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S1147.................................................by HEALTH AND WELFARE
CHILD NEGLECT REPORTING REGISTRY - Amends existing law to provide an
exception, for information regarding certain abandoned children, in regard
to the duty imposed on the Department of Health and Welfare to maintain a
central registry for the reporting of child neglect, abuse and abandonment
information.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Health/Wel
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Danielson, Darrington, Davis, Deide, Dunklin, Geddes,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stennett,
Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Brandt, Cameron, Frasure, Stegner
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/07 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 - 66-0-3(1 vacant)
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet,
Jones, Kellogg, 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, Stone, Tilman, Trail,
Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Deal, Higgins, Kendell
Vacant -- Dist. #23
Floor Sponsor -- Moyle
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 358
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1147
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1623, IDAHO CODE, TO
3 PROVIDE AN EXCEPTION IN REGARD TO THE DUTY IMPOSED ON THE DEPARTMENT OF
4 HEALTH AND WELFARE TO MAINTAIN A CENTRAL REGISTRY FOR THE REPORTING OF
5 CHILD NEGLECT, ABUSE AND ABANDONMENT INFORMATION FOR INFORMATION REGARDING
6 CERTAIN ABANDONED CHILDREN.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 16-1623, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1623. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
11 conjunction with the court and other public and private agencies and persons,
12 shall have the primary responsibility to implement the purpose of this chap-
13 ter. To this end, the department is empowered and shall have the duty to do
14 all things reasonably necessary to carry out the purpose of this chapter,
15 including, but not limited to, the following:
16 (a) The department shall administer treatment programs for the protection
17 and care of neglected, abused and abandoned children, and in so doing may
18 place in foster care, shelter care, group homes or other diagnostic, treat-
19 ment, or care centers or facilities, children of whom it has been given cus-
20 tody. The department is to be governed by the standards found in chapter 12,
21 title 39, Idaho Code.
22 (b) On December 1, the department shall make an annual statistical report
23 to the governor covering the preceding fiscal year showing the number and sta-
24 tus of persons in its custody and including such other data as will provide
25 sufficient facts for sound planning in the conservation of children and youth.
26 All officials and employees of the state and of every county and city shall
27 furnish the department upon request, such information within their knowledge
28 and control as the department deems necessary. Local agencies shall report in
29 such uniform format as may be required by the department.
30 (c) The department shall be required to maintain a central registry for
31 the reporting of child neglect, abuse and abandonment information. Provided
32 however, that the department shall not retain any information for this purpose
33 relating to a child, or parent of a child, abandoned pursuant to chapter 81,
34 title 39, Idaho Code.
35 (d) The department shall make periodic evaluation of all persons in its
36 custody or under its supervision for the purpose of determining whether exist-
37 ing orders and dispositions in individual cases shall be modified or continued
38 in force. Evaluations may be made as frequently as the department considers
39 desirable and shall be made with respect to every person at intervals not
40 exceeding six (6) months. Reports of evaluation made pursuant to this section
41 shall be filed with the court which vested custody of the person with the
42 department. Reports of evaluation shall be provided to persons having full or
43 partial legal or physical custody of a child. Failure of the department to
2
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 and all orders concerning disposition or treatment of every
10 person over whom it has legal custody. Department records shall be subject to
11 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
12 ordered by the court, the person consents to the disclosure, or disclosure is
13 necessary for the delivery of services to the person. Notwithstanding the pro-
14 visions restricting disclosure or the exemptions from disclosure provided in
15 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
16 rehabilitation of youth, the protection of children, evaluation, treatment
17 and/or disposition records pertaining to the statutory responsibilities of the
18 department shall be disclosed to any duly elected state official carrying out
19 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. There shall be a rebuttable presumption that if a child is placed
39 in the custody of the department and was also placed in out of the home care
40 for a period not less than fifteen (15) out of the last twenty-two (22) months
41 from the date the child entered shelter care, the department shall initiate a
42 petition for termination of parental rights. This presumption may be rebutted
43 by a finding of the court that the filing of a petition for termination of
44 parental rights would not be in the best interests of the child or reasonable
45 efforts have not been provided to reunite the child with his family, or the
46 child is placed permanently with a 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 home
50 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.
STATEMENT OF PURPOSE
RS 11058
This is a companion to SB1037, Idaho’s Safe Haven bill. The
purpose of this legislation is to exclude from the child neglect,
abuse and abandonment central registry the names of the parent(s)
known or unknown that surrender their child pursuant to the Safe
Haven legislation.
FISCAL IMPACT
There is no fiscal impact.
Contact:
Name: Senator Bart Davis
Phone: (208) 332-1418
Name: Senator Robbi King-Barrutia
Phone: (208) 332-1347
STATEMENT OF PURPOSE/FISCAL NOTE S 1147
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