Print Friendly HOUSE BILL NO. 209 – Parental waiver, activities, child
HOUSE BILL NO. 209
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H0209................................by JUDICIARY, RULES AND ADMINISTRATION
PARENTAL WAIVERS - Adds to existing law relating to actions for negligence
to set forth legislative findings; to define terms; to provide that a
parent of a child may release or waive the child's protective claim for
negligence; and to limit applicability.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 209
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ACTIONS FOR NEGLIGENCE; AMENDING CHAPTER 8, TITLE 6, IDAHO CODE,
3 BY THE ADDITION OF A NEW SECTION 6-808, IDAHO CODE, TO SET FORTH LEGISLA-
4 TIVE FINDINGS, TO DEFINE TERMS, TO PROVIDE THAT A PARENT OF A CHILD MAY
5 RELEASE OR WAIVE THE CHILD'S PROSPECTIVE CLAIM FOR NEGLIGENCE AND TO LIMIT
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 8, Title 6, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 6-808, Idaho Code, and to read as follows:
11 6-808. PARENTAL WAIVERS. (1) The legislature finds that:
12 (a) Children should have the maximum opportunity to participate in sport-
13 ing, recreational, educational and other activities where certain risks of
14 personal injury may exist;
15 (b) Public, private, and nonprofit entities providing these essential
16 activities in Idaho to children need to be able to obtain release from
17 claims of negligence, as without the measure of protection these entities
18 may be unwilling or unable to provide the activities;
19 (c) Parents have a fundamental right and responsibility to make decisions
20 concerning the care, custody and control of their children;
21 (d) The law presumes that parents act in the best interest of their chil-
23 (e) Parents make conscious choices every day on behalf of their children
24 concerning the risks and benefits of participation in activities that may
25 involve a risk of personal injury;
26 (f) These are proper parental choices on behalf of children that should
27 not be ignored and as long as parents' decisions for their children are
28 voluntary and informed, the decisions should be given the same dignity as
29 decisions regarding schooling, medical treatment, and religious education;
31 (g) The intent of this section is to encourage the affordability and
32 availability of activities for children in this state by permitting a par-
33 ent of a child to release a prospective negligence claim, of the child and
34 for the child, against certain persons and entities involved in providing
35 the opportunity to participate in activities for children.
36 (2) As used in this section, unless the context otherwise requires:
37 (a) "Child" means a person under eighteen (18) years of age.
38 (b) "Parent" means any one (1) parent, as defined as a natural or adop-
39 tive parent, a person who has guardianship or legal custody of the child,
40 a guardian ad litem or other legal representative, a physical custodian,
41 fiduciary or other person with a legal obligation related to the custody
42 or care of the child.
43 (3) A parent of a child may, in writing only, and on behalf of the child,
1 release or waive the child's prospective claim for negligence against a person
2 or entity.
3 (4) Nothing in this section shall be construed to permit a parent acting
4 on behalf of his or her child to waive the child's prospective claim against a
5 person or entity for a willful or wanton act or omission, a reckless act or
6 omission, or a grossly negligent act or omission.
STATEMENT OF PURPOSE
This legislation provides for a waiver by a parent of a child's
prospective negligence claims. Exceptions are outlined.
No fiscal impact.
Name: Representative Wendy Jaquet
STATEMENT OF PURPOSE/FISCAL NOTE H 209