2000 Legislation
Print Friendly

SENATE BILL NO. 1317, As Amended – Parental right terminated, grounds

SENATE BILL NO. 1317, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


                      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