Idaho 66th Legislature, 1st Regular Session (2021) Status: Enacted

H 191 — DOMESTIC RELATIONS – Adds to existing law to provide for a delegation of parental powers to a temporary caregiver through a power of attorney and to provide requirements for temporary care assistance programs.

Last action — Reported Signed by Governor on April 22, 2021 Session Law Chapter 269 Effective: 07/01/2021

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

This bill has been enacted into law. Introduced February 16, 2021. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

93 added · 73 removed

93 line(s) added, 73 removed.

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191 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO DOMESTIC RELATIONS;
191, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO DOMESTIC RELATIONS;
AMENDING TITLE 32, IDAHO CODE, BY THE AD- DITION OF A NEW CHAPTER 18, TITLE 32, IDAHO CODE, TO PROVIDE FOR A DELEGATION OF PARENTAL POWERS, TO PROVIDE FOR A RETENTION OF PARENTAL RIGHTS, TO PROVIDE THAT A TEMPORARY CAREGIVER MAY NOT RECEIVE FINANCIAL PAYMENTS EXCEPT FOR THE REIMBURSEMENT OF ACTUAL EXPENSES, TO DEFINE A TERM AND TO PROVIDE FOR A CERTAIN DISCLOSURE, AND TO PROVIDE REQUIRE- MENTS FOR TEMPORARY CARE ASSISTANCE PROGRAMS.
AMENDING TITLE 32, IDAHO CODE, BY THE AD- DITION OF A NEW CHAPTER 18, TITLE 32, IDAHO CODE, TO PROVIDE FOR A DELEGATION OF PARENTAL POWERS, TO PROVIDE FOR A RETENTION OF PARENTAL RIGHTS, TO PROVIDE THAT A TEMPORARY CAREGIVER MAY NOT RECEIVE FINANCIAL PAYMENTS EXCEPT FOR THE REIMBURSEMENT OF ACTUAL EXPENSES, TO DEFINE A TERM AND TO PROVIDE FOR A CERTAIN DISCLOSURE, TO PROVIDE REQUIREMENTS FOR TEMPORARY CARE ASSISTANCE PROGRAMS, AND TO PROVIDE FOR STATUTORY CONSTRUCTION.
(4) A delegation of parental rights and responsibilities made pursuant to this section may last for up to six (6) months.
The process must include a check against the Idaho child protection central registry operated by the Idaho department of health and welfare.
The process must include a check against the Idaho child protection central registry oper- ated by the Idaho department of health and welfare.
The process must also in- clude a criminal history and background check conducted by the department of health and welfare, which may assess a fee to the temporary care assistance program to cover costs associated with the criminal history and background check.
(3) The temporary care assistance program must disclose to any parent or guardian using its services that any delegation of parental rights and re- sponsibilities shall be made to a temporary caregiver, not to the temporary care assistance program itself.
32-1806.
STATUTORY CONSTRUCTION.
(1) Nothing in this chapter shall be construed to affect any delegation of powers made pursuant to section 15-5- 104, Idaho Code.
(2) Nothing in this chapter shall be construed as invalidating the pro- visions of the child protective act in chapter 16, title 16, Idaho Code, or shall modify the burden of proof at any stage of proceedings under the child protective act.
Nothing in this chapter shall be construed to modify any ex- isting, compelling governmental interest.
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Amendments

1 amendment

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Action History

  1. Reported Signed by Governor on April 22, 2021 Session Law Chapter 269 Effective: 07/01/2021

  2. Delivered to Governor at 10:25 a.m. on April 19, 2021

  3. Returned Signed by the President; Ordered Transmitted to Governor

  4. Signed by President; returned to House

  5. Received from the House enrolled/signed by Speaker

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

  7. Read third time in full as amended in Senate – Previously Read in Full – PASSED - 67-1-2AYES – Adams, Addis, Amador, Andrus, Armstrong, Barbieri, Blanksma, Boyle, Bundy, Cannon, Chaney, Chew, Christensen, Clow, Crane, Davis, DeMordaunt, Dixon, Ehardt, Erickson, Ferch, Furniss(Blanchard), Galloway, Gannon, Gibbs, Giddings, Green, Hanks, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Lickley, Manwaring, Marshall, Mathias, McCrostie, Mendive, Mitchell, Monks, Moon, Moyle, Nash, Nate, Necochea, Nichols, Okuniewicz, Palmer, Rubel, Ruchti, Scott, Shepherd, Skaug, Syme, Toone, Troy, Vander Woude, von Ehlinger, Weber, Wisniewski, Yamamoto, Young, Youngblood, Mr. SpeakerNAYS – BerchAbsent – Gestrin, WoodFloor Sponsor - DixonTitle apvd - to enrol

  8. Read second time as amended in Senate; Filed for Third Reading

  9. Read first time as amended in Senate; Filed for Second Reading

  10. Reported Engrossed; Filed for First Reading of Engrossed Bills

  11. Bills as Amended Referred to JRA for Engrossing

  12. House Concurred in Senate Amendments

  13. Reported out of Committee and Recommend Concurrence

  14. Referred to Judiciary, Rules & Administration for concurrence recommendation

  15. Returned from the Senate Amended

  16. Read third time as amended in the Senate – PASSED - 35-0-0AYES – Agenbroad, Anthon, Bair, Bayer, Burgoyne, Burtenshaw, Cook, Crabtree, Den Hartog, Grow, Guthrie, Harris, Heider, Johnson, Lakey, Lee, Lent, Lodge, Martin, Nelson, Nye, Patrick, Rabe, Rice, Ricks, Riggs, Souza, Stennett, Thayn, Vick, Ward-Engelking, Winder, Wintrow, Woodward, ZitoNAYS – NoneAbsent and excused – NoneFloor Sponsor - LeeTitle apvd - to House

  17. Read second time as amended in the Senate, filed for Third Reading

  18. Read first time as amended in the Senate; Filed for Second Reading

  19. Amendments reported printed

  20. Reported out as amended; filed for first reading

  21. Amendments ordered printed

  22. Placed in the Committee of the Whole

  23. Reported out of committee; to 14th Order for amendment

  24. Introduced, read first time; referred to: Judiciary & Rules

  25. Received from the House passed; filed for first reading

  26. Read Third Time in Full – Previously Read in Full – PASSED - 67-0-3AYES – Addis, Amador, Andrus, Armstrong, Barbieri, Berch, Blanksma, Boyle, Bundy, Cannon, Chaney, Chew, Christensen, Clow, Crane, Davis, Dixon, Ehardt, Erickson, Ferch, Furniss, Galloway, Gannon, Gibbs, Giddings, Green, Hanks, Harris, Hartgen, Holtzclaw, Horman, Kauffman, Kerby, Kingsley, Lickley, Manwaring, Marshall, Mathias, McCrostie, Mendive, Mitchell, Monks, Moon, Moyle, Nash, Nate, Necochea, Nichols, Okuniewicz, Palmer, Rubel, Ruchti, Scott, Shepherd, Skaug, Syme, Toone, Troy, Vander Woude, von Ehlinger, Weber, Wisniewski, Wood, Yamamoto, Young, Youngblood, Mr. SpeakerNAYS – NoneAbsent – Adams, DeMordaunt, GestrinFloor Sponsor - DixonTitle apvd - to Senate

  27. Read second time; Filed for Third Reading

  28. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

  29. Reported Printed and Referred to Judiciary, Rules & Administration

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

Sponsors

  • RULES AND ADMINISTRATION COMMITTEE JUDICIARY · Primary

Sponsorship breakdown

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

Sponsors (1)

  • JUDICIARY, RULES AND ADMINISTRATION COMMITTEE

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

Who sponsors H 191?
H 191 is sponsored by JUDICIARY, RULES AND ADMINISTRATION COMMITTEE.
What is the current status of H 191?
This bill has been enacted into law. Introduced February 16, 2021. Enacted.
Where can I track H 191?
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