TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 17

TORT ACTIONS IN CHILD ABUSE CASES

6-1704.  Statute of limitations. (1) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within five (5) years from the date that an aggrieved child reaches the age of eighteen (18) years or, after the child reaches the age of eighteen (18) years, within five (5) years of the time the child discovers or reasonably should have discovered the act, abuse or exploitation and its causal relationship to an injury or condition suffered by the child, whichever occurs later.

(2)  The child need not establish which act in a series of continuing acts, abuse or exploitation caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common scheme or plan.

(3)  The knowledge of a custodial parent or guardian shall not be imputed to a child under the age of eighteen (18) years.

History:

[6-1704, added 1989, ch. 47, sec. 1, p. 61; am. 2007, ch. 125, sec. 2, p. 375.]