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
|||| 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.
|||| 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