This bill amends Section 32-717C of the Idaho Code to enhance the procedures surrounding allegations of child abuse in custody proceedings. It establishes that when a credible allegation of child abuse, neglect, or other criminal acts is made, the court must order an investigation by the Department of Health and Welfare or the appropriate law enforcement agency. The bill specifies that a final custody or visitation award cannot be made until a written report from the investigation is received, and it extends the investigation period to a maximum of 42 days, with mandatory status updates if the investigation exceeds this timeframe. Additionally, the bill introduces provisions for temporary protective measures during the investigation and clarifies that findings regarding allegations should not rely solely on the opinions of court-appointed professionals.

Furthermore, the bill adds a new section, 32-717F, which outlines the conditions under which temporary and ex parte custody orders can be issued. It limits the duration of temporary custody orders to 49 days and requires clear and convincing evidence for any extensions. Ex parte orders can only be issued based on sworn evidence of imminent danger and must expire after 14 days unless a full evidentiary hearing is conducted. The bill emphasizes that temporary or ex parte orders should not serve as long-term deprivations of parental rights, ensuring that custody matters are resolved in a timely manner. An emergency clause is included, making the act effective on July 1, 2026.

Statutes affected:
Bill Text: 32-717C