Idaho Code

Idaho Code § 32-717C (2026)

Allegations of abuse — Investigation.

✓ current as of May 2026

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Allegations of abuse — Investigation.

When, in any divorce proceeding or upon request for modification of a divorce decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the court shall order that an investigation be conducted by the department of health and welfare. A final award of custody or visitation may not be rendered until a report on that investigation is received by the court. That investigation shall be conducted by the department within thirty (30) days of the court’s notice and request for investigation.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2009–2024 · leading case: Michalk v. Michalk, 220 P.3d 580 (Idaho 2009).

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Michalk v. Michalk, 220 P.3d 580 (Idaho 2009). · cites it 4× “Deprivation of Equality of Protection under the Law Wendi argues that the magistrate court erred because it did not order an investigation by the Department of Health and Welfare pursuant to I.C. § 32-717C. That statute requires an investigation be conducted when an allegation…”

Hess v. Hess, 558 P.3d 254 (Idaho 2024). · cites it 20× “I.C. § 32-717C (emphasis added). The use of the word “shall” in section 32-717C unambiguously requires a court to order an investigation by DHW if there is an accusation of “child abuse.”

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