ID H0004

Amends Section 32-1013 of Idaho Code to prohibit emergency, extreme emergency, extreme peril, or disaster declarations or orders from being considered a compelling governmental interest to restrict parental rights.

Specifies that such declarations cannot justify forced medical action, forced removal of a child from the home, or other actions that abridge parental rights as defined in the chapter.

Maintains that any restriction of parental rights must still demonstrate by clear and convincing evidence that it is essential to further a compelling governmental interest and is the least restrictive means available.

Preserves existing child protective act provisions in Idaho Code Chapter 16, Title 16, and does not modify the burden of proof in child protective proceedings.

Allows parents whose fundamental rights are violated to assert violations as claims or defenses in judicial proceedings and recover reasonable attorney's fees and costs if they prevail against the state or political subdivisions.