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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
H0508|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN 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.
AH0508|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved 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 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