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H0835.....................................................by WAYS AND MEANS
CHILD PROTECTION - Amends Section 16-1610, as amended by Senate Bill 1437
of the Second Regular Session of the Fifty-fourth Idaho Legislature, to
correct typographical errors.
03/18 House intro - 1st rdg - to printing
03/19 Rpt prt - to 2nd rdg
03/20 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13),
Field(20), Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(9), Jones(22), Jones(20), Kellogg, Kendell, Kjellander,
Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Judd, Kempton, Linford, Taylor
Floor Sponsor - Black(15)
Title apvd - to Senate
03/20 Senate intro
03/20 Rls susp - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Ingram,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Hawkins
Floor Sponsor -
Title apvd - to House
03/23 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/25 Governor signed
Session Law Chapter 385
Effective: 07/01/98
H0835|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 835 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO CHILD PROTECTION; AMENDING SECTION 16-1610, IDAHO CODE, AS AMENDED 3 BY SENATE BILL 1437, SECOND REGULAR SESSION OF THE FIFTY-FOURTH IDAHO LEG- 4 ISLATURE, TO CORRECT TYPOGRAPHICAL ERRORS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 16-1610, Idaho Code, as amended by Senate Bill 7 1437, Second Regular Session of the Fifty-fourth Idaho Legislature, be, and 8 the same is hereby amended to read as follows: 9 16-1610. DECREE -- DISPOSITION HEARING. (a) If a preponderance of the 10 evidence of the adjudicatory hearing shows that the child comes within the 11 purview of this chapter, the court shall so decree and in its decree shall 12 make a finding of the facts and conclusions of law upon which it exercises 13 jurisdiction over the child. 14 (b) Upon entry of its decree, the court may consider any information rel- 15 evant to the disposition of the child, but in any event shall: 16 (1) Place the child under protective supervision in his own home for an 17 indeterminate period not to exceed one (1) year from the date entered but 18 the court may extend the period of time upon a showing by the authorized 19 agency that continued supervision is necessary for the best interests of 20 the child; or 21 (2) Vest legal custody in the department or other authorized agency sub- 22 ject to residual parental rights and subject to full judicial review by 23 the court of all matters relating to the custody of the child by the 24 department or other authorized agency. The court shall make written find- 25 ings as to whether the department made reasonable efforts to prevent the 26 placement of the child in foster care, including findings, when appropri- 27 ate, that: 28 (i) reasonable efforts were made but were not successful in elimi- 29 nating the need for foster care placement of the child; 30 (ii) reasonable efforts were not made because of immediate danger to 31 the child; 32 (iii) reasonable efforts to temporarily place the child with related 33 persons were made but were not successful; or 34 (iv) reasonable efforts were not required as the parent had sub- 35 jected the child to aggravated circumstances as determined by the 36 court including, but not limited to: abandonment; torture; chronic 37 abuse; sexual abuse; committed murder; committed voluntary manslaugh- 38 ter; aided or abetted, attempted, conspired or solicited to commit 39 such a murder or voluntary manslaughter; committed a felony assault 40 that results in serious bodily injury to any child of the parent; or 41 the parental rights of the parent to a sibling have been terminated 42 involuntarily;and that as a result, a hearing to deter- 43 mine the permanent future plan for this child will be held within 2 1 thirty (30) days of this determination. Reasonable efforts shall be 2 made to place the child in a timely manner in accordance with the 3 permanency plan and to complete whatever steps are necessary to 4 finalize the permanent placement of the child. Whenever possible, the 5 child's connections to the community, including individuals with a 6 significant relationship to the child, religious organizations and 7 community activities, will be maintained through the transition. 8 (3) The court shall make written findings that reasonable efforts to 9 reunify are not required as the parent had subjected the child to aggra- 10 vated circumstances including, but not limited to: abandonment; torture; 11 chronic abuse; sexual abuse; committed murder; committed voluntary man- 12 slaughter; aided or abetted, attempted, conspired or solicited to commit 13 such a murder or voluntary manslaughter; committed a felony assault that 14 results in serious bodily injury to the child or another child of the par- 15 ent; or the parental rights of the parent to a sibling have been termi- 16 nated in voluntarily. 17 (c) A decree vesting legal custody in the department shall be binding 18 upon the department, and shall state the department shall prepare a written 19 case plan within thirty (30) days of placement designed to make it possible 20 for the child to return to his home or may concurrently contain reasonable 21 efforts to place the child for adoption or with a legal guardian; shall state 22 with specificity the role of the department toward each parent; and shall be 23 for an indeterminate period not to exceed one (1) year from the date entered, 24 except that the department may file a petition with the court requesting 25 renewal of the order and the court, after notice to the parties and hearing 26 and finding, may renew the order if it finds such renewal necessary to safe- 27 guard the best interests of the child. Renewals may be made during minority, 28 but no order shall have any force or effect beyond minority. The department 29 may petition the court at any time to vacate any order placing a child in its 30 custody or under its protective supervision, but must provide notice of hear- 31 ing to each parent having joint custody. Upon such renewal, the court shall 32 expressly include in its order determination of the permanency plan for the 33 child that includes whether, and if applicable when, the child will be 34 returned to the parent, placed for adoption and the state will file a petition 35 for termination of parental rights, or referred for legal guardianship or, in 36 cases where compelling reasons exist that it would not be in the best interest 37 of the child to terminate parental rights, placed in another permanent living 38 arrangement. 39 (d) A decree vesting legal custody in an authorized agency other than the 40 department shall be, for an indeterminate period of time not to exceed one (1) 41 year from the date entered, but the court may extend the period of time during 42 the child's minority upon a showing by the authorized agency that continued 43 custody or supervision is necessary for the best interests of the child, and 44 on such other terms as the court shall state in its decree to be in the best 45 interests of the child and which the court finds to be acceptable to such 46 authorized agency. 47 (e) In order to preserve the unity of the family system and to insure the 48 best interests of the child whether issuing an order of protective supervision 49 or an order of legal custody, the court may consider extending or initiating a 50 protective order as part of the decree. The protective order shall be deter- 51 mined as in the best interests of the child and upon a showing of continuing 52 danger to the child. The conditions and terms of the protective order shall be 53 clearly stated in the decree. 54 (f) If the court does not find that the child comes within the purview of 55 this chapter pursuant to subsection (a) of this section it shall dismiss the 3 1 petition.
STATEMENT OF PURPOSE
RS08220
Relating to child protection; amending section 16-1610, Idaho
Code, as amended by Senate Bill 1437, Second Regular Session of
the Fifty-Fourth Idaho Legislature, to correct typographical
errors.
FISCAL NOTE
None
CONTACT: Rep. Max Black
332-1120
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H 835