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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1393
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CUSTODY;
AMENDING
SECTION
32
-
717C,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
ALLEGATIONS
OF
ABUSE
AND
INVESTIGATIONS;
AMEND
-
3
ING
CHAPTER
7,
TITLE
32,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
4
32
-
717F,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
TEMPORARY
AND
5
EX
PARTE
ORDERS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
6
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
32
-
717C,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
32
-
717C.
ALLEGATIONS
OF
ABUSE
-
-
INVESTIGATION.
(1)
When,
in
any
1
1
divorce
proceeding
or
upon
request
for
modification
of
a
divorce
decree,
an
12
proceeding
affecting
child
custody
or
parenting
time,
a
credible
allegation
13
of
child
abuse
or
child
sexual
abuse
,
neglect,
or
other
criminal
acts
is
14
made,
implicating
either
party,
the
court
shall
order
by
a
written
notice
15
and
request
that
an
investigation
be
conducted
by
the
department
of
health
16
and
welfare
,
or
by
the
appropriate
law
enforcement
agency,
if
applicable
.
A
17
final
award
of
custody
,
parenting
time,
or
visitation
may
shall
not
be
ren
-
18
dered
until
a
written
report
on
that
investigation
is
received
by
the
court.
19
That
investigation
shall
be
conducted
by
the
department
within
thirty
(30)
20
days
of
the
court's
notice
and
request
for
investigation.
The
investigating
21
agency
shall
make
reasonable
efforts
to
complete
the
investigation
and
sub
-
22
mit
a
written
report
within
forty
-
two
(42)
calendar
days
unless
extended
by
23
the
court
upon
documented
reasonable
cause.
24
(2)
If
an
investigation
extends
beyond
forty
-
two
(42)
calendar
days,
25
the
investigating
agency
shall
provide
written
status
updates
to
the
court
26
every
fourteen
(14)
calendar
days.
Upon
receipt
of
the
investigative
re
-
27
port,
the
court
shall
review
whether
continued
restriction
meets
the
clear
28
and
convincing
standard.
29
(3)
During
the
investigation,
the
court
may
issue
temporary
protective
30
measures
only
for
good
cause
and
in
compliance
with
32
-
717F,
Idaho
Code.
Any
31
ex
parte
or
temporary
order
shall
state
an
expiration
date
and
create
no
pre
-
32
sumption
for
or
against
either
parent.
33
(4)
Findings
regarding
allegations
shall
not
be
based
solely
on
the
34
opinions
or
recommendations
of
guardians
ad
litem,
evaluators,
or
other
35
court
-
appointed
professionals.
36
(5)
A
safety
plan
is
a
nonbinding,
nonadjudicative,
temporary
proposal
37
initiated
by
a
governmental
entity
or
government
-
affiliated
actor
and
shall
38
be
considered
solely
as
protective
in
nature.
39
2
SECTION
2.
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
order,
but
such
order
shall
not
remain
in
effect
longer
than
5
forty
-
nine
(49)
calendar
days,
shall
create
no
presumption
regarding
the
6
child's
best
interests,
and
shall
not
operate
as
a
de
facto
permanent
modi
-
7
fication.
8
(2)
Any
temporary
restriction
shall
expire
on
the
forty
-
ninth
calen
-
9
dar
day
unless
continued
by
written
findings
supported
by
clear
and
convinc
-
10
ing
evidence.
Nothing
in
this
subsection
shall
require
repeated
evidentiary
1
1
hearings
where
the
parties
stipulate
to
continuation
or
where
no
party
seeks
12
modification.
13
(3)
An
ex
parte
order
restricting
custody,
parenting
time,
or
contact
14
may
be
issued
only
upon
sworn
admissible
evidence
establishing
probable
15
cause
of
imminent
physical
danger
to
the
child
or
a
parent.
Speculation,
16
generalized
fear,
or
uncorroborated
assertions
are
insufficient.
The
court
17
shall
consider
known
inculpatory
and
exculpatory
evidence.
18
(4)
An
ex
parte
order
shall
expire
fourteen
(14)
calendar
days
from
is
-
19
suance,
shall
state
on
its
face
the
date
and
time
of
expiration,
and
shall
not
20
be
extended
or
converted
into
a
temporary
order
without
a
full
evidentiary
21
hearing
and
written
findings.
22
(5)
A
court
shall
not
delay
resolution
of
a
custody
matter
such
that
a
23
temporary
or
ex
parte
order
functions
as
a
long
-
term
deprivation
of
parental
24
rights.
25
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
26
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
27
July
1,
2026.
28