New Idaho Law Protects Predators Over Minors

August 9, 2024

Children should come first. While we always strive to have supportive parents make children’s medical decisions, our state has long recognized that there are situations where older minors simply need to receive care. Idaho’s Republican lawmakers unanimously passed new legislation that upends this delicate balance, placing vulnerable kids at risk. Despite warnings from the healthcare community, they chose to ignore the harmful consequences.

One glaring impact making headlines is access to rape kits. The Idaho State Police shared how this law could obstruct a teenager’s access to evidence collection following a sexual assault. Imagine a young rape victim being further traumatized by the inability to access necessary medical care because a parent who may not even believe her may not be available to provide permission or who may be the perpetrator is legally allowed to block it.

The fact that this bill obstructs efforts to address sexual assault should not be surprising to its Republican backers because we discussed it before the vote. The floor sponsor dismissed concerns, saying providers would report it, so there would be no problem. I explained to my colleagues on the other side of the aisle that the protection of a healthcare provider evaporates if the minor can’t see a provider without parental permission. They voted for it anyway.

There are many more scenarios where a minor might lose access to healthcare. Fringe religious communities that withhold all medical care have taken refuge in Idaho and are associated with tragic, preventable child deaths. This legislation erased the few escape hatches in statute for older teens in these communities.

Consider also a teen experiencing suicidal thoughts whose parents refuse to believe in mental health services. Governor Little himself acknowledged this law could hinder youth mental health services. He signed it anyway.

Consider the teenager who contracts a sexually transmitted infection and fears confiding in their parents. This law could prevent them from receiving urgent care, putting their health and possibly life at risk while threatening public health.

The legislation also targets abortion access in a cruel manner. In the exceedingly rare circumstance that a teenage girl in Idaho manages to obtain a police report after being raped, she may still be unable to end the pregnancy because this law allows her parents to make the decision — even if the pregnancy is the result of incest.

Seeing the potential for harmful effects, every Democrat in the Idaho Legislature voted against this bill, while every Republican voted for it.

Idaho’s children deserve protection even when their parents can’t or won’t provide it. True parental responsibility means ensuring that all children, regardless of their circumstances, have access to the care they need. It is time to put children first.

Onward,
Lauren Necochea
Idaho Democratic Party Chair

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