Idaho 2018 Session Status: Introduced 1 R cosponsors

H 438 — CHILD CUSTODY – Amends existing law to provide that the infliction of certain mental injuries shall constitute child custody interference, to provide that law enforcement shall make a reasonable attempt to contact a defendant in certain instances of child custody interference and to provide that certain divorce decrees shall be maintained in a database.

Last action — Reported Printed and Referred to Ways & Means

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  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

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The bill amends existing laws to define specific mental injury as a form of child custody interference and mandates the establishment of a statewide database for certain divorce decrees.

  • Section 18-4506

    Inflicts mental injury as defined in section 16-1602, Idaho Code, on a child through the use of manipulation or psychological abuse including, but not limited to, parental alienation that creates a significant developmental pathology, personality disorder pathology or delusional-psychiatric pathology as diagnosed by a mental health professional licensed under chapter 18 or 23, title 54, Idaho Code.

    This addition establishes that inflicting certain mental injuries constitutes child custody interference.

  • Section 18-4506

    law enforcement officials shall make a reasonable attempt to contact the defendant by telephone and inform him that failure to return the child as soon as reasonably possible will result in issuance of an arrest warrant.

    This requires law enforcement to attempt contacting the defendant when custody violations occur.

  • Section 18-4506

    All divorce decrees that contain child custody and visitation privileges for children who are currently under eighteen (18) years of age shall be maintained in a statewide registry or database that is easily accessible to law enforcement officials.

    This mandates the creation of a database for easy access to child custody information in divorce decrees.

Action History

  1. Reported Printed and Referred to Ways & Means

  2. Introduced, read first time, referred to JRA for Printing

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 104 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (104)

104 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

Who sponsors H 438?
H 438 is sponsored by Heather Scott (Republican).
What is the current status of H 438?
This bill died with 2018 Session. It reached “Introduced” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track H 438?
Track H 438 free on One Click Politics — get push/email alerts when it moves.

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