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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
|||| 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
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