JAMES E. RISCH
GOVERNOR

Since its initial printing over two decades ago, Idaho Laws, a Guide for Women and Families has been a valuable resource for anyone who wants to know more about state and federal laws and programs that affect the lives of women.

This booklet provides valuable answers to common questions, such as who is obligated to make repairs on a rental property. It also offers assistance on complicated issues, like how to establish and maintain credit.

Whether you are concerned about your child's right to public education, the legal status of a common law marriage, or the intricacies of various retirement plans, you will find the material in this publication to be very useful.

On behalf of all Idahoans, I commend the Idaho Women's Commission for supporting the revision, publication, and distribution of this simple and effective booklet for so many years. I hope it will be a great resource for you.

The Idaho Women’s Commission

The Commission was founded in 1965 as the Governor’s Commission on the Status of Women under executive order by Governor Robert E. Smylie, and was patterned after the federal Commission on the Status of Women. The Commission was created as a statutory commission under Idaho Code in 1970 and given the name Commission on Women’s Programs. During the 1997 legislative session, the name of the Commission was changed to the Idaho Women’s Commission. The agency is a part of the Executive Office of Families and Children.

Since 1965, the Commission has been an advocate for women in all walks of life. Its mission is to encourage and motivate women to increase their participation in their communities, the state and the nation. Through educational and informational efforts, the Commission works toward an environment in which all women within the state are ensured equal opportunities and protection in all aspects of their personal and professional lives.

Volunteer Commissioners, appointed by the Governor for three-year terms, work with other state agencies and women’s and children’s organizations on specific projects or programs. These vary according to statewide and community needs.

For over 40 years, the Commission has researched and advocated for legislation and social change ranging from equal pay and employment opportunities to child custody and support. Some of its current projects include monitoring proposed legislation affecting women and families, providing information and referrals for women across the state on legal, political and economic issues and offering educational classes on how Idaho laws impact areas of interest to women. Currently, the Commission is comprised of 13 nonpartisan members from various regions of the State, and a director.

Fran Dingel, Chair; Boise Linda Hurlbutt, Vice Chair; Boise Jeanne Wride, Secretary; Aberdeen Farhana Hibbert; Pocatello Sara Bedke; Oakley Marilyn Hempleman; Twin Falls Dawn Shepherd; Riggins

Kitty Kunz, Director; Boise Rayelle Anderson; Coeur d’Alene Amy Taylor; Idaho Falls Shirley Kaiyou; Fort Hall Sonna Lynn Fernandez; Nampa Kathy Martin; Lewiston Debra Wilson; Kimberly

Further information about the Commission is available through its office:

P.O. Box 83720
Boise, Idaho 83720-0111
(208) 562-0619
1-800-643-7798
Fax: (208) 562-1316
Email: kitty.kunz@women.idaho.gov
Website: www.women.idaho.gov

PLEASE CONSIDER:

The Idaho Women’s Commission is proud to offer this useful handbook to all Idaho citizens, not only to women.

The Commission wishes to offer this publication at no charge to those truly in need. We do, however, request a donation from those who can afford it. The cost of this booklet, including postage, is about $5.00.

Please send your donation to:

The Idaho Women’s Commission
P.O. Box 83720
Boise, Idaho 83720-0111

THANK YOU!

This booklet is not designed to contain legal advice. It is merely a listing of Idaho and Federal laws that pertain to various issues. The Idaho Women’s Commission suggests that if you have detailed questions or face any legal difficulty, you should contact a qualified attorney. The Idaho State Bar Association keeps on file names of attorneys around the state. To contact them, please visit their website at www.idaho.gov/isb or write at PO Box 895, Boise, Idaho 83702 or call at (208) 334-4500.

The Idaho Women’s Commission extends its appreciation and gratitude to all of those who spent countless hours consulting on, revising and updating “Idaho Laws, a Guide for Women and Families.”

Jeff Youtz, Director, Idaho Legislative Services Office
Maureen Ingram, Legislative Services Office
Bob Flick, Idaho Department of Commerce & Labor
Steve Raeder, Idaho Industrial Commission, Director of Public Affairs
Nancy Beeson, Idaho Industrial Commission
Kimberly Coster, Idaho Real Estate Commission
Dale Freeman, Department of Insurance, Supervisor Consumer Affairs
Gavin Gee, Director, Idaho Department of Finance
Shirley Whitney, Idaho Department of Finance
Diane Blumel, Executive Director, Idaho Council on Domestic Violence and Victim Assistance
Ernie Hoidal, Attorney, Immigration Law
Marge Miller, Department of Health and Welfare
Connie Davis, Department of Health and Welfare
Greg Kunz, Department of Health and Welfare
Dick Schultz, Department of Health and Welfare
Wayne Meuleman, Meuleman & Meuleman
Donna Lake, Idaho State Department of Education
Barb Eisenbarth, State Department of Education, Coordinator for Health Education
Shannon Page, State Department of Education, Coordinator for Accreditation & Elementary Services
Mary Bostick, State Department of Education, Director of Special Education
Kristi Enger, Idaho Division of Professional-Technical Education
Corliss Neuber, Social Security Administration
Jean R. Uranga, Attorney at Law, Uranga, Uranga & Bieter
Loren Ipsen, Attorney at Law
Sarah Scott, Idaho Commission on Aging
Ladora L. Butler, U.S. District/Bankruptcy Courts
Leslie Goddard, Deputy Attorney General, Idaho Human Rights Commission

Women’s Commissioners:

Fran Dingel
Shirley Kaiyou
Rayelle Anderson
Amy Taylor
Linda Hurlbutt
Farhana Hibbert
Jeanne Wride
Sara Bedke
Sonna Lynn Fernandez
Marilyn Hempleman
Kathy Martin
Dawn Shepherd
Debra Wilson
Director Kitty Kunz

IDAHO LAWS, A GUIDE FOR WOMEN AND FAMILIES
This information has been generated in Adobe PDF format. To view a PDF version of an individual chapter, select the link labeled [PDF].
A Adobe PDF version of the entire Guide (English or Spanish), is also available. The Spanish edition is only available at this link.

TABLE OF CONTENTS

CHAPTER 1: CIVIC RIGHTS AND RESPONSIBILITIES - [PDF]

A. The Difference Between Domicile and Residence
B. Voting
C. Jury Service
D. Fairness and Equality in Idaho Courts
E. Holding Public Office
F. Enacting Laws

1. How Bills Become Laws
2. How to Follow Legislation
3. The Idaho Code

G. Citizenship and Immigration Law

1. Citizenship 2. Naturalization
3. Lawful Permanent Residence (LPR) and Nonimmigrants
4. Refugees
5. Immigration Reform and Control Act of 1986 (IRCA)
6. The Immigration Act of 1990 (IMMACT 90)
7. Illegal Immigration Reform & Immigrant Responsibility Act (IIRAIRA)

H. Social Security Numbers I. Protection from Discrimination

1. Public Accommodations
2. Transportation
3. Telecommunications

CHAPTER 2: EDUCATION - [PDF]

A. Elementary Education

1. Minimum Immunization Requirements 2. Dual Enrollment

B. Education for Children with Disabilities
C. Title IX - Discrimination Prohibited
D. Centers for New Directions
E. Higher Education in Idaho

CHAPTER 3: EMPLOYMENT - [PDF]

A. Wages
B. Special Provisions for Minors
C. Discrimination

1. Disabilities
2. Pregnancy
3. Harassment
4. Retaliation

D. Affirmative Action

1. Collective Bargaining Agreement
2. Written Agreements
3. Employment Policies, Handbooks and Manuals
4. Oral Promises
5. Idaho Law

F. Constitutional and Miscellaneous Statutory Rights

1. Public Employees
2. The Right-to Work Law
3. Jury Duty or Subpoena Compliance
4. Polygraph
5. State-Authorized Wage Garnishments for Child Support
6. The Immigration Reform and Control Act of 1986
7. The Federal Rehabilitation Act of 1973
8. COBRA
9. The Family and Medical Leave Act

G. Job Safety and Worker’s Compensation
H. Unemployment Benefits
I. Termination
J. Starting Your Own Business

CHAPTER 4: FAMILY LAW - [PDF]

A. Requisites For Marriage
B. Name
C. Residence
D. Antenuptial Agreements - Prenuptial Agreements
E. Common Law Marriage
F. Marriages Recognized in Idaho
G. Unmarried Parents

1. Legitimacy
2. Paternity

H. Rights of a Putative Father
I. Family Financial Responsibility
J. Child Protection Actions
K. Termination of Parental Rights
L. Adoptions
M. Juveniles

1. Juvenile Offenders

a. Status Offenders
b. Adult Crimes
c. Misdemeanor and Felony Offenses
d. Constitutional Rights

2. Parental Responsibility
3. Emancipation of Minor

CHAPTER 5: FINANCIAL MANAGEMENT - [PDF]

A. Banking and Credit
B. Bankruptcy

1. Definitions
2. Frequently Asked Questions
3. Available Help

C. Insurance

1. Life Insurance
2. Medical, Surgical and Hospital Insurance
3. Disability Insurance
4. Automobile Insurance
5. Homeowner’s Insurance

D. Social Security
E. Qualified Retirement Plans
F. Financial Assistance

1. Temporary Assistance for Families in Idaho (TAFE)
2. County Assistance
3. Medicare and Medicare Supplemental Plans
4. Medicaid

CHAPTER 6: HEALTH - [PDF]

A. Services Provided by the Division of Health
B. Reportable Diseases
C. Teenage Pregnancy
D. Abortion
E. Sterilization
F. Natural Death Act
G. Smoking

1. Clean Indoor Air Act
2. Child Smoking Laws

H. Organ Donation
I. Health Services Available in Idaho

1. The Public Health Districts

CHAPTER 7: HOUSING - [PDF]

A Renting a Home/Apartment

1. Rental Agreements
2. Evictions
3. Rent Increases

B. Renting a Mobile Home Lot

1. Rental Agreements
2. Park Rules
3. Rent Increases
4. Evictions
5. Sale of a Mobile Home
6. Retaliation

C. Public Housing
D. Fair Housing
E. Repairs
F. Security Deposits
G. Additional Information
H. Buying and Selling a Home (Real Property)

CHAPTER 8: MARITAL DISSOLUTION - DIVORCE - [PDF]

A. Introductionv B. Separation
C. Annulment
D. Grounds for Divorce
E. Basic Procedures for Divorce

1. Residency Requirements
2. Filing the Complaint
3. Responding to a Complaint
4. Court Resolution

F. Divorce Mediation
G. Where to Get Legal Help

1. Need for Legal Assistance
2. Representing Yourself
3. Assistance in Obtaining an Attorney

H. Property Division
I. Taxes and Other Debts
J. Spousal Maintenance
K. Name Change
L. Custody
M. Child Support
N. Child Support Enforcement
O. Child Custody Interference - Parental Kidnapping
P. Modifications
Q. Interstate Disputes

1. Divorce Issues
2. Uniform Interstate Child Custody Jurisdiction Act (UCCJA)

CHAPTER 9: PROPERTY LAW - [PDF]

A. Community/Separate Property
B. Property Subject to Collection by Taxing Agencies

CHAPTER 10: VICTIM ASSISTANCE - [PDF]

A. Domestic Violence
B. Sex Crimes

1. Rape
2. Lewd and Lascivious Conduct with a Minor
3. Sexual Exploitation of a Child

C. Crimes against Children

1. Injury to Children
2. Reporting of Child Abuse, Abandonment or Neglect

D. Victim Assistance
E. Crime Victim’s Compensation
F. Stalking
G. Sexual Exploitation by a Medical Care Provider
H. Destruction of Joint Property

CHAPTER 11: SENIOR CITIZENS - [PDF]

A. Services for Idaho’s Senior Citizens
B. Funding and Service Provision
C. Direct Services
D. Provider Services
E. Eligibility
F. Fees
G. Area Agencies

CHAPTER 12: WILLS AND PROBATE - [PDF]

A. Will Definition
B. If There Is No Will
C. What Property Is Transferred Upon Death
D. Changing a Will
E. Estate Taxes
F. Probate Procedures in Idaho
G. Cost of Probate
H. Probate Avoidance
I. Living (Revocable) Trusts