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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.
859
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CUSTODY;
AMENDING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
SECTION
32
-
717F,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
RESTORATION
OF
LOST
PARENTING
TIME;
AND
PROVIDING
AN
EFFEC
-
4
TIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
7,
Title
32,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
32
-
717F,
Idaho
Code,
and
to
read
as
follows:
9
32
-
717F.
RESTORATION
OF
LOST
PARENTING
TIME.
(1)
If
a
parent's
cus
-
10
tody
is
restricted,
suspended,
or
supervised
due
to
an
allegation
of
abuse
1
1
that
is
adjudicated
by
the
court
and
found
to
be
unsubstantiated
or
insuf
-
12
ficient
to
meet
the
clear
and
convincing
evidence
standard,
the
court
shall
13
order
restoration
of
the
lost
parenting
time.
Willful
interference
with
a
14
restoration
order
shall
result
in
enforceable
remedies,
including
contempt
15
and
compensatory
parenting
time,
and
the
court
shall
refer
apparent
viola
-
16
tions
of
title
18,
Idaho
Code,
relating
to
custody
interference
to
the
appro
-
17
priate
prosecuting
attorney.
18
(2)
A
restoration
plan
shall
provide
for
prompt
recovery
of
equivalent
19
parenting
time
in
a
manner
that
minimizes
disruption
to
the
child
and
pre
-
20
serves
stability
and
continuity,
including
comparable
time
for
missed
holi
-
21
days,
school
breaks,
or
special
periods.
22
(3)
Restoration
of
lost
parenting
time
shall
occur
without
undue
delay.
23
When
a
parent
knowingly
denies
court
-
ordered
custody
or
parenting
time
with
-
24
out
lawful
justification,
the
court
shall
award
compensatory
parenting
time
25
equal
in
type
and
duration
to
the
time
denied.
Such
compensatory
parent
-
26
ing
time
shall
be
exercised
as
soon
as
reasonably
practicable,
unless
clear
27
and
convincing
evidence
establishes
that
immediate
restoration
would
pose
a
28
risk
of
substantial
harm
to
the
child.
29
(4)
For
the
purposes
of
this
section,
"restoration
plan"
means
a
writ
-
30
ten
plan
or
schedule
that
sets
forth
the
timing,
conditions,
and
process
for
31
the
restoration
or
progression
of
a
parent's
custody
or
parenting
time
to
a
32
parent's
lawful
entitlement
under
the
default
custody
framework
established
33
by
law
or
an
otherwise
lawful
final
custody
order.
34
SECTION
2.
This
act
shall
be
in
full
force
and
effect
on
and
after
Jan
-
35
uary
1,
2027.
36