Amends and adds to existing law to establish provisions regarding allegations of abuse and temporary and ex parte orders.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1393 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO CHILD CUSTODY; AMENDING SECTION 32-717C, IDAHO CODE, TO REVISE2 PROVISIONS REGARDING ALLEGATIONS OF ABUSE AND INVESTIGATIONS; AMEND-3 ING CHAPTER 7, TITLE 32, IDAHO CODE, BY THE ADDITION OF A NEW SECTION4 32-717F, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING TEMPORARY AND5 EX PARTE ORDERS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE6 DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 32-717C, Idaho Code, be, and the same is hereby9 amended to read as follows:10 32-717C. ALLEGATIONS OF ABUSE -- INVESTIGATION. (1) When, in any11 divorce proceeding or upon request for modification of a divorce decree, an12 proceeding affecting child custody or parenting time, a credible allegation13 of child abuse or child sexual abuse, neglect, or other criminal acts is14 made, implicating either party, the court shall order by a written notice15 and request that an investigation be conducted by the department of health16 and welfare, or by the appropriate law enforcement agency, if applicable. A17 final award of custody, parenting time, or visitation may shall not be ren-18 dered until a written report on that investigation is received by the court.19 That investigation shall be conducted by the department within thirty (30)20 days of the court's notice and request for investigation. The investigating21 agency shall make reasonable efforts to complete the investigation and sub-22 mit a written report within forty-two (42) calendar days unless extended by23 the court upon documented reasonable cause.24 (2) If an investigation extends beyond forty-two (42) calendar days,25 the investigating agency shall provide written status updates to the court26 every fourteen (14) calendar days. Upon receipt of the investigative re-27 port, the court shall review whether continued restriction meets the clear28 and convincing standard.29 (3) During the investigation, the court may issue temporary protective30 measures only for good cause and in compliance with 32-717F, Idaho Code. Any31 ex parte or temporary order shall state an expiration date and create no pre-32 sumption for or against either parent.33 (4) Findings regarding allegations shall not be based solely on the34 opinions or recommendations of guardians ad litem, evaluators, or other35 court-appointed professionals.36 (5) A safety plan is a nonbinding, nonadjudicative, temporary proposal37 initiated by a governmental entity or government-affiliated actor and shall38 be considered solely as protective in nature.39

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SECTION 2. That Chapter 7, Title 32, Idaho Code, be, and the same is1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-2 ignated as Section 32-717F, Idaho Code, and to read as follows:3 32-717F. TEMPORARY AND EX PARTE ORDERS. (1) A court may enter a tem-4 porary custody order, but such order shall not remain in effect longer than5 forty-nine (49) calendar days, shall create no presumption regarding the6 child's best interests, and shall not operate as a de facto permanent modi-7 fication.8 (2) Any temporary restriction shall expire on the forty-ninth calen-9 dar day unless continued by written findings supported by clear and convinc-10 ing evidence. Nothing in this subsection shall require repeated evidentiary11 hearings where the parties stipulate to continuation or where no party seeks12 modification.13 (3) An ex parte order restricting custody, parenting time, or contact14 may be issued only upon sworn admissible evidence establishing probable15 cause of imminent physical danger to the child or a parent. Speculation,16 generalized fear, or uncorroborated assertions are insufficient. The court17 shall consider known inculpatory and exculpatory evidence.18 (4) An ex parte order shall expire fourteen (14) calendar days from is-19 suance, shall state on its face the date and time of expiration, and shall not20 be extended or converted into a temporary order without a full evidentiary21 hearing and written findings.22 (5) A court shall not delay resolution of a custody matter such that a23 temporary or ex parte order functions as a long-term deprivation of parental24 rights.25

SECTION 3. An emergency existing therefor, which emergency is hereby26 declared to exist, this act shall be in full force and effect on and after27 July 1, 2026.28