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S1317aa...............................................by HEALTH AND WELFARE
PARENTAL RIGHTS - TERMINATION - Amends existing law to provide additional
grounds for termination of parental rights related to murder, voluntary
manslaughter or felony assault or battery which resulted in serious bodily
injury of a sibling of the child.
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 - Stegner
Title apvd - to House
02/21 House intro - 1st rdg as amen - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/23 3rd rdg as amen - PASSED - 65-0-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Cuddy, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), 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, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Crow, Deal, Henbest, Wood
Floor Sponsor - Moss
Title apvd - to Senate
03/24 To enrol
03/27 Rpt enrol - Pres signed - Sp signed
03/28 To Governor
03/29 Governor signed
Session Law Chapter 77
Effective: 07/01/00
S1317
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1317, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO CONDITIONS GOVERNING TERMINATION OF PARENTAL RIGHTS; AMENDING SEC-
3 TION 16-2005, IDAHO CODE, TO PROVIDE GROUNDS FOR TERMINATION OF PARENTAL
4 RIGHTS RELATED TO MURDER, VOLUNTARY MANSLAUGHTER, FELONY ASSAULT OR BAT-
5 TERY WHICH RESULTED IN SERIOUS BODILY INJURY OF ANOTHER SIBLING OF THE
6 CHILD AND TO MAKE A TECHNICAL CORRECTION; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 16-2005, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
11 grant an order terminating the relationship where it finds one (1) or more of
12 the following conditions exist:
13 a. The parent has abandoned the child by having willfully failed to main-
14 tain a normal parental relationship including, but not limited to, reasonable
15 support or regular personal contact; failure of the parent to maintain this
16 relationship without just cause for a period of one (1) year shall constitute
17 prima facie evidence of abandonment under this section. Provided further, that
18 where termination is sought by a grandparent seeking to adopt the child, will-
19 ful failure of the parent to maintain a normal parental relationship as pro-
20 vided herein, without just cause, for six (6) months shall constitute prima
21 facie evidence of abandonment.
22 b. The parent has neglected or abused the child. Neglect as used herein
23 shall mean a situation in which the child lacks parental care necessary for
24 his health, morals and well-being.
25 c. The presumptive parent is not the natural parent of the child.
26 d. The parent is unable to discharge parental responsibilities because of
27 mental illness or mental deficiency, and there are reasonable grounds to
28 believe the condition will continue for a prolonged indeterminate period and
29 will be injurious to the health, morals or well-being of the child.
30 e. If termination is found to be in the best interest of the parent and
31 child, where the petition has been filed by a parent or through an authorized
32 agency, or interested party.
33 f. Where a consent to termination in the manner and form prescribed by
34 this act has been filed by the parent(s) of the child in conjunction with a
35 petition for adoption initiated by the person or persons proposing to adopt
36 the child, or where the consent to termination has been filed by a licensed
37 adoption agency, no subsequent hearing on the merits of the petition shall be
38 held. Consents required by this act must be witnessed by a district judge or
39 magistrate of a district court, or equivalent judicial officer of the state,
40 where a person consenting resides or is present, whether within or without the
41 county, and shall be substantially in the following form:
42 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
43 AND FOR THE COUNTY OF ....
2
1 In the Matter of the termination )
2 of the parental rights of )
3 ................... )
4 ................... )
5 I (we), the undersigned, being the .... of ...., do hereby give my (our)
6 full and free consent to the complete and absolute termination of my (our)
7 parental right(s), to the said ...., who was born ...., 19.., unto ....,
8 hereby relinquishing completely and forever, all legal rights, privileges,
9 duties and obligations, including all rights of inheritance to and from the
10 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing
11 on the petition to terminate my (our) parental relationship with the said
12 ...., and respectfully request the petition be granted.
13 DATED: ...., 19...
14 ...................
15 STATE OF IDAHO )
16 ) ss.
17 COUNTY OF .... )
18 On this .... day of ...., 19.., before me, the undersigned ...., ....
19 (Judge or Magistrate) of the District Court of the .... Judicial District of
20 the state of Idaho, in and for the county of ...., personally appeared ....,
21 known to me (or proved to me on the oath of ....) to be the person(s) whose
22 name(s) is (are) subscribed to the within instrument, and acknowledged to me
23 that he (she, they) executed the same.
24 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
25 seal the day and year in this certificate first above written.
26 ...................... (District Judge or Magistrate)
27 The court shall accept a consent or a surrender and release executed in
28 another state if:
29 (1) It is witnessed by a magistrate or district judge of the state where
30 signed; or
31 (2) The court receives an affidavit or a certificate from a court of com-
32 parable jurisdiction stating that the consent or the surrender and release
33 was executed in accordance with the laws of the state in which it was exe-
34 cuted, or the court is satisfied by other showing that the consent or sur-
35 render and release was executed in accordance with the laws of the state
36 in which it was executed; or
37 (3) The court shall accept a termination or relinquishment from a sister
38 state that has been ordered by a court of competent jurisdiction under
39 like proceedings; or in any other manner authorized by the laws of a sis-
40 ter state. In a state where the father has failed to file notice of claim
41 to paternity and willingness to assume responsibility as provided for pur-
42 suant to the laws of such state, and where such failure constitutes an
43 abandonment of such child and constitutes a termination or relinquishment
44 of the rights of the putative father, the court shall accept such failure
45 as a termination in this state without further hearing on the merits, if
46 the court is satisfied that such failure constitutes a termination or
47 relinquishment of parental rights pursuant to the laws of that state.
48 g. Where consent to termination of parental rights is implied by reason
49 of the failure of a putative father to establish paternity in the manner pre-
50 scribed in section 16-1513, Idaho Code.
51 h. Unless a consent to termination signed by the parent(s) of the child
52 has been filed by an adoption agency licensed in the state of Idaho, or unless
53 the consent to termination was filed in conjunction with a petition for adop-
54 tion of the child, the court shall hold a hearing.
55 i. In the case of a father's parental relationship, where the father has
3
1 failed to file notice of claim to paternity and willingness to assume respon-
2 sibility as provided in section 16-1513(3), Idaho Code.
3 j. The court may grant termination as to a parent:
4 (1) Who caused the child to be conceived as a result of rape, incest,
5 lewd conduct with a minor child under sixteen (16) years, or sexual abuse
6 of a child under the age of sixteen (16) years, as defined in section
7 16-2002 n., Idaho Code; or
8 (2) Who murdered or intentionally killed the other parent of the child;
9 or if the court determines the parent has been convicted of murder or vol-
10 untary manslaughter of another sibling of the child or has aided, abetted,
11 conspired or solicited to commit such murder or voluntary manslaughter
12 and/or if the court determines the parent has been convicted of a felony
13 assault or battery which resulted in serious bodily injury to the child or
14 a sibling; or
15 (3) Who has been incarcerated and has no possibility of parole; or
16 (4) If a court determines the child to be an abandoned infant.
17 There is a rebuttable presumption that termination of the parent-child rela-
18 tionship in any of the circumstances provided in subsection j. of this section
19 is in the best interest of the child.
20 SECTION 2. This act shall be in full force and effect on and after July
21 1, 2000.
AS1317
|||| 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. 1317
1 AMENDMENTS TO SECTION 1
2 On page 3 of the printed bill, in line 9, delete "committed" and insert:
3 "been convicted of"; in line 12, delete "committed" and insert: "been con-
4 victed of", and also in line 12, following "assault" insert: "or battery".
5 CORRECTIONS TO TITLE
6 On page 1, in line 4, delete "OR" and insert ",", and also in line 4, fol-
7 lowing "ASSAULT" insert: "OR BATTERY".
STATEMENT OF PURPOSE
RS09336
This legislation is designed to make changes to the Termination
of Parent and Child Relationship Act to ensure Idaho's compliance
with the Adoption and Safe Families Act of 1997. This bill
amends Idaho Code Section 16-2005, to provide that the court
may grant a termination of parental rights if the court determines
the 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 has resulted in serious bodily injury to the child or a sibling.
This bill will ensure grounds for a termination of the parent child
relationship are consistent with the Child Protection Act mandate
that a petition to terminate be filed under circumstances of an
egregious nature where reasonable efforts to reunify the family
are not required.
FISCAL IMPACT
No fiscal impact
CONTACT
Name: Anna Sever
Agency: Dept. of Health and Welfare
Phone: 334-5920
Statement of Purpose/Fiscal Impact S1317