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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 - 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.
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
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