Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
955
BY
CAYLER
AN
ACT
1
RELATING
TO
MEDICAL
KIDNAPPING;
PROVIDING
LEGISLATIVE
FINDINGS;
AMEND
-
2
ING
CHAPTER
16,
TITLE
16,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
3
16
-
1650,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
MEDICAL
KIDNAP
-
4
PING
AND
TO
PROVIDE
THAT
A
PARENT
OR
GUARDIAN
SHALL
HAVE
CERTAIN
RIGHTS;
5
AMENDING
SECTION
18
-
4501,
IDAHO
CODE,
TO
REVISE
A
DEFINITION
AND
TO
MAKE
6
TECHNICAL
CORRECTIONS;
AMENDING
CHAPTER
53,
TITLE
39,
IDAHO
CODE,
BY
7
THE
ADDITION
OF
A
NEW
SECTION
39
-
5313,
IDAHO
CODE,
TO
DEFINE
A
TERM
AND
8
TO
PROVIDE
FOR
A
PRIVATE
RIGHT
OF
ACTION
WHEN
A
VULNERABLE
ADULT
SUFFERS
9
MEDICAL
KIDNAPPING;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
10
TIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
LEGISLATIVE
FINDINGS.
The
Legislature
finds
that:
13
(1)
The
Fifth
and
Fourteenth
Amendments
to
the
Constitution
of
the
14
United
States
prohibit
the
government
from
depriving
individuals
of
their
15
liberty
or
property
interests
without
due
process
of
law.
16
(2)
The
interests
and
role
of
parents
in
the
care,
custody,
and
control
17
of
their
children
are
deeply
rooted
in
our
nation's
history
and
tradition
and
18
are
also
among
the
unalienable
rights
retained
by
the
people
under
the
Ninth
19
Amendment
to
the
Constitution
of
the
United
States.
20
(3)
Idaho
has
established
procedures
for
reporting
on
child
abuse
and
21
child
neglect
under
the
Child
Protective
Act,
Chapter
16,
Title
16,
Idaho
22
Code.
23
(4)
Idaho
has
established
laws
for
protecting
parental
rights
under
24
Chapter
10,
Title
32,
Idaho
Code.
25
(5)
The
Idaho
Legislature
wishes
to
ensure
that
Idaho's
procedures
for
26
child
and
adult
protection
cases
comport
with
constitutional
due
process
re
-
27
quirements.
28
SECTION
2.
That
Chapter
16,
Title
16,
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
16
-
1650,
Idaho
Code,
and
to
read
as
follows:
31
16
-
1650.
MEDICAL
KIDNAPPING
-
-
PARENTAL
RIGHTS.
(1)
As
used
in
this
32
section,
"medical
kidnapping"
means
the
wrongful
removal
of
a
minor
child
33
under
eighteen
(18)
years
of
age
or
a
vulnerable
adult
from
a
parent
or
34
guardian
by
law
enforcement,
a
social
worker,
or
any
other
official
when:
35
(a)
A
parent
or
guardian
questions,
denies,
or
declines
a
potential
36
medical
intervention
for
the
child
or
vulnerable
adult
or
chooses
to
37
seek
a
second
opinion
when
there
is
cause
for
concern
that
the
potential
38
medical
intervention
would
do
harm
to
the
child
or
vulnerable
adult,
39
including
but
not
limited
to
an
allergic
reaction;
40
2
(b)
A
parent
or
guardian
brings
the
child
or
vulnerable
adult
for
medi
-
1
cal
intervention
at
a
health
care
facility
and:
2
(i)
A
screening
establishes
that
the
child
or
vulnerable
adult
is
3
not
abused,
abandoned,
or
neglected;
and
4
(ii)
The
child
or
vulnerable
adult
is
nevertheless
removed
from
5
the
parent's
or
guardian's
custody
by
law
enforcement,
a
social
6
worker,
or
another
official
for
invalid
reasons,
including
but
not
7
limited
to
imminent
harm
or
danger;
8
(c)
A
child
or
vulnerable
adult
has
his
or
her
belongings
taken
by
a
9
doctor,
nurse,
staff,
volunteer,
social
worker,
or
any
other
official
10
without
parental
or
guardian
consent,
including
but
not
limited
to
a
1
1
service
or
therapy
animal,
clothes,
books,
games,
cellular
phone,
wal
-
12
let,
eye
glasses,
water,
or
food;
13
(d)
A
child
or
vulnerable
adult
is
denied
the
freedom
to
continue
care
14
with
his
or
her
own
medical
physicians
and
specialists
as
established
by
15
the
parent
or
guardian;
16
(e)
A
child
abuse
specialist
visits
with
a
child
when
it
has
previously
17
been
verified
that
no
child
abuse
or
neglect
has
occurred;
18
(f)
A
child
or
vulnerable
adult
is
coerced
by
medical
staff
or
a
volun
-
19
teer
into
medical
intervention;
20
(g)
A
doctor,
nurse,
medical
staff,
or
volunteer
takes
photos,
videos,
21
lab
work,
or
x
-
rays
or
conducts
medical
testing,
care,
or
treatment
22
of
or
on
the
child
or
vulnerable
adult
without
consent
of
a
parent
or
23
guardian;
24
(h)
A
child
or
vulnerable
adult
is
forced
by
medical
staff
into
a
medi
-
25
cal
intervention
without
consent
of
the
parent
or
guardian;
26
(i)
A
child
or
vulnerable
adult
is
unreasonably
denied
food,
water,
or
27
other
drinks,
including
supplemental
food
or
drinks;
or
28
(j)
A
child
or
vulnerable
adult
is
ordered
to
have
a
medical
interven
-
29
tion
against
parental
or
guardian
consent
when
it
is
not
required
and
30
may
cause
a
medical
condition
or
harm.
31
(2)
A
parent
or
guardian
has
the
final
decision
in
a
child
or
vulner
-
32
able
adult's
medical
care
and
treatment.
A
parent
or
guardian
shall
have
a
33
parental
and
constitutional
right
to
seek
medical
treatment
and
make
deci
-
34
sions
for
a
child
or
vulnerable
adult
when
the
parent
or
guardian
believes
35
it
is
in
the
best
interests
of
the
child
or
vulnerable
adult,
including
but
36
not
limited
to
accepting
or
denying
medical
intervention,
imaging,
medica
-
37
tion,
or
a
second
opinion.
Such
choices
shall
not
be
deemed
child
abuse
or
38
neglect
and
may
not
be
disputed,
discriminated
against,
reported,
or
inves
-
39
tigated
by
law
enforcement,
a
social
worker,
or
any
other
official.
A
child
40
or
vulnerable
adult
shall
not
be
removed
from
a
parent
or
guardian
and
placed
41
in
state
care,
a
hospital,
or
any
other
medical
treatment
facility
by
law
en
-
42
forcement,
a
social
worker,
or
any
other
official
unless
there
is
a
known
in
-
43
stance
of
abuse
or
neglect
and
a
criminal
complaint
has
been
filed
in
an
in
-
44
vestigation.
Treating
medical
doctors,
nurses,
specialists,
staff,
and
any
45
other
medical
facility
employees
or
volunteers
shall
abide
by
a
parent's
or
46
guardian's
wishes.
Any
reports
made
by
a
reporting
person
must
be
substan
-
47
tiated
by
clear
and
convincing
evidence
that
a
parent
or
guardian
has
acted
48
with
negligence
or
malicious
intent
to
harm
the
child.
49
3
(3)
If
a
child
or
vulnerable
adult
has
a
medical
reason,
including
but
1
not
limited
to
influenza,
gastrointestinal
issues,
or
a
compromised
immune
2
system,
such
reason
shall
not
be
excluded
as
a
valid
cause
or
part
of
a
cause
3
for
which
a
parent
or
guardian
has
brought
a
child
or
vulnerable
adult
in
for
4
medical
treatment.
In
such
cases,
it
shall
not
be
assumed
that
abuse
or
ne
-
5
glect
has
occurred,
that
social
services
are
required,
or
that
an
investiga
-
6
tion
on
the
part
of
child
protective
services
is
required.
7
(4)
When
a
parent
or
guardian
brings
a
child
in
for
medical
care
at
a
8
doctor's
office,
urgent
care
clinic,
hospital,
or
other
medical
treatment
9
facility
and
after
a
screening
for
child
abuse
or
neglect
has
established
10
there
has
not
been
abuse
or
neglect,
then
no
further
reporting
or
investi
-
1
1
gation
by
a
doctor,
nurse,
staff,
volunteer,
social
worker,
law
enforcement,
12
or
any
other
person
or
official
shall
be
conducted.
13
(5)
When
a
social
worker,
psychiatrist,
or
psychologist
visits
with
a
14
parent,
guardian,
child,
or
vulnerable
adult
and
concludes
that
no
further
15
investigation
is
warranted,
then
no
doctor,
nurse,
staff,
social
worker,
16
law
enforcement,
or
any
other
person
or
official
shall
conduct
any
further
17
questioning
regarding
abuse
or
neglect
and
may
provide
only
medical
care
or
18
treatment.
19
(6)
If
a
parent
or
guardian
determines
that
such
parent
or
guardian,
the
20
child,
or
the
vulnerable
adult
is
being
mistreated
by
a
doctor,
nurse,
staff,
21
or
volunteer
at
a
medical
facility,
there
is
a
right
to
leave
the
facility
22
and
seek
further
medical
care
at
another
facility
on
the
person's
own
accord
23
and
without
any
involvement
by
law
enforcement,
a
social
worker,
or
any
other
24
official.
25
(7)
If
a
doctor,
nurse,
staff,
volunteer,
social
worker,
or
any
other
26
person
at
a
medical
facility
contacts
child
protective
services,
adult
pro
-
27
tective
services,
or
law
enforcement
after
no
initial
indication
of
abuse
or
28
neglect
is
found,
such
person
may
be
subject
to
the
provisions
of
sections
29
16
-
1607,
18
-
5415,
and
56
-
1008,
Idaho
Code,
and
the
provisions
of
chapter
45,
30
title
18,
and
chapter
10,
title
32,
Idaho
Code,
and
any
resulting
child
pro
-
31
tection
case
shall
be
terminated.
32
(8)
Any
person
who
commits
medical
kidnapping
as
described
in
this
sec
-
33
tion
shall
be
subject
to:
34
(a)
Loss
of
licensure
as
provided
in
the
applicable
provisions
of
title
35
54,
Idaho
Code;
36
(b)
The
provisions
of
chapter
45,
title
18,
Idaho
Code;
37
(c)
Registration
in
the
national
child
abuse
and
neglect
data
system
38
and
the
Idaho
child
protection
central
registry
as
level
one;
and
39
(d)
An
investigation
by
child
and
family
services
or
adult
protective
40
services
if
the
individual
has
full
or
partial
custody
of
a
child
or
vul
-
41
nerable
adult.
The
individual
shall
complete
all
requirements
and
rec
-
42
ommendations
imposed
as
a
result
of
such
investigation,
including
but
43
not
limited
to:
44
(i)
A
full
psychological
evaluation;
and
45
(ii)
Attendance
at
in
-
depth
courses
addressing
parenting,
nu
-
46
trition,
special
needs
of
individuals,
and
trauma.
Such
courses
47
shall
not
be
taught
by
a
social
worker,
the
Idaho
department
of
48
health
and
welfare,
or
any
state
employee
or
state
contractor.
49
4
(9)
When
medical
kidnapping
as
defined
in
this
section
involves
a
1
child,
a
parent
or
guardian
may
report
such
child
as
a
missing
child
as
de
-
2
fined
in
section
18
-
4508,
Idaho
Code.
3
(10)
Medical
staff,
including
doctors,
nurses,
volunteers,
or
other
4
officials,
shall
not
use
inappropriate
language
or
any
discriminatory
or
5
derogatory
references
to
describe
a
child
or
vulnerable
adult
in
their
care.
6
A
person
who
uses
such
language
may
be
subject
to
a
cause
of
action
from
a
7
parent
or
guardian.
8
(11)
If
a
child
or
vulnerable
adult
is
subject
to
medical
kidnapping
un
-
9
der
this
section,
the
parent
or
guardian
of
the
child
or
vulnerable
adult
10
shall
have
a
cause
of
action
against
the
individuals
involved
in
the
medical
1
1
kidnapping
for
restitution
and
may
recover
damages
and
attorney's
fees
and
12
any
other
remedy
provided
by
law.
13
SECTION
3.
That
Section
18
-
4501,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
18
-
4501.
KIDNAPING
KIDNAPPING
DEFINED.
Every
person
who
wilfully:
16
(1)
A
person
is
guilty
of
kidnapping
if
the
person
willfully:
17
1.
(a)
Seizes,
confines,
inveigles
,
or
kidnaps
another
,
with
intent
to
18
cause
him
or
her
,
without
authority
of
law,
to
be
secretly
confined
or
19
imprisoned
within
this
state,
or
to
be
sent
out
of
this
state,
or
in
any
20
way
held
to
service
or
kept
or
detained
against
his
or
her
will;
or,
21
2.
(b)
Leads,
takes,
entices
away
,
or
detains
a
child
under
the
age
22
of
sixteen
(16)
years
eighteen
(18)
years
of
age
,
with
intent
to
keep
23
or
conceal
it
the
child
from
its
a
custodial
parent,
guardian
,
or
other
24
person
having
lawful
care
or
control
thereof,
or
with
intent
to
steal
25
any
article
upon
on
the
person
of
the
child;
or,
26
3.
(c)
Abducts,
entices
,
or
by
force
or
fraud
unlawfully
takes
or
car
-
27
ries
away
another
at
or
from
a
place
without
the
state,
or
procures,
ad
-
28
vises,
aids
,
or
abets
such
an
abduction,
enticing,
taking
,
or
carrying
29
away,
and
afterwards
sends,
brings,
has
,
or
keeps
such
person
,
or
causes
30
him
or
her
to
be
kept
or
secreted
within
this
state;
or
,
31
4.
(d)
Seizes,
confines,
inveigles,
leads,
takes,
entices
away
,
or
32
kidnaps
another
against
his
will
to
extort
money,
property
,
or
any
other
33
thing
of
value
or
obtain
money,
property
,
or
reward
or
any
other
thing
of
34
value
for
the
return
or
disposition
of
such
person
is
guilty
of
kidnap
-
35
ing
.
36
(2)
"Kidnapping"
shall
be
deemed
to
include
"medical
kidnapping"
as
de
-
37
scribed
in
section
16
-
1650,
Idaho
Code.
38
SECTION
4.
That
Chapter
53,
Title
39,
Idaho
Code,
be,
and
the
same
is
39
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
40
ignated
as
Section
39
-
5313,
Idaho
Code,
and
to
read
as
follows:
41
39
-
5313.
MEDICAL
KIDNAPPING.
(1)
For
purposes
of
this
section,
"med
-
42
ical
kidnapping"
means
the
wrongful
removal
of
a
vulnerable
adult
from
a
43
guardian
by
law
enforcement,
a
social
worker,
or
another
official
when:
44
(a)
The
guardian
questions,
denies,
or
declines
a
potential
medical
in
-
45
tervention
for
the
vulnerable
adult
or
chooses
to
seek
a
second
opinion
46
5
when
there
is
cause
for
concern
that
the
potential
medical
intervention
1
would
do
harm
to
the
vulnerable
adult;
or
2
(b)
The
guardian
presents
the
vulnerable
adult
for
medical
interven
-
3
tion
at
a
health
care
facility
and:
4
(i)
A
screening
establishes
that
the
vulnerable
adult
is
not
5
abused,
neglected,
or
exploited;
and
6
(ii)
The
vulnerable
adult
is
nevertheless
removed
from
the
7
guardian's
custody
by
law
enforcement,
a
social
worker,
or
another
8
official
for
invalid
reasons,
including
but
not
limited
to
immi
-
9
nent
harm
or
danger.
10
(2)
If
a
vulnerable
adult
is
subject
to
medical
kidnapping
under
this
1
1
section,
the
guardian
of
the
vulnerable
adult
shall
have
a
cause
of
action
12
against
the
individuals
involved
in
the
medical
kidnapping
for
restitution
13
and
may
recover
damages
and
attorney's
fees
and
any
other
remedy
provided
by
14
law.
15
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
16
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
17
July
1,
2026.
18