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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
524
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CUSTODY;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
SEC
-
2
TION
18
-
4506,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
CHILD
CUSTODY
3
INTERFERENCE
AND
TO
ESTABLISH
PROVISIONS
REGARDING
PENALTIES
AND
EN
-
4
FORCEMENT;
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
5
A
NEW
SECTION
32
-
717F,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
6
ADDITIONAL
PERIODS
OF
PHYSICAL
CUSTODY
OR
VISITATION;
AND
DECLARING
AN
7
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
to
10
strengthen
Idaho's
child
custody
interference
law
by
clarifying
enforcement
1
1
duties,
providing
uniform
guidance,
establishing
objective
timelines
for
12
response
and
compliance,
and
implementing
a
graduated
penalty
structure
13
that
ensures
proportional
accountability.
The
Legislature
affirms
that
14
child
custody
interference
is
a
criminal
offense
under
Title
18,
Idaho
Code,
15
and
is
distinct
from
kidnapping.
The
Legislature
further
intends
to
ensure
16
that
children
subject
to
custodial
interference
receive
prompt
welfare
17
checks
and
that
parents
deprived
of
lawful
parenting
time
receive
timely
18
restoration
without
requiring
modification
of
custody
orders.
19
SECTION
2.
That
Section
18
-
4506,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
18
-
4506.
CHILD
CUSTODY
INTERFERENCE
DEFINED
-
-
DEFENSES
-
-
PUNISH
-
22
MENT.
1.
(1)
A
person
commits
child
custody
interference
if
the
person,
23
whether
a
parent
or
other,
or
agent
of
that
person,
intentionally
and
without
24
lawful
authority:
25
(a)
Takes,
entices
away,
keeps
or
withholds
any
minor
child
from
a
26
parent
or
another
person
or
institution
having
custody,
joint
cus
-
27
tody,
visitation
or
other
parental
rights,
whether
such
rights
arise
28
from
temporary
or
permanent
custody
order,
or
from
the
equal
custodial
29
rights
of
each
parent
in
the
absence
of
a
custody
order;
or
30
(b)
Takes,
entices
away,
keeps
or
withholds
a
minor
child
from
a
parent
31
after
commencement
of
an
action
relating
to
child
visitation
or
custody
32
but
prior
to
the
issuance
of
an
order
determining
custody
or
visitation
33
rights.
34
2.
(2)
It
shall
be
an
affirmative
defense
to
a
violation
of
the
provi
-
35
sions
of
subsection
1.
(1)
of
this
section
that:
36
(a)
The
action
is
taken
to
protect
the
child
from
imminent
physical
37
harm;
38
(b)
The
action
is
taken
by
a
parent
fleeing
from
imminent
physical
harm
39
to
himself;
40
(c)
The
action
is
consented
to
by
the
lawful
custodian
of
the
child;
or
41
2
(d)
The
child
is
returned
within
twenty
-
four
(24)
four
(4)
hours
after
1
expiration
of
an
authorized
visitation
privilege
or
custody
period
.
2
3.
A
violation
of
the
provisions
of
subsection
1.
of
this
section
shall
3
be
a
felony,
unless
the
defendant
did
not
take
the
child
outside
the
state,
4
and
the
child
was
voluntarily
returned
unharmed
prior
to
the
defendant's
ar
-
5
rest
in
which
case
the
violation
shall
be
reduced
to
a
misdemeanor.
6
4.
(3)
Any
reasonable
expenses
incurred
by
a
lawful
custodian
in
locat
-
7
ing
or
attempting
to
locate
a
child
taken
in
violation
of
the
provisions
of
8
subsection
1.
of
this
section
may
be
assessed
against
the
defendant
at
the
9
court's
discretion
in
accordance
with
chapter
53,
title
19,
Idaho
Code.
10
(4)(a)
A
person
guilty
of
child
custody
interference
shall
be
punished
1
1
as
follows:
12
(i)
For
a
first
offense,
such
person
shall
be
subject
to
an
in
-
13
fraction
punishable
by
a
fine
not
to
exceed
one
hundred
dollars
14
($100).
15
(ii)
For
a
second
offense,
such
person
shall
be
subject
to
an
in
-
16
fraction
punishable
by
a
fine
not
to
exceed
three
hundred
dollars
17
($300).
18
(iii)
For
a
third
offense,
such
person
shall
be
guilty
of
a
mis
-
19
demeanor
punishable
by
a
fine
not
to
exceed
one
thousand
dollars
20
($1,000)
and
imprisonment
not
to
exceed
two
(2)
days.
21
(iv)
For
a
fourth
offense,
such
person
shall
be
guilty
of
a
misde
-
22
meanor
punishable
by
a
fine
not
to
exceed
two
thousand
five
hundred
23
dollars
($2,500)
and
imprisonment
not
to
exceed
two
(2)
days.
24
(v)
For
a
fifth
offense
and
subsequent
offenses,
such
person
25
shall
be
guilty
of
a
felony
punishable
by
a
fine
not
to
exceed
five
26
thousand
dollars
($5,000),
imprisonment
not
to
exceed
one
(1)
27
year,
or
both
such
fine
and
imprisonment.
28
(b)
For
any
report
of
child
custody
interference,
law
enforcement
offi
-
29
cers
shall,
within
four
(4)
hours
of
receipt
of
the
report:
30
(i)
Verify
the
location
of
the
minor
child,
if
possible;
31
(ii)
Check
the
safety
and
well
-
being
of
the
child;
and
32
(iii)
Complete
a
written
offense
report
based
on
the
law
enforce
-
33
ment
officer's
findings.
Such
report
shall
include,
at
a
minimum:
34
1.
The
date
and
time
of
the
safety
check;
35
2.
The
location
of
the
child;
36
3.
The
observable
physical
condition
of
the
child;
and
37
4.
Any
statements
made
by
the
child
or
caregivers
relevant
38
to
the
child's
safety
or
well
-
being.
39
(5)
Failure
by
a
law
enforcement
agency
to
comply
with
the
requirements
40
and
timelines
of
this
section
shall
be
subject
to
review
under
applicable
41
state
oversight,
training,
or
disciplinary
procedures.
42
(6)
Additional
periods
of
physical
custody
or
visitation
of
the
minor
43
child
to
compensate
for
the
denial
of
physical
custody
or
visitation
to
the
44
lawful
custodian
of
the
minor
child
in
violation
of
this
section
shall
be
45
governed
pursuant
to
section
32
-
717F,
Idaho
Code.
46
SECTION
3.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
47
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
48
ignated
as
Section
32
-
717F,
Idaho
Code,
and
to
read
as
follows:
49
3
32
-
717F.
ADDITIONAL
PERIODS
OF
PHYSICAL
CUSTODY
OR
VISITATION.
(1)
1
Unless
a
party
shows
good
cause
why
the
order
should
not
be
rendered,
the
2
court
shall
order
additional
periods
of
physical
custody
or
visitation
of
a
3
minor
child
or
children
to
compensate
for
the
denial
of
court
-
ordered
physi
-
4
cal
custody
or
visitation
that
resulted
from:
5
(a)
An
investigation
by
the
Idaho
department
of
health
and
welfare,
any
6
law
enforcement
agency,
or
any
authorized
investigative
agency
that
did
7
not
result
in
a
substantiated
finding
of
abuse,
neglect,
or
other
legal
8
basis
to
withhold
contact;
or
9
(b)
Child
custody
interference
pursuant
to
section
18
-
4506,
Idaho
10
Code.
1
1
(2)
A
court
may
order
additional
periods
of
physical
custody
or
visita
-
12
tion
to
compensate
for
the
denial
of
court
-
ordered
physical
custody
or
visi
-
13
tation
of
the
minor
child
or
children
in
instances
not
covered
by
the
provi
-
14
sions
of
subsection
(1)
of
this
section.
15
(3)
The
additional
periods
of
physical
custody
or
visitation
ordered
16
pursuant
to
this
section:
17
(a)
Must
be
of
the
same
type
and
duration
of
the
physical
custody
or
vis
-
18
itation
that
was
denied;
19
(b)
Must
occur
within
two
(2)
years
of
the
date
the
court
finds
that
20
court
-
ordered
physical
custody
or
visitation
of
the
minor
child
or
21
children
has
been
denied;
and
22
(c)
May
include
weekends,
holidays,
and
summers.
23
(4)
The
person
granted
additional
physical
custody
or
visitation
pur
-
24
suant
to
this
section
shall
be
entitled
to
decide
the
time
and
dates
of
such
25
additional
physical
custody
or
visitation,
subject
to
the
limitations
of
26
subsection
(3)
of
this
section.
27
(5)
Nothing
in
this
section
shall:
28
(a)
Create
a
cause
of
action
against
the
Idaho
department
of
health
and
29
welfare,
any
agency,
or
any
agency
employee;
or
30
(b)
Waive
any
sovereign
immunity.
31
(6)
This
section
shall
not
be
construed
as
a
modification
of
a
custody
32
order
and
shall
not
constitute
a
material
and
substantial
change
of
circum
-
33
stances
to
warrant
a
modification
of
a
court
order
or
a
portion
of
a
decree
34
relating
to
physical
custody
or
visitation
of
a
minor
child
or
children.
35
(7)
The
clerk
of
the
court
shall
accept
complaints
alleging
denial
of
36
court
-
ordered
physical
custody
or
visitation
under
this
section.
Accep
-
37
tance
of
such
complaints
is
an
ministerial
act
and
does
not
require
a
notice
38
of
appearance.
39
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
40
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
41
July
1,
2026.
42