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H0736.................................................by HEALTH AND WELFARE
ADOPTION - Amends existing law to provide for acceptance by an Idaho court
of a consent to termination of the parent and child relationship or a
surrender and release executed in another state.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/09 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(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Jaquet, Jones(9),
Jones(22), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Field(13), Hornbeck, Jones(20), Mader,
Floor Sponsor - Black(15)
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, 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 -- None
Floor Sponsor - Whitworth
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 310
Effective: 07/01/98
H0736|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 736 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO TERMINATION OF THE PARENT AND CHILD RELATIONSHIP; AMENDING SECTION 3 16-2005, IDAHO CODE, TO PROVIDE FOR ACCEPTANCE BY AN IDAHO COURT OF A CON- 4 SENT TO TERMINATION OR A SURRENDER AND RELEASE EXECUTED IN ANOTHER STATE. 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 or more of the 10 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 will continue for a prolonged indeterminate period and 27 will be injurious to the health, morals or well-being of the child. 28 e. If termination is found to be in the best interest of the parent and 29 child, where the petition has been filed by a parent or through an authorized 30 agency, or interested party. 31 f. Where a consent to termination in the manner and form prescribed by 32 this act has been filed by the parent(s) of the child in conjunction with a 33 petition for adoption initiated by the person or persons proposing to adopt 34 the child, or where the consent to termination has been filed by a licensed 35 adoption agency, no subsequent hearing on the merits of the petition shall be 36 held. Consents required by this act must be witnessed by a district judge or 37 magistrate of a district court, or equivalent judicial officer of the state, 38 where a person consenting resides or is present, whether within or without the 39 county, and shall be substantially in the following form: 40 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 41 AND FOR THE COUNTY OF .... 42 In the Matter of the termination ) 43 of the parental rights of ) 2 1 ................... ) 2 ................... ) 3 I (we), the undersigned, being the .... of ...., do hereby give my (our) 4 full and free consent to the complete and absolute termination of my (our) 5 parental right(s), to the said ...., who was born ...., 19.., unto ...., 6 hereby relinquishing completely and forever, all legal rights, privileges, 7 duties and obligations, including all rights of inheritance to and from the 8 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing 9 on the petition to terminate my (our) parental relationship with the said 10 ...., and respectfully request the petition be granted. 11 DATED: ...., 19... 12 ................... 13 STATE OF IDAHO ) 14 ) ss. 15 COUNTY OF .... ) 16 On this .... day of ...., 19.., before me, the undersigned ...., .... 17 (Judge or magistrate) of the District court of the .... Judicial District of 18 the state of Idaho, in and for the county of ...., personally appeared ...., 19 known to me (or proved to me on the oath of ....) to be the person(s) whose 20 name(s) is (are) subscribed to the within instrument, and acknowledged to me 21 that he (she, they) executed the same. 22 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 23 seal the day and year in this certificate first above written. 24 ...................... (District Judge or Magistrate) 25 The court shall accept a consent or a surrender and release executed 26 in another state if: 27 (1) It is witnessed by a magistrate or district judge of the state where 28 signed; or 29 (2) The court receives an affidavit or a certificate from a court of com- 30 parable jurisdiction stating that the consent or the surrender and release 31 was executed in accordance with the laws of the state in which it was exe- 32 cuted, or the court is satisfied by other showing that the consent or sur- 33 render and release was executed in accordance with the laws of the state 34 in which it was executed. 35 g. Where consent to termination of parental rights is implied by reason 36 of the failure of a putative father to establish paternity in the manner pre- 37 scribed in section 16-1513, Idaho Code. 38 h. Unless a consent to termination signed by the parent(s) of the child 39 has been filed by an adoption agency licensed in the state of Idaho, or unless 40 the consent to termination was filed in conjunction with a petition for adop- 41 tion of the child, the court shall hold a hearing. 42 i. In the case of a father's parental relationship, where the father has 43 failed to file notice of claim to paternity and willingness to assume respon- 44 sibility as provided in section 16-1513(3), Idaho Code. 45 j. The court may grant termination as to a parent: 46 (1) Who caused the child to be conceived as a result of rape, incest, 47 lewd conduct with a minor child under sixteen (16) years, or sexual abuse 48 of a child under the age of sixteen (16) years, as defined in section 49 16-2002 n., Idaho Code; 50 (2) Who murdered or intentionally killed the other parent of the child; 51 or 52 (3) Who has been incarcerated and has no possibility of parole. 53 There is a rebuttable presumption that termination of the parent-child rela- 54 tionship in any of the circumstances provided in subsection j. of this section 55 is in the best interest of the child.
STATEMENT OF PURPOSE
RS07873C1
The bill will allow an Idaho Court to accept a consent or a
surrender and release of a parental rights instrument executed in
another state so long as the document is valid and legal in the
issuing state.
FISCAL NOTE
No fiscal impact.
CONTACT: Representative Max Black
PHONE: 332-1120
STATEMENT OF PURPOSE/FISCAL NOTE
H 736