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H 46

An act relating to the Rare Disease Advisory Council

2025-2026 Regular Session Introduced by Anne Donahue and 2 co-sponsors

The bill narrows when licensed facilities may shelter runaway youth without parental consent by requiring contact attempts and law enforcement notification, with penalties for viol

House message: Governor approved bill on May 18, 2026
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Bill Summary · H 46

Summary — House Bill No. 46 (Idaho, RS31871 / H0046)

Note: Although the initial heading supplied with the request referenced a "Rare Disease Advisory Council," the bill text and legislative documents provided are for Idaho House Bill 46 (RS31871 / H0046) and amend Idaho Code §18‑1510 regarding provision of shelter to runaway children. This summary covers the actual bill text provided.

Main purpose

To revise the misdemeanor prohibition and the statutory exemptions in Idaho Code §18‑1510 (providing shelter to runaway children), clarifying when licensed facilities and crisis centers may lawfully shelter runaway youth and making technical corrections. The act also declares an emergency and sets an effective date.

Key provisions

  • Amends §18‑1510 (Providing Shelter to Runaway Children).
  • Restates the baseline offense: knowingly providing housing/accommodations to a child 17 years or younger without authority of the custodial parent/guardian, state or political subdivision, or legal custodian is a misdemeanor. Existing affirmative defenses (notifying parent/sheriff or reasonable evidence of abuse by parent/guardian) are preserved.
  • Creates a specific exemption (subsection (2)(a)) for:
    • Licensed children's residential care facilities,
    • Registered children's institutions, and
    • Behavioral health youth crisis centers providing emergency runaway services,
    • Provided that:
    • The child is a runaway who consents to shelter/care/service;
    • The facility attempts to contact and is unable to locate the parent/guardian, or the child refuses to disclose parental contact information; and
    • The facility has notified the county sheriff or police of the child's whereabouts pursuant to local laws and licensure requirements.
  • Requires those facilities to continue complying with mandatory reporting laws under §16‑1605, Idaho Code.
  • Defines “behavioral health youth crisis center” as a voluntary outpatient facility operating 24/7/365 for youth 17 and under that provides evaluation/intervention/referral and does not keep a youth more than 23 hours 59 minutes per episode. Cross‑references for definitions of licensed/registered facilities point to §39‑1202, Idaho Code.
  • Penalties: conviction remains punishable by up to 6 months imprisonment, a fine up to $5,000, or both. Property used in violation may be declared a public nuisance per chapter 1, title 52, Idaho Code.
  • Emergency clause: the act is declared an emergency and takes effect July 1, 2025.

Who is affected

  • Runaway children (≤17 years old).
  • Licensed children's residential care facilities and registered children’s institutions.
  • Behavioral health youth crisis centers that provide emergency runaway services.
  • Custodial parents/guardians and local law enforcement (notification requirements).
  • Entities subject to mandatory child‑abuse/missing child reporting under §16‑1605.

Fiscal and procedural notes

  • Fiscal note: the sponsor’s statement indicates no fiscal impact on state or local government.
  • Legislative status (from provided materials): introduced Jan. 24, 2025; read first time and referred to committee. The bill includes an emergency effective date of July 1, 2025.

Effect / impact

The bill clarifies and narrows when specified licensed facilities may shelter runaways without parental authorization by setting procedural conditions (attempt to contact parent, notifying law enforcement) and codifying operational definitions and reporting obligations. It preserves criminal penalties for unlawful harboring while protecting certain regulated providers acting under the conditions described.

Compiled from official sources — confirm details with the bill’s official record.

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