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H0506aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
ADOPTION - Amends, repeals and adds to existing law to revise Idaho's
adoption law to require putative fathers to file a paternity claim in order
to receive notice of a birth of a child or notice of a termination or
adoption proceeding regarding that child.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 42-25-3
AYES -- Barraclough, Barrett, Bell, Black, Bruneel, Callister,
Campbell, Cheirrett, Clark, Crow, Deal, Denney, Ellsworth, Field(20),
Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Kempton,
Kendell, Kunz, Lake, Linford, Loertscher, Mader, McKague, Mortensen,
Moss, Moyle, Pearce, Pomeroy, Schaefer, Stevenson, Stoicheff, Taylor,
Tilman, Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Alltus, Bieter, Boe, Chase, Cuddy, Henbest, Hornbeck, Jaquet,
Jones, Judd, Marley, Meyer, Montgomery, Pischner, Reynolds, Ridinger,
Ringo, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stone,
Trail(Miller)
Absent and excused -- Field(13), Geddes, Kellogg
Floor Sponsor - Moss
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Health/Wel
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/08 To 14th Ord
03/15 Rpt out amen - to 1st rdg as amen
03/16 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 19-16-0
AYES--Andreason, Bunderson, Burtenshaw, Darrington, Davis, Frasure,
Geddes, Hawkins, Ingram, Ipsen, Lee, Parry, Richardson, Risch, Sandy,
Stegner, Thorne, Wheeler, Williams
NAYS--Boatright, Branch, Cameron, Crow, Danielson, Deide, Dunklin,
Keough, King-Barrutia, McLaughlin, Noh, Riggs, Schroeder, Sorensen,
Stennett, Whitworth
Absent and excused--None
Floor Sponsor - Ipsen
Title apvd - to House
03/22 House concurred in Senate amens - to engros
03/23 Rpt engros - 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 48-18-4
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Moss, Moyle, Pearce, Pischner,
Pomeroy, Schaefer, Stevenson, Stoicheff, Taylor, Tilman, Trail,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Bieter, Boe, Chase, Henbest, Hornbeck, Jaquet, Jones, Meyer,
Montgomery, Reynolds, Ridinger, Ringo, Robison, Sali, Shepherd,
Smith, Smylie, Stone
Absent and excused -- Hansen(29), Judd, Mortensen, Sellman
Floor Sponsor - Moss
Title apvd - to enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
04/04 Governor signed
Session Law Chapter 171
Effective: 07/01/00
H0506
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 506, As Amended in the Senate
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO ADOPTION; AMENDING CHAPTER 15, TITLE 16, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 16-1501A, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT
4 REGARDING RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS;
5 AMENDING SECTION 16-1504, IDAHO CODE, TO PROVIDE NECESSARY CONSENT TO
6 ADOPTION AND TO PROVIDE THAT A PROCEEDING TO ESTABLISH PATERNITY MAY BE
7 FILED PRIOR TO THE BIRTH OF THE CHILD; REPEALING SECTION 16-1505, IDAHO
8 CODE; AMENDING CHAPTER 15, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW
9 SECTION 16-1505, IDAHO CODE, TO PROVIDE FOR NOTICE OF ADOPTION PROCEED-
10 INGS; AMENDING SECTION 16-1506, IDAHO CODE, TO PROVIDE THAT NOTHING IN THE
11 STATUTES ON ADOPTION SHALL BE CONSTRUED AS LIMITING THE INITIATION OF ANY
12 APPROPRIATE JUDICIAL PROCEEDING PRIOR TO THE BIRTH OF THE CHILD WHICH IS
13 THE SUBJECT OF ANY ADOPTION PROCEEDING; REPEALING SECTION 16-1510, IDAHO
14 CODE; AMENDING SECTION 16-1513, IDAHO CODE, TO PROVIDE FOR PROCEDURES OF
15 REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS AND TO
16 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-2002, IDAHO CODE, TO FUR-
17 THER DEFINE TERMS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
18 16-2005, IDAHO CODE, TO DELETE LANGUAGE WHERE THE PUTATIVE FATHER HAS
19 FAILED TO ESTABLISH PATERNITY OR HAS FAILED TO FILE NOTICE OF CLAIM TO
20 PATERNITY AND WILLINGNESS TO ASSUME RESPONSIBILITY AND TO MAKE TECHNICAL
21 CORRECTIONS; AMENDING SECTION 16-2007, IDAHO CODE, TO REVISE NOTICE PRO-
22 CEEDINGS FOR GUARDIAN AD LITEM AND TO MAKE A TECHNICAL CORRECTION; AMEND-
23 ING SECTION 16-2008, IDAHO CODE, TO REVISE REQUIREMENTS FOR SOCIAL STUDY
24 OR INVESTIGATIONS OF A PUTATIVE FATHER; AND AMENDING SECTION 16-2010,
25 IDAHO CODE, TO REVISE REQUIREMENTS FOR A DECREE TERMINATING THE PARENT-
26 CHILD RELATIONSHIP.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Chapter 15, Title 16, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 16-1501A, Idaho Code, and to read as follows:
31 16-1501A. RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS.
32 (1) The legislature finds that the rights and interests of all parties
33 affected by an adoption proceeding must be considered and balanced in deter-
34 mining what constitutional protections and processes are necessary and appro-
35 priate.
36 (2) The legislature finds that:
37 (a) The state has a compelling interest in providing stable and permanent
38 homes for adoptive children in a prompt manner, in preventing the disrup-
39 tion of adoptive placements, and in holding parents accountable for meet-
40 ing the needs of children;
41 (b) An unmarried mother, faced with the responsibility of making crucial
42 decisions about the future of a newborn child, is entitled to privacy, and
43 has the right to make timely and appropriate decisions regarding her
2
1 future and the future of the child, and is entitled to assurance regarding
2 the permanence of an adoptive placement;
3 (c) Adoptive children have a right to permanence and stability in adop-
4 tive placements;
5 (d) Adoptive parents have a constitutionally protected liberty and pri-
6 vacy interest in retaining custody of an adopted child; and
7 (e) An unmarried biological father has an inchoate interest that acquires
8 constitutional protection only when he demonstrates a timely and full com-
9 mitment to the responsibilities of parenthood, both during pregnancy and
10 upon the child's birth. The state has a compelling interest in requiring
11 unmarried biological fathers to demonstrate that commitment by providing
12 appropriate medical care and financial support and by establishing legal
13 paternity, in accordance with the requirements of this chapter.
14 (3) (a) The legislature prescribes the conditions for determining whether
15 an unmarried biological father's action is sufficiently prompt and sub-
16 stantial to require constitutional protection pursuant to sections 16-1504
17 and 16-1513, Idaho Code.
18 (b) If an unmarried biological father fails to grasp the opportunities to
19 establish a relationship with his child that are available to him, his
20 biological parental interest may be lost entirely, or greatly diminished
21 in constitutional significance by his failure to timely exercise it, or by
22 his failure to strictly comply with the available legal steps to substan-
23 tiate it.
24 (c) A certain degree of finality is necessary in order to facilitate the
25 state's compelling interest. The legislature finds that the interest of
26 the state, the mother, the child, and the adoptive parents described in
27 this section outweigh the interest of an unmarried biological father who
28 does not timely grasp the opportunity to establish and demonstrate a rela-
29 tionship with his child in accordance with the requirements of this chap-
30 ter.
31 (d) An unmarried biological father has the primary responsibility to pro-
32 tect his rights.
33 (e) An unmarried biological father is presumed to know that the child may
34 be adopted without his consent unless he strictly complies with the provi-
35 sions of this chapter, manifests a prompt and full commitment to his
36 parental responsibilities, and establishes paternity.
37 (4) The legislature finds that an unmarried mother has a right of privacy
38 with regard to her pregnancy and adoption plan, and therefore has no legal
39 obligation to disclose the identity of an unmarried biological father prior to
40 or during an adoption proceeding, and has no obligation to volunteer informa-
41 tion to the court with respect to the father.
42 SECTION 2. That Section 16-1504, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 16-1504. NECESSARY CONSENT OF PARENTS, GUARDIAN, NEAREST RELATIVE, OR
45 NEXT FRIEND OF CHILD -- EXCEPTIONS TO ADOPTION. (1) A child cannot be adopted
46 without the consent of its parents, if living, except that the consent of a
47 putative father whose paternity has not been legally established by order of a
48 court of competent jurisdiction shall be implied as provided in section
49 16-1513, Idaho Code, nor without the consent of its guardian if one has been
50 legally appointed or, if no living parents or guardian, then of its nearest
51 relative; if no relative, then by the consent of some person appointed by the
52 judge to act in the proceedings as the next friend to such child. The consent
53 of a parent who is a minor shall not be voidable because of that minority Con-
3
1 sent to adoption is required from:
2 (a) The adoptee, if he is more than twelve (12) years of age, unless he
3 does not have the mental capacity to consent;
4 (b) Both parents or the surviving parent of an adoptee who was conceived
5 or born within a marriage, unless the adoptee is eighteen (18) years of
6 age or older;
7 (c) The mother of an adoptee born outside of marriage;
8 (d) Any biological parent who has been adjudicated to be the child's bio-
9 logical father by a court of competent jurisdiction prior to the mother's
10 execution of consent;
11 (e) An unmarried biological father of an adoptee only if the requirements
12 and conditions of subsection (2)(a) or (b) of this section have been
13 proven;
14 (f) Any legally appointed custodian or guardian of the adoptee;
15 (g) The guardian or conservator of a disabled or incapacitated adult, if
16 one has been appointed;
17 (h) The adoptee's spouse, if any; and
18 (i) An unmarried biological father who has filed a voluntary acknowledg-
19 ment of paternity with the vital statistics unit of the department of
20 health and welfare pursuant to section 7-1106, Idaho Code; and
21 (j) The father of an illegitimate child who has adopted the child by
22 acknowledgment pursuant to section 16-1510, Idaho Code.
23 (2) In accordance with subsection (1) of this section, the consent of an
24 unmarried biological father is necessary only if the father has strictly com-
25 plied with the requirements of this section.
26 (a) (i) With regard to a child who is placed with adoptive parents more
27 than six (6) months after birth, an unmarried biological father shall
28 have developed a substantial relationship with the child, taken some
29 measure of responsibility for the child and the child's future, and
30 demonstrated a full commitment to the responsibilities of parenthood
31 by financial support of the child, of a fair and reasonable sum and
32 in accordance with the father's ability, when not prevented from
33 doing so by the person or authorized agency having lawful custody of
34 the child, and either:
35 1. Visiting the child at least monthly when physically and
36 financially able to do so, and when not prevented from doing so
37 by the person or authorized agency having lawful custody of the
38 child; or
39 2. Have regular communication with the child or with the person
40 or agency having the care or custody of the child, when physi-
41 cally and financially unable to visit the child, and when not
42 prevented from doing so by the person or authorized agency hav-
43 ing lawful custody of the child.
44 (ii) The subjective intent of an unmarried biological father,
45 whether expressed or otherwise, unsupported by evidence of acts spec-
46 ified in this subsection shall not preclude a determination that the
47 father failed to meet the requirements of this subsection.
48 (iii) An unmarried biological father who openly lived with the child
49 for a period of six (6) months within the one (1) year period after
50 the birth of the child and immediately preceding placement of the
51 child with adoptive parents, and who openly held himself out to be
52 the father of the child during that period, shall be deemed to have
53 developed a substantial relationship with the child and to have
54 otherwise met the requirements of this subsection.
55 (b) With regard to a child who is under six (6) months of age at the time
4
1 he is placed with adoptive parents, an unmarried biological father shall
2 have manifested a full commitment to his parental responsibilities by per-
3 forming all of the acts described in this subsection prior to the place-
4 ment for adoption of the child in the home of prospective parents or prior
5 to the date of commencement of any proceeding to terminate the parental
6 rights of the birth mother, whichever event occurs first. The father
7 shall:
8 (i) Commence proceedings to establish paternity under section
9 7-1111, Idaho Code, and file with that court a sworn affidavit stat-
10 ing that he is fully able and willing to have full custody of the
11 child, setting forth his plans for the care of the child, and agree-
12 ing to a court order of child support and the payment of expenses
13 incurred in connection with the mother's pregnancy and the child's
14 birth;
15 (ii) File a notice of his commencement of proceedings to establish
16 his paternity of the child with the vital statistics unit of the
17 department of health and welfare pursuant to section 16-1513, Idaho
18 Code; and
19 (iii) If he had actual knowledge of the pregnancy, pay a fair and
20 reasonable amount of the expenses incurred in connection with the
21 mother's pregnancy and the child's birth, in accordance with his
22 means, and when not prevented from doing so by the person or autho-
23 rized agency having lawful custody of the child.
24 (3) An unmarried biological father whose consent is required under sub-
25 section (1) or (2) of this section may nevertheless lose his right to consent
26 if the court determines, in accordance with the requirements and procedures of
27 the termination of parent and child relationship act, sections 16-2001 through
28 16-2015, Idaho Code, that his rights should be terminated, based on the peti-
29 tion of any party as set forth in section 16-2004, Idaho Code.
30 (4) If there is no showing that an unmarried biological father has con-
31 sented to or waived his rights regarding a proposed adoption, the petitioner
32 shall file with the court a certificate from the vital statistics unit of the
33 department of health and welfare, signed by the state registrar of vital sta-
34 tistics, stating that a diligent search has been made of the registry of
35 notices from putative fathers, of a child born out of wedlock, and that the
36 putative father involved has not filed notice of his commencement of proceed-
37 ings to establish his paternity, or if a filing is found, stating the name of
38 the putative father and the time and date of filing. That certificate shall
39 be filed with the court prior to the entrance of the final decree of adoption.
40 (5) An unmarried biological father who does not fully and strictly comply
41 with each of the conditions provided in this section, is deemed to have waived
42 and surrendered any right in relation to the child, including the right to
43 notice of any judicial proceeding in connection with the adoption of the
44 child, and his consent to the adoption of the child is not required.
45 (6) A minor parent has the power to consent to the adoption of his or her
46 child. That consent is valid and has the same force and effect as a consent
47 executed by an adult parent. A minor parent, having executed a consent, can-
48 not revoke that consent upon reaching the age of majority or otherwise becom-
49 ing emancipated.
50 (7) No consent shall be required of, nor notice given to, any person
51 whose parental relationship to such child shall have been terminated in accor-
52 dance with the provisions of either chapter 16 or 20, title 16, Idaho Code, or
53 by a court of competent jurisdiction of a sister state under like proceedings;
54 or in any other manner authorized by the laws of a sister state. Where a vol-
55 untary child placement agency licensed by the state in which it does business
5
1 is authorized to place a child for adoption and to consent to such child's
2 adoption under the laws of such state, the consent of such agency to the adop-
3 tion of such child in a proceeding within the state of Idaho shall be valid
4 and no further consents or notices shall be required.
5 (28) A petition to adopt an adult may be granted only if written consent
6 to adoption has been executed by the adult being adopted and the adult's
7 spouse, if any, and by the guardian or conservator of a disabled or incapaci-
8 tated adult, if one has been appointed The legislature finds that an unmarried
9 biological father who resides in another state may not, in every circumstance,
10 be reasonably presumed to know of, and strictly comply with, the requirements
11 of this chapter. Therefore when all of the following requirements have been
12 met, that unmarried biological father may contest an adoption, prior to
13 finalization of the decree of adoption, and assert his interest in the child:
14 (a) The unmarried biological father resides and has resided in another
15 state where the unmarried mother was also located or resided;
16 (b) The mother left that state without notifying or informing the unmar-
17 ried biological father that she could be located in the state of Idaho;
18 (c) The unmarried biological father has, through every reasonable means,
19 attempted to locate the mother but does not know or have reason to know
20 that the mother is residing in the state of Idaho; and
21 (d) The unmarried biological father has complied with the most stringent
22 and complete requirements of the state where the mother previously resided
23 or was located, in order to protect and preserve his parental interest and
24 rights in the child in cases of adoption.
25 (9) Notwithstanding section 7-1107, Idaho Code, a proceeding to establish
26 paternity filed pursuant to this section may be filed prior to the birth of
27 the child.
28 SECTION 3. That Section 16-1505, Idaho Code, be, and the same is hereby
29 repealed.
30 SECTION 4. That Chapter 15, Title 16, Idaho Code, be, and the same is
31 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
32 ignated as Section 16-1505, Idaho Code, and to read as follows:
33 16-1505. NOTICE OF ADOPTION PROCEEDINGS. (1) Notice of an adoption pro-
34 ceeding shall be served on each of the following persons:
35 (a) Any person or agency whose consent or relinquishment is required
36 under section 16-1504, Idaho Code, unless that right has been terminated
37 by waiver, relinquishment, consent or judicial action, or their parental
38 rights have been previously terminated;
39 (b) Any person who has registered notice of the commencement of paternity
40 proceedings pursuant to section 16-1513, Idaho Code;
41 (c) The petitioner's spouse, if any, only if he or she has not joined in
42 the petition;
43 (d) Any person who is recorded on the birth certificate as the child's
44 father, with the knowledge and consent of the mother, unless such right to
45 notice or parental rights have been previously terminated;
46 (e) Any person who is openly living in the same household with the child
47 at the time the mother's consent is executed or relinquishment made, and
48 who is holding himself out to be the child's father, unless such rights to
49 notice or parental rights have been previously terminated; and
50 (f) Any person who is married to the child's mother at the time she exe-
51 cutes her consent to the adoption or relinquishes the child for adoption.
52 (2) An unmarried biological father, by virtue of the fact that he has
6
1 engaged in a sexual relationship with a woman, is deemed to be on notice that
2 a pregnancy and an adoption proceeding regarding that child may occur, and has
3 a duty to protect his own rights and interests. He is therefore entitled to
4 actual notice of a birth or an adoption proceeding with regard to that child
5 only as provided in this section.
6 (3) Notice provided in accordance with this section need not disclose the
7 name of the mother of the child who is the subject of an adoption proceeding.
8 (4) The notice required by this section may be served immediately after
9 commencement of proceedings to adopt a child but shall be served at least
10 twenty (20) days prior to the final dispositional hearing. The notice shall
11 specifically state that the person served must respond to the petition for
12 adoption within twenty (20) days of service if he intends to intervene in or
13 contest the adoption.
14 (5) (a) Any person who has been served with notice of an adoption pro-
15 ceeding and who wishes to contest the adoption shall file a written objec-
16 tion to the adoption in the adoption proceeding within twenty (20) days
17 after service. The written objection shall set forth specific relief
18 sought and be accompanied by a memorandum specifying the factual and legal
19 grounds upon which the written objection is based.
20 (b) Any person who fails to file a written objection to the adoption
21 within twenty (20) days after service of notice waives any right to fur-
22 ther notice in connection with the adoption, forfeits all rights in rela-
23 tion to the adoptee, and is barred from thereafter bringing or maintaining
24 any action to assert any interest in the adoptee.
25 (6) Service of notice under this section shall be made as follows:
26 (a) With regard to a person whose consent is necessary under section
27 16-1504, Idaho Code, notice shall be given by personal service. Where rea-
28 sonable efforts to effect personal service have been unsuccessful, the
29 court shall order service by registered or certified mail to the last
30 known address of the person to be notified and by publication once a week
31 for three (3) successive weeks in a newspaper or newspapers to be desig-
32 nated by the court as most likely to give notice to the person to be
33 served. The hearing shall take place no sooner than twenty (20) days after
34 service of notice, or where service is by registered or certified mail and
35 publication, the hearing shall take place no sooner than twenty (20) days
36 after the date of last publication. Notice and appearance may be waived by
37 any person in writing before the court or in the presence of, and wit-
38 nessed by, a clerk of court or a representative of an authorized agency,
39 provided that such parent has been apprised by the court or by such person
40 of the meaning and consequences of the adoption proceeding. Where the per-
41 son entitled to notice resides outside the state, the waiver shall be
42 acknowledged before a notary of the state and shall contain the current
43 address of said person. The person who has executed such a waiver shall
44 not be required to appear. If service is by publication, the court shall
45 designate the content of the notice regarding the identity of the parties.
46 The notice may not include the name of the person or persons seeking to
47 adopt the adoptee.
48 (b) As to any other person for whom notice is required under this sec-
49 tion, service by certified mail, return receipt requested, is sufficient.
50 If that service cannot be completed after two (2) attempts, the court may
51 issue an order providing for service by publication, posting, or by any
52 other manner of service.
53 (c) Notice to a person who has registered a notice of his commencement of
54 paternity proceedings with the vital statistics unit of the department of
55 health and welfare in accordance with the requirements of section 16-1513,
7
1 Idaho Code, shall be served by certified mail, return receipt requested,
2 at the last address filed with the department.
3 (7) Proof of service of notice on all persons for whom notice is required
4 by this section shall be filed with the court before the final dispositional
5 hearing on the adoption.
6 (8) Notwithstanding any other provision of law, neither the notice of an
7 adoption proceeding nor any process in that proceeding is required to contain
8 the name of the person or persons seeking to adopt the adoptee.
9 (9) Except as to those persons whose consent to an adoption is required
10 under section 16-1504, Idaho Code, the sole purpose of notice under this sec-
11 tion is to enable the person served to present evidence to the court relevant
12 to the best interest of the child.
13 SECTION 5. That Section 16-1506, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 16-1506. PROCEEDINGS ON ADOPTION. (1) Proceedings to adopt a child shall
16 be commenced by the filing of a petition together with a copy thereof. Said
17 petition shall be initiated by the person or persons proposing to adopt the
18 child and shall be filed with the district court of the county in which said
19 person or persons reside. The petitioners shall have resided and maintained a
20 dwelling within the state of Idaho for at least six (6) consecutive months
21 prior to the filing of a petition. The petition shall set forth the name and
22 address of the petitioner or petitioners, the name of the child proposed to be
23 adopted and the name by which the person to be adopted shall be known if and
24 when adopted, the degree of relationship of the child, if any, to the peti-
25 tioner or petitioners and the names of any person or agency whose consent to
26 said adoption is necessary. At the time fixed for hearing such petition the
27 person adopting a child, and the child adopted, and the spouse of petitioner
28 if a natural parent of the child, must appear before the court of the county
29 wherein the petition was filed. Petitioner shall at such time execute an
30 agreement to the effect that the child shall be adopted and treated in all
31 respects as his own lawful child should be treated.
32 (2) Any person or persons whose consent is required shall execute such
33 consent in writing, in a form consistent with the provisions of subsection f.
34 of section 16-2005, Idaho Code, which consent being filed in the court where
35 the application is made, shall be deemed a sufficient appearance on the part
36 of such person or persons. If any adoptive parent, or a person not a minor
37 being adopted by a resident adult under the provisions of section 16-1501,
38 Idaho Code, is a member of the armed services and is unable to attend the
39 hearing, his appearance and testimony shall be received by means of deposi-
40 tion, which shall be filed in the court at the time of the hearing.
41 (3) Prior to the placement for adoption of any child in the home of pro-
42 spective adoptive parents, it shall be required that a thorough social inves-
43 tigation of the prospective adoptive family and all of its members, consistent
44 with the rules regarding such investigations promulgated by the department of
45 health and welfare, shall be completed and that a positive recommendation for
46 adoptive placement shall have been made. The social investigation may be per-
47 formed by any individual who meets the requirements of the law. A copy of the
48 study must be submitted to the department and the department may impose a rea-
49 sonable fee, not to exceed fifty dollars ($50.00), for oversight of such pri-
50 vately conducted studies. In those instances where the prospective adoptive
51 parent is married to the birth parent or is the grandparent of the child to be
52 adopted, such social investigation shall be completed with regard to the pro-
53 spective adoptive parent only upon order of the court. In exigent circum-
8
1 stances where the prospective adoptive parents are determined by the court to
2 have been unable to complete a social investigation of the family with a posi-
3 tive recommendation prior to the time the child is placed in the home, the
4 child shall remain in the home unless the court determines the best interests
5 of the child are served by other placement. If exigent circumstances exist, a
6 social investigation shall be initiated within five (5) days of placement.
7 Once initiated, all studies shall be completed within sixty (60) days. Upon
8 the filing of a petition to adopt a minor child by a person unrelated to the
9 child or unmarried to a natural parent of the child and at the discretion of
10 the court upon the filing of any other petition for adoption, a copy of such
11 petition, together with a statement containing the full names and permanent
12 addresses of the child and the petitioners, shall be served by the court
13 receiving the petition within five (5) days on the director of the department
14 of health and welfare by registered mail or personal service. If no private
15 investigation is conducted, it shall then be the duty of the said director,
16 through the personnel of the department or through such qualified child-
17 placing children's adoption agency incorporated under chapter 3, title 30,
18 Idaho Code, as the director may designate, to verify the allegations of the
19 petition, and as soon as possible not exceeding thirty (30) days after service
20 of the petition on the director to make a thorough investigation of the matter
21 to include in all cases information as to the alleged date and place of birth
22 and as to parentage of the child to be adopted as well as the source of all
23 such information and report his findings in writing to the court. The investi-
24 gative report shall include reasonably known or available medical and genetic
25 information regarding both natural parents and sources of such information as
26 well as reasonably known or available providers of medical care and services
27 to the natural parents. A copy of all medical and genetic information compiled
28 in the investigation shall be made available to the adopting family by the
29 department or other investigating children's adoption agency prior to entry of
30 the final order of adoption. The petition, statement and all other papers,
31 records or files relating to the adoption, including the preplacement investi-
32 gation and recommendation, shall be returned to the court with the investiga-
33 tive report. The department of health and welfare or other children's adoption
34 agency may require the petitioner to pay all or any part of the costs of the
35 investigation. If the report disapproves of the adoption of the child, motion
36 may be made to the court to dismiss the petition.
37 (4) Proceedings for termination of parent-child relationship in accor-
38 dance with chapter 20, title 16, Idaho Code, and proceedings for adoption may
39 be consolidated and determined at one (1) hearing provided that all of the
40 requirements of this chapter as well as chapter 20, title 16, Idaho Code, be
41 fully complied with. Nothing in either chapter shall be construed as limiting
42 the initiation of any petition for approval of a verified financial plan for
43 adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth
44 of the child which is the subject of any adoption proceeding. In all disputed
45 matters under this chapter or chapter 20, title 16, Idaho Code, the paramount
46 criterion for consideration and determination by the court shall be the best
47 interests of the child.
48 (5) Proceedings for the adoption of an adult shall be as provided in sub-
49 section (1) of this section and any consents required shall be executed as
50 provided in subsection (2) of this section. Upon a finding by the court that
51 the consent of all persons for whom consent is required has been given and
52 that the requirements of section 16-1501, Idaho Code, have been proven to the
53 satisfaction of the court, the court shall enter an order granting the adop-
54 tion. In cases where the adult proposed to be adopted is incapacitated or dis-
55 abled, the court may require that an investigation be performed. The form and
9
1 extent of the investigation to be undertaken may be as provided in subsection
2 (3) of this section, or as otherwise ordered by the court. If an investiga-
3 tion is performed, the court must review and approve the findings of the
4 investigation before issuing an order approving the adoption.
5 SECTION 6. That Section 16-1510, Idaho Code, be, and the same is hereby
6 repealed.
7 SECTION 7. That Section 16-1513, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 16-1513. CLAIM REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PRO-
10 CEEDINGS. (1) A person who is the father or claims to be the father of a child
11 born out-of-wedlock out of wedlock may claim rights pertaining to his pater-
12 nity of the child by registering commencing proceedings to establish paternity
13 under section 7-1111, Idaho Code, and by filing with the vital statistics unit
14 of the department of health and welfare, a notice of his claim of paternity to
15 notice of his commencement of proceedings to establish his paternity of the
16 child born out-of-wedlock and his willingness and intent to support the child
17 to the best of his ability out of wedlock. The vital statistics unit of the
18 department of health and welfare shall provide forms for the purpose of regis-
19 tering filing the notice of commencement of paternity proceedings, and the
20 forms shall be made available through the vital statistics unit of the Idaho
21 department of health and welfare and in the office of the county clerk in
22 every county of this state. When making a claim of filing a notice of the com-
23 mencement of paternity proceedings, a person who is the father or claims to be
24 the father of a child born out-of-wedlock out of wedlock, shall mail to file
25 with the vital statistics unit of the department of health and welfare, the
26 completed form prescribed by the vital statistics unit of the department of
27 health and welfare. Said form will be filled out completely, signed by the
28 person claiming paternity, and witnessed before a notary public.
29 (2) The claim notice of the commencement of paternity proceedings may be
30 registered filed prior to the birth of the child, but must be registered filed
31 prior to the placement for adoption of the child in the home of prospective
32 parents or prior to the date of any termination proceeding, or proceeding
33 wherein the child is placed with an agency licensed to provide adoption ser-
34 vices. The claim of paternity commencement of any proceeding to terminate the
35 parental rights of the birth mother, whichever event occurs first. The notice
36 of the commencement of paternity proceedings shall be signed by the registrant
37 person filing the notice and shall include his name and address, the name and
38 last address of the mother, and either the birthdate birth date of the child
39 or the probable month and year of the expected birth of the child. The vital
40 statistics unit of the department of health and welfare shall maintain a reg-
41 istry for this purpose which shall be subject to disclosure according to chap-
42 ter 3, title 9, Idaho Code. The department shall record the date and time the
43 notice of the commencement of proceedings is filed with the department. The
44 notice shall be deemed to be duly filed with the department as of the date and
45 time recorded on the notice by the department.
46 (3) If the unmarried biological father does not know the county in which
47 the birth mother resides, he may initiate his action in any county, subject to
48 a change in venue.
49 (4) Any father of such a child born out of wedlock who fails to file and
50 register his notice of claim to paternity and willingness to assume responsi-
51 bility for the commencement of paternity proceedings prior to the placement
52 for adoption of the child in the home of prospective parents or prior to the
10
1 date of commencement of any proceeding to terminate the parental rights of the
2 birth mother, whichever event occurs first, is deemed to have waived and sur-
3 rendered any right in relation to the child and shall be barred from thereaf-
4 ter bringing or maintaining any action to establish his paternity of the
5 child. Failure of such filing or registration shall constitute an abandonment
6 of said child. and shall be prima facie evidence of sufficient grounds to sup-
7 port termination of such father's parental rights in accordance with section
8 16-2005, Idaho Code, and to adoption for the purposes of section 16-1504,
9 Idaho Code. The filing and registering of a notice of claim to paternity and
10 willingness to assume responsibility for the child The filing and registration
11 of a notice of the commencement of paternity proceedings by a putative father
12 shall also constitute prima facie evidence of the fact of his paternity in any
13 contested proceeding under chapter 11, title 7, Idaho Code., but The filing of
14 a notice of the commencement of paternity proceedings shall not be a bar to an
15 action for termination of his parental rights under chapter 20, title 16,
16 Idaho Code. The filing of an action under chapter 11, title 7, Idaho Code, by
17 such putative father at any time prior to the date scheduled for hearing of a
18 petition for termination of his parental rights, as shown in the notice
19 thereof duly served upon such putative father pursuant to section 16-2007,
20 Idaho Code, shall constitute an automatic stay of such termination proceeding
21 until a final order of the court has been entered in the paternity action. If
22 the court in the paternity action establishes the paternity of such putative
23 father, the court in the termination proceeding may dismiss the termination
24 proceeding. If the court in the paternity action does not establish the
25 paternity of such putative father, or if such putative father fails to com-
26 mence a paternity action in the manner set forth in section 7-1111, Idaho
27 Code, and to request, but at his own expense, the blood tests provided for in
28 section 7-1116, Idaho Code, prior to the date set for the hearing on the peti-
29 tion for termination of parental rights, he shall be barred from thereafter
30 bringing or maintaining any action to establish his paternity of the child and
31 such failure shall also constitute an abandonment of the child and shall be
32 prima facie evidence of sufficient grounds to support and shall constitute an
33 implied consent to termination of such father's parental rights in accordance
34 with section 16-2005, Idaho Code, and to adoption for the purposes of section
35 16-1504, Idaho Code.
36 (4) The department of health and welfare, division of family and
37 children's services, private adoption agencies or attorneys and/or their rep-
38 resentatives involved in adoptions shall notify all putative fathers by per-
39 sonal service at least ten (10) days prior to the date of any termination pro-
40 ceeding or proceeding wherein the child is placed with an agency licensed to
41 provide adoption services, of their need to register their intent to support
42 and exercise their rights and responsibilities toward the child born out-of-
43 wedlock, whether born or unborn.
44 (5) If personal service cannot be obtained, then service by publication,
45 notifying the father of the requirement to register his claim of paternity
46 with the vital statistics unit of the department of health and welfare prior
47 to the date of any termination proceeding or proceeding wherein the child is
48 placed with an agency licensed to provide adoption services, shall be suffi-
49 cient. Service by publication shall include sending of notice by registered or
50 certified mail to the last known address of the person to be notified and pub-
51 lication of the notice once a week for three (3) successive weeks in a news-
52 paper of general circulation within the county where the court is located.
53 Notification by publication must be completed at least ten (10) days prior to
54 any termination proceeding, or proceeding wherein the child is placed with an
55 agency licensed to provide adoption services.
11
1 (6) Notice of the requirement to register, as provided in this section,
2 may be combined with a notice of termination of parental rights, as provided
3 in chapter 20, title 16, Idaho Code.
4 (75) In any termination adoption proceeding pertaining to a child born
5 out-of-wedlock out of wedlock, if there is no showing that the putative father
6 has consented to termination prior to the granting of a decree allowing the
7 termination the adoption, a certificate shall be obtained from the vital sta-
8 tistics unit of the department of health and welfare, signed by the state reg-
9 istrar of vital statistics, which certificate shall state that a diligent
10 search has been made of the registry of notices from putative fathers, of a
11 child born out-of-wedlock, and that no filing has been found pertaining to the
12 father of the child in question, or if a filing is found, stating the name of
13 the putative father involved is not registered and the time and date of fil-
14 ing. That certificate shall be filed with the court prior to entry of a final
15 decree of adoption.
16 (86) Identities of putative fathers can only be released pursuant to pro-
17 cedures contained in chapter 3, title 9, Idaho Code.
18 (97) To cover the cost of implementing and maintaining said registry, the
19 vital statistics unit of the department of health and welfare shall charge a
20 registration filing fee of ten dollars ($10.00) at the time the putative
21 father registers his intent to exercise his parental rights files his notice
22 of his commencement of proceedings. It is the intent of the legislature that
23 the fee shall cover all direct and indirect costs incurred pursuant to this
24 section. The board of health and welfare shall annually review the fees and
25 expenses incurred pursuant to administering the provisions of this section.
26 (108) Consistent with its authority denoted in the vital statistics act,
27 section 39-242(c), Idaho Code, the board of health and welfare shall adopt,
28 amend and repeal regulations rules for the purpose of carrying out the provi-
29 sions of this section.
30 SECTION 8. That Section 16-2002, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 16-2002. DEFINITIONS. When used in this act, unless the text otherwise
33 requires:
34 a. "Court" means the district court.
35 b. "Child" or "minor" means a person less than eighteen (18) years of
36 age.
37 c. The singular includes the plural, the plural the singular, and the
38 masculine the feminine, when consistent with the intent of the act.
39 d. "Neglected" used with respect to a child refers to those situations in
40 which the child lacks proper support or parental care necessary for his
41 health, morals, and well-being.
42 e. "Abuse" used with respect to a child refers to those situations in
43 which physical cruelty in excess of that required for reasonable disciplinary
44 purposes has been inflicted by a parent or other person in whom legal custody
45 of the child has been vested.
46 f. "Legal custody" means status created by court order embodying the fol-
47 lowing rights and responsibilities:
48 (1) tThe right to physical possession of the child,;
49 (2) tThe right and duty to protect, train and discipline the child,; and
50 (3) tThe responsibility to provide the child with food, shelter, educa-
51 tion and medical care,;
52 provided that such rights and responsibilities shall be exercised subject to
53 the powers, rights, duties and responsibilities of the guardian of the person.
12
1 g. "Guardianship of the person" means those rights and duties imposed
2 upon a person appointed as guardian of a minor under the laws of Idaho. It
3 includes but is not necessarily limited either in number or kind to:
4 (1) tThe authority to consent to marriage, to enlistment in the armed
5 forces of the United States, and to major medical, psychiatric and surgi-
6 cal treatment; to represent the minor in legal actions; and to make other
7 decisions concerning the child of substantial legal significance;
8 (2) tThe authority and duty of reasonable visitation, except to the
9 extent that such right of visitation has been limited by court order;
10 (3) tThe rights and responsibilities of legal custody except where legal
11 custody has been vested in another individual or in an authorized child
12 placement agency;
13 (4) wWhen the parent and child relationship has been terminated by judi-
14 cial decree with respect to the parents, or only living parent, or when
15 there is no living parent, the authority to consent to the adoption of the
16 child and to make any other decision concerning the child which the
17 child's parents could make.
18 h. "Guardian ad litem" means a person appointed as such pursuant to law,
19 by the court to protect the interest of a minor or an incompetent in a case
20 before the court.
21 i. "Authorized agency" means the state department of health and welfare
22 or a voluntary child placement agency licensed to care for and place children
23 by the state department of health and welfare.
24 j. "Parent" means:
25 (1) Tthe birth mother or the adoptive mother; or
26 (2) Tthe birth, adoptive, or legal father;, whose parental rights have
27 not been terminated
28 (3) The biological father of a child conceived or born during the
29 father's marriage to the birth mother;
30 (4) The unmarried biological father whose consent to an adoption of the
31 child is required pursuant to section 15-1504, Idaho Code;
32 (5) A man whose paternity is established by court decree; and
33 (6) An unmarried biological father who has filed a voluntary acknowledg-
34 ment of paternity with the vital statistics unit of the department of
35 health and welfare pursuant to section 7-1106, Idaho Code; and
36 (7) The father of an illegitimate child who has adopted the child by
37 acknowledgment pursuant to section 16-1510, Idaho Code.
38 k. "Presumptive father" means a man who is or was married to the birth
39 mother and the child is born during the marriage or within three hundred (300)
40 days after the marriage is terminated.
41 l. "Parent and child relationship" includes all rights, privileges,
42 duties and obligations existing between parent and child, including inheri-
43 tance rights, and shall be construed to include adoptive parents.
44 lm. "Protective supervision" means a legal status created by court order
45 in proceedings not involving violations of the law but where the legal custody
46 of the child is subject to change, whereby the child is permitted to remain in
47 his home under the supervision of an authorized agency designated by the court
48 and is subject to return to the court during the period of protective supervi-
49 sion.
50 mn. "Parties" includes the child and the petitioners.
51 no. "Rape," (18-6101, Idaho Code); "lewd conduct with a minor child under
52 sixteen," (18-1508, Idaho Code); "sexual abuse of a child under the age of
53 sixteen years," (18-1506, Idaho Code); and "incest" (18-6602, Idaho Code)
54 shall be defined as provided in the applicable provisions of title 18, Idaho
55 Code, but for purposes of this chapter shall not include any circumstance
13
1 where the parents of the child in question were married at the time of concep-
2 tion.
3 p. "Unmarried biological father," as used in this chapter and chapter 15,
4 title 16, Idaho Code, means the biological father of a child, which biological
5 father was not married to the child's mother at the time the child was con-
6 ceived or born.
7 q. "Unmarried biological mother," as used in this chapter, means the bio-
8 logical mother of a child, which biological mother was not married to the
9 child's biological father at the time the child was conceived or born.
10 SECTION 9. That Section 16-2005, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
13 grant an order terminating the relationship where it finds one (1) or more of
14 the following conditions exist:
15 a. The parent has abandoned the child by having willfully failed to main-
16 tain a normal parental relationship including, but not limited to, reasonable
17 support or regular personal contact; failure of the parent to maintain this
18 relationship without just cause for a period of one (1) year shall constitute
19 prima facie evidence of abandonment under this section. Provided further, that
20 where termination is sought by a grandparent seeking to adopt the child, will-
21 ful failure of the parent to maintain a normal parental relationship as pro-
22 vided herein, without just cause, for six (6) months shall constitute prima
23 facie evidence of abandonment.
24 b. The parent has neglected or abused the child. Neglect as used herein
25 shall mean a situation in which the child lacks parental care necessary for
26 his health, morals and well-being.
27 c. The presumptive parent is not the natural parent of the child.
28 d. The parent is unable to discharge parental responsibilities because of
29 mental illness or mental deficiency, and there are reasonable grounds to
30 believe the condition will continue for a prolonged indeterminate period and
31 will be injurious to the health, morals or well-being of the child.
32 e. If termination is found to be in the best interest of the parent and
33 child, where the petition has been filed by a parent or through an authorized
34 agency, or interested party.
35 f. Where a consent to termination in the manner and form prescribed by
36 this act has been filed by the parent(s) of the child in conjunction with a
37 petition for adoption initiated by the person or persons proposing to adopt
38 the child, or where the consent to termination has been filed by a licensed
39 adoption agency, no subsequent hearing on the merits of the petition shall be
40 held. Consents required by this act must be witnessed by a district judge or
41 magistrate of a district court, or equivalent judicial officer of the state,
42 where a person consenting resides or is present, whether within or without the
43 county, and shall be substantially in the following form:
44 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
45 AND FOR THE COUNTY OF ....
46 In the Matter of the termination )
47 of the parental rights of )
48 ................... )
49 ................... )
50 I (we), the undersigned, being the .... of ...., do hereby give my (our)
51 full and free consent to the complete and absolute termination of my (our)
52 parental right(s), to the said ...., who was born ...., 19...., unto ....,
53 hereby relinquishing completely and forever, all legal rights, privileges,
14
1 duties and obligations, including all rights of inheritance to and from the
2 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing
3 on the petition to terminate my (our) parental relationship with the said
4 ...., and respectfully request the petition be granted.
5 DATED: ...., 1920...
6 ...................
7 STATE OF IDAHO )
8 ) ss.
9 COUNTY OF .... )
10 On this .... day of ...., 1920.., before me, the undersigned ...., ....
11 (Judge or Magistrate) of the District Court of the .... Judicial District of
12 the state of Idaho, in and for the county of ...., personally appeared ....,
13 known to me (or proved to me on the oath of ....) to be the person(s) whose
14 name(s) is (are) subscribed to the within instrument, and acknowledged to me
15 that he (she, they) executed the same.
16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
17 seal the day and year in this certificate first above written.
18 ...................... (District Judge or Magistrate)
19 The court shall accept a consent or a surrender and release executed in
20 another state if:
21 (1) It is witnessed by a magistrate or district judge of the state where
22 signed; or
23 (2) The court receives an affidavit or a certificate from a court of com-
24 parable jurisdiction stating that the consent or the surrender and release
25 was executed in accordance with the laws of the state in which it was exe-
26 cuted, or the court is satisfied by other showing that the consent or sur-
27 render and release was executed in accordance with the laws of the state
28 in which it was executed; or
29 (3) The court shall accept a termination or relinquishment from a sister
30 state that has been ordered by a court of competent jurisdiction under
31 like proceedings; or in any other manner authorized by the laws of a sis-
32 ter state. In a state where the father has failed to file notice of claim
33 to paternity and willingness to assume responsibility as provided for pur-
34 suant to the laws of such state, and where such failure constitutes an
35 abandonment of such child and constitutes a termination or relinquishment
36 of the rights of the putative father, the court shall accept such failure
37 as a termination in this state without further hearing on the merits, if
38 the court is satisfied that such failure constitutes a termination or
39 relinquishment of parental rights pursuant to the laws of that state.
40 g. Where consent to termination of parental rights is implied by reason
41 of the failure of a putative father to establish paternity in the manner pre-
42 scribed in section 16-1513, Idaho Code.
43 h. Unless a consent to termination signed by the parent(s) of the child
44 has been filed by an adoption agency licensed in the state of Idaho, or unless
45 the consent to termination was filed in conjunction with a petition for adop-
46 tion of the child, the court shall hold a hearing.
47 i. In the case of a father's parental relationship, where the father has
48 failed to file notice of claim to paternity and willingness to assume respon-
49 sibility as provided in section 16-1513(3), Idaho Code.
50 jh. The court may grant termination as to a parent:
51 (1) Who caused the child to be conceived as a result of rape, incest,
52 lewd conduct with a minor child under sixteen (16) years, or sexual abuse
53 of a child under the age of sixteen (16) years, as defined in section
54 16-2002 n., Idaho Code;
55 (2) Who murdered or intentionally killed the other parent of the child;
15
1 or
2 (3) Who has been incarcerated and has no possibility of parole.
3 There is a rebuttable presumption that termination of the parent-child rela-
4 tionship in any of the circumstances provided in subsection jh. of this sec-
5 tion is in the best interest of the child.
6 SECTION 10. That Section 16-2007, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been
9 filed, the court shall set the time and place for hearing, and shall cause
10 notice thereof to be given to the petitioner, the parents of the child if mar-
11 ried, the mother of the child if unmarried, those persons entitled to notice
12 pursuant to section 16-1513, Idaho Code, the guardian of the person of the
13 child, the person having legal custody of the child, any individual standing
14 in loco parentis to the child, and the guardian ad litem of any party, or if
15 service cannot be had on the parent or guardian, then upon the nearest blood
16 relative named in the petition. The division of welfare of the Idaho depart-
17 ment of health and welfare shall be given notice of the hearing if the peti-
18 tion for termination was not filed in conjunction with a petition for adoption
19 or by an adoption agency licensed by the state of Idaho. Notice shall be given
20 by personal service on the parents or guardian. Where reasonable efforts to
21 effect personal service have been unsuccessful, the court shall order service
22 by registered or certified mail to the last known address of the person to be
23 notified and by publication once a week for three (3) successive weeks in a
24 newspaper or newspapers to be designated by the court as most likely to give
25 notice to the person to be served. The hearing shall take place no sooner than
26 ten (10) days after service of notice, or where service is by registered or
27 certified mail and publication, the hearing shall take place no sooner than
28 ten (10) days after the date of last publication. Notice and appearance may be
29 waived by a parent in writing before the court or in the presence of, and wit-
30 nessed by, a clerk of court or a representative of an authorized agency, pro-
31 vided that such parent has been apprised by the court or by such person of the
32 meaning and consequences of the termination action. Where the parent resides
33 outside the state, the waiver shall be acknowledged before a notary of the
34 state and shall contain the current address of the parent. The parent who has
35 executed such a waiver shall not be required to appear. Where the parent is a
36 minor, the waiver shall be effective only upon approval by the court. When the
37 termination of the parent and child relationship is sought under section
38 16-2005(d.), Idaho Code, the court shall appoint a guardian ad litem for the
39 alleged incompetent parent. The court may in any other case appoint a guardian
40 ad litem, as may be deemed necessary or desirable, for any party. Where the
41 putative father has failed to timely commence proceedings to establish pater-
42 nity under section 7-1111, Idaho Code, and by filing with the vital statistics
43 unit of the department of health and welfare, notice of his commencement of
44 proceedings to establish his paternity of the child born out of wedlock,
45 notice under this section is not required unless such putative father is one
46 of those persons specifically set forth in section 16-1505(1), Idaho Code.
47 SECTION 11. That Section 16-2008, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 16-2008. INVESTIGATION PRIOR TO DISPOSITION. a. If a petition for adop-
50 tion is not filed in conjunction with a petition for termination, or the peti-
51 tion for termination was not filed by a children's adoption agency licensed by
16
1 the state of Idaho upon the filing of a petition for termination, the court
2 shall direct the department of health and welfare, bureau of child support
3 enforcement to submit a written financial analysis report within thirty (30)
4 days from date of notification, detailing the amount of any unreimbursed pub-
5 lic assistance moneys paid by the state of Idaho on behalf of the child. The
6 financial analysis shall include recommendations regarding repayment of
7 unreimbursed public assistance and provisions for future support for the
8 child, and the reasons therefor.
9 b. Upon the filing of a petition, the court may direct, in all cases
10 where written consent to termination has not been given as provided in this
11 act, that an investigation be made by the department of health and welfare,
12 division of family and children's services, or a licensed children's adoption
13 agency, and that a report in writing of such study be submitted to the court
14 prior to the hearing, except that where the department of health and welfare
15 or a licensed children's adoption agency is a petitioner, either in its own
16 right or on behalf of a parent, a report in writing of the investigation made
17 by such agency shall accompany the petition. The department of health and wel-
18 fare or the licensed children's adoption agency shall have thirty (30) days
19 from notification by the court during which it shall complete and submit its
20 investigation unless an extension of time is granted by the court upon appli-
21 cation by the agency. The court may order additional investigation as it deems
22 necessary. The social study shall include the circumstances of the petition,
23 the investigation, the present condition of the child and parents, proposed
24 plans for the child, and such other facts as may be pertinent to the parent
25 and child relationship, and the report submitted shall include a recommenda-
26 tion and the reasons therefor as to whether or not the parent and child rela-
27 tionship should be terminated. Where the parent is a minor, if the report does
28 not include a statement of contact with the parents of said minor, the reasons
29 therefor shall be set forth. The purpose of the investigation is to aid the
30 court in making disposition of the petition and shall be considered by the
31 court prior thereto.
32 c. No social study or investigation as provided for in paragraph b. of
33 this section shall be directed by the court with respect to the putative
34 father who has failed to timely commence proceedings to establish paternity
35 under section 7-1111, Idaho Code, and by filing with the vital statistics unit
36 of the department of health and welfare, notice of his commencement of pro-
37 ceedings to establish his paternity of the child, unless such putative father
38 is one of those persons specifically set forth in section 16-1505(1), Idaho
39 Code.
40 SECTION 12. That Section 16-2010, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 16-2010. DECREE. Every order of the court terminating the parent and
43 child relationship or transferring legal custody or guardianship of the person
44 of the child, or providing for protective supervision of the child, shall be
45 in writing and shall recite the findings upon which such order is based,
46 including findings pertaining to the court's jurisdiction.
47 a. If the court finds sufficient grounds exist for the termination of the
48 parent and child relationship, it shall so decree and:
49 (1) Appoint an individual as guardian of the child's person, or
50 (2) Appoint an individual as guardian of the child's person and vest
51 legal custody in another individual or in an authorized agency, or
52 (3) Appoint an authorized agency as guardian of the child's person and
53 vest legal custody in such agency.
17
1 (4) The decree shall also reflect that the parent has been notified of
2 the existence of the voluntary adoption registry, established in section
3 39-259A, Idaho Code.
4 The court shall also make an order fixing responsibility for the child's
5 support. The parent and child relationship may be terminated with respect to
6 one (1) parent without affecting the relationship between the child and the
7 other parent.
8 b. Where the court does not order termination of the parent and child
9 relationship, it shall dismiss the petition; provided, however, that where the
10 court finds that the best interest of the child requires substitution or sup-
11 plementation of parental care and supervision, it shall make an order placing
12 the child under protective supervision, or vesting temporary legal custody in
13 an authorized agency, fixing responsibility for temporary child support, and
14 designating the period of time during which the order shall remain in effect.
15 c. If termination of parental rights is granted and the child is placed
16 in the guardianship or legal custody of the department of health and welfare
17 the court, upon petition, shall conduct a hearing as to the future status of
18 the child within twelve (12) months of the order of termination of parental
19 rights, and every twelve (12) months subsequently until the child is adopted
20 or is in a placement sanctioned by the court.
AH0506
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Ipsen
Seconded by Lee
IN THE SENATE
SENATE AMENDMENTS TO H.B. NO. 506
1 AMENDMENTS TO SECTION 2
2 On page 3 of the printed bill, in line 14, delete "and"; in line 15, fol-
3 lowing "any" insert: "; and
4 (i) An unmarried biological father who has filed a voluntary acknowledg-
5 ment of paternity with the vital statistics unit of the department of
6 health and welfare pursuant to section 7-1106, Idaho Code; and
7 (j) The father of an illegitimate child who has adopted the child by
8 acknowledgment pursuant to section 16-1510, Idaho Code".
9 On page 5, in line 17, delete "." and insert: "."; following line 17
10 insert:
11 "(9) Notwithstanding section 7-1107, Idaho Code, a proceeding to estab-
12 lish paternity filed pursuant to this section may be filed prior to the birth
13 of the child.".
14 AMENDMENT TO SECTION 5
15 On page 8, in line 32, delete "appropriate judicial proceeding" and
16 insert: "petition for approval of a verified financial plan for adoption
17 expenses pursuant to section 18-1511, Idaho Code,".
18 AMENDMENTS TO SECTION 8
19 On page 12, in line 20, delete "and"; in line 21, following "decree"
20 delete the "." and insert: "; and
21 (6) An unmarried biological father who has filed a voluntary acknowledg-
22 ment of paternity with the vital statistics unit of the department of
23 health and welfare pursuant to section 7-1106, Idaho Code; and
24 (7) The father of an illegitimate child who has adopted the child by
25 acknowledgment pursuant to section 16-1510, Idaho Code.".
26 CORRECTION TO TITLE
27 On page 1, in line 6, following "ADOPTION" insert: "AND TO PROVIDE THAT A
28 PROCEEDING TO ESTABLISH PATERNITY MAY BE FILED PRIOR TO THE BIRTH OF THE
29 CHILD".
STATEMENT OF PURPOSE
RS09762C1
This bill amends Idaho's Adoption Law to require putative fathers to file a paternity claim in order
to receive notice of a birth of a child, or a notice of a termination or adoption proceeding
regarding that child. Given the state's compelling interest in providing a stable and permanent
home for adoptive children in a prompt manner, and the rights and interests of the birth mother
and adoptive parents, it established that an unmarried biological father has an inchoate interest
(opportunity interest) which requires constitutional protection only if he demonstrates
commitment to parenthood. An unmarried biological father would be entitled to notice of a birth
or an adoption proceeding only if he has filed a timely claim for paternity.
FISCAL NOTE
There will be no negative impact on the state general fund or on local jurisdictions. The time and
cost the Department of Health and Welfare currently spends doing social studies of non-registered
putative fathers will be eliminated. The existing filing fee for putative fathers to register will cover
costs by the Health and Welfare Vital Statistics Unit.
This legislation will provide a significant financial savings for birth mothers, adoptive parents and
licensed adoption agencies by eliminating the substantial time, effort and publication costs now
required to try and locate and notify putative fathers who have failed to register a timely claim for
paternity. It will also eliminate the cost to birth fathers who do not wish to assume responsibility
for their child to travel or take time off work to physically appear before a judge and sign away
their parental rights.
The work and time of the Court in issuing publication orders to locate non-registered putative
fathers will be decreased.
CONTACT: Sen Grant Ipsen
(208) 332-1000
Gary Montgomery
(208) 378-8882
STATEMENT OF PURPOSE/ FISCAL NOTE H 506