House Bill 821 Summary

• Creates new Idaho Code Section 16-1648 defining "medical kidnapping" as the wrongful removal of a minor or vulnerable adult by law enforcement or social workers when a parent questions medical treatment, denies consent, or seeks a second opinion.

• Establishes parental rights to make final medical decisions for children and vulnerable adults, prohibiting removal from parental care or investigation by child protective services absent a known instance of abuse or neglect.

• Requires that once a medical screening establishes no abuse or neglect occurred, no further reporting or investigation shall be conducted by medical staff, social workers, or law enforcement.

• Imposes penalties on persons committing medical kidnapping including loss of licensure, criminal prosecution under Idaho Code Chapter 45, registration in child abuse registries, and psychological evaluations if they have custody of children.

• Grants parents and guardians a civil cause of action for damages and attorney's fees against individuals involved in medical kidnapping and allows parents to report medically kidnapped children as missing children.

• Effective July 1, 2022 as an emergency measure.