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H 46

RUNAWAYS – Amends existing law to revise an exemption for certain violations for licensed children’s residential care facilities, registered children’s institutions, and behavioral health youth crisis centers that provide emergency runaway services.

68th Legislature, 1st Regular Session (2025)

House Bill 46 reinforces parental authority by removing minors' consent for shelter in runaway situations, impacting care facilities and ensuring child safety.

Reported Signed by Governor on March 19, 2025 Session Law Chapter 100 Effective: 07/01/2025
#childcare #children #guardiansandconservators #health #lawenforcement #parents #publicassistance #safety
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Bill Summary · H 46

Summary of House Bill 46 (H 46)

Overview

House Bill 46 (H 46) is a legislative measure introduced in the Idaho Legislature during the First Regular Session of 2025. The bill amends existing law regarding the provision of shelter to runaway children, specifically targeting licensed children's residential care facilities, registered children's institutions, and behavioral health youth crisis centers that offer emergency services to runaways. The bill was signed by the Governor on March 19, 2025, and is set to take effect on July 1, 2025.

Purpose and Intent

The primary intent of H 46 is to clarify the legal framework surrounding the provision of emergency shelter to minors who are runaways. By amending Section 18-1510 of the Idaho Code, the bill aims to eliminate the provision that allows minors to consent to services in runaway situations, thereby reinforcing parental authority in these circumstances.

Key Provisions

  • Amendment of Section 18-1510: The bill revises the existing law to remove the minor's ability to consent to shelter and services in runaway situations. Instead, it emphasizes the necessity of parental or guardian consent.

  • Exemptions for Facilities: Licensed children's residential care facilities, registered children's institutions, and behavioral health youth crisis centers are exempt from violations if:

    • The child is a runaway who consents to shelter.
    • The facility attempts to contact the child's parent or guardian but is unable to do so, or the child refuses to provide contact information.
    • The facility has notified local law enforcement of the child's whereabouts.

  • Affirmative Defenses: The bill maintains that individuals providing shelter to a runaway child can use certain affirmative defenses, such as notifying the custodial parent or law enforcement if they believe the child has been abused.

  • Definitions: The bill clarifies definitions for terms such as "behavioral health youth crisis center," ensuring that these facilities operate within specified guidelines.

Impact

  • Affected Parties: The bill primarily impacts licensed children's residential care facilities, registered children's institutions, and behavioral health youth crisis centers. It also affects parents and guardians of minors, as it reinforces their authority in decisions regarding their children's care during runaway situations.

  • Legal Consequences: Individuals found guilty of violating the provisions of this section may face misdemeanor charges, which could result in imprisonment for up to six months, fines up to $5,000, or both.

Procedural Aspects

  • Legislative Timeline:

    • Introduced on January 24, 2025.
    • Passed the House and Senate with overwhelming support.
    • Signed by the Governor on March 19, 2025.
    • Effective date set for July 1, 2025.

  • Fiscal Note: The bill is noted to have no fiscal impact on state or local government budgets, meaning it does not require additional funding or result in revenue changes.

Conclusion

House Bill 46 represents a significant shift in the legal landscape regarding the care of runaway minors in Idaho. By clarifying parental authority and the responsibilities of care facilities, the bill aims to enhance the safety and well-being of children in crisis situations.

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

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