BOISE, Idaho — Parental rights is a concern that grew louder during the COVID-19 pandemic
The topic of parental rights and medical care were both the focus of a law passed during the 2024 session of the Idaho Legislature.
Senate Bill 1329 was meant to amend Idaho's parental rights act, by preventing medical providers from performing medical procedures on kids without their parent's consent.
It was described as a simple bill by its sponsor, Majority Leader Kelly Anthon (R-Burley).
"It simply deals with the ability of parents to make decisions regarding health care and medical procedures for children," Anthon said. "It simply says that no health care services to a minor child can be done without obtaining the consent of the parent. Just stop and think about that.
The problem that people are dealing with now – what about cases of mental health or incest?
Does this new law also protect sexual predators, who also happen to be family members?
House Minority Leader Ilana Rubel (D-Boise) pointed out a few weeks later in the House floor debate, if minor victims weren't already comfortable going to their parents with something like this, the Parents' Rights in Medical Decision-Making Act wasn't going to make it any easier for them to seek help.
According to the Rape Abuse and Incest National Network, every nine minutes Child Protective Services found strong evidence of child sexual abuse.
Among cases of child sexual abuse reported to law enforcement, 93% of perpetrators are known to the victim, 7% are strangers, 59% are acquaintances and 34% are family members.
It's why it might be a bigger issue that piece in the bill got overlooked.
SB 1329 moved fast in the Idaho Senate.
"When I originally saw the bill, there wasn't a lot of time to prepare, and that's a real problem in legislative session," Senate Minority Leader Melissa Wintrow (D-Boise) said. "We're hit with bill after bill and I think last session there were more bills on record."
In February, the legislation was introduced and passed the Senate in a 27-7 vote within a few days.
Proponents of the bill argued that parents need to give consent to allow medical procedures and mental health services for minors.
"Who's to determine who is the bad parent that doesn't get to know? That's the problem and that's the problem the bill is meant to solve and hopefully solve," Anthon said. "This bill doesn't prevent any child from going to get help, it's not what the bill says. The bill says what I said at the beginning, a parent has a natural right, a fundamental right, to make the decisions for their child regarding health care, medical decisions."
The question now and brought up in the legislative session – can it unintentionally protect sexual predators who abuse children?
"Not every parent is a good parent, there may be a reason a child wants to talk to a medical professional," said Senator Rick Just. "The child might be experiencing abuse in their home or incest, those children are seeking protection from their parents or some other person. It has to be confidential. They need to be able to talk with medical providers in confidence."
The law went into effect on July 1.
Wintrow was one of the seven who voted against the bill.
She said it's something she's willing to go back and fix if there are unintended consequences.
"Now that it's a law, we see people panicking and I think the biggest concern is that health care for young adults is going to be in jeopardy and compromised," Wintrow said. "We need to put egos aside, our opinions, what we think politically, and really look and center what is happening for our youth and how do we improve their lives and make sure this law is not having a detrimental effect whether intended or not."
Even though Idaho Gov. Brad Little signed the bill, he stated concerns about access to behavioral health and conflicting sections of code. Little wrote the following:
"I urge all stakeholders to closely monitor any negative consequences this legislation has on our youth accessing the behavioral health supports they need. In the event this bill creates any unintended barriers for adolescent behavioral health care, I expect amendments will be made to address the issue accordingly."
After reaching out to Little as to whether or not there have been issues, KTVB is yet to hear back.
Anthon was the one who sponsored the bill. KTVB followed up after the start to the new law and he responded with the following via email:
"When I heard senate bill 1329 could have the unintended consequences of affecting investigations of serious crimes against children, I contacted the Idaho state police. I spoke directly with colonel wills. He was unaware of any issues but promised to get me in contact with another department of his to make sure. Obviously, if that is an unintended consequence of the bill, we will make changes accordingly."
KTVB also spoke to Idaho State Police.
ISP Laboratory System Director Matthew Gamette said in the case where a minor needs a sexual assault or rape kit test, it's out of their hands.
"The actual physical evidence collection and the medical treatment is going to happen locally, it's going to happen around these communities in Idaho," Gamette said.
He said local law enforcement and hospitals are the ones having to follow the law because they administer the kits – Idaho State Police just handles the lab results.
When we reached out to the hospitals, St. Luke's didn't have a clear answer given the newness of the law.
Saint Alphonsus didn't have anyone to comment on the issue.
Turning to local law enforcement, KTVB reached out to the Boise Police Department, who said the following:
"Seeking justice for victims of abuse and sexual assault and ensuring they feel safe obtaining essential support and resources continues to be a top priority for Boise Police Department investigators and community partners at the Ada County Victim Services Center. Investigators have tools and procedures in place to address a variety of circumstances over the course of investigations involving victims of all ages. The Boise Police Department will continue to serve victims in our community in accordance with state law."
Boise Police didn't say if there were any issues with the new law. However, the Meridian Police Department said there is:
"Law enforcement is very concerned this law will allow children to continue to be victimized with no recourse. We know at times kids are abused by family members and yes parents, so we know this creates a huge obstacle when trying to stop some of our child sex predators."
It's important to note that if you or someone you know has been sexually assaulted and is in crisis, call the National Sexual Assault Hotline at 800-656-4673.
As for if we're seeing the impact in Idaho from the new law, it's not clear. The concerns are there and many people said they will change it if there is one, but no one has a clear answer.