Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1394
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
CUSTODY;
AMENDING
SECTION
32
-
717E,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
SUPERVISED
VISITATION;
AND
DECLARING
AN
EMERGENCY
3
AND
PROVIDING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
32
-
717E,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
32
-
717E.
SUPERVISED
VISITATION
-
-
SUPERVISED
ACCESS
PROVIDERS
-
-
8
RECORD
CHECKS.
(1)
If
the
court
orders
supervised
visitation
in
proceedings
9
between
parents
in
which
custody
and
parenting
time
of
a
minor
child
is
at
10
issue,
the
court
shall
state
in
its
decision
the
reasons
for
supervised
visi
-
1
1
tation.
The
supervised
visitation
order
shall
be
reviewed
within
forty
-
nine
12
(49)
calendar
days
of
the
initial
order.
Absent
good
cause
shown
by
clear
and
13
convincing
evidence,
supervised
visitation
shall
not
be
ordered
or
contin
-
14
ued.
15
(2)
All
supervised
visitation
orders
shall
include
clear,
objective
16
conditions
for
transition
to
unsupervised
parenting
time
and
periodic
re
-
17
views
at
intervals
not
to
exceed
ninety
(90)
days,
unless
otherwise
ordered
18
by
the
court
for
good
cause.
19
(3)
Preference
shall
be
given
to
unpaid
supervised
access
providers
20
agreed
on
by
the
parties.
21
(4)
In
cases
in
which
a
court
has
ordered
that
contact
between
a
per
-
22
son
and
one
(1)
or
more
children
shall
take
place
only
in
the
presence
of
an
23
approved
provider,
or
where
the
court
has
ordered
supervised
exchanges
or
24
transfers
of
one
(1)
or
more
children,
the
court
may
appoint
an
individual
25
or
entity
as
a
supervised
access
provider
to
provide
such
supervised
access
26
or
to
facilitate
such
exchanges
or
transfers.
The
qualifications
and
duties
27
of
supervised
access
providers
shall
be
as
specified
in
rules
adopted
by
the
28
supreme
court.
A
supervised
access
provider
who
is
paid
for
providing
super
-
29
vised
access
services
shall,
prior
to
acting
in
such
capacity
and
at
his
or
30
her
own
cost,
submit
to
a
fingerprint
-
based
criminal
history
check
through
31
any
law
enforcement
office
in
the
state
providing
such
service.
The
crimi
-
32
nal
history
check
shall
include
a
statewide
criminal
identification
bureau
33
check,
federal
bureau
of
investigation
criminal
history
check,
child
abuse
34
registry
check,
adult
protection
registry
check
and
statewide
sex
offender
35
registry
check.
A
record
of
all
background
checks
shall
be
maintained
in
the
36
office
of
the
supreme
court
of
the
state
of
Idaho.
37
(5)
A
parent's
legitimate
inability
to
attend
supervised
visitation
38
shall
not
be
deemed
a
voluntary
relinquishment
of
time.
39
(6)
Nothing
in
this
section
shall
be
construed
to
permit
the
use
of
40
supervised
visitation
as
a
punitive
measure,
leverage,
or
a
substitute
for
41
proof
of
unfitness.
42
2
(7)
The
provisions
of
this
section
apply
only
to
custody
and
parenting
1
time
determinations
between
parents
and
shall
not
modify,
limit,
or
super
-
2
sede
proceedings
under
chapter
16,
title
16,
Idaho
Code.
3
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
4
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
5
July
1,
2026.
6