2001 Legislation
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SENATE BILL NO. 1147 – Child neglect report registry/exptn


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Daily Data Tracking History

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
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

Bill Text

  ||||              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
  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
  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 / Fiscal Impact

                       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.

Name:	Senator Bart Davis 
Phone:	(208) 332-1418

Name:	Senator Robbi King-Barrutia
Phone:	(208) 332-1347