Bill Analyses and Ratings
Bill Information: H0859 – Restoration of Lost Parenting Time in Custody Cases
Bill Summary
House Bill 859 adds Section 32-717F to Idaho Code, creating a legal framework requiring courts to restore parenting time to parents whose custody was restricted, suspended, or supervised based on abuse allegations that are later found unsubstantiated or that fail to meet the clear and convincing evidence standard. When such a finding is made, the court must order restoration of the lost parenting time through a written restoration plan that accounts for missed holidays, school breaks, and other special periods, structured to minimize disruption to the child.
The bill mandates compensatory parenting time equal in type and duration to any time wrongfully denied, to be exercised as soon as reasonably practicable. The only exception is when clear and convincing evidence establishes that immediate restoration would pose a risk of substantial harm to the child. Parents who willfully interfere with a restoration order face contempt proceedings and additional compensatory time, and courts must refer apparent custody interference violations to the appropriate prosecuting attorney under Title 18 of Idaho Code.
The bill takes effect January 1, 2027, giving courts and families time to adapt to the new requirements. It defines ‘restoration plan’ as a written schedule setting forth the timing, conditions, and process for returning a parent’s custody or parenting time to their lawful entitlement under the default custody framework or a final custody order.
Overall Assessment
This bill protects parents who lose custody or parenting time based on abuse allegations that courts ultimately find unsubstantiated, ensuring they recover the time they were denied. Parents wrongly separated from their children gain a mandatory legal remedy — compensatory parenting time equivalent in type and duration to what was lost — rather than having that time permanently forfeited. Children benefit from restored relationships with both parents and from restoration plans designed to preserve stability and continuity. Courts gain clear enforcement tools, including contempt and criminal referral, to deter bad-faith interference with custody orders.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill creates new family court procedures for custody restoration but contains no provisions addressing fiscal responsibility, government spending, taxation, or legislative reform. Its scope is entirely within family law and judicial process.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill governs judicial proceedings in custody disputes and has no bearing on citizen participation in government, voting processes, elections, or civic engagement mechanisms.
ARTICLE III. EDUCATION (0)
While the bill references 'school breaks' as a category of parenting time subject to restoration, this is incidental to the custody framework rather than a provision affecting education policy, school funding, curriculum, or parental rights in schooling.
ARTICLE IV. AGRICULTURE (0)
The bill addresses child custody and parenting time exclusively and has no connection to agriculture, farming, ranching, water rights for agricultural use, or related policy areas.
ARTICLE V. WATER (0)
The bill contains no provisions related to water rights, water management, appropriation, or state sovereignty over water resources.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill is confined to family law and child custody procedures, with no provisions touching natural resources, environmental regulation, or land management.
ARTICLE VII. ENERGY (0)
The bill has no connection to energy policy, energy production, utility rates, or energy independence. Its subject matter is entirely within family court jurisdiction.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill addresses child custody restoration and has no relationship to the Idaho National Laboratory, nuclear research, or technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill governs parental rights in custody proceedings, not private property ownership, takings, land use, or due process protections for property. These are distinct legal domains.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill contains no provisions related to state or federal land ownership, management, or transfer. It operates exclusively within family law.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses child custody and parenting time and has no connection to wildlife management, hunting, fishing, or predator control policy.
ARTICLE XII. ECONOMY (0)
The bill creates new family court procedures and does not address commerce, business regulation, labor markets, transportation, or economic development policy.
ARTICLE XIII. HEALTH AND WELFARE (0)
Although the bill touches on child welfare in the context of custody disputes, it addresses the restoration of parenting time rather than child support enforcement, healthcare access, insurance, or financial security for children — the specific welfare mechanisms this metric covers.
ARTICLE XIV. AMERICAN FAMILY (1)
The bill directly strengthens parental rights by requiring courts to restore custody and parenting time when abuse allegations are found unsubstantiated, preventing the permanent loss of parent-child relationships based on unproven claims. Section 1 mandates court-ordered restoration, Section 3 requires compensatory time equal in type and duration to what was denied, and the enforcement provisions deter bad-faith interference with a parent's lawful custody rights. This reinforces the principle that family bonds should not be severed by the state without sufficient evidentiary justification.
ARTICLE XV. OLDER AMERICANS (0)
The bill addresses child custody disputes between parents and has no provisions affecting older Americans, senior services, retirement, or elder care policy.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
While the bill includes enforcement mechanisms — contempt proceedings and referral of custody interference violations to prosecutors under Title 18 — these are ancillary tools within a family law framework rather than provisions addressing criminal justice, sentencing, firearms, drug enforcement, or the other law enforcement priorities this metric covers.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill is confined to family court custody procedures and has no connection to national defense, military readiness, border security, veterans' affairs, or immigration enforcement.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill creates new substantive family law requirements for courts to apply but does not address how judges are selected, elected, or retained, nor does it speak to judicial interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill governs custody restoration procedures in family court and contains no provisions related to religious exercise, conscience protections, or government interference with religious practice.