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

H 246 — DOMESTIC RELATIONS – Amends and adds to existing law to provide that an emergency or disaster declaration shall not be considered a compelling governmental interest sufficient to restrict parental rights.

Last action — Reported Signed by Governor on April 26, 2021 Session Law Chapter 286 Effective: 04/26/2021

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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 24, 2021. Enacted.

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Advancing 50% · moderate confidence

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

51 added · 41 removed

51 line(s) added, 41 removed.

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246 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO DOMESTIC RELATIONS;
246, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO DOMESTIC RELATIONS;
AMENDING SECTION 32-1013, IDAHO CODE, TO PROVIDE THAT A COURT MAY NOT VIOLATE PARENTAL RIGHTS OR RESTRICT OR INTERFERE WITH PARENTAL RIGHTS EXCEPT UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN EMERGENCY, EXTREME EMERGENCY, EXTREME PERIL, OR DISASTER DECLARATION OR ORDER SHALL NOT BE CONSIDERED A COMPELLING GOV- ERNMENTAL INTEREST SUFFICIENT TO RESTRICT PARENTAL RIGHTS, TO PROVIDE FOR STATUTORY CONSTRUCTION, AND TO MAKE A TECHNICAL CORRECTION;
AMENDING SECTION 32-1010, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO PROVIDE A CORRECT CODE REFERENCE, TO PROVIDE SEVERABILITY, AND TO MAKE A TECHNICAL CORRECTION;
AMENDING CHAPTER 10, TITLE 32, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 32-1014, IDAHO CODE, TO PROVIDE THAT CERTAIN ORDERS, PROCLAMATIONS, OR DECLARATIONS SHALL NOT BE CONSIDERED JUSTIFICATION FOR FORCED MEDICAL ACTION ON A CHILD, FORCED REMOVAL OF A CHILD FROM THE HOME, OR THE VIOLATION OF OR INTERFERENCE WITH PARENTAL RIGHTS;
That Section 32-1013, Idaho Code, be, and the same is hereby amended to read as follows:
That Section 32-1010, Idaho Code, be, and the same is hereby amended to read as follows:
32-1013.
32-1010.
INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RE- STRICTED.
INTENT OF THE LEGISLATURE -- IDAHO PARENTAL RIGHTS ACT.
(1) Neither the state of Idaho, nor any political subdivision or court thereof, may violate a parent's fundamental and established rights protected by this act, and any restriction of or interference with such rights shall not be upheld unless it demonstrates by clear and convincing evidence that the restriction or interference is both:
(1) This section through section 32-1014, Idaho Code, shall be known and may be cited as the "Idaho Parental Rights Act." (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation's history and tradition.
(a) Essential to further a compelling governmental interest, provided that at no time shall an emergency, extreme emergency, extreme peril, or disaster declaration or order be considered a compelling governmental interest sufficient to justify forced medical action, forced removal of a child from the home, or any other action that could abridge parental rights as described in this chapter ;
They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States.
and (b) The least restrictive means available for the furthering of that compelling governmental interest.
(23) The interests of the parents includes the high duty and right to nurture and direct their children's destiny, including their upbringing and education.
(2) The foregoing principles apply to any interference whether now ex- isting or hereafter enacted.
(34) The state of Idaho has independent authority to protect its par- ents' fundamental right to nurture and direct their children's destiny, up- bringing and education.
(3) Nothing in this act shall be construed as invalidating the provi- sions 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.
(45) The protections and rights recognized in sections 32-1011 through 32-1013 4, Idaho Code, are rooted in the due process of law guaranteed pur- suant to section 13, article I, of the constitution of the state of Idaho.
Nothing in this section shall be construed to modify any ex - isting, or create any new, compelling governmental interest.
(56) Governmental efforts that restrict or interfere with these funda- mental rights are only permitted if that restriction or interference satis- fies the strict scrutiny standard provided in section 32-1013, Idaho Code.
(4) When a parent's fundamental rights protected by this act are vio- lated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental en- tity.
(67) Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations.
(5) If a parent prevails in a civil action against the state, or a polit- ical subdivision thereof, as provided in subsection (4) of this section, the parent is entitled to reasonable attorney's fees and costs.
(8) The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act.
That Chapter 10, Title 32, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 32-1014, Idaho Code, and to read as follows:
32-1014.
EMERGENCY ORDER NOT JUSTIFICATION TO INTERFERE WITH PARENTAL RIGHTS.
At no time shall the existence of any order, proclamation, or decla- ration issued pursuant to chapter 6 or 10, title 46, Idaho Code, be consid- ered essential to further a compelling governmental interest to justify:
(1) Forced medical action on a child;
(2) Forced removal of a child from the home;
or (3) The violation of or interference with a parent's fundamental and established rights protected by the Idaho parental rights act.
SECTION 3.
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Amendments

1 amendment

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Action History

  1. Reported Signed by Governor on April 26, 2021 Session Law Chapter 286 Effective: 04/26/2021

  2. Delivered to Governor at 8:05 a.m. on April 23, 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 - 65-0-5AYES – Adams, Addis, Amador, Andrus, Armstrong, Barbieri, Berch, Blanksma, Boyle, Bundy, Cannon, Chaney, Chew, Christensen, Clow, Davis(Burns), DeMordaunt, Dixon, Ehardt, Ferch, Furniss, Gannon, Gestrin, 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, Vander Woude, von Ehlinger, Weber, Wisniewski, Wood, Yamamoto, Young, Youngblood, Mr. SpeakerNAYS – NoneAbsent – Crane, Erickson, Galloway, Gibbs, TroyFloor 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 - 34-0-1AYES – Agenbroad, Anthon, Bair, Bayer, Burgoyne, 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 – BurtenshawFloor 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 – Adams, Addis, Amador, Andrus, Armstrong, Barbieri, Berch, Blanksma, Boyle, Bundy, Cannon, Chew, Christensen, Clow, Crane, DeMordaunt, Dixon, Erickson, Ferch, Furniss, Galloway, Gannon, Gestrin, 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 – Chaney, Davis, EhardtFloor Sponsor - DixonTitle apvd - to Senate

  27. U.C. to hold place on third reading calendar one legislative day

  28. Read second time; Filed for Third Reading

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

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

  31. 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

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors H 246?
H 246 is sponsored by JUDICIARY, RULES AND ADMINISTRATION COMMITTEE.
What is the current status of H 246?
This bill has been enacted into law. Introduced February 24, 2021. Enacted.
Where can I track H 246?
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