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.]