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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.
824
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CUSTODY;
PROVIDING
LEGISLATIVE
FINDINGS
AND
INTENT;
2
AMENDING
SECTION
32
-
717,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
3
CHILD
CUSTODY;
REPEALING
SECTION
32
-
717A,
IDAHO
CODE,
RELATING
TO
PAR
-
4
ENTS'
ACCESS
TO
RECORDS
AND
INFORMATION;
AMENDING
CHAPTER
7,
TITLE
5
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
32
-
717A,
IDAHO
CODE,
6
TO
ESTABLISH
PROVISIONS
REGARDING
PARENTS'
ACCESS
TO
RECORDS
AND
IN
-
7
FORMATION;
REPEALING
SECTION
32
-
717B,
IDAHO
CODE,
RELATING
TO
JOINT
8
CUSTODY;
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
9
A
NEW
SECTION
32
-
717B,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
10
CHILD
CUSTODY,
PARENTING
TIME
ORDERS,
EVIDENTIARY
HEARINGS,
AND
COURT
1
1
FINDINGS
AND
ORDERS;
AMENDING
SECTION
32
-
717C,
IDAHO
CODE,
TO
REVISE
12
PROVISIONS
REGARDING
ALLEGATIONS
OF
ABUSE
AND
INVESTIGATIONS;
AMEND
-
13
ING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
14
32
-
717F,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
TEMPORARY
AND
EX
15
PARTE
ORDERS;
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
16
OF
A
NEW
SECTION
32
-
717G,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
17
RESTORATION
OF
LOST
PARENTING
TIME;
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
18
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
32
-
717H,
IDAHO
CODE,
TO
ESTABLISH
19
PROVISIONS
REGARDING
COURT
-
APPOINTED
PROFESSIONALS;
AMENDING
CHAP
-
20
TER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
32
-
717I,
21
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
SUPERVISED
VISITATION;
22
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SEC
-
23
TION
32
-
721,
IDAHO
CODE,
TO
DEFINE
TERMS;
AMENDING
CHAPTER
7,
TITLE
24
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
32
-
722,
IDAHO
CODE,
25
TO
ESTABLISH
PROVISIONS
REGARDING
VIOLATION
OF
PARENTAL
RIGHTS
OR
DUE
26
PROCESS
AND
REMEDIES;
AMENDING
SECTION
7
-
1126,
IDAHO
CODE,
TO
PROVIDE
27
A
CORRECT
CODE
REFERENCE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
28
SECTION
32
-
1704,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE
AND
29
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
32
-
1705,
IDAHO
CODE,
30
TO
PROVIDE
CORRECT
CODE
REFERENCES
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
31
AMENDING
SECTION
39
-
6306,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFER
-
32
ENCE
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
PROVIDING
APPLICABILITY;
AND
33
PROVIDING
AN
EFFECTIVE
DATE.
34
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
35
SECTION
1.
LEGISLATIVE
FINDINGS
AND
INTENT.
(1)
The
Legislature
finds
36
that:
37
(a)
Parenthood
is
a
natural
and
fundamental
relationship
from
which
38
inherent
parental
rights
and
responsibilities
arise,
protected
by
the
39
United
States
Constitution
and
the
Constitution
of
the
State
of
Idaho;
40
(b)
A
parent
has
the
right,
obligation,
responsibility,
and
authority
41
to
raise,
manage,
train,
educate,
provide
for,
and
reasonably
disci
-
42
pline
the
parent's
child;
43
2
(c)
The
role
of
the
state
is
secondary
and
supportive
to
the
primary
1
role
of
a
parent;
2
(d)
A
parent's
fundamental
rights
may
be
restricted
only
upon
a
judi
-
3
cial
finding
of
unfitness
or
necessity,
supported
by
clear
and
convinc
-
4
ing
evidence;
and
5
(e)
The
interests
of
the
state
favor
preservation
and
not
severance
of
6
natural
familial
bonds
in
circumstances
where
a
positive,
nurturing
7
parent
-
child
relationship
can
exist,
including
extended
family
associ
-
8
ation
and
support.
The
procedural
safeguards
contained
in
this
act
are
9
essential
to
the
best
interests
of
the
child.
10
(2)
The
Legislature
declares
that
family
court
proceedings
affecting
1
1
the
custody,
care,
or
visitation
of
a
child
implicate
fundamental
liberty
12
interests.
13
(3)
It
is
the
intent
of
the
Legislature
to:
14
(a)
Protect
children
by
preserving
stable
relationships
with
fit
par
-
15
ents;
16
(b)
Ensure
that
restrictions
on
parental
rights
are
narrowly
tailored,
17
based
on
clear
and
convincing
evidence,
and
are
the
least
restrictive
18
means
available;
19
(c)
Promote
transparency,
accountability,
and
timely
judicial
action
20
in
all
custody
matters;
and
21
(d)
Promote
stability,
reduce
unnecessary
litigation,
and
support
22
the
child's
meaningful
relationship
with
fit
parents
by
establishing
23
clear,
uniform
standards
for
custody
determinations.
24
SECTION
2.
That
Section
32
-
717,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
32
-
717.
CUSTODY
OF
CHILDREN
-
-
BEST
INTEREST.
(1)
In
an
action
for
di
-
27
vorce
When
parents
cannot
reach
an
agreement
regarding
custody
or
parenting
28
time
of
a
minor
child,
the
court
may,
before
and
after
judgment,
give
such
di
-
29
rection
for
the
custody,
care
and
education
of
the
children
of
the
marriage
30
as
may
seem
necessary
or
proper
in
the
best
interests
of
the
children.
The
31
court
shall
consider
all
relevant
factors
which
may
include:
32
(a)
The
wishes
of
the
child's
parent
or
parents
as
to
his
or
her
custody;
33
(b)
The
wishes
of
the
child
as
to
his
or
her
custodian;
34
(c)
The
interaction
and
interrelationship
of
the
child
with
his
or
her
35
parent
or
parents,
and
his
or
her
siblings;
36
(d)
The
child's
adjustment
to
his
or
her
home,
school,
and
community;
37
and
38
(e)
The
character
and
circumstances
of
all
individuals
involved
;
.
39
(f)
The
need
to
promote
continuity
and
stability
in
the
life
of
the
40
child;
and
41
(g)
Domestic
violence
as
defined
in
section
39
-
6303,
Idaho
Code,
42
whether
or
not
in
the
presence
of
the
child.
43
(2)
If
a
parent
is
found,
by
clear
and
convincing
evidence
and
supported
44
by
written
findings
of
fact,
to
have
committed
domestic
violence
as
defined
45
in
section
39
-
6303,
Idaho
Code,
such
finding
shall
rebut
the
presumption
46
that
substantially
equal
parenting
time
is
in
the
best
interests
of
the
47
child.
48
3
(3)
Absent
a
showing
by
clear
and
convincing
evidence
of
real
harm
or
1
substantiated
potential
harm
to
the
minor
child,
substantially
equal
par
-
2
enting
time
shall
be
presumed
to
be
in
the
best
interest
of
the
child,
includ
-
3
ing:
4
(a)
Frequent,
meaningful,
and
continuing
access
to
each
parent
follow
-
5
ing
separation,
divorce,
paternity,
or
custody
action;
and
6
(b)
Active
involvement
of
both
parents
in
parenting
the
minor
child.
7
(2)
(4)
If
the
parent
has
a
disability
as
defined
in
this
section
8
32
-
721,
Idaho
Code
,
the
parent
shall
have
the
right
to
provide
evidence
and
9
information
regarding
the
manner
in
which
the
use
of
adaptive
equipment
or
10
supportive
services
will
enable
the
parent
to
carry
out
the
responsibilities
1
1
of
parenting
the
child.
The
court
shall
advise
the
parent
of
such
right.
12
Evaluations
of
parental
fitness
shall
take
into
account
the
use
of
adaptive
13
equipment
and
supportive
services
for
parents
with
disabilities
and
shall
be
14
conducted
by,
or
with
the
assistance
of,
a
person
who
has
expertise
concern
-
15
ing
such
equipment
and
services.
Nothing
in
this
section
shall
be
construed
16
to
create
any
new
or
additional
obligations
on
state
or
local
governments
to
17
purchase
or
provide
adaptive
equipment
or
supportive
services
for
parents
18
with
disabilities.
19
(3)
(5)
In
any
case
where
the
child
is
actually
residing
with
a
grand
-
20
parent
in
a
stable
relationship,
the
court
may
recognize
the
grandparent
as
21
having
the
same
standing
as
a
parent
for
evaluating
what
custody
arrange
-
22
ments
are
in
the
best
interests
of
the
child.
purposes
of
presenting
evi
-
23
dence
regarding
the
child's
best
interests,
but
not
for
purposes
of
dimin
-
24
ishing,
supplanting,
or
rebutting
the
fundamental
parental
rights
or
pre
-
25
sumptions
established
pursuant
to
this
chapter.
Nothing
in
this
subsection
26
shall
create
a
presumption
in
favor
of
a
de
facto
custodian
over
a
fit
parent.
27
(4)
As
used
in
this
chapter:
28
(a)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
29
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
30
parent
with
a
disability.
31
(b)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
32
physical
impairment
which
substantially
limits
one
(1)
or
more
ma
-
33
jor
life
activities
of
the
individual
including,
but
not
limited
to,
34
self
-
care,
manual
tasks,
walking,
seeing,
hearing,
speaking,
learn
-
35
ing
or
working,
or
a
record
of
such
an
impairment,
or
being
regarded
as
36
having
such
an
impairment.
Disability
shall
not
include
transvestism,
37
transsexualism,
pedophilia,
exhibitionism,
voyeurism,
other
sexual
38
behavior
disorders,
substance
use
disorders,
compulsive
gambling,
39
kleptomania
or
pyromania.
Sexual
preference
or
orientation
is
not
40
considered
an
impairment
or
disability.
Whether
an
impairment
sub
-
41
stantially
limits
a
major
life
activity
shall
be
determined
without
42
consideration
of
the
effect
of
corrective
or
mitigating
measures
used
43
to
reduce
the
effects
of
the
impairment.
44
(c)
"Supportive
services"
means
services
which
assist
a
parent
with
a
45
disability
to
compensate
for
those
aspects
of
their
disability
which
46
affect
their
ability
to
care
for
their
child
and
which
will
enable
47
them
to
discharge
their
parental
responsibilities.
The
term
includes
48
specialized
or
adapted
training,
evaluations,
or
assistance
with
ef
-
49
fective
use
of
adaptive
equipment,
and
accommodations
which
allow
a
50
4
parent
with
a
disability
to
benefit
from
other
services,
such
as
braille
1
texts
or
sign
language
interpreters.
2
(5)
Nothing
in
this
chapter
shall
be
construed
to
allow
discrimination
3
on
the
basis
of
disability.
In
any
case
where
the
disability
of
a
parent
is
4
found
by
the
court
to
be
relevant
to
an
award
of
custody
of
a
child,
the
court
5
shall
make
specific
findings
concerning
the
disability
and
what
effect,
if
6
any,
the
court
finds
the
disability
has
on
the
best
interests
of
the
child.
7
(6)
With
reference
to
this
section,
when
an
active
member
of
the
Idaho
8
national
guard
has
been
ordered
or
called
to
duty
as
defined
in
section
9
46
-
409,
Idaho
Code,
or
when
a
member
of
the
military
reserve
is
ordered
to
10
active
federal
service
under
title
10,
United
States
Code,
such
military
1
1
service
thereunder
shall
not
be
a
substantial
or
material
and
permanent
12
change
in
circumstance
to
modify
by
reducing
the
member's
previously
decreed
13
child
custody
and
visitation
privileges.
14
(7)
For
purposes
of
civil
proceedings
in
which
custody
and
parenting
15
time
of
a
minor
child
is
at
issue,
any
restriction,
suspension,
condition,
or
16
diminution
of
a
parent's
legal
custody,
physical
custody,
parenting
time,
or
17
decision
-
making
authority
shall
be
permissible
only
upon
written
findings
18
of
fact
supported
by
clear
and
convincing
evidence
that
the
restriction
is
19
necessary
to
prevent
a
specific
and
clearly
demonstrated
risk
of
substantial
20
harm
to
the
child
and
is
narrowly
tailored
using
the
least
restrictive
means
21
available.
22
SECTION
3.
That
Section
32
-
717A
,
Idaho
Code,
be,
and
the
same
is
hereby
23
repealed.
24
SECTION
4.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
25
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
26
ignated
as
Section
32
-
717A,
Idaho
Code,
and
to
read
as
follows:
27
32
-
717A.
PARENTS'
ACCESS
TO
RECORDS
AND
INFORMATION.
(1)
Consistent
28
with
section
32
-
1015,
Idaho
Code,
and
notwithstanding
any
other
provisions
29
of
law,
each
parent
shall
have
equal
access
to
all
records
relating
to
the
30
parent's
minor
child,
including
medical,
educational,
childcare,
law
en
-
31
forcement,
and
court
records,
regardless
of
custodial
status.
Upon
written
32
request,
a
records
custodian
shall
provide
copies
within
fourteen
(14)
cal
-
33
endar
days
unless
a
shorter
period
is
required
by
law.
34
(2)
Access
may
be
restricted
only
by
court
order
with
written
findings
35
that
the
restriction
is
necessary
to
prevent
substantial
harm
to
the
child.
36
Nothing
in
this
section
shall
require
disclosure
in
violation
of
federal
37
law.
38
SECTION
5.
That
Section
32
-
717B
,
Idaho
Code,
be,
and
the
same
is
hereby
39
repealed.
40
SECTION
6.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
41
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
42
ignated
as
Section
32
-
717B,
Idaho
Code,
and
to
read
as
follows:
43
32
-
717B.
CHILD
CUSTODY
ORDERS
-
-
EVIDENTIARY
HEARING.
(1)
In
any
con
-
44
tested
custody
or
parenting
time
determination
in
which
the
parties
have
not
45
5
entered
a
knowing
and
voluntary
written
stipulation
resolving
all
issues,
1
the
court
shall
hold
an
evidentiary
hearing
with
notice
and
a
meaningful
op
-
2
portunity
for
both
parents
to
be
heard
if
the
court
is
imposing
any
restric
-
3
tion,
suspension,
supervision,
or
diminution
of
parental
rights.
This
sub
-
4
section
shall
not
apply
to
stipulated
agreements
or
uncontested
matters
in
5
which
both
parents
knowingly
and
voluntarily
consent
to
the
proposed
order.
6
(2)
The
court
may
restrict
a
parent's
custody
or
parenting
time
only
7
upon
clear
and
convincing
evidence
showing
a
specific
and
clearly
demon
-
8
strated
risk
of
substantial
harm
to
the
child
or
where
equal
parenting
9
time
is
impracticable
due
to
significant
geographic
distance
or
other
ob
-
10
jective
logistical
barriers.
Uncorroborated
or
speculative
allegations,
1
1
extra
-
statutory
theories,
or
findings
that
allegations
are
unproven
or
in
-
12
conclusive
shall
not
be
used
to
restrict
parental
rights.
The
court
shall
13
state
on
the
record
the
facts
relied
upon
to
restrict
a
parent's
custody
or
14
parenting
time
and
why
the
restriction
is
necessary.
15
(3)
Within
fourteen
(14)
calendar
days
after
the
evidentiary
hearing,
16
the
court
shall
issue
a
written
order
with
specific
findings
of
fact
and
con
-
17
clusions
of
law,
unless
extended
for
good
cause
stated
on
the
record.
The
18
written
order
shall
identify
the
statutory
basis,
the
evidence
relied
on,
19
the
party
bearing
the
burden
of
proof,
how
the
clear
and
convincing
standard
20
was
met,
why
less
restrictive
alternatives
were
insufficient,
the
scope
and
21
duration
of
any
restriction,
and
the
clear,
objective
conditions
required
22
for
modification.
23
(4)
No
police
report
or
medical
documentation
may
serve
as
the
sole
24
basis
for
a
custody
or
parenting
time
restriction
beyond
fourteen
(14)
cal
-
25
endar
days
absent
cross
-
examination
and
written
findings
supported
by
clear
26
and
convincing
evidence,
and
these
standards
shall
apply
equally
to
both
27
parents.
28
(5)
Absent
an
adjudicated
finding
sufficient
to
overcome
the
presump
-
29
tion
of
substantially
equal
parenting
time,
the
court
may
deviate
from
equal
30
parenting
time
only
upon
time
-
limited
conditions
supported
by
specific
31
findings
of
fact
and
shall
include
in
the
custody
order
a
restoration
plan,
32
as
defined
in
section
32
-
721,
Idaho
Code,
providing
for
automatic
return
to
33
equal
parenting
time
or
a
lawful
final
custody
order
upon
resolution
of
the
34
stated
conditions.
35
(a)
The
restoration
plan
shall
be
incorporated
into
the
order
at
entry
36
and
shall
be
self
-
executing
upon
satisfaction
of
clearly
defined,
ob
-
37
jectively
verifiable
conditions
set
forth
in
the
order,
without
further
38
court
action
unless
a
party
files
a
timely
motion.
39
(b)
The
order
shall
specify
the
objective
criteria
and
method
of
writ
-
40
ten
verification
required
to
establish
satisfaction
of
the
conditions,
41
and
upon
filing
of
certification,
the
court
shall
review
the
certifi
-
42
cation
and
enter
the
next
phase
absent
written
objection
filed
within
43
seven
(7)
days.
44
(c)
A
party
opposing
implementation
of
the
restoration
plan
shall
bear
45
the
burden
of
filing
a
motion
supported
by
sworn
evidence
demonstrating
46
either
that
a
condition
has
not
occurred
or
that
implementation
would
47
create
a
specific
and
clearly
demonstrated
risk
of
substantial
harm
to
48
the
child.
Upon
satisfaction
of
the
restoration
conditions,
the
burden
49
6
shall
be
upon
the
party
that
believes
that
continued
deviation
remains
1
necessary,
which
shall
be
proven
by
clear
and
convincing
evidence.
2
(6)
Emergency
orders
may
be
issued
as
otherwise
authorized
by
law
but
3
shall
not
nullify
or
suspend
a
restoration
plan
absent
compliance
with
this
4
subsection.
Emergency
orders
shall
not
remain
in
effect
beyond
fourteen
5
(14)
calendar
days
without
written
findings
supported
by
clear
and
convinc
-
6
ing
evidence
of
newly
arisen
facts
demonstrating
a
specific
and
clearly
7
demonstrated
risk
of
substantial
harm
to
the
child
and
shall
not
be
renewed
8
or
reissued
to
avoid
operation
of
a
restoration
plan.
9
SECTION
7.
That
Section
32
-
717C,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
32
-
717C.
ALLEGATIONS
OF
ABUSE
-
-
INVESTIGATION.
(1)
When,
in
any
di
-
12
vorce
proceeding
or
upon
request
for
modification
of
a
divorce
decree,
an
in
13
any
proceeding
affecting
child
custody
or
parenting
time,
a
credible
alle
-
14
gation
of
child
abuse
or
child
sexual
abuse
,
neglect,
or
other
criminal
acts
15
is
made,
implicating
either
party,
the
court
shall
order
by
a
written
notice
16
and
request
that
an
investigation
be
conducted
by
the
department
of
health
17
and
welfare
,
or
by
the
appropriate
law
enforcement
agency,
if
applicable
.
A
18
final
award
of
custody
,
parenting
time,
or
visitation
may
shall
not
be
ren
-
19
dered
until
a
written
report
on
that
investigation
is
received
by
the
court.
20
That
investigation
shall
be
conducted
by
the
department
within
thirty
(30)
21
days
of
the
court's
notice
and
request
for
investigation.
The
investigating
22
agency
shall
make
reasonable
efforts
to
complete
the
investigation
and
sub
-
23
mit
a
written
report
within
forty
-
two
(42)
calendar
days
unless
extended
by
24
the
court
upon
documented
reasonable
cause.
25
(2)
If
an
investigation
extends
beyond
forty
-
two
(42)
calendar
days,
26
the
investigating
agency
shall
provide
written
status
updates
to
the
court
27
every
fourteen
(14)
calendar
days.
Upon
receipt
of
the
investigative
re
-
28
port,
the
court
shall
review
whether
continued
restriction
meets
the
clear
29
and
convincing
standard
set
forth
in
section
32
-
717B
,
Idaho
Code.
30
(3)
During
the
investigation,
the
court
may
issue
temporary
protective
31
measures
only
for
good
cause
and
in
compliance
with
sections
32
-
717B
and
32
32
-
717F,
Idaho
Code.
Any
ex
parte
or
temporary
order
shall
state
an
expira
-
33
tion
date
and
create
no
presumption
for
or
against
either
parent.
34
(4)
Findings
regarding
allegations
shall
not
be
based
solely
on
the
35
opinions
or
recommendations
of
guardians
ad
litem,
evaluators,
or
other
36
court
-
appointed
professionals.
37
(5)
A
safety
plan
recommended
by
law
enforcement
or
child
protective
38
services,
and
a
parent's
compliance
with
it,
shall
not
be
used
as
evidence
of
39
fault,
unfitness,
restriction,
or
risk
of
harm
in
any
custody
or
parenting
40
time
proceeding.
41
(6)
A
parent
acting
in
good
faith
to
protect
a
child
from
credible
harm,
42
including
compliance
with
law
enforcement
direction
that
conflicts
with
an
43
existing
order,
shall
not
be
penalized,
presumed
in
contempt,
or
deemed
to
44
have
interfered
with
custody,
and
such
conduct
shall
be
considered
solely
as
45
protective
in
nature.
46
7
SECTION
8.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
32
-
717F,
Idaho
Code,
and
to
read
as
follows:
3
32
-
717F.
TEMPORARY
AND
EX
PARTE
ORDERS.
(1)
A
court
may
enter
a
tem
-
4
porary
custody
or
parenting
time
order
prior
to
the
evidentiary
hearing
re
-
5
quired
by
section
32
-
717B,
Idaho
Code,
but
such
order
shall
not
remain
in
ef
-
6
fect
longer
than
forty
-
nine
(49)
calendar
days,
shall
create
no
presumption
7
regarding
the
child's
best
interests,
and
shall
not
operate
as
a
de
facto
8
permanent
modification.
9
(2)
Any
temporary
restriction
shall
expire
on
the
forty
-
ninth
calendar
10
day
unless
continued
by
written
findings
supported
by
clear
and
convincing
1
1
evidence
consistent
with
section
32
-
717B.
Nothing
in
this
subsection
shall
12
require
repeated
evidentiary
hearings
where
the
parties
stipulate
to
con
-
13
tinuation
or
where
no
party
seeks
modification.
14
(3)
An
ex
parte
order
restricting
custody,
parenting
time,
or
contact
15
may
be
issued
only
upon
sworn
admissible
evidence
establishing
probable
16
cause
of
imminent
physical
danger
to
the
child
or
a
parent.
Speculation,
17
generalized
fear,
or
uncorroborated
assertions
are
insufficient.
The
court
18
shall
consider
known
inculpatory
and
exculpatory
evidence.
19
(4)
An
ex
parte
order
shall
expire
fourteen
(14)
calendar
days
from
is
-
20
suance,
shall
state
on
its
face
the
date
and
time
of
expiration,
and
shall
not
21
be
extended
or
converted
into
a
temporary
order
without
a
full
evidentiary
22
hearing
and
written
findings
consistent
with
section
32
-
717B,
Idaho
Code.
23
(5)
A
court
shall
not
delay
resolution
of
a
custody
matter
such
that
a
24
temporary
or
ex
parte
order
functions
as
a
long
-
term
deprivation
of
parental
25
rights.
26
SECTION
9.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
27
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
28
ignated
as
Section
32
-
717G,
Idaho
Code,
and
to
read
as
follows:
29
32
-
717G.
RESTORATION
OF
LOST
PARENTING
TIME.
(1)
If
a
parent's
cus
-
30
tody
or
parenting
time
is
restricted,
suspended,
or
supervised
due
to
an
31
allegation
of
abuse
that
is
adjudicated
by
the
court
and
found
to
be
un
-
32
substantiated
or
insufficient
to
meet
the
clear
and
convincing
evidence
33
standard
required
for
restriction
under
section
32
-
717B,
the
court
shall
34
order
restoration
of
the
lost
parenting
time.
Willful
interference
with
35
a
restoration
order
shall
result
in
enforceable
remedies,
including
con
-
36
tempt
and
compensatory
parenting
time,
and
the
court
shall
refer
apparent
37
violations
of
title
18,
Idaho
Code,
relating
to
custody
interference
to
the
38
appropriate
prosecuting
attorney.
39
(2)
A
restoration
plan,
as
defined
in
section
32
-
721,
Idaho
Code,
shall
40
provide
for
prompt
recovery
of
equivalent
parenting
time
in
a
manner
that
41
minimizes
disruption
to
the
child
and
preserves
stability
and
continuity,
42
including
comparable
time
for
missed
holidays,
school
breaks,
or
special
pe
-
43
riods.
44
(3)
Restoration
of
lost
parenting
time
shall
occur
without
undue
de
-
45
lay
and
in
compliance
with
section
32
-
717B,
Idaho
Code.
When
a
parent
know
-
46
ingly
denies
court
-
ordered
custody
or
parenting
time
without
lawful
justi
-
47
fication,
the
court
shall
award
compensatory
parenting
time
equal
in
type
48
8
and
duration
to
the
time
denied.
Such
compensatory
parenting
time
shall
be
1
exercised
as
soon
as
reasonably
practicable,
unless
clear
and
convincing
ev
-
2
idence
establishes
that
immediate
restoration
would
pose
a
risk
of
substan
-
3
tial
harm
to
the
child.
4
SECTION
10.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
5
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
6
ignated
as
Section
32
-
717H,
Idaho
Code,
and
to
read
as
follows:
7
32
-
717H.
COURT
-
APPOINTED
PROFESSIONALS.
Court
-
appointed
profes
-
8
sionals
shall
serve
in
an
advisory
capacity
only.
Final
determinations
9
regarding
custody,
parenting
time,
and
decision
-
making
authority
shall
re
-
10
main
with
the
court.
Any
report
relied
on
by
the
court
shall
be
disclosed
to
1
1
both
parents,
and
the
author
must
be
made
available
for
cross
-
examination
12
upon
request.
13
SECTION
11.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
14
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
15
ignated
as
Section
32
-
717I,
Idaho
Code,
and
to
read
as
follows:
16
32
-
717I.
SUPERVISED
VISITATION
-
-
CHILD
CUSTODY.
(1)
Supervised
vis
-
17
itation
may
be
ordered
in
proceedings
between
parents
in
which
custody
and
18
parenting
time
of
a
minor
child
is
at
issue
only
upon
a
judicial
finding
19
of
probable
cause,
supported
by
credible
facts,
that
unsupervised
contact
20
poses
an
immediate
risk
of
physical
harm
or
abuse
to
the
child
and
that
su
-
21
pervision
is
the
least
restrictive
means
to
protect
the
child.
The
court
22
shall
not
impose
conditions
that
function
as
supervised
visitation
without
23
complying
with
the
procedural
safeguards
of
section
32
-
717B,
Idaho
Code.
24
(2)
Supervision
shall
not
be
based
solely
on
allegations,
parental
con
-
25
flict,
or
lawful
parenting
disagreements,
and
the
court
shall
consider
all
26
known
exculpatory
evidence.
27
(3)
Supervised
visitation
shall
be
reviewed
within
forty
-
nine
(49)
28
calendar
days
and
may
be
continued
upon
written
findings
supported
by
clear
29
and
convincing
evidence
of
a
specific
and
articulable
risk
of
substantial
30
harm.
31
(4)
A
continuation
of
supervised
visitation
may
occur
upon
written
32
findings
based
on
a
review
hearing
or
stipulations.
A
full
evidentiary
hear
-
33
ing
shall
not
be
required
unless
requested
by
a
party.
34
(5)
All
supervised
visitation
orders
shall
include
clear,
objective
35
conditions
for
transition
to
unsupervised
parenting
time
and
periodic
re
-
36
view
at
intervals
not
to
exceed
ninety
(90)
days
unless
otherwise
ordered
by
37
the
court
for
good
cause.
38
(6)
Preference
shall
be
given
to
unpaid
supervisors
agreed
upon
by
the
39
parties.
Professional
supervision
may
be
ordered
only
if
no
suitable
un
-
40
paid
supervisor
is
reasonably
available,
and
costs
shall
be
allocated
by
the
41
court
and
reviewable
upon
motion.
42
(7)
A
parent's
legitimate
inability
to
attend
supervised
visitation
43
shall
not
be
deemed
a
voluntary
relinquishment
of
time.
44
(8)
Compensated
supervised
access
providers
shall
complete
finger
-
45
print
-
based
statewide
and
federal
criminal
history
and
abuse
registry
46
checks.
47
9
(9)
Nothing
in
this
section
shall
be
construed
to
permit
the
use
of
1
supervised
visitation
as
a
punitive
measure,
leverage,
or
a
substitute
for
2
proof
of
unfitness,
nor
construed
to
shift
the
burden
of
proof
away
from
the
3
party
seeking
restriction.
4
(10)
This
section
applies
only
to
custody
and
parenting
time
determina
-
5
tions
between
parents
and
does
not
modify,
limit,
or
supersede
proceedings
6
under
chapter
16,
title
16,
Idaho
Code.
7
SECTION
12.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
32
-
721,
Idaho
Code,
and
to
read
as
follows:
10
32
-
721.
DEFINITIONS.
For
the
purpose
of
this
chapter:
1
1
(1)
"Adaptive
equipment"
means
equipment
used
to
enhance
the
parenting
12
capabilities
of
a
parent
with
a
disability.
13
(2)
"Custodial
parent"
means
a
parent
awarded
more
than
substantially
14
equal
physical
custody
of
the
parent's
child,
or,
if
no
order
exists,
the
15
parent
providing
the
child's
principal
residence
more
than
fifty
-
five
per
-
16
cent
(55%)
of
the
time.
17
(3)
"Custodian"
means
a
parent
or
other
adult
recognized
by
the
court
18
as
having
standing
to
exercise
care,
supervision,
or
custody
of
a
child,
in
-
19
cluding
grandparents
in
stable,
ongoing
caregiving
arrangements.
20
(4)
"Custody"
means
responsibility
for
a
child,
including
legal,
phys
-
21
ical,
joint,
or
sole
custody.
22
(5)
"Disability"
means
a
mental
or
physical
impairment
substantially
23
limiting
a
major
life
activity.
"Disability"
does
not
include
sexual
orien
-
24
tation,
sexual
behavior
disorders,
substance
use
disorders,
compulsive
gam
-
25
bling,
kleptomania,
or
pyromania.
26
(6)
"Equal
parental
responsibility"
means
both
parents
retain
full
and
27
equal
rights
to
custody,
care,
control,
supervision,
education,
and
deci
-
28
sion
-
making
for
the
child,
with
the
child
spending
substantially
equal
time
29
with
each
parent.
30
(7)
"Joint
legal
custody"
means
substantially
equal
and
independent
31
decision
-
making
authority
unless
otherwise
specified
in
a
court
order.
32
(8)
"Joint
physical
custody"
means
equal
periods
of
residence
or
su
-
33
pervision,
except
for
temporary
deviations
for
events
such
as
documented
34
travel,
military
deployment,
temporary
relocation,
or
medical
conditions.
35
(9)
"Legal
custody"
means
the
right
and
responsibility
to
make
major
36
decisions
regarding
the
child's
upbringing,
including
health,
education,
37
and
welfare.
38
(10)
"Non
-
custodial
parent"
means
a
parent
with
less
than
forty
-
five
39
percent
(45%)
physical
custody
of
the
parent's
child.
40
(11)
"Parent"
means
a
biological
or
adoptive
mother
or
father
whose
41
parental
rights
are
not
terminated.
"Parent"
does
not
include
persons
42
serving
in
loco
parentis,
de
facto
caregivers,
temporary
guardians,
or
43
court
-
ordered
visitation
-
only
persons.
44
(12)
"Parentage"
means
the
legal
recognition
of
a
person
as
a
parent
45
through
birth,
adoption,
acknowledgment,
or
adjudication.
46
(13)
"Parental
fitness"
means
the
ability
to
provide
for
the
child's
47
health,
safety,
education,
and
welfare,
including
consistent
parenting.
48
10
(14)
"Parenthood"
means
the
natural,
legal,
and
fundamental
relation
-
1
ship
from
which
inherent
parental
rights
arise,
existing
independently
of
2
government
creation.
3
(15)
"Parenting
time"
means
periods
of
time
during
which
a
parent
exer
-
4
cises
care
of
and
interaction
with
the
child.
Parenting
time
reflects
inher
-
5
ent
parental
rights
and
may
be
structured
by
court
order.
6
(16)
"Physical
custody"
means
the
legal
allocation
of
day
-
to
-
day
care
7
of
the
child.
8
(17)
"Restoration
plan"
means
a
written
plan
or
schedule
that
sets
forth
9
the
timing,
conditions,
and
process
for
the
restoration
or
progression
of
10
a
parent's
custody
or
parenting
time
to
a
parent's
lawful
entitlement
under
1
1
the
default
custody
framework
established
by
law
or
an
otherwise
lawful
fi
-
12
nal
custody
order.
13
(18)
"Safety
plan"
means
a
nonbinding,
nonadjudicative,
temporary
pro
-
14
posal
initiated
by
a
governmental
entity
or
government
-
affiliated
actor.
15
(19)
"Sole
legal
custody"
means
the
exclusive
authority
to
make
major
16
decisions
regarding
the
child's
upbringing,
including
health,
education,
17
and
welfare.
18
(20)
"Sole
physical
custody"
means
the
exclusive
right
and
responsibil
-
19
ity
for
primary
residence
and
daily
care
of
the
child,
subject
to
parenting
20
time
rights
of
the
other
parent.
21
(21)
"State"
includes
the
legislative,
executive,
and
judicial
22
branches
of
government.
23
(22)
"Substantially
equal
parenting
time"
means
both
parents
have
24
nearly
equal
physical
custody
of
the
child,
with
each
parent
having
physical
25
custody
of
the
child
at
least
forty
-
five
percent
(45%)
of
the
time.
26
(23)
"Supportive
services"
means
services
that
aid
a
parent
with
a
dis
-
27
ability
in
fulfilling
parental
responsibilities.
28
SECTION
13.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
29
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
30
ignated
as
Section
32
-
722,
Idaho
Code,
and
to
read
as
follows:
31
32
-
722.
VIOLATION
OF
PARENTAL
RIGHTS
-
-
REMEDIES.
(1)
Any
custody,
32
parenting
time,
or
visitation
order
entered
in
violation
of
sections
32
-
717
33
through
32
-
717I,
Idaho
Code,
including
failure
to
issue
required
written
34
findings,
constitutes
reversible
error.
35
(2)
Upon
reversal
or
other
appropriate
review,
the
court
shall
restore
36
parental
rights
and
parenting
time
consistent
with
this
chapter
and
enter
a
37
restoration
plan
pursuant
to
section
32
-
717G,
Idaho
Code,
as
necessary.
38
(3)
The
provisions
of
sections
32
-
717
through
32
-
717I,
Idaho
Code,
39
shall
be
applied
consistently
with
applicable
rules
of
the
court
and
shall
40
not
be
diminished
through
procedural
technicalities
inconsistent
with
41
statutory
protections.
42
SECTION
14.
That
Section
7
-
1126,
Idaho
Code,
be,
and
the
same
is
hereby
43
amended
to
read
as
follows:
44
7
-
1126.
CUSTODY
OF
CHILDREN
-
-
BEST
INTEREST
INTERESTS
.
In
any
pro
-
45
ceeding
to
determine
custody
under
the
provisions
of
this
chapter,
the
court
46
shall
apply
sections
32
-
717
through
32
-
717E
32
-
717I
,
Idaho
Code.
However,
47
11
the
court
shall
not
consider
whether
or
not
the
mother
or
father
did
or
did
1
not
voluntarily
consent
to
the
adoption
of
the
child
or
to
the
relinquishment
2
of
parental
rights
in
determining
the
best
interest
interests
of
the
child.
3
SECTION
15.
That
Section
32
-
1704,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
32
-
1704.
COMMENCEMENT
OF
PROCEEDINGS.
(1)
A
child
custody
proceeding
6
may
be
initiated
in
any
court
of
this
state
with
jurisdiction
to
determine
7
child
custody
matters,
by
an
individual:
8
(a)
Filing
a
petition
seeking
a
determination
that
he
or
she
is
a
de
9
facto
custodian
pursuant
to
section
32
-
1703,
Idaho
Code,
and
seeking
10
custody
of
a
child;
or
1
1
(b)
Filing
a
motion
seeking
permissive
intervention
pursuant
to
rule
24
12
of
the
Idaho
rules
of
civil
procedure,
in
a
pending
custody
proceeding
13
seeking
a
determination
that
he
or
she
is
a
de
facto
custodian
pursuant
14
to
section
32
-
1703,
Idaho
Code,
and
seeking
custody
of
a
child.
15
(2)
A
petition
for
custody
or
a
motion
to
intervene
based
on
the
peti
-
16
tioners
or
intervenors
alleged
status
as
a
de
facto
custodian,
filed
under
17
pursuant
to
this
section,
must
state
and
allege:
18
(a)
The
name
and
address
of
the
petitioner
or
intervenor
and
any
prior
19
or
other
name
used
by
the
petitioner
or
intervenor;
20
(b)
The
name
of
the
respondent
mother
and
father
or
guardian(s)
and
any
21
prior
or
other
name
used
by
the
respondent(s)
and
known
to
the
peti
-
22
tioner
or
intervenor;
23
(c)
The
name
and
date
of
birth
of
each
child
for
whom
custody
is
sought;
24
(d)
The
relationship
of
the
petitioner
or
intervenor
to
each
child
for
25
whom
custody
is
sought;
26
(e)
The
basis
for
jurisdiction
asserted
by
the
petitioner
or
inter
-
27
venor;
28
(f)
The
current
legal
and
physical
custodial
status
of
each
child
for
29
whom
custody
is
sought,
whether
a
proceeding
involving
custody
of
the
30
child,
including
a
proceeding
for
an
order
or
protection
pursuant
to
31
section
39
-
6304,
Idaho
Code,
is
pending
in
a
court
in
this
state
or
else
-
32
where,
and
a
list
of
all
prior
orders
of
custody,
including
temporary
33
orders,
if
known
to
the
petitioner
or
intervenor;
34
(g)
Whether
either
parent
is
a
member
of
the
armed
services,
if
known
to
35
the
petitioner
or
intervenor;
36
(h)
The
length
of
time
each
child
has
resided
with
the
petitioner
or
in
-
37
tervenor
and
the
nature
of
the
petitioners
petitioner's
or
intervenors
38
intervenor's
role
in
caring
for
each
child
for
whom
custody
is
sought;
39
(i)
The
financial
support
provided
by
the
petitioner
or
intervenor
for
40
each
child
for
whom
custody
is
sought;
41
(j)
Whether
physical
and/or
legal
custody
should
be
granted
to
and/or
42
shared
with
the
respondent(s);
and
43
(k)
The
basis
upon
on
which
the
petitioner
or
intervenor
is
claiming
44
that
it
is
in
the
best
interests
of
the
child
that
the
petitioner
or
in
-
45
tervenor
have
custody
of
the
child.
46
(3)
The
petition
or
motion
must
be
verified
by
the
petitioner
or
inter
-
47
venor.
48
12
(4)
Written
notice
of
a
hearing
on
a
petition
or
motion
to
intervene
for
1
custody
of
a
child
by
a
de
facto
custodian
must
be
given
to:
2
(a)
The
parent(s)
of
the
child
,
as
defined
in
section
16
-
2002(11)
and
3
(12),
Idaho
Code;
and
4
(b)
The
guardian
or
legal
custodian,
if
any,
of
the
child;
and
5
(c)
The
child's
tribe
,
pursuant
to
federal
law,
if
the
child
is
an
In
-
6
dian
child
as
defined
in
the
Indian
child
welfare
act,
25
U.S.C.
1901,
et
7
seq.
8
(5)
Written
notice
of
a
hearing
on
a
petition
for
custody
of
a
child
by
9
a
de
facto
custodian
must
be
given
to
the
Idaho
department
of
health
and
wel
-
10
fare
if
the
petitioner
has
reason
to
believe
that
either
parent
receives
pub
-
1
1
lic
assistance,
the
petitioner
receives
public
assistance
on
behalf
of
the
12
child
,
or
either
parent
receives
child
support
enforcement
services
from
the
13
Idaho
department
of
health
and
welfare
or
applies
for
such
public
assistance
14
or
child
support
enforcement
services
after
a
petition
under
this
section
is
15
filed.
Notice
to
the
Idaho
department
of
health
and
welfare
must
include
a
16
copy
of
the
petition.
17
(6)
In
an
action
for
custody
of
a
child
by
a
de
facto
custodian,
the
par
-
18
ties
must
stipulate
to,
or
the
court
must
find,
facts
establishing
by
clear
19
and
convincing
evidence
that
the
petitioner
or
intervenor
is
a
de
facto
cus
-
20
todian
pursuant
to
the
requirements
of
section
32
-
1703,
Idaho
Code,
before
21
the
court
considers
whether
custody
with
the
de
facto
custodian
is
in
the
22
best
interests
of
the
child.
23
(7)
Once
a
court
has
found
facts
supporting
the
qualification
of
the
pe
-
24
titioner
or
intervenor
as
the
de
facto
custodian
of
a
child,
the
petitioner
25
or
intervenor
must
prove
,
by
a
preponderance
of
the
evidence
,
that
it
is
in
26
the
best
interests
of
the
child
to
be
in
the
custody
of
the
de
facto
custo
-
27
dian.
In
determining
the
best
interests
of
the
child,
the
court
shall
ap
-
28
ply
the
standards
as
provided
in
section
32
-
717(1)
sections
32
-
717
through
29
32
-
717I
,
Idaho
Code.
30
(8)
In
determining
whether
the
petitioner
or
intervenor
has
estab
-
31
lished
that
it
is
in
the
best
interests
of
the
child
to
be
in
the
custody
of
32
the
de
facto
custodian,
the
court
may
also
consider:
33
(a)
The
circumstances
under
which
the
child
was
allowed
to
remain
in
the
34
care
of
the
de
facto
custodian,
including
whether
the
child
was
placed
35
with
the
de
facto
custodian
to
allow
the
parent
to
seek
work
or
to
attend
36
school;
and
37
(b)
Whether
the
child
is
currently
residing
with
the
de
facto
custodian
38
and,
if
not,
the
length
of
time
since
the
petitioner
or
intervenor
last
39
functioned
as
the
child's
de
facto
custodian.
40
SECTION
16.
That
Section
32
-
1705,
Idaho
Code,
be,
and
the
same
is
hereby
41
amended
to
read
as
follows:
42
32
-
1705.
NATURE
OF
DE
FACTO
CUSTODIAN
ORDER
-
-
ACCESS
TO
RECORDS
-
-
43
TERMINATION
OF
DE
FACTO
CUSTODIANSHIP.
(1)
A
court
may
enter
an
order
grant
-
44
ing
a
de
facto
custodian
sole
or
joint
legal
and/or
physical
custody
,
as
45
defined
in
section
32
-
717B(1),
(2)
and
(3)
32
-
721
,
Idaho
Code,
in
the
same
46
manner
as
it
would
grant
such
custody
to
a
parent.
47
(2)
An
order
granting
custody
to
a
de
facto
custodian
is
subject
to
the
48
continuing
jurisdiction
of
the
court
and
is
modifiable
in
the
same
manner
as
49
13
an
order
establishing
parental
custody
pursuant
to
section
32
-
717
sections
1
32
-
717
through
32
-
717I
,
Idaho
Code,
or
a
similar
provision.
2
(3)
A
de
facto
custodian
who
has
been
granted
sole
or
joint
legal
cus
-
3
tody
of
a
child
shall
have
access
to
records
pertaining
to
the
child
who
is
4
the
subject
of
the
de
facto
custodianship
to
the
same
extent
as
a
parent
would
5
have
such
access
pursuant
to
an
order
of
legal
custody.
6
(4)
Any
party
to
the
proceeding
granting
custody
to
a
de
facto
custodian
7
may
move
for
the
termination
of
the
custody
order.
A
de
facto
custodian
may
8
move
for
permission
to
resign
as
de
facto
custodian.
9
(a)
A
party
moving
for
termination
of
the
de
facto
custodian
-
child
re
-
10
lationship
must
show
,
by
a
preponderance
of
the
evidence
,
that
termina
-
1
1
tion
of
the
relationship
would
be
in
the
best
interests
of
the
child.
12
(b)
A
motion
for
termination
or
for
resignation
may,
but
need
not,
in
-
13
clude
a
proposal
for
the
continuing
custody
of
the
child.
14
(c)
After
notice
and
hearing
on
a
motion
for
termination
or
resigna
-
15
tion,
the
court
may
terminate
the
custody
of
the
de
facto
custodian
and
16
may
make
any
further
orders
that
may
be
appropriate
in
the
best
inter
-
17
ests
of
the
child.
18
SECTION
17.
That
Section
39
-
6306,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
39
-
6306.
HEARING
ON
PETITION
FOR
PROTECTION
ORDER
-
-
RELIEF
PROVIDED
21
AND
REALIGNMENT
OF
DESIGNATION
OF
PARTIES.
(1)
Upon
filing
of
a
petition
22
based
upon
on
a
sworn
affidavit
for
a
protection
order,
the
court
shall
hold
23
a
hearing
to
determine
whether
the
relief
sought
shall
be
granted
within
24
fourteen
(14)
days.
If
either
party
is
represented
by
counsel
at
a
hearing
25
seeking
entry
of
a
protection
order,
the
court
shall
permit
a
continuance,
26
if
requested,
of
the
proceedings
so
that
counsel
may
be
obtained
by
the
other
27
party.
If
the
court
finds
that
it
is
necessary
for
both
parties
to
be
repre
-
28
sented
by
counsel,
the
court
shall
enter
appropriate
orders
to
ensure
that
29
counsel
is
retained.
The
order
entered
may
require
either
the
petitioner
or
30
respondent,
or
both,
to
pay
for
costs
of
counsel.
Upon
a
showing
that
there
31
is
an
immediate
and
present
danger
of
domestic
violence
to
the
petitioner
the
32
court
may,
if
requested,
order
for
a
period
not
to
exceed
one
(1)
year
that:
33
(a)
Temporary
custody
of
the
minor
children
of
the
petitioner
or
of
the
34
parties
be
awarded
to
the
petitioner
or
respondent
if
exercise
of
such
35
jurisdiction
is
consistent
with
the
provisions
of
section
32
-
11
-
204,
36
Idaho
Code,
and
consistent
with
prior
custody
orders
entered
by
a
court
37
of
competent
jurisdiction
,
unless
grounds
exist
pursuant
to
section
38
32
-
717
sections
32
-
717
through
32
-
717I
,
Idaho
Code;
39
(b)
A
party
be
restrained
from
committing
acts
of
domestic
violence;
40
(c)
Exclude
the
respondent
from
the
dwelling
which
the
parties
share
or
41
from
the
residence
of
the
petitioner;
42
(d)
The
respondent
be
ordered
to
participate
in
treatment
or
counsel
-
43
ing
services.
The
council
on
domestic
violence,
in
recognition
of
the
44
particular
treatment
requirements
for
batterers,
shall
develop
minimal
45
program
and
treatment
standards
to
be
used
as
guidelines
for
recommend
-
46
ing
approval
of
batterer
programs
to
the
court;
47
14
(e)
Other
relief
be
ordered
as
the
court
deems
necessary
for
the
protec
-
1
tion
of
a
family
or
household
member,
including
orders
or
directives
to
2
a
peace
officer,
as
allowed
under
this
chapter;
3
(f)
The
respondent
be
required
to
pay
service
fees,
and
to
reimburse
the
4
petitioner
for
costs
incurred
in
bringing
the
action,
including
a
rea
-
5
sonable
attorney's
fee;
6
(g)
The
respondent
be
restrained
from
harassing,
annoying,
disturbing
7
the
peace
of,
telephoning,
contacting,
or
otherwise
communicating,
8
directly
or
indirectly,
with
the
petitioner
and
any
designated
family
9
member
or
specifically
designated
person
of
the
respondent's
house
-
10
hold,
including
the
minor
children
whose
custody
is
awarded
to
the
1
1
petitioner;
12
(h)
The
respondent
be
restrained
from
entering
any
premises
when
it
13
appears
to
the
court
that
such
restraint
is
necessary
to
prevent
the
14
respondent
from
contacting,
harassing,
annoying,
disturbing
the
peace
15
of
,
or
telephoning
the
petitioner
or
the
minor
children
whose
custody
is
16
awarded
to
the
petitioner;
and/or
17
(i)
The
respondent
be
restrained
from
coming
within
one
thousand
five
18
hundred
(1,500)
feet
or
other
appropriate
distance
of
the
petitioner,
19
the
petitioner's
residence,
the
school
or
place
of
employment
of
the
pe
-
20
titioner,
or
any
specified
place
frequented
by
the
petitioner
and
by
any
21
other
designated
family
member
or
specifically
designated
person
of
the
22
respondent's
household,
including
the
minor
children
whose
custody
is
23
awarded
to
the
petitioner.
24
(2)
Immediate
and
present
danger
under
this
section
includes
,
but
is
25
not
limited
to
,
situations
in
which
the
respondent
has
recently
threatened
26
the
petitioner
with
bodily
harm
or
engaged
in
domestic
violence
against
the
27
petitioner
or
where
there
is
reasonable
cause
to
believe
bodily
harm
may
re
-
28
sult.
29
(3)
No
order
made
under
pursuant
to
this
chapter
shall
in
any
manner
af
-
30
fect
title
to
real
property.
31
(4)
Relief
shall
not
be
denied
because
petitioner
used
reasonable
force
32
in
self
-
defense
against
respondent,
or
because
petitioner
or
respondent
was
33
a
minor
at
the
time
of
the
incident
of
domestic
violence.
34
(5)
Any
relief
granted
by
the
protection
order,
other
than
a
judgment
35
for
costs,
shall
be
for
a
fixed
period
not
to
exceed
one
(1)
year;
provided
,
36
that
an
order
obtained
pursuant
to
this
chapter
may,
upon
motion
and
upon
37
good
cause
shown,
continue
for
an
appropriate
time
period
as
directed
by
the
38
court
or
be
made
permanent
if
the
requirements
of
this
chapter
are
met,
pro
-
39
vided
the
order
may
be
terminated
or
modified
by
further
order
of
the
court
40
either
on
written
stipulation
filed
with
the
court
or
on
the
motion
of
a
party
41
and
after
a
hearing
on
the
motion.
The
motion
to
renew
an
order
may
be
granted
42
without
a
hearing,
if
not
timely
objected
to
by
the
party
against
whom
the
or
-
43
der
was
entered.
44
(6)
In
providing
relief
under
pursuant
to
this
chapter,
the
court
may
45
realign
the
designation
of
the
parties
as
"petitioner"
and
"respondent"
46
where
the
court
finds
that
the
original
petitioner
is
the
abuser
and
the
47
original
respondent
is
the
victim
of
domestic
violence.
48
15
SECTION
18.
APPLICABILITY.
The
provisions
of
this
act
shall
apply
to
1
court
orders
regarding
child
custody,
parenting
time,
or
visitation
deter
-
2
minations
first
entered
or
modified
on
and
after
January
1,
2027.
3
SECTION
19.
This
act
shall
be
in
full
force
and
effect
on
and
after
Jan
-
4
uary
1,
2027.
5