2001 Legislation
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SENATE BILL NO. 1037 – Idaho Safe Haven Act

SENATE BILL NO. 1037

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S1037.................................................by HEALTH AND WELFARE
IDAHO SAFE HAVEN ACT - Adds to and amends existing law relating to
abandoned children to provide definitions; to provide for the emergency
custody of certain abandoned children; to provide for requirements and
confidentiality; to provide immunity from civil and criminal liability; to
provide certain custodial parents with immunity from prosecution for
abandonment; to provide for protective custody; to provide for placement;
to provide for investigations and hearings; to provide for termination of
parent-child relationships; to provide for claims of parental rights of
certain abandoned children; to provide for certification of registry
search; to provide a procedure for claim of parental rights; to provide for
reports to the Legislature; to provide for notification of the registry for
parental claims for certain abandoned children to those registering notice
of commencement of paternity proceedings; to provide for custody of certain
abandoned children without an order; to provide an exception to notice
requirements for shelter care proceedings; to limit the rights and powers
of guardian ad litems to obtain information regarding parents of certain
abandoned children; and to provide that certain parents shall be deemed to
have abandoned a child left with a safe haven, to have waived any right in
relation to the child and to have waived the right to notice of hearing to
terminate parental rights.
                                                                        
01/26    Senate intro - 1st rdg - to printing
01/29    Rpt prt - to Health/Wel
01/31    Rpt out - rec d/p - to 2nd rdg
02/01    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 33-0-1(1 vacant)
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Risch
      Vacant -- Dist. #4
    Floor Sponsor -- Ipsen
    Title apvd - to House
02/07    House intro - 1st rdg - to Health/Wel
03/21    Rpt out - rec d/p - to 2nd rdg
03/22    2nd rdg - to 3rd rdg
03/23    3rd rdg - PASSED - 67-0-2(1 vacant)
      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, Jones, Kellogg, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
      Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Kendell, Pischner
      Vacant -- Dist. #23
    Floor Sponsors -- Henbest & Marley
    Title apvd - to Senate
03/26    To enrol - rpt enrol - pres signed
03/28    Sp signed - to Governor
04/09    Governor signed
         Session Law Chapter 357
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1037
                                                                        
                              BY HEALTH AND WELFARE COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO CERTAIN ABANDONED CHILDREN; AMENDING TITLE 39, IDAHO CODE, BY  THE
  3        ADDITION OF A NEW CHAPTER 81, TITLE 39, IDAHO CODE, TO PROVIDE A TITLE, TO
  4        PROVIDE DEFINITIONS, TO PROVIDE FOR THE EMERGENCY CUSTODY OF CERTAIN ABAN-
  5        DONED  CHILDREN, TO PROVIDE CERTAIN REQUIREMENTS, TO PROVIDE FOR CONFIDEN-
  6        TIALITY, TO PROVIDE IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR CERTAIN
  7        SAFE HAVENS AND TO PROVIDE CERTAIN CUSTODIAL PARENTS  WITH  IMMUNITY  FROM
  8        PROSECUTION FOR ABANDONMENT, TO PROVIDE FOR PROTECTIVE CUSTODY, TO PROVIDE
  9        FOR  PLACEMENT AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABIL-
 10        ITY FOR CERTAIN INDIVIDUALS TAKING CHILDREN INTO CUSTODY, TO  PROVIDE  FOR
 11        SHELTER  CARE  HEARINGS,  TO  PROVIDE  FOR  INVESTIGATIONS, TO PROVIDE FOR
 12        ADJUDICATORY HEARINGS AND TO PROVIDE FOR TERMINATION OF PARENT-CHILD RELA-
 13        TIONSHIPS, TO PROVIDE FOR CLAIMS OF PARENTAL RIGHTS OF  CERTAIN  ABANDONED
 14        CHILDREN,  TO  PROVIDE FOR CERTIFICATION OF REGISTRY SEARCH AND TO PROVIDE
 15        FOR A PROCEDURE WHERE A CLAIM FOR PARENTAL RIGHTS IS MADE AND  TO  PROVIDE
 16        FOR  A REPORT TO THE LEGISLATURE; AMENDING SECTION 16-1513, IDAHO CODE, TO
 17        PROVIDE FOR NOTIFICATION OF THE REGISTRY FOR PARENTAL CLAIMS  FOR  CERTAIN
 18        ABANDONED  CHILDREN  TO THOSE REGISTERING NOTICE OF COMMENCEMENT OF PATER-
 19        NITY PROCEEDINGS; AMENDING SECTION 16-1612, IDAHO  CODE,  TO  PROVIDE  FOR
 20        CUSTODY  OF  CERTAIN ABANDONED CHILDREN WITHOUT AN ORDER; AMENDING SECTION
 21        16-1613, IDAHO CODE, TO PROVIDE AN EXCEPTION TO  NOTICE  REQUIREMENTS  FOR
 22        SHELTER CARE PROCEEDINGS FOR PARENTS OF CERTAIN ABANDONED CHILDREN; AMEND-
 23        ING  SECTION  16-1632,  IDAHO  CODE, TO LIMIT THE RIGHTS AND POWERS OF THE
 24        GUARDIAN AD LITEM TO OBTAIN INFORMATION REGARDING THE PARENTS  OF  CERTAIN
 25        ABANDONED  CHILDREN; AMENDING SECTION 16-2007, IDAHO CODE, TO PROVIDE THAT
 26        CERTAIN PARENTS SHALL BE DEEMED TO HAVE ABANDONED A CHILD LEFT WITH A SAFE
 27        HAVEN AND TO HAVE WAIVED ANY RIGHT IN RELATION TO  THE  CHILD  AND  WAIVED
 28        RIGHT TO NOTICE OF HEARING TO TERMINATE PARENTAL RIGHTS.
                                                                        
 29    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 30        SECTION  1.  That Title 39, Idaho Code, be, and the same is hereby amended
 31    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 32    ter 81, Title 39, Idaho Code, and to read as follows:
                                                                        
 33                                      CHAPTER 81
 34                                 IDAHO SAFE HAVEN ACT
                                                                        
 35        39-8101.  TITLE.  This  chapter  shall  be  known as the "Idaho Safe Haven
 36    Act."
                                                                        
 37        39-8102.  DEFINITIONS. As used in this chapter, the following terms  shall
 38    mean:
 39        (1)  "Custodial  parent,"  for the purposes of this chapter, means, in the
 40    absence of a court decree, the parent with whom the child resides.
 41        (2)  "Safe haven" means:
                                                                        
                                           2
                                                                        
  1        (a)  Hospitals licensed in the state of Idaho;
  2        (b)  Licensed physicians in the state of Idaho and staff working at  their
  3        offices and clinics;
  4        (c)  Advanced  practice  professional  nurses  including  certified nurse-
  5        midwives, clinical nurse specialists, nurse  practitioners  and  certified
  6        registered  nurse  anesthetists licensed or registered pursuant to chapter
  7        14, title 54, Idaho Code;
  8        (d)  Physician assistants licensed pursuant to chapter 18, title 54, Idaho
  9        Code.
 10        (e)  Medical personnel when making an emergency response to a  "911"  call
 11        from a custodial parent, for the purpose of taking temporary physical cus-
 12        tody  of  a  child pursuant to the provisions of this act. For purposes of
 13        this act, "medical personnel" shall include those individuals certified by
 14        the department of health and welfare as:
 15             (i)   First responders;
 16             (ii)  Emergency medical technicians - basic;
 17             (iii) Advanced emergency medical technicians - ambulance;
 18             (iv)  Emergency medical technicians - intermediate; and
 19             (v)   Emergency medical technicians - paramedic.
                                                                        
 20        39-8103.  EMERGENCY CUSTODY OF CERTAIN ABANDONED CHILDREN -- CONFIDENTIAL-
 21    ITY -- IMMUNITY. (1) A safe haven shall take temporary physical custody  of  a
 22    child,  without  court  order,  if the child is personally delivered to a safe
 23    haven, provided that:
 24        (a)  The child is no more than thirty (30) days of age;
 25        (b)  The custodial parent delivers the child to the safe haven; and
 26        (c)  The custodial parent does not express an intent  to  return  for  the
 27        child.
 28        (2)  If  a safe haven takes temporary physical custody of a child pursuant
 29    to subsection (1) of this section, the safe haven shall:
 30        (a)  Perform any act necessary,  in  accordance  with  generally  accepted
 31        standards of professional practice, to protect, preserve, or aid the phys-
 32        ical  health and safety of the child during the temporary physical custody
 33        including, but not limited to, delivering the child to a hospital for care
 34        or treatment; and
 35        (b)  Immediately notify a peace officer or other person appointed  by  the
 36        court of the abandonment.
 37        (3)  The  safe haven shall not inquire as to the identity of the custodial
 38    parent and, if the identity of a parent is known to the safe haven,  the  safe
 39    haven  shall  keep all information as to the identity confidential. The custo-
 40    dial parent leaving the child shall not be required to provide any information
 41    to the safe haven but may voluntarily provide information including,  but  not
 42    limited to, medical history of the parent(s) or the child.
 43        (4)  A  safe  haven  with  responsibility for performing duties under this
 44    section, and any employee, doctor, or other  personnel  working  at  the  safe
 45    haven,  are  immune  from any civil or criminal liability that otherwise might
 46    result from their actions, if they are acting in good  faith  in  receiving  a
 47    child and performing duties under this section.
 48        (5)  A  custodial parent may leave a child with a safe haven in this state
 49    without being subjected to prosecution for abandonment pursuant to the  provi-
 50    sions of title 18, Idaho Code, provided that the child was no more than thirty
 51    (30)  days  of  age when it was left at the safe haven, as determined within a
 52    reasonable degree of medical certainty.
                                                                        
 53        39-8104.  PROTECTIVE CUSTODY -- PLACEMENT -- IMMUNITY. (1) Upon  notifica-
                                                                        
                                           3
                                                                        
  1    tion  by  a  safe haven that a child has been abandoned pursuant to the provi-
  2    sions of this chapter, a peace officer or other person appointed by the  court
  3    shall  take  protective custody of the child and shall immediately deliver the
  4    child to the care, control and custody of the department of  health  and  wel-
  5    fare.  Provided  however, where the child requires further medical evaluation,
  6    care or treatment, the child shall be left in the care of a hospital  and  the
  7    peace  officer  or  other person appointed by the court shall notify the court
  8    and prosecutor of the action taken and the location of the  child  so  that  a
  9    shelter care hearing may be held.
 10        (2)  The  department  of health and welfare shall place an abandoned child
 11    with a potential adoptive parent as soon as possible.
 12        (3)  A peace officer or other person appointed by the court  who  takes  a
 13    child  into custody under this section, shall not be held liable either crimi-
 14    nally or civilly unless the action of taking the child was  exercised  in  bad
 15    faith or in violation of the provisions of this chapter.
                                                                        
 16        39-8105.  SHELTER CARE HEARING -- INVESTIGATION -- ADJUDICATORY HEARING --
 17    TERMINATION  OF PARENT-CHILD RELATIONSHIP. (1) A shelter care hearing shall be
 18    held pursuant to section 16-1614, Idaho Code, and the department shall file  a
 19    petition for adjudicatory hearing to vest legal custody in the department pur-
 20    suant  to section 16-1610, Idaho Code, at or prior to the time set for shelter
 21    care hearing.
 22        (2)  A child protective investigation or criminal investigation shall  not
 23    be initiated based on a claim of abandonment unless a claim of parental rights
 24    is made and the court orders the investigation.
 25        (3)  During the initial thirty (30) day period from the time the child was
 26    delivered  to a safe haven by a custodial parent, the department shall request
 27    assistance from law enforcement officials to investigate through  the  missing
 28    children  information  clearinghouse and other state and national resources to
 29    ensure that the child is not a missing child.
 30        (4)  An adjudicatory hearing shall be conducted pursuant to the provisions
 31    of section 16-1608, Idaho Code, and section 16-1610, Idaho Code.
 32        (5)  As soon as practicable following the initial thirty (30)  day  period
 33    from  the time the child was delivered to a  safe haven by a custodial parent,
 34    the department shall petition to terminate the parental rights of  the  parent
 35    who  abandoned  the child at the safe haven and any unknown parent pursuant to
 36    section 16-1615, Idaho Code, and in accordance  with  chapter  20,  title  16,
 37    Idaho Code.
                                                                        
 38        39-8106.  CLAIM  OF  PARENTAL  RIGHTS  --  PROCEDURE. (1)  A parent of the
 39    child may make a claim of parental rights of  an  abandoned  child,  abandoned
 40    pursuant  to  the  provisions  of this chapter, by filing a notice of claim of
 41    parental rights with the vital statistics unit of the department of health and
 42    welfare. The vital statistics unit of the department  of  health  and  welfare
 43    shall  maintain  an  abandoned  child registry for this purpose which shall be
 44    subject to disclosure according to chapter 3, title 9, Idaho Code. The depart-
 45    ment shall provide forms for the purpose of filing a claim of parental rights,
 46    and the forms shall be made available through the vital statistics unit of the
 47    Idaho department of health and welfare and in the office of the  county  clerk
 48    in  every  county  of  this  state. Any parent claiming a parental right of an
 49    abandoned child, abandoned pursuant to the provisions of this  chapter,  shall
 50    file  the  form with the vital statistics unit of the department of health and
 51    welfare.  The form must be filled out completely  and  provide  the  name  and
 52    address  for  service of the person asserting the parental claim and set forth
 53    the approximate date the child was left in a safe  haven.  The  form  must  be
                                                                        
                                           4
                                                                        
  1    signed  by  the  person  claiming the parental right and be witnessed before a
  2    notary public. The department shall record the date  and  time  the  claim  of
  3    parental  rights is filed with the department. The claim shall be deemed to be
  4    duly filed with the department as of the date and time recorded on  the  claim
  5    by  the  department.  To  be  valid,  a claim of parental rights must be filed
  6    before an order terminating parental rights is entered by the court. A  parent
  7    that  fails to file a claim of parental rights prior to entry of an order ter-
  8    minating their parental rights is deemed  to  have  abandoned  the  child  and
  9    waived and surrendered any right in relation to the child, including the right
 10    to  notice  of  any  judicial proceeding in connection with the termination of
 11    parental rights or adoption of the child. Registration of notice of  commence-
 12    ment  of  paternity  proceedings pursuant to chapter 15, title 16, Idaho Code,
 13    shall not satisfy the requirements of this section.
 14        (2)  Prior to the time set for hearing on the petition to terminate paren-
 15    tal rights filed by the department of health and welfare, and prior  to  entry
 16    of an order terminating parental rights by the court, the department of health
 17    and  welfare shall obtain and file with the court a certificate from the vital
 18    statistics unit of the department of health and welfare, signed by  the  state
 19    registrar  of  vital statistics, which certificate shall state that a diligent
 20    search has been made of the registry of claims of parental rights of abandoned
 21    children, abandoned pursuant to this chapter, and shall set forth the  results
 22    of that search.
 23        (3)  If  a  claim  of  parental rights is made before an order terminating
 24    parental rights is entered by the court, notice pursuant to  section  16-2007,
 25    Idaho  Code, will be required and the court shall hold the action for involun-
 26    tary termination of parental rights in abeyance for a period of  time  not  to
 27    exceed  sixty  (60)  days  unless  otherwise ordered by the court. During that
 28    period:
 29        (a)  The court shall order  genetic  testing  to  establish  maternity  or
 30        paternity,  at  the expense of the person or persons claiming the parental
 31        right.
 32        (b)  The department of health and welfare shall conduct  an  investigation
 33        pursuant to section 16-2008, Idaho Code, and in those cases where a guard-
 34        ian  ad  litem  has  been  appointed, the guardian ad litem shall have all
 35        rights, powers and duties as provided for in chapter 16, title  16,  Idaho
 36        Code, and as provided for in chapter 20, title 16, Idaho Code.
 37        (c)  When indicated as a result of the investigation, a shelter care hear-
 38        ing  shall  be  conducted by the court in accordance with section 16-1614,
 39        Idaho Code, within forty-eight (48)  hours,  or  at  an  earlier  time  if
 40        ordered  by the court, to determine whether the child should remain in the
 41        physical custody of the department or be released to  a  parent  or  other
 42        third party.
 43        (d)  Further proceedings shall be conducted as the court determines appro-
 44        priate.  However, where a claim of parental rights is made before an order
 45        terminating parental rights is entered by the court, a parent shall not be
 46        found to have neglected or abandoned a child  placed  in  accordance  with
 47        this chapter solely because the child was left with a safe haven.
 48        (4)  If  there is no showing that a parent has claimed a parental right to
 49    the child, the department of health and welfare shall file with  the  court  a
 50    certificate  from  the  vital  statistics unit of the department of health and
 51    welfare, signed by the state registrar of vital  statistics,  stating  that  a
 52    diligent  search has been made of the registry of parental claims for children
 53    abandoned pursuant to the provisions of this  chapter  and  that  no  parental
 54    claim  has  been  made. The certificate shall be filed with the court prior to
 55    the entrance of the final order of termination of parental rights.
                                                                        
                                           5
                                                                        
  1        39-8107.  REPORT TO LEGISLATURE. The  department  of  health  and  welfare
  2    shall  evaluate  the program and shall submit a written report on the program,
  3    including recommendations for revisions and improvements, to the senate health
  4    and welfare committee and the house of representatives health and welfare com-
  5    mittee of the legislature of the state of Idaho no later than  two  (2)  years
  6    after the effective date of this act.
                                                                        
  7        SECTION  2.  That  Section 16-1513, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        16-1513.   REGISTRATION OF NOTICE OF COMMENCEMENT  OF  PATERNITY  PROCEED-
 10    INGS.  (1)  A  person  who is the father or claims to be the father of a child
 11    born out of wedlock may claim rights pertaining to his paternity of the  child
 12    by  commencing  proceedings to establish paternity under section 7-1111, Idaho
 13    Code, and by filing with the vital statistics unit of the department of health
 14    and welfare notice of his commencement of proceedings to establish his  pater-
 15    nity  of  the  child  born  out  of  wedlock. The vital statistics unit of the
 16    department of health and welfare shall provide forms for the purpose of filing
 17    the notice of commencement of paternity proceedings, and the  forms  shall  be
 18    made  available  through  the vital statistics unit of the Idaho department of
 19    health and welfare and in the office of the county clerk in  every  county  of
 20    this  state. The forms shall include a written notification that filing pursu-
 21    ant to this section shall not satisfy the requirements of  chapter  81,  title
 22    39,  Idaho  Code, and the notification shall also include the following state-
 23    ments:
 24        (a)  A parent may make a claim of parental rights of an  abandoned  child,
 25        abandoned  pursuant to the provisions of chapter 81, title 39, Idaho Code,
 26        as provided by section 39-8106, Idaho Code, by filing a notice of claim of
 27        parental rights with the vital statistics unit of the department of health
 28        and welfare on a form as prescribed and provided by the  vital  statistics
 29        unit of the department of health and welfare;
 30        (b)  The  vital  statistics  unit  of the department of health and welfare
 31        shall maintain a separate registry for claims to abandoned children, aban-
 32        doned pursuant to the provisions of chapter 81, title 39, Idaho Code;
 33        (c)  The department shall provide forms for the purpose of filing a  claim
 34        of parental rights of an abandoned child, abandoned pursuant to the provi-
 35        sions  of  chapter  81,  title 39, Idaho Code, and the forms shall be made
 36        available through the vital statistics unit of  the  Idaho  department  of
 37        health  and  welfare and in the office of the county clerk in every county
 38        of this state;
 39        (d)  To be valid, a claim of parental rights of an abandoned child,  aban-
 40        doned pursuant to the provisions of chapter 81, title 39, Idaho Code, must
 41        be  filed  before  an  order terminating parental rights is entered by the
 42        court. A parent that fails to file a claim of  parental  rights  prior  to
 43        entry  of  an  order  terminating  their parental rights is deemed to have
 44        abandoned the child and waived and surrendered any right  in  relation  to
 45        the  child,  including  the  right to notice of any judicial proceeding in
 46        connection with the termination of parental  rights  or  adoption  of  the
 47        child.
 48        (e)  Registration  of notice of commencement of paternity proceedings pur-
 49        suant to chapter 15, title 16, Idaho Code, shall not satisfy the  require-
 50        ments of chapter 81, title 39, Idaho Code. To register a parental claim to
 51        an  abandoned  child,  abandoned pursuant to the provisions of chapter 81,
 52        title 39, Idaho Code, an individual must file an abandoned child  registry
 53        claim  with the vital statistics unit of the department of health and wel-
                                                                        
                                           6
                                                                        
  1        fare and comply with all other provisions of chapter 81, title  39,  Idaho
  2        Code,  in  the  time  and manner prescribed, in order to preserve parental
  3        rights to the child.
  4        When filing a notice of the commencement of paternity proceedings, a  per-
  5    son  who  claims  to  be the father of a child born out of wedlock, shall file
  6    with the vital statistics unit of the department of health  and  welfare,  the
  7    completed  form  prescribed  by the vital statistics unit of the department of
  8    health and welfare. Said form will be filled out  completely,  signed  by  the
  9    person claiming paternity, and witnessed before a notary public.
 10        (2)  The  notice of the commencement of paternity proceedings may be filed
 11    prior to the birth of the child, but must be filed prior to the placement  for
 12    adoption  of the child in the home of prospective parents or prior to the date
 13    of commencement of any proceeding to terminate  the  parental  rights  of  the
 14    birth  mother, whichever event occurs first. The notice of the commencement of
 15    paternity proceedings shall be signed by the  person  filing  the  notice  and
 16    shall  include  his name and address, the name and last address of the mother,
 17    and either the birth date of the child or the probable month and year  of  the
 18    expected  birth  of  the child. The vital statistics unit of the department of
 19    health and welfare shall maintain a registry for this purpose which  shall  be
 20    subject to disclosure according to chapter 3, title 9, Idaho Code. The depart-
 21    ment shall record the date and time the notice of the commencement of proceed-
 22    ings is filed with the department. The notice shall be deemed to be duly filed
 23    with  the  department  as  of  the date and time recorded on the notice by the
 24    department.
 25        (3)  If the unmarried biological father does not know the county in  which
 26    the birth mother resides, he may initiate his action in any county, subject to
 27    a change in venue.
 28        (4)  Any  father of a child born out of wedlock who fails to file and reg-
 29    ister his notice of the commencement of paternity  proceedings  prior  to  the
 30    placement  for  adoption  of  the  child in the home of prospective parents or
 31    prior to the date of commencement of any proceeding to terminate the  parental
 32    rights  of  the  birth mother, whichever event occurs first, is deemed to have
 33    waived and surrendered any right in relation to the child and shall be  barred
 34    from  thereafter bringing or maintaining any action to establish his paternity
 35    of the child. Failure of such filing or registration shall constitute an aban-
 36    donment of said child. The filing and registration of a  notice  of  the  com-
 37    mencement of paternity proceedings by a putative father shall constitute prima
 38    facie  evidence of the fact of his paternity in any contested proceeding under
 39    chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of
 40    paternity proceedings shall not be a bar to an action for termination  of  his
 41    parental rights under chapter 20, title 16, Idaho Code.
 42        (5)  In any adoption proceeding pertaining to a child born out of wedlock,
 43    if there is no showing that the putative father has consented to the adoption,
 44    a  certificate shall be obtained from the vital statistics unit of the depart-
 45    ment of health and welfare, signed by the state registrar of vital statistics,
 46    which certificate shall state that a diligent search has been made of the reg-
 47    istry of notices from putative fathers, and that no filing has been found per-
 48    taining to the father of the child in question, or if a filing is found, stat-
 49    ing the name of the putative father and the time and date of filing. That cer-
 50    tificate shall be filed with the court prior to entry of  a  final  decree  of
 51    adoption.
 52        (6)  Identities  of putative fathers can only be released pursuant to pro-
 53    cedures contained in chapter 3, title 9, Idaho Code.
 54        (7)  To cover the cost of implementing and maintaining said registry,  the
 55    vital  statistics  unit of the department of health and welfare shall charge a
                                                                        
                                           7
                                                                        
  1    filing fee of ten dollars ($10.00) at the time the putative father  files  his
  2    notice of his commencement of proceedings. It is the intent of the legislature
  3    that  the  fee  shall cover all direct and indirect costs incurred pursuant to
  4    this section. The board of health and welfare shall annually review  the  fees
  5    and  expenses  incurred  pursuant to administering the provisions of this sec-
  6    tion.
  7        (8)  Consistent with its authority denoted in the  vital  statistics  act,
  8    section  39-242(c),  Idaho  Code, the board of health and welfare shall adopt,
  9    amend and repeal rules for the purpose of carrying out the provisions of  this
 10    section.
                                                                        
 11        SECTION  3.  That  Section 16-1612, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        16-1612.  CUSTODY -- TIME FOR HEARING.
 14        (a)  (1) A child may be taken into custody by a  peace  officer  or  other
 15        person  appointed by the court without an order issued pursuant to subsec-
 16        tion (d) of section 16-1606 or section 16-1610, Idaho Code, only where the
 17        child is endangered in his surroundings and prompt removal is necessary to
 18        prevent serious physical or mental injury to the child or where the  child
 19        is  an abandoned child pursuant to the provisions of chapter 81, title 39,
 20        Idaho Code.
 21        (2)  An alleged offender may be removed from the home  of  the  victim  of
 22        abuse or neglect by a peace officer or other person appointed by the court
 23        without  an  order,  issued pursuant to subsection (e) of section 16-1606,
 24        Idaho Code, only where the child is endangered and prompt  removal  of  an
 25        alleged offender is necessary to prevent serious physical or mental injury
 26        to the child.
 27        (b)  When  a child is taken into custody under subsection (a) of this sec-
 28    tion, he may be held for a maximum of forty-eight (48) hours, excluding Satur-
 29    days, Sundays and holidays, unless a shelter care hearing has been held pursu-
 30    ant to section 16-1614, Idaho Code, and the court orders an adjudicatory hear-
 31    ing.
 32        (c)  When an alleged offender is removed from the  home  under  subsection
 33    (a) (2) of this section, a motion based on a sworn affidavit by the department
 34    must  be  filed simultaneously with the petition and the court shall determine
 35    at a shelter care hearing, held within a maximum of  twenty-four  (24)  hours,
 36    excluding  Saturdays, Sundays and holidays, whether the relief sought shall be
 37    granted, pending an adjudicatory hearing. Notice  of  such  hearing  shall  be
 38    served  upon  the  alleged offender at the time of removal or other protective
 39    relief.
                                                                        
 40        SECTION 4.  That Section 16-1613, Idaho Code, be, and the same  is  hereby
 41    amended to read as follows:
                                                                        
 42        16-1613.  NOTICE  --  PLACEMENT  -- IMMUNITY. (a) A peace officer or other
 43    person appointed by the court who takes a child  into  custody  under  section
 44    16-1612, Idaho Code, shall immediately:
 45        (1)  take the child to a place of shelter, and
 46        (2)  notify the court of the action taken and the place to which the child
 47        was taken, and,
 48        (3)  with the exception of a child abandoned pursuant to the provisions of
 49        chapter  81, title 39, Idaho Code, notify each of the parents, guardian or
 50        other legal custodian that the child has been taken into custody, the type
 51        and nature of shelter care, and that the child may be held for  a  maximum
                                                                        
                                           8
                                                                        
  1        of  forty-eight  (48)  hours,  excluding  Saturdays, Sundays and holidays,
  2        within which time 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 under section 16-1612, Idaho Code, shall not be held liable
  5    either  criminally  or civilly unless the action of taking the child was exer-
  6    cised in bad faith and/or the requirements of subsection (a) of  this  section
  7    are not complied with.
                                                                        
  8        SECTION  5.  That  Section 16-1632, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        16-1632.  GUARDIAN AD LITEM -- RIGHTS AND POWERS. The  guardian  ad  litem
 11    will have the following rights and powers, which shall continue until resigna-
 12    tion of the guardian ad litem or until the court removes the guardian ad litem
 13    or no longer has jurisdiction, whichever first occurs:
 14        (a)  The guardian ad litem, if represented by counsel, may file pleadings,
 15    motions,  memoranda  and  briefs on behalf of the child, and shall have all of
 16    the rights of a party whether conferred by statute, rule of  court  or  other-
 17    wise.
 18        (b)  All  parties  to  any  proceeding  under  this chapter shall promptly
 19    notify the guardian ad litem and the  guardian's  attorney  of  all  hearings,
 20    staffings,  investigations,  depositions  and  significant  changes of circum-
 21    stances of the child.
 22        (c)  Except to the extent prohibited or regulated by federal law or by the
 23    provisions of chapter 81, title 39, Idaho Code, upon presentation of a copy of
 24    the order appointing guardian ad litem, any person or agency, including, with-
 25    out limitation, any hospital, school, organization, department of  health  and
 26    welfare,  doctor, nurse, or other health care provider, psychologist, psychia-
 27    trist, police department or mental health clinic shall permit the guardian  ad
 28    litem  to  inspect and copy pertinent records necessary for the proceeding for
 29    which the guardian is appointed relating to the child and parent without  con-
 30    sent of the child or parents.
                                                                        
 31        SECTION  6.  That  Section 16-2007, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        16-2007.  NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been
 34    filed, the court shall set the time and place for  hearing,  and  shall  cause
 35    notice thereof to be given to the petitioner, the parents of the child if mar-
 36    ried,  the  mother of the child if unmarried, those persons entitled to notice
 37    pursuant to section 16-1513, Idaho Code, the guardian of  the  person  of  the
 38    child,  the  person having legal custody of the child, any individual standing
 39    in loco parentis to the child, and the guardian ad litem of any party,  or  if
 40    service  cannot  be had on the parent or guardian, then upon the nearest blood
 41    relative named in the petition. The division of welfare of the  Idaho  depart-
 42    ment  of  health and welfare shall be given notice of the hearing if the peti-
 43    tion for termination was not filed in conjunction with a petition for adoption
 44    or by an adoption agency licensed by the state of Idaho. Notice shall be given
 45    by personal service on the parents or guardian. Where  reasonable  efforts  to
 46    effect  personal service have been unsuccessful, the court shall order service
 47    by registered or certified mail to the last known address of the person to  be
 48    notified  and  by  publication once a week for three (3) successive weeks in a
 49    newspaper or newspapers to be designated by the court as most likely  to  give
 50    notice to the person to be served. The hearing shall take place no sooner than
 51    ten  (10)  days  after service of notice, or where service is by registered or
                                                                        
                                           9
                                                                        
  1    certified mail and publication, the hearing shall take place  no  sooner  than
  2    ten (10) days after the date of last publication. Notice and appearance may be
  3    waived by a parent in writing before the court or in the presence of, and wit-
  4    nessed  by, a clerk of court or a representative of an authorized agency, pro-
  5    vided that such parent has been apprised by the court or by such person of the
  6    meaning and consequences of the termination action. Where the  parent  resides
  7    outside  the  state,  the  waiver shall be acknowledged before a notary of the
  8    state and shall contain the current address of the parent. The parent who  has
  9    executed  such  a waiver shall not be required to appear. When the termination
 10    of the parent and child relationship is sought under section 16-2005 d., Idaho
 11    Code, the court shall appoint a guardian ad litem for the alleged  incompetent
 12    parent. The court may in any other case appoint a guardian ad litem, as may be
 13    deemed  necessary  or  desirable, for any party. Where the putative father has
 14    failed to timely commence proceedings to  establish  paternity  under  section
 15    7-1111,  Idaho  Code,  and  by  filing  with  the vital statistics unit of the
 16    department of health and welfare, notice of his commencement of proceedings to
 17    establish his paternity of the child born out of wedlock,  notice  under  this
 18    section  is  not  required unless such putative father is one of those persons
 19    specifically set forth in section 16-1505(1), Idaho Code. If a parent fails to
 20    file a claim of parental rights pursuant to  the  provisions  of  chapter  81,
 21    title  39,  Idaho  Code,  for a child left with a safe haven pursuant thereto,
 22    prior to entry of an order terminating their parental rights, that  parent  is
 23    deemed  to  have  abandoned  the child and waived and surrendered any right in
 24    relation to the child, including the right to notice of any judicial  proceed-
 25    ing in connection with the termination of parental rights.

Statement of Purpose / Fiscal Impact


                         STATEMENT OF PURPOSE
                                RS 10779

Today, if the parent(s) of a newborn child no longer desires to assume
the duties of parenthood, that parent(s) is left with the alternatives
of adoption or abandonment. Unfortunately, the anecdotal evidence of
abandonment appears to be increasing. Some of these parent(s) have not
disclosed to other family or friends the pregnancy or birth of the
child. Others are overwhelmed with parental responsibility, with little
mature understanding of responsible alternatives. As a result, some
parent(s) abandoned their child, ultimately to the child s substantial
great harm and even death.

The purpose of this bill is to provide that if the parent(s) surrenders
the child to a safe-haven, then the State of Idaho will not prosecute
the parent(s) for abandonment. The bill reserves the state s right to
prosecute the parent(s) for any other crime committed against the
child. The bill s purpose is to provide certain anonymity to the
parent(s), therefore increasing the environment for the infant s safe-
surrender. It is hoped that parent(s) in this atmosphere will choose to
protect the life of the child.
                            FISCAL IMPACT
                                   
Monthly foster care cost of an infant is $251. These children are most
likely not eligible for federal Title IV-E foster care match because
the anonymity provision does not allow for a financial assessment of
eligibility of the biological parent(s). Foster care cost, including
clothing and other needs, except medical, would need to be met with
general funds. Estimated monthly costs of case management for a child
in foster care is $305. Approximately 37.5% of this cost covered by IV-
E federal funds. Total estimated monthly general fund cost for a child
is $350. With expedited procedures it is believed these children would
remain in a stable setting and not be in foster care more than 12
months. These children would be eligible for Medicaid.

Based on the experience of other states, the frequency with which this
option would be used would be small, but significant for the infant to
ensure their life and safety. The Department of Health and Welfare,
county prosecuting attorney and magistrate court will have additional
processes to handle this limited number of additional cases.
  
Contact
   Name:  Senator s Bart Davis & Grant Ipsen; Representative s Margaret
   Henbest and Bert Marley
   Phone: 332 1339; 332 1326; 332 1233; 332 1258, respectively
   
   
   STATEMENT OF PURPOSE/FISCAL NOTE                          S 1037