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H0076aaS...........................................................by BLACK
CHILDREN - NEGLECTED/ABUSED - Amends existing law to provide for
appointment of a guardian upon a finding that a child has been neglected,
abused, abandoned or whose parents are unable to provide a stable home
environment; to provide a definition of "abandonment"; to provide for the
court determination to be in the best interests of the child; and to delete
language which provides that considering the child's home environment, the
court shall determine if the parent or other legal custodian is unable to
provide such environment by reason of immaturity or emotional, mental or
physical disability.
01/11 House intro - 1st rdg - to printing
01/11 Rpt prt - to Jud
01/29 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/03 3rd rdg - PASSED - 67-1-1
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz, Limbaugh, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stone, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Lake,
Dist. 19, Seat A, Vacant
Floor Sponsor - Black
Title apvd - to Senate
02/04 Senate intro - 1st rdg - to Jud
03/02 Rpt out - to 14th Ord
03/04 Rpt out amen - to 1st rdg as amen
03/05 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins,
Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Danielson, Ipsen, Parry
Floor Sponsor - Sorensen
Title apvd - to House
03/10 House concurred in Senate amens - to engros
03/11 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 61-1-8
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Hadley, Hammond,
Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
Kendell, Kunz, Lake, Limbaugh, Linford, Mader, Marley, Montgomery,
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone,
Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams,
Zimmermann, Mr Speaker
NAYS -- Stoicheff
Absent and excused -- Callister, Campbell, Gould, Hansen(29),
Loertscher, McKague, Meyer, Wood
Floor Sponsor - Black
Title apvd - to enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 123
Effective: 07/01/99
H0076|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 76, As Amended in the Senate BY BLACK 1 AN ACT 2 RELATING TO COURT APPOINTMENT OF A GUARDIAN OF A MINOR; AMENDING SECTION 3 15-5-204, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF A GUARDIAN UPON FIND- 4 ING THAT A CHILD HAS BEEN NEGLECTED, ABUSED, ABANDONED OR WHOSE PARENTS 5 ARE UNABLE TO PROVIDE A STABLE HOME ENVIRONMENT, TO DEFINE ABANDONMENT, TO 6 PROVIDE FOR A DETERMINATION OF THE BEST INTERESTS OF THE CHILD AND TO MAKE 7 TECHNICAL CORRECTIONS; AND AMENDING SECTION 16-1603, IDAHO CODE, TO DELETE 8 LANGUAGE PROVIDING THAT IN CONSIDERING THE CHILD'S HOME ENVIRONMENT, THE 9 COURT SHALL DETERMINE IF THE PARENT OR OTHER LEGAL CUSTODIAN IS UNABLE TO 10 PROVIDE SUCH ENVIRONMENT BY REASON OF IMMATURITY OR EMOTIONAL, MENTAL OR 11 PHYSICAL DISABILITY. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 15-5-204, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 15-5-204. COURT APPOINTMENT OF GUARDIAN OF MINOR -- CONDITIONS FOR 16 APPOINTMENT. The court may appoint a guardian for an unmarried minor if all 17 parental rights of custody have been terminatedor suspendedby 18circumstances orprior court order or upon a finding that 19 the child has been neglected, abused, abandoned, or whose parents are unable 20 to provide a stable home environment. "Abandoned" means the failure of the 21 parent to maintain a normal parental relationship with the child including, 22 but not limited to, reasonable support or regular contact. Failure to maintain 23 a normal parental relationship with the child without just cause for a period 24 of six (6) months shall constitute prima facie evidence of abandonment. In all 25 cases, the court shall consider the best interests of the child as the primary 26 factor in the determination whether to appoint, and whom to appoint, as a 27 guardian for such child. In determining the choice of a guardian for an unmar- 28 ried minor, the advanced age of a potential guardian shall not, in and of 29 itself, be used as a criterion of the suitability of the potential guardian so 30 long as the potential guardian is otherwise suitable . A guardian 31 appointed by will as provided in section 15-5-202 of thisP32 p art whose appointment has not been prevented or nullified under 33 section 15-5-203 of thisPp art has priority 34 over any guardian who may be appointed by the court but the court may proceed 35 with an appointment nonetheless upon a finding that the testamen- 36 tary guardian has failed to accept the testamentary appointment within thirty 37 (30) days after notice of the guardianship proceeding. 38 SECTION 2. That Section 16-1603, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 16-1603. JURISDICTION OF THE COURTS. Except as otherwise provided herein, 41 the court shall have exclusive original jurisdiction in all proceedings under 2 1 this chapter concerning any child living or found within the state: 2 (a) who is neglected, abused or abandoned by his parents, guardian or 3 other legal custodian, or who is homeless; or 4 (b) whose parents or other legal custodian fails or is unable to provide 5 a stable home environment.In considering the child's home environment,6the court shall determine if the parents or other legal custodian is unable to7provide such environment by reason of immaturity or emotional, mental, or8physical disability.
AH0076|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Sorensen Seconded by King IN THE SENATE SENATE AMENDMENT TO H.B. NO. 76 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 16 and 17 and insert: " 3 ronment. "Abandoned" means the failure of the parent to ". 4 AMENDMENT TO THE BILL 5 On page 1, following line 33, insert: 6 "SECTION 2. That Section 16-1603, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 16-1603. JURISDICTION OF THE COURTS. Except as otherwise provided herein, 9 the court shall have exclusive original jurisdiction in all proceedings under 10 this chapter concerning any child living or found within the state: 11 (a) who is neglected, abused or abandoned by his parents, guardian or 12 other legal custodian, or who is homeless; or 13 (b) whose parents or other legal custodian fails or is unable to provide 14 a stable home environment.In considering the child's home environment,15the court shall determine if the parents or other legal custodian is unable to16provide such environment by reason of immaturity or emotional, mental, or17physical disability.". 18 CORRECTION TO TITLE 19 On page 1, in line 7, following "CORRECTIONS" insert: "; AND AMENDING SEC- 20 TION 16-1603, IDAHO CODE, TO DELETE LANGUAGE PROVIDING THAT IN CONSIDERING THE 21 CHILD'S HOME ENVIRONMENT, THE COURT SHALL DETERMINE IF THE PARENT OR OTHER 22 LEGAL CUSTODIAN IS UNABLE TO PROVIDE SUCH ENVIRONMENT BY REASON OF IMMATURITY 23 OR EMOTIONAL, MENTAL OR PHYSICAL DISABILITY".
STATEMENT OF PURPOSE
RS 08475
This bill modifies existing Section 15-5-204, Idaho Code, to clarify the
grounds upon which a court may determine that a guardian is necessary for
a minor, and to clarify the grounds upon which the curt determines who
should be the guardian. The factors listed in the statute are those upon
which courts usually rely in making such evaluations, looking ultimately
to the best interests of the child. The bill also places the time limit
for determination of prima facie abandonment in compliance with Section
16-2005(a), Idaho Code. Finally, the bill provides that the mere fact
of advanced age, in and of itself, should not be a criteria for selection
of a guardian.
FISCAL NOTE
This bill should have no fiscal impact. It is possible that the
clarification of the factors for a court to consider may shorten court
proceedings and thereby lower the costs to the state of such court
actions.
CONTACT: Representative Max Black
(208)332-1000
Robert L. Aldridge
1209 North Eighth Street
Boise, Idaho 83702-4297
Telephone: (208)336-9880
Fax: (208)336-9882
STATEMENT OF PURPOSE/FISCAL NOTE H7