TITLE 32

DOMESTIC RELATIONS

CHAPTER 10

PARENT AND CHILD

32-1016.  Pediatric secretive transitions parental rights act. (1) This section shall be known and may be cited as the "Pediatric Secretive Transitions Parental Rights Act."

(2)  The legislature finds that:

(a)  Parents have a fundamental right to raise their children and make medical and educational decisions on their behalf;

(b)  Medical and social sex transitions can inflict severe and irreversible harm to a child’s well-being; and

(c)  It is undoubtedly a parental purview and prerogative to have knowledge of, and the authority to deny, a child’s efforts at sex transition procedures or social transitions.

(3)  It is the intent of the legislature to prohibit any health care provider or educational institution from facilitating a pediatric sex transition or social transition without informing and obtaining informed consent from a minor child’s parents or guardians.

(4)  As used in this section:

(a)  "Aggrieved person" means the parent or guardian of a child subjected to sex transition procedures or social transitions.

(b)  "Child" means an individual who is less than eighteen (18) years of age and who is not married or legally emancipated.

(c)  "Covered entity" means a primary or secondary educational institution, a child care provider, or a medical, behavioral, or mental health care provider.

(d)  "Sex transition procedure" means a practice prohibited pursuant to section 18-1506C, Idaho Code.

(e)  "Social transition" means the process by which an individual goes from identifying with and living as a gender that corresponds to the individual’s sex to identifying with and living as a gender different from the individual’s sex and may involve social, legal, or physical changes, including adopting a name, pronouns, appearance, or dress that does not correspond to the individual’s sex.

(5)  A covered entity shall not withhold information from a child’s parent or guardian related to the parent’s child’s expressed interest in or desire for sex transition procedures.

(6)  A covered entity shall notify a minor student’s parent within seventy-two (72) hours of receiving any request by the minor student to participate in or facilitate the social transition of the minor student, including any request by the minor student to:

(a)  Be referred to by pronouns or titles that do not correspond to the minor student’s biological sex;

(b)  Be referred to using names other than the minor student’s legal name, or a nickname or derivative thereof, either in school records or otherwise;

(c)  Use restrooms, locker rooms, changing rooms, or overnight lodging designated for the opposite biological sex; or

(d)  Participate on an athletic team or any other sex-separated school activity designated for the opposite sex.

(7)  A covered entity shall not aid or abet a child’s efforts to socially transition without first obtaining written consent from the child’s parent. Nothing in this section shall be construed to authorize or permit the use of public funds, public property, or the time or services of public employees to aid or abet a child’s efforts to socially transition.

(8)  A covered entity shall not aid or abet a child’s efforts to obtain sex transition procedures.

(9)  An aggrieved person may commence an action at law or equity in a court of competent jurisdiction against a covered entity for violations of this section.

(10) If an aggrieved person proves that a covered entity violated the provisions of this section, such aggrieved person is entitled to recover:

(a)  Declaratory relief;

(b)  Injunctive relief;

(c)  Compensatory damages; and

(d)  Reasonable costs and attorney’s fees as allowed by statute or court rule.

(11) The attorney general shall have the authority to investigate allegations of violations of this section.

(12) In addition to any relief granted to aggrieved persons under a civil action, the attorney general may seek, and a court may award, civil penalties of up to one hundred thousand dollars ($100,000) against a covered entity for violation of this section. Such civil penalties shall be proportionate to the violation as determined by the court based on the facts and circumstances of the violation, including the seriousness of the violation, the state of mind of the violator, and the damages actually caused by the violation of this section. Penalties awarded pursuant to this section shall be deposited in the state general fund.

(13) The attorney general may refer a covered entity that has violated this section to any licensing board that has issued a professional license to the covered entity. A licensing board is authorized to discipline a covered entity that has been referred to it pursuant to this subsection in a manner that it deems appropriate for a violation of this section.

(14) The attorney general may file suit for a writ of mandamus compelling covered entities to comply with the provisions of this section.

(15) Nothing in this section shall be construed to conflict with the application or enforcement of section 18-1506C, Idaho Code.

History:

[32-1016, added 2026, ch. 340, sec. 1, p. 1324.]