T32CH10

Title 32 > T32CH10

Sections (13)

32-1001

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1001. Allowance to parent for support of child. The proper court may direct an allowance to be made to the parent of a child, out of its property for its past or future support and education, on such conditions as may be proper, whenever such direction is for its benefit. History: [(32-1001) R.S., sec. 2530; reen. R.C. & C.L., sec. 2694; C.S., sec. 4675; I.C.A., sec. 31-1001.]

32-1003

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1003. Liability of parent for child’s necessaries. If a parent neglects to provide articles necessary for his child who is under his charge, according to his circumstances, a third person may in good faith supply such necessaries, and recover the reasonable value thereof from the parent. History: [(32-1003) R.S., sec. 2532; reen. R.C. & C.L., sec. 2696; C.S., sec. 4677; I.C.A., sec. 31-1003.]

32-1004

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1004. Wages of minors. The wages of a minor employed in service may be paid to him, unless, within thirty (30) days after the commencement of the service the parent or guardian entitled thereto gives the employer notice that he claims such wages. History: [(32-1004) R.S., sec. 2533; reen. R.C. & C.L., sec. 2697; C.S., sec. 4678; I.C.A., sec. 31-1004.]

32-1005

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1005. Custody of children after separation of parents. (1) When a husband and wife live in a state of separation, without being divorced, any court of competent jurisdiction, upon application of either, if an inhabitant of this state, may inquire into the custody of any unmarried minor child of the marriage, and may award the custody of such child to either, for such time and under such regulations as the case may require. The decision of the court must be guided by the welfare of the child. (2) As used in this chapter: (a) Adaptive equipment means any piece of equipment or any item that is used to increase, maintain or improve the parenting capabilities of a parent with a disability. (b) Disability means, with respect to an individual, any mental or physical impairment which substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working, or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, substance use disorders, compulsive gambling, kleptomania or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the affect of corrective or mitigating measures used to reduce the effects of the impairment. (c) Supportive services means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability to benefit from other services, such as braille texts or sign language interpreters. (3) Nothing in this chapter shall be construed to allow discrimination on the basis of disability. If a parent has a disability as defined in this chapter the parent shall have the right to provide evidence and information regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. The court shall advise the parent of such right. Nothing in this section shall be construed to create any new or additional obligations on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities. In any case where the disability of a parent is found by the court to be relevant to an award of custody of a child, the court shall make specific findings concerning the disability and what affect, if any, the court finds the d

32-1006

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1006. Legitimation of issue by marriage. A child born before wedlock becomes legitimate by the subsequent marriage of its parents. History: [(32-1006) 1876, p. 24, sec. 21; R.S., sec. 2535; reen. R.C. & C.L., sec. 2699; C.S., sec. 4680; I.C.A., sec. 31-1006.]

32-1007

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1007. Rights of parents over children. The father and mother of a legitimate unmarried minor child are equally entitled to its custody, services and earnings. If either the father or mother be dead or be unable or refuse to take the custody or has abandoned his or her family, the other is entitled to the child’s custody, services and earnings. History: [(32-1007) R.C., sec. 2699a, as added by 1915, ch. 120, sec. 1, p. 265; compiled and reen. C.L., sec. 2699a; C.S., sec. 4681; I.C.A., sec. 31-1007.]

32-1009

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1009. Paternity fraud — Child support restitution. Notwithstanding any other provision of law to the contrary, a court shall vacate a child support order if the court finds, by clear and convincing evidence, that the moving party is not the biological father of the child who is the subject of the support order, and that the obligee knowingly and intentionally misrepresented the paternity of the child to the obligor. The obligor shall file the motion to vacate the order within two (2) years of discovery of evidence that he is not the biological father of the child. If the order is vacated, the obligor may bring an action in court against the obligee or the true biological father of the child to obtain restitution for child support previously paid pursuant to the order. History: [32-1009, added 2004, ch. 274, sec. 1, p. 764.]

32-1010

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1010. idaho PARENTAL RIGHTS act. (1) This section through section 32-1014 , Idaho Code, shall be known and may be cited as the Idaho Parental Rights Act. (2) The interests and role of parents in the care, custody and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the ninth amendment to the constitution of the United States. (3) The interests of the parents include the high duty and right to nurture and direct their children’s destiny, including their upbringing and education. (4) The state of Idaho has independent authority to protect its parents’ fundamental right to nurture and direct their children’s destiny, upbringing and education. (5) The protections and rights recognized in sections 32-1011 through 32-1014 , Idaho Code, are rooted in the due process of law guaranteed pursuant to section 13, article I, of the constitution of the state of Idaho. (6) Governmental efforts that restrict or interfere with these fundamental rights are only permitted if that restriction or interference satisfies the strict scrutiny standard provided in section 32-1013 , Idaho Code. (7) Nothing in this act shall be construed as altering the established presumption in favor of the constitutionality of statutes and regulations. (8) The provisions of the Idaho parental rights act are hereby declared to be severable, and if any provision of the act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of the act. History: [32-1010, added 2015, ch. 219, sec. 1, p. 681; am. 2021, ch. 286, sec. 1, p. 860.]

32-1011

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1011. PARENTAL RIGHT TO THE CARE, CUSTODY AND CONTROL OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right to make decisions concerning their care, custody and control. History: [32-1011, added 2015, ch. 219, sec. 2, p. 681.]

32-1012

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1012. PARENTAL RIGHT TO DIRECT THE EDUCATION OF CHILDREN. Parents who have legal custody of any minor child or children have the fundamental right and duty to make decisions concerning their education, including the right to cause the child to be educated in any manner authorized under section 33-202 , Idaho Code, and section 9, article IX, of the constitution of the state of Idaho. History: [32-1012, added 2015, ch. 219, sec. 3, p. 681.]

32-1013

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1013. INTERFERENCE WITH FUNDAMENTAL PARENTAL RIGHTS RESTRICTED. (1) Neither the state of Idaho, nor any political subdivision thereof, may violate a parent’s fundamental and established rights protected by this act, and any restriction of or interference with such rights shall not be upheld unless it demonstrates by clear and convincing evidence that the restriction or interference is both: (a) Essential to further a compelling governmental interest; and (b) The least restrictive means available for the furthering of that compelling governmental interest. (2) The foregoing principles apply to any interference whether now existing or hereafter enacted. (3) Nothing in this act shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16 , Idaho Code, or modify the burden of proof at any stage of proceedings under the child protective act. (4) When a parent’s fundamental rights protected by this act are violated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental entity. (5) If a parent prevails in a civil action against the state, or a political subdivision thereof, as provided in subsection (4) of this section, the parent is entitled to reasonable attorney’s fees and costs. History: [32-1013, added 2015, ch. 219, sec. 4, p. 681.]

32-1014

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1014. emergency order not justification to interfere with parental rights. At no time shall the existence of any order, proclamation, or declaration issued pursuant to chapter 6 or 10, title 46 , Idaho Code, be considered essential to further a compelling governmental interest to justify: (1) Forced medical action on a child; (2) Forced removal of a child from the home; or (3) The violation of or interference with a parent’s fundamental and established rights protected by the Idaho parental rights act. History: [32-1014, added 2021, ch. 286, sec. 2, p. 861.]

32-1015

TITLE 32 DOMESTIC RELATIONS CHAPTER 10 PARENT AND CHILD 32-1015. parental rights in medical decision-making. (1) As used in this section: (a) Governmental entity means the state and its political subdivisions. (b) Health care provider means: (i) A physician, health care practitioner, or other individual licensed, accredited, or certified to perform health care services or provide counseling consistent with state law, or any agent or third-party representative thereof; or (ii) A health care facility or its agent. (c) Health care service means a service for the diagnosis, screening, examination, prevention, treatment, cure, care, or relief of any physical or mental health condition, illness, injury, defect, or disease. (d) Health information means information or data, collected or recorded in any form or medium, and personal facts of information about events or relationships that relates to: (i) The past, present, or future physical, mental, or behavioral health or condition of an individual or member of the individual’s family; (ii) The provision of health care services to an individual; or (iii) Payment for the provision of health care services to an individual. (e) Minor child means an individual under eighteen (18) years of age but does not include an individual who is an emancipated minor. (f) Parent means a biological parent of a child, an adoptive parent of a child, or an individual who has been granted exclusive right and authority over the welfare of a child under state law. (2) Parents have the fundamental right and duty to make decisions concerning the furnishing of health care services to the minor child. (3) Except as otherwise provided by court order, an individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the prior consent of the minor child’s parent. (4) Subsection (3) of this section shall not apply, and a health care provider may authorize or furnish a health care service without obtaining the informed consent of the minor child’s parent, if: (a) A parent of the minor child has given blanket consent authorizing the health care provider to furnish the health care service; or (b) The health care provider reasonably determines that a medical emergency exists and: (i) Furnishing the health care service is necessary in order to prevent death or imminent, irreparable physical injury to the minor child; or (ii) After a reasonably diligent effort, the health care provider cannot locate or contact a parent of the minor child and the minor child’s life or health would be seriously endangered by further delay in the furnishing of health care services. (5) No health care provider or governmental entity shall deny a minor child’s parent access to health information that is: (a) In such health care provider’s or governmental entity’s control; and (b) Requested by the minor child’s parent. (6) Subsection (5) of this section shall not apply if: (a) Parent’s access to the