2000 Legislation
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SENATE BILL NO. 1315, As Amended, As Amended in the House – Parent rights terminated, grounds

SENATE BILL NO. 1315, As Amended, As Amended in the House

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Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


                      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