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H0185aa..............................by JUDICIARY, RULES AND ADMINISTRATION
CHILD PROTECTIVE ACT - Amends and adds to existing law to provide a
periodic review of cases in child protection proceedings; to provide
children with permanency, including concurrent planning; to provide for
jurisdiction; to provide for petitions in cases of homelessness; to require
certain assertions in a petition where a child has been or will be removed
from the home; to provide that, in certain cases, the court may endorse
upon the summons an order for removal of a child from his present condition
or surroundings and may vest legal custody with the Department of Health
and Welfare; to provide for hearings and pretrial conferences; to require
written findings; to provide for the binding effect and duration of certain
decrees and to require written case plans; to provide for review of a
representative selection of certain cases by a multidisciplinary team; to
require certain information in the case plan; to provide for entry into the
record of court approved case plans as orders of the court; to provide
that, in certain cases, the order will require reasonable efforts to
reunify the family or finalize placement of the child; to provide hearings
to review permanency plans; to provide for emergency removal; to provide
for temporary legal custody; to require appointment of counsel for the
guardian ad litem in certain child protection act cases; to provide for
appointment of separate counsel for the child in certain cases; to provide
for temporary legal guardians; and to require the Department of Health and
Welfare to file a permanency plan and recommendations with the court within
a specified time.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/22 Rpt out - to Gen Ord
Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/26 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Tilman,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Jones, Stone, Swan, Trail
Floor Sponsor -- Moss
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/05 Rpt out - rec d/p - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/19 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/20 To enrol
03/21 Rpt enrol - Sp signed
Pres signed
03/22 To Governor
03/22 Governor signed
Session Law Chapter 107
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 185
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE FOR A STATE POLICY INCLUDING THE PERIODIC REVIEW OF CASES IN CHILD
4 PROTECTION PROCEEDINGS, TO PROVIDE FOR CERTAIN COORDINATED EFFORTS AND
5 ACTIONS TO PREVENT HOMELESSNESS AND UNSTABLE HOME ENVIRONMENTS FOR CHIL-
6 DREN, TO PROVIDE CHILDREN WITH PERMANENCY INCLUDING CONCURRENT PLANNING
7 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1602, IDAHO CODE,
8 TO REVISE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
9 16-1603, IDAHO CODE, TO PROVIDE FOR JURISDICTION OVER CERTAIN CHILDREN AND
10 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1604, IDAHO CODE, TO
11 PROVIDE CORRECT TERMINOLOGY, TO IMPOSE CERTAIN DUTIES ON THE PARTIES
12 REGARDING OTHER ACTIONS AND ORDERS INVOLVING A CHILD, TO PROVIDE THAT
13 WHERE THERE ARE CERTAIN CONFLICTING ORDERS THE CHILD PROTECTION ORDER
14 SHALL CONTROL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1605,
15 IDAHO CODE, TO PROVIDE FOR PETITIONS IN CASES OF HOMELESSNESS OR UNSTABLE
16 HOME ENVIRONMENTS, TO REQUIRE CERTAIN ASSERTIONS IN A PETITION WHERE A
17 CHILD HAS BEEN OR WILL BE REMOVED FROM THE HOME, TO STRIKE A REFERENCE TO
18 PLACEMENT DUE TO IMMEDIATE DANGER, TO PROVIDE THAT THE COURT MAY COMBINE
19 PETITIONS AND HEARINGS IN CERTAIN CASES AND TO MAKE TECHNICAL CORRECTIONS;
20 AMENDING SECTION 16-1606, IDAHO CODE, TO PROVIDE THAT THE CLERK OF THE
21 COURT MAY ISSUE SUMMONS, TO DELETE A REFERENCE TO CERTAIN PERSONS BEING
22 SUMMONED INTO COURT, TO PROVIDE FOR SUMMONS FOR HEARING, TO PROVIDE THAT
23 IN CERTAIN CASES THE COURT MAY ENDORSE UPON THE SUMMONS AN ORDER FOR
24 REMOVAL OF A CHILD FROM HIS PRESENT CONDITION OR SURROUNDINGS AND MAY VEST
25 LEGAL CUSTODY WITH THE DEPARTMENT OF HEALTH AND WELFARE OR OTHER AUTHO-
26 RIZED AGENCY AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE ENDORSEMENT;
27 AMENDING CHAPTER 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
28 TION 16-1607A, IDAHO CODE, TO PROVIDE FOR HEARINGS UNDER THE CHILD PROTEC-
29 TIVE ACT; AMENDING SECTION 16-1608, IDAHO CODE, TO PROVIDE FOR PRETRIAL
30 CONFERENCES BEFORE ADJUDICATORY HEARINGS, TO PROVIDE FOR DELIVERY OF
31 INVESTIGATIVE REPORTS, TO PROVIDE FOR A DETERMINATION OF JURISDICTION, TO
32 PROVIDE FOR DECREES OF THE COURT, TO PROVIDE THAT CERTAIN INFORMATION IS
33 TO BE CONSIDERED BY THE COURT AND TO REQUIRE THE COURT TO PLACE THE CHILD,
34 TO REQUIRE SPECIFIED WRITTEN FINDINGS IN CERTAIN CASES, TO PROVIDE FOR THE
35 BINDING EFFECT AND DURATION OF CERTAIN DECREES AND TO REQUIRE WRITTEN CASE
36 PLANS, TO PROVIDE FOR THE DURATION OF CERTAIN DECREES AND TO PROVIDE FOR
37 OTHER TERMS OF A DECREE, TO PROVIDE FOR PROTECTIVE ORDERS IN CERTAIN
38 CASES, TO PROVIDE FOR DISMISSAL OF CERTAIN PETITIONS; AMENDING SECTION
39 16-1609, IDAHO CODE, TO PROVIDE FOR DELIVERY AND RECEIPT OF THE INVESTIGA-
40 TIVE REPORT AND TO PROVIDE FOR CONSIDERATION AND USE OF THE REPORT; AMEND-
41 ING SECTION 16-1609A, IDAHO CODE, TO PROVIDE FOR REVIEW OF A REPRESENTA-
42 TIVE SELECTION OF CERTAIN CASES BY A MULTIDISCIPLINARY TEAM AND TO PROVIDE
43 THAT LACK OF REVIEW BY A MULTIDISCIPLINARY TEAM WILL NOT DEFEAT THE JURIS-
44 DICTION OF THE COURT IN ANY PARTICULAR CASE AND TO MAKE A TECHNICAL COR-
45 RECTION; AMENDING SECTION 16-1610, IDAHO CODE, TO PROVIDE FOR WRITTEN CASE
46 PLANS, TO PROVIDE FOR NOTICE OF THE PLANNING HEARING, TO EXCLUDE FOSTER
2
1 PARENTS AS PARTIES TO THE ACTION, TO PROVIDE THAT THE CASE PLAN SHALL
2 INCLUDE CERTAIN INFORMATION RELATING TO PLACEMENT AND TO PROVIDE THAT CER-
3 TAIN CONNECTIONS OF THE CHILD TO THE COMMUNITY SHALL BE MAINTAINED WHEN-
4 EVER POSSIBLE, TO PROVIDE FOR ENTRY INTO THE RECORD OF COURT APPROVED CASE
5 PLANS AS ORDERS OF THE COURT AND TO PROVIDE THAT IN CERTAIN CASES THE
6 ORDER WILL REQUIRE REASONABLE EFFORTS TO REUNIFY THE FAMILY OR FINALIZE
7 PLACEMENT OF THE CHILD; AMENDING SECTION 16-1611, IDAHO CODE, TO PROVIDE
8 FOR REVIEW HEARINGS AND PERMANENCY HEARINGS, TO PROVIDE CORRECT TERMINOL-
9 OGY, TO PROVIDE CORRECT CODE REFERENCES, TO STRIKE REFERENCE TO PETITIONS
10 FOR REVIEW, TO PROVIDE FOR FILING BY THE DEPARTMENT OF HEALTH AND WELFARE
11 OR ANY PARTY, TO PROHIBIT FILING OF A MOTION BY CERTAIN RESPONDENTS, TO
12 PROVIDE FOR REVIEW OF CERTAIN CASES AND PERMANENCY PLANS, TO PROVIDE A
13 PROCEDURE FOR HEARINGS TO REVIEW PERMANENCY PLANS, TO PROVIDE FOR HEARING
14 OFFICERS, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE MAY MOVE
15 THE COURT FOR RELIEF FROM ITS DUTY TO SEEK TERMINATION OF PARENTAL RIGHTS
16 IN CERTAIN CASES AND TO PROVIDE FOR RELIEF FROM THE DUTY IN CERTAIN CASES;
17 AMENDING SECTION 16-1612, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
18 PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE;
19 AMENDING SECTION 16-1613, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
20 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
21 SECTION 16-1614, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE
22 FOR THE JURISDICTION OF THE COURT, TO PROVIDE THAT AT HEARING IT MAY BE
23 SHOWN THAT IT IS CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN THE
24 HOME AND TO PROVIDE FOR TEMPORARY LEGAL CUSTODY; AMENDING SECTION 16-1615,
25 IDAHO CODE, TO PROVIDE FOR TEMPORARY LEGAL CUSTODY, TO PROVIDE CORRECT
26 CODE REFERENCES AND TO PROVIDE THAT PETITIONS TO TERMINATE PARENTAL RIGHTS
27 SHALL BE FILED AS MOTIONS IN EXISTING CHILD PROTECTION ACTIONS; AMENDING
28 SECTION 16-1617, IDAHO CODE, TO PROVIDE FOR LEGAL CUSTODY; AMENDING SEC-
29 TION 16-1618, IDAHO CODE, TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE
30 GUARDIAN AD LITEM IN CERTAIN CHILD PROTECTION ACT CASES AND TO PROVIDE FOR
31 THE APPOINTMENT OF SEPARATE COUNSEL FOR THE CHILD IN CERTAIN CASES, TO
32 STRIKE A REFERENCE TO APPOINTMENT OF COUNSEL FOR PARENTS IN CERTAIN CASES,
33 TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE CHILD IN CERTAIN CASES AND
34 TO PROVIDE THAT IN CERTAIN CASES THE ATTORNEY FOR THE CHILD SHALL HAVE THE
35 POWERS AND DUTIES OF A GUARDIAN AD LITEM; AMENDING SECTION 16-1623, IDAHO
36 CODE, TO REQUIRE THE DEPARTMENT OF HEALTH AND WELFARE TO FILE A PERMANENCY
37 PLAN AND RECOMMENDATIONS WITH THE COURT WITHIN A SPECIFIED TIME AND TO
38 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 56-204B, IDAHO CODE, TO
39 DELETE A REFERENCE TO THE DESIGNATION OF PLACES OF SHELTER BY THE MAGIS-
40 TRATE COURTS; AMENDING SECTION 66-317, IDAHO CODE, TO PROVIDE A CORRECT
41 CODE REFERENCE; AND AMENDING SECTION 63-324, IDAHO CODE, TO PROVIDE A COR-
42 RECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION.
43 Be It Enacted by the Legislature of the State of Idaho:
44 SECTION 1. That Section 16-1601, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 16-1601. POLICY. The policy of the state of Idaho is hereby declared to
47 be the establishment of a legal framework conducive to the judicial processing
48 including periodic review of child abuse, abandonment and neglect cases, and
49 the protection of children whose life, health or welfare is endangered. At all
50 times the health and safety of the child shall be the primary concern. Each
51 child coming within the purview of this chapter shall receive, preferably in
52 his own home, the care, guidance and control that will promote his welfare and
3
1 the best interest of the state of Idaho, and if he is removed from the control
2 of one (1) or more of his parents, guardian or other custodian, the state
3 shall secure adequate care for him; provided, however, that the state of Idaho
4 shall, to the fullest extent possible, seek to preserve, protect, enhance and
5 reunite the family relationship. This chapter seeks to coordinate efforts by
6 state and local public agencies, in cooperation with private agencies and
7 organizations, citizens' groups, and concerned individuals, to:
8 (1) pPreserve the privacy and unity of the family whenever possible;
9 (2) tTake such actions as may be necessary and feasible to prevent the
10 abuse, neglect, or abandonment, homelessness, or unstable home environment of
11 children;
12 (3) Take such actions as may be necessary to provide the child with per-
13 manency including concurrent planning;
14 (4) Cclarify for the purposes of this act the rights and responsibilities
15 of parents with joint legal or joint physical custody of children at risk.
16 SECTION 2. That Section 16-1602, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 16-1602. DEFINITIONS. For purposes of this chapter:
19 (a1) "Abused" means any case in which a child has been the victim of:
20 (1a) Conduct or omission resulting in skin bruising, bleeding, malnutri-
21 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell-
22 ing, failure to thrive or death, and such condition or death is not justi-
23 fiably explained, or where the history given concerning such condition or
24 death is at variance with the degree or type of such condition or death,
25 or the circumstances indicate that such condition or death may not be the
26 product of an accidental occurrence; or
27 (2b) Sexual conduct, including rape, molestation, incest, prostitution,
28 obscene or pornographic photographing, filming or depiction for commercial
29 purposes, or other similar forms of sexual exploitation harming or threat-
30 ening the child's health or welfare or mental injury to the child.
31 (b2) "Abandoned" means the failure of the parent to maintain a normal
32 parental relationship with his child including, but not limited to, reasonable
33 support or regular personal contact. Failure to maintain this relationship
34 without just cause for a period of one (1) year shall constitute prima facie
35 evidence of abandonment.
36 (c3) "Adjudicatory hearing" means a hearing to determine:
37 (a) Whether the child comes truth of the allegations in the petition
38 filed under the jurisdiction of the court pursuant to the provisions of
39 this chapter;
40 (b) Whether continuation of the child in the home would be contrary to
41 the child's welfare and whether the best interests of the child require
42 protective supervision or vesting legal custody of the child in an autho-
43 rized agency;
44 (c) Whether aggravated circumstances as defined in section 16-1608, Idaho
45 Code, exist.
46 (d4) "Authorized agency" means the department, a local agency, a person,
47 an organization, corporation, benevolent society or association licensed or
48 approved by the department or the court to receive children for control, care,
49 maintenance or placement.
50 (e5) "Child" means an individual who is under the age of eighteen (18)
51 years.
52 (f6) "Child advocate coordinator" means a person or entity receiving
53 moneys from the grant administrator for the purpose of carrying out any of the
4
1 duties as set forth in section 16-1630, Idaho Code.
2 (g7) "Circumstances of the child" includes, but is not limited to, the
3 joint legal custody or joint physical custody of the child.
4 (h8) "Commit" means to transfer legal and physical custody.
5 (i9) "Concurrent planning" means a planning model that prepares for and
6 implements different outcomes at the same time.
7 (10) "Court" means district court or magistrate's division thereof, or if
8 the context requires, a magistrate or judge thereof.
9 (j11) "Custodian" means a person, other than a parent or legal guardian,
10 to whom legal or joint legal custody of the child has been given by court
11 order or who is acting in loco parentis.
12 (k12) "Department" means the department of health and welfare and its
13 authorized representatives.
14 (l) "Disposition hearing" means a hearing to determine whether the best
15 interests of the child require protective supervision or vesting legal custody
16 of the child in an authorized agency.
17 (m13) "Family or household member" shall have the same meaning as in sec-
18 tion 39-6303(3), Idaho Code.
19 (n14) "Foster care" means twenty-four (24) hour substitute care for chil-
20 dren placed away from their parents or guardians and for whom the state agency
21 has placement and care responsibility.
22 (15) "Grant administrator" means any such organization or agency as may be
23 designated by the supreme court from time to time to administer funds from the
24 guardian ad litem account in accordance with the provisions of this chapter.
25 (o16) "Guardian ad litem" means a person appointed by the court pursuant
26 to a guardian ad litem volunteer program to act as special advocate for a
27 child under this chapter.
28 (p17) "Guardian ad litem program" means the program to recruit, train and
29 coordinate volunteer persons to serve as guardians ad litem for abused,
30 neglected or abandoned children.
31 (q18) "Law enforcement agency" means a city police department, the prose-
32 cuting attorney of any county, state law enforcement officers, or the office
33 of a sheriff of any county.
34 (r19) "Legal custody" means a relationship created by order of the court,
35 which vests in a custodian the following duties and rights:
36 (1a) To have physical custody and control of the child, and to determine
37 where and with whom the child shall live.
38 (2b) To supply the child with food, clothing, shelter and incidental
39 necessities.
40 (3c) To provide the child with care, education and discipline.
41 (4d) To authorize ordinary medical, dental, psychiatric, psychological,
42 or other remedial care and treatment for the child, including care and
43 treatment in a facility with a program of services for children; and to
44 authorize surgery if the surgery is deemed by two (2) physicians licensed
45 to practice in this state to be necessary for the child.
46 (5e) Where the parents share legal custody, the custodian may be vested
47 with the custody previously held by either or both parents.
48 (s20) "Mental injury" means a substantial impairment in the intellectual
49 or psychological ability of a child to function within a normal range of per-
50 formance and/or behavior, for short or long terms.
51 (t21) "Neglected" means a child:
52 (1a) Who is without proper parental care and control, or subsistence,
53 education, medical or other care or control necessary for his well-being
54 because of the conduct or omission of his parents, guardian or other cus-
55 todian or their neglect or refusal to provide them; provided, however, no
5
1 child whose parent or guardian chooses for such child treatment by prayers
2 through spiritual means alone in lieu of medical treatment, shall be
3 deemed for that reason alone to be neglected or lack parental care neces-
4 sary for his health and well-being, but further provided this subsection
5 shall not prevent the court from acting pursuant to section 16-1616, Idaho
6 Code; or
7 (2b) Whose parents, guardian or other custodian are unable to discharge
8 their responsibilities to and for the child because of incarceration, hos-
9 pitalization, or other physical or mental incapacity; or
10 (3c) Who has been placed for care or adoption in violation of law.
11 (22) "Permanency hearing" means a hearing to review, approve, reject or
12 modify the permanency plan of the department, and review reasonable efforts in
13 accomplishing the permanency plan.
14 (23) "Permanency plan" means a plan for a continuous residence and mainte-
15 nance of nurturing relationships during the child's minority.
16 (24) "Planning hearing" means a hearing to:
17 (a) Review, approve, modify or reject the case plan; and
18 (b) Review reasonable efforts being made to rehabilitate the family; and
19 (c) Review reasonable efforts being made to reunify the children with a
20 parent or guardian.
21 (u25) "Protective order" means an order created by the court granting
22 relief as delineated in section 39-6306, Idaho Code, and shall be for a period
23 not to exceed three (3) months unless otherwise stated herein. Failure to com-
24 ply with the order shall be a misdemeanor.
25 (v26) "Protective supervision" means a legal status created by court order
26 in neglect and abuse cases whereby the child is permitted to remain in his
27 home under supervision by the department.
28 (w27) "Residual parental rights and responsibilities" means those rights
29 and responsibilities remaining with the parents after the transfer of legal
30 custody including, but not necessarily limited to, the right of visitation,
31 the right to consent to adoption, the right to determine religious affilia-
32 tion, the right to family counseling when beneficial, and the responsibility
33 for support.
34 (x28) "Shelter care" means places designated by the department for tempo-
35 rary care of children pending court disposition or placement.
36 SECTION 3. That Section 16-1603, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided
39 herein, the court shall have exclusive original jurisdiction in all proceed-
40 ings under this chapter concerning any child living or found within the state:
41 (a) wWho is neglected, abused or abandoned by his parents, guardian or
42 other legal custodian, or who is homeless; or
43 (b) wWhose parents or other legal custodian fails or is unable to provide
44 a stable home environment.
45 (2) If the court has taken jurisdiction over a child under subsection (1)
46 of this section, it may take jurisdiction over another child living or having
47 custodial visitation in the same household without the filing of a separate
48 petition if it finds all of the following:
49 (a) The other child is living or is found within the state;
50 (b) The other child has been exposed to or is at risk of being a victim
51 of abuse, neglect or abandonment;
52 (c) The other child is listed in the petition or amended petition;
53 (d) The parents or legal guardians of the other child have notice as pro-
6
1 vided in section 16-1606, Idaho Code.
2 SECTION 4. That Section 16-1604, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 16-1604. RETENTION OF JURISDICTION. (1) Jurisdiction obtained by the
5 court under this chapter shall be retained until the child's becomes eighteen
6 (18) years of age eighteenth birthday, unless terminated prior thereto. Such
7 jJurisdiction of the court shall not be terminated by an order of termination
8 of parental rights if guardianship and/or custody of the child is placed with
9 the department of health and welfare.
10 (2) The parties have an ongoing duty to inquire concerning, and inform
11 the court as soon as possible about, any other pending actions or current
12 orders involving the child. In the event there are conflicting orders from
13 Idaho courts concerning the child, the child protection order is controlling.
14 SECTION 5. That Section 16-1605, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1605. PETITION. (a) A petition invoking the jurisdiction of the court
17 under this chapter shall be filed in the manner provided in this section:
18 (1) A petition must be signed by the prosecutor or deputy attorney gen-
19 eral before being filed with the court.
20 (2) Any person or governmental body of this state having evidence of
21 abuse, abandonment, or neglect, homelessness or unstable home environment
22 of a child may request the attorney general or prosecuting attorney to
23 file a petition. The prosecuting attorney of the county where the child
24 resides may file a petition on behalf of any child whose parent, guardian,
25 or custodian has been accused in a criminal complaint of the crime of
26 cruel treatment or neglect as defined in section 18-1501, Idaho Code.
27 (b) Petitions shall be entitled "In the Matter of .............., a child
28 under the age of eighteen (18) years" and shall be verified and set forth with
29 specificity:
30 (1) The facts which bring the child within the provisions of this chap-
31 ter, with the actions of each parent described therein;
32 (2) The name, birthdate, sex, and residence address of the child;
33 (3) The name, birthdate, sex, and residence address of all other children
34 living at or having custodial visitation at the home where the injury to
35 the subject child occurred;
36 (4) The names and residence addresses of both the mother and father,
37 guardian or other custodian. If neither of his parents, guardian or other
38 custodian resides or can be found within the state, or if their residence
39 addresses are unknown, the name of any known adult relative residing
40 within the state.;
41 (5) The names and residence addresses of each person having sole or joint
42 legal custody of the children described in this section.;
43 (6) Whether or not there exists a legal document including, but not lim-
44 ited to, a divorce decree, stipulation or parenting agreement controlling
45 the custodial status of the children described in this section.;
46 (7) Whether the child is in shelter care, and, if so, the type and nature
47 of the shelter care, the circumstances necessitating such care and the
48 date and time he was placed in such care.;
49 (8) When any of the facts required by this section cannot be determined,
50 the petition shall so state. The petition may be based on information and
51 belief but in such case the petition shall state the basis of such infor-
7
1 mation and belief.;
2 (9) If the child has been or will be removed from the home, tThe petition
3 shall state that:
4 (i) Remaining in the home was contrary to the welfare of the child;
5 and
6 (ii) Vesting legal custody of the child in the department or other
7 authorized agency is in the best interests of the child; and
8 (iii) Rreasonable efforts have been made prior to the placement of
9 the child in care to prevent the removal of the child from his home
10 or, if such efforts were not provided, that placement was due to
11 immediate danger to the child, or that reasonable efforts to prevent
12 placement were not required as the parent subjected the child to
13 aggravated circumstances.;
14 (10) The petition shall state with specificity whether a parent with joint
15 legal custody or a noncustodial parent has been notified of placement.;
16 (11) The petition shall state whether a court has adjudicated the custo-
17 dial rights of the parents and shall set forth the custodial status of the
18 child.;
19 (12) The court may combine petitions and hearings where multiple petitions
20 have been filed involving related children, parents or guardians.
21 SECTION 6. That Section 16-1606, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 16-1606. SUMMONS. (a) After a petition has been filed, the clerk of the
24 court may issue a summons requiring the person or persons who have custody of
25 the child to bring the child before the court at the adjudicatory hearing held
26 in accordance with section 16-1608, Idaho Code. If persons have joint custody
27 of an injured, abandoned or abused child, those persons shall be summoned into
28 court if they are found within the jurisdiction of the court. If the person or
29 persons so summoned shall be other than the parent or guardian of the child,
30 then eEach parent or guardian shall also be notified in the manner hereinafter
31 provided of the pendency of the case and the time and place set for the hear-
32 ing. A summons may shall be issued and served requiring the appearance of each
33 parent and legal guardian, and a summons may be issued and served for any
34 other person whose presence is required by the child, either of his parents or
35 guardian or any other person whose presence, in the opinion of the court, is
36 necessary.
37 (b) A copy of the petition shall be attached to each summons.
38 (c) The summons shall notify each of the parents, guardian or legal cus-
39 todian of their right to retain and be represented by counsel. Each parent or
40 legal guardian of each child named in the petition shall be notified by the
41 court of the case and of the time and place set for the hearing.
42 (d) If based on facts presented to the court, it appears that the child
43 should be removed from his present condition or surroundings in order to pro-
44 tect his health or welfare because continuation in such condition or surround-
45 ings would be contrary to the welfare of the child and vesting legal custody
46 with the department or other authorized agency would be in the child's best
47 interests, the court may so order by endorsement upon the summons. The
48 endorsement shall specifically state that continuation in the present condi-
49 tion or surroundings is contrary to the welfare of the child and shall require
50 a peace officer or other suitable person to take the child at once to a place
51 of shelter care designated by the court authorized agency which shall provide
52 shelter care for the child.
53 (e) If it appears that the child is safe in his present condition or sur-
8
1 roundings and it is not in his best interest to remove him at this time, the
2 court may issue a protective order based on an affidavit pending the
3 adjudicatory hearing. If the child is in joint custody, the protective order
4 shall state with specificity the rights and responsibilities of each parent.
5 Each parent shall be provided with a copy of the protective order.
6 SECTION 7. That Chapter 16, Title 16, Idaho Code, be, and the same is
7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
8 ignated as Section 16-1607A, Idaho Code, and to read as follows:
9 16-1607A. HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under
10 this chapter shall be dealt with by the court at hearings separate from those
11 for adults and without a jury. The hearings shall be conducted in an informal
12 manner and may be adjourned from time to time. The general public shall be
13 excluded, and only such persons shall be admitted as are found by the court to
14 have a direct interest in the case. The child may be excluded from hearings at
15 any time at the discretion of the court. If the parent or guardian is without
16 counsel, the court shall inform them of their right to be represented by coun-
17 sel and to appeal from any disposition or order of the court.
18 (2) When a child is summoned as a witness in any hearing under this act,
19 notwithstanding any other statutory provision, parents, a counselor, a friend,
20 or other person having a supportive relationship with the child shall, if
21 available, be permitted to remain in the courtroom at the witness stand with
22 the child during the child's testimony unless, in written findings made and
23 entered, the court finds that the constitutional right of the child's
24 parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly
25 prejudiced.
26 (3) At any stage of a proceeding under this chapter, if the court deter-
27 mines that it is in the best interests of the child or society, the court may
28 cause the proceeding to be expanded or altered to include full or partial con-
29 sideration of the cause under the juvenile corrections act without terminating
30 the original proceeding under this chapter.
31 SECTION 8. That Section 16-1608, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 16-1608. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
34 When a petition has been filed, the court shall set an adjudicatory hearing to
35 be held no later than thirty (30) days after the filing of the petition.
36 (b) Proceedings under this chapter shall be dealt with by A pretrial con-
37 ference shall be held outside the presence of the court at a within three (3)
38 to five (5) days before the adjudicatory hearing. separate from those for
39 adults and without a jury. The hearing shall be conducted in an informal man-
40 ner and may be adjourned from time to time. The general public shall be
41 excluded, and only such persons shall be admitted as are found by Investiga-
42 tive reports required under section 16-1609, Idaho Code, shall be delivered to
43 the court to have a direct interest in the case. The child may be excluded
44 from the hearing at any time at the discretion of the court. If the with cop-
45 ies to each of the parents or guardian is without counsel, the court shall
46 inform them of their rights to be represented by counsel and to appeal from
47 any disposition or order of the court and other legal custodians, guardian ad
48 litem and attorney for the child prior to the date set for the pretrial con-
49 ference.
50 (c) When a child is summoned as a witness in any If a preponderance of
51 the evidence at the adjudicatory hearing under this act, notwithstanding any
9
1 other statutory provision, parents, a counselor, a friend, or other person
2 having a supportive relationship with shows that the child shall, if avail-
3 able, be permitted to remain in the courtroom at the witness stand with the
4 child during the child's testimony unless, in written findings made and
5 entered, comes within the court's finds that the constitutional right of the
6 child's parent(s), guardian(s) or other custodian(s) to a fair hearing will be
7 unduly prejudiced jurisdiction under this chapter, the court shall so decree
8 and in its decree shall make a finding on the record of the facts and conclu-
9 sions of law upon which it exercises jurisdiction over the child.
10 (d) At any stage of a proceeding under this chapter, in the best inter-
11 ests Upon entering its decree the court shall consider any information rele-
12 vant to the disposition of the child or society, the court may cause the pro-
13 ceeding to be expanded or altered to include full or partial consideration of
14 the cause under the youth rehabilitation act without terminating the original
15 proceeding but in any event shall:
16 (1) Place the child under protective supervision in his own home for an
17 indeterminate period not to exceed the child's eighteenth birthday; or
18 (2) Vest legal custody in the department or other authorized agency sub-
19 ject to residual parental rights and subject to full judicial review by
20 the court of all matters relating to the custody of the child by the
21 department or other authorized agency.
22 (e) If the court vests legal custody in the department or other autho-
23 rized agency, the court shall make detailed written findings based on facts in
24 the record, that continuation of residence in the home would be contrary to
25 the welfare of the child and that vesting legal custody with the department or
26 other authorized agency would be in the best interests of the child. In addi-
27 tion the court shall make detailed written findings based on facts in the
28 record as to whether the department made reasonable efforts to prevent the
29 placement of the child in foster care, including findings, when appropriate,
30 that:
31 (1) Reasonable efforts were made but were not successful in eliminating
32 the need for foster care placement of the child;
33 (2) Reasonable efforts were not made because of immediate danger to the
34 child;
35 (3) Reasonable efforts to temporarily place the child with related per-
36 sons were made but were not successful; or
37 (4) Reasonable efforts were not required as the parent had subjected the
38 child to aggravated circumstances as determined by the court including,
39 but not limited to: abandonment; torture; chronic abuse; sexual abuse;
40 committed murder; committed voluntary manslaughter; aided or abetted,
41 attempted, conspired or solicited to commit such a murder or voluntary
42 manslaughter; committed a felony assault that results in serious bodily
43 injury to any child of the parent; or the parental rights of the parent to
44 a sibling have been terminated involuntarily and that as a result, a hear-
45 ing to determine the permanent future plan for this child will be held
46 within thirty (30) days of this determination.
47 (f) A decree vesting legal custody in the department shall be binding
48 upon the department and may continue until the child's eighteenth birthday.
49 The decree shall state that the department shall prepare a written case plan
50 within thirty (30) days of placement.
51 (g) A decree vesting legal custody in an authorized agency other than the
52 department shall be for a period of time not to exceed the child's eighteenth
53 birthday, and on such other terms as the court shall state in its decree to be
54 in the best interests of the child and which the court finds to be acceptable
55 to such authorized agency.
10
1 (h) In order to preserve the unity of the family system and to ensure the
2 best interests of the child whether issuing an order of protective supervision
3 or an order of legal custody, the court may consider extending or initiating a
4 protective order as part of the decree. The protective order shall be deter-
5 mined as in the best interests of the child and upon a showing of continuing
6 danger to the child. The conditions and terms of the protective order shall be
7 clearly stated in the decree.
8 (i) If the court does not find that the child comes within the jurisdic-
9 tion of this chapter pursuant to subsection (c) of this section it shall dis-
10 miss the petition.
11 SECTION 9. That Section 16-1609, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 16-1609. INVESTIGATION. (a) Where the court has ordered an adjudicatory
14 hearing after the shelter care hearing or when a petition is otherwise filed,
15 the court may order the department to investigate the circumstances of the
16 child and his family and report to the court.
17 (b) The report shall be delivered to the court with copies to each of the
18 parents or other legal custodian at least five (5) days before the date set
19 prior to the pretrial conference for the adjudicatory hearing. If delivered by
20 mail the report must be mailed at least eight (8) days prior to the date of
21 received by the court prior to the pretrial conference for the adjudicatory
22 hearing. The report shall contain a social evaluation of the child and the
23 parents or other legal custodian and such other information as the court shall
24 require.
25 (c) The report shall not be considered by the court for purposes of
26 determining whether the child comes within the jurisdiction of the act. The
27 report may be admitted into evidence at the adjudicatory hearing and shall be
28 used by the court only for disposition if the child is found to be within the
29 purview of this chapter for other purposes.
30 (d) If the court declines to order the department to investigate pursuant
31 to subsection (a) of this section, the court shall state the reasons for so
32 declining in the record.
33 SECTION 10. That Section 16-1609A, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1609A. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January 1,
36 1997, the prosecuting attorney in each county shall be responsible for the
37 development of an interagency multidisciplinary team or teams for investiga-
38 tion of child abuse and neglect referrals within each county. The teams shall
39 consist of, but not be limited to, law enforcement personnel, department of
40 health and welfare child protection risk assessment staff, a representative of
41 the prosecuting attorney's office, and any other person deemed to be necessary
42 due to their his special training in child abuse investigation. Other persons
43 may participate in investigation of particular cases at the invitation of the
44 team and as determined necessary, such as medical personnel, school officials,
45 mental health workers, personnel from domestic violence programs or the guard-
46 ian ad litem program.
47 (2) The teams shall develop a written protocol for investigation of child
48 abuse cases and for interviewing alleged victims of such abuse or neglect.
49 Each team shall develop written agreements signed by member agencies, specify-
50 ing the role of each agency, procedures to be followed to assess risks to the
51 child and criteria and procedures to be followed to ensure the child victim's
11
1 safety including removal of the alleged offender.
2 (3) Each team member shall be trained in risk assessment, dynamics of
3 child abuse and interviewing and investigatory techniques.
4 (4) Each team shall classify, assess and review all a representative
5 selection of cases referred to either the department or to law enforcement
6 entities for investigation of child abuse or neglect.
7 (5) Each multidisciplinary team shall develop policies that provide for
8 an independent review of investigation procedures utilized in cases upon com-
9 pletion of any court actions on those cases. The procedures shall include
10 independent citizen input. Nonoffending parents of child abuse victims shall
11 be notified of the review procedure.
12 (6) Prosecuting attorneys of the various counties may determine that
13 multidisciplinary teams may be most effectively established through the use of
14 joint exercise of powers agreements among more than one (1) county and such
15 agreements are hereby authorized.
16 (7) Lack of review by a multidisciplinary team of a particular case does
17 not defeat the jurisdiction of the court.
18 SECTION 11. That Section 16-1610, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1610. DECREE -- DISPOSITION HEARING PLANNING HEARING. (a) If a prepon-
21 derance of the evidence of the adjudicatory hearing shows that the child comes
22 within the purview of this chapter, The department shall prepare a written
23 case plan. The case plan shall be filed with the court shall so decree and in
24 its decree shall make a finding of the facts and conclusions of law upon which
25 it exercises jurisdiction over the child no later than sixty (60) days from
26 the date the child was removed from the home or thirty (30) days after the
27 adjudicatory hearing, whichever occurs first. Copies of the case plan shall be
28 delivered to the parents and other legal guardians, the guardian ad litem and
29 attorney for the child. Within five (5) days of filing the plan, the court
30 shall hold a planning hearing to determine whether to adopt, reject or modify
31 the case plan proposed by the department.
32 (b) Upon entry of its decree, the court may consider any information rel-
33 evant to the disposition of Notice of the planning hearing shall be provided
34 to the parents, legal guardians, guardians ad litem and foster parents.
35 Although foster parents are provided notice of this hearing, they are not par-
36 ties to the child, but in any event shall: protective act action.
37 (1) Place the child under protective supervision in his own home for an
38 indeterminate period not to exceed one (1) year from the date entered but
39 the court may extend the period of time upon a showing by the authorized
40 agency that continued supervision is necessary for the best interests of
41 the child; or
42 (2) Vest legal custody in the department or other authorized agency sub-
43 ject to residual parental rights and subject to full judicial review by
44 the court of all matters relating to the custody of the child by the
45 department or other authorized agency. The court shall make written find-
46 ings as to whether the department made reasonable efforts to prevent the
47 placement of the child in foster care, including findings, when appropri-
48 ate, that:
49 (i) reasonable efforts were made but were not successful in elimi-
50 nating the need for foster care placement of the child;
51 (ii) reasonable efforts were not made because of immediate danger to
52 the child;
53 (iii) reasonable efforts to temporarily place the child with related
12
1 persons were made but were not successful; or
2 (iv) reasonable efforts were not required as the parent had sub-
3 jected the child to aggravated circumstances as determined by the
4 court including, but not limited to: abandonment; torture; chronic
5 abuse; sexual abuse; committed murder; committed voluntary manslaugh-
6 ter; aided or abetted, attempted, conspired or solicited to commit
7 such a murder or voluntary manslaughter; committed a felony assault
8 that results in serious bodily injury to any child of the parent; or
9 the parental rights of the parent to a sibling have been terminated
10 involuntarily and that as a result, a hearing to determine the perma-
11 nent future plan for this child will be held within thirty (30) days
12 of this determination. Reasonable efforts shall be made to place the
13 child in a timely manner in accordance with the permanency plan and
14 to complete whatever steps are necessary to finalize the permanent
15 placement of the child. Whenever possible, the child's connections to
16 the community, including individuals with a significant relationship
17 to the child, religious organizations and community activities, will
18 be maintained through the transition.
19 (3) The court shall make written findings that reasonable efforts to
20 reunify are not required as the parent had subjected the child to aggra-
21 vated circumstances including, but not limited to: abandonment; torture;
22 chronic abuse; sexual abuse; committed murder; committed voluntary man-
23 slaughter; aided or abetted, attempted, conspired or solicited to commit
24 such a murder or voluntary manslaughter; committed a felony assault that
25 results in serious bodily injury to the child or another child of the par-
26 ent; or the parental rights of the parent to a sibling have been termi-
27 nated involuntarily.
28 (c) A decree vesting legal custody in the department The case plan shall
29 be binding upon set forth reasonable efforts which will be made to make it
30 possible for the child to return to his home and shall concurrently include a
31 plan setting forth reasonable efforts to place the child for adoption with a
32 legal guardian or in another approved permanent placement. Whenever possible,
33 the child's connections to the community, including individuals with a signif-
34 icant relationship to the child, religious organizations and community activi-
35 ties, will be maintained through the transition. The plan shall state with
36 specificity the role of the department, and shall state the department shall
37 prepare a written case plan within thirty (30) days of placement designed to
38 make it possible for the child to return to his home or may concurrently con-
39 tain reasonable efforts to place the child for adoption or with a legal guard-
40 ian; shall state with specificity the role of the department toward each par-
41 ent; and shall be for an indeterminate period not to exceed one (1) year from
42 the date entered, except that the department may file a petition with the
43 court requesting renewal of the order and the court, after notice to the par-
44 ties and hearing and finding, may renew the order if it finds such renewal
45 necessary to safeguard the best interests of the child. Renewals may be made
46 during minority, but no order shall have any force or effect beyond minority.
47 The department may petition the court at any time to vacate any order placing
48 a child in its custody or under its protective supervision, but must provide
49 notice of hearing to each parent having joint custody. Upon such renewal, the
50 court shall expressly include in its order determination of the permanency
51 plan for the child that includes whether, and if applicable when, the child
52 will be returned to the parent, placed for adoption and the state will file a
53 petition for termination of parental rights, or referred for legal guardian-
54 ship or, in cases where compelling reasons exist that it would not be in the
55 best interest of the child to terminate parental rights, placed in another
13
1 permanent living arrangement toward each parent and shall be for an indetermi-
2 nate period not to exceed the child's eighteenth birthday.
3 (d) A decree vesting legal custody in an authorized agency other than the
4 department shall be, for an indeterminate period of time not to exceed one (1)
5 year from the date entered, but The case plan, as approved by the court, may
6 extend the period of time during the child's minority upon a showing by the
7 authorized agency that continued custody or supervision is necessary for the
8 best interests of the child, and on such other terms as shall be entered into
9 the record as an order of the court. shall state in its decree to be in the
10 best interests of the child and which the court finds to be acceptable to such
11 authorized agency In the absence of a finding of aggravated circumstances as
12 provided for in section 16-1608(e)(4), Idaho Code, the court's order shall
13 provide that reasonable efforts shall be made to reunify the family in a
14 timely manner in accordance with the case plan or in the alternative to com-
15 plete the steps necessary to finalize the permanent placement of the child.
16 (e) In order to preserve the unity of the family system and to insure the
17 best interests of the child whether issuing an order of protective supervision
18 or an order of legal custody, the court may consider extending or initiating a
19 protective order as part of the decree. The protective order shall be deter-
20 mined as in the best interests of the child and upon a showing of continuing
21 danger to the child. The conditions and terms of the protective order shall be
22 clearly stated in the decree.
23 (f) If the court does not find that the child comes within the purview of
24 this chapter pursuant to subsection (a) of this section it shall dismiss the
25 petition.
26 SECTION 12. That Section 16-1611, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 16-1611. MODIFICATION OR REVOCATION REVIEW AND PERMANENCY HEARINGS. (a)
29 A petition motion for revocation or modification of an order issued under sec-
30 tion 16-16108, Idaho Code, or a petition for review of the child's case may be
31 filed by either of the child's parents or guardian ad litem the department or
32 any party; provided that no petition motion may be filed by the respondents
33 under this section within three (3) months of a prior hearing on care and
34 placement of the child. All persons required to be summoned or notified of the
35 original petition pursuant to section 16-1606, Idaho Code, shall be served
36 with notice of a petition motion for review of a child's case.
37 (b) If the petition motion filed under subsection (a) of this section
38 alleges that the child's best interests are no longer served by carrying out
39 the order issued under section 16-16108, Idaho Code, or the department or
40 other authorized agency has failed to provide adequate care for the child, the
41 court shall hold a hearing on the petition motion.
42 (c) At a hearing to consider for review of the petition filed under sub-
43 section (a) of this section the court shall proceed according to the provi-
44 sions of subsection (b) of section 16-1608, Idaho Code. The court may dismiss
45 the petition or it may revoke or modify the order as required by the best
46 interests of the child child's case and permanency plan shall be held no later
47 than six (6) months after entry of the court's order taking jurisdiction under
48 the act, and every six (6) months thereafter, so long as the child is in the
49 custody of the department or authorized agency.
50 (d) A hearing shall be held to review the permanency plan of the depart-
51 ment prior to twelve (12) months from the date the child is removed from the
52 home or the date of the court's order taking jurisdiction under this chapter,
53 whichever occurs first. The court shall review, approve, reject or modify the
14
1 permanency plan of the department and review progress in accomplishing the
2 permanency plan. This permanency hearing may be combined with the review hear-
3 ing required under subsection (c) of this section.
4 (e) By order of the court a hearing officer may be appointed to conduct
5 hearings under this section.
6 (f) The department or authorized agency may petition move the court at
7 any time to vacate any order placing a child in its custody or under its pro-
8 tective supervision.
9 (g) The department or any party may move the court requesting relief from
10 the duty imposed on the department pursuant to the provisions of section
11 16-1623(i), Idaho Code, that it seek termination of parental rights. The court
12 may grant the department's motion if it appears based on compelling reasons in
13 the record that the presumption has been rebutted.
14 SECTION 13. That Section 16-1612, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1612. CUSTODY -- TIME FOR HEARING EMERGENCY REMOVAL.
17 (a) (1) A child may be taken into custody shelter care by a peace officer
18 or other person appointed by the court without an order issued pursuant to
19 subsection (d) of section 16-1606 or section 16-16108, Idaho Code, only
20 where the child is endangered in his surroundings and prompt removal is
21 necessary to prevent serious physical or mental injury to the child.
22 (2) An alleged offender may be removed from the home of the victim of
23 abuse or neglect by a peace officer or other person appointed by the court
24 without an order, issued pursuant to subsection (e) of section 16-1606,
25 Idaho Code, only where the child is endangered and prompt removal of an
26 alleged offender is necessary to prevent serious physical or mental injury
27 to the child.
28 (b) When a child is taken into custody shelter care under subsection (a)
29 of this section, he may be held for a maximum of forty-eight (48) hours,
30 excluding Saturdays, Sundays and holidays, unless a shelter care hearing has
31 been held pursuant to section 16-1614, Idaho Code, and the court orders an
32 adjudicatory hearing.
33 (c) When an alleged offender is removed from the home under subsection
34 (a) (2) of this section, a motion based on a sworn affidavit by the department
35 must be filed simultaneously with the petition and the court shall determine
36 at a shelter care hearing, held within a maximum of twenty-four (24) hours,
37 excluding Saturdays, Sundays and holidays, whether the relief sought shall be
38 granted, pending an adjudicatory hearing. Notice of such hearing shall be
39 served upon the alleged offender at the time of removal or other protective
40 relief.
41 SECTION 14. That Section 16-1613, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 16-1613. EMERGENCY REMOVAL -- NOTICE. -- PLACEMENT -- IMMUNITY. (a) A
44 peace officer or other person appointed by the court who takes a child into
45 custody shelter care under section 16-1612, Idaho Code, shall immediately:
46 (1) tTake the child to a place of shelter, and
47 (2) nNotify the court of the action taken and the place to which the
48 child was taken, and,
49 (3) nNotify each of the parents, guardian or other legal custodian that
50 the child has been taken into custody shelter care, the type and nature of
51 shelter care, and that the child may be held for a maximum of forty-eight
15
1 (48) hours, excluding Saturdays, Sundays and holidays, within which time
2 there must be a shelter care hearing.
3 (b) A peace officer or other person appointed by the court who takes a
4 child into custody shelter care under section 16-1612, Idaho Code, shall not
5 be held liable either criminally or civilly unless the action of taking the
6 child was exercised in bad faith and/or the requirements of subsection (a) of
7 this section are not complied with.
8 SECTION 15. That Section 16-1614, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1614. SHELTER CARE HEARING. (a) Notwithstanding any other provision of
11 this chapter, when a child is taken into custody shelter care pursuant to sec-
12 tion 16-1612, Idaho Code, a hearing to determine whether the child should be
13 released shall be held according to the provisions of this section.
14 (b) Each of the parents or custodian from whom the child was removed
15 shall be given notice of the shelter care hearing. Such notice shall include
16 the time, place, and purpose of the hearing; and, that such person is entitled
17 to be represented by legal counsel. Notice as required by this subsection
18 shall be given at least twenty-four (24) hours before the shelter care hear-
19 ing.
20 (c) Notice of the shelter care hearing shall be given to the parents or
21 custodian from whom the child was removed by personal service and the return
22 of service shall be filed with the court and to any person having joint legal
23 or physical custody of the subject child. Provided, however, that such service
24 need not be made where the undelivered notice is returned to the court along
25 with an affidavit stating that such parents or custodian could not be located
26 or were out of the state.
27 (d) The shelter care hearing may be continued for a reasonable time upon
28 request by the parent, custodian or counsel for the child.
29 (e) If, upon the completion of the shelter care hearing, it is shown
30 that:
31 (1) aA petition has been filed; and
32 (2) tThere is reasonable cause to believe the child comes within the pur-
33 view jurisdiction of the court under this chapter and that reasonable
34 efforts to prevent the placement of the child in shelter care could not be
35 provided because of the immediate danger to the child or were provided but
36 were not successful in eliminating the need for foster care placement of
37 the child; and
38 (3) tThe child could not be placed in the temporary sole custody of a
39 parent having joint legal or physical custody; and
40 (4) It is contrary to the welfare of the child to remain in the home; and
41 (5) Iit is in the best interests of the child to remain in temporary
42 shelter care pending the conclusion of the adjudicatory hearing; or
43 (56) tThere is reasonable cause to believe that the child comes within
44 the purview jurisdiction of the court under this chapter, but a reasonable
45 effort to prevent placement of the child outside the home could be
46 affected by a protective order safeguarding the child's welfare and main-
47 taining the child in his present surroundings; the court shall issue,
48 within twenty-four (24) hours of such hearing, an order of temporary legal
49 custody and/or a protective order. Any evidence may be considered by the
50 court which is of the type which reasonable people may rely upon.
51 (f) Upon ordering temporary custody shelter care pursuant to subsection
52 (e) of this section, the court shall also order an adjudicatory hearing to be
53 held as soon as possible, but in no event later than thirty (30) days from the
16
1 date the petition was filed.
2 (g) If the court does not find that the child should remain in shelter
3 care under subsection (e) of this section, the child shall be released and the
4 court may dismiss the petition.
5 SECTION 16. That Section 16-1615, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been
8 placed in the legal custody of the department or under its protective supervi-
9 sion pursuant to section 16-16108, Idaho Code, the department may petition the
10 court for termination of the parent and child relationship in accordance with
11 chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
12 not be in the best interest of the child, the department shall be required to
13 file a petition to terminate parental rights within sixty (60) days of a judi-
14 cial determination that an infant has been abandoned or that reasonable
15 efforts, as defined in section 16-16108(be)(2)(iv), Idaho Code, are not
16 required because the court determines the parent has been convicted of murder
17 or voluntary manslaughter of another sibling of the child or has aided, abet-
18 ted, attempted, conspired or solicited to commit such murder or voluntary man-
19 slaughter and/or if the court determines the parent has been convicted of a
20 felony assault or battery which resulted in serious bodily injury to the child
21 or a sibling. The department shall join as a party to the petition if such a
22 petition to terminate is filed by another party; as well as to concurrently
23 identify, recruit, process and approve a qualified family for adoption unless
24 it is determined that such actions would not be in the best interest of the
25 child, or the child is placed with a relative. If termination of parental
26 rights is granted and the child is placed in the guardianship or legal custody
27 of the department of health and welfare the court, upon petition, shall con-
28 duct a hearing as to the future status of the child within twelve (12) months
29 of the order of termination of parental rights, and every twelve (12) months
30 subsequently until the child is adopted or is in a placement sanctioned by the
31 court. A petition to terminate parental rights shall be filed as a motion in
32 the existing child protective action.
33 SECTION 17. That Section 16-1617, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1617. APPEAL -- EFFECT ON CUSTODY. An interested party aggrieved by
36 any order or decree of the court may appeal to the district court within
37 thirty (30) days of the filing of such order or decree. Where the order
38 affects the custody of a child, the appeal shall be heard at the earliest
39 practicable time. The pendency of an appeal shall not suspend the order of the
40 court regarding a child, and it shall not discharge the child from the legal
41 custody of the authorized agency to whose care he has been committed, unless
42 otherwise ordered by the district court. No bond or undertaking shall be
43 required of any party appealing to the district court under the provisions of
44 this section. Any final order or judgment of the district court shall be
45 appealable to the supreme court of the state of Idaho in the same manner as
46 appeals in other civil actions. The filing of the notice of appeal shall not,
47 unless otherwise ordered, stay the order of the district court.
48 SECTION 18. That Section 16-1618, Idaho Code, be, and the same is hereby
49 amended to read as follows:
17
1 16-1618. RIGHT TO COUNSEL -- GUARDIAN AD LITEM. (a) In any proceeding
2 under this chapter the court shall appoint a guardian ad litem for the child
3 or children to serve at each stage of the proceeding and in appropriate cases
4 may shall appoint counsel to represent the child or guardian. The court may
5 appoint independent counsel for a parent if the proceedings are complex, coun-
6 sel is necessary to protect the parent's interests adequately and such inter-
7 ests are not represented adequately by another party, and in appropriate
8 cases, may appoint separate counsel for the child.
9 (b) If a court does not have available to it a guardian ad litem program
10 or a sufficient number of guardians ad litem, the court may shall appoint sep-
11 arate counsel for the child. For a child under the age of twelve (12) years
12 the attorney will have the powers and duties of a guardian ad litem. For a
13 child twelve (12) years of age or older, the court may order that the counsel
14 act with or without the powers and duties of a guardian ad litem.
15 (c) Counsel appointed for the child under the provisions of this section
16 shall be paid for by the county unless the party for whom counsel is appointed
17 has an independent estate sufficient to pay such costs.
18 SECTION 19. That Section 16-1623, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
21 conjunction with the court and other public and private agencies and persons,
22 shall have the primary responsibility to implement the purpose of this chap-
23 ter. To this end, the department is empowered and shall have the duty to do
24 all things reasonably necessary to carry out the purpose of this chapter,
25 including, but not limited to, the following:
26 (a) The department shall administer treatment programs for the protection
27 and care of neglected, abused and abandoned children, and in so doing may
28 place in foster care, shelter care, group homes or other diagnostic, treat-
29 ment, or care centers or facilities, children of whom it has been given cus-
30 tody. The department is to be governed by the standards found in chapter 12,
31 title 39, Idaho Code.
32 (b) On December 1, the department shall make an annual statistical report
33 to the governor covering the preceding fiscal year showing the number and sta-
34 tus of persons in its custody and including such other data as will provide
35 sufficient facts for sound planning in the conservation of children and youth.
36 All officials and employees of the state and of every county and city shall
37 furnish the department upon request, such information within their knowledge
38 and control as the department deems necessary. Local agencies shall report in
39 such uniform format as may be required by the department.
40 (c) The department shall be required to maintain a central registry for
41 the reporting of child neglect, abuse and abandonment information.
42 (d) The department shall make periodic evaluation of all persons in its
43 custody or under its supervision for the purpose of determining whether exist-
44 ing orders and dispositions in individual cases shall be modified or continued
45 in force. Evaluations may be made as frequently as the department considers
46 desirable and shall be made with respect to every person at intervals not
47 exceeding six (6) months. Reports of evaluation made pursuant to this section
48 shall be filed with the court which vested custody of the person with the
49 department. Reports of evaluation shall be provided to persons having full or
50 partial legal or physical custody of a child. Failure of the department to
51 evaluate a person or to reevaluate him within six (6) months of a previous
52 examination shall not of itself entitle the person to a change in disposition
53 but shall entitle him, his parent, guardian or custodian or his counsel to
18
1 petition the court pursuant to section 16-1611, Idaho Code.
2 (e) In a consultive capacity, the department shall assist communities in
3 the development of constructive programs for the protection, prevention and
4 care of children and youth.
5 (f) The department shall keep written records of investigations, evalua-
6 tions, prognosis prognoses and all orders concerning disposition or treatment
7 of every person over whom it has legal custody. Department records shall be
8 subject to disclosure according to chapter 3, title 9, Idaho Code, unless
9 otherwise ordered by the court, the person consents to the disclosure, or dis-
10 closure is necessary for the delivery of services to the person. Notwithstand-
11 ing the provisions restricting disclosure or the exemptions from disclosure
12 provided in chapter 3, title 9, Idaho Code, all records pertaining to investi-
13 gations, the rehabilitation of youth, the protection of children, evaluation,
14 treatment and/or disposition records pertaining to the statutory responsibili-
15 ties of the department shall be disclosed to any duly elected state official
16 carrying out his official functions.
17 (g) The department shall establish appropriate administrative procedures
18 for the processing of complaints of child neglect, abuse and abandonment
19 received and for the implementation of the protection, treatment and care of
20 children formally or informally placed in the custody of the department under
21 this chapter.
22 (h) The department having been granted legal custody of a child, subject
23 to the judicial review provisions of this subsection, shall have the right to
24 determine where and with whom the child shall live, provided that the child
25 shall not be placed outside the state without the court's consent. Provided
26 however, that the court shall retain jurisdiction over the child, which juris-
27 diction shall be entered on any order or petition granting legal custody to
28 the department, and the court shall have jurisdiction over all matters relat-
29 ing to the child. The department shall not place the child in the home from
30 which the court ordered the child removed without first obtaining the approval
31 of the court.
32 (i) The department shall give to the court any information concerning the
33 child that the court may at any time require, but in any event shall report
34 the progress of the child under its custody at intervals of not to exceed six
35 (6) months. The department shall file with the court at least five (5) days
36 prior to the permanency hearing under section 16-1611, Idaho Code, the perma-
37 nency plan and recommendations of the department. There shall be a rebuttable
38 presumption that if a child is placed in the custody of the department and was
39 also placed in out of the home care for a period not less than fifteen (15)
40 out of the last twenty-two (22) months from the date the child entered shelter
41 care, the department shall initiate a petition for termination of parental
42 rights. This presumption may be rebutted by a finding of the court that the
43 filing of a petition for termination of parental rights would not be in the
44 best interests of the child or reasonable efforts have not been provided to
45 reunite the child with his family, or the child is placed permanently with a
46 relative.
47 (j) The department shall establish appropriate administrative procedures
48 for the conduct of administrative reviews and hearings as required by federal
49 statute for all children committed to the department and placed in out of the
50 home care.
51 (k) At any time the department is considering a placement pursuant to
52 this act, the department shall make a reasonable effort to place the child in
53 the least disruptive environment to the child and in so doing may consider,
54 without limitation, placement of the child with related persons.
19
1 SECTION 20. That Section 56-204B, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 56-204B. TEMPORARY SHELTER CARE. The state department shall provide
4 places of shelter which may be designated by the magistrate courts as autho-
5 rized by law for the placement of children for temporary care who have been
6 brought into the custody of the magistrate courts or who have been taken into
7 custody for their protection by peace officers. Such places of shelter may be
8 maintained by the state department or may be licensed foster family homes or
9 licensed foster institutional facilities employed or retained for shelter care
10 by the state department.
11 SECTION 21. That Section 66-317, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol-
14 lowing meanings:
15 (a) "Department director" means the director of the state department of
16 health and welfare.
17 (b) "Voluntary patient" means an individual admitted to a facility for
18 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a
19 facility for treatment pursuant to section 66-318, Idaho Code.
20 (c) "Involuntary patient" means an individual committed pursuant to sec-
21 tion 18-212, 18-214, 66-329 or 66-1201, Idaho Code, or committed pursuant to
22 section 16-16108 or 20-520, Idaho Code, and admitted to a facility for the
23 treatment of minors.
24 (d) "Licensed physician" means an individual licensed under the laws of
25 this state to practice medicine or a medical officer of the government of the
26 United States while in this state in the performance of his official duties.
27 (e) "Designated examiner" means any person designated by the department
28 director as specially qualified by training and experience in the diagnosis
29 and treatment of mental or mentally related illnesses or conditions. Such per-
30 sons shall be psychiatrists, licensed psychologists, licensed physicians, a
31 holder of an earned masters level or higher degree in social work from an
32 accredited program, a registered nurse with an earned masters level or higher
33 degree in psychiatric nursing from an accredited program, or a holder of an
34 earned masters level or higher degree in psychology from an accredited pro-
35 gram.
36 (f) "Dispositioner" means a designated examiner employed by or under con-
37 tract with the department of health and welfare and designated by the depart-
38 ment director to determine the appropriate location for care and treatment of
39 involuntary patients.
40 (g) "Facility" means any public or private hospital, sanatorium, institu-
41 tion, mental health center or other organization designated in accordance with
42 rules adopted by the board of health and welfare as equipped to initially
43 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the
44 mentally ill.
45 (h) "Lacks capacity to make informed decisions about treatment" means the
46 inability, by reason of mental illness, to achieve a rudimentary understanding
47 after conscientious efforts at explanation of the purpose, nature, and possi-
48 ble significant risks and benefits of treatment.
49 (i) "Inpatient treatment facility" means a facility in which an individ-
50 ual receives medical and mental treatment for not less than a continuous
51 twenty-four (24) hour period.
52 (j) "Supervised residential facility" means a facility, other than the
20
1 individual's home, in which the individual lives and in which there lives, or
2 are otherwise on duty during the times that the individual's presence is
3 expected, persons who are employed to supervise, direct, treat or monitor the
4 individual.
5 (k) "Likely to injure himself or others" means either:
6 (1) A substantial risk that physical harm will be inflicted by the pro-
7 posed patient upon his own person, as evidenced by threats or attempts to
8 commit suicide or inflict physical harm on himself; or
9 (2) A substantial risk that physical harm will be inflicted by the pro-
10 posed patient upon another as evidenced by behavior which has caused such
11 harm or which places another person or persons in reasonable fear of sus-
12 taining such harm.
13 (l) "Mentally ill" means a person, who as a result of a substantial dis-
14 order of thought, mood, perception, orientation, or memory, which grossly
15 impairs judgment, behavior, capacity to recognize and adapt to reality,
16 requires care and treatment at a facility.
17 (m) "Gravely disabled" means a person who, as the result of mental ill-
18 ness, is in danger of serious physical harm due to the person's inability to
19 provide for his essential needs.
20 (n) "Outpatient commitment" means a court order directing a person to
21 comply with specified mental health treatment requirements, not involving the
22 continuous supervision of a person in an inpatient setting, that are reason-
23 ably designed to alleviate or to reduce a person's illness or disability, or
24 to maintain or prevent deterioration of the person's mental or emotional func-
25 tioning. The specified requirements may include, but need not be limited to,
26 taking prescribed medication, reporting to a facility to permit monitoring of
27 the person's condition, or participating in individual or group therapy or in
28 educational or vocational programs. Outpatient commitment may be up to one (1)
29 year.
30 SECTION 22. That Section 66-324, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 66-324. AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS. The director of any
33 facility is authorized to receive therein for observation, diagnosis, care and
34 treatment any individual committed to the department director pursuant to sec-
35 tions 16-16108, 16-1814 20-520, 18-212, 18-214 or 66-329, or transferred pur-
36 suant to section 66-1201, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Moss
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 185
1 AMENDMENT TO SECTION 1
2 On page 3 of the printed bill, in line 10, delete ", homelessness, or
3 unstable home environment" and insert: "or homelessness".
4 AMENDMENTS TO SECTION 5
5 On page 6, in line 21, delete ", homelessness or unstable home
6 environment" and insert: "or homelessness"; and in lines 30 and 31, delete
7 "provisions of this chapter" and insert: "provisions of this chapter jurisdic-
8 tion of the court upon the grounds set forth in section 16-1603, Idaho Code".
9 AMENDMENT TO SECTION 6
10 On page 7, in line 42, following "appears" insert: "that the court has
11 jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, and".
12 AMENDMENTS TO SECTION 8
13 On page 9, in line 7, following "chapter" insert: "upon the grounds set
14 forth in section 16-1603, Idaho Code"; and in line 24, following "that"
15 insert: ", in addition to the findings required in subsection (c) of this sec-
16 tion,".
17 CORRECTIONS TO TITLE
18 On page 1, in line 5, delete "AND UNSTABLE HOME ENVIRONMENTS"; in lines 15
19 and 16, delete "OR UNSTABLE HOME ENVIRONMENTS"; in line 16, following ","
20 insert: "TO REQUIRE THAT PETITIONS SET FORTH THE FACTS SUPPORTING CERTAIN
21 GROUNDS WHICH BRING A CHILD WITHIN THE JURISDICTION OF THE COURT,".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 185, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE FOR A STATE POLICY INCLUDING THE PERIODIC REVIEW OF CASES IN CHILD
4 PROTECTION PROCEEDINGS, TO PROVIDE FOR CERTAIN COORDINATED EFFORTS AND
5 ACTIONS TO PREVENT HOMELESSNESS FOR CHILDREN, TO PROVIDE CHILDREN WITH
6 PERMANENCY INCLUDING CONCURRENT PLANNING AND TO MAKE TECHNICAL CORREC-
7 TIONS; AMENDING SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS AND TO
8 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1603, IDAHO CODE, TO PRO-
9 VIDE FOR JURISDICTION OVER CERTAIN CHILDREN AND TO MAKE TECHNICAL CORREC-
10 TIONS; AMENDING SECTION 16-1604, IDAHO CODE, TO PROVIDE CORRECT TERMINOL-
11 OGY, TO IMPOSE CERTAIN DUTIES ON THE PARTIES REGARDING OTHER ACTIONS AND
12 ORDERS INVOLVING A CHILD, TO PROVIDE THAT WHERE THERE ARE CERTAIN CON-
13 FLICTING ORDERS THE CHILD PROTECTION ORDER SHALL CONTROL AND TO MAKE TECH-
14 NICAL CORRECTIONS; AMENDING SECTION 16-1605, IDAHO CODE, TO PROVIDE FOR
15 PETITIONS IN CASES OF HOMELESSNESS, TO REQUIRE THAT PETITIONS SET FORTH
16 THE FACTS SUPPORTING CERTAIN GROUNDS WHICH BRING A CHILD WITHIN THE JURIS-
17 DICTION OF THE COURT, TO REQUIRE CERTAIN ASSERTIONS IN A PETITION WHERE A
18 CHILD HAS BEEN OR WILL BE REMOVED FROM THE HOME, TO STRIKE A REFERENCE TO
19 PLACEMENT DUE TO IMMEDIATE DANGER, TO PROVIDE THAT THE COURT MAY COMBINE
20 PETITIONS AND HEARINGS IN CERTAIN CASES AND TO MAKE TECHNICAL CORRECTIONS;
21 AMENDING SECTION 16-1606, IDAHO CODE, TO PROVIDE THAT THE CLERK OF THE
22 COURT MAY ISSUE SUMMONS, TO DELETE A REFERENCE TO CERTAIN PERSONS BEING
23 SUMMONED INTO COURT, TO PROVIDE FOR SUMMONS FOR HEARING, TO PROVIDE THAT
24 IN CERTAIN CASES THE COURT MAY ENDORSE UPON THE SUMMONS AN ORDER FOR
25 REMOVAL OF A CHILD FROM HIS PRESENT CONDITION OR SURROUNDINGS AND MAY VEST
26 LEGAL CUSTODY WITH THE DEPARTMENT OF HEALTH AND WELFARE OR OTHER AUTHO-
27 RIZED AGENCY AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE ENDORSEMENT;
28 AMENDING CHAPTER 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
29 TION 16-1607A, IDAHO CODE, TO PROVIDE FOR HEARINGS UNDER THE CHILD PROTEC-
30 TIVE ACT; AMENDING SECTION 16-1608, IDAHO CODE, TO PROVIDE FOR PRETRIAL
31 CONFERENCES BEFORE ADJUDICATORY HEARINGS, TO PROVIDE FOR DELIVERY OF
32 INVESTIGATIVE REPORTS, TO PROVIDE FOR A DETERMINATION OF JURISDICTION, TO
33 PROVIDE FOR DECREES OF THE COURT, TO PROVIDE THAT CERTAIN INFORMATION IS
34 TO BE CONSIDERED BY THE COURT AND TO REQUIRE THE COURT TO PLACE THE CHILD,
35 TO REQUIRE SPECIFIED WRITTEN FINDINGS IN CERTAIN CASES, TO PROVIDE FOR THE
36 BINDING EFFECT AND DURATION OF CERTAIN DECREES AND TO REQUIRE WRITTEN CASE
37 PLANS, TO PROVIDE FOR THE DURATION OF CERTAIN DECREES AND TO PROVIDE FOR
38 OTHER TERMS OF A DECREE, TO PROVIDE FOR PROTECTIVE ORDERS IN CERTAIN
39 CASES, TO PROVIDE FOR DISMISSAL OF CERTAIN PETITIONS; AMENDING SECTION
40 16-1609, IDAHO CODE, TO PROVIDE FOR DELIVERY AND RECEIPT OF THE INVESTIGA-
41 TIVE REPORT AND TO PROVIDE FOR CONSIDERATION AND USE OF THE REPORT; AMEND-
42 ING SECTION 16-1609A, IDAHO CODE, TO PROVIDE FOR REVIEW OF A REPRESENTA-
43 TIVE SELECTION OF CERTAIN CASES BY A MULTIDISCIPLINARY TEAM AND TO PROVIDE
44 THAT LACK OF REVIEW BY A MULTIDISCIPLINARY TEAM WILL NOT DEFEAT THE JURIS-
45 DICTION OF THE COURT IN ANY PARTICULAR CASE AND TO MAKE A TECHNICAL COR-
46 RECTION; AMENDING SECTION 16-1610, IDAHO CODE, TO PROVIDE FOR WRITTEN CASE
2
1 PLANS, TO PROVIDE FOR NOTICE OF THE PLANNING HEARING, TO EXCLUDE FOSTER
2 PARENTS AS PARTIES TO THE ACTION, TO PROVIDE THAT THE CASE PLAN SHALL
3 INCLUDE CERTAIN INFORMATION RELATING TO PLACEMENT AND TO PROVIDE THAT CER-
4 TAIN CONNECTIONS OF THE CHILD TO THE COMMUNITY SHALL BE MAINTAINED WHEN-
5 EVER POSSIBLE, TO PROVIDE FOR ENTRY INTO THE RECORD OF COURT APPROVED CASE
6 PLANS AS ORDERS OF THE COURT AND TO PROVIDE THAT IN CERTAIN CASES THE
7 ORDER WILL REQUIRE REASONABLE EFFORTS TO REUNIFY THE FAMILY OR FINALIZE
8 PLACEMENT OF THE CHILD; AMENDING SECTION 16-1611, IDAHO CODE, TO PROVIDE
9 FOR REVIEW HEARINGS AND PERMANENCY HEARINGS, TO PROVIDE CORRECT TERMINOL-
10 OGY, TO PROVIDE CORRECT CODE REFERENCES, TO STRIKE REFERENCE TO PETITIONS
11 FOR REVIEW, TO PROVIDE FOR FILING BY THE DEPARTMENT OF HEALTH AND WELFARE
12 OR ANY PARTY, TO PROHIBIT FILING OF A MOTION BY CERTAIN RESPONDENTS, TO
13 PROVIDE FOR REVIEW OF CERTAIN CASES AND PERMANENCY PLANS, TO PROVIDE A
14 PROCEDURE FOR HEARINGS TO REVIEW PERMANENCY PLANS, TO PROVIDE FOR HEARING
15 OFFICERS, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE MAY MOVE
16 THE COURT FOR RELIEF FROM ITS DUTY TO SEEK TERMINATION OF PARENTAL RIGHTS
17 IN CERTAIN CASES AND TO PROVIDE FOR RELIEF FROM THE DUTY IN CERTAIN CASES;
18 AMENDING SECTION 16-1612, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
19 PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE;
20 AMENDING SECTION 16-1613, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
21 PROVIDE CORRECT TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
22 SECTION 16-1614, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE
23 FOR THE JURISDICTION OF THE COURT, TO PROVIDE THAT AT HEARING IT MAY BE
24 SHOWN THAT IT IS CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN THE
25 HOME AND TO PROVIDE FOR TEMPORARY LEGAL CUSTODY; AMENDING SECTION 16-1615,
26 IDAHO CODE, TO PROVIDE FOR TEMPORARY LEGAL CUSTODY, TO PROVIDE CORRECT
27 CODE REFERENCES AND TO PROVIDE THAT PETITIONS TO TERMINATE PARENTAL RIGHTS
28 SHALL BE FILED AS MOTIONS IN EXISTING CHILD PROTECTION ACTIONS; AMENDING
29 SECTION 16-1617, IDAHO CODE, TO PROVIDE FOR LEGAL CUSTODY; AMENDING SEC-
30 TION 16-1618, IDAHO CODE, TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE
31 GUARDIAN AD LITEM IN CERTAIN CHILD PROTECTION ACT CASES AND TO PROVIDE FOR
32 THE APPOINTMENT OF SEPARATE COUNSEL FOR THE CHILD IN CERTAIN CASES, TO
33 STRIKE A REFERENCE TO APPOINTMENT OF COUNSEL FOR PARENTS IN CERTAIN CASES,
34 TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE CHILD IN CERTAIN CASES AND
35 TO PROVIDE THAT IN CERTAIN CASES THE ATTORNEY FOR THE CHILD SHALL HAVE THE
36 POWERS AND DUTIES OF A GUARDIAN AD LITEM; AMENDING SECTION 16-1623, IDAHO
37 CODE, TO REQUIRE THE DEPARTMENT OF HEALTH AND WELFARE TO FILE A PERMANENCY
38 PLAN AND RECOMMENDATIONS WITH THE COURT WITHIN A SPECIFIED TIME AND TO
39 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 56-204B, IDAHO CODE, TO
40 DELETE A REFERENCE TO THE DESIGNATION OF PLACES OF SHELTER BY THE MAGIS-
41 TRATE COURTS; AMENDING SECTION 66-317, IDAHO CODE, TO PROVIDE A CORRECT
42 CODE REFERENCE; AND AMENDING SECTION 66-324, IDAHO CODE, TO PROVIDE A COR-
43 RECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION.
44 Be It Enacted by the Legislature of the State of Idaho:
45 SECTION 1. That Section 16-1601, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-1601. POLICY. The policy of the state of Idaho is hereby declared to
48 be the establishment of a legal framework conducive to the judicial processing
49 including periodic review of child abuse, abandonment and neglect cases, and
50 the protection of children whose life, health or welfare is endangered. At all
51 times the health and safety of the child shall be the primary concern. Each
52 child coming within the purview of this chapter shall receive, preferably in
3
1 his own home, the care, guidance and control that will promote his welfare and
2 the best interest of the state of Idaho, and if he is removed from the control
3 of one (1) or more of his parents, guardian or other custodian, the state
4 shall secure adequate care for him; provided, however, that the state of Idaho
5 shall, to the fullest extent possible, seek to preserve, protect, enhance and
6 reunite the family relationship. This chapter seeks to coordinate efforts by
7 state and local public agencies, in cooperation with private agencies and
8 organizations, citizens' groups, and concerned individuals, to:
9 (1) pPreserve the privacy and unity of the family whenever possible;
10 (2) tTake such actions as may be necessary and feasible to prevent the
11 abuse, neglect, or abandonment or homelessness of children;
12 (3) Take such actions as may be necessary to provide the child with per-
13 manency including concurrent planning;
14 (4) Cclarify for the purposes of this act the rights and responsibilities
15 of parents with joint legal or joint physical custody of children at risk.
16 SECTION 2. That Section 16-1602, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 16-1602. DEFINITIONS. For purposes of this chapter:
19 (a1) "Abused" means any case in which a child has been the victim of:
20 (1a) Conduct or omission resulting in skin bruising, bleeding, malnutri-
21 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell-
22 ing, failure to thrive or death, and such condition or death is not justi-
23 fiably explained, or where the history given concerning such condition or
24 death is at variance with the degree or type of such condition or death,
25 or the circumstances indicate that such condition or death may not be the
26 product of an accidental occurrence; or
27 (2b) Sexual conduct, including rape, molestation, incest, prostitution,
28 obscene or pornographic photographing, filming or depiction for commercial
29 purposes, or other similar forms of sexual exploitation harming or threat-
30 ening the child's health or welfare or mental injury to the child.
31 (b2) "Abandoned" means the failure of the parent to maintain a normal
32 parental relationship with his child including, but not limited to, reasonable
33 support or regular personal contact. Failure to maintain this relationship
34 without just cause for a period of one (1) year shall constitute prima facie
35 evidence of abandonment.
36 (c3) "Adjudicatory hearing" means a hearing to determine:
37 (a) Whether the child comes truth of the allegations in the petition
38 filed under the jurisdiction of the court pursuant to the provisions of
39 this chapter;
40 (b) Whether continuation of the child in the home would be contrary to
41 the child's welfare and whether the best interests of the child require
42 protective supervision or vesting legal custody of the child in an autho-
43 rized agency;
44 (c) Whether aggravated circumstances as defined in section 16-1608, Idaho
45 Code, exist.
46 (d4) "Authorized agency" means the department, a local agency, a person,
47 an organization, corporation, benevolent society or association licensed or
48 approved by the department or the court to receive children for control, care,
49 maintenance or placement.
50 (e5) "Child" means an individual who is under the age of eighteen (18)
51 years.
52 (f6) "Child advocate coordinator" means a person or entity receiving
53 moneys from the grant administrator for the purpose of carrying out any of the
4
1 duties as set forth in section 16-1630, Idaho Code.
2 (g7) "Circumstances of the child" includes, but is not limited to, the
3 joint legal custody or joint physical custody of the child.
4 (h8) "Commit" means to transfer legal and physical custody.
5 (i9) "Concurrent planning" means a planning model that prepares for and
6 implements different outcomes at the same time.
7 (10) "Court" means district court or magistrate's division thereof, or if
8 the context requires, a magistrate or judge thereof.
9 (j11) "Custodian" means a person, other than a parent or legal guardian,
10 to whom legal or joint legal custody of the child has been given by court
11 order or who is acting in loco parentis.
12 (k12) "Department" means the department of health and welfare and its
13 authorized representatives.
14 (l) "Disposition hearing" means a hearing to determine whether the best
15 interests of the child require protective supervision or vesting legal custody
16 of the child in an authorized agency.
17 (m13) "Family or household member" shall have the same meaning as in sec-
18 tion 39-6303(3), Idaho Code.
19 (n14) "Foster care" means twenty-four (24) hour substitute care for chil-
20 dren placed away from their parents or guardians and for whom the state agency
21 has placement and care responsibility.
22 (15) "Grant administrator" means any such organization or agency as may be
23 designated by the supreme court from time to time to administer funds from the
24 guardian ad litem account in accordance with the provisions of this chapter.
25 (o16) "Guardian ad litem" means a person appointed by the court pursuant
26 to a guardian ad litem volunteer program to act as special advocate for a
27 child under this chapter.
28 (p17) "Guardian ad litem program" means the program to recruit, train and
29 coordinate volunteer persons to serve as guardians ad litem for abused,
30 neglected or abandoned children.
31 (q18) "Law enforcement agency" means a city police department, the prose-
32 cuting attorney of any county, state law enforcement officers, or the office
33 of a sheriff of any county.
34 (r19) "Legal custody" means a relationship created by order of the court,
35 which vests in a custodian the following duties and rights:
36 (1a) To have physical custody and control of the child, and to determine
37 where and with whom the child shall live.
38 (2b) To supply the child with food, clothing, shelter and incidental
39 necessities.
40 (3c) To provide the child with care, education and discipline.
41 (4d) To authorize ordinary medical, dental, psychiatric, psychological,
42 or other remedial care and treatment for the child, including care and
43 treatment in a facility with a program of services for children; and to
44 authorize surgery if the surgery is deemed by two (2) physicians licensed
45 to practice in this state to be necessary for the child.
46 (5e) Where the parents share legal custody, the custodian may be vested
47 with the custody previously held by either or both parents.
48 (s20) "Mental injury" means a substantial impairment in the intellectual
49 or psychological ability of a child to function within a normal range of per-
50 formance and/or behavior, for short or long terms.
51 (t21) "Neglected" means a child:
52 (1a) Who is without proper parental care and control, or subsistence,
53 education, medical or other care or control necessary for his well-being
54 because of the conduct or omission of his parents, guardian or other cus-
55 todian or their neglect or refusal to provide them; provided, however, no
5
1 child whose parent or guardian chooses for such child treatment by prayers
2 through spiritual means alone in lieu of medical treatment, shall be
3 deemed for that reason alone to be neglected or lack parental care neces-
4 sary for his health and well-being, but further provided this subsection
5 shall not prevent the court from acting pursuant to section 16-1616, Idaho
6 Code; or
7 (2b) Whose parents, guardian or other custodian are unable to discharge
8 their responsibilities to and for the child because of incarceration, hos-
9 pitalization, or other physical or mental incapacity; or
10 (3c) Who has been placed for care or adoption in violation of law.
11 (22) "Permanency hearing" means a hearing to review, approve, reject or
12 modify the permanency plan of the department, and review reasonable efforts in
13 accomplishing the permanency plan.
14 (23) "Permanency plan" means a plan for a continuous residence and mainte-
15 nance of nurturing relationships during the child's minority.
16 (24) "Planning hearing" means a hearing to:
17 (a) Review, approve, modify or reject the case plan; and
18 (b) Review reasonable efforts being made to rehabilitate the family; and
19 (c) Review reasonable efforts being made to reunify the children with a
20 parent or guardian.
21 (u25) "Protective order" means an order created by the court granting
22 relief as delineated in section 39-6306, Idaho Code, and shall be for a period
23 not to exceed three (3) months unless otherwise stated herein. Failure to com-
24 ply with the order shall be a misdemeanor.
25 (v26) "Protective supervision" means a legal status created by court order
26 in neglect and abuse cases whereby the child is permitted to remain in his
27 home under supervision by the department.
28 (w27) "Residual parental rights and responsibilities" means those rights
29 and responsibilities remaining with the parents after the transfer of legal
30 custody including, but not necessarily limited to, the right of visitation,
31 the right to consent to adoption, the right to determine religious affilia-
32 tion, the right to family counseling when beneficial, and the responsibility
33 for support.
34 (x28) "Shelter care" means places designated by the department for tempo-
35 rary care of children pending court disposition or placement.
36 SECTION 3. That Section 16-1603, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided
39 herein, the court shall have exclusive original jurisdiction in all proceed-
40 ings under this chapter concerning any child living or found within the state:
41 (a) wWho is neglected, abused or abandoned by his parents, guardian or
42 other legal custodian, or who is homeless; or
43 (b) wWhose parents or other legal custodian fails or is unable to provide
44 a stable home environment.
45 (2) If the court has taken jurisdiction over a child under subsection (1)
46 of this section, it may take jurisdiction over another child living or having
47 custodial visitation in the same household without the filing of a separate
48 petition if it finds all of the following:
49 (a) The other child is living or is found within the state;
50 (b) The other child has been exposed to or is at risk of being a victim
51 of abuse, neglect or abandonment;
52 (c) The other child is listed in the petition or amended petition;
53 (d) The parents or legal guardians of the other child have notice as pro-
6
1 vided in section 16-1606, Idaho Code.
2 SECTION 4. That Section 16-1604, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 16-1604. RETENTION OF JURISDICTION. (1) Jurisdiction obtained by the
5 court under this chapter shall be retained until the child's becomes eighteen
6 (18) years of age eighteenth birthday, unless terminated prior thereto. Such
7 jJurisdiction of the court shall not be terminated by an order of termination
8 of parental rights if guardianship and/or custody of the child is placed with
9 the department of health and welfare.
10 (2) The parties have an ongoing duty to inquire concerning, and inform
11 the court as soon as possible about, any other pending actions or current
12 orders involving the child. In the event there are conflicting orders from
13 Idaho courts concerning the child, the child protection order is controlling.
14 SECTION 5. That Section 16-1605, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1605. PETITION. (a) A petition invoking the jurisdiction of the court
17 under this chapter shall be filed in the manner provided in this section:
18 (1) A petition must be signed by the prosecutor or deputy attorney gen-
19 eral before being filed with the court.
20 (2) Any person or governmental body of this state having evidence of
21 abuse, abandonment, or neglect or homelessness of a child may request the
22 attorney general or prosecuting attorney to file a petition. The prosecut-
23 ing attorney of the county where the child resides may file a petition on
24 behalf of any child whose parent, guardian, or custodian has been accused
25 in a criminal complaint of the crime of cruel treatment or neglect as
26 defined in section 18-1501, Idaho Code.
27 (b) Petitions shall be entitled "In the Matter of .............., a child
28 under the age of eighteen (18) years" and shall be verified and set forth with
29 specificity:
30 (1) The facts which bring the child within the provisions of this chapter
31 jurisdiction of the court upon the grounds set forth in section 16-1603,
32 Idaho Code, with the actions of each parent described therein;
33 (2) The name, birthdate, sex, and residence address of the child;
34 (3) The name, birthdate, sex, and residence address of all other children
35 living at or having custodial visitation at the home where the injury to
36 the subject child occurred;
37 (4) The names and residence addresses of both the mother and father,
38 guardian or other custodian. If neither of his parents, guardian or other
39 custodian resides or can be found within the state, or if their residence
40 addresses are unknown, the name of any known adult relative residing
41 within the state.;
42 (5) The names and residence addresses of each person having sole or joint
43 legal custody of the children described in this section.;
44 (6) Whether or not there exists a legal document including, but not lim-
45 ited to, a divorce decree, stipulation or parenting agreement controlling
46 the custodial status of the children described in this section.;
47 (7) Whether the child is in shelter care, and, if so, the type and nature
48 of the shelter care, the circumstances necessitating such care and the
49 date and time he was placed in such care.;
50 (8) When any of the facts required by this section cannot be determined,
51 the petition shall so state. The petition may be based on information and
7
1 belief but in such case the petition shall state the basis of such infor-
2 mation and belief.;
3 (9) If the child has been or will be removed from the home, tThe petition
4 shall state that:
5 (i) Remaining in the home was contrary to the welfare of the child;
6 and
7 (ii) Vesting legal custody of the child in the department or other
8 authorized agency is in the best interests of the child; and
9 (iii) Rreasonable efforts have been made prior to the placement of
10 the child in care to prevent the removal of the child from his home
11 or, if such efforts were not provided, that placement was due to
12 immediate danger to the child, or that reasonable efforts to prevent
13 placement were not required as the parent subjected the child to
14 aggravated circumstances.;
15 (10) The petition shall state with specificity whether a parent with joint
16 legal custody or a noncustodial parent has been notified of placement.;
17 (11) The petition shall state whether a court has adjudicated the custo-
18 dial rights of the parents and shall set forth the custodial status of the
19 child.;
20 (12) The court may combine petitions and hearings where multiple petitions
21 have been filed involving related children, parents or guardians.
22 SECTION 6. That Section 16-1606, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 16-1606. SUMMONS. (a) After a petition has been filed, the clerk of the
25 court may issue a summons requiring the person or persons who have custody of
26 the child to bring the child before the court at the adjudicatory hearing held
27 in accordance with section 16-1608, Idaho Code. If persons have joint custody
28 of an injured, abandoned or abused child, those persons shall be summoned into
29 court if they are found within the jurisdiction of the court. If the person or
30 persons so summoned shall be other than the parent or guardian of the child,
31 then eEach parent or guardian shall also be notified in the manner hereinafter
32 provided of the pendency of the case and the time and place set for the hear-
33 ing. A summons may shall be issued and served requiring the appearance of each
34 parent and legal guardian, and a summons may be issued and served for any
35 other person whose presence is required by the child, either of his parents or
36 guardian or any other person whose presence, in the opinion of the court, is
37 necessary.
38 (b) A copy of the petition shall be attached to each summons.
39 (c) The summons shall notify each of the parents, guardian or legal cus-
40 todian of their right to retain and be represented by counsel. Each parent or
41 legal guardian of each child named in the petition shall be notified by the
42 court of the case and of the time and place set for the hearing.
43 (d) If based on facts presented to the court, it appears that the court
44 has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code,
45 and that the child should be removed from his present condition or surround-
46 ings in order to protect his health or welfare because continuation in such
47 condition or surroundings would be contrary to the welfare of the child and
48 vesting legal custody with the department or other authorized agency would be
49 in the child's best interests, the court may so order by endorsement upon the
50 summons. The endorsement shall specifically state that continuation in the
51 present condition or surroundings is contrary to the welfare of the child and
52 shall require a peace officer or other suitable person to take the child at
53 once to a place of shelter care designated by the court authorized agency
8
1 which shall provide shelter care for the child.
2 (e) If it appears that the child is safe in his present condition or sur-
3 roundings and it is not in his best interest to remove him at this time, the
4 court may issue a protective order based on an affidavit pending the
5 adjudicatory hearing. If the child is in joint custody, the protective order
6 shall state with specificity the rights and responsibilities of each parent.
7 Each parent shall be provided with a copy of the protective order.
8 SECTION 7. That Chapter 16, Title 16, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 16-1607A, Idaho Code, and to read as follows:
11 16-1607A. HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under
12 this chapter shall be dealt with by the court at hearings separate from those
13 for adults and without a jury. The hearings shall be conducted in an informal
14 manner and may be adjourned from time to time. The general public shall be
15 excluded, and only such persons shall be admitted as are found by the court to
16 have a direct interest in the case. The child may be excluded from hearings at
17 any time at the discretion of the court. If the parent or guardian is without
18 counsel, the court shall inform them of their right to be represented by coun-
19 sel and to appeal from any disposition or order of the court.
20 (2) When a child is summoned as a witness in any hearing under this act,
21 notwithstanding any other statutory provision, parents, a counselor, a friend,
22 or other person having a supportive relationship with the child shall, if
23 available, be permitted to remain in the courtroom at the witness stand with
24 the child during the child's testimony unless, in written findings made and
25 entered, the court finds that the constitutional right of the child's
26 parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly
27 prejudiced.
28 (3) At any stage of a proceeding under this chapter, if the court deter-
29 mines that it is in the best interests of the child or society, the court may
30 cause the proceeding to be expanded or altered to include full or partial con-
31 sideration of the cause under the juvenile corrections act without terminating
32 the original proceeding under this chapter.
33 SECTION 8. That Section 16-1608, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1608. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
36 When a petition has been filed, the court shall set an adjudicatory hearing to
37 be held no later than thirty (30) days after the filing of the petition.
38 (b) Proceedings under this chapter shall be dealt with by A pretrial con-
39 ference shall be held outside the presence of the court at a within three (3)
40 to five (5) days before the adjudicatory hearing. separate from those for
41 adults and without a jury. The hearing shall be conducted in an informal man-
42 ner and may be adjourned from time to time. The general public shall be
43 excluded, and only such persons shall be admitted as are found by Investiga-
44 tive reports required under section 16-1609, Idaho Code, shall be delivered to
45 the court to have a direct interest in the case. The child may be excluded
46 from the hearing at any time at the discretion of the court. If the with cop-
47 ies to each of the parents or guardian is without counsel, the court shall
48 inform them of their rights to be represented by counsel and to appeal from
49 any disposition or order of the court and other legal custodians, guardian ad
50 litem and attorney for the child prior to the date set for the pretrial con-
51 ference.
9
1 (c) When a child is summoned as a witness in any If a preponderance of
2 the evidence at the adjudicatory hearing under this act, notwithstanding any
3 other statutory provision, parents, a counselor, a friend, or other person
4 having a supportive relationship with shows that the child shall, if avail-
5 able, be permitted to remain in the courtroom at the witness stand with the
6 child during the child's testimony unless, in written findings made and
7 entered, comes within the court's finds that the constitutional right of the
8 child's parent(s), guardian(s) or other custodian(s) to a fair hearing will be
9 unduly prejudiced jurisdiction under this chapter upon the grounds set forth
10 in section 16-1603, Idaho Code, the court shall so decree and in its decree
11 shall make a finding on the record of the facts and conclusions of law upon
12 which it exercises jurisdiction over the child.
13 (d) At any stage of a proceeding under this chapter, in the best inter-
14 ests Upon entering its decree the court shall consider any information rele-
15 vant to the disposition of the child or society, the court may cause the pro-
16 ceeding to be expanded or altered to include full or partial consideration of
17 the cause under the youth rehabilitation act without terminating the original
18 proceeding but in any event shall:
19 (1) Place the child under protective supervision in his own home for an
20 indeterminate period not to exceed the child's eighteenth birthday; or
21 (2) Vest legal custody in the department or other authorized agency sub-
22 ject to residual parental rights and subject to full judicial review by
23 the court of all matters relating to the custody of the child by the
24 department or other authorized agency.
25 (e) If the court vests legal custody in the department or other autho-
26 rized agency, the court shall make detailed written findings based on facts in
27 the record, that, in addition to the findings required in subsection (c) of
28 this section, continuation of residence in the home would be contrary to the
29 welfare of the child and that vesting legal custody with the department or
30 other authorized agency would be in the best interests of the child. In addi-
31 tion the court shall make detailed written findings based on facts in the
32 record as to whether the department made reasonable efforts to prevent the
33 placement of the child in foster care, including findings, when appropriate,
34 that:
35 (1) Reasonable efforts were made but were not successful in eliminating
36 the need for foster care placement of the child;
37 (2) Reasonable efforts were not made because of immediate danger to the
38 child;
39 (3) Reasonable efforts to temporarily place the child with related per-
40 sons were made but were not successful; or
41 (4) Reasonable efforts were not required as the parent had subjected the
42 child to aggravated circumstances as determined by the court including,
43 but not limited to: abandonment; torture; chronic abuse; sexual abuse;
44 committed murder; committed voluntary manslaughter; aided or abetted,
45 attempted, conspired or solicited to commit such a murder or voluntary
46 manslaughter; committed a felony assault that results in serious bodily
47 injury to any child of the parent; or the parental rights of the parent to
48 a sibling have been terminated involuntarily and that as a result, a hear-
49 ing to determine the permanent future plan for this child will be held
50 within thirty (30) days of this determination.
51 (f) A decree vesting legal custody in the department shall be binding
52 upon the department and may continue until the child's eighteenth birthday.
53 The decree shall state that the department shall prepare a written case plan
54 within thirty (30) days of placement.
55 (g) A decree vesting legal custody in an authorized agency other than the
10
1 department shall be for a period of time not to exceed the child's eighteenth
2 birthday, and on such other terms as the court shall state in its decree to be
3 in the best interests of the child and which the court finds to be acceptable
4 to such authorized agency.
5 (h) In order to preserve the unity of the family system and to ensure the
6 best interests of the child whether issuing an order of protective supervision
7 or an order of legal custody, the court may consider extending or initiating a
8 protective order as part of the decree. The protective order shall be deter-
9 mined as in the best interests of the child and upon a showing of continuing
10 danger to the child. The conditions and terms of the protective order shall be
11 clearly stated in the decree.
12 (i) If the court does not find that the child comes within the jurisdic-
13 tion of this chapter pursuant to subsection (c) of this section it shall dis-
14 miss the petition.
15 SECTION 9. That Section 16-1609, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 16-1609. INVESTIGATION. (a) Where the court has ordered an adjudicatory
18 hearing after the shelter care hearing or when a petition is otherwise filed,
19 the court may order the department to investigate the circumstances of the
20 child and his family and report to the court.
21 (b) The report shall be delivered to the court with copies to each of the
22 parents or other legal custodian at least five (5) days before the date set
23 prior to the pretrial conference for the adjudicatory hearing. If delivered by
24 mail the report must be mailed at least eight (8) days prior to the date of
25 received by the court prior to the pretrial conference for the adjudicatory
26 hearing. The report shall contain a social evaluation of the child and the
27 parents or other legal custodian and such other information as the court shall
28 require.
29 (c) The report shall not be considered by the court for purposes of
30 determining whether the child comes within the jurisdiction of the act. The
31 report may be admitted into evidence at the adjudicatory hearing and shall be
32 used by the court only for disposition if the child is found to be within the
33 purview of this chapter for other purposes.
34 (d) If the court declines to order the department to investigate pursuant
35 to subsection (a) of this section, the court shall state the reasons for so
36 declining in the record.
37 SECTION 10. That Section 16-1609A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 16-1609A. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January 1,
40 1997, the prosecuting attorney in each county shall be responsible for the
41 development of an interagency multidisciplinary team or teams for investiga-
42 tion of child abuse and neglect referrals within each county. The teams shall
43 consist of, but not be limited to, law enforcement personnel, department of
44 health and welfare child protection risk assessment staff, a representative of
45 the prosecuting attorney's office, and any other person deemed to be necessary
46 due to their his special training in child abuse investigation. Other persons
47 may participate in investigation of particular cases at the invitation of the
48 team and as determined necessary, such as medical personnel, school officials,
49 mental health workers, personnel from domestic violence programs or the guard-
50 ian ad litem program.
51 (2) The teams shall develop a written protocol for investigation of child
11
1 abuse cases and for interviewing alleged victims of such abuse or neglect.
2 Each team shall develop written agreements signed by member agencies, specify-
3 ing the role of each agency, procedures to be followed to assess risks to the
4 child and criteria and procedures to be followed to ensure the child victim's
5 safety including removal of the alleged offender.
6 (3) Each team member shall be trained in risk assessment, dynamics of
7 child abuse and interviewing and investigatory techniques.
8 (4) Each team shall classify, assess and review all a representative
9 selection of cases referred to either the department or to law enforcement
10 entities for investigation of child abuse or neglect.
11 (5) Each multidisciplinary team shall develop policies that provide for
12 an independent review of investigation procedures utilized in cases upon com-
13 pletion of any court actions on those cases. The procedures shall include
14 independent citizen input. Nonoffending parents of child abuse victims shall
15 be notified of the review procedure.
16 (6) Prosecuting attorneys of the various counties may determine that
17 multidisciplinary teams may be most effectively established through the use of
18 joint exercise of powers agreements among more than one (1) county and such
19 agreements are hereby authorized.
20 (7) Lack of review by a multidisciplinary team of a particular case does
21 not defeat the jurisdiction of the court.
22 SECTION 11. That Section 16-1610, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 16-1610. DECREE -- DISPOSITION HEARING PLANNING HEARING. (a) If a prepon-
25 derance of the evidence of the adjudicatory hearing shows that the child comes
26 within the purview of this chapter, The department shall prepare a written
27 case plan. The case plan shall be filed with the court shall so decree and in
28 its decree shall make a finding of the facts and conclusions of law upon which
29 it exercises jurisdiction over the child no later than sixty (60) days from
30 the date the child was removed from the home or thirty (30) days after the
31 adjudicatory hearing, whichever occurs first. Copies of the case plan shall be
32 delivered to the parents and other legal guardians, the guardian ad litem and
33 attorney for the child. Within five (5) days of filing the plan, the court
34 shall hold a planning hearing to determine whether to adopt, reject or modify
35 the case plan proposed by the department.
36 (b) Upon entry of its decree, the court may consider any information rel-
37 evant to the disposition of Notice of the planning hearing shall be provided
38 to the parents, legal guardians, guardians ad litem and foster parents.
39 Although foster parents are provided notice of this hearing, they are not par-
40 ties to the child, but in any event shall: protective act action.
41 (1) Place the child under protective supervision in his own home for an
42 indeterminate period not to exceed one (1) year from the date entered but
43 the court may extend the period of time upon a showing by the authorized
44 agency that continued supervision is necessary for the best interests of
45 the child; or
46 (2) Vest legal custody in the department or other authorized agency sub-
47 ject to residual parental rights and subject to full judicial review by
48 the court of all matters relating to the custody of the child by the
49 department or other authorized agency. The court shall make written find-
50 ings as to whether the department made reasonable efforts to prevent the
51 placement of the child in foster care, including findings, when appropri-
52 ate, that:
53 (i) reasonable efforts were made but were not successful in elimi-
12
1 nating the need for foster care placement of the child;
2 (ii) reasonable efforts were not made because of immediate danger to
3 the child;
4 (iii) reasonable efforts to temporarily place the child with related
5 persons were made but were not successful; or
6 (iv) reasonable efforts were not required as the parent had sub-
7 jected the child to aggravated circumstances as determined by the
8 court including, but not limited to: abandonment; torture; chronic
9 abuse; sexual abuse; committed murder; committed voluntary manslaugh-
10 ter; aided or abetted, attempted, conspired or solicited to commit
11 such a murder or voluntary manslaughter; committed a felony assault
12 that results in serious bodily injury to any child of the parent; or
13 the parental rights of the parent to a sibling have been terminated
14 involuntarily and that as a result, a hearing to determine the perma-
15 nent future plan for this child will be held within thirty (30) days
16 of this determination. Reasonable efforts shall be made to place the
17 child in a timely manner in accordance with the permanency plan and
18 to complete whatever steps are necessary to finalize the permanent
19 placement of the child. Whenever possible, the child's connections to
20 the community, including individuals with a significant relationship
21 to the child, religious organizations and community activities, will
22 be maintained through the transition.
23 (3) The court shall make written findings that reasonable efforts to
24 reunify are not required as the parent had subjected the child to aggra-
25 vated circumstances including, but not limited to: abandonment; torture;
26 chronic abuse; sexual abuse; committed murder; committed voluntary man-
27 slaughter; aided or abetted, attempted, conspired or solicited to commit
28 such a murder or voluntary manslaughter; committed a felony assault that
29 results in serious bodily injury to the child or another child of the par-
30 ent; or the parental rights of the parent to a sibling have been termi-
31 nated involuntarily.
32 (c) A decree vesting legal custody in the department The case plan shall
33 be binding upon set forth reasonable efforts which will be made to make it
34 possible for the child to return to his home and shall concurrently include a
35 plan setting forth reasonable efforts to place the child for adoption with a
36 legal guardian or in another approved permanent placement. Whenever possible,
37 the child's connections to the community, including individuals with a signif-
38 icant relationship to the child, religious organizations and community activi-
39 ties, will be maintained through the transition. The plan shall state with
40 specificity the role of the department, and shall state the department shall
41 prepare a written case plan within thirty (30) days of placement designed to
42 make it possible for the child to return to his home or may concurrently con-
43 tain reasonable efforts to place the child for adoption or with a legal guard-
44 ian; shall state with specificity the role of the department toward each par-
45 ent; and shall be for an indeterminate period not to exceed one (1) year from
46 the date entered, except that the department may file a petition with the
47 court requesting renewal of the order and the court, after notice to the par-
48 ties and hearing and finding, may renew the order if it finds such renewal
49 necessary to safeguard the best interests of the child. Renewals may be made
50 during minority, but no order shall have any force or effect beyond minority.
51 The department may petition the court at any time to vacate any order placing
52 a child in its custody or under its protective supervision, but must provide
53 notice of hearing to each parent having joint custody. Upon such renewal, the
54 court shall expressly include in its order determination of the permanency
55 plan for the child that includes whether, and if applicable when, the child
13
1 will be returned to the parent, placed for adoption and the state will file a
2 petition for termination of parental rights, or referred for legal guardian-
3 ship or, in cases where compelling reasons exist that it would not be in the
4 best interest of the child to terminate parental rights, placed in another
5 permanent living arrangement toward each parent and shall be for an indetermi-
6 nate period not to exceed the child's eighteenth birthday.
7 (d) A decree vesting legal custody in an authorized agency other than the
8 department shall be, for an indeterminate period of time not to exceed one (1)
9 year from the date entered, but The case plan, as approved by the court, may
10 extend the period of time during the child's minority upon a showing by the
11 authorized agency that continued custody or supervision is necessary for the
12 best interests of the child, and on such other terms as shall be entered into
13 the record as an order of the court. shall state in its decree to be in the
14 best interests of the child and which the court finds to be acceptable to such
15 authorized agency In the absence of a finding of aggravated circumstances as
16 provided for in section 16-1608(e)(4), Idaho Code, the court's order shall
17 provide that reasonable efforts shall be made to reunify the family in a
18 timely manner in accordance with the case plan or in the alternative to com-
19 plete the steps necessary to finalize the permanent placement of the child.
20 (e) In order to preserve the unity of the family system and to insure the
21 best interests of the child whether issuing an order of protective supervision
22 or an order of legal custody, the court may consider extending or initiating a
23 protective order as part of the decree. The protective order shall be deter-
24 mined as in the best interests of the child and upon a showing of continuing
25 danger to the child. The conditions and terms of the protective order shall be
26 clearly stated in the decree.
27 (f) If the court does not find that the child comes within the purview of
28 this chapter pursuant to subsection (a) of this section it shall dismiss the
29 petition.
30 SECTION 12. That Section 16-1611, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 16-1611. MODIFICATION OR REVOCATION REVIEW AND PERMANENCY HEARINGS. (a)
33 A petition motion for revocation or modification of an order issued under sec-
34 tion 16-16108, Idaho Code, or a petition for review of the child's case may be
35 filed by either of the child's parents or guardian ad litem the department or
36 any party; provided that no petition motion may be filed by the respondents
37 under this section within three (3) months of a prior hearing on care and
38 placement of the child. All persons required to be summoned or notified of the
39 original petition pursuant to section 16-1606, Idaho Code, shall be served
40 with notice of a petition motion for review of a child's case.
41 (b) If the petition motion filed under subsection (a) of this section
42 alleges that the child's best interests are no longer served by carrying out
43 the order issued under section 16-16108, Idaho Code, or the department or
44 other authorized agency has failed to provide adequate care for the child, the
45 court shall hold a hearing on the petition motion.
46 (c) At a hearing to consider for review of the petition filed under sub-
47 section (a) of this section the court shall proceed according to the provi-
48 sions of subsection (b) of section 16-1608, Idaho Code. The court may dismiss
49 the petition or it may revoke or modify the order as required by the best
50 interests of the child child's case and permanency plan shall be held no later
51 than six (6) months after entry of the court's order taking jurisdiction under
52 the act, and every six (6) months thereafter, so long as the child is in the
53 custody of the department or authorized agency.
14
1 (d) A hearing shall be held to review the permanency plan of the depart-
2 ment prior to twelve (12) months from the date the child is removed from the
3 home or the date of the court's order taking jurisdiction under this chapter,
4 whichever occurs first. The court shall review, approve, reject or modify the
5 permanency plan of the department and review progress in accomplishing the
6 permanency plan. This permanency hearing may be combined with the review hear-
7 ing required under subsection (c) of this section.
8 (e) By order of the court a hearing officer may be appointed to conduct
9 hearings under this section.
10 (f) The department or authorized agency may petition move the court at
11 any time to vacate any order placing a child in its custody or under its pro-
12 tective supervision.
13 (g) The department or any party may move the court requesting relief from
14 the duty imposed on the department pursuant to the provisions of section
15 16-1623(i), Idaho Code, that it seek termination of parental rights. The court
16 may grant the department's motion if it appears based on compelling reasons in
17 the record that the presumption has been rebutted.
18 SECTION 13. That Section 16-1612, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1612. CUSTODY -- TIME FOR HEARING EMERGENCY REMOVAL.
21 (a) (1) A child may be taken into custody shelter care by a peace officer
22 or other person appointed by the court without an order issued pursuant to
23 subsection (d) of section 16-1606 or section 16-16108, Idaho Code, only
24 where the child is endangered in his surroundings and prompt removal is
25 necessary to prevent serious physical or mental injury to the child.
26 (2) An alleged offender may be removed from the home of the victim of
27 abuse or neglect by a peace officer or other person appointed by the court
28 without an order, issued pursuant to subsection (e) of section 16-1606,
29 Idaho Code, only where the child is endangered and prompt removal of an
30 alleged offender is necessary to prevent serious physical or mental injury
31 to the child.
32 (b) When a child is taken into custody shelter care under subsection (a)
33 of this section, he may be held for a maximum of forty-eight (48) hours,
34 excluding Saturdays, Sundays and holidays, unless a shelter care hearing has
35 been held pursuant to section 16-1614, Idaho Code, and the court orders an
36 adjudicatory hearing.
37 (c) When an alleged offender is removed from the home under subsection
38 (a) (2) of this section, a motion based on a sworn affidavit by the department
39 must be filed simultaneously with the petition and the court shall determine
40 at a shelter care hearing, held within a maximum of twenty-four (24) hours,
41 excluding Saturdays, Sundays and holidays, whether the relief sought shall be
42 granted, pending an adjudicatory hearing. Notice of such hearing shall be
43 served upon the alleged offender at the time of removal or other protective
44 relief.
45 SECTION 14. That Section 16-1613, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-1613. EMERGENCY REMOVAL -- NOTICE. -- PLACEMENT -- IMMUNITY. (a) A
48 peace officer or other person appointed by the court who takes a child into
49 custody shelter care under section 16-1612, Idaho Code, shall immediately:
50 (1) tTake the child to a place of shelter, and
51 (2) nNotify the court of the action taken and the place to which the
15
1 child was taken, and,
2 (3) nNotify each of the parents, guardian or other legal custodian that
3 the child has been taken into custody shelter care, the type and nature of
4 shelter care, and that the child may be held for a maximum of forty-eight
5 (48) hours, excluding Saturdays, Sundays and holidays, within which time
6 there must be a shelter care hearing.
7 (b) A peace officer or other person appointed by the court who takes a
8 child into custody shelter care under section 16-1612, Idaho Code, shall not
9 be held liable either criminally or civilly unless the action of taking the
10 child was exercised in bad faith and/or the requirements of subsection (a) of
11 this section are not complied with.
12 SECTION 15. That Section 16-1614, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 16-1614. SHELTER CARE HEARING. (a) Notwithstanding any other provision of
15 this chapter, when a child is taken into custody shelter care pursuant to sec-
16 tion 16-1612, Idaho Code, a hearing to determine whether the child should be
17 released shall be held according to the provisions of this section.
18 (b) Each of the parents or custodian from whom the child was removed
19 shall be given notice of the shelter care hearing. Such notice shall include
20 the time, place, and purpose of the hearing; and, that such person is entitled
21 to be represented by legal counsel. Notice as required by this subsection
22 shall be given at least twenty-four (24) hours before the shelter care hear-
23 ing.
24 (c) Notice of the shelter care hearing shall be given to the parents or
25 custodian from whom the child was removed by personal service and the return
26 of service shall be filed with the court and to any person having joint legal
27 or physical custody of the subject child. Provided, however, that such service
28 need not be made where the undelivered notice is returned to the court along
29 with an affidavit stating that such parents or custodian could not be located
30 or were out of the state.
31 (d) The shelter care hearing may be continued for a reasonable time upon
32 request by the parent, custodian or counsel for the child.
33 (e) If, upon the completion of the shelter care hearing, it is shown
34 that:
35 (1) aA petition has been filed; and
36 (2) tThere is reasonable cause to believe the child comes within the pur-
37 view jurisdiction of the court under this chapter and that reasonable
38 efforts to prevent the placement of the child in shelter care could not be
39 provided because of the immediate danger to the child or were provided but
40 were not successful in eliminating the need for foster care placement of
41 the child; and
42 (3) tThe child could not be placed in the temporary sole custody of a
43 parent having joint legal or physical custody; and
44 (4) It is contrary to the welfare of the child to remain in the home; and
45 (5) Iit is in the best interests of the child to remain in temporary
46 shelter care pending the conclusion of the adjudicatory hearing; or
47 (56) tThere is reasonable cause to believe that the child comes within
48 the purview jurisdiction of the court under this chapter, but a reasonable
49 effort to prevent placement of the child outside the home could be
50 affected by a protective order safeguarding the child's welfare and main-
51 taining the child in his present surroundings; the court shall issue,
52 within twenty-four (24) hours of such hearing, an order of temporary legal
53 custody and/or a protective order. Any evidence may be considered by the
16
1 court which is of the type which reasonable people may rely upon.
2 (f) Upon ordering temporary custody shelter care pursuant to subsection
3 (e) of this section, the court shall also order an adjudicatory hearing to be
4 held as soon as possible, but in no event later than thirty (30) days from the
5 date the petition was filed.
6 (g) If the court does not find that the child should remain in shelter
7 care under subsection (e) of this section, the child shall be released and the
8 court may dismiss the petition.
9 SECTION 16. That Section 16-1615, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been
12 placed in the legal custody of the department or under its protective supervi-
13 sion pursuant to section 16-16108, Idaho Code, the department may petition the
14 court for termination of the parent and child relationship in accordance with
15 chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
16 not be in the best interest of the child, the department shall be required to
17 file a petition to terminate parental rights within sixty (60) days of a judi-
18 cial determination that an infant has been abandoned or that reasonable
19 efforts, as defined in section 16-16108(be)(2)(iv), Idaho Code, are not
20 required because the court determines the parent has been convicted of murder
21 or voluntary manslaughter of another sibling of the child or has aided, abet-
22 ted, attempted, conspired or solicited to commit such murder or voluntary man-
23 slaughter and/or if the court determines the parent has been convicted of a
24 felony assault or battery which resulted in serious bodily injury to the child
25 or a sibling. The department shall join as a party to the petition if such a
26 petition to terminate is filed by another party; as well as to concurrently
27 identify, recruit, process and approve a qualified family for adoption unless
28 it is determined that such actions would not be in the best interest of the
29 child, or the child is placed with a relative. If termination of parental
30 rights is granted and the child is placed in the guardianship or legal custody
31 of the department of health and welfare the court, upon petition, shall con-
32 duct a hearing as to the future status of the child within twelve (12) months
33 of the order of termination of parental rights, and every twelve (12) months
34 subsequently until the child is adopted or is in a placement sanctioned by the
35 court. A petition to terminate parental rights shall be filed as a motion in
36 the existing child protective action.
37 SECTION 17. That Section 16-1617, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 16-1617. APPEAL -- EFFECT ON CUSTODY. An interested party aggrieved by
40 any order or decree of the court may appeal to the district court within
41 thirty (30) days of the filing of such order or decree. Where the order
42 affects the custody of a child, the appeal shall be heard at the earliest
43 practicable time. The pendency of an appeal shall not suspend the order of the
44 court regarding a child, and it shall not discharge the child from the legal
45 custody of the authorized agency to whose care he has been committed, unless
46 otherwise ordered by the district court. No bond or undertaking shall be
47 required of any party appealing to the district court under the provisions of
48 this section. Any final order or judgment of the district court shall be
49 appealable to the supreme court of the state of Idaho in the same manner as
50 appeals in other civil actions. The filing of the notice of appeal shall not,
51 unless otherwise ordered, stay the order of the district court.
17
1 SECTION 18. That Section 16-1618, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 16-1618. RIGHT TO COUNSEL -- GUARDIAN AD LITEM. (a) In any proceeding
4 under this chapter the court shall appoint a guardian ad litem for the child
5 or children to serve at each stage of the proceeding and in appropriate cases
6 may shall appoint counsel to represent the child or guardian. The court may
7 appoint independent counsel for a parent if the proceedings are complex, coun-
8 sel is necessary to protect the parent's interests adequately and such inter-
9 ests are not represented adequately by another party, and in appropriate
10 cases, may appoint separate counsel for the child.
11 (b) If a court does not have available to it a guardian ad litem program
12 or a sufficient number of guardians ad litem, the court may shall appoint sep-
13 arate counsel for the child. For a child under the age of twelve (12) years
14 the attorney will have the powers and duties of a guardian ad litem. For a
15 child twelve (12) years of age or older, the court may order that the counsel
16 act with or without the powers and duties of a guardian ad litem.
17 (c) Counsel appointed for the child under the provisions of this section
18 shall be paid for by the county unless the party for whom counsel is appointed
19 has an independent estate sufficient to pay such costs.
20 SECTION 19. That Section 16-1623, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
23 conjunction with the court and other public and private agencies and persons,
24 shall have the primary responsibility to implement the purpose of this chap-
25 ter. To this end, the department is empowered and shall have the duty to do
26 all things reasonably necessary to carry out the purpose of this chapter,
27 including, but not limited to, the following:
28 (a) The department shall administer treatment programs for the protection
29 and care of neglected, abused and abandoned children, and in so doing may
30 place in foster care, shelter care, group homes or other diagnostic, treat-
31 ment, or care centers or facilities, children of whom it has been given cus-
32 tody. The department is to be governed by the standards found in chapter 12,
33 title 39, Idaho Code.
34 (b) On December 1, the department shall make an annual statistical report
35 to the governor covering the preceding fiscal year showing the number and sta-
36 tus of persons in its custody and including such other data as will provide
37 sufficient facts for sound planning in the conservation of children and youth.
38 All officials and employees of the state and of every county and city shall
39 furnish the department upon request, such information within their knowledge
40 and control as the department deems necessary. Local agencies shall report in
41 such uniform format as may be required by the department.
42 (c) The department shall be required to maintain a central registry for
43 the reporting of child neglect, abuse and abandonment information.
44 (d) The department shall make periodic evaluation of all persons in its
45 custody or under its supervision for the purpose of determining whether exist-
46 ing orders and dispositions in individual cases shall be modified or continued
47 in force. Evaluations may be made as frequently as the department considers
48 desirable and shall be made with respect to every person at intervals not
49 exceeding six (6) months. Reports of evaluation made pursuant to this section
50 shall be filed with the court which vested custody of the person with the
51 department. Reports of evaluation shall be provided to persons having full or
52 partial legal or physical custody of a child. Failure of the department to
18
1 evaluate a person or to reevaluate him within six (6) months of a previous
2 examination shall not of itself entitle the person to a change in disposition
3 but shall entitle him, his parent, guardian or custodian or his counsel to
4 petition the court pursuant to section 16-1611, Idaho Code.
5 (e) In a consultive capacity, the department shall assist communities in
6 the development of constructive programs for the protection, prevention and
7 care of children and youth.
8 (f) The department shall keep written records of investigations, evalua-
9 tions, prognosis prognoses and all orders concerning disposition or treatment
10 of every person over whom it has legal custody. Department records shall be
11 subject to disclosure according to chapter 3, title 9, Idaho Code, unless
12 otherwise ordered by the court, the person consents to the disclosure, or dis-
13 closure is necessary for the delivery of services to the person. Notwithstand-
14 ing the provisions restricting disclosure or the exemptions from disclosure
15 provided in chapter 3, title 9, Idaho Code, all records pertaining to investi-
16 gations, the rehabilitation of youth, the protection of children, evaluation,
17 treatment and/or disposition records pertaining to the statutory responsibili-
18 ties of the department shall be disclosed to any duly elected state official
19 carrying out his official functions.
20 (g) The department shall establish appropriate administrative procedures
21 for the processing of complaints of child neglect, abuse and abandonment
22 received and for the implementation of the protection, treatment and care of
23 children formally or informally placed in the custody of the department under
24 this chapter.
25 (h) The department having been granted legal custody of a child, subject
26 to the judicial review provisions of this subsection, shall have the right to
27 determine where and with whom the child shall live, provided that the child
28 shall not be placed outside the state without the court's consent. Provided
29 however, that the court shall retain jurisdiction over the child, which juris-
30 diction shall be entered on any order or petition granting legal custody to
31 the department, and the court shall have jurisdiction over all matters relat-
32 ing to the child. The department shall not place the child in the home from
33 which the court ordered the child removed without first obtaining the approval
34 of the court.
35 (i) The department shall give to the court any information concerning the
36 child that the court may at any time require, but in any event shall report
37 the progress of the child under its custody at intervals of not to exceed six
38 (6) months. The department shall file with the court at least five (5) days
39 prior to the permanency hearing under section 16-1611, Idaho Code, the perma-
40 nency plan and recommendations of the department. There shall be a rebuttable
41 presumption that if a child is placed in the custody of the department and was
42 also placed in out of the home care for a period not less than fifteen (15)
43 out of the last twenty-two (22) months from the date the child entered shelter
44 care, the department shall initiate a petition for termination of parental
45 rights. This presumption may be rebutted by a finding of the court that the
46 filing of a petition for termination of parental rights would not be in the
47 best interests of the child or reasonable efforts have not been provided to
48 reunite the child with his family, or the child is placed permanently with a
49 relative.
50 (j) The department shall establish appropriate administrative procedures
51 for the conduct of administrative reviews and hearings as required by federal
52 statute for all children committed to the department and placed in out of the
53 home care.
54 (k) At any time the department is considering a placement pursuant to
55 this act, the department shall make a reasonable effort to place the child in
19
1 the least disruptive environment to the child and in so doing may consider,
2 without limitation, placement of the child with related persons.
3 SECTION 20. That Section 56-204B, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 56-204B. TEMPORARY SHELTER CARE. The state department shall provide
6 places of shelter which may be designated by the magistrate courts as autho-
7 rized by law for the placement of children for temporary care who have been
8 brought into the custody of the magistrate courts or who have been taken into
9 custody for their protection by peace officers. Such places of shelter may be
10 maintained by the state department or may be licensed foster family homes or
11 licensed foster institutional facilities employed or retained for shelter care
12 by the state department.
13 SECTION 21. That Section 66-317, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol-
16 lowing meanings:
17 (a) "Department director" means the director of the state department of
18 health and welfare.
19 (b) "Voluntary patient" means an individual admitted to a facility for
20 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a
21 facility for treatment pursuant to section 66-318, Idaho Code.
22 (c) "Involuntary patient" means an individual committed pursuant to sec-
23 tion 18-212, 18-214, 66-329 or 66-1201, Idaho Code, or committed pursuant to
24 section 16-16108 or 20-520, Idaho Code, and admitted to a facility for the
25 treatment of minors.
26 (d) "Licensed physician" means an individual licensed under the laws of
27 this state to practice medicine or a medical officer of the government of the
28 United States while in this state in the performance of his official duties.
29 (e) "Designated examiner" means any person designated by the department
30 director as specially qualified by training and experience in the diagnosis
31 and treatment of mental or mentally related illnesses or conditions. Such per-
32 sons shall be psychiatrists, licensed psychologists, licensed physicians, a
33 holder of an earned masters level or higher degree in social work from an
34 accredited program, a registered nurse with an earned masters level or higher
35 degree in psychiatric nursing from an accredited program, or a holder of an
36 earned masters level or higher degree in psychology from an accredited pro-
37 gram.
38 (f) "Dispositioner" means a designated examiner employed by or under con-
39 tract with the department of health and welfare and designated by the depart-
40 ment director to determine the appropriate location for care and treatment of
41 involuntary patients.
42 (g) "Facility" means any public or private hospital, sanatorium, institu-
43 tion, mental health center or other organization designated in accordance with
44 rules adopted by the board of health and welfare as equipped to initially
45 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the
46 mentally ill.
47 (h) "Lacks capacity to make informed decisions about treatment" means the
48 inability, by reason of mental illness, to achieve a rudimentary understanding
49 after conscientious efforts at explanation of the purpose, nature, and possi-
50 ble significant risks and benefits of treatment.
51 (i) "Inpatient treatment facility" means a facility in which an individ-
20
1 ual receives medical and mental treatment for not less than a continuous
2 twenty-four (24) hour period.
3 (j) "Supervised residential facility" means a facility, other than the
4 individual's home, in which the individual lives and in which there lives, or
5 are otherwise on duty during the times that the individual's presence is
6 expected, persons who are employed to supervise, direct, treat or monitor the
7 individual.
8 (k) "Likely to injure himself or others" means either:
9 (1) A substantial risk that physical harm will be inflicted by the pro-
10 posed patient upon his own person, as evidenced by threats or attempts to
11 commit suicide or inflict physical harm on himself; or
12 (2) A substantial risk that physical harm will be inflicted by the pro-
13 posed patient upon another as evidenced by behavior which has caused such
14 harm or which places another person or persons in reasonable fear of sus-
15 taining such harm.
16 (l) "Mentally ill" means a person, who as a result of a substantial dis-
17 order of thought, mood, perception, orientation, or memory, which grossly
18 impairs judgment, behavior, capacity to recognize and adapt to reality,
19 requires care and treatment at a facility.
20 (m) "Gravely disabled" means a person who, as the result of mental ill-
21 ness, is in danger of serious physical harm due to the person's inability to
22 provide for his essential needs.
23 (n) "Outpatient commitment" means a court order directing a person to
24 comply with specified mental health treatment requirements, not involving the
25 continuous supervision of a person in an inpatient setting, that are reason-
26 ably designed to alleviate or to reduce a person's illness or disability, or
27 to maintain or prevent deterioration of the person's mental or emotional func-
28 tioning. The specified requirements may include, but need not be limited to,
29 taking prescribed medication, reporting to a facility to permit monitoring of
30 the person's condition, or participating in individual or group therapy or in
31 educational or vocational programs. Outpatient commitment may be up to one (1)
32 year.
33 SECTION 22. That Section 66-324, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 66-324. AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS. The director of any
36 facility is authorized to receive therein for observation, diagnosis, care and
37 treatment any individual committed to the department director pursuant to sec-
38 tions 16-16108, 16-1814 20-520, 18-212, 18-214 or 66-329, or transferred pur-
39 suant to section 66-1201, Idaho Code.
STATEMENT OF PURPOSE
RS10835
This bill amends several sections of the Child Protective Act
in chapter 16, title 16, Idaho Code, and section 56-2043, Idaho
Code, relating to temporary shelter for the placement of children
who have been taken into custody for their protection, to streamline
the Child Protective Act process, achieve permanency for children in
the system more quickly, provide for the effective use of judicial
time in reviewing cases, and comply with the Federal Adoption and
Safe Families Act.
A committee appointed by the Supreme Court to study children
in foster care has made several recommendations for statutory and
rule changes to help bring about a safe and permanent home for Idaho
children who are being protected from neglect or abuse under the
Idaho child protection law. Among other improvements, these changes
devise new procedures to meet the needs of children whose lives have
been interrupted by reducing the time they spend in foster care
awaiting a judicial determination. The protection of children in
foster care committee also reviewed Idaho statutes from the
perspective of new federal standards governing children in this
setting, and the recommended changes are also designed to meet these
standards so that vital federal funding for these children is not
jeopardized.
FISCAL NOTE
The impact of this bill on state or local funds is very
difficult to estimate, but is not believed to be substantial. In the
short term, there may be some increase in the workloads of the
courts and health and welfare caseworkers in child protection cases.
However, much of this effort is already required by the Federal
Adoption and Safe Families Act. Also, these short-term costs will be
offset because Child Protection Act cases will be resolved more
expeditiously and the time children remain in publicly funded foster
care will be reduced.
Contact Person:
Representative Tom Moss
(208) 332-1000
Statement of Purpose/Fiscal Note H 18