Bill Description: House Bill 859 would add a provision to Chapter 7, Title 32, Idaho Code, which would require courts to restore a parent’s lost or restricted time with a child or children when allegations of abuse are unsubstantiated or not proven by clear and convincing evidence. Additionally, it strengthens enforcement remedies if there is willful interference with a restoration order.
Rating: +2
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?
House Bill 859 reinforces the fundamental rights of parents to have custody, care, and control of their children. Unfortunately, false allegations of abuse that are neither substantiated nor proven, are often used as a tool to remove custody from one parent in a child custody case for an extended period of time. H859 codifies that if a parent is found not guilty of alleged abuse, the time missed with their child or children shall be restored by court order. The bill states, “(2) A restoration plan shall provide for prompt recovery of equivalent parenting time in a manner that minimizes disruption to the child and preserves stability and continuity, including comparable time for missed holidays, school breaks, or special periods.”
By creating a mechanism to restore lost parenting time, H859 significantly limits the ability of one party or the state to effectively strip parental rights to a child for months or even years without compensatory time.
(+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?
House Bill 859 reinforces the foundational role of the family in society by ensuring that children maintain meaningful relationships with both parents. If a parent is accused of abuse and has their custody “restricted, suspended, or supervised” for extended periods of time, the parent-child relationship is almost always deeply wounded. Wrongfully denied parenting time harms both the child and the excluded parent. H859 ensures courts can restore time that was unjustly taken, reinforcing accountability and stability in custody arrangements.
Additionally, the bill includes a provision for recourse in the case of “willful interference with a restoration order,” which is a continued parent-child relationship disruption. The bill states, “Willful interference with a restoration order shall result in enforceable remedies, including contempt and compensatory parenting time, and the court shall refer apparent violations of title 18, Idaho Code, relating to custody interference to the appropriate prosecuting attorney.”
(+1)
