Adds to existing law to provide for restoration of lost parenting time.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 859
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO CHILD CUSTODY; AMENDING CHAPTER 7, TITLE 32, IDAHO CODE, BY THE	2
ADDITION OF A NEW SECTION 32-717F, IDAHO CODE, TO ESTABLISH PROVISIONS	3
REGARDING RESTORATION OF LOST PARENTING TIME; AND PROVIDING AN EFFEC-	4
TIVE DATE.	5
Be It Enacted by the Legislature of the State of Idaho:	6
SECTION 1. That Chapter 7, Title 32, Idaho Code, be, and the same is	7
hereby amended by the addition thereto of a NEW SECTION, to be known and des-	8
ignated as Section 32-717F, Idaho Code, and to read as follows:	9
32-717F. RESTORATION OF LOST PARENTING TIME. (1) If a parent's cus-	10
tody is restricted, suspended, or supervised due to an allegation of abuse	11
that is adjudicated by the court and found to be unsubstantiated or insuf-	12
ficient to meet the clear and convincing evidence standard, the court shall	13
order restoration of the lost parenting time. Willful interference with a	14
restoration order shall result in enforceable remedies, including contempt	15
and compensatory parenting time, and the court shall refer apparent viola-	16
tions of title 18, Idaho Code, relating to custody interference to the appro-	17
priate prosecuting attorney.	18
(2) A restoration plan shall provide for prompt recovery of equivalent	19
parenting time in a manner that minimizes disruption to the child and pre-	20
serves stability and continuity, including comparable time for missed holi-	21
days, school breaks, or special periods.	22
(3) Restoration of lost parenting time shall occur without undue delay.	23
When a parent knowingly denies court-ordered custody or parenting time with-	24
out lawful justification, the court shall award compensatory parenting time	25
equal in type and duration to the time denied. Such compensatory parent-	26
ing time shall be exercised as soon as reasonably practicable, unless clear	27
and convincing evidence establishes that immediate restoration would pose a	28
risk of substantial harm to the child.	29
(4) For the purposes of this section, "restoration plan" means a writ-	30
ten plan or schedule that sets forth the timing, conditions, and process for	31
the restoration or progression of a parent's custody or parenting time to a	32
parent's lawful entitlement under the default custody framework established	33
by law or an otherwise lawful final custody order.	34
SECTION 2. This act shall be in full force and effect on and after Jan-	35
uary 1, 2027.	36

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