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ID H0113
Bill
Status
4/2/2015
Primary Sponsor
State Affairs Committee
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AI Summary
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Establishes parental rights to care, custody, and control of minor children as fundamental rights rooted in Idaho's due process protections and the U.S. Ninth Amendment.
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Grants parents with legal custody the fundamental right and duty to make educational decisions for their children, including choices authorized under Idaho Code section 33-202 and the Idaho Constitution.
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Prohibits the state of Idaho and political subdivisions from restricting or interfering with these parental rights unless they demonstrate by clear and convincing evidence that the restriction is essential to a compelling governmental interest and the least restrictive means available.
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Allows parents to assert violations of these rights as a claim or defense in judicial proceedings and entitles prevailing parents to recover reasonable attorney's fees and costs from the state or political subdivisions.
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Preserves the Child Protective Act in Idaho Code chapter 16, title 16, without altering its provisions or burden of proof standards.
Legislative Description
Adds to existing law to provide the parental right to direct the care, custody and control of children; to provide the parental right to direct the education of children; to restrict interference with fundamental parental rights and to provide that this act shall not invalidate the Child Protective Act, to authorize a claim, defense and appropriate relief and to provide for attorney's fees.
PARENT AND CHILD
Last Action
Reported Signed by Governor on April 2, 2015 Session Law Chapter 219 Effective: 07/01/2015
4/2/2015