Amends existing law to establish provisions regarding supervised visitation.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1394 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO CHILD CUSTODY; AMENDING SECTION 32-717E, IDAHO CODE, TO REVISE2 PROVISIONS REGARDING SUPERVISED VISITATION; AND DECLARING AN EMERGENCY3 AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 32-717E, Idaho Code, be, and the same is hereby6 amended to read as follows:7 32-717E. SUPERVISED VISITATION -- SUPERVISED ACCESS PROVIDERS --8 RECORD CHECKS. (1) If the court orders supervised visitation in proceedings9 between parents in which custody and parenting time of a minor child is at10 issue, the court shall state in its decision the reasons for supervised visi-11 tation. The supervised visitation order shall be reviewed within forty-nine12 (49) calendar days of the initial order. Absent good cause shown by clear and13 convincing evidence, supervised visitation shall not be ordered or contin-14 ued.15 (2) All supervised visitation orders shall include clear, objective16 conditions for transition to unsupervised parenting time and periodic re-17 views at intervals not to exceed ninety (90) days, unless otherwise ordered18 by the court for good cause.19 (3) Preference shall be given to unpaid supervised access providers20 agreed on by the parties.21 (4) In cases in which a court has ordered that contact between a per-22 son and one (1) or more children shall take place only in the presence of an23 approved provider, or where the court has ordered supervised exchanges or24 transfers of one (1) or more children, the court may appoint an individual25 or entity as a supervised access provider to provide such supervised access26 or to facilitate such exchanges or transfers. The qualifications and duties27 of supervised access providers shall be as specified in rules adopted by the28 supreme court. A supervised access provider who is paid for providing super-29 vised access services shall, prior to acting in such capacity and at his or30 her own cost, submit to a fingerprint-based criminal history check through31 any law enforcement office in the state providing such service. The crimi-32 nal history check shall include a statewide criminal identification bureau33 check, federal bureau of investigation criminal history check, child abuse34 registry check, adult protection registry check and statewide sex offender35 registry check. A record of all background checks shall be maintained in the36 office of the supreme court of the state of Idaho.37 (5) A parent's legitimate inability to attend supervised visitation38 shall not be deemed a voluntary relinquishment of time.39 (6) Nothing in this section shall be construed to permit the use of40 supervised visitation as a punitive measure, leverage, or a substitute for41 proof of unfitness.42

2 (7) The provisions of this section apply only to custody and parenting1 time determinations between parents and shall not modify, limit, or super-2 sede proceedings under chapter 16, title 16, Idaho Code.3

SECTION 2. An emergency existing therefor, which emergency is hereby4 declared to exist, this act shall be in full force and effect on and after5 July 1, 2026.6