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ID S1182

Bill

Status

Introduced

3/15/2017

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Amends Idaho Code Section 16-1602 to revise the definition of "neglected" child to clarify that choosing spiritual/prayer-based treatment alone or in part instead of medical treatment is protected as free exercise of religion, a fundamental right.

  • Establishes that a child shall not be deemed neglected solely for receiving prayer-based treatment unless the failure to receive medical treatment is likely to result in serious permanent injury or death, and requires courts to consider the child's wishes in such determinations.

  • Amends Idaho Code Section 16-1627 to revise emergency medical treatment authorization procedures to acknowledge that parents choosing prayer-based treatment are engaging in free exercise of religion, which government cannot substantially burden even under rules of general applicability.

  • Modifies court procedures for authorizing emergency medical care to require consideration of any prayer-based treatment the child is receiving and adds religious freedom protections to the decision-making standard.

Legislative Description

Amends existing law to revise a provision regarding medical treatment by prayer through spiritual means.

CHILDREN

Last Action

Filed in Office of the Secretary of Senate

3/21/2017

Committee Referrals

Judiciary and Rules3/15/2017

Full Bill Text

No bill text available