Bill Analyses and Ratings

Bill Summary

Senate Bill 1393 amends Idaho Code §32-717C and adds new §32-717F to reform how courts handle abuse allegations and temporary orders in child custody proceedings. Under the revised §32-717C, courts must order investigations by the Department of Health and Welfare or law enforcement whenever a credible allegation of child abuse, neglect, or criminal acts arises in any custody or parenting time proceeding—not just divorce cases. No final custody or visitation award may be issued until the court receives a written investigative report, which agencies must complete within 42 calendar days or provide written status updates every 14 days if extended. The bill also bars courts from basing findings solely on the opinions of guardians ad litem or other court-appointed professionals, and clarifies that safety plans issued by government entities are nonbinding and nonadjudicative.

New §32-717F places hard limits on temporary and ex parte custody orders. Temporary orders expire after 49 calendar days and cannot be extended without written findings supported by clear and convincing evidence. Ex parte orders restricting custody or parenting time require sworn, admissible evidence of imminent physical danger—speculation or uncorroborated assertions are explicitly insufficient—and expire automatically after 14 calendar days. Converting an ex parte order into a temporary order requires a full evidentiary hearing. Courts are prohibited from allowing temporary orders to function as de facto permanent custody modifications through delay.

The bill takes effect July 1, 2026, under an emergency declaration. Together, the provisions tighten evidentiary standards for restricting parental access, impose accountability timelines on investigating agencies, and prevent courts from using procedural inertia to deprive parents of custody rights without proper adjudication.

Overall Assessment

This bill’s most significant impact is on parents involved in custody disputes, particularly those facing allegations of abuse or those whose parenting time has been restricted through temporary or ex parte orders. By capping ex parte orders at 14 days and temporary orders at 49 days—and requiring clear and convincing evidence to extend them—the bill prevents courts from indefinitely sidelining a parent without a full hearing. It simultaneously strengthens child protection by mandating written investigative reports before any final custody award and requiring law enforcement involvement where applicable, ensuring allegations are formally evaluated rather than resolved through judicial discretion alone.