Rating: 0

Bill Summary:

Senate Bill 1199E1 amends and expands the Idaho Parental Rights Act by affirming that parental rights are fundamental and protected under both state and federal constitutions. It establishes a strict scrutiny standard for any government interference and provides parents with a private right of action, including injunctive, declaratory, and compensatory relief, as well as attorney’s fees. The bill prohibits medical care for minors without parental consent, with exceptions for emergency treatment, criminal investigations, mental health crises, and pregnancy-related care. It excludes pregnant minors from the definition of “minor child” for the purposes of consent, thereby granting them authority to seek prenatal and peripartum care independently. It also limits parental legal action to within two years of the alleged harm and includes carveouts for suicide hotlines, WIC, first aid, and federally mandated programs. The bill includes an emergency clause and applies retroactively.

Reason for Rating:
While S1199E1 clearly affirms parental rights and strengthens their legal enforceability, it also introduces significant exceptions that undermine the platform’s goal of restoring full parental authority. By excluding pregnant minors from parental oversight, broadening emergency exceptions to include vague psychological factors, and imposing a rigid statute of limitations that ignores when harm is discovered, the bill sacrifices critical ground. These carveouts conflict with the Idaho Republican Party Platform’s emphasis on unqualified parental control over a child’s medical decisions unless the parent is deemed unfit. Although the bill moves policy in a broadly conservative direction, these concessions prevent it from earning a positive rating and justify a neutral one.