Idaho Bills
2 bills · 2026 Regular Session
Amends and adds to existing law to provide for penalties and remedies regarding child custody interference.
This legislation strengthens Idaho’s response to child custody interference by clarifying definitions, defenses, enforcement duties, and penalties. It amends current code to clearly define custodial interference, including order violations, and establishes a graduated penalty framework that begins with infractions for first offenses and escalates to misdemeanors and felonies for repeat conduct. The bill requires law enforcement to promptly verify the child’s location and safety and to complete a written offense report within four hours, ensuring that children are seen, assessed, and not left unaccounted for, while also providing accountability through existing oversight and disciplinary mechanisms. The legislation further adds a new family-law provision requiring courts to restore parenting time that was wrongfully denied due to custodial interference or unsubstantiated investigations. Restoration must be of the same type and duration as the time lost and is expressly not treated as a custody modification. This ensures children do not permanently lose time with a fit parent due to procedural delays, enforcement failures, or investigations that do not result in findings of abuse or neglect.
Heather Scott · HD-002A
Amends and adds to existing law to provide for penalties, enforcement requirements, and affirmative defenses regarding child custody interference.
This legislation would strengthen and clarify child custody interference law by describing what conduct qualifies as interference, and refining and expanding affirmative defenses. The language gives law enforcement clearer direction when responding to complaints, including verifying the child’s location, conducting a welfare check, and completing a written report. It also creates a graduated penalty structure that escalates from infractions to eventually felonies, while allowing courts to assess reasonable recovery expenses and clarifying that make-up visitation is governed under existing family law provisions.
Heather Scott · HD-002A
68 – 1