Bill Description: House Bill 524 would strengthen Idaho’s child custody interference law by clarifying enforcement duties for police, setting timelines for welfare checks, and creating a graduated penalty system that escalates from fines to felony charges for repeat interference violations. It also requires courts to award make-up parenting time when custody or visitation is wrongfully denied, without treating that remedy as a modification of the custody order.
Rating: +1
Does it create, expand, or enlarge any agency, board, program, function, or activity of government? Conversely, does it eliminate or curtail the size or scope of government?
Under 18-4506 (4) and (5) and Chapter 7, 32-717F, H524 significantly expands the role of law enforcement and the courts in family disputes by mandating welfare checks, written reports, enforcement timelines, and state oversight for noncompliance. This bill also imposes four-hour response requirements and detailed reporting obligations on law enforcement.
Additionally, it requires courts to award compensatory parenting time in many circumstances, undermining judicial discretion unless “good cause” is shown. This shifts decision-making away from individualized judicial judgment toward statutory mandates.
(-1)
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
The bill establishes a graduated penalty structure that escalates custody interference from an infraction to a felony, increasing fines and jail time for repeat offenses. Violation of custody orders and agreements are not victimless. Children and parents are both harmed when there is interference in lawful custody arrangements.
(0)
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
H 524 reinforces constitutionally protected parental rights by affirming that lawful custody and visitation orders must be respected and enforced, rather than ignored or informally overridden. By requiring prompt welfare checks and restoration of parenting time without forcing parents into costly custody modifications, the bill supports due process and the right of parents to maintain a relationship with their children.
(+1)
Does it promote the breakdown of the traditional family or the deconstruction of societal norms? Examples include promoting or incentivizing degeneracy, violating parental rights, and compromising the innocence of children. Conversely, does it protect or uphold the structure, tenets, and traditional values of Western society?
The bill upholds the traditional family structure by discouraging unilateral denial of parenting time and ensuring that both parents’ court-recognized roles are honored. By providing remedies that restore lost custody or visitation rather than rewarding interference, H 524 protects parental authority, reinforces responsibility, and prioritizes the stability and well-being of children.
(+1)
