Idaho Code

Idaho Code § 16-1607 (2026)

Reporting in bad faith — Civil damages.

✓ current as of May 2026

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Reporting in bad faith — Civil damages.

Any person who makes a report or allegation of child abuse, abandonment or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of two thousand five hundred dollars ($2,500), whichever is greater, plus attorney’s fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2023 · leading case: Davidson v. Davidson, 248 P.3d 242 (Idaho Ct. App. 2011).

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Davidson v. Davidson, 248 P.3d 242 (Idaho Ct. App. 2011). · cites it 12× “At a hearing held on the motion, the district court indicated that in reviewing Davidson’s claim, it noted that it was based, in part, upon Idaho Code § 16-1607 , a code provision under the Child Protective Act (CPA).”

McCreery v. King, M.D., 535 P.3d 574 (Idaho 2023). · cites it 4× “King): Bad Faith, Oppressive Reporting or Allegation of Child Abuse, Abandonment or Neglect in violation of Idaho Code section 16-1607; COUNT II (Dr. Barton): Bad Faith, Oppressive Reporting or Allegation of Child Abuse, Abandonment or Neglect in violation of Idaho Code section…”

Jb v. Fla. Dept. of Child. & Fam. Servs., 768 So. 2d 1060 (Fla. 2000). “§ 571-61(b)(3) (1998) (at least 20 days' notice); Idaho Code § 16-1607 (a) & (f) (1998) (at least 48 hours' notice); § 705 Ill.”

JB v. Dep't of Child. & Fam. Servs., 734 So. 2d 498 (Fla. 1st DCA 1999). “§ 571-61(b)(3) (1998) (at least 20 days' notice); Idaho Code § 16-1607 (a) & (f) (1998) (at least 48 hours' notice); Ill.”

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