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S1134aa,aaH...........................................by HEALTH AND WELFARE
ADOPTION - Amends existing law relating to adoption of children to revise
conditions under which termination may be granted and to revise procedures.
02/09 Senate intro - 1st rdg - to printing
02/10 Rpt prt - to Health/Wel
02/16 Rpt out - to 14th Ord
02/24 Rpt out amen - to engros
02/25 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
03/02 3rd rdg as amen - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Noh, Parry, Twiggs
Floor Sponsor - Ipsen
Title apvd - to House
03/03 House intro - 1st rdg as amen - to Health/Wel
03/05 Rpt out - to Jud
03/16 Rpt out - to Gen Ord
03/17 Rpt out amen - to 1st rdg as amen
03/18 1st rdg - to 2nd rdg as amen
Rules susp - PASSED - 60-0-10
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23),
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Wheeler, Williams,
Mr Speaker
NAYS -- None
Absent and excused -- Chase, Field(13), Gould, Hansen(29), Henbest,
Limbaugh, Montgomery, Watson, Wood, Zimmermann
Floor Sponsor - Hammond
Title apvd - to Senate
To 10th Ord
03/19 Senate concurred in House amens - to engros
Rpt engros - to 1st rdg as amen
Rules susp - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Frasure, Parry, Twiggs
Floor Sponsor - Ipsen
Title apvd - to enrol
03/22 Rpt enrol - Pres signed - Sp signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 314
Effective: 03/24/99
S1134|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1134, As Amended, As Amended in the House BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE PROCEDURES INVOLVED IN THE ADOPTION PROCESS; AMENDING SECTION 3 16-2005, IDAHO CODE, TO REVISE CONDITIONS UNDER WHICH TERMINATION MAY BE 4 GRANTED, TO REVISE PROCEDURES AND TO MAKE TECHNICAL CORRECTIONS; AND 5 DECLARING AN EMERGENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 16-2005, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may 10 grant an order terminating the relationship where it finds one or more of the 11 following conditions exist: 12 a. The parent has abandoned the child by having willfully failed to main- 13 tain a normal parental relationship including , but not limited 14 to , reasonable support or regular personal contact; failure of 15 the parent to maintain this relationship without just cause for a period of 16 one (1) year shall constitute prima facie evidence of abandonment under this 17 section. Provided further, that where termination is sought by a grandparent 18 seeking to adopt the child, willful failure of the parent to maintain a normal 19 parental relationship as provided herein, without just cause, for six (6) 20 months shall constitute prima facie evidence of abandonment. 21 b. The parent has neglected or abused the child. Neglect as used herein 22 shall mean a situation in which the child lacks parental care necessary for 23 his health, morals and well-being. 24 c. The presumptive parent is not the natural parent of the child. 25 d. The parent is unable to discharge parental responsibilities because of 26 mental illness or mental deficiency, and there are reasonable grounds to 27 believe the condition will continue for a prolonged indeterminate period and 28 will be injurious to the health, morals or well-being of the child. 29 e. If termination is found to be in the best interest of the parent and 30 child, where the petition has been filed by a parent or through an authorized 31 agency, or interested party. 32 f. Where a consent to termination in the manner and form prescribed by 33 this act has been filed by the parent(s) of the child in conjunction with a 34 petition for adoption initiated by the person or persons proposing to adopt 35 the child, or where the consent to termination has been filed by a licensed 36 adoption agency, no subsequent hearing on the merits of the petition shall be 37 held. Consents required by this act must be witnessed by a district judge or 38 magistrate of a district court, or equivalent judicial officer of the state, 39 where a person consenting resides or is present, whether within or without the 40 county, and shall be substantially in the following form: 41 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 42 AND FOR THE COUNTY OF .... 43 In the Matter of the termination ) 2 1 of the parental rights of ) 2 ................... ) 3 ................... ) 4 I (we), the undersigned, being the .... of ...., do hereby give my (our) 5 full and free consent to the complete and absolute termination of my (our) 6 parental right(s), to the said ...., who was born ...., 19.., unto ...., 7 hereby relinquishing completely and forever, all legal rights, privileges, 8 duties and obligations, including all rights of inheritance to and from the 9 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing 10 on the petition to terminate my (our) parental relationship with the said 11 ...., and respectfully request the petition be granted. 12 DATED: ...., 19... 13 ................... 14 STATE OF IDAHO ) 15 ) ss. 16 COUNTY OF .... ) 17 On this .... day of ...., 19.., before me, the undersigned ...., .... 18 (Judge ormM agistrate) of the Districtc19C ourt of the .... Judicial District of the state of Idaho, 20 in and for the county of ...., personally appeared ...., known to me (or 21 proved to me on the oath of ....) to be the person(s) whose name(s) is (are) 22 subscribed to the within instrument, and acknowledged to me that he (she, 23 they) executed the same. 24 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 25 seal the day and year in this certificate first above written. 26 ...................... (District Judge or Magistrate) 27 The court shall accept a consent or a surrender and release executed in 28 another state if: 29 (1) It is witnessed by a magistrate or district judge of the state where 30 signed; or 31 (2) The court receives an affidavit or a certificate from a court of com- 32 parable jurisdiction stating that the consent or the surrender and release 33 was executed in accordance with the laws of the state in which it was exe- 34 cuted, or the court is satisfied by other showing that the consent or sur- 35 render and release was executed in accordance with the laws of the state 36 in which it was executed ; or 37 (3) The court shall accept a termination or relinquishment from a sister 38 state that has been ordered by a court of competent jurisdiction under 39 like proceedings; or in any other manner authorized by the laws of a sis- 40 ter state. In a state where the father has failed to file notice of claim 41 to paternity and willingness to assume responsibility as provided for pur- 42 suant to the laws of such state, and where such failure constitutes an 43 abandonment of such child and constitutes a termination or relinquishment 44 of the rights of the putative father, the court shall accept such failure 45 as a termination in this state without further hearing on the merits, if 46 the court is satisfied that such failure constitutes a termination or 47 relinquishment of parental rights pursuant to the laws of that state. 48 49 g. Where consent to termination of parental rights is implied by reason 50 of the failure of a putative father to establish paternity in the manner pre- 51 scribed in section 16-1513, Idaho Code. 52 h. Unless a consent to termination signed by the parent(s) of the child 53 has been filed by an adoption agency licensed in the state of Idaho, or unless 54 the consent to termination was filed in conjunction with a petition for adop- 55 tion of the child, the court shall hold a hearing. 3 1 i. In the case of a father's parental relationship, where the father has 2 failed to file notice of claim to paternity and willingness to assume respon- 3 sibility as provided in section 16-1513(3), Idaho Code. 4 j. The court may grant termination as to a parent: 5 (1) Who caused the child to be conceived as a result of rape, incest, 6 lewd conduct with a minor child under sixteen (16) years, or sexual abuse 7 of a child under the age of sixteen (16) years, as defined in section 8 16-2002 n., Idaho Code; 9 (2) Who murdered or intentionally killed the other parent of the child; 10 or 11 (3) Who has been incarcerated and has no possibility of parole. 12 There is a rebuttable presumption that termination of the parent-child rela- 13 tionship in any of the circumstances provided in subsection j. of this section 14 is in the best interest of the child. 15 SECTION 2. An emergency existing therefor, which emergency is hereby 16 declared to exist, this act shall be in full force and effect on and after its 17 passage and approval.
AS1134|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Ipsen Seconded by Darrington IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1134 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, delete lines 53 through 55; and on page 3, 3 delete lines 1 through 19, and insert: 4 " A biological father, not married to the mother, by virtue of the 5 fact that he has engaged in a sexual relationship with a woman, is deemed to 6 be on notice that a pregnancy and that a termination of parental rights and an 7 adoption proceeding regarding the child may occur, and has a duty to protect 8 his own rights and interests. He is therefore entitled to actual notice of a 9 termination or an adoption proceeding with regard to that child only if he 10 filed a notice of his claim to paternity to the child born out-of-wedlock and 11 his willingness and intent to support the child to the best of his ability or 12 who meets one (1) of the exceptions set forth in subsection (5) of this sec- 13 tion. 14 (5) Notice of a termination of parental rights or an adoption proceeding 15 shall be served on each of the following persons: 16 (a) Any person who is adjudicated by a court in this state to be the 17 father of the child; 18 (b) Any person who is adjudicated by a court of another state or terri- 19 tory of the United States to be the father of the child; 20 (c) Any person who is recorded on the child's birth certificate as the 21 child's father; 22 (d) Any person who is openly living in the same household with the child 23 and the child's mother at the time the proceeding is initiated and is 24 holding himself out to be the child's father; and 25 (e) Any person who is married to the child's mother at the time of the 26 termination or adoption proceeding. 27 (76 ) In any termination proceeding pertaining 28 to a child born out-of-wedlock, if there is no showing that the putative 29 father has consented to termination prior to the granting of a decree allowing 30 the termination, a certificate shall be obtained from the vital statistics 31 unit of the department of health and welfare, signed by the state registrar of 32 vital statistics, which certificate shall state that a diligent search has 33 been made of the registry of notices from putative fathers, of a child born 34 out-of-wedlock, and that the putative father involved is not registered. 35 (87 ) Identities of putative fathers can only be 36 released pursuant to procedures contained in chapter 3, title 9, Idaho Code. 37 (98 ) To cover the cost of implementing and 38 maintaining said registry, the vital statistics unit of the department of 39 health and welfare shall charge a registration fee of ten dollars ($10.00) at 40 the time the putative father registers his intent to exercise his parental 41 rights. It is the intent of the legislature that the fee shall cover all 42 direct and indirect costs incurred pursuant to this section. The board of 43 health and welfare shall annually review the fees and expenses incurred pursu- 44 ant to administering the provisions of this section. ]]] 2 1 (109 ) Consistent with its authority denoted in 2 the vital statistics act, section 39-242(c), Idaho Code, the board of health 3 and welfare shall adopt, amend and repeal regulations for the purpose of car- 4 rying out the provisions of this section.". 5 AMENDMENT TO SECTION 3 6 On page 6, delete lines 3 through 14, and insert: 7 " Where the putative father has failed to timely register a claim for 8 paternity, notice under this section shall not be required unless such 9 putative father is one of those persons specifically set forth in subsection 10 (5) of section 16-1513, Idaho Code. ". 11 AMENDMENT TO SECTION 4 12 On page 6, in line 53, following " Code " insert: " , 13 unless such putative father is one of those persons specifically set forth in 14 subsection (5) of section 16-1513, Idaho Code ". 15 CORRECTION TO TITLE 16 On page 1, in line 4, following "REGISTERED" insert: ", TO PROVIDE THE 17 EFFECT OF A SEXUAL RELATIONSHIP WITH A WOMAN BY A BIOLOGICAL FATHER AND TO 18 PROVIDE FOR SERVICE OF NOTICE OF A TERMINATION OF PARENTAL RIGHTS OR AN ADOP- 19 TION PROCEEDING ON CERTAIN PERSONS"; delete lines 7 through 9 and insert: 20 "SECTION 16-2007, IDAHO CODE, TO PROVIDE THAT WHERE THE PUTATIVE FATHER HAS 21 FAILED TO TIMELY REGISTER A CLAIM FOR PATERNITY NOTICE SHALL NOT BE REQUIRED 22 WITH EXCEPTIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING". Moved by Hammond Seconded by Gould IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO S.B. NO. 1134, As Amended 23 AMENDMENTS TO SECTION 2 24 On page 5 of the engrossed bill, delete lines 20 through 23, inclusive; in 25 line 24, delete "gh " and insert: "g"; in line 26, 26 following "Code" delete the remainder of the line and all of line 27, and 27 insert: "."; delete lines 28 through 31, and insert: 28 "h. Unless a consent to termination signed by the parent(s) of the child 29 has been filed by an adoption agency licensed in the state of Idaho, or unless 30 the consent to termination was filed in conjunction with a petition for adop- 31 tion of the child, the court shall hold a hearing."; in line 34, following 32 "Code" delete the remainder of the line and all of line 35, and insert: ".". 33 AMENDMENT TO THE BILL 34 On page 1, delete lines 18 through 43, delete page 2, and on page 3, 35 delete lines 1 through 44; also on page 3, in line 45, delete "SECTION 2" and 36 insert: "SECTION 1"; and on page 5, delete lines 47 through 53 and delete 37 pages 6 and 7, and insert: 38 "SECTION 2. An emergency existing therefor, which emergency is hereby 39 declared to exist, this act shall be in full force and effect on and after its 40 passage and approval.". 41 CORRECTIONS TO TITLE ]]] 3 1 On page 1, delete lines 3 through 6, and in line 7, delete "TION PROCEED- 2 ING ON CERTAIN PERSONS; AMENDING SECTION"; in line 9, following "CORRECTIONS", 3 delete the remainder of the line and all of lines 10 through 16, and insert: 4 "; and declaring an emergency.".
STATEMENT OF PURPOSE
RS08786C1
This bill contains one amendment to Idaho's Adoption Law and four
amendments to the Idaho Termination Statute to require putative
fathers to file a paternity claim in order to receive notice of a
birth of a child, or a notice of a termination or adoption proceeding
regarding that child.
Section 1 amends Section 16-1513 to eliminate the notice requirement
of a putative father who has failed to file with the Vital Statistics
Unit of the Idaho Department of Health and Welfare.
Section 2 amends 16-2005 to ensure that the Idaho courts will accept a
termination or relinquishment of parental rights from a sister state
and that notice to a putative father who has failed to register
pursuant to 16-1513 is not necessary.
Section 3 amends 16-2007 to provide that a putative father, by
engaging in a sexual relationship with a woman is deemed to be on
notice that a pregnancy, and that a termination and an adoption
proceeding regarding the child, may occur. The putative father has a
duty to protect his own rights and interests and is entitled to notice
of a birth, or a notice of a termination or an adoption proceeding
regarding that child, only if he has filed a timely claim for
paternity.
Section 9 amends 16-2009 to provide that a social study is not
necessary with respect to the putative father who has failed to
register a timely claim for paternity.
Section 5 amends 16-2009 to provide that a hearing is not necessary
with respect to the putative father who has failed to register a
timely claim for paternity.
FISCAL IMPACT
This legislation will provide significant financial savings for birth
mothers, birth fathers, adoptive parents, and licensed adoption
agencies by eliminating the substantial time, effort and publication
costs now required to try and locate and notify putative fathers who
have failed to register a timely claim for paternity.
The work and time of the Court in issuing publication orders to locate
non-registered putative fathers will be decreased.
There will be no negative impact on the state General Fund or on local
jurisdictions. The time and cost by the Department of Health and
Welfare currently spent doing social studies of non-registered
putative fathers will be eliminated. The existing $16.00 fee for
putative fathers to register will cover costs by the Health and
Welfare Vital Statistics Unit.
CONTACT: Senator Grant Ipsen, 332-1326
STATEMENT OF PURPOSE/ FISCAL NOTE S1134