2000 Legislation
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HOUSE BILL NO. 508, As Amended, As Amended in the Senate – Adoption, challenge, time limit

HOUSE BILL NO. 508, As Amended, As Amended in the Senate

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Daily Data Tracking History



H0508aa,aaS..........................by JUDICIARY, RULES AND ADMINISTRATION
ADOPTION - Amends existing law to place a six-month limitation on all
challenges to an adoption order; and to provide reasons for an adoption
order to be overturned.
                                                                        
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to Jud
03/10    Rpt out - to Gen Ord
03/14    Rpt out amen - to engros
03/15    Rpt engros - 1st rdg - to 2nd rdg as amen
03/16    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 67-0-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, 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, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr
      Speaker
      NAYS -- None
      Absent and excused -- Crow, Ridinger, Stone
    Floor Sponsor - Moss
    Title apvd - to Senate
03/21    Senate intro - 1st rdg as amen - to Health/Wel
03/23    Rpt out - to 14th Ord
    Rpt out amen - to 1st rdg as amen
03/24    1st rdg - to 2nd rdg as amen
03/27    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 30-2-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Ingram, Ipsen, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Wheeler, Williams
      NAYS--Keough, Whitworth
      Absent and excused--Crow, Hawkins, Stennett
    Floor Sponsor - Ipsen
    Title apvd - to House
03/28    House concurred in Senate amens - to engros
03/29    Rpt engros - 1st rdg - to 2nd rdg as amen
    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 66-1-3
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, 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, Kunz, Lake, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Smith
      Absent and excused -- Crow, Shepherd, Tilman
    Floor Sponsor - Moss
    Title apvd - to enrol
03/30    Rpt enrol - Sp signed - Pres signed
03/31    To Governor
04/04    Governor signed
         Session Law Chapter 173
         Effective: 07/01/00

Bill Text


 H0508
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                  HOUSE BILL NO. 508, As Amended, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE ADOPTION OF CHILDREN; AMENDING SECTION 16-1512, IDAHO CODE, TO
  3        PLACE A SIX MONTH LIMITATION ON ALL CHALLENGES TO AN ADOPTION ORDER AND TO
  4        PROVIDE REASONS FOR AN ADOPTION ORDER TO BE OVERTURNED.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 16-1512, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        16-1512.  APPEAL  FROM  ORDER TO DISTRICT COURT -- BINDING EFFECT OF ADOP-
  9    TION ORDER. (1) An appeal may be taken to the district  court  of  the  county
 10    from  an  order  of the magistrates division of the district court granting or
 11    refusing to grant an order of adoption or from any other intermediate order in
 12    adoption proceedings.
 13        (2)  After the order of adoption by the court becomes final, no  party  to
 14    an  adoption proceeding, nor anyone claiming under such party, may later ques-
 15    tion the validity or the adoption proceedings  by  reason  of  any  defect  or
 16    irregularity  therein,  jurisdiction or otherwise, but shall be fully bound by
 17    the order, except for such appeal as may be allowed in subsection (1) of  this
 18    section.   In  no  event,  for any reason, other than fraud on the part of the
 19    party adopting a child, shall an adoption be overturned by any court  or  col-
 20    laterally  attacked by any person or entity after six (6) months from the date
 21    the order of adoption becomes final. This provision is intended as  a  statute
 22    of repose.

Amendment


 AH0508
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Moss                
                                                                        
                                                     Seconded by Gould               
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 508
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete line  23  and  in  line  24,  delete
  3    "tion." and insert: "date the order of adoption becomes final.".
                                                     Moved by    Sali                
                                                                        
                                                     Seconded by Moss                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 508
                                                                        
  4                                AMENDMENT TO SECTION 1
  5        On  page 1 of the printed bill, delete line 15 and insert: "(2)  After the
  6    order of adoption by the court becomes final,".
                                                     Moved by    King-Barrutia       
                                                                        
                                                     Seconded by Darrington          
                                                                        
                                                                        
                                       IN THE SENATE
                       SENATE AMENDMENTS TO H.B. NO. 508, AS AMENDED
                                                                        
  7                                AMENDMENT TO SECTION 1
  8        On page 1 of the engrossed bill, delete lines 24 through  27  and  insert:
  9    "of repose.".
                                                                        
 10                                AMENDMENT TO THE BILL
 11        On page 1, delete lines 28 through 30.
                                                                        
 12                                 CORRECTION TO TITLE
 13        On page 1, delete lines 3 through 6 and insert: "PLACE A SIX MONTH LIMITA-
 14    TION  ON  ALL  CHALLENGES  TO  AN ADOPTION ORDER AND TO PROVIDE REASONS FOR AN
 15    ADOPTION ORDER TO BE OVERTURNED.".

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS09764 
                           
     This legislation amends Section 16-1512, Idaho Code, to provide for a limitation
     on a party's ability to challenge an adoption after a final order of adoption is
     entered by a court. A party's right to challenge such an order would be limited to
     the right to appeal the order. An adoption could not be challenged,'for any reason,
     more than six (6) months after entry of the court order of adoption. As a statute of
     repose, the time period would run even if a party has not discovered the events
     giving rise to any cause of action relating to the adoption. This amendment will
     prevent efforts to disrupt adoptions and remove adopted children from their
     adopted homes except during the six (6) months after the adoption is finalized.
     
     
     
      
                     FISCAL NOTE 
     
     There will be no fiscal impact to the State of Idaho or any other government
     entity. 
     
     
     
     
     CONTACT:    Sen Grant lpsen
                (208)332-1000 
                Gary Montgomery
                (208) 378-8882 
     
                                                  STATEMENT OF PURPOSE/ FISCAL NOTE                         H 508