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S1437.................................................by HEALTH AND WELFARE
CHILD PROTECTION - Amends existing law to bring Idaho into compliance with
the "Adoption and Safe Families Act of 1997" to provide that the Department
of Health and Welfare is charged with making permanent placements for
children in the most expeditious manner possible and to provide for the
maintenance of existing relationships where possible.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Health/Wel
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 35-0-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, 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 Sponsors - King, Danielson
Title apvd - to House
02/25 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crane, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(22), Jones(20), Judd, Kellogg, Kendell, Kjellander, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wood, Zimmermann
NAYS -- None
Absent and excused -- Crow, Jones(9), Kempton, Wheeler, Mr Speaker
Floor Sponsors - Reynolds, Henbest
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 257
Effective: 07/01/98
S1437|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1437 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO CHILD PROTECTION; AMENDING SECTION 16-1601, IDAHO CODE, TO PROVIDE 3 THAT THE HEALTH AND SAFETY OF THE CHILD IS THE PRIMARY CONCERN IN CHILD 4 PROTECTION PROCEEDINGS; AMENDING SECTION 16-1605, IDAHO CODE, TO PROVIDE 5 THAT REASONABLE EFFORTS TO PREVENT THE PLACEMENT OF A CHILD ARE NOT 6 REQUIRED UNDER SPECIFIED CIRCUMSTANCES; AMENDING SECTION 16-1610, IDAHO 7 CODE, TO SPECIFY CONDITIONS WHEN REASONABLE EFFORTS WERE NOT REQUIRED AND 8 TO PROVIDE THAT THE DEPARTMENT MAY DEVELOP CASE PLANS WHICH CONCURRENTLY 9 PURSUE REUNIFICATION AND PLACEMENT OF A CHILD FOR ADOPTION OR WITH A 10 GUARDIAN, AND TO SEEK MAINTENANCE OF SIGNIFICANT RELATIONSHIPS; AMENDING 11 SECTION 16-1615, IDAHO CODE, TO PROVIDE THE TIME FOR HEARINGS AND TO PRO- 12 VIDE THAT THE DEPARTMENT SHALL JOIN IN ANY PETITION FOR TERMINATION OF 13 PARENTAL RIGHTS OF CHILDREN IN THE CUSTODY OF THE DEPARTMENT, AND MAY CON- 14 CURRENTLY APPROVE THE ADOPTION; AMENDING SECTION 16-1623, IDAHO CODE, TO 15 PROVIDE THAT THERE IS A REBUTTABLE PRESUMPTION THAT PERMANENCY PLANNING 16 WILL BEGIN FOR ANY CHILD WHO IS IN THE CARE OF THE DEPARTMENT FOR A PERIOD 17 OF FIFTEEN OF THE PREVIOUS TWENTY-TWO MONTHS; AND AMENDING SECTION 18 16-2010, IDAHO CODE, TO PROVIDE THE TIME FOR HEARINGS. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 16-1601, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 16-1601. POLICY. The policy of the state of Idaho is hereby declared to 23 be the establishment of a legal framework conducive to the judicial processing 24 of child abuse, abandonment and neglect cases, and the protection of children 25 whose life, health or welfare is endangered. At all times the health and 26 safety of the child shall be the primary concern. Each child coming 27 within the purview of this chapter shall receive, preferably in his own home, 28 the care, guidance and control that will promote his welfare and the best 29 interest of the state of Idaho, and if he is removed from the control of one 30 (1) or more of his parents, guardian or other custodian, the state shall 31 secure adequate care for him; provided, however, that the state of Idaho 32 shall, to the fullest extent possible, seek to preserve, protect, enhance and 33 reunite the family relationship. This chapter seeks to coordinate efforts by 34 state and local public agencies, in cooperation with private agencies and 35 organizations, citizens' groups, and concerned individuals, to: 36 (1) preserve the privacy and unity of the family whenever possible; 37 (2) take such actions as may be necessary and feasible to prevent the 38 abuse, neglect or abandonment of children; 39 (3) clarify for the purposes of this act the rights and responsibilities 40 of parents with joint legal or joint physical custody of children at risk. 41 SECTION 2. That Section 16-1605, Idaho Code, be, and the same is hereby 42 amended to read as follows: 2 1 16-1605. PETITION. (a) A petition invoking the jurisdiction of the court 2 under this chapter shall be filed in the manner provided in this section: 3 (1) A petition must be signed by the prosecutor or deputy attorney gen- 4 eral before being filed with the court. 5 (2) Any person or governmental body of this state having evidence of 6 abuse, abandonment, or neglect of a child may request the attorney general 7 or prosecuting attorney to file a petition. The prosecuting attorney of 8 the county where the child resides may file a petition on behalf of any 9 child whose parent, guardian, or custodian has been accused in a criminal 10 complaint of the crime of cruel treatment or neglect as defined in section 11 18-1501, Idaho Code. 12 (b) Petitions shall be entitled "In the Matter of .............., a child 13 under the age of eighteen (18) years" and shall be verified and set forth with 14 specificity: 15 (1) The facts which bring the child within the provisions of this chap- 16 ter, with the actions of each parent described therein; 17 (2) The name, birthdate, sex, and residence address of the child; 18 (3) The name, birthdate, sex, and residence address of all other children 19 living at or having custodial visitation at the home where the injury to 20 the subject child occurred; 21 (4) The names and residence addresses of both the mother and father, 22 guardian or other custodian. If neither of his parents, guardian or other 23 custodian resides or can be found within the state, or if their residence 24 addresses are unknown, the name of any known adult relative residing 25 within the state. 26 (5) The names and residence addresses of each person having sole or joint 27 legal custody of the children described in this section. 28 (6) Whether or not there exists a legal document including, but not lim- 29 ited to, a divorce decree, stipulation or parenting agreement controlling 30 the custodial status of the children described in this section. 31 (7) Whether the child is in shelter care, and, if so, the type and nature 32 of the shelter care, the circumstances necessitating such care and the 33 date and time he was placed in such care. 34 (8) When any of the facts required by this section cannot be determined, 35 the petition shall so state. The petition may be based on information and 36 belief but in such case the petition shall state the basis of such infor- 37 mation and belief. 38 (9) The petition shall state that reasonable efforts have been made prior 39 to the placement of the child in care to prevent the removal of the child 40 from his home or, if such efforts were not provided, that placement was 41 due to immediate danger to the child , or that reasonable efforts to 42 prevent placement were not required as the parent subjected the child to 43 aggravated circumstances . 44 (10) The petition shall state with specificity whether a parent with joint 45 legal custody or a noncustodial parent has been notified of placement. 46 (11) The petition shall state whether a court has adjudicated the custo- 47 dial rights of the parents and shall set forth the custodial status of the 48 child. 49 SECTION 3. That Section 16-1610, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 16-1610. DECREE -- DISPOSITION HEARING. (a) If a preponderance of the 52 evidence of the adjudicatory hearing shows that the child comes within the 53 purview of this chapter, the court shall so decree and in its decree shall 3 1 make a finding of the facts and conclusions of law upon which it exercises 2 jurisdiction over the child. 3 (b) Upon entry of its decree, the court may consider any information rel- 4 evant to the disposition of the child, but in any event shall: 5 (1) Place the child under protective supervision in his own home for an 6 indeterminate period not to exceed one (1) year from the date entered but 7 the court may extend the period of time upon a showing by the authorized 8 agency that continued supervision is necessary for the best interests of 9 the child; or 10 (2) Vest legal custody in the department or other authorized agency sub- 11 ject to residual parental rights and subject to full judicial review by 12 the court of all matters relating to the custody of the child by the 13 department or other authorized agency. The court shall make written find- 14 ings as to whether the department made reasonable efforts to prevent the 15 placement of the child in foster care, including findings, when appropri- 16 ate, that: 17 (i) reasonable efforts were made but were not successful in elimi- 18 nating the need for foster care placement of the child; 19 (ii) reasonable efforts were not made because of immediate danger to 20 the child;or21 (iii) reasonable efforts to temporarily place the child with related 22 persons were made but were not successful ; or 23 (iv) reasonable efforts were not required as the parent had sub- 24 jected the child to aggravated circumstances as determined by the 25 court including, but not limited to: abandonment; torture; chronic 26 abuse; sexual abuse; committed murder; committed voluntary manslaugh- 27 ter; aided or abetted, attempted, conspired or solicited to commit 28 such a murder or voluntary manslaughter; committed a felony assault 29 that results in serious bodily injury to any child of the parent; or 30 the parental rights of the parent to a sibling have been terminated 31 involuntarily and that as a result, a hearing to determine the perma- 32 nent future plan for this child will be held within thirty (30) days 33 of this determination. Reasonable efforts shall be made to place the 34 child in a timely manner in accordance with the permanency plan and 35 to complete whatever steps are necessary to finalize the permanent 36 placement of the child. Whenever possible, the child's connections to 37 the community, including individuals with a significant relationship 38 to the child, religious organizations and community activities, will 39 be maintained through the transition . 40 (3) The court shall make written findings that reasonable efforts 41 to reunify are not required as the parent had subjected the child to 42 aggravated circumstances including, but not limited to: abandonment; tor- 43 ture; chronic abuse; sexual abuse; committed murder; committed voluntary 44 manslaughter; aided or abetted, attempted, conspired or solicited to com- 45 mit such a murder or voluntary manslaughter; committed a felony assault 46 that results in serious bodily injury to the child or another child of the 47 parent; or the parental rights of the parent to a sibling have been termi- 48 nated voluntarily. 49 (c) A decree vesting legal custody in the department shall be binding 50 upon the department, and shall state the department shall prepare a written 51 case plan within thirty (30) days of placement designed to make it possible 52 for the child to return to his home or may concurrently contain reason- 53 able efforts to place the child for adoption or with a legal guardian ; 54 shall state with specificity the role of the department toward each parent; 55 and shall be for an indeterminate period not to exceed one (1) year from the 4 1 date entered, except that the department may file a petition with the court 2 requesting renewal of the order and the court, after notice to the parties and 3 hearing and finding, may renew the order if it finds such renewal necessary to 4 safeguard the best interests of the child. Renewals may be made during minor- 5 ity, but no order shall have any force or effect beyond minority. The depart- 6 ment may petition the court at any time to vacate any order placing a child in 7 its custody or under its protective supervision, but must provide notice of 8 hearing to each parent having joint custody. Upon such renewal, the court 9 shall expressly include in its order determination of thefuture status10of the child, specifically stating whether the child should return home, con-11tinue in foster care for a specified time, be placed for adoption or, due to12special needs, be in foster care permanently or long termperma- 13 nency plan for the child that includes whether, and if applicable when, the 14 child will be returned to the parent, placed for adoption and the state will 15 file a petition for termination of parental rights, or referred for legal 16 guardianship or, in cases where compelling reasons exist that it would not be 17 in the best interest of the child to terminate parental rights, placed in 18 another permanent living arrangement . 19 (d) A decree vesting legal custody in an authorized agency other than the 20 department shall be, for an indeterminate period of time not to exceed one (1) 21 year from the date entered, but the court may extend the period of time during 22 the child's minority upon a showing by the authorized agency that continued 23 custody or supervision is necessary for the best interests of the child, and 24 on such other terms as the court shall state in its decree to be in the best 25 interests of the child and which the court finds to be acceptable to such 26 authorized agency. 27 (e) In order to preserve the unity of the family system and to insure the 28 best interests of the child whether issuing an order of protective supervision 29 or an order of legal custody, the court may consider extending or initiating a 30 protective order as part of the decree. The protective order shall be deter- 31 mined as in the best interests of the child and upon a showing of continuing 32 danger to the child. The conditions and terms of the protective order shall be 33 clearly stated in the decree. 34 (f) If the court does not find that the child comes within the purview of 35 this chapter pursuant to subsection (a) of this section it shall dismiss the 36 petition. 37 SECTION 4. That Section 16-1615, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been 40 placed in the custody of the department or under its protective supervision 41 pursuant to section 16-1610, Idaho Code, the department may, after three42(3) months,petition the court for termination of the parent and child 43 relationship in accordance with chapter 20, title 16, Idaho Code, pro-44vided that no petition for termination of the parent and child relationship45shall be made within three (3) months of a prior petition for such termination46. The department shall join as a party to the petition if such a 47 petition to terminate is filed by another party; as well as to concurrently 48 identify, recruit, process and approve a qualified family for adoption unless 49 it is determined that such actions would not be in the best interest of the 50 child, or the child is placed with a relative. If termination of paren- 51 tal rights is granted and the child is placed in the guardianship or legal 52 custody of the department of health and welfare the court, upon petition, 53 shall conduct a hearing as to the future status of the child within5 1eighteentwelve (182 ) months of 2 the order of termination of parental rights, and everyeighteen3 twelve (182 ) months subsequently until 4 the child is adopted or is in a placement sanctioned by the court. 5 SECTION 5. That Section 16-1623, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in 8 conjunction with the court and other public and private agencies and persons, 9 shall have the primary responsibility to implement the purpose of this chap- 10 ter. To this end, the department is empowered and shall have the duty to do 11 all things reasonably necessary to carry out the purpose of this chapter, 12 including, but not limited to, the following: 13 (a) The department shall administer treatment programs for the protection 14 and care of neglected, abused and abandoned children, and in so doing may 15 place in foster care, shelter care, group homes or other diagnostic, treat- 16 ment, or care centers or facilities, children of whom it has been given cus- 17 tody. The department is to be governed by the standards found in title 39, 18 chapter 12, Idaho Code. 19 (b) On December 1, the department shall make an annual statistical report 20 to the governor covering the preceding fiscal year showing the number and sta- 21 tus of persons in its custody and including such other data as will provide 22 sufficient facts for sound planning in the conservation of children and youth. 23 All officials and employees of the state and of every county and city shall 24 furnish the department upon request, such information within their knowledge 25 and control as the department deems necessary. Local agencies shall report in 26 such uniform format as may be required by the department. 27 (c) The department shall be required to maintain a central registry for 28 the reporting of child neglect, abuse and abandonment information. 29 (d) The department shall make periodic evaluation of all persons in its 30 custody or under its supervision for the purpose of determining whether exist- 31 ing orders and dispositions in individual cases shall be modified or continued 32 in force. Evaluations may be made as frequently as the department considers 33 desirable and shall be made with respect to every person at intervals not 34 exceeding six (6) months. Reports of evaluation made pursuant to this section 35 shall be filed with the court which vested custody of the person with the 36 department. Reports of evaluation shall be provided to persons having full or 37 partial legal or physical custody of a child. Failure of the department to 38 evaluate a person or to reevaluate him within six (6) months of a previous 39 examination shall not of itself entitle the person to a change in disposition 40 but shall entitle him, his parent, guardian or custodian or his counsel to 41 petition the court pursuant to section 16-1611, Idaho Code. 42 (e) In a consultive capacity, the department shall assist communities in 43 the development of constructive programs for the protection, prevention and 44 care of children and youth. 45 (f) The department shall keep written records of investigations, evalua- 46 tions, prognosis and all orders concerning disposition or treatment of every 47 person over whom it has legal custody. Department records shall be subject to 48 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise 49 ordered by the court, the person consents to the disclosure, or disclosure is 50 necessary for the delivery of services to the person. Notwithstanding the pro- 51 visions restricting disclosure or the provisions of section 9-340, Idaho Code, 52 all records pertaining to investigations, the rehabilitation of youth, the 53 protection of children, evaluation, treatment and/or disposition records per- 6 1 taining to the statutory responsibilities of the department shall be disclosed 2 to any duly elected state official carrying out his official functions. 3 (g) The department shall establish appropriate administrative procedures 4 for the processing of complaints of child neglect, abuse and abandonment 5 received and for the implementation of the protection, treatment and care of 6 children formally or informally placed in the custody of the department under 7 this chapter. 8 (h) The department having been granted legal custody of a child, subject 9 to the judicial review provisions of this subsection, shall have the right to 10 determine where and with whom the child shall live, provided that the child 11 shall not be placed outside the state without the court's consent. Provided 12 however, that the court shall retain jurisdiction over the child, which juris- 13 diction shall be entered on any order or petition granting legal custody to 14 the department, and the court shall have jurisdiction over all matters relat- 15 ing to the child. The department shall not place the child in the home from 16 which the court ordered the child removed without first obtaining the approval 17 of the court. 18 (i) The department shall give to the court any information concerning the 19 child that the court may at any time require, but in any event shall report 20 the progress of the child under its custody at intervals of not to exceed six 21 (6) months. There shall be a rebuttable presumption that if a child is 22 placed in the custody of the department and was also placed in out of the home 23 care for a period not less than fifteen (15) out of the last twenty-two (22) 24 months from the date of adjudication, the department shall initiate a petition 25 for termination of parental rights. This presumption may be rebutted by a 26 finding of the court that the filing of a petition for termination of parental 27 rights would not be in the best interests of the child or reasonable efforts 28 have not been provided to reunite the child with his family, or the child is 29 placed permanently with a relative. 30 (j) The department shall establish appropriate administrative procedures 31 for the conduct of administrative reviews and hearings as required by federal 32 statute for all children committed to the department and placed in out of home 33 care. 34 (k) At any time the department is considering a placement pursuant to 35 this act, the department shall make a reasonable effort to place the child in 36 the least disruptive environment to the child and in so doing may consider, 37 without limitation, placement of the child with related persons. 38 SECTION 6. That Section 16-2010, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 16-2010. DECREE. Every order of the court terminating the parent and 41 child relationship or transferring legal custody or guardianship of the person 42 of the child, or providing for protective supervision of the child, shall be 43 in writing and shall recite the findings upon which such order is based, 44 including findings pertaining to the court's jurisdiction. 45 a. If the court finds sufficient grounds exist for the termination of the 46 parent and child relationship, it shall so decree and: 47 (1) Appoint an individual as guardian of the child's person, or 48 (2) Appoint an individual as guardian of the child's person and vest 49 legal custody in another individual or in an authorized agency, or 50 (3) Appoint an authorized agency as guardian of the child's person and 51 vest legal custody in such agency. 52 (4) The decree shall also reflect that the parent has been notified of 53 the existence of the voluntary adoption registry, established in section 7 1 39-259A, Idaho Code. 2 The court shall also make an order fixing responsibility for the child's 3 support. The parent and child relationship may be terminated with respect to 4 one (1) parent without affecting the relationship between the child and the 5 other parent. 6 b. Where the court does not order termination of the parent and child 7 relationship, it shall dismiss the petition; provided, however, that where the 8 court finds that the best interest of the child requires substitution or sup- 9 plementation of parental care and supervision, it shall make an order placing 10 the child under protective supervision, or vesting temporary legal custody in 11 an authorized agency, fixing responsibility for temporary child support, and 12 designating the period of time during which the order shall remain in effect. 13 c. If termination of parental rights is granted and the child is placed 14 in the guardianship or legal custody of the department of health and welfare 15 the court, upon petition, shall conduct a hearing as to the future status of 16 the child withineighteentwelve (18172 ) months of the order of termination of parental rights, 18 and everyeighteentwelve (182 19 ) months subsequently until the child is adopted or is in a placement 20 sanctioned by the court.
STATEMENT OF PURPOSE
RS 07930C1
This bill is designed to bring Idaho into compliance with the Adoption and Safe
Families Act of 1997. It provides for a series of changes that will expedite the
permanency of children in the Department's care. This bill amends Idaho Code Section
16-1601 to clarify that the health and safety of the child is the paramount concern in
any child protection proceeding.
Section 16-1605(b)(9) is amended and 16-1610(b)(2)(iv) is added to state that when
a child is subjected to aggravated circumstances, reasonable efforts to prevent the
placement or reunify the child with their family are not required, and reasonable
efforts to place the child in a permanent setting are required. This language provides
that under certain circumstances, the Department of Health and Welfare does not need
to make reasonable efforts to prevent the removal of a child from their home and
subsequent placement into alternate care. Rather, the Department must make reasonable
efforts to place the child into a permanent situation such as through adoption,
guardianship or placement with a relative. Section 161610(b)(9) is also amended to
provide that a child's connections to individuals with a significant relationship to
the child, schools, religious organizations, community activities will be maintained
through transition. Section 16-1610(c) states the Department may develop concurrent
case plans that simultaneously pursue both reunification of a child with their family
and placement of the child for adoption or with a guardian.
Section 16-1615 is amended to state that the Department shall. join in any
petitions for Termination of Parental Rights for children in the care of the
Department and concurrently approve the adoption. Section 16-1615 and 16-2010 are
amended to state that reviews regarding the future status of children for whom
parental rights have been terminated shall be conducted every twelve months. Section
16-1623(I) states that for any child who is in the care of the Department for a period
to exceed fifteen out of the previous twenty-two months, there is a rebuttable
presumption that permanency planning, other than reunification, will be implemented.
This bill will make significant changes to the child welfare system to ensure
the health, safety and permanency of a child. are the focus of practice.
FISCAL NOTE
As a hearing is required within thirty days in certain cases, there will be some
impact on the court system. The number of such hearings is unknown. Efforts to identify,
recruit, provide education and appropriate home studies for increased numbers of
subsidized adoptive families will have a fiscal impact for the Department of Health and
Welfare. This impact may be offset in future years by incentive payments for increased
adoptions and decreased number of children in foster care.
CONTACT: Roseanne Hardin, Department of Health & Welfare 334-5680STATEMENT OF PURPOSE/FISCAL NOTE
S 1437