making authority shall remain with the court. Any report relied on by	18
the court shall be disclosed to both parents, and the author must be made	19
available for cross-examination upon request.	20
SECTION 2. An emergency existing therefor, which emergency is hereby	21
declared to exist, this act shall be in full force and effect on and after	22
July 1, 2026.	23

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