HOUSE BILL NO. 167

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H0167aa...............................................by HEALTH AND WELFARE
CHILD PROTECTION - DISABLED PARENTS - Amends existing law to provide that
for child protective cases, designated provisions shall not be construed to
allow discrimination on the basis of disabilities; to revise jurisdictional
criteria; to provide for the introduction of certain evidence by parents or
guardians with disabilities; to provide that persons knowledgeable about
adaptive equipment and supportive services for parents or guardians with
disabilities may participate in certain investigations; and to revise
written protocol criteria for certain investigations and interviews.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
02/18    Rpt out - Ref'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 - 41-21-8
      AYES  --  Andersen, Bell, Bieter, Black, Block, Boe, Bolz, Cannon,
      Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,
      Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
      Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato, Ridinger,
      Ring, Ringo, Robison, Sayler, Shirley, Skippen, Smith(30), Smylie,
      Snodgrass, Stevenson, Tilman, Wills
      NAYS -- Barraclough, Barrett, Bauer, Bedke, Bradford, Crow, Eberle,
      Harwood, Kulczyk, Lake, Langford, McGeachin McKague, Moyle, Nielsen,
      Raybould, Roberts, Rydalch, Sali, Schaefer, Wood
      Absent and excused -- Campbell, Clark, Eskridge, Kellogg, Shepherd,
      Smith(24), Trail, 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
04/02    3rd rdg - PASSED - 33-2-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk
      NAYS -- Burtenshaw, Williams
      Absent and excused -- None
    Floor Sponsor - Kennedy
    Title apvd - to House
04/03    To enrol
04/04    Rpt enrol - Sp signed
04/07    Pres signed
04/08    To Governor
04/14    Governor signed
         Session Law Chapter 279
         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. 167
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
  3        PROVIDE FOR CASES INVOLVING DISABILITY AND TO MAKE TECHNICAL  CORRECTIONS;
  4        AMENDING SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SEC-
  5        TION 16-1603, IDAHO CODE, TO REVISE JURISDICTIONAL CRITERIA; AMENDING SEC-
  6        TION  16-1608, IDAHO CODE, TO PROVIDE FOR THE INTRODUCTION OF CERTAIN EVI-
  7        DENCE BY PARENTS OR GUARDIANS WITH DISABILITIES,  TO  REVISE  REQUIREMENTS
  8        RELATING TO WRITTEN FINDINGS OF THE COURT AND TO PROVIDE CORRECT CODE REF-
  9        ERENCES; AMENDING SECTION 16-1609, IDAHO CODE, TO REVISE CERTAIN REPORTING
 10        REQUIREMENTS  OF  THE  DEPARTMENT OF HEALTH AND WELFARE AND ITS AUTHORIZED
 11        REPRESENTATIVES; AMENDING SECTION 16-1609A, IDAHO CODE,  TO  PROVIDE  THAT
 12        PERSONS KNOWLEDGEABLE ABOUT ADAPTIVE EQUIPMENT AND SUPPORTIVE SERVICES FOR
 13        PARENTS OR GUARDIANS WITH DISABILITIES MAY PARTICIPATE IN CERTAIN INVESTI-
 14        GATIONS AND TO REVISE WRITTEN PROTOCOL CRITERIA FOR CERTAIN INVESTIGATIONS
 15        AND  INTERVIEWS;  AMENDING SECTION 16-1610, IDAHO CODE, TO REVISE REQUIRE-
 16        MENTS RELATING TO CASE PLANS AND TO PROVIDE A CORRECT CODE REFERENCE;  AND
 17        AMENDING SECTION 16-1615, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
                                                                        
 18    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 19        SECTION  1.  That  Section 16-1601, Idaho Code, be, and the same is hereby
 20    amended to read as follows:
                                                                        
 21        16-1601.  POLICY. The policy of the state of Idaho is hereby  declared  to
 22    be the establishment of a legal framework conducive to the judicial processing
 23    including  periodic  review of child abuse, abandonment and neglect cases, and
 24    the protection of any children whose life, health or welfare is endangered. At
 25    all times the health and safety of the child shall  be  the  primary  concern.
 26    Each child coming within the purview of this chapter shall receive, preferably
 27    in  his own home, the care, guidance and control that will promote his welfare
 28    and the best interest of the state of Idaho, and if he  is  removed  from  the
 29    control  of  one  (1) or more of his parents, guardian or other custodian, the
 30    state shall secure adequate care for him; provided, however, that the state of
 31    Idaho shall, to the  fullest  extent  possible,  seek  to  preserve,  protect,
 32    enhance  and reunite the family relationship. Nothing in this chapter shall be
 33    construed to allow discrimination on the basis of disability. In cases involv-
 34    ing a parent or guardian with a disability,  assessments  under  this  chapter
 35    shall  take into account the use of adaptive equipment and supportive services
 36    and shall be conducted by, or with the assistance of, one (1) or more individ-
 37    uals, who possess a combination of experience, training, expertise and  knowl-
 38    edge  in the use of such equipment and services. This chapter seeks to coordi-
 39    nate efforts by state and local public agencies, in cooperation  with  private
 40    agencies and organizations, citizens' groups, and concerned individuals, to:
 41        (1)  Preserve the privacy and unity of the family whenever possible;
 42        (2)  Take  such  actions  as  may be necessary and feasible to prevent the
 43    abuse, neglect, abandonment or homelessness of children;
                                                                        
                                           2
                                                                        
  1        (3)  Take such actions as may be necessary to provide the child with  per-
  2    manency including concurrent planning;
  3        (4)  Clarify for the purposes of this act the rights and responsibilities
  4    of parents with joint legal or joint physical custody of children at risk.
                                                                        
  5        SECTION  2.  That  Section 16-1602, Idaho Code, be, and the same is hereby
  6    amended to read as follows:
                                                                        
  7        16-1602.  DEFINITIONS. For purposes of this chapter:
  8        (1)  "Abused" means any case in which a child has been the victim of:
  9        (a)  Conduct or omission resulting in skin bruising,  bleeding,  malnutri-
 10        tion,  burns,  fracture of any bone, subdural hematoma, soft tissue swell-
 11        ing, failure to thrive or death, and such condition or death is not justi-
 12        fiably explained, or where the history given concerning such condition  or
 13        death  is  at variance with the degree or type of such condition or death,
 14        or the circumstances indicate that such condition or death may not be  the
 15        product of an accidental occurrence; or
 16        (b)  Sexual  conduct,  including  rape, molestation, incest, prostitution,
 17        obscene or pornographic photographing, filming or depiction for commercial
 18        purposes, or other similar forms of sexual exploitation harming or threat-
 19        ening the child's health or welfare or mental injury to the child.
 20        (2)  "Abandoned" means the failure of the  parent  to  maintain  a  normal
 21    parental relationship with his child including, but not limited to, reasonable
 22    support  or  regular  personal  contact. Failure to maintain this relationship
 23    without just cause for a period of one (1) year shall constitute  prima  facie
 24    evidence of abandonment.
 25        (3)  "Adaptive equipment" means any piece of equipment or any item that is
 26    used  to  increase, maintain or improve the parenting capabilities of a parent
 27    with a disability.
 28        (4)  "Adjudicatory hearing" means a hearing to determine:
 29        (a)  Whether the child comes under the jurisdiction of the court  pursuant
 30        to the provisions of this chapter;
 31        (b)  Whether  continuation  of  the child in the home would be contrary to
 32        the child's welfare and whether the best interests of  the  child  require
 33        protective  supervision or vesting legal custody of the child in an autho-
 34        rized agency;
 35        (c)  Whether aggravated circumstances as defined in section 16-1608, Idaho
 36        Code, exist.
 37        (45)  "Authorized agency" means the department, a local agency, a  person,
 38    an  organization,  corporation,  benevolent society or association licensed or
 39    approved by the department or the court to receive children for control, care,
 40    maintenance or placement.
 41        (56)  "Child" means an individual who is under the age  of  eighteen  (18)
 42    years.
 43        (67)  "Child  advocate  coordinator"  means  a  person or entity receiving
 44    moneys from the grant administrator for the purpose of carrying out any of the
 45    duties as set forth in section 16-1630, Idaho Code.
 46        (78)  "Circumstances of the child" includes, but is not  limited  to,  the
 47    joint legal custody or joint physical custody of the child.
 48        (89)  "Commit" means to transfer legal and physical custody.
 49        (910) "Concurrent  planning"  means a planning model that prepares for and
 50    implements different outcomes at the same time.
 51        (101) "Court" means district court or magistrate's division thereof, or if
 52    the context requires, a magistrate or judge thereof.
 53        (112) "Custodian" means a person, other than a parent or legal   guardian,
                                                                        
                                           3
                                                                        
  1    to  whom  legal  or  joint  legal custody of the child has been given by court
  2    order or who is acting in loco parentis.
  3        (123) "Department" means the department of  health  and  welfare  and  its
  4    authorized representatives.
  5        (14) "Disability"  means,  with  respect  to  an individual, any mental or
  6    physical impairment which substantially limits one  (1)  or  more  major  life
  7    activity  of  the  individual including, but not limited to, self-care, manual
  8    tasks, walking, seeing, hearing, speaking, learning or working, or a record of
  9    such an impairment, or being regarded as having such an impairment. Disability
 10    shall not include  transvestism,  transsexualism,  pedophilia,  exhibitionism,
 11    voyeurism,  other  sexual behavior disorders, or substance use disorders, com-
 12    pulsive gambling, kleptomania or pyromania. Sexual preference  or  orientation
 13    is  not considered an impairment or disability. Whether an impairment substan-
 14    tially limits a major life activity shall be determined without  consideration
 15    of  the effect of corrective or mitigating measures used to reduce the effects
 16    of the impairment.
 17        (135) "Family or household member" shall have the same meaning as in  sec-
 18    tion 39-6303(3), Idaho Code.
 19        (146) "Foster  care" means twenty-four (24) hour substitute care for chil-
 20    dren placed away from their parents or guardians and for whom the state agency
 21    has placement and care responsibility.
 22        (157) "Grant administrator" means any such organization or agency  as  may
 23    be  designated by the supreme court from time to time to administer funds from
 24    the guardian ad litem account in accordance with the provisions of this  chap-
 25    ter.
 26        (168) "Guardian  ad  litem" means a person appointed by the court pursuant
 27    to a guardian ad litem volunteer program to act  as  special  advocate  for  a
 28    child under this chapter.
 29        (179) "Guardian  ad litem program" means the program to recruit, train and
 30    coordinate volunteer persons to  serve  as  guardians  ad  litem  for  abused,
 31    neglected or abandoned children.
 32        (20) "Homeless,"  as  used  in  this chapter, shall mean that the child is
 33    without adequate shelter or other living facilities,  and  the  lack  of  such
 34    shelter  or  other  living  facilities poses a threat to the health, safety or
 35    well-being of the child.
 36        (1821) "Law enforcement agency" means a city police department, the prose-
 37    cuting attorney of any county, state law enforcement officers, or  the  office
 38    of a sheriff of any county.
 39        (1922) "Legal custody" means a relationship created by order of the court,
 40    which vests in a custodian the following duties and rights:
 41        (a)  To  have  physical custody and control of the child, and to determine
 42        where and with whom the child shall live.
 43        (b)  To supply the child  with  food,  clothing,  shelter  and  incidental
 44        necessities.
 45        (c)  To provide the child with care, education and discipline.
 46        (d)  To authorize ordinary medical, dental, psychiatric, psychological, or
 47        other remedial care and treatment for the child, including care and treat-
 48        ment  in a facility with a program of services for children; and to autho-
 49        rize surgery if the surgery is deemed by two (2)  physicians  licensed  to
 50        practice in this state to be necessary for the child.
 51        (e)  Where  the  parents  share legal custody, the custodian may be vested
 52        with the custody previously held by either or both parents.
 53        (203) "Mental injury" means a substantial impairment in  the  intellectual
 54    or  psychological ability of a child to function within a normal range of per-
 55    formance and/or behavior, for short or long terms.
                                                                        
                                           4
                                                                        
  1        (214) "Neglected" means a child:
  2        (a)  Who is without proper parental care and control, or subsistence, edu-
  3        cation, medical or other care or  control  necessary  for  his  well-being
  4        because  of the conduct or omission of his parents, guardian or other cus-
  5        todian or their neglect or refusal to provide them; provided, however,  no
  6        child whose parent or guardian chooses for such child treatment by prayers
  7        through  spiritual  means  alone  in  lieu  of medical treatment, shall be
  8        deemed for that reason alone to be neglected or lack parental care  neces-
  9        sary  for  his health and well-being, but further provided this subsection
 10        shall not prevent the court from acting pursuant to section 16-1616, Idaho
 11        Code; or
 12        (b)  Whose parents, guardian or other custodian are unable failing to dis-
 13        charge their responsibilities to and for the child because  of  incarcera-
 14        tion,  hospitalization,  or  other physical or mental incapacity and, as a
 15        result of such failure, the child lacks the parental  care  necessary  for
 16        his health, safety or well-being; or
 17        (c)  Who has been placed for care or adoption in violation of law.
 18        (225) "Permanency  hearing"  means a hearing to review, approve, reject or
 19    modify the permanency plan of the department, and review reasonable efforts in
 20    accomplishing the permanency plan.
 21        (236) "Permanency plan" means a plan for a continuous residence and  main-
 22    tenance of nurturing relationships during the child's minority.
 23        (247) "Planning hearing" means a hearing to:
 24        (a)  Review, approve, modify or reject the case plan; and
 25        (b)  Review reasonable efforts being made to rehabilitate the family; and
 26        (c)  Review  reasonable  efforts being made to reunify the children with a
 27        parent or guardian.
 28        (258) "Protective order" means an order  created  by  the  court  granting
 29    relief as delineated in section 39-6306, Idaho Code, and shall be for a period
 30    not to exceed three (3) months unless otherwise stated herein. Failure to com-
 31    ply with the order shall be a misdemeanor.
 32        (269) "Protective supervision" means a legal status created by court order
 33    in  neglect  and  abuse  cases whereby the child is permitted to remain in his
 34    home under supervision by the department.
 35        (2730) "Residual parental rights and responsibilities" means those  rights
 36    and  responsibilities  remaining  with the parents after the transfer of legal
 37    custody including, but not necessarily limited to, the  right  of  visitation,
 38    the  right  to  consent to adoption, the right to determine religious affilia-
 39    tion, the right to family counseling when beneficial, and  the  responsibility
 40    for support.
 41        (2831) "Shelter care" means places designated by the department for tempo-
 42    rary care of children pending court disposition or placement.
 43        (32) "Supportive  services,"  as used in this chapter, shall mean services
 44    which assist parents with a disability to  compensate  for  those  aspects  of
 45    their  disability which affect their ability to care for their child and which
 46    will enable them  to  discharge  their  parental  responsibilities.  The  term
 47    includes  specialized  or  adapted  training,  evaluations  or assistance with
 48    effectively using adaptive equipment and accommodations  which  allow  parents
 49    with  a  disability  to benefit from other services including, but not limited
 50    to, Braille texts or sign language interpreters.
                                                                        
 51        SECTION 3.  That Section 16-1603, Idaho Code, be, and the same  is  hereby
 52    amended to read as follows:
                                                                        
 53        16-1603.  JURISDICTION  OF  THE  COURTS.  (1) Except as otherwise provided
                                                                        
                                           5
                                                                        
  1    herein, the court shall have exclusive original jurisdiction in  all  proceed-
  2    ings under this chapter concerning any child living or found within the state:
  3        (a)  Who  is  neglected,  abused  or abandoned by his parents, guardian or
  4        other legal custodian, or who is homeless; or
  5        (b)  Whose parents or other legal custodian fails or is unable to  provide
  6        a stable home environment.
  7        (2)  If the court has taken jurisdiction over a child under subsection (1)
  8    of  this section, it may take jurisdiction over another child living or having
  9    custodial visitation in the same household without the filing  of  a  separate
 10    petition if it finds all of the following:
 11        (a)  The other child is living or is found within the state;
 12        (b)  The  other  child has been exposed to or is at risk of being a victim
 13        of abuse, neglect or abandonment;
 14        (c)  The other child is listed in the petition or amended petition;
 15        (d)  The parents or legal guardians of the other child have notice as pro-
 16        vided in section 16-1606, Idaho Code.
                                                                        
 17        SECTION 4.  That Section 16-1608, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        16-1608.  ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
 20    When a petition has been filed, the court shall set an adjudicatory hearing to
 21    be held no later than thirty (30) days after the filing of the petition.
 22        (b)  A pretrial conference shall be held outside the presence of the court
 23    within  three (3) to five (5) days before the adjudicatory hearing. Investiga-
 24    tive reports required under section 16-1609, Idaho Code, shall be delivered to
 25    the court with copies to each of  the  parents  and  other  legal  custodians,
 26    guardian  ad  litem  and  attorney for the child prior to the date set for the
 27    pretrial conference.
 28        (c)  At the adjudicatory hearing, parents or guardians  with  disabilities
 29    shall  have  the  right  to introduce admissible evidence regarding how use of
 30    adaptive equipment or supportive services may enable the parent or guardian to
 31    carry out the responsibilities of parenting the child by addressing the reason
 32    for the removal of the child.
 33        (d)  If a preponderance of the evidence at the adjudicatory hearing  shows
 34    that  the  child comes within the court's jurisdiction under this chapter upon
 35    the grounds set forth in section 16-1603,  Idaho  Code,  the  court  shall  so
 36    decree  and  in its decree shall make a finding on the record of the facts and
 37    conclusions of law upon which it exercises jurisdiction over the child.
 38        (de)  Upon entering its decree the court shall  consider  any  information
 39    relevant to the disposition of the child but in any event shall:
 40        (1)  Place  the  child under protective supervision in his own home for an
 41        indeterminate period not to exceed the child's eighteenth birthday; or
 42        (2)  Vest legal custody in the department or other authorized agency  sub-
 43        ject  to  residual  parental rights and subject to full judicial review by
 44        the court of all matters relating to the  custody  of  the  child  by  the
 45        department or other authorized agency.
 46        (ef)  If  the  court vests legal custody in the department or other autho-
 47    rized agency, the court shall make detailed written findings based on facts in
 48    the record, that, in addition to the findings required in subsection  (cd)  of
 49    this  section,  continuation of residence in the home would be contrary to the
 50    welfare of the child and that vesting legal custody  with  the  department  or
 51    other  authorized agency would be in the best interests of the child. In addi-
 52    tion the court shall make detailed written findings  based  on  facts  in  the
 53    record  as  to  whether  the department made reasonable efforts to prevent the
                                                                        
                                           6
                                                                        
  1    placement of the child in foster care, including findings,  when  appropriate,
  2    that:
  3        (1)  Reasonable  efforts  were made but were not successful in eliminating
  4        the need for foster care placement of the child;
  5        (2)  Reasonable efforts were not made because of immediate danger  to  the
  6        child;
  7        (3)  Reasonable  efforts  to temporarily place the child with related per-
  8        sons were made but were not successful; or
  9        (4)  Reasonable efforts were not required as the parent had subjected  the
 10        child  to  aggravated  circumstances as determined by the court including,
 11        but not limited to: abandonment; torture;  chronic  abuse;  sexual  abuse;
 12        committed  murder;  committed  voluntary  manslaughter;  aided or abetted,
 13        attempted, conspired or solicited to commit such  a  murder  or  voluntary
 14        manslaughter;  committed  a  felony assault that results in serious bodily
 15        injury to any child of the parent; or the parental rights of the parent to
 16        a sibling have been terminated involuntarily and that as a result, a hear-
 17        ing to determine the permanent future plan for this  child  will  be  held
 18        within thirty (30) days of this determination;
 19        (5)  In  the  case  of  a parent or guardian with a disability, reasonable
 20        efforts include the consideration of adaptive equipment or supportive ser-
 21        vices that may enable the parent to remedy the reasons for removal of  the
 22        child;
 23        (6)  Where  it  is  determined that a parent or guardian with a disability
 24        needs the assistance of  adaptive  equipment  or  supportive  services  to
 25        remedy  the  reasons  for removal of the child, an appropriate eligibility
 26        determination or referral was made, as long as it does not:
 27             (i)   Put the child at risk of further abuse, neglect or abandonment;
 28             (ii)  Result in the  department  or  a  supportive  service  provider
 29             assuming the role of a surrogate parent; or
 30             (iii) Result  in the violation of permanency planning requirements of
 31             section 16-1611, Idaho Code; or
 32        (7)  In the case of a parent or guardian with a disability,  any  adaptive
 33        equipment  or  supportive  services  identified as needed must be directly
 34        related to the ability of the parent or guardian to remedy the  identified
 35        reasons for the removal of the child.
 36        (fg)  A  decree  vesting  legal custody in the department shall be binding
 37    upon the department and may continue until the  child's  eighteenth  birthday.
 38    The  decree  shall state that the department shall prepare a written case plan
 39    within thirty (30) days of placement.
 40        (gh)  A decree vesting legal custody in an authorized  agency  other  than
 41    the  department  shall be for a period of time not to exceed the child's eigh-
 42    teenth  birthday, and on such other terms as the  court  shall  state  in  its
 43    decree  to  be in the best interests of the child and which the court finds to
 44    be acceptable to such authorized agency.
 45        (hi)  In order to preserve the unity of the family system  and  to  ensure
 46    the  best interests of the child whether issuing an order of protective super-
 47    vision or an order of  legal custody, the court may consider extending or ini-
 48    tiating a protective order as part of the decree. The protective  order  shall
 49    be determined as in the best interests of the child and upon a showing of con-
 50    tinuing  danger to the child. The conditions and terms of the protective order
 51    shall be clearly stated in the decree.
 52        (ij)  If the court does not find that the child comes within the jurisdic-
 53    tion of this chapter pursuant to subsection (cd) of this section it shall dis-
 54    miss the petition.
                                                                        
                                           7
                                                                        
  1        SECTION 5.  That Section 16-1609, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        16-1609.  INVESTIGATION.  (a)  Where the court has ordered an adjudicatory
  4    hearing after the shelter care hearing or when a petition is otherwise  filed,
  5    the  court  may  order  the department to investigate the circumstances of the
  6    child and his family and report to the court.
  7        (b)  The report shall be delivered to the court with copies to each of the
  8    parents or other legal custodian prior to  the  pretrial  conference  for  the
  9    adjudicatory  hearing. If delivered by mail the report must be received by the
 10    court prior to the pretrial  conference  for  the  adjudicatory  hearing.  The
 11    report shall contain a social evaluation of the child and the parents or other
 12    legal  custodian and such other information as the court shall require. In the
 13    case of parents or guardians with disabilities, the report shall also  contain
 14    an  evaluation of the need of the parent or guardian for adaptive equipment or
 15    supportive services as defined in  section  16-1602,  Idaho  Code,  which  may
 16    remedy the reasons for removal of the child.
 17        (c)  The  report  shall  not  be  considered  by the court for purposes of
 18    determining whether the child comes within the jurisdiction of  the  act.  The
 19    report  may  be  admitted  into evidence at the adjudicatory hearing for other
 20    purposes.
 21        (d)  If the court declines to order the department to investigate pursuant
 22    to subsection (a) of this section, the court shall state the  reasons  for  so
 23    declining in the record.
                                                                        
 24        SECTION  6.  That Section 16-1609A, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        16-1609A.  INVESTIGATION BY MULTIDISCIPLINARY TEAMS.  (1)  By  January  1,
 27    1997,  the  prosecuting  attorney  in each county shall be responsible for the
 28    development of an interagency multidisciplinary team or teams  for  investiga-
 29    tion  of child abuse and neglect referrals within each county. The teams shall
 30    consist of, but not be limited to, law enforcement  personnel,  department  of
 31    health and welfare child protection risk assessment staff, a representative of
 32    the prosecuting attorney's office, and any other person deemed to be necessary
 33    due  to  his  special training in child abuse investigation. Other persons may
 34    participate in investigation of particular cases at the invitation of the team
 35    and as determined necessary, such as medical personnel, school officials, men-
 36    tal  health  workers,  personnel  from  domestic  violence  programs,  persons
 37    knowledgeable about adaptive equipment and supportive services for parents  or
 38    guardians with disabilities or the guardian ad litem program.
 39        (2)  The teams shall develop a written protocol for investigation of child
 40    abuse  cases  and  for  interviewing alleged victims of such abuse or neglect,
 41    including protocols for investigations involving a family member with  a  dis-
 42    ability. Each team shall develop written agreements signed by member agencies,
 43    specifying  the role of each agency, procedures to be followed to assess risks
 44    to the child and criteria and procedures to be followed to  ensure  the  child
 45    victim's safety including removal of the alleged offender.
 46        (3)  Each  team  member  shall  be trained in risk assessment, dynamics of
 47    child abuse and interviewing and investigatory techniques.
 48        (4)  Each team shall classify, assess and review a  representative  selec-
 49    tion of cases referred to either the department or to law enforcement entities
 50    for investigation of child abuse or neglect.
 51        (5)  Each  multidisciplinary  team shall develop policies that provide for
 52    an independent review of investigation procedures utilized in cases upon  com-
                                                                        
                                           8
                                                                        
  1    pletion  of  any  court  actions  on those cases. The procedures shall include
  2    independent citizen input. Nonoffending parents of child abuse  victims  shall
  3    be notified of the review procedure.
  4        (6)  Prosecuting  attorneys  of  the  various  counties may determine that
  5    multidisciplinary teams may be most effectively established through the use of
  6    joint exercise of powers agreements among more than one (1)  county  and  such
  7    agreements are hereby authorized.
  8        (7)  Lack  of review by a multidisciplinary team of a particular case does
  9    not defeat the jurisdiction of the court.
                                                                        
 10        SECTION 7.  That Section 16-1610, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        16-1610.  PLANNING  HEARING.  (a)  The  department shall prepare a written
 13    case plan. The case plan shall be filed with the court  no  later  than  sixty
 14    (60)  days  from  the  date the child was removed from the home or thirty (30)
 15    days after the adjudicatory hearing, whichever occurs  first.  Copies  of  the
 16    case  plan  shall  be  delivered to the parents and other legal guardians, the
 17    guardian ad litem and attorney for the child. Within five (5) days  of  filing
 18    the  plan,  the  court  shall  hold a planning hearing to determine whether to
 19    adopt, reject or modify the case plan proposed by the department.
 20        (b)  Notice of the planning hearing shall  be  provided  to  the  parents,
 21    legal  guardians,  guardians ad litem and foster parents. Although foster par-
 22    ents are provided notice of this hearing, they are not parties  to  the  child
 23    protective act action.
 24        (c)  The case plan shall set forth reasonable efforts, as required by sec-
 25    tion  16-1608(f),  Idaho  Code,  including those efforts related to the use of
 26    adaptive equipment and supportive services for parents and guardians with dis-
 27    abilities, which will be made to make it possible for the child to  return  to
 28    his  home  and  shall  concurrently  include  a  plan setting forth reasonable
 29    efforts to place the child for adoption with a legal guardian  or  in  another
 30    approved  permanent  placement.  Whenever possible, the child's connections to
 31    the community, including individuals with a significant  relationship  to  the
 32    child,  religious  organizations  and community activities, will be maintained
 33    through the transition. The plan shall state with specificity the role of  the
 34    department  toward each parent and shall be for an indeterminate period not to
 35    exceed the child's eighteenth birthday.
 36        (d)  The case plan, as approved by the court, shall be  entered  into  the
 37    record  as  an  order  of the court. In the absence of a finding of aggravated
 38    circumstances as provided for  in  section  16-1608(ef)(4),  Idaho  Code,  the
 39    court's  order  shall provide that reasonable efforts shall be made to reunify
 40    the family in a timely manner in accordance with  the  case  plan  or  in  the
 41    alternative  to  complete the steps necessary to finalize the permanent place-
 42    ment of the child.
                                                                        
 43        SECTION 8.  That Section 16-1615, Idaho Code, be, and the same  is  hereby
 44    amended to read as follows:
                                                                        
 45        16-1615.  TERMINATION  OF PARENT-CHILD RELATIONSHIP. If the child has been
 46    placed in the legal custody of the department or under its protective supervi-
 47    sion pursuant to section 16-1608, Idaho Code, the department may petition  the
 48    court  for termination of the parent and child relationship in accordance with
 49    chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
 50    not be in the best interest of the child, the department shall be required  to
 51    file a petition to terminate parental rights within sixty (60) days of a judi-
                                                                        
                                           9
                                                                        
  1    cial  determination  that  an  infant  has  been  abandoned or that reasonable
  2    efforts, as defined in section  16-1608(ef),  Idaho  Code,  are  not  required
  3    because the court determines the parent has been convicted of murder or volun-
  4    tary  manslaughter  of  another  sibling  of  the child or has aided, abetted,
  5    attempted, conspired or solicited to commit  such  murder  or  voluntary  man-
  6    slaughter  and/or  if  the court determines the parent has been convicted of a
  7    felony assault or battery which resulted in serious bodily injury to the child
  8    or a sibling. The department shall join as a party to the petition if  such  a
  9    petition  to  terminate  is filed by another party; as well as to concurrently
 10    identify, recruit, process and approve a qualified family for adoption  unless
 11    it  is  determined  that such actions would not be in the best interest of the
 12    child, or the child is placed with a  relative.  If  termination  of  parental
 13    rights is granted and the child is placed in the guardianship or legal custody
 14    of  the  department of health and welfare the court, upon petition, shall con-
 15    duct a hearing as to the future status of the child within twelve (12)  months
 16    of  the  order of termination of parental rights, and every twelve (12) months
 17    subsequently until the child is adopted or is in a placement sanctioned by the
 18    court. A petition to terminate parental rights shall be filed as a  motion  in
 19    the existing child protective action.

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 AMENDMENTS TO H.B. NO. 167
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line  33,  delete  "In  cases  involv-",
  3    delete  lines  34  through 37, and in line 38, delete "edge in the use of such
  4    equipment and services.".
                                                                        
  5                               AMENDMENTS TO SECTION 2
  6        On page 4, in line 12, delete "unable failing" and insert:  "unable";  and
  7    in line 15, delete "failure" and insert: "inability".
                                                                        
  8                               AMENDMENTS TO SECTION 4
  9        On page 6, in line 8, delete "or" and insert: "or"; in line 18, delete ";"
 10    and insert: "."; and delete lines 19 through 35.
                                                                        
 11                               AMENDMENTS TO SECTION 7
 12        On page 8, in line 24, delete ", as required by sec-"; delete lines 25 and
 13    26, and in line 27, delete "abilities,".
                                                                        
 14                                AMENDMENTS TO THE BILL
 15        On  page  7, delete lines 1 through 23; and in line 24, delete "SECTION 6"
 16    and insert: "SECTION 5"; and on page 8, in line 10,  delete  "SECTION  7"  and
 17    insert:  "SECTION  6"; and in line 43, delete "SECTION 8" and insert: "SECTION
 18    7".
                                                                        
 19                                 CORRECTIONS TO TITLE
 20        On page 1, in line 3, delete "FOR CASES INVOLVING" and insert: "THAT  DES-
 21    IGNATED PROVISIONS SHALL NOT BE CONSTRUED TO ALLOW DISCRIMINATION ON THE BASIS
 22    OF"; in line 7, delete ", TO REVISE REQUIREMENTS"; in line 8, delete "RELATING
 23    TO  WRITTEN  FINDINGS  OF  THE  COURT";  in  line  9, delete "AMENDING SECTION
 24    16-1609, IDAHO CODE, TO REVISE CERTAIN REPORTING", delete line 10, in line 11,
 25    delete "REPRESENTATIVES;"; in line 15, delete "TO  REVISE  REQUIRE-",  and  in
 26    line 16, delete "MENTS RELATING TO CASE PLANS AND".

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. 167, As Amended
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
  3        PROVIDE THAT DESIGNATED PROVISIONS SHALL NOT BE CONSTRUED  TO  ALLOW  DIS-
  4        CRIMINATION  ON THE BASIS OF DISABILITY AND TO MAKE TECHNICAL CORRECTIONS;
  5        AMENDING SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SEC-
  6        TION 16-1603, IDAHO CODE, TO REVISE JURISDICTIONAL CRITERIA; AMENDING SEC-
  7        TION 16-1608, IDAHO CODE, TO PROVIDE FOR THE INTRODUCTION OF CERTAIN  EVI-
  8        DENCE  BY  PARENTS  OR  GUARDIANS WITH DISABILITIES AND TO PROVIDE CORRECT
  9        CODE REFERENCES; AMENDING SECTION 16-1609A, IDAHO CODE,  TO  PROVIDE  THAT
 10        PERSONS KNOWLEDGEABLE ABOUT ADAPTIVE EQUIPMENT AND SUPPORTIVE SERVICES FOR
 11        PARENTS OR GUARDIANS WITH DISABILITIES MAY PARTICIPATE IN CERTAIN INVESTI-
 12        GATIONS AND TO REVISE WRITTEN PROTOCOL CRITERIA FOR CERTAIN INVESTIGATIONS
 13        AND INTERVIEWS; AMENDING SECTION 16-1610, IDAHO CODE, TO PROVIDE A CORRECT
 14        CODE  REFERENCE;  AND  AMENDING  SECTION 16-1615, IDAHO CODE, TO PROVIDE A
 15        CORRECT CODE REFERENCE.
                                                                        
 16    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 17        SECTION 1.  That Section 16-1601, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        16-1601.  POLICY.  The  policy of the state of Idaho is hereby declared to
 20    be the establishment of a legal framework conducive to the judicial processing
 21    including periodic review of child abuse, abandonment and neglect  cases,  and
 22    the protection of any children whose life, health or welfare is endangered. At
 23    all  times  the  health  and safety of the child shall be the primary concern.
 24    Each child coming within the purview of this chapter shall receive, preferably
 25    in his own home, the care, guidance and control that will promote his  welfare
 26    and  the  best  interest  of the state of Idaho, and if he is removed from the
 27    control of one (1) or more of his parents, guardian or  other  custodian,  the
 28    state shall secure adequate care for him; provided, however, that the state of
 29    Idaho  shall,  to  the  fullest  extent  possible,  seek to preserve, protect,
 30    enhance and reunite the family relationship. Nothing in this chapter shall  be
 31    construed  to  allow  discrimination  on the basis of disability. This chapter
 32    seeks to coordinate efforts by state and local public agencies, in cooperation
 33    with private agencies and organizations, citizens' groups, and concerned indi-
 34    viduals, to:
 35        (1)  Preserve the privacy and unity of the family whenever possible;
 36        (2)  Take such actions as may be necessary and  feasible  to  prevent  the
 37    abuse, neglect, abandonment or homelessness of children;
 38        (3)  Take  such actions as may be necessary to provide the child with per-
 39    manency including concurrent planning;
 40        (4)  Clarify for the purposes of this act the rights and  responsibilities
 41    of parents with joint legal or joint physical custody of children at risk.
                                                                        
 42        SECTION  2.  That  Section 16-1602, Idaho Code, be, and the same is hereby
                                                                        
                                           2
                                                                        
  1    amended to read as follows:
                                                                        
  2        16-1602.  DEFINITIONS. For purposes of this chapter:
  3        (1)  "Abused" means any case in which a child has been the victim of:
  4        (a)  Conduct or omission resulting in skin bruising,  bleeding,  malnutri-
  5        tion,  burns,  fracture of any bone, subdural hematoma, soft tissue swell-
  6        ing, failure to thrive or death, and such condition or death is not justi-
  7        fiably explained, or where the history given concerning such condition  or
  8        death  is  at variance with the degree or type of such condition or death,
  9        or the circumstances indicate that such condition or death may not be  the
 10        product of an accidental occurrence; or
 11        (b)  Sexual  conduct,  including  rape, molestation, incest, prostitution,
 12        obscene or pornographic photographing, filming or depiction for commercial
 13        purposes, or other similar forms of sexual exploitation harming or threat-
 14        ening the child's health or welfare or mental injury to the child.
 15        (2)  "Abandoned" means the failure of the  parent  to  maintain  a  normal
 16    parental relationship with his child including, but not limited to, reasonable
 17    support  or  regular  personal  contact. Failure to maintain this relationship
 18    without just cause for a period of one (1) year shall constitute  prima  facie
 19    evidence of abandonment.
 20        (3)  "Adaptive equipment" means any piece of equipment or any item that is
 21    used  to  increase, maintain or improve the parenting capabilities of a parent
 22    with a disability.
 23        (4)  "Adjudicatory hearing" means a hearing to determine:
 24        (a)  Whether the child comes under the jurisdiction of the court  pursuant
 25        to the provisions of this chapter;
 26        (b)  Whether  continuation  of  the child in the home would be contrary to
 27        the child's welfare and whether the best interests of  the  child  require
 28        protective  supervision or vesting legal custody of the child in an autho-
 29        rized agency;
 30        (c)  Whether aggravated circumstances as defined in section 16-1608, Idaho
 31        Code, exist.
 32        (45)  "Authorized agency" means the department, a local agency, a  person,
 33    an  organization,  corporation,  benevolent society or association licensed or
 34    approved by the department or the court to receive children for control, care,
 35    maintenance or placement.
 36        (56)  "Child" means an individual who is under the age  of  eighteen  (18)
 37    years.
 38        (67)  "Child  advocate  coordinator"  means  a  person or entity receiving
 39    moneys from the grant administrator for the purpose of carrying out any of the
 40    duties as set forth in section 16-1630, Idaho Code.
 41        (78)  "Circumstances of the child" includes, but is not  limited  to,  the
 42    joint legal custody or joint physical custody of the child.
 43        (89)  "Commit" means to transfer legal and physical custody.
 44        (910) "Concurrent  planning"  means a planning model that prepares for and
 45    implements different outcomes at the same time.
 46        (101) "Court" means district court or magistrate's division thereof, or if
 47    the context requires, a magistrate or judge thereof.
 48        (112) "Custodian" means a person, other than a parent or legal   guardian,
 49    to  whom  legal  or  joint  legal custody of the child has been given by court
 50    order or who is acting in loco parentis.
 51        (123) "Department" means the department of  health  and  welfare  and  its
 52    authorized representatives.
 53        (14) "Disability"  means,  with  respect  to  an individual, any mental or
 54    physical impairment which substantially limits one  (1)  or  more  major  life
                                                                        
                                           3
                                                                        
  1    activity  of  the  individual including, but not limited to, self-care, manual
  2    tasks, walking, seeing, hearing, speaking, learning or working, or a record of
  3    such an impairment, or being regarded as having such an impairment. Disability
  4    shall not include  transvestism,  transsexualism,  pedophilia,  exhibitionism,
  5    voyeurism,  other  sexual behavior disorders, or substance use disorders, com-
  6    pulsive gambling, kleptomania or pyromania. Sexual preference  or  orientation
  7    is  not considered an impairment or disability. Whether an impairment substan-
  8    tially limits a major life activity shall be determined without  consideration
  9    of  the effect of corrective or mitigating measures used to reduce the effects
 10    of the impairment.
 11        (135) "Family or household member" shall have the same meaning as in  sec-
 12    tion 39-6303(3), Idaho Code.
 13        (146) "Foster  care" means twenty-four (24) hour substitute care for chil-
 14    dren placed away from their parents or guardians and for whom the state agency
 15    has placement and care responsibility.
 16        (157) "Grant administrator" means any such organization or agency  as  may
 17    be  designated by the supreme court from time to time to administer funds from
 18    the guardian ad litem account in accordance with the provisions of this  chap-
 19    ter.
 20        (168) "Guardian  ad  litem" means a person appointed by the court pursuant
 21    to a guardian ad litem volunteer program to act  as  special  advocate  for  a
 22    child under this chapter.
 23        (179) "Guardian  ad litem program" means the program to recruit, train and
 24    coordinate volunteer persons to  serve  as  guardians  ad  litem  for  abused,
 25    neglected or abandoned children.
 26        (20) "Homeless,"  as  used  in  this chapter, shall mean that the child is
 27    without adequate shelter or other living facilities,  and  the  lack  of  such
 28    shelter  or  other  living  facilities poses a threat to the health, safety or
 29    well-being of the child.
 30        (1821) "Law enforcement agency" means a city police department, the prose-
 31    cuting attorney of any county, state law enforcement officers, or  the  office
 32    of a sheriff of any county.
 33        (1922) "Legal custody" means a relationship created by order of the court,
 34    which vests in a custodian the following duties and rights:
 35        (a)  To  have  physical custody and control of the child, and to determine
 36        where and with whom the child shall live.
 37        (b)  To supply the child  with  food,  clothing,  shelter  and  incidental
 38        necessities.
 39        (c)  To provide the child with care, education and discipline.
 40        (d)  To authorize ordinary medical, dental, psychiatric, psychological, or
 41        other remedial care and treatment for the child, including care and treat-
 42        ment  in a facility with a program of services for children; and to autho-
 43        rize surgery if the surgery is deemed by two (2)  physicians  licensed  to
 44        practice in this state to be necessary for the child.
 45        (e)  Where  the  parents  share legal custody, the custodian may be vested
 46        with the custody previously held by either or both parents.
 47        (203) "Mental injury" means a substantial impairment in  the  intellectual
 48    or  psychological ability of a child to function within a normal range of per-
 49    formance and/or behavior, for short or long terms.
 50        (214) "Neglected" means a child:
 51        (a)  Who is without proper parental care and control, or subsistence, edu-
 52        cation, medical or other care or  control  necessary  for  his  well-being
 53        because  of the conduct or omission of his parents, guardian or other cus-
 54        todian or their neglect or refusal to provide them; provided, however,  no
 55        child whose parent or guardian chooses for such child treatment by prayers
                                                                        
                                           4
                                                                        
  1        through  spiritual  means  alone  in  lieu  of medical treatment, shall be
  2        deemed for that reason alone to be neglected or lack parental care  neces-
  3        sary  for  his health and well-being, but further provided this subsection
  4        shall not prevent the court from acting pursuant to section 16-1616, Idaho
  5        Code; or
  6        (b)  Whose parents, guardian or other custodian are  unable  to  discharge
  7        their responsibilities to and for the child because of incarceration, hos-
  8        pitalization,  or  other physical or mental incapacity and, as a result of
  9        such inability, the child  lacks  the  parental  care  necessary  for  his
 10        health, safety or well-being; or
 11        (c)  Who has been placed for care or adoption in violation of law.
 12        (225) "Permanency  hearing"  means a hearing to review, approve, reject or
 13    modify the permanency plan of the department, and review reasonable efforts in
 14    accomplishing the permanency plan.
 15        (236) "Permanency plan" means a plan for a continuous residence and  main-
 16    tenance of nurturing relationships during the child's minority.
 17        (247) "Planning hearing" means a hearing to:
 18        (a)  Review, approve, modify or reject the case plan; and
 19        (b)  Review reasonable efforts being made to rehabilitate the family; and
 20        (c)  Review  reasonable  efforts being made to reunify the children with a
 21        parent or guardian.
 22        (258) "Protective order" means an order  created  by  the  court  granting
 23    relief as delineated in section 39-6306, Idaho Code, and shall be for a period
 24    not to exceed three (3) months unless otherwise stated herein. Failure to com-
 25    ply with the order shall be a misdemeanor.
 26        (269) "Protective supervision" means a legal status created by court order
 27    in  neglect  and  abuse  cases whereby the child is permitted to remain in his
 28    home under supervision by the department.
 29        (2730) "Residual parental rights and responsibilities" means those  rights
 30    and  responsibilities  remaining  with the parents after the transfer of legal
 31    custody including, but not necessarily limited to, the  right  of  visitation,
 32    the  right  to  consent to adoption, the right to determine religious affilia-
 33    tion, the right to family counseling when beneficial, and  the  responsibility
 34    for support.
 35        (2831) "Shelter care" means places designated by the department for tempo-
 36    rary care of children pending court disposition or placement.
 37        (32) "Supportive  services,"  as used in this chapter, shall mean services
 38    which assist parents with a disability to  compensate  for  those  aspects  of
 39    their  disability which affect their ability to care for their child and which
 40    will enable them  to  discharge  their  parental  responsibilities.  The  term
 41    includes  specialized  or  adapted  training,  evaluations  or assistance with
 42    effectively using adaptive equipment and accommodations  which  allow  parents
 43    with  a  disability  to benefit from other services including, but not limited
 44    to, Braille texts or sign language interpreters.
                                                                        
 45        SECTION 3.  That Section 16-1603, Idaho Code, be, and the same  is  hereby
 46    amended to read as follows:
                                                                        
 47        16-1603.  JURISDICTION  OF  THE  COURTS.  (1) Except as otherwise provided
 48    herein, the court shall have exclusive original jurisdiction in  all  proceed-
 49    ings under this chapter concerning any child living or found within the state:
 50        (a)  Who  is  neglected,  abused  or abandoned by his parents, guardian or
 51        other legal custodian, or who is homeless; or
 52        (b)  Whose parents or other legal custodian fails or is unable to  provide
 53        a stable home environment.
                                                                        
                                           5
                                                                        
  1        (2)  If the court has taken jurisdiction over a child under subsection (1)
  2    of  this section, it may take jurisdiction over another child living or having
  3    custodial visitation in the same household without the filing  of  a  separate
  4    petition if it finds all of the following:
  5        (a)  The other child is living or is found within the state;
  6        (b)  The  other  child has been exposed to or is at risk of being a victim
  7        of abuse, neglect or abandonment;
  8        (c)  The other child is listed in the petition or amended petition;
  9        (d)  The parents or legal guardians of the other child have notice as pro-
 10        vided in section 16-1606, Idaho Code.
                                                                        
 11        SECTION 4.  That Section 16-1608, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        16-1608.  ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
 14    When a petition has been filed, the court shall set an adjudicatory hearing to
 15    be held no later than thirty (30) days after the filing of the petition.
 16        (b)  A pretrial conference shall be held outside the presence of the court
 17    within  three (3) to five (5) days before the adjudicatory hearing. Investiga-
 18    tive reports required under section 16-1609, Idaho Code, shall be delivered to
 19    the court with copies to each of  the  parents  and  other  legal  custodians,
 20    guardian  ad  litem  and  attorney for the child prior to the date set for the
 21    pretrial conference.
 22        (c)  At the adjudicatory hearing, parents or guardians  with  disabilities
 23    shall  have  the  right  to introduce admissible evidence regarding how use of
 24    adaptive equipment or supportive services may enable the parent or guardian to
 25    carry out the responsibilities of parenting the child by addressing the reason
 26    for the removal of the child.
 27        (d)  If a preponderance of the evidence at the adjudicatory hearing  shows
 28    that  the  child comes within the court's jurisdiction under this chapter upon
 29    the grounds set forth in section 16-1603,  Idaho  Code,  the  court  shall  so
 30    decree  and  in its decree shall make a finding on the record of the facts and
 31    conclusions of law upon which it exercises jurisdiction over the child.
 32        (de)  Upon entering its decree the court shall  consider  any  information
 33    relevant to the disposition of the child but in any event shall:
 34        (1)  Place  the  child under protective supervision in his own home for an
 35        indeterminate period not to exceed the child's eighteenth birthday; or
 36        (2)  Vest legal custody in the department or other authorized agency  sub-
 37        ject  to  residual  parental rights and subject to full judicial review by
 38        the court of all matters relating to the  custody  of  the  child  by  the
 39        department or other authorized agency.
 40        (ef)  If  the  court vests legal custody in the department or other autho-
 41    rized agency, the court shall make detailed written findings based on facts in
 42    the record, that, in addition to the findings required in subsection  (cd)  of
 43    this  section,  continuation of residence in the home would be contrary to the
 44    welfare of the child and that vesting legal custody  with  the  department  or
 45    other  authorized agency would be in the best interests of the child. In addi-
 46    tion the court shall make detailed written findings  based  on  facts  in  the
 47    record  as  to  whether  the department made reasonable efforts to prevent the
 48    placement of the child in foster care, including findings,  when  appropriate,
 49    that:
 50        (1)  Reasonable  efforts  were made but were not successful in eliminating
 51        the need for foster care placement of the child;
 52        (2)  Reasonable efforts were not made because of immediate danger  to  the
 53        child;
                                                                        
                                           6
                                                                        
  1        (3)  Reasonable  efforts  to temporarily place the child with related per-
  2        sons were made but were not successful; or
  3        (4)  Reasonable efforts were not required as the parent had subjected  the
  4        child  to  aggravated  circumstances as determined by the court including,
  5        but not limited to: abandonment; torture;  chronic  abuse;  sexual  abuse;
  6        committed  murder;  committed  voluntary  manslaughter;  aided or abetted,
  7        attempted, conspired or solicited to commit such  a  murder  or  voluntary
  8        manslaughter;  committed  a  felony assault that results in serious bodily
  9        injury to any child of the parent; or the parental rights of the parent to
 10        a sibling have been terminated involuntarily and that as a result, a hear-
 11        ing to determine the permanent future plan for this  child  will  be  held
 12        within thirty (30) days of this determination.
 13        (fg)  A  decree  vesting  legal custody in the department shall be binding
 14    upon the department and may continue until the  child's  eighteenth  birthday.
 15    The  decree  shall state that the department shall prepare a written case plan
 16    within thirty (30) days of placement.
 17        (gh)  A decree vesting legal custody in an authorized  agency  other  than
 18    the  department  shall be for a period of time not to exceed the child's eigh-
 19    teenth  birthday, and on such other terms as the  court  shall  state  in  its
 20    decree  to  be in the best interests of the child and which the court finds to
 21    be acceptable to such authorized agency.
 22        (hi)  In order to preserve the unity of the family system  and  to  ensure
 23    the  best interests of the child whether issuing an order of protective super-
 24    vision or an order of  legal custody, the court may consider extending or ini-
 25    tiating a protective order as part of the decree. The protective  order  shall
 26    be determined as in the best interests of the child and upon a showing of con-
 27    tinuing  danger to the child. The conditions and terms of the protective order
 28    shall be clearly stated in the decree.
 29        (ij)  If the court does not find that the child comes within the jurisdic-
 30    tion of this chapter pursuant to subsection (cd) of this section it shall dis-
 31    miss the petition.
                                                                        
 32        SECTION 5.  That Section 16-1609A, Idaho Code, be, and the same is  hereby
 33    amended to read as follows:
                                                                        
 34        16-1609A.  INVESTIGATION  BY  MULTIDISCIPLINARY  TEAMS.  (1) By January 1,
 35    1997, the prosecuting attorney in each county shall  be  responsible  for  the
 36    development  of  an interagency multidisciplinary team or teams for investiga-
 37    tion of child abuse and neglect referrals within each county. The teams  shall
 38    consist  of,  but  not be limited to, law enforcement personnel, department of
 39    health and welfare child protection risk assessment staff, a representative of
 40    the prosecuting attorney's office, and any other person deemed to be necessary
 41    due to his special training in child abuse investigation.  Other  persons  may
 42    participate in investigation of particular cases at the invitation of the team
 43    and as determined necessary, such as medical personnel, school officials, men-
 44    tal  health  workers,  personnel  from  domestic  violence  programs,  persons
 45    knowledgeable  about adaptive equipment and supportive services for parents or
 46    guardians with disabilities or the guardian ad litem program.
 47        (2)  The teams shall develop a written protocol for investigation of child
 48    abuse cases and for interviewing alleged victims of  such  abuse  or  neglect,
 49    including  protocols  for investigations involving a family member with a dis-
 50    ability. Each team shall develop written agreements signed by member agencies,
 51    specifying the role of each agency, procedures to be followed to assess  risks
 52    to  the  child  and criteria and procedures to be followed to ensure the child
 53    victim's safety including removal of the alleged offender.
                                                                        
                                           7
                                                                        
  1        (3)  Each team member shall be trained in  risk  assessment,  dynamics  of
  2    child abuse and interviewing and investigatory techniques.
  3        (4)  Each  team  shall classify, assess and review a representative selec-
  4    tion of cases referred to either the department or to law enforcement entities
  5    for investigation of child abuse or neglect.
  6        (5)  Each multidisciplinary team shall develop policies that  provide  for
  7    an  independent review of investigation procedures utilized in cases upon com-
  8    pletion of any court actions on those  cases.  The  procedures  shall  include
  9    independent  citizen  input. Nonoffending parents of child abuse victims shall
 10    be notified of the review procedure.
 11        (6)  Prosecuting attorneys of the  various  counties  may  determine  that
 12    multidisciplinary teams may be most effectively established through the use of
 13    joint  exercise  of  powers agreements among more than one (1) county and such
 14    agreements are hereby authorized.
 15        (7)  Lack of review by a multidisciplinary team of a particular case  does
 16    not defeat the jurisdiction of the court.
                                                                        
 17        SECTION  6.  That  Section 16-1610, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        16-1610.  PLANNING HEARING. (a) The department  shall  prepare  a  written
 20    case  plan.  The  case  plan shall be filed with the court no later than sixty
 21    (60) days from the date the child was removed from the  home  or  thirty  (30)
 22    days  after  the  adjudicatory  hearing, whichever occurs first. Copies of the
 23    case plan shall be delivered to the parents and  other  legal  guardians,  the
 24    guardian  ad  litem and attorney for the child. Within five (5) days of filing
 25    the plan, the court shall hold a planning  hearing  to  determine  whether  to
 26    adopt, reject or modify the case plan proposed by the department.
 27        (b)  Notice  of  the  planning  hearing  shall be provided to the parents,
 28    legal guardians, guardians ad litem and foster parents. Although  foster  par-
 29    ents  are  provided  notice of this hearing, they are not parties to the child
 30    protective act action.
 31        (c)  The case plan shall set forth reasonable efforts which will  be  made
 32    to make it possible for the child to return to his home and shall concurrently
 33    include  a  plan setting forth reasonable efforts to place the child for adop-
 34    tion with a legal guardian or in another approved permanent  placement.  When-
 35    ever possible, the child's connections to the community, including individuals
 36    with a significant relationship to the child, religious organizations and com-
 37    munity  activities,  will be maintained through the transition. The plan shall
 38    state with specificity the role of the department toward each parent and shall
 39    be for an indeterminate period not to exceed the child's eighteenth birthday.
 40        (d)  The case plan, as approved by the court, shall be  entered  into  the
 41    record  as  an  order  of the court. In the absence of a finding of aggravated
 42    circumstances as provided for  in  section  16-1608(ef)(4),  Idaho  Code,  the
 43    court's  order  shall provide that reasonable efforts shall be made to reunify
 44    the family in a timely manner in accordance with  the  case  plan  or  in  the
 45    alternative  to  complete the steps necessary to finalize the permanent place-
 46    ment of the child.
                                                                        
 47        SECTION 7.  That Section 16-1615, Idaho Code, be, and the same  is  hereby
 48    amended to read as follows:
                                                                        
 49        16-1615.  TERMINATION  OF PARENT-CHILD RELATIONSHIP. If the child has been
 50    placed in the legal custody of the department or under its protective supervi-
 51    sion pursuant to section 16-1608, Idaho Code, the department may petition  the
                                                                        
                                           8
                                                                        
  1    court  for termination of the parent and child relationship in accordance with
  2    chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
  3    not be in the best interest of the child, the department shall be required  to
  4    file a petition to terminate parental rights within sixty (60) days of a judi-
  5    cial  determination  that  an  infant  has  been  abandoned or that reasonable
  6    efforts, as defined in section  16-1608(ef),  Idaho  Code,  are  not  required
  7    because the court determines the parent has been convicted of murder or volun-
  8    tary  manslaughter  of  another  sibling  of  the child or has aided, abetted,
  9    attempted, conspired or solicited to commit  such  murder  or  voluntary  man-
 10    slaughter  and/or  if  the court determines the parent has been convicted of a
 11    felony assault or battery which resulted in serious bodily injury to the child
 12    or a sibling. The department shall join as a party to the petition if  such  a
 13    petition  to  terminate  is filed by another party; as well as to concurrently
 14    identify, recruit, process and approve a qualified family for adoption  unless
 15    it  is  determined  that such actions would not be in the best interest of the
 16    child, or the child is placed with a  relative.  If  termination  of  parental
 17    rights is granted and the child is placed in the guardianship or legal custody
 18    of  the  department of health and welfare the court, upon petition, shall con-
 19    duct a hearing as to the future status of the child within twelve (12)  months
 20    of  the  order of termination of parental rights, and every twelve (12) months
 21    subsequently until the child is adopted or is in a placement sanctioned by the
 22    court. A petition to terminate parental rights shall be filed as a  motion  in
 23    the existing child protective action.

Statement of Purpose / Fiscal Impact


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                          STATEMENT OF PURPOSE
                               RS 12734C1
Families in which one or both parents have a disability face significant
barriers as they attempt to raise their children. These barriers include:
1) attitudinal barriers, 2) lack of information about parenting
adaptations, 3) lack of funding for adaptive technology, 4) exclusion from
public policy considerations, and 5) lack of disability expertise in
service systems.
Idaho child protection laws, as currently written, reflect the historical
bias against parents with disabilities and present an unrealistic view of
the disability community by their constant referral to having a disability
as a factor in a parent s ability to raise their children. Such references
imply that parents with disabilities are incapable of properly caring for
their children. It is seldom a person's disability that inhibits a person
s capacity to provide a stable and loving home for children, rather it is
a lack of disability related supports for a parent with a disability that
results in an unstable home
environment.
Many parents with significant disabilities provide excellent care and
stable homes for their children with the assistance of family, friends and
neighbors. Factors that should be considered in child protection cases
include abuse, neglect, abandonment, etc., regardless of whether the parent
has a disability. This legislation: 1) removes from current law any
inappropriate disability language and 2) builds into current law
protections against discriminatory actions because of a parents disability
in child protection legal proceedings. 
Based on information provided by Through the Looking Glass, a National
Resource Center for Parents with Disabilities, there are over 8.1 million
U.S. families, or 10.9 percent of families with children, in which one or
both parents have a disability. Based on these figures, the proposed
legislation will have a positive impact on an estimated 14,750 Idaho
families.


                              FISCAL IMPACT
NONE


Contact
Name:    Kelly Buckland, State Independent Living Council
Phone:   334-3800






STATEMENT OF PURPOSE/FISCAL IMPACT                              H 167