Understanding the Implications of Idaho’s New Law
As parents and students in the Stanley Park High School community, it’s crucial to be aware of a recent law that could have significant implications for the well-being and safety of our young people. In this informative article, we’ll explore the details of Idaho’s new parental consent law and its unintended consequences, particularly when it comes to accessing vital sexual assault examinations.
The New Parental Consent Law
In March 2024, Idaho Governor Brad Little signed Senate Bill 1329 into law, which went into effect on July 1st of the same year. This legislation was intended to require parental consent for most medical procedures involving minors, with the aim of giving parents a more active role in their children’s healthcare.
However, this new law has had an unintended and concerning consequence – it now prohibits minors from accessing sexual assault exams, commonly referred to as “rape kits,” without their parents’ consent. This becomes especially problematic when the perpetrator of the sexual assault is a parent, family member, or close family friend.
The Challenges Faced by Victims
According to Deb Wetherelt, the Idaho State Police sexual assault nurse coordinator, prior to this law, anyone 14 years or older could provide informed consent for a sexual assault exam. This allowed victims to seek the necessary medical attention and evidence collection, even if their parents were not immediately available or supportive.
Now, with the new parental consent requirement, minors who have been sexually assaulted may face significant barriers to accessing the critical care and support they need. Wetherelt shared a concerning example:
“If a child comes in and says, ‘My stepdad did this to me,’ and mom says ‘she’s a liar, she’s been nothing but a liar since she’s 8 years old, this is not true. He would never do that.’ And I will tell you that happens all too often as well.”
In these situations, the nurse is left with the difficult decision of either respecting the parent’s refusal to provide consent or contacting law enforcement and child protective services to intervene. However, these assessments can take time, and the window for collecting vital DNA evidence may close.
The Emotional and Mental Well-being of Victims
Beyond the immediate medical and legal implications, Wetherelt expressed deep concerns about the emotional and mental well-being of victims in these situations. When a child is denied access to a sexual assault exam and their parent dismisses their claims, the trauma can be further compounded.
“What’s going to happen to that kiddo when she goes home? Mom calls her a liar, and says ‘Now you’ve got the cops involved. Now CPS is coming to the house. Are you happy?’ Now, those are the things I worry about,” Wetherelt said.
The Legislative Response
The lead sponsor of the bill, Senate Majority Leader Kelly Anthon, R-Burley, stated that hindering investigations was not the intent of the law. Anthon said he plans to reach out to the Idaho State Police to address this unintended consequence and explore potential changes to the legislation.
However, Senate Minority Leader Melissa Wintrow, D-Boise, who voted against the bill, expressed concerns that the sponsors did not thoroughly consider the impact on vulnerable youth.
“I was begging people to not pass that bill because not all parents have the best intentions in mind,” Wintrow said. “You have to have an escape hatch for youth and their health.”
Seeking Help and Support
It’s crucial for students and parents in our community to be aware of the resources available for victims of sexual assault. If you or someone you know has been sexually assaulted, you can call the National Sexual Assault Hotline at 800-656-HOPE (4673) or visit the Stanley Park High School Counseling Center for support and guidance.
Expanding Access to Sexual Assault Nurse Examiners
While the new parental consent law poses significant challenges, the state of Idaho has been working to increase the availability of trained sexual assault nurse examiners (SANE) across the state. These specialized healthcare professionals play a vital role in providing comprehensive and trauma-informed care to victims of sexual assault.
Statewide Efforts to Increase SANE Nurses
According to the Idaho Reports article, four years ago, Idaho had only 17 locations where victims could receive sexual assault exams, and just three of them had nurses trained in sexual assault forensics. Today, the state has 231 trained SANE nurses, and by the end of 2024, Idaho State Police plans to increase that number to at least 250.
However, even with this substantial increase, the state’s vast geography and rural nature still present significant gaps in access. Eighteen counties in Idaho, home to over 198,000 people, do not have a facility where a person could receive a sexual assault exam by a trained SANE nurse.
The Importance of Trauma-Informed Care
Deb Wetherelt emphasized the importance of SANE nurses being trained in a trauma-informed approach when treating recent rape victims. She explained that, unlike emergency room staff who may be in a hurry to treat patients quickly, SANE nurses are trained to prioritize the victim’s sense of safety, comfort, and trust-building.
“If a nurse isn’t trained to recognize those symptoms and to know how to use a trauma-informed approach with the patient, then you actually can cause more trauma to that patient, which is going to increase the risk of serious sequelae,” Wetherelt said.
Overcoming Challenges in SANE Nurse Staffing
Recruiting and retaining SANE nurses is not without its challenges. Amanda Cook, the forensic nurse examiner program director at the Domestic Violence and Sexual Assault Center in Idaho Falls, explained that the vicarious trauma experienced by these nurses can be overwhelming.
“This is a part-time job that requires a nurse at their fullest capacity,” Cook said. “You’re with that patient for six hours.”
To address these challenges, the Idaho State Police Forensic Services department has partnered with the Colorado Center for Nursing Excellence to help pay for nurses’ salaries during training, preventing hospitals from having to pay double salaries. The department has also secured grant funding to provide equipment and supplies to sexual assault evidence collection sites across the state.
Accessing SANE Services in Idaho
The Idaho Reports article provides a comprehensive list of the locations in Idaho where a SANE nurse can be made available. This includes facilities in various counties, such as CARES in Boise and the Domestic Violence and Sexual Assault Center in Idaho Falls.
If you or someone you know has been the victim of sexual assault, we encourage you to reach out to the National Sexual Violence Hotline at 800-656-HOPE (4673) or visit the Stanley Park High School Counseling Center for information on accessing SANE services and other support resources in our community.
Conclusion
The new parental consent law in Idaho has created an unintended and concerning situation where minors who have been sexually assaulted may face significant barriers to accessing the critical medical care and evidence collection they need. This is especially problematic when the perpetrator is a family member or close family friend.
While the state is working to increase the availability of trained sexual assault nurse examiners, gaps in access still exist, particularly in rural areas. It is crucial for our school community to be aware of this issue and the resources available to support victims of sexual assault.
By staying informed and actively advocating for the well-being of our students, we can work towards ensuring that all young people in Idaho have access to the compassionate, trauma-informed care they deserve. Together, we can make a difference in the lives of those affected by sexual violence.
