HOUSE BILL NO. 160

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Daily Data Tracking History



H0160aa...............................................by HEALTH AND WELFARE
PARENTAL RIGHTS - Amends existing law to revise conditions under which a
court may terminate parental rights.
                                                                        
02/05    House intro - 1st rdg - to printing
02/06    Rpt prt - to Jud
02/18    Rpt out - Ref'd to Health/Wel
03/03    Rpt out - to Gen Ord
03/05    Ret'd to Health/Wel
03/10    Rpt out - to Gen Ord
03/13    Rpt out amen - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen- PASSED - 42-24-4
      AYES -- Andersen, Bell, Bieter, Black, Block, Boe, Bolz, Cannon,
      Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Field(18),
      Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Langhorst,
      Martinez, Meyer, Miller, Mitchell, Naccarato, Ridinger, Ring, Ringo,
      Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Tilman, Trail, Wills
      NAYS -- Barraclough, Barrett, Bauer, Bedke, Bradford, Clark, Eberle,
      Ellsworth, Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin,
      McKague, Moyle, Nielsen, Raybould, Roberts, Rydalch, Sali, Schaefer,
      Stevenson, Wood
      Absent and excused -- Campbell, Crow, Eskridge, Mr. Speaker
    Floor Sponsor - Henbest
    Title apvd - to Senate
03/24    Senate intro - 1st rdg - to Health/Wel
03/27    Rpt out - rec d/p - to 2nd rdg
03/28    2nd rdg - to 3rd rdg
04/01    3rd rdg - PASSED - 32-3-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Roberts),
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noble, Noh, Richardson,  Schroeder,
      Sorensen, Stegner, Stennett, Werk, Williams
      NAYS -- Burtenshaw, Pearce, Sweet
      Absent and excused -- None
    Floor Sponsor - Ingram
    Title apvd - to House
04/02    To enrol
04/03    Rpt enrol - Sp signed
04/04    Pres signed
04/07    To Governor
04/08    Governor signed
         Session Law Chapter 260
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 160
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TERMINATION OF PARENTAL RIGHTS; AMENDING  SECTION  16-2005,  IDAHO
  3        CODE,  TO  REVISE  CONDITIONS UNDER WHICH THE COURT MAY TERMINATE PARENTAL
  4        RIGHTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 16-2005, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        16-2005.  CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
  9    grant  an order terminating the relationship where it finds one (1) or more of
 10    the following conditions exist:
 11        a.  The parent has abandoned the child by having willfully failed to main-
 12    tain a normal parental relationship including, but not limited to,  reasonable
 13    support  or  regular  personal contact; failure of the parent to maintain this
 14    relationship without just cause for a period of one (1) year shall  constitute
 15    prima facie evidence of abandonment under this section. Provided further, that
 16    where termination is sought by a grandparent seeking to adopt the child, will-
 17    ful  failure  of the parent to maintain a normal parental relationship as pro-
 18    vided herein, without just cause, for six (6) months  shall  constitute  prima
 19    facie evidence of abandonment.
 20        b.  The  parent  has neglected or abused the child. Neglect as used herein
 21    shall mean a situation in which the child lacks parental  care  necessary  for
 22    his health, morals and well-being.
 23        c.  The presumptive parent is not the natural parent of the child.
 24        d.  The  parent  is  unable failing to discharge parental responsibilities
 25    because of mental illness or  mental  deficiency,  and  there  are  reasonable
 26    grounds  to believe the condition such a failure will continue for a prolonged
 27    indeterminate period and will be injurious to the health, morals or well-being
 28    of the child.
 29        e.  If termination is found to be in the best interest of the  parent  and
 30    child,  where the petition has been filed by a parent or through an authorized
 31    agency, or interested party.
 32        f.  Where a consent to termination in the manner and  form  prescribed  by
 33    this  act  has  been filed by the parent(s) of the child in conjunction with a
 34    petition for adoption initiated by the person or persons  proposing  to  adopt
 35    the  child,  or  where the consent to termination has been filed by a licensed
 36    adoption agency, no subsequent hearing on the merits of the petition shall  be
 37    held.  Consents  required by this act must be witnessed by a district judge or
 38    magistrate of a district court, or equivalent judicial officer of  the  state,
 39    where a person consenting resides or is present, whether within or without the
 40    county, and shall be substantially in the following form:
 41    IN  THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
 42    AND FOR THE COUNTY OF ....
 43    In the Matter of the termination       )
                                                                        
                                           2
                                                                        
  1    of the parental rights of              )
  2    ...................                    )
  3    ...................                    )
  4        I (we), the undersigned, being the .... of ...., do hereby give  my  (our)
  5    full  and  free  consent  to the complete and absolute termination of my (our)
  6    parental right(s), to the said ...., who  was  born  ....,  ....,  unto  ....,
  7    hereby  relinquishing  completely  and forever, all  legal rights, privileges,
  8    duties and obligations, including all rights of inheritance to  and  from  the
  9    said  ....,  and I (we) do hereby expressly waive my (our) right(s) to hearing
 10    on the petition to terminate my (our)  parental  relationship  with  the  said
 11    ...., and respectfully request the petition be granted.
 12                                                                DATED: ...., 20...
 13                                                               ...................
 14    STATE OF IDAHO     )
 15                       )   ss.
 16    COUNTY OF ....     )
 17        On  this  ....  day  of  ...., 20.., before me, the undersigned ...., ....
 18    (Judge or Magistrate) of the District Court of the .... Judicial  District  of
 19    the  state  of Idaho, in and for the county of ...., personally appeared ....,
 20    known to me (or proved to me on the oath of ....) to be  the  person(s)  whose
 21    name(s)  is  (are) subscribed to the within instrument, and acknowledged to me
 22    that he (she, they) executed the same.
 23        IN WITNESS WHEREOF, I have hereunto set my hand and  affixed  my  official
 24    seal the day and year in this certificate first above written.
 25                             ...................... (District Judge or Magistrate)
 26        The  court  shall  accept a consent or a surrender and release executed in
 27    another state if:
 28        (1)  It is witnessed by a magistrate or district judge of the state  where
 29        signed; or
 30        (2)  The court receives an affidavit or a certificate from a court of com-
 31        parable jurisdiction stating that the consent or the surrender and release
 32        was executed in accordance with the laws of the state in which it was exe-
 33        cuted, or the court is satisfied by other showing that the consent or sur-
 34        render  and  release was executed in accordance with the laws of the state
 35        in which it was executed; or
 36        (3)  The court shall accept a termination or relinquishment from a  sister
 37        state  that  has  been  ordered by a court of competent jurisdiction under
 38        like proceedings; or in any other manner authorized by the laws of a  sis-
 39        ter  state. In a state where the father has failed to file notice of claim
 40        to paternity and willingness to assume responsibility as provided for pur-
 41        suant to the laws of such state, and where  such  failure  constitutes  an
 42        abandonment  of such child and constitutes a termination or relinquishment
 43        of the rights of the putative father, the court shall accept such  failure
 44        as  a  termination in this state without further hearing on the merits, if
 45        the court is satisfied that such  failure  constitutes  a  termination  or
 46        relinquishment of parental rights pursuant to the laws of that state.
 47        g.  Unless  a  consent to termination signed by the parent(s) of the child
 48    has been filed by an adoption agency licensed in the state of Idaho, or unless
 49    the consent to termination was filed in conjunction with a petition for  adop-
 50    tion of the child, the court shall hold a hearing.
 51        h.  The court may grant termination as to a parent:
 52        (1)  Who  caused  the  child  to be conceived as a result of rape, incest,
 53        lewd conduct with a minor child under sixteen (16) years, or sexual  abuse
 54        of  a  child  under  the  age of sixteen (16) years, as defined in section
 55        16-2002 o., Idaho Code; or
                                                                        
                                           3
                                                                        
  1        (2)  Who murdered or intentionally killed the other parent of  the  child;
  2        or if the court determines the parent has been convicted of murder or vol-
  3        untary manslaughter of another sibling of the child or has aided, abetted,
  4        conspired  or  solicited  to  commit such murder or voluntary manslaughter
  5        and/or if the court determines the parent has been convicted of  a  felony
  6        assault or battery which resulted in serious bodily injury to the child or
  7        a sibling; or
  8        (3)  Who has been incarcerated and has no possibility of parole; or
  9        (4)  If a court determines the child to be an abandoned infant.
 10    There  is  a rebuttable presumption that termination of the parent-child rela-
 11    tionship in any of the circumstances provided in subsection g. of this section
 12    is in the best interest of the child.
 13        i.  If the parent has a disability, as defined in this chapter, the parent
 14    shall have the right to provide evidence to the court regarding the manner  in
 15    which  the  use  of  adaptive equipment or supportive services will enable the
 16    parent to carry out the responsibilities of parenting the  child.  Nothing  in
 17    this  section shall be construed to create any new or additional obligation on
 18    state or local governments to purchase or provide adaptive equipment  or  sup-
 19    portive services for parents with disabilities.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Henbest             
                                                                        
                                                     Seconded by Martinez            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 160
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 24,  delete  "unable  failing"  and
  3    insert: "unable"; and in line 26, delete "a failure" and insert: "inability".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 160, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TERMINATION OF PARENTAL RIGHTS; AMENDING  SECTION  16-2005,  IDAHO
  3        CODE,  TO  REVISE  CONDITIONS UNDER WHICH THE COURT MAY TERMINATE PARENTAL
  4        RIGHTS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 16-2005, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        16-2005.  CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
  9    grant  an order terminating the relationship where it finds one (1) or more of
 10    the following conditions exist:
 11        a.  The parent has abandoned the child by having willfully failed to main-
 12    tain a normal parental relationship including, but not limited to,  reasonable
 13    support  or  regular  personal contact; failure of the parent to maintain this
 14    relationship without just cause for a period of one (1) year shall  constitute
 15    prima facie evidence of abandonment under this section. Provided further, that
 16    where termination is sought by a grandparent seeking to adopt the child, will-
 17    ful  failure  of the parent to maintain a normal parental relationship as pro-
 18    vided herein, without just cause, for six (6) months  shall  constitute  prima
 19    facie evidence of abandonment.
 20        b.  The  parent  has neglected or abused the child. Neglect as used herein
 21    shall mean a situation in which the child lacks parental  care  necessary  for
 22    his health, morals and well-being.
 23        c.  The presumptive parent is not the natural parent of the child.
 24        d.  The parent is unable to discharge parental responsibilities because of
 25    mental  illness  or  mental  deficiency,  and  there are reasonable grounds to
 26    believe the condition such inability will continue for a prolonged  indetermi-
 27    nate  period  and will be injurious to the health, morals or well-being of the
 28    child.
 29        e.  If termination is found to be in the best interest of the  parent  and
 30    child,  where the petition has been filed by a parent or through an authorized
 31    agency, or interested party.
 32        f.  Where a consent to termination in the manner and  form  prescribed  by
 33    this  act  has  been filed by the parent(s) of the child in conjunction with a
 34    petition for adoption initiated by the person or persons  proposing  to  adopt
 35    the  child,  or  where the consent to termination has been filed by a licensed
 36    adoption agency, no subsequent hearing on the merits of the petition shall  be
 37    held.  Consents  required by this act must be witnessed by a district judge or
 38    magistrate of a district court, or equivalent judicial officer of  the  state,
 39    where a person consenting resides or is present, whether within or without the
 40    county, and shall be substantially in the following form:
 41    IN  THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
 42    AND FOR THE COUNTY OF ....
 43    In the Matter of the termination       )
                                                                        
                                           2
                                                                        
  1    of the parental rights of              )
  2    ...................                    )
  3    ...................                    )
  4        I (we), the undersigned, being the .... of ...., do hereby give  my  (our)
  5    full  and  free  consent  to the complete and absolute termination of my (our)
  6    parental right(s), to the said ...., who  was  born  ....,  ....,  unto  ....,
  7    hereby  relinquishing  completely  and forever, all  legal rights, privileges,
  8    duties and obligations, including all rights of inheritance to  and  from  the
  9    said  ....,  and I (we) do hereby expressly waive my (our) right(s) to hearing
 10    on the petition to terminate my (our)  parental  relationship  with  the  said
 11    ...., and respectfully request the petition be granted.
 12                                                                DATED: ...., 20...
 13                                                               ...................
 14    STATE OF IDAHO     )
 15                       )   ss.
 16    COUNTY OF ....     )
 17        On  this  ....  day  of  ...., 20.., before me, the undersigned ...., ....
 18    (Judge or Magistrate) of the District Court of the .... Judicial  District  of
 19    the  state  of Idaho, in and for the county of ...., personally appeared ....,
 20    known to me (or proved to me on the oath of ....) to be  the  person(s)  whose
 21    name(s)  is  (are) subscribed to the within instrument, and acknowledged to me
 22    that he (she, they) executed the same.
 23        IN WITNESS WHEREOF, I have hereunto set my hand and  affixed  my  official
 24    seal the day and year in this certificate first above written.
 25                             ...................... (District Judge or Magistrate)
 26        The  court  shall  accept a consent or a surrender and release executed in
 27    another state if:
 28        (1)  It is witnessed by a magistrate or district judge of the state  where
 29        signed; or
 30        (2)  The court receives an affidavit or a certificate from a court of com-
 31        parable jurisdiction stating that the consent or the surrender and release
 32        was executed in accordance with the laws of the state in which it was exe-
 33        cuted, or the court is satisfied by other showing that the consent or sur-
 34        render  and  release was executed in accordance with the laws of the state
 35        in which it was executed; or
 36        (3)  The court shall accept a termination or relinquishment from a  sister
 37        state  that  has  been  ordered by a court of competent jurisdiction under
 38        like proceedings; or in any other manner authorized by the laws of a  sis-
 39        ter  state. In a state where the father has failed to file notice of claim
 40        to paternity and willingness to assume responsibility as provided for pur-
 41        suant to the laws of such state, and where  such  failure  constitutes  an
 42        abandonment  of such child and constitutes a termination or relinquishment
 43        of the rights of the putative father, the court shall accept such  failure
 44        as  a  termination in this state without further hearing on the merits, if
 45        the court is satisfied that such  failure  constitutes  a  termination  or
 46        relinquishment of parental rights pursuant to the laws of that state.
 47        g.  Unless  a  consent to termination signed by the parent(s) of the child
 48    has been filed by an adoption agency licensed in the state of Idaho, or unless
 49    the consent to termination was filed in conjunction with a petition for  adop-
 50    tion of the child, the court shall hold a hearing.
 51        h.  The court may grant termination as to a parent:
 52        (1)  Who  caused  the  child  to be conceived as a result of rape, incest,
 53        lewd conduct with a minor child under sixteen (16) years, or sexual  abuse
 54        of  a  child  under  the  age of sixteen (16) years, as defined in section
 55        16-2002 o., Idaho Code; or
                                                                        
                                           3
                                                                        
  1        (2)  Who murdered or intentionally killed the other parent of  the  child;
  2        or if the court determines the parent has been convicted of murder or vol-
  3        untary manslaughter of another sibling of the child or has aided, abetted,
  4        conspired  or  solicited  to  commit such murder or voluntary manslaughter
  5        and/or if the court determines the parent has been convicted of  a  felony
  6        assault or battery which resulted in serious bodily injury to the child or
  7        a sibling; or
  8        (3)  Who has been incarcerated and has no possibility of parole; or
  9        (4)  If a court determines the child to be an abandoned infant.
 10    There  is  a rebuttable presumption that termination of the parent-child rela-
 11    tionship in any of the circumstances provided in subsection g. of this section
 12    is in the best interest of the child.
 13        i.  If the parent has a disability, as defined in this chapter, the parent
 14    shall have the right to provide evidence to the court regarding the manner  in
 15    which  the  use  of  adaptive equipment or supportive services will enable the
 16    parent to carry out the responsibilities of parenting the  child.  Nothing  in
 17    this  section shall be construed to create any new or additional obligation on
 18    state or local governments to purchase or provide adaptive equipment  or  sup-
 19    portive services for parents with disabilities.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE 
                                
                            RS 12735

In early 1999 the Idaho SILC established the Committee for
Fathers and Mothers Independently Living with their Youth
(FAMILY).  The committee was created to; 1) remove from current
law any inappropriate disability language, 2) build into current
law protections against discriminatory actions because of a
parent's disability in child custody legal proceedings and, 3)
create an evaluation system that is consistent and takes into
consideration the use of adaptive equipment and supportive
services. 

The Committee for FAMILY is comprised of state legislators, an
attorney with family law expertise representing the Idaho Bar
Association, state Family and Children's Services officials, the
director of the Protection and Advocacy System, representatives
of disability advocacy groups, Grandparents as Parents and Idaho
Parents Unlimited. 

Legislation was introduced and passed in the 2002 Idaho State
Legislature that amended the law regarding termination of
parental rights for parents with disabilities. This proposed
legislation will amend language that was not amended last
legislative session 


                         FISCAL IMPACT 
None 
















Contact
Name: Kelly Buckland
Phone: 334-3800






STATEMENT OF PURPOSE/FISCAL IMPACT                      H 160