The bill amends Section 16-1602 of the Idaho Code to revise definitions related to child welfare, specifically updating the terms "neglected" and introducing a new definition for "medical neglect." The updated definition of "neglected" clarifies that a child may be considered neglected if they lack proper parental care due to the actions or inactions of their parents or guardians. The new definition of "medical neglect" pertains to the failure to seek necessary health care for a life-threatening condition that a reasonable person would recognize as requiring medical attention. The bill also outlines specific circumstances under which a parent, guardian, or custodian would not be considered to have committed medical neglect, such as actively seeking health care services or when the health condition is a known complication of the child's diagnosis.
In addition, the bill amends Section 39-5302 to define terms relevant to adult protective services, including "administrator," "adult," and "adult protective services," thereby enhancing the legal framework for protecting vulnerable adults. It introduces key terms such as "financial exploitation," "formal caregiver," and "vulnerable adult," while specifying that guardians will not be held liable for medical neglect if they have taken reasonable steps to seek care or if the health condition is a known complication of the adult's diagnosis. The legislation emphasizes the importance of seeking appropriate healthcare and considers conflicting medical advice, aiming to improve the protection of vulnerable adults while recognizing their rights to choose spiritual treatment over medical intervention. The bill is set to take effect on July 1, 2026, following the declaration of an emergency.
Statutes affected: Bill Text: 16-1602, 39-5302