Idaho S 1106: JUVENILE PROCEEDINGS – Adds to existing law to provide rights of parents, guardians, and others during child protection investigations.

Bill Text

LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature First Regular Session - 2023
IN THE SENATE
SENATE BILL NO. 1106
BY JUDICIARY AND RULES COMMITTEE
AN ACT1
RELATING TO CHILD PROTECTION; AMENDING CHAPTER 16, TITLE 16, IDAHO CODE, BY2
THE ADDITION OF A NEW SECTION 16-1648, IDAHO CODE, TO ESTABLISH PROVI-3
SIONS REGARDING RIGHTS DURING CERTAIN INVESTIGATIONS; AND DECLARING AN4
EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That Chapter 16, Title 16, Idaho Code, be, and the same is7
hereby amended by the addition thereto of a NEW SECTION, to be known and des-8
ignated as Section 16-1648, Idaho Code, and to read as follows:9
16-1648. NOTIFICATION OF RIGHTS. (1) When the department, in accor-10
dance with this chapter, commences an investigation after having received11
information that a child may be abused, neglected, or abandoned and in the12
course of such investigation contacts, directly and in person, the parents,13
guardians, or any persons having legal custody of the child, then the de-14
partment shall notify such parents, guardians, or persons that they have the15
right to:16
(a) Refuse to answer questions;17
(b) Consult with an attorney and have an attorney present during an in-18
vestigation;19
(c) Refuse entry to their home or other real property; and20
(d) Refuse the questioning of any minor children in their home or on21
their property, unless there is an order issued by a court of competent22
jurisdiction authorizing a particular entry or particular questioning23
or examination.24
(2) The notification required by subsection (1) of this section shall25
be made in writing at the time of or within seventy-two (72) hours after the26
department makes the first contact directly and in person with the parents,27
guardians, or other persons having legal custody of the child.28
(3) A parent, guardian, or other person having legal custody of the29
child may expressly assert the rights provided in this section.30
(4) The notification required by subsection (1) of this section shall31
be made in writing on a form prescribed by the department.32
(5) The parents, guardians, or other persons having legal custody of33
the child shall have standing to challenge a violation of the provisions of34
this section, and such parents, guardians, or persons shall be awarded costs35
and attorney's fees in accordance with section 12-117, Idaho Code.36
SECTION 2. An emergency existing therefor, which emergency is hereby37
declared to exist, this act shall be in full force and effect on and after38
July 1, 2023.39