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
|||| 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 adjudicationthe 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.
|||| 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