IdahoH 08602026 regular legislative sessionHouseWALLET

PARENT AND CHILD – Amends existing law to provide for parental rights in medical decisions.

Sponsored By: WAYS AND MEANS COMMITTEE

Signed by Governor

PARENT AND CHILD

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Stronger legal tools for parents

Parental rights are fundamental. The government can restrict them only with clear and convincing proof that the limit is essential, for a compelling interest, and is the least‑restrictive way. If your rights under this law are violated, you can sue the person, provider, or agency. Courts can award orders to stop the violation, money damages, and reasonable attorney fees; suits against the state also allow fee recovery. You generally have two years from the harm or from when you discovered the facts to file.

Parents can see kids' health records

Providers and government agencies must give you your minor child's health information when you ask and they control it. Access can be denied only in narrow cases: a court order, records about abuse, abandonment, or neglect, or if you are under investigation for a crime against the child and police request no release. These access rules are now in effect.

Parents guide kids' mental health care

Facilities may admit minors ages 14–18 who apply; parents or guardians must be told. A parent or guardian can ask for release, and the facility must release within three days, not counting weekends and legal holidays, unless continued care is lawfully extended. Any voluntary patient under 18 can be released only with the parent’s or guardian’s consent, and a director may detain up to three days to examine and seek continued care. A written treatment plan must include parent participation; for involuntary orders, the plan is due within seven days and copies go to the child and parents (a doctor may withhold the child’s copy if it would be harmful).

Parents must consent to kids' care

Parents with legal custody have the right and duty to decide a minor child's health care. Providers must get your prior informed consent before treating your child. You may sign a written Blanket Consent Form for repeat care, and you can revoke it anytime; no one can force you to sign, and it still counts even if the format is not perfect. Consent is not required in emergencies, when you cannot be reached after a diligent effort, for crime‑related evidence care, limited first aid, help from the 988 crisis line with 48‑hour follow‑up, or for pregnancy detection, prenatal, and peripartum care (not abortion). The law also repeals older minor‑consent and confidentiality statutes, shifting decisions back to parents.

Sponsors & Cosponsors

Sponsor

  • WAYS AND MEANS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Barbara Ehardt

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 68 • No: 0

House vote 3/16/2026

House Floor Vote

Yes: 68 • No: 0

Actions Timeline

  1. Reported Signed by Governor on March 31, 2026 Session Law Chapter 245 Effective: 03/31/2026

    4/1/2026
  2. Received from the House enrolled/signed by Speaker

    3/30/2026Senate
  3. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/27/2026House
  4. Reported Engrossed; Filed for First Reading of Engrossed Bills

    3/26/2026House
  5. Returned from the Senate Amended; Held at Desk

    3/25/2026House
  6. Read second time as amended in the Senate, filed for Third Reading

    3/24/2026House
  7. Amendments reported printed

    3/23/2026House
  8. Placed in the Committee of the Whole

    3/20/2026House
  9. Reported out of committee; to 14th Order for amendment

    3/18/2026House
  10. Received from the House passed; filed for first reading

    3/17/2026Senate
  11. Read Third Time in Full – PASSED - 68-0-2

    3/16/2026House
  12. Read second time; Filed for Third Reading

    3/13/2026House
  13. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/12/2026House
  14. Introduced, read first time, referred to JRA for Printing

    3/10/2026House

Bill Text

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