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S1315aa,aaH...........................................by HEALTH AND WELFARE
PARENTAL RIGHTS - TERMINATION - Amends existing law to provide additional
conditions requiring the Department of Health and Welfare to file a
petition for termination when the parent commits certain criminal acts
against a sibling of the child; and to provide a method of calculating the
time a child has been in care.
01/26 Senate intro - 1st rdg - to printing
01/27 Rpt prt - to Health/Wel
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/07 To 14th Ord
02/11 Rpt out amen - to engros
02/14 Rpt engros - 1st rdg - to 2nd rdg as amen
02/15 2nd rdg - to 3rd rdg as amen
02/18 3rd rdg as amen - PASSED - 34-0-1
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Branch
Floor Sponsor - Wheeler
Title apvd - to House
02/21 House intro - 1st rdg as amen - to Health/Wel
03/09 Rpt out - to Gen Ord
03/14 Rpt out amen - to engros
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 58-0-12
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Marley, Meyer,
Montgomery, Mortensen, Moss, Pearce, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Barrett, Crow, Deal, Geddes, Jones, Mader,
McKague, Moyle, Pischner, Sellman, Stone, Mr Speaker
Floor Sponsor - Bieter
Title apvd - to Senate
03/30 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/31 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Wheeler
Title apvd - to enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/12 Governor signed
Session Law Chapter 233
Effective: 07/01/00
S1315
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1315, As Amended, As Amended in the House
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO TERMINATION OF PARENTAL RIGHTS; AMENDING SECTION 16-1615, IDAHO
3 CODE, TO PROVIDE ADDITIONAL CONDITIONS REQUIRING THE DEPARTMENT TO FILE A
4 PETITION FOR TERMINATION WHEN THE PARENT HAS BEEN CONVICTED OF CERTAIN
5 CRIMINAL ACTS AGAINST ANOTHER SIBLING OF THE CHILD; AMENDING SECTION
6 16-1623, IDAHO CODE, TO PROVIDE THE METHOD FOR DETERMINING THE LENGTH OF
7 TIME A CHILD HAS BEEN IN CARE AND TO MAKE A TECHNICAL CORRECTION; AND PRO-
8 VIDING AN EFFECTIVE DATE.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 16-1615, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been
13 placed in the custody of the department or under its protective supervision
14 pursuant to section 16-1610, Idaho Code, the department may petition the court
15 for termination of the parent and child relationship in accordance with chap-
16 ter 20, title 16, Idaho Code. Unless there are compelling reasons it would not
17 be in the best interest of the child, the department shall be required to file
18 a petition to terminate parental rights within sixty (60) days of a judicial
19 determination that an infant has been abandoned or that reasonable efforts, as
20 defined in section 16-1610(b)(2)(iv), Idaho Code, are not required because the
21 court determines the parent has been convicted of murder or voluntary man-
22 slaughter of another sibling of the child or has aided, abetted, attempted,
23 conspired or solicited to commit such murder or voluntary manslaughter and/or
24 if the court determines the parent has been convicted of a felony assault or
25 battery which resulted in serious bodily injury to the child or a sibling. The
26 department shall join as a party to the petition if such a petition to termi-
27 nate is filed by another party; as well as to concurrently identify, recruit,
28 process and approve a qualified family for adoption unless it is determined
29 that such actions would not be in the best interest of the child, or the child
30 is placed with a relative. If termination of parental rights is granted and
31 the child is placed in the guardianship or legal custody of the department of
32 health and welfare the court, upon petition, shall conduct a hearing as to the
33 future status of the child within twelve (12) months of the order of termina-
34 tion of parental rights, and every twelve (12) months subsequently until the
35 child is adopted or is in a placement sanctioned by the court.
36 SECTION 2. That Section 16-1623, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
39 conjunction with the court and other public and private agencies and persons,
40 shall have the primary responsibility to implement the purpose of this chap-
41 ter. To this end, the department is empowered and shall have the duty to do
2
1 all things reasonably necessary to carry out the purpose of this chapter,
2 including, but not limited to, the following:
3 (a) The department shall administer treatment programs for the protection
4 and care of neglected, abused and abandoned children, and in so doing may
5 place in foster care, shelter care, group homes or other diagnostic, treat-
6 ment, or care centers or facilities, children of whom it has been given cus-
7 tody. The department is to be governed by the standards found in chapter 12,
8 title 39, chapter 12, Idaho Code.
9 (b) On December 1, the department shall make an annual statistical report
10 to the governor covering the preceding fiscal year showing the number and sta-
11 tus of persons in its custody and including such other data as will provide
12 sufficient facts for sound planning in the conservation of children and youth.
13 All officials and employees of the state and of every county and city shall
14 furnish the department upon request, such information within their knowledge
15 and control as the department deems necessary. Local agencies shall report in
16 such uniform format as may be required by the department.
17 (c) The department shall be required to maintain a central registry for
18 the reporting of child neglect, abuse and abandonment information.
19 (d) The department shall make periodic evaluation of all persons in its
20 custody or under its supervision for the purpose of determining whether exist-
21 ing orders and dispositions in individual cases shall be modified or continued
22 in force. Evaluations may be made as frequently as the department considers
23 desirable and shall be made with respect to every person at intervals not
24 exceeding six (6) months. Reports of evaluation made pursuant to this section
25 shall be filed with the court which vested custody of the person with the
26 department. Reports of evaluation shall be provided to persons having full or
27 partial legal or physical custody of a child. Failure of the department to
28 evaluate a person or to reevaluate him within six (6) months of a previous
29 examination shall not of itself entitle the person to a change in disposition
30 but shall entitle him, his parent, guardian or custodian or his counsel to
31 petition the court pursuant to section 16-1611, Idaho Code.
32 (e) In a consultive capacity, the department shall assist communities in
33 the development of constructive programs for the protection, prevention and
34 care of children and youth.
35 (f) The department shall keep written records of investigations, evalua-
36 tions, prognosis and all orders concerning disposition or treatment of every
37 person over whom it has legal custody. Department records shall be subject to
38 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
39 ordered by the court, the person consents to the disclosure, or disclosure is
40 necessary for the delivery of services to the person. Notwithstanding the pro-
41 visions restricting disclosure or the exemptions from disclosure provided in
42 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
43 rehabilitation of youth, the protection of children, evaluation, treatment
44 and/or disposition records pertaining to the statutory responsibilities of the
45 department shall be disclosed to any duly elected state official carrying out
46 his official functions.
47 (g) The department shall establish appropriate administrative procedures
48 for the processing of complaints of child neglect, abuse and abandonment
49 received and for the implementation of the protection, treatment and care of
50 children formally or informally placed in the custody of the department under
51 this chapter.
52 (h) The department having been granted legal custody of a child, subject
53 to the judicial review provisions of this subsection, shall have the right to
54 determine where and with whom the child shall live, provided that the child
55 shall not be placed outside the state without the court's consent. Provided
3
1 however, that the court shall retain jurisdiction over the child, which juris-
2 diction shall be entered on any order or petition granting legal custody to
3 the department, and the court shall have jurisdiction over all matters relat-
4 ing to the child. The department shall not place the child in the home from
5 which the court ordered the child removed without first obtaining the approval
6 of the court.
7 (i) The department shall give to the court any information concerning the
8 child that the court may at any time require, but in any event shall report
9 the progress of the child under its custody at intervals of not to exceed six
10 (6) months. There shall be a rebuttable presumption that if a child is placed
11 in the custody of the department and was also placed in out of the home care
12 for a period not less than fifteen (15) out of the last twenty-two (22) months
13 from the date of adjudication the child entered shelter care, the department
14 shall initiate a petition for termination of parental rights. This presumption
15 may be rebutted by a finding of the court that the filing of a petition for
16 termination of parental rights would not be in the best interests of the child
17 or reasonable efforts have not been provided to reunite the child with his
18 family, or the child is placed permanently with a relative.
19 (j) The department shall establish appropriate administrative procedures
20 for the conduct of administrative reviews and hearings as required by federal
21 statute for all children committed to the department and placed in out of home
22 care.
23 (k) At any time the department is considering a placement pursuant to
24 this act, the department shall make a reasonable effort to place the child in
25 the least disruptive environment to the child and in so doing may consider,
26 without limitation, placement of the child with related persons.
27 SECTION 3. This act shall be in full force and effect on and after July
28 1, 2000.
AS1315
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Wheeler
Seconded by Stegner
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1315
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 20, delete "committed" and insert:
3 "been convicted of"; in line 23, delete "committed" and insert: "been con-
4 victed of"; and in line 24, following "assault" insert: "or battery".
5 CORRECTION TO TITLE
6 On page 1, in line 4, delete "COMMITS" and insert: "HAS BEEN CONVICTED
7 OF".
Moved by Moss
Seconded by Bieter
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1315, As Amended
8 AMENDMENT TO SECTION 1
9 On page 1 of the engrossed bill, in line 19, delete "of an abandoned
10 infant" and insert: "that an infant has been abandoned", and also in line 19,
11 following "efforts" insert: ", as defined in section 16-1610(b)(2)(iv), Idaho
12 Code,".
STATEMENT OF PURPOSE
RS09335
The Adoption and Safe Families Act (ASFA)of 1997 mandates states
file a petition to terminate parental rights within sixty (60)
days of a judicial determination that an infant has been abandoned
or that a parent has committed murder or voluntary manslaughter
of another sibling of the child or has aided, abetted, conspired
or solicited to commit such murder or voluntary manslaughter and/or
if the court determines the parent has committed a felony assault
which resulted in serious bodily injury to the child or a sibling.
Idaho Code does not currently mandate such a filing, therefore,
Section 16-1615, Idaho Code, is amended to provide the Department
must file a petition to terminate parental rights under the previously s
pecified conditions. Section 16-1623 is amended to clarify that for
the purposes of counting the length of time a child has been in care,
the date the child entered shelter care shall be used instead of the
date of adjudication. This change is needed to address the problem
of children being in care long periods of time (sometimes over a year)
before adjudication and, therefore the state is out of compliance with
the ASFA mandate that a petition to terminate parental rights is filed
if the child has been in care 15 out of 22 months.
FISCAL IMPACT
No fiscal impact
CONTACT
Name: Anna Sever
Agency: Dept. of Health and Welfare
Phone: 334-5920
Statement of Purpose/Fiscal Impact S131