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H0579aa...............................................by HEALTH AND WELFARE PARENTS - DISABLED - Amends and adds to existing law to define "disability" as related to an individual; and to guarantee protections for a disabled person to parent, to adopt and to participate in decisions regarding his/her child, including the right to present information concerning adaptive equipment and supportive services which aid the individual in parenting. 02/07 House intro - 1st rdg - to printing 02/08 Rpt prt - to Health/Wel 02/21 Rpt out - to Gen Ord 02/25 Rpt out amen - to engros 02/26 Rpt engros - 1st rdg - to 2nd rdg as amen 02/27 2nd rdg - to 3rd rdg as amen 03/04 3rd rdg as amen - PASSED - 67-0-3 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Robison, Sali, Schaefer, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Gagner, Roberts, Sellman Floor Sponsor - Sali Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Health/Wel 03/11 Rpt out - rec d/p - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- None Floor Sponsor - King-Barrutia Title apvd - to House 03/15 To enrol - rpt enrol - Sp signed Pres signed 03/15 To Governor 03/22 Governor signed Session Law Chapter 233 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 579 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PARENTAL RIGHTS OF INDIVIDUALS WITH A DISABILITY; AMENDING SECTION 3 15-1-201, IDAHO CODE, TO DEFINE DISABILITY AND TO MAKE TECHNICAL CORREC- 4 TIONS; AMENDING SECTION 15-5-202, IDAHO CODE, TO STRIKE A REFERENCE TO 5 INCAPACITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 15-5-204, 6 IDAHO CODE, TO INCLUDE DISABILITY AS A FACTOR WHICH IS NOT TO BE A DIS- 7 QUALIFICATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1501, 8 IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 15, TITLE 16, IDAHO CODE, BY 9 THE ADDITION OF A NEW SECTION 16-1501B, IDAHO CODE, TO SPECIFY THE RIGHT 10 OF A PROSPECTIVE PARENT WITH A DISABILITY TO PRESENT EVIDENCE AND INFORMA- 11 TION; AMENDING SECTION 16-1504, IDAHO CODE, TO STRIKE A REFERENCE TO DIS- 12 ABILITY FROM CONDITIONS WHICH RELIEVE THE REQUIREMENT TO OBTAIN PERMISSION 13 FOR AN ADOPTION AND TO STRIKE AN INCORRECT CODE REFERENCE; AMENDING SEC- 14 TION 16-1506, IDAHO CODE, TO REQUIRE THE OPPORTUNITY TO PRESENT INFORMA- 15 TION REGARDING ADAPTIVE EQUIPMENT OR SUPPORTIVE SERVICES AND TO PROVIDE A 16 CORRECT CODE REFERENCE; AMENDING SECTION 16-2001, IDAHO CODE, TO PROHIBIT 17 DISCRIMINATION ON THE BASIS OF DISABILITY; AMENDING SECTION 16-2002, IDAHO 18 CODE, TO DEFINE ADDITIONAL TERMS AND TO PROVIDE A CORRECT CODE REFERENCE; 19 AMENDING SECTION 16-2005, IDAHO CODE, TO STRIKE DISABILITY AS A CONDITION 20 FOR TERMINATION, TO REQUIRE AN OPPORTUNITY TO PRESENT EVIDENCE AND TO PRO- 21 VIDE CORRECT CODE REFERENCES; AMENDING SECTION 16-2007, IDAHO CODE, TO 22 CLARIFY A REFERENCE TO COMPETENCY; AND AMENDING SECTION 16-2008, IDAHO 23 CODE, TO REQUIRE AN OPPORTUNITY TO PRESENT INFORMATION REGARDING ADAPTIVE 24 EQUIPMENT OR SUPPORTIVE SERVICES AND TO MAKE A TECHNICAL CORRECTION. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 15-1-201, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 15-1-201. GENERAL DEFINITIONS. Subject to additional definitions con- 29 tained in the subsequent chapters which are applicable to specific chapters or 30 parts, and unless the context otherwise requires, in this code: 31 (1) "Application" means a written request to the registrar for an order 32 of informal probate or appointment under part 3 of chapter 3 of this code. 33 (2) "Augmented estate" means the estate described in section 15-2-202,of34thisIdaho Ccode. 35 (3) "Beneficiary," as it relates to trust beneficiaries, includes a per- 36 son who has any present or future interest, vested or contingent, and also 37 includes the owner of an interest by assignment or other transfer and as it 38 relates to a charitable trust, includes any person entitled to enforce the 39 trust. 40 (4) "Child" includes any individual entitled to take as a child under 41 this code by intestate succession from the parent whose relationship is 42 involved and excludes any person who is only a stepchild, a foster child, a 43 grandchild or any more remote descendant. 2 1 (5) "Claims," in respect to estates of decedents and protected persons, 2 includes liabilities of the decedent or protected person whether arising in 3 contract, in tort or otherwise, and liabilities of the estate which arise at 4 or after the death of the decedent or after the appointment of a conservator, 5 including funeral expenses and expenses of administration. The term does not 6 include estate or inheritance taxes, other tax obligations arising from activ- 7 ities or transactions of the estate, demands or disputes regarding title of a 8 decedent or protected person to specific assets alleged to be included in the 9 estate. 10 (6) "Court" means the court or branch having jurisdiction in matters 11 relating to the affairs of decedents, minors, incapacitated and disabled per- 12 sons. This court in this state is known as the district court. 13 (7) "Conservator" means a person who is appointed by a court to manage 14 the estate of a protected person and includes limited conservators as 15 described by section 15-5-420, Idaho Code. 16 (8) "Determination of heirship of community property" shall mean that 17 determination required by the provisions of section 15-3-303,of thisIdaho 18 Ccode, upon an application for informal probate not accompanied by presenta- 19 tion of a will. 20 (9) "Determination of heirship" shall mean that determination of heirship 21 required by section 15-3-409,of thisIdaho Ccode, upon a finding of intes- 22 tacy. 23 (10) "Devise," when used as a noun, means a testamentary disposition of 24 real or personal property and when used as a verb, means to dispose of real or 25 personal property by will. 26 (11) "Devisee" means any person designated in a will to receive a devise. 27 In the case of a devise to an existing trust or trustee, or to a trustee or 28 trust described by will, the trust or trustee is the devisee and the benefi- 29 ciaries are not devisees. 30 (12) "Disability,"means cause for a protective order as described by sub-31section (b)(1) of section 15-5-401 of this codewith respect to an individual, 32 means any mental or physical impairment which substantially limits one (1) or 33 more major life activities of the individual including, but not limited to, 34 self-care, manual tasks, walking, seeing, hearing, speaking, learning, or 35 working, or a record of such an impairment, or being regarded as having such 36 an impairment. Disability shall not include transvestism, transsexualism, 37 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or sub- 38 stance use disorders, compulsive gambling, kleptomania, or pyromania. Sexual 39 preference or orientation is not considered an impairment or disability. 40 Whether an impairment substantially limits a major life activity shall be 41 determined without consideration of the effect of corrective or mitigating 42 measures used to reduce the effects of the impairment. 43 (13) "Distributee" means any person who has received property of a dece- 44 dent from his personal representative other than as a creditor or purchaser. A 45 testamentary trustee is a distributee only to the extent of distributed assets 46 or increment thereto remaining in his hands. A beneficiary of a testamentary 47 trust to whom the trustee has distributed property received from a personal 48 representative is a distributee of the personal representative. For the pur- 49 pose of this provision "testamentary trustee" includes a trustee to whom 50 assets are transferred by will, to the extent of the devised assets. 51 (14) "Emancipated minor" shall mean any male or female who has been mar- 52 ried. 53 (15) "Estate" means all property of the decedent, including community 54 property of the surviving spouse subject to administration, property of 55 trusts, and property of any other person whose affairs are subject to this 3 1 code as it exists from time to time during administration. 2 (16) "Exempt property" means that property of a decedent's estate which is 3 described in section 15-2-403,of thisIdaho Ccode. 4 (17) "Fiduciary" includes personal representative, guardian, conservator 5 and trustee. 6 (18) "Foreign personal representative" means a personal representative of 7 another jurisdiction. 8 (19) "Formal proceedings" means those conducted before a judge with notice 9 to interested persons. 10 (20) "Guardian" means a person who has qualified as a guardian of a minor 11 or incapacitated person pursuant to testamentary or court appointment and 12 includes limited guardians as described by section 15-5-304, Idaho Code, but 13 excludes one who is merely a guardian ad litem. 14 (21) "Heirs" means those persons, including the surviving spouse, who are 15 entitled under the statutes of intestate succession to the property of a dece- 16 dent. 17 (22) "Incapacitated person" is as defined in section 15-5-101,of this18 Idaho Ccode. 19 (23) "Informal proceedings" means those conducted without notice to inter- 20 ested persons by an officer of the court acting as a registrar for probate of 21 a will or appointment of a personal representative. 22 (24) "Interested person" includes heirs, devisees, children, spouses, 23 creditors, beneficiaries and any others having a property right in or claim 24 against a trust estate or the estate of a decedent, ward or protected person 25 which may be affected by the proceeding. It also includes persons having pri- 26 ority for appointment as personal representative, and other fiduciaries repre- 27 senting interested persons. The meaning as it relates to particular persons 28 may vary from time to time and must be determined according to the particular 29 purposes of, and matter involved in, any proceeding. 30 (25) "Issue" of a person means all his lineal descendants of all genera- 31 tions, with the relationship of parent and child at each generation being 32 determined by the definitions of child and parent contained in this code. 33 (26) "Lease" includes an oil, gas, or other mineral lease. 34 (27) "Letters" includes letters testamentary, letters of guardianship, 35 letters of administration, and letters of conservatorship. 36 (28) "Minor" means a male under eighteen (18) years of age or a female 37 under eighteen (18) years of age. 38 (29) "Mortgage" means any conveyance, agreement or arrangement in which 39 property is used as security. 40 (30) "Nonresident decedent" means a decedent who was domiciled in another 41 jurisdiction at the time of his death. 42 (31) "Organization" includes a corporation, government or governmental 43 subdivision or agency, business trust, estate, trust, partnership or associa- 44 tion, two (2) or more persons having a joint or common interest, or any other 45 legal entity. 46 (32) "Parent" includes any person entitled to take, or who would be enti- 47 tled to take if the child died without a will, as a parent under this code by 48 intestate succession from the child whose relationship is in question and 49 excludes any person who is only a stepparent, foster parent, or grandparent. 50 (33) "Person" means an individual, a corporation, an organization, or 51 other legal entity. 52 (34) "Personal representative" includes executor, administrator, successor 53 personal representative, special administrator, and persons who perform sub- 54 stantially the same function under the law governing their status. "General 55 personal representative" excludes special administrator. 4 1 (35) "Petition" means a written request to the court for an order after 2 notice. 3 (36) "Proceeding" includes action at law and suit in equity. 4 (37) "Property" includes both real and personal property or any interest 5 therein and means anything that may be the subject of ownership. 6 (38) "Protected person" is as defined in section 15-5-101,of thisIdaho 7 Ccode. 8 (39) "Protective proceeding" is as defined in section 15-5-101,of this9 Idaho Ccode. 10 (39A40) "Quasi-community property" is the property defined by section 11 15-2-201,of thisIdaho Ccode. 12 (401) "Registrar" refers to magistrates or judges of the district court 13 who shall perform the functions of registrar as provided in section 15-1-307, 14of thisIdaho Ccode. 15 (412) "Security" includes any note, stock, treasury stock, bond, deben- 16 ture, evidence of indebtedness, certificate of interest or participation in an 17 oil, gas or mining title or lease or in payments out of production under such 18 a title or lease, collateral trust certificate, transferable share, voting 19 trust certificate or, in general, any interest or instrument commonly known as 20 a security, or any certificate of interest or participation, any temporary or 21 interim certificate, receipt or certificate of deposit for, or any warrant or 22 right to subscribe to or purchase, any of the foregoing. 23 (423) "Settlement," in reference to a decedent's estate, includes the full 24 process of administration, distribution and closing. 25 (434) "Special administrator" means a personal representative as described 26 by sections 15-3-614 through 15-3-618,of thisIdaho Ccode. 27 (445) "State" includes any state of the United States, the District of 28 Columbia, the Commonwealth of Puerto Rico, and any territory or possession 29 subject to the legislative authority of the United States. 30 (456) "Successor personal representative" means a personal representative, 31 other than a special administrator, who is appointed to succeed a previously 32 appointed personal representative. 33 (467) "Successors" means those persons, other than creditors, who are 34 entitled to property of a decedent under his will or this code. 35 (478) "Supervised administration" refers to the proceedings described in 36 part 5, chapter 3, of this code. 37 (489) "Testacy proceeding" means a proceeding to establish a will or 38 determine intestacy. 39 (4950) "Trust" includes any express trust, private or charitable, with 40 additions thereto, wherever and however created. It also includes a trust cre- 41 ated or determined by judgment or decree under which the trust is to be admin- 42 istered in the manner of an express trust. "Trust" excludes other constructive 43 trusts, and it excludes resulting trusts, conservatorships, personal represen- 44 tatives, trust accounts as defined in chapter 6 of this code, custodial 45 arrangements pursuant to chapter 8, title 68, Idaho Code, business trusts pro- 46 viding for certificates to be issued to beneficiaries, common trust funds, 47 voting trusts, security arrangements, liquidation trusts, and trusts for the 48 primary purpose of paying debts, dividends, interest, salaries, wages, prof- 49 its, pensions, or employee benefits of any kind, and any arrangement under 50 which a person is nominee or escrowee for another. 51 (501) "Trustee" includes an original, additional, or successor trustee, 52 whether or not appointed or confirmed by court. 53 (512) "Ward" is as defined in section 15-5-101,of thisIdaho Ccode. 54 (523) "Will" is a testamentary instrument and includes codicil and any 55 testamentary instrument which merely appoints an executor or revokes or 5 1 revises another will. 2 (534) "Separate property" includes all property of either the husband or 3 the wife owned by him or her before marriage, and that acquired afterward 4 either by gift, bequest, devise or descent, or that which either he or she 5 acquires with proceeds of his or her separate property, by way of moneys or 6 other property. 7 (545) "Community property" includes all other property acquired after 8 marriage by either husband or wife, including the rents and profits of the 9 separate property of the husband and wife, unless, by the instrument by which 10 any such property is acquired by the wife, it is provided that the rents and 11 profits thereof be applied to her sole and separate use. Real property con- 12 veyed by one (1) spouse to the other shall be presumed to be the sole and sep- 13 arate estate of the grantee. 14 SECTION 2. That Section 15-5-202, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 15-5-202. TESTAMENTARY APPOINTMENT OF GUARDIAN OF MINOR. The parent of a 17 minor may appoint by will a guardianorof an unmarried minor. Subject to the 18 right of the minor under section 15-5-203,of this PartIdaho Code, a testa- 19 mentary appointment becomes effective upon filing the guardian's acceptance in 20 the court in which the will is probated, if before acceptance, both parents 21 are dead.or the surviving parent is adjudged incapacitated.If both parents 22 are dead, an effective appointment by the parent who died later has priority. 23 This state recognizes a testamentary appointment effected by filing the 24 guardian's acceptance under a will probated in another state which is the 25 testator's domicile. Written notice of acceptance of the appointment must be 26 given by the guardian to the minor and to the person having his care or to his 27 nearest adult relation immediately upon acceptance of appointment. 28 SECTION 3. That Section 15-5-204, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 15-5-204. COURT APPOINTMENT OF GUARDIAN OF MINOR -- CONDITIONS FOR 31 APPOINTMENT. The court may appoint a guardian for an unmarried minor if all 32 parental rights of custody have been terminated by prior court order or upon a 33 finding that the child has been neglected, abused, abandoned, or whose parents 34 are unable to provide a stable home environment. "Abandoned" means the failure 35 of the parent to maintain a normal parental relationship with the child 36 including, but not limited to, reasonable support or regular contact. Failure 37 to maintain a normal parental relationship with the child without just cause 38 for a period of six (6) months shall constitute prima facie evidence of aban- 39 donment. In all cases, the court shall consider the best interests of the 40 child as the primary factor in the determination whether to appoint, and whom 41 to appoint, as a guardian for such child. In determining the choice of a 42 guardian for an unmarried minor, the advanced age or disability of a potential 43 guardian shall not, in and of itself, be used as a criterion of the suitabil- 44 ity of the potential guardian so long as the potential guardian is otherwise 45 suitable. A guardian appointed by will as provided in section 15-5-202,of46this partIdaho Code, whose appointment has not been prevented or nullified 47 under section 15-5-203,of this partIdaho Code, has priority over any guard- 48 ian who may be appointed by the court but the court may proceed with an 49 appointment nonetheless upon a finding that the testamentary guardian has 50 failed to accept the testamentary appointment within thirty (30) days after 51 notice of the guardianship proceeding. 6 1 SECTION 4. That Section 16-1501, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 16-1501. MINORS AND ADULTS MAY BE ADOPTED. Any minor child may be adopted 4 by any adult person residing in and having residence in Idaho, in the cases 5 and subject to the rules prescribed in this chapter. 6 (1) Persons not minors may be adopted by a resident adult in cases where 7 the person adopting has sustained the relation of parent to such adopted per- 8 son: 9 (ia)fFor a period in excess of one (1) year while the person was a 10 minor; or 11 (iib)fFor such period of time or in such manner that the court after 12 investigation finds a substantial family relationship has been created. 13 (2) Adoptions shall not be denied solely on the basis of the disability 14 of a prospective adoptive parent. 15 (a) "Adaptive equipment," for purposes of this chapter, means any piece 16 of equipment or any item that is used to increase, maintain, or improve 17 the parenting capabilities of a parent with a disability. 18 (b) "Disability," for purposes of this chapter, means, with respect to an 19 individual, any mental or physical impairment which substantially limits 20 one (1) or more major life activities of the individual including, but not 21 limited to, self-care, manual tasks, walking, seeing, hearing, speaking, 22 learning, or working, or a record of such an impairment, or being regarded 23 as having such an impairment. Disability shall not include transvestism, 24 transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behav- 25 ior disorders, or substance use disorders, compulsive gambling, kleptoma- 26 nia, or pyromania. Sexual preference or orientation is not considered an 27 impairment or disability. Whether an impairment substantially limits a 28 major life activity shall be determined without consideration of the 29 effect of corrective or mitigating measures used to reduce the effects of 30 the impairment. 31 (c) "Supportive services," as used in this chapter, means services which 32 assist a parent with a disability to compensate for those aspects of their 33 disability which affect their ability to care for their child and which 34 will enable them to discharge their parental responsibilities. The term 35 includes specialized or adapted training, evaluations, or assistance with 36 effective use of adaptive equipment, and accommodations which allow a par- 37 ent with a disability to benefit from other services, such as Braille 38 texts or sign language interpreters. 39 SECTION 5. That Chapter 15, Title 16, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 41 ignated as Section 16-1501B, Idaho Code, and to read as follows: 42 16-1501B. RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFOR- 43 MATION. If the prospective adoptive parent has a disability as defined in this 44 chapter, the prospective adoptive parent shall have the right to provide evi- 45 dence to the court regarding the manner in which the use of adaptive equipment 46 or supportive services will enable the parent to carry out the responsibili- 47 ties of parenting the child. Nothing in this chapter shall be construed to 48 create any new or additional obligation on state or local governments to pur- 49 chase or provide adaptive equipment or supportive services for parents with 50 disabilities. 51 SECTION 6. That Section 16-1504, Idaho Code, be, and the same is hereby 7 1 amended to read as follows: 2 16-1504. NECESSARY CONSENT TO ADOPTION. (1) Consent to adoption is 3 required from: 4 (a) The adoptee, if he is more than twelve (12) years of age, unless he 5 does not have the mental capacity to consent; 6 (b) Both parents or the surviving parent of an adoptee who was conceived 7 or born within a marriage, unless the adoptee is eighteen (18) years of 8 age or older; 9 (c) The mother of an adoptee born outside of marriage; 10 (d) Any biological parent who has been adjudicated to be the child's bio- 11 logical father by a court of competent jurisdiction prior to the mother's 12 execution of consent; 13 (e) An unmarried biological father of an adoptee only if the requirements 14 and conditions of subsection (2)(a) or (b) of this section have been 15 proven; 16 (f) Any legally appointed custodian or guardian of the adoptee; 17 (g) The guardian or conservator of andisabled orincapacitated adult, if 18 one has been appointed; 19 (h) The adoptee's spouse, if any; and 20 (i) An unmarried biological father who has filed a voluntary acknowledg- 21 ment of paternity with the vital statistics unit of the department of 22 health and welfare pursuant to section 7-1106, Idaho Code; and 23 (j) The father of an illegitimate child who has adopted the child by 24 acknowledgment.pursuant to section 16-1510, Idaho Code.25 (2) In accordance with subsection (1) of this section, the consent of an 26 unmarried biological father is necessary only if the father has strictly com- 27 plied with the requirements of this section. 28 (a) (i) With regard to a child who is placed with adoptive parents more 29 than six (6) months after birth, an unmarried biological father shall 30 have developed a substantial relationship with the child, taken some 31 measure of responsibility for the child and the child's future, and 32 demonstrated a full commitment to the responsibilities of parenthood 33 by financial support of the child, of a fair and reasonable sum and 34 in accordance with the father's ability, when not prevented from 35 doing so by the person or authorized agency having lawful custody of 36 the child, and either: 37 1. Visiting the child at least monthly when physically and 38 financially able to do so, and when not prevented from doing so 39 by the person or authorized agency having lawful custody of the 40 child; or 41 2. Have regular communication with the child or with the person 42 or agency having the care or custody of the child, when physi- 43 cally and financially unable to visit the child, and when not 44 prevented from doing so by the person or authorized agency hav- 45 ing lawful custody of the child. 46 (ii) The subjective intent of an unmarried biological father, 47 whether expressed or otherwise, unsupported by evidence of acts spec- 48 ified in this subsection shall not preclude a determination that the 49 father failed to meet the requirements of this subsection. 50 (iii) An unmarried biological father who openly lived with the child 51 for a period of six (6) months within the one (1) year period after 52 the birth of the child and immediately preceding placement of the 53 child with adoptive parents, and who openly held himself out to be 54 the father of the child during that period, shall be deemed to have 8 1 developed a substantial relationship with the child and to have 2 otherwise met the requirements of this subsection. 3 (b) With regard to a child who is under six (6) months of age at the time 4 he is placed with adoptive parents, an unmarried biological father shall 5 have manifested a full commitment to his parental responsibilities by per- 6 forming all of the acts described in this subsection prior to the place- 7 ment for adoption of the child in the home of prospective parents or prior 8 to the date of commencement of any proceeding to terminate the parental 9 rights of the birth mother, whichever event occurs first. The father 10 shall: 11 (i) Commence proceedings to establish paternity under section 12 7-1111, Idaho Code, and file with that court a sworn affidavit stat- 13 ing that he is fully able and willing to have full custody of the 14 child, setting forth his plans for the care of the child, and agree- 15 ing to a court order of child support and the payment of expenses 16 incurred in connection with the mother's pregnancy and the child's 17 birth; 18 (ii) File a notice of his commencement of proceedings to establish 19 his paternity of the child with the vital statistics unit of the 20 department of health and welfare pursuant to section 16-1513, Idaho 21 Code; and 22 (iii) If he had actual knowledge of the pregnancy, pay a fair and 23 reasonable amount of the expenses incurred in connection with the 24 mother's pregnancy and the child's birth, in accordance with his 25 means, and when not prevented from doing so by the person or autho- 26 rized agency having lawful custody of the child. 27 (3) An unmarried biological father whose consent is required under sub- 28 section (1) or (2) of this section may nevertheless lose his right to consent 29 if the court determines, in accordance with the requirements and procedures of 30 the termination of parent and child relationship act, sections 16-2001 through 31 16-2015, Idaho Code, that his rights should be terminated, based on the peti- 32 tion of any party as set forth in section 16-2004, Idaho Code. 33 (4) If there is no showing that an unmarried biological father has con- 34 sented to or waived his rights regarding a proposed adoption, the petitioner 35 shall file with the court a certificate from the vital statistics unit of the 36 department of health and welfare, signed by the state registrar of vital sta- 37 tistics, stating that a diligent search has been made of the registry of 38 notices from putative fathers, of a child born out of wedlock, and that the 39 putative father involved has not filed notice of his commencement of proceed- 40 ings to establish his paternity, or if a filing is found, stating the name of 41 the putative father and the time and date of filing. That certificate shall be 42 filed with the court prior to the entrance of the final decree of adoption. 43 (5) An unmarried biological father who does not fully and strictly comply 44 with each of the conditions provided in this section, is deemed to have waived 45 and surrendered any right in relation to the child, including the right to 46 notice of any judicial proceeding in connection with the adoption of the 47 child, and his consent to the adoption of the child is not required. 48 (6) A minor parent has the power to consent to the adoption of his or her 49 child. That consent is valid and has the same force and effect as a consent 50 executed by an adult parent. A minor parent, having executed a consent, cannot 51 revoke that consent upon reaching the age of majority or otherwise becoming 52 emancipated. 53 (7) No consent shall be required of, nor notice given to, any person 54 whose parental relationship to such child shall have been terminated in accor- 55 dance with the provisions of either chapter 16 or 20, title 16, Idaho Code, or 9 1 by a court of competent jurisdiction of a sister state under like proceedings; 2 or in any other manner authorized by the laws of a sister state. Where a vol- 3 untary child placement agency licensed by the state in which it does business 4 is authorized to place a child for adoption and to consent to such child's 5 adoption under the laws of such state, the consent of such agency to the adop- 6 tion of such child in a proceeding within the state of Idaho shall be valid 7 and no further consents or notices shall be required. 8 (8) The legislature finds that an unmarried biological father who resides 9 in another state may not, in every circumstance, be reasonably presumed to 10 know of, and strictly comply with, the requirements of this chapter. Therefore 11 when all of the following requirements have been met, that unmarried biologi- 12 cal father may contest an adoption, prior to finalization of the decree of 13 adoption, and assert his interest in the child: 14 (a) The unmarried biological father resides and has resided in another 15 state where the unmarried mother was also located or resided; 16 (b) The mother left that state without notifying or informing the unmar- 17 ried biological father that she could be located in the state of Idaho; 18 (c) The unmarried biological father has, through every reasonable means, 19 attempted to locate the mother but does not know or have reason to know 20 that the mother is residing in the state of Idaho; and 21 (d) The unmarried biological father has complied with the most stringent 22 and complete requirements of the state where the mother previously resided 23 or was located, in order to protect and preserve his parental interest and 24 rights in the child in cases of adoption. 25 (9) Notwithstanding section 7-1107, Idaho Code, a proceeding to establish 26 paternity filed pursuant to this section may be filed prior to the birth of 27 the child. 28 SECTION 7. That Section 16-1506, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 16-1506. PROCEEDINGS ON ADOPTION. (1) Proceedings to adopt a child shall 31 be commenced by the filing of a petition together with a copy thereof. Said 32 petition shall be initiated by the person or persons proposing to adopt the 33 child and shall be filed with the district court of the county in which said 34 person or persons reside. The petitioners shall have resided and maintained a 35 dwelling within the state of Idaho for at least six (6) consecutive months 36 prior to the filing of a petition. The petition shall set forth the name and 37 address of the petitioner or petitioners, the name of the child proposed to be 38 adopted and the name by which the person to be adopted shall be known if and 39 when adopted, the degree of relationship of the child, if any, to the peti- 40 tioner or petitioners and the names of any person or agency whose consent to 41 said adoption is necessary. At the time fixed for hearing such petition the 42 person adopting a child, and the child adopted, and the spouse of petitioner 43 if a natural parent of the child, must appear before the court of the county 44 wherein the petition was filed. Petitioner shall at such time execute an 45 agreement to the effect that the child shall be adopted and treated in all 46 respects as his own lawful child should be treated. 47 (2) Any person or persons whose consent is required shall execute such 48 consent in writing, in a form consistent with the provisions of subsectionfe. 49 of section 16-2005, Idaho Code, which consent being filed in the court where 50 the application is made, shall be deemed a sufficient appearance on the part 51 of such person or persons. If any adoptive parent, or a person not a minor 52 being adopted by a resident adult under the provisions of section 16-1501, 53 Idaho Code, is a member of the armed services and is unable to attend the 10 1 hearing, his appearance and testimony shall be received by means of deposi- 2 tion, which shall be filed in the court at the time of the hearing. 3 (3) Prior to the placement for adoption of any child in the home of pro- 4 spective adoptive parents, it shall be required that a thorough social inves- 5 tigation of the prospective adoptive family and all of its members, consistent 6 with the rules regarding such investigations promulgated by the department of 7 health and welfare, shall be completed and that a positive recommendation for 8 adoptive placement shall have been made. The social investigation may be per- 9 formed by any individual who meets the requirements of the law. If the pro- 10 spective adoptive parent has a disability as defined in this chapter, the pro- 11 spective adoptive parent shall have the right, as a part of the social study, 12 to provide information regarding the manner in which the use of adaptive 13 equipment or supportive services will enable the parent to carry out the 14 responsibilities of parenting the child. The person performing the social 15 investigation shall advise the prospective adoptive parent of such right and 16 shall consider all such information in any findings or recommendations. The 17 social investigation shall advise the prospective adoptive parent of such 18 right and shall consider all such information in any findings or recommenda- 19 tions. The social investigation of any prospective adoptive parent with a dis- 20 ability shall be conducted by, or with the assistance of, an individual with 21 expertise in the use of such equipment and services. Nothing in this chapter 22 shall be construed to create any new or additional obligation on state or 23 local governments to purchase or provide adaptive equipment or supportive ser- 24 vices for parents with disabilities. A copy of the study must be submitted to 25 the department and the department may impose a reasonable fee, not to exceed 26 fifty dollars ($50.00), for oversight of such privately conducted studies. In 27 those instances where the prospective adoptive parent is married to the birth 28 parent or is the grandparent of the child to be adopted, such social investi- 29 gation shall be completed with regard to the prospective adoptive parent only 30 upon order of the court. In exigent circumstances where the prospective adop- 31 tive parents are determined by the court to have been unable to complete a 32 social investigation of the family with a positive recommendation prior to the 33 time the child is placed in the home, the child shall remain in the home 34 unless the court determines the best interests of the child are served by 35 other placement. If exigent circumstances exist, a social investigation shall 36 be initiated within five (5) days of placement. Once initiated, all studies 37 shall be completed within sixty (60) days. Upon the filing of a petition to 38 adopt a minor child by a person unrelated to the child or unmarried to a natu- 39 ral parent of the child and at the discretion of the court upon the filing of 40 any other petition for adoption, a copy of such petition, together with a 41 statement containing the full names and permanent addresses of the child and 42 the petitioners, shall be served by the court receiving the petition within 43 five (5) days on the director of the department of health and welfare by reg- 44 istered mail or personal service. If no private investigation is conducted, it 45 shall then be the duty of the said director, through the personnel of the 46 department or through such qualified child-placing children's adoption agency 47 incorporated under chapter 3, title 30, Idaho Code, as the director may desig- 48 nate, to verify the allegations of the petition, and as soon as possible not 49 exceeding thirty (30) days after service of the petition on the director to 50 make a thorough investigation of the matter to include in all cases informa- 51 tion as to the alleged date and place of birth and as to parentage of the 52 child to be adopted as well as the source of all such information and report 53 his findings in writing to the court. The investigative report shall include 54 reasonably known or available medical and genetic information regarding both 55 natural parents and sources of such information as well as reasonably known or 11 1 available providers of medical care and services to the natural parents. A 2 copy of all medical and genetic information compiled in the investigation 3 shall be made available to the adopting family by the department or other 4 investigating children's adoption agency prior to entry of the final order of 5 adoption. The petition, statement and all other papers, records or files 6 relating to the adoption, including the preplacement investigation and recom- 7 mendation, shall be returned to the court with the investigative report. The 8 department of health and welfare or other children's adoption agency may 9 require the petitioner to pay all or any part of the costs of the investiga- 10 tion. If the report disapproves of the adoption of the child, motion may be 11 made to the court to dismiss the petition. 12 (4) Proceedings for termination of parent-child relationship in accor- 13 dance with chapter 20, title 16, Idaho Code, and proceedings for adoption may 14 be consolidated and determined at one (1) hearing provided that all of the 15 requirements of this chapter as well as chapter 20, title 16, Idaho Code, be 16 fully complied with. Nothing in either chapter shall be construed as limiting 17 the initiation of any petition for approval of a verified financial plan for 18 adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth 19 of the child which is the subject of any adoption proceeding. In all disputed 20 matters under this chapter or chapter 20, title 16, Idaho Code, the paramount 21 criterion for consideration and determination by the court shall be the best 22 interests of the child. 23 (5) Proceedings for the adoption of an adult shall be as provided in sub- 24 section (1) of this section and any consents required shall be executed as 25 provided in subsection (2) of this section. Upon a finding by the court that 26 the consent of all persons for whom consent is required has been given and 27 that the requirements of section 16-1501, Idaho Code, have been proven to the 28 satisfaction of the court, the court shall enter an order granting the adop- 29 tion. In cases where the adult proposed to be adopted is incapacitated or dis- 30 abled, the court may require that an investigation be performed. The form and 31 extent of the investigation to be undertaken may be as provided in subsection 32 (3) of this section, or as otherwise ordered by the court. If an investigation 33 is performed, the court must review and approve the findings of the investiga- 34 tion before issuing an order approving the adoption. 35 SECTION 8. That Section 16-2001, Idaho Code, be, and the same is hereby 36 amended to read as follows: 37 16-2001. PURPOSE. The purpose of this act is to provide for voluntary and 38 involuntary severance of the parent and child relationship and for substitu- 39 tion of parental care and supervision by judicial process, thereby safeguard- 40 ing the rights and interests of all parties concerned and promoting their wel- 41 fare and that of the state of Idaho. Implicit in this act is the philosophy 42 that wherever possible family life should be strengthened and preserved and 43 that the issue of severing the parent and child relationship is of such vital 44 importance as to require a judicial determination in place of attempts at sev- 45 erance by contractual arrangements, express or implied, for the surrender and 46 relinquishment of children. Nothing in this chapter shall be construed to 47 allow discrimination on the basis of disability. 48 SECTION 9. That Section 16-2002, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 16-2002. DEFINITIONS. When used in this act, unless the text otherwise 51 requires: 12 1 a. "Court" means the district court. 2 b. "Child" or "minor" means a person less than eighteen (18) years of 3 age. 4 c. The singular includes the plural, the plural the singular, and the 5 masculine the feminine, when consistent with the intent of the act. 6 d. "Neglected" used with respect to a child refers to those situations in 7 which the child lacks proper support or parental care necessary for his 8 health, morals, and well-being. 9 e. "Abuse" used with respect to a child refers to those situations in 10 which physical cruelty in excess of that required for reasonable disciplinary 11 purposes has been inflicted by a parent or other person in whom legal custody 12 of the child has been vested. 13 f. "Legal custody" means status created by court order embodying the fol- 14 lowing rights and responsibilities: 15 (1) The right to physical possession of the child; 16 (2) The right and duty to protect, train and discipline the child; and 17 (3) The responsibility to provide the child with food, shelter, education 18 and medical care; 19 provided that such rights and responsibilities shall be exercised subject to 20 the powers, rights, duties and responsibilities of the guardian of the person. 21 g. "Guardianship of the person" means those rights and duties imposed 22 upon a person appointed as guardian of a minor under the laws of Idaho. It 23 includes but is not necessarily limited either in number or kind to: 24 (1) The authority to consent to marriage, to enlistment in the armed 25 forces of the United States, and to major medical, psychiatric and surgi- 26 cal treatment; to represent the minor in legal actions; and to make other 27 decisions concerning the child of substantial legal significance; 28 (2) The authority and duty of reasonable visitation, except to the extent 29 that such right of visitation has been limited by court order; 30 (3) The rights and responsibilities of legal custody except where legal 31 custody has been vested in another individual or in an authorized child 32 placement agency; 33 (4) When the parent and child relationship has been terminated by judi- 34 cial decree with respect to the parents, or only living parent, or when 35 there is no living parent, the authority to consent to the adoption of the 36 child and to make any other decision concerning the child which the 37 child's parents could make. 38 h. "Guardian ad litem" means a person appointed as such pursuant to law, 39 by the court to protect the interest of a minor or an incompetent in a case 40 before the court. 41 i. "Authorized agency" means the state department of health and welfare 42 or a voluntary child placement agency licensed to care for and place children 43 by the state department of health and welfare. 44 j. "Parent" means: 45 (1) The birth mother or the adoptive mother; 46 (2) The adoptive father; 47 (3) The biological father of a child conceived or born during the 48 father's marriage to the birth mother; 49 (4) The unmarried biological father whose consent to an adoption of the 50 child is required pursuant to section15-150416-1504, Idaho Code; 51 (5) A man whose paternity is established by court decree; and 52 (6) An unmarried biological father who has filed a voluntary acknowledg- 53 ment of paternity with the vital statistics unit of the department of 54 health and welfare pursuant to section 7-1106, Idaho Code; and 55 (7) The father of an illegitimate child who has adopted the child by 13 1 acknowledgment pursuant to section 16-1510, Idaho Code. 2 k. "Presumptive father" means a man who is or was married to the birth 3 mother and the child is born during the marriage or within three hundred (300) 4 days after the marriage is terminated. 5 l. "Parent and child relationship" includes all rights, privileges, 6 duties and obligations existing between parent and child, including inheri- 7 tance rights, and shall be construed to include adoptive parents. 8 m. "Protective supervision" means a legal status created by court order 9 in proceedings not involving violations of the law but where the legal custody 10 of the child is subject to change, whereby the child is permitted to remain in 11 his home under the supervision of an authorized agency designated by the court 12 and is subject to return to the court during the period of protective supervi- 13 sion. 14 n. "Parties" includes the child and the petitioners. 15 o. "Rape," (18-6101, Idaho Code); "lewd conduct with a minor child under 16 sixteen," (18-1508, Idaho Code); "sexual abuse of a child under the age of 17 sixteen years," (18-1506, Idaho Code); and "incest" (18-6602, Idaho Code) 18 shall be defined as provided in the applicable provisions of title 18, Idaho 19 Code, but for purposes of this chapter shall not include any circumstance 20 where the parents of the child in question were married at the time of concep- 21 tion. 22 p. "Unmarried biological father," as used in this chapter and chapter 15, 23 title 16, Idaho Code, means the biological father of a child, which biological 24 father was not married to the child's mother at the time the child was con- 25 ceived or born. 26 q. "Unmarried biological mother," as used in this chapter, means the bio- 27 logical mother of a child, which biological mother was not married to the 28 child's biological father at the time the child was conceived or born. 29 r. "Disability" means, with respect to an individual, any mental or phys- 30 ical impairment which substantially limits one (1) or more major life activi- 31 ties of the individual including, but not limited to, self-care, manual tasks, 32 walking, seeing, hearing, speaking, learning, or working, or a record of such 33 an impairment, or being regarded as having such an impairment. Disability 34 shall not include transvestism, transsexualism, pedophilia, exhibitionism, 35 voyeurism, other sexual behavior disorders, or substance use disorders, com- 36 pulsive gambling, kleptomania, or pyromania. Sexual preference or orientation 37 is not considered an impairment or disability. Whether an impairment substan- 38 tially limits a major life activity shall be determined without consideration 39 of the effect of corrective or mitigating measures used to reduce the effects 40 of the impairment. 41 s. "Adaptive equipment" means any piece of equipment or any item that is 42 used to increase, maintain, or improve the parenting abilities of a parent 43 with a disability. 44 t. "Supportive services" means services which assist a parent with a dis- 45 ability to compensate for those aspects of their disability which affect their 46 ability to care for their child and which will enable them to discharge their 47 parental responsibilities. The term includes specialized or adapted training, 48 evaluations, or assistance with effective use of adaptive equipment, and 49 accommodations which allow a parent with a disability to benefit from other 50 services, such as Braille texts or sign language interpreters. 51 SECTION 10. That Section 16-2005, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may 14 1 grant an order terminating the relationship where it finds one (1) or more of 2 the following conditions exist: 3 a. The parent has abandoned the child by having willfully failed to main- 4 tain a normal parental relationship including, but not limited to, reasonable 5 support or regular personal contact; failure of the parent to maintain this 6 relationship without just cause for a period of one (1) year shall constitute 7 prima facie evidence of abandonment under this section. Provided further, that 8 where termination is sought by a grandparent seeking to adopt the child, will- 9 ful failure of the parent to maintain a normal parental relationship as pro- 10 vided herein, without just cause, for six (6) months shall constitute prima 11 facie evidence of abandonment. 12 b. The parent has neglected or abused the child. Neglect as used herein 13 shall mean a situation in which the child lacks parental care necessary for 14 his health, morals and well-being. 15 c. The presumptive parent is not the natural parent of the child. 16 d.The parent is unable to discharge parental responsibilities because of17mental illness or mental deficiency, and there are reasonable grounds to18believe the condition will continue for a prolonged indeterminate period and19will be injurious to the health, morals or well-being of the child.20e.If termination is found to be in the best interest of the parent and 21 child, where the petition has been filed by a parent or through an authorized 22 agency, or interested party. 23fe. Where a consent to termination in the manner and form prescribed by 24 this act has been filed by the parent(s) of the child in conjunction with a 25 petition for adoption initiated by the person or persons proposing to adopt 26 the child, or where the consent to termination has been filed by a licensed 27 adoption agency, no subsequent hearing on the merits of the petition shall be 28 held. Consents required by this act must be witnessed by a district judge or 29 magistrate of a district court, or equivalent judicial officer of the state, 30 where a person consenting resides or is present, whether within or without the 31 county, and shall be substantially in the following form: 32 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 33 AND FOR THE COUNTY OF .... 34 In the Matter of the termination ) 35 of the parental rights of ) 36 ................... ) 37 ................... ) 38 I (we), the undersigned, being the .... of ...., do hereby give my (our) 39 full and free consent to the complete and absolute termination of my (our) 40 parental right(s), to the said ...., who was born ...., ...., unto ...., 41 hereby relinquishing completely and forever, all legal rights, privileges, 42 duties and obligations, including all rights of inheritance to and from the 43 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing 44 on the petition to terminate my (our) parental relationship with the said 45 ...., and respectfully request the petition be granted. 46 DATED: ...., 20... 47 ................... 48 STATE OF IDAHO ) 49 ) ss. 50 COUNTY OF .... ) 51 On this .... day of ...., 20.., before me, the undersigned ...., .... 52 (Judge or Magistrate) of the District Court of the .... Judicial District of 53 the state of Idaho, in and for the county of ...., personally appeared ...., 54 known to me (or proved to me on the oath of ....) to be the person(s) whose 55 name(s) is (are) subscribed to the within instrument, and acknowledged to me 15 1 that he (she, they) executed the same. 2 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 3 seal the day and year in this certificate first above written. 4 ...................... (District Judge or Magistrate) 5 The court shall accept a consent or a surrender and release executed in 6 another state if: 7 (1) It is witnessed by a magistrate or district judge of the state where 8 signed; or 9 (2) The court receives an affidavit or a certificate from a court of com- 10 parable jurisdiction stating that the consent or the surrender and release 11 was executed in accordance with the laws of the state in which it was exe- 12 cuted, or the court is satisfied by other showing that the consent or sur- 13 render and release was executed in accordance with the laws of the state 14 in which it was executed; or 15 (3) The court shall accept a termination or relinquishment from a sister 16 state that has been ordered by a court of competent jurisdiction under 17 like proceedings; or in any other manner authorized by the laws of a sis- 18 ter state. In a state where the father has failed to file notice of claim 19 to paternity and willingness to assume responsibility as provided for pur- 20 suant to the laws of such state, and where such failure constitutes an 21 abandonment of such child and constitutes a termination or relinquishment 22 of the rights of the putative father, the court shall accept such failure 23 as a termination in this state without further hearing on the merits, if 24 the court is satisfied that such failure constitutes a termination or 25 relinquishment of parental rights pursuant to the laws of that state. 26gf. Unless a consent to termination signed by the parent(s) of the child 27 has been filed by an adoption agency licensed in the state of Idaho, or unless 28 the consent to termination was filed in conjunction with a petition for adop- 29 tion of the child, the court shall hold a hearing. 30hg. The court may grant termination as to a parent: 31 (1) Who caused the child to be conceived as a result of rape, incest, 32 lewd conduct with a minor child under sixteen (16) years, or sexual abuse 33 of a child under the age of sixteen (16) years, as defined in section 34 16-2002no., Idaho Code; or 35 (2) Who murdered or intentionally killed the other parent of the child; 36 or if the court determines the parent has been convicted of murder or vol- 37 untary manslaughter of another sibling of the child or has aided, abetted, 38 conspired or solicited to commit such murder or voluntary manslaughter 39 and/or if the court determines the parent has been convicted of a felony 40 assault or battery which resulted in serious bodily injury to the child or 41 a sibling; or 42 (3) Who has been incarcerated and has no possibility of parole; or 43 (4) If a court determines the child to be an abandoned infant. 44 There is a rebuttable presumption that termination of the parent-child rela- 45 tionship in any of the circumstances provided in subsectionhg. of this sec- 46 tion is in the best interest of the child. 47 h. If the parent has a disability, as defined in this chapter, the parent 48 shall have the right to provide evidence to the court regarding the manner in 49 which the use of adaptive equipment or supportive services will enable the 50 parent to carry out the responsibilities of parenting the child. Nothing in 51 this section shall be construed to create any new or additional obligation on 52 state or local governments to purchase or provide adaptive equipment or sup- 53 portive services for parents with disabilities. 54 SECTION 11. That Section 16-2007, Idaho Code, be, and the same is hereby 16 1 amended to read as follows: 2 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been 3 filed, the court shall set the time and place for hearing, and shall cause 4 notice thereof to be given to the petitioner, the parents of the child if mar- 5 ried, the mother of the child if unmarried, those persons entitled to notice 6 pursuant to section 16-1513, Idaho Code, the guardian of the person of the 7 child, the person having legal custody of the child, any individual standing 8 in loco parentis to the child, and the guardian ad litem of any party, or if 9 service cannot be had on the parent or guardian, then upon the nearest blood 10 relative named in the petition. The division of welfare of the Idaho depart- 11 ment of health and welfare shall be given notice of the hearing if the peti- 12 tion for termination was not filed in conjunction with a petition for adoption 13 or by an adoption agency licensed by the state of Idaho. Notice shall be given 14 by personal service on the parents or guardian. Where reasonable efforts to 15 effect personal service have been unsuccessful, the court shall order service 16 by registered or certified mail to the last known address of the person to be 17 notified and by publication once a week for three (3) successive weeks in a 18 newspaper or newspapers to be designated by the court as most likely to give 19 notice to the person to be served. The hearing shall take place no sooner than 20 ten (10) days after service of notice, or where service is by registered or 21 certified mail and publication, the hearing shall take place no sooner than 22 ten (10) days after the date of last publication. Notice and appearance may be 23 waived by a parent in writing before the court or in the presence of, and wit- 24 nessed by, a clerk of court or a representative of an authorized agency, pro- 25 vided that such parent has been apprised by the court or by such person of the 26 meaning and consequences of the termination action. Where the parent resides 27 outside the state, the waiver shall be acknowledged before a notary of the 28 state and shall contain the current address of the parent. The parent who has 29 executed such a waiver shall not be required to appear. When the termination 30 of the parent and child relationship is soughtunder section 16-2005 d., Idaho31Codeand the parent is determined to be incompetent to participate in the pro- 32 ceeding, the court shall appoint a guardian ad litem for the alleged incompe- 33 tent parent. The court may in any other case appoint a guardian ad litem, as 34 may be deemed necessary or desirable, for any party. Where the putative father 35 has failed to timely commence proceedings to establish paternity under section 36 7-1111, Idaho Code, and by filing with the vital statistics unit of the 37 department of health and welfare, notice of his commencement of proceedings to 38 establish his paternity of the child born out of wedlock, notice under this 39 section is not required unless such putative father is one of those persons 40 specifically set forth in section 16-1505(1), Idaho Code. If a parent fails to 41 file a claim of parental rights pursuant to the provisions of chapter 81, 42 title 39, Idaho Code, for a child left with a safe haven pursuant thereto, 43 prior to entry of an order terminating their parental rights, that parent is 44 deemed to have abandoned the child and waived and surrendered any right in 45 relation to the child, including the right to notice of any judicial proceed- 46 ing in connection with the termination of parental rights. 47 SECTION 12. That Section 16-2008, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 16-2008. INVESTIGATION PRIOR TO DISPOSITION. a. If a petition for adop- 50 tion is not filed in conjunction with a petition for termination, or the peti- 51 tion for termination was not filed by a children's adoption agency licensed by 52 the state of Idaho upon the filing of a petition for termination, the court 17 1 shall direct the department of health and welfare, bureau of child support 2 enforcement to submit a written financial analysis report within thirty (30) 3 days from date of notification, detailing the amount of any unreimbursed pub- 4 lic assistance moneys paid by the state of Idaho on behalf of the child. The 5 financial analysis shall include recommendations regarding repayment of 6 unreimbursed public assistance and provisions for future support for the 7 child, and the reasons therefor. 8 b. Upon the filing of a petition, the court may direct, in all cases 9 where written consent to termination has not been given as provided in this 10 act, that an investigation be made by the department of health and welfare, 11 division of family and children's services, or a licensed children's adoption 12 agency, and that a report in writing of such study be submitted to the court 13 prior to the hearing, except that where the department of health and welfare 14 or a licensed children's adoption agency is a petitioner, either in its own 15 right or on behalf of a parent, a report in writing of the investigation made 16 by such agency shall accompany the petition. The department of health and wel- 17 fare or the licensed children's adoption agency shall have thirty (30) days 18 from notification by the court during which it shall complete and submit its 19 investigation unless an extension of time is granted by the court upon appli- 20 cation by the agency. The court may order additional investigation as it deems 21 necessary. The social study shall include the circumstances of the petition, 22 the investigation, the present condition of the child and parents, proposed 23 plans for the child, and such other facts as may be pertinent to the parent 24 and child relationship, and the report submitted shall include a recommenda- 25 tion and the reasons therefor as to whether or not the parent and child rela- 26 tionship should be terminated. If the parent has a disability as defined in 27 this chapter, the parent shall have the right, as a part of the social study, 28 to provide information regarding the manner in which the use of adaptive 29 equipment or supportive services will enable the parent to carry out the 30 responsibilities of parenting the child. The person performing the social 31 investigation shall advise the prospective adoptive parent of such right and 32 shall consider all such information in any findings or recommendations. The 33 social study shall be conducted by, or with the assistance of, an individual 34 with expertise in the use of such equipment and services. Nothing in this sec- 35 tion shall be construed to create any new or additional obligations on state 36 or local governments to purchase or provide adaptive equipment or supportive 37 services for parents with disabilities. Where the parent is a minor, if the 38 report does not include a statement of contact with the parents of said minor, 39 the reasons therefor shall be set forth. The purpose of the investigation is 40 to aid the court in making disposition of the petition and shall be considered 41 by the court prior thereto. 42 c. No social study or investigation as provided for inparagraphsubsec- 43 tion b. of this section shall be directed by the court with respect to the 44 putative father who has failed to timely commence proceedings to establish 45 paternity under section 7-1111, Idaho Code, and by filing with the vital sta- 46 tistics unit of the department of health and welfare, notice of his commence- 47 ment of proceedings to establish his paternity of the child, unless such 48 putative father is one of those persons specifically set forth in section 49 16-1505(1), Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Sali Seconded by Loertscher IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 579 1 AMENDMENTS TO SECTION 7 2 On page 9 of the printed bill, in line 48, delete "fe" and insert: "e"; on 3 page 10, in line 16, delete "The"; delete lines 17 and 18; and in line 19, 4 delete "tions.". 5 AMENDMENT TO SECTION 8 6 On page 11, delete line 47, and insert: "allow discrimination in favor of, 7 or against, on the basis of disability.". 8 AMENDMENTS TO SECTION 10 9 On page 14, delete lines 16, 17, 18 and 19, and insert: 10 "d. The parent is unable to discharge parental responsibilities because 11 of mental illness or mental deficiency, and there are reasonable grounds to 12 believe the condition will continue for a prolonged indeterminate period and 13 will be injurious to the health, morals or well-being of the child."; 14 in line 20, delete "e." and insert: "e."; in line 23, delete "fe" and insert: 15 "f"; on page 15, in line 26, delete "gf" and insert: "g"; in line 30, delete 16 "hg" and insert: "h"; and in line 47, delete "h." and insert: "i.". 17 AMENDMENT TO SECTION 12 18 On page 17, in line 31, delete "prospective adoptive". 19 CORRECTIONS TO TITLE 20 On page 1, in line 15, delete "AND TO PROVIDE A"; in line 16, delete 21 "CORRECT CODE REFERENCE"; in line 17, following "DISCRIMINATION" insert: "IN 22 FAVOR OF, OR AGAINST,"; and in line 19, delete "TO STRIKE DISABILITY AS A CON- 23 DITION" and in line 20, delete "FOR TERMINATION,".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 579, As Amended BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO PARENTAL RIGHTS OF INDIVIDUALS WITH A DISABILITY; AMENDING SECTION 3 15-1-201, IDAHO CODE, TO DEFINE DISABILITY AND TO MAKE TECHNICAL CORREC- 4 TIONS; AMENDING SECTION 15-5-202, IDAHO CODE, TO STRIKE A REFERENCE TO 5 INCAPACITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 15-5-204, 6 IDAHO CODE, TO INCLUDE DISABILITY AS A FACTOR WHICH IS NOT TO BE A DIS- 7 QUALIFICATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1501, 8 IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 15, TITLE 16, IDAHO CODE, BY 9 THE ADDITION OF A NEW SECTION 16-1501B, IDAHO CODE, TO SPECIFY THE RIGHT 10 OF A PROSPECTIVE PARENT WITH A DISABILITY TO PRESENT EVIDENCE AND INFORMA- 11 TION; AMENDING SECTION 16-1504, IDAHO CODE, TO STRIKE A REFERENCE TO DIS- 12 ABILITY FROM CONDITIONS WHICH RELIEVE THE REQUIREMENT TO OBTAIN PERMISSION 13 FOR AN ADOPTION AND TO STRIKE AN INCORRECT CODE REFERENCE; AMENDING SEC- 14 TION 16-1506, IDAHO CODE, TO REQUIRE THE OPPORTUNITY TO PRESENT INFORMA- 15 TION REGARDING ADAPTIVE EQUIPMENT OR SUPPORTIVE SERVICES; AMENDING SECTION 16 16-2001, IDAHO CODE, TO PROHIBIT DISCRIMINATION IN FAVOR OF, OR AGAINST, 17 ON THE BASIS OF DISABILITY; AMENDING SECTION 16-2002, IDAHO CODE, TO 18 DEFINE ADDITIONAL TERMS AND TO PROVIDE A CORRECT CODE REFERENCE; AMENDING 19 SECTION 16-2005, IDAHO CODE, TO REQUIRE AN OPPORTUNITY TO PRESENT EVIDENCE 20 AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 16-2007, IDAHO 21 CODE, TO CLARIFY A REFERENCE TO COMPETENCY; AND AMENDING SECTION 16-2008, 22 IDAHO CODE, TO REQUIRE AN OPPORTUNITY TO PRESENT INFORMATION REGARDING 23 ADAPTIVE EQUIPMENT OR SUPPORTIVE SERVICES AND TO MAKE A TECHNICAL CORREC- 24 TION. 25 Be It Enacted by the Legislature of the State of Idaho: 26 SECTION 1. That Section 15-1-201, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 15-1-201. GENERAL DEFINITIONS. Subject to additional definitions con- 29 tained in the subsequent chapters which are applicable to specific chapters or 30 parts, and unless the context otherwise requires, in this code: 31 (1) "Application" means a written request to the registrar for an order 32 of informal probate or appointment under part 3 of chapter 3 of this code. 33 (2) "Augmented estate" means the estate described in section 15-2-202,of34thisIdaho Ccode. 35 (3) "Beneficiary," as it relates to trust beneficiaries, includes a per- 36 son who has any present or future interest, vested or contingent, and also 37 includes the owner of an interest by assignment or other transfer and as it 38 relates to a charitable trust, includes any person entitled to enforce the 39 trust. 40 (4) "Child" includes any individual entitled to take as a child under 41 this code by intestate succession from the parent whose relationship is 42 involved and excludes any person who is only a stepchild, a foster child, a 43 grandchild or any more remote descendant. 2 1 (5) "Claims," in respect to estates of decedents and protected persons, 2 includes liabilities of the decedent or protected person whether arising in 3 contract, in tort or otherwise, and liabilities of the estate which arise at 4 or after the death of the decedent or after the appointment of a conservator, 5 including funeral expenses and expenses of administration. The term does not 6 include estate or inheritance taxes, other tax obligations arising from activ- 7 ities or transactions of the estate, demands or disputes regarding title of a 8 decedent or protected person to specific assets alleged to be included in the 9 estate. 10 (6) "Court" means the court or branch having jurisdiction in matters 11 relating to the affairs of decedents, minors, incapacitated and disabled per- 12 sons. This court in this state is known as the district court. 13 (7) "Conservator" means a person who is appointed by a court to manage 14 the estate of a protected person and includes limited conservators as 15 described by section 15-5-420, Idaho Code. 16 (8) "Determination of heirship of community property" shall mean that 17 determination required by the provisions of section 15-3-303,of thisIdaho 18 Ccode, upon an application for informal probate not accompanied by presenta- 19 tion of a will. 20 (9) "Determination of heirship" shall mean that determination of heirship 21 required by section 15-3-409,of thisIdaho Ccode, upon a finding of intes- 22 tacy. 23 (10) "Devise," when used as a noun, means a testamentary disposition of 24 real or personal property and when used as a verb, means to dispose of real or 25 personal property by will. 26 (11) "Devisee" means any person designated in a will to receive a devise. 27 In the case of a devise to an existing trust or trustee, or to a trustee or 28 trust described by will, the trust or trustee is the devisee and the benefi- 29 ciaries are not devisees. 30 (12) "Disability,"means cause for a protective order as described by sub-31section (b)(1) of section 15-5-401 of this codewith respect to an individual, 32 means any mental or physical impairment which substantially limits one (1) or 33 more major life activities of the individual including, but not limited to, 34 self-care, manual tasks, walking, seeing, hearing, speaking, learning, or 35 working, or a record of such an impairment, or being regarded as having such 36 an impairment. Disability shall not include transvestism, transsexualism, 37 pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or sub- 38 stance use disorders, compulsive gambling, kleptomania, or pyromania. Sexual 39 preference or orientation is not considered an impairment or disability. 40 Whether an impairment substantially limits a major life activity shall be 41 determined without consideration of the effect of corrective or mitigating 42 measures used to reduce the effects of the impairment. 43 (13) "Distributee" means any person who has received property of a dece- 44 dent from his personal representative other than as a creditor or purchaser. A 45 testamentary trustee is a distributee only to the extent of distributed assets 46 or increment thereto remaining in his hands. A beneficiary of a testamentary 47 trust to whom the trustee has distributed property received from a personal 48 representative is a distributee of the personal representative. For the pur- 49 pose of this provision "testamentary trustee" includes a trustee to whom 50 assets are transferred by will, to the extent of the devised assets. 51 (14) "Emancipated minor" shall mean any male or female who has been mar- 52 ried. 53 (15) "Estate" means all property of the decedent, including community 54 property of the surviving spouse subject to administration, property of 55 trusts, and property of any other person whose affairs are subject to this 3 1 code as it exists from time to time during administration. 2 (16) "Exempt property" means that property of a decedent's estate which is 3 described in section 15-2-403,of thisIdaho Ccode. 4 (17) "Fiduciary" includes personal representative, guardian, conservator 5 and trustee. 6 (18) "Foreign personal representative" means a personal representative of 7 another jurisdiction. 8 (19) "Formal proceedings" means those conducted before a judge with notice 9 to interested persons. 10 (20) "Guardian" means a person who has qualified as a guardian of a minor 11 or incapacitated person pursuant to testamentary or court appointment and 12 includes limited guardians as described by section 15-5-304, Idaho Code, but 13 excludes one who is merely a guardian ad litem. 14 (21) "Heirs" means those persons, including the surviving spouse, who are 15 entitled under the statutes of intestate succession to the property of a dece- 16 dent. 17 (22) "Incapacitated person" is as defined in section 15-5-101,of this18 Idaho Ccode. 19 (23) "Informal proceedings" means those conducted without notice to inter- 20 ested persons by an officer of the court acting as a registrar for probate of 21 a will or appointment of a personal representative. 22 (24) "Interested person" includes heirs, devisees, children, spouses, 23 creditors, beneficiaries and any others having a property right in or claim 24 against a trust estate or the estate of a decedent, ward or protected person 25 which may be affected by the proceeding. It also includes persons having pri- 26 ority for appointment as personal representative, and other fiduciaries repre- 27 senting interested persons. The meaning as it relates to particular persons 28 may vary from time to time and must be determined according to the particular 29 purposes of, and matter involved in, any proceeding. 30 (25) "Issue" of a person means all his lineal descendants of all genera- 31 tions, with the relationship of parent and child at each generation being 32 determined by the definitions of child and parent contained in this code. 33 (26) "Lease" includes an oil, gas, or other mineral lease. 34 (27) "Letters" includes letters testamentary, letters of guardianship, 35 letters of administration, and letters of conservatorship. 36 (28) "Minor" means a male under eighteen (18) years of age or a female 37 under eighteen (18) years of age. 38 (29) "Mortgage" means any conveyance, agreement or arrangement in which 39 property is used as security. 40 (30) "Nonresident decedent" means a decedent who was domiciled in another 41 jurisdiction at the time of his death. 42 (31) "Organization" includes a corporation, government or governmental 43 subdivision or agency, business trust, estate, trust, partnership or associa- 44 tion, two (2) or more persons having a joint or common interest, or any other 45 legal entity. 46 (32) "Parent" includes any person entitled to take, or who would be enti- 47 tled to take if the child died without a will, as a parent under this code by 48 intestate succession from the child whose relationship is in question and 49 excludes any person who is only a stepparent, foster parent, or grandparent. 50 (33) "Person" means an individual, a corporation, an organization, or 51 other legal entity. 52 (34) "Personal representative" includes executor, administrator, successor 53 personal representative, special administrator, and persons who perform sub- 54 stantially the same function under the law governing their status. "General 55 personal representative" excludes special administrator. 4 1 (35) "Petition" means a written request to the court for an order after 2 notice. 3 (36) "Proceeding" includes action at law and suit in equity. 4 (37) "Property" includes both real and personal property or any interest 5 therein and means anything that may be the subject of ownership. 6 (38) "Protected person" is as defined in section 15-5-101,of thisIdaho 7 Ccode. 8 (39) "Protective proceeding" is as defined in section 15-5-101,of this9 Idaho Ccode. 10 (39A40) "Quasi-community property" is the property defined by section 11 15-2-201,of thisIdaho Ccode. 12 (401) "Registrar" refers to magistrates or judges of the district court 13 who shall perform the functions of registrar as provided in section 15-1-307, 14of thisIdaho Ccode. 15 (412) "Security" includes any note, stock, treasury stock, bond, deben- 16 ture, evidence of indebtedness, certificate of interest or participation in an 17 oil, gas or mining title or lease or in payments out of production under such 18 a title or lease, collateral trust certificate, transferable share, voting 19 trust certificate or, in general, any interest or instrument commonly known as 20 a security, or any certificate of interest or participation, any temporary or 21 interim certificate, receipt or certificate of deposit for, or any warrant or 22 right to subscribe to or purchase, any of the foregoing. 23 (423) "Settlement," in reference to a decedent's estate, includes the full 24 process of administration, distribution and closing. 25 (434) "Special administrator" means a personal representative as described 26 by sections 15-3-614 through 15-3-618,of thisIdaho Ccode. 27 (445) "State" includes any state of the United States, the District of 28 Columbia, the Commonwealth of Puerto Rico, and any territory or possession 29 subject to the legislative authority of the United States. 30 (456) "Successor personal representative" means a personal representative, 31 other than a special administrator, who is appointed to succeed a previously 32 appointed personal representative. 33 (467) "Successors" means those persons, other than creditors, who are 34 entitled to property of a decedent under his will or this code. 35 (478) "Supervised administration" refers to the proceedings described in 36 part 5, chapter 3, of this code. 37 (489) "Testacy proceeding" means a proceeding to establish a will or 38 determine intestacy. 39 (4950) "Trust" includes any express trust, private or charitable, with 40 additions thereto, wherever and however created. It also includes a trust cre- 41 ated or determined by judgment or decree under which the trust is to be admin- 42 istered in the manner of an express trust. "Trust" excludes other constructive 43 trusts, and it excludes resulting trusts, conservatorships, personal represen- 44 tatives, trust accounts as defined in chapter 6 of this code, custodial 45 arrangements pursuant to chapter 8, title 68, Idaho Code, business trusts pro- 46 viding for certificates to be issued to beneficiaries, common trust funds, 47 voting trusts, security arrangements, liquidation trusts, and trusts for the 48 primary purpose of paying debts, dividends, interest, salaries, wages, prof- 49 its, pensions, or employee benefits of any kind, and any arrangement under 50 which a person is nominee or escrowee for another. 51 (501) "Trustee" includes an original, additional, or successor trustee, 52 whether or not appointed or confirmed by court. 53 (512) "Ward" is as defined in section 15-5-101,of thisIdaho Ccode. 54 (523) "Will" is a testamentary instrument and includes codicil and any 55 testamentary instrument which merely appoints an executor or revokes or 5 1 revises another will. 2 (534) "Separate property" includes all property of either the husband or 3 the wife owned by him or her before marriage, and that acquired afterward 4 either by gift, bequest, devise or descent, or that which either he or she 5 acquires with proceeds of his or her separate property, by way of moneys or 6 other property. 7 (545) "Community property" includes all other property acquired after 8 marriage by either husband or wife, including the rents and profits of the 9 separate property of the husband and wife, unless, by the instrument by which 10 any such property is acquired by the wife, it is provided that the rents and 11 profits thereof be applied to her sole and separate use. Real property con- 12 veyed by one (1) spouse to the other shall be presumed to be the sole and sep- 13 arate estate of the grantee. 14 SECTION 2. That Section 15-5-202, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 15-5-202. TESTAMENTARY APPOINTMENT OF GUARDIAN OF MINOR. The parent of a 17 minor may appoint by will a guardianorof an unmarried minor. Subject to the 18 right of the minor under section 15-5-203,of this PartIdaho Code, a testa- 19 mentary appointment becomes effective upon filing the guardian's acceptance in 20 the court in which the will is probated, if before acceptance, both parents 21 are dead.or the surviving parent is adjudged incapacitated.If both parents 22 are dead, an effective appointment by the parent who died later has priority. 23 This state recognizes a testamentary appointment effected by filing the 24 guardian's acceptance under a will probated in another state which is the 25 testator's domicile. Written notice of acceptance of the appointment must be 26 given by the guardian to the minor and to the person having his care or to his 27 nearest adult relation immediately upon acceptance of appointment. 28 SECTION 3. That Section 15-5-204, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 15-5-204. COURT APPOINTMENT OF GUARDIAN OF MINOR -- CONDITIONS FOR 31 APPOINTMENT. The court may appoint a guardian for an unmarried minor if all 32 parental rights of custody have been terminated by prior court order or upon a 33 finding that the child has been neglected, abused, abandoned, or whose parents 34 are unable to provide a stable home environment. "Abandoned" means the failure 35 of the parent to maintain a normal parental relationship with the child 36 including, but not limited to, reasonable support or regular contact. Failure 37 to maintain a normal parental relationship with the child without just cause 38 for a period of six (6) months shall constitute prima facie evidence of aban- 39 donment. In all cases, the court shall consider the best interests of the 40 child as the primary factor in the determination whether to appoint, and whom 41 to appoint, as a guardian for such child. In determining the choice of a 42 guardian for an unmarried minor, the advanced age or disability of a potential 43 guardian shall not, in and of itself, be used as a criterion of the suitabil- 44 ity of the potential guardian so long as the potential guardian is otherwise 45 suitable. A guardian appointed by will as provided in section 15-5-202,of46this partIdaho Code, whose appointment has not been prevented or nullified 47 under section 15-5-203,of this partIdaho Code, has priority over any guard- 48 ian who may be appointed by the court but the court may proceed with an 49 appointment nonetheless upon a finding that the testamentary guardian has 50 failed to accept the testamentary appointment within thirty (30) days after 51 notice of the guardianship proceeding. 6 1 SECTION 4. That Section 16-1501, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 16-1501. MINORS AND ADULTS MAY BE ADOPTED. Any minor child may be adopted 4 by any adult person residing in and having residence in Idaho, in the cases 5 and subject to the rules prescribed in this chapter. 6 (1) Persons not minors may be adopted by a resident adult in cases where 7 the person adopting has sustained the relation of parent to such adopted per- 8 son: 9 (ia)fFor a period in excess of one (1) year while the person was a 10 minor; or 11 (iib)fFor such period of time or in such manner that the court after 12 investigation finds a substantial family relationship has been created. 13 (2) Adoptions shall not be denied solely on the basis of the disability 14 of a prospective adoptive parent. 15 (a) "Adaptive equipment," for purposes of this chapter, means any piece 16 of equipment or any item that is used to increase, maintain, or improve 17 the parenting capabilities of a parent with a disability. 18 (b) "Disability," for purposes of this chapter, means, with respect to an 19 individual, any mental or physical impairment which substantially limits 20 one (1) or more major life activities of the individual including, but not 21 limited to, self-care, manual tasks, walking, seeing, hearing, speaking, 22 learning, or working, or a record of such an impairment, or being regarded 23 as having such an impairment. Disability shall not include transvestism, 24 transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behav- 25 ior disorders, or substance use disorders, compulsive gambling, kleptoma- 26 nia, or pyromania. Sexual preference or orientation is not considered an 27 impairment or disability. Whether an impairment substantially limits a 28 major life activity shall be determined without consideration of the 29 effect of corrective or mitigating measures used to reduce the effects of 30 the impairment. 31 (c) "Supportive services," as used in this chapter, means services which 32 assist a parent with a disability to compensate for those aspects of their 33 disability which affect their ability to care for their child and which 34 will enable them to discharge their parental responsibilities. The term 35 includes specialized or adapted training, evaluations, or assistance with 36 effective use of adaptive equipment, and accommodations which allow a par- 37 ent with a disability to benefit from other services, such as Braille 38 texts or sign language interpreters. 39 SECTION 5. That Chapter 15, Title 16, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 41 ignated as Section 16-1501B, Idaho Code, and to read as follows: 42 16-1501B. RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFOR- 43 MATION. If the prospective adoptive parent has a disability as defined in this 44 chapter, the prospective adoptive parent shall have the right to provide evi- 45 dence to the court regarding the manner in which the use of adaptive equipment 46 or supportive services will enable the parent to carry out the responsibili- 47 ties of parenting the child. Nothing in this chapter shall be construed to 48 create any new or additional obligation on state or local governments to pur- 49 chase or provide adaptive equipment or supportive services for parents with 50 disabilities. 51 SECTION 6. That Section 16-1504, Idaho Code, be, and the same is hereby 7 1 amended to read as follows: 2 16-1504. NECESSARY CONSENT TO ADOPTION. (1) Consent to adoption is 3 required from: 4 (a) The adoptee, if he is more than twelve (12) years of age, unless he 5 does not have the mental capacity to consent; 6 (b) Both parents or the surviving parent of an adoptee who was conceived 7 or born within a marriage, unless the adoptee is eighteen (18) years of 8 age or older; 9 (c) The mother of an adoptee born outside of marriage; 10 (d) Any biological parent who has been adjudicated to be the child's bio- 11 logical father by a court of competent jurisdiction prior to the mother's 12 execution of consent; 13 (e) An unmarried biological father of an adoptee only if the requirements 14 and conditions of subsection (2)(a) or (b) of this section have been 15 proven; 16 (f) Any legally appointed custodian or guardian of the adoptee; 17 (g) The guardian or conservator of andisabled orincapacitated adult, if 18 one has been appointed; 19 (h) The adoptee's spouse, if any; and 20 (i) An unmarried biological father who has filed a voluntary acknowledg- 21 ment of paternity with the vital statistics unit of the department of 22 health and welfare pursuant to section 7-1106, Idaho Code; and 23 (j) The father of an illegitimate child who has adopted the child by 24 acknowledgment.pursuant to section 16-1510, Idaho Code.25 (2) In accordance with subsection (1) of this section, the consent of an 26 unmarried biological father is necessary only if the father has strictly com- 27 plied with the requirements of this section. 28 (a) (i) With regard to a child who is placed with adoptive parents more 29 than six (6) months after birth, an unmarried biological father shall 30 have developed a substantial relationship with the child, taken some 31 measure of responsibility for the child and the child's future, and 32 demonstrated a full commitment to the responsibilities of parenthood 33 by financial support of the child, of a fair and reasonable sum and 34 in accordance with the father's ability, when not prevented from 35 doing so by the person or authorized agency having lawful custody of 36 the child, and either: 37 1. Visiting the child at least monthly when physically and 38 financially able to do so, and when not prevented from doing so 39 by the person or authorized agency having lawful custody of the 40 child; or 41 2. Have regular communication with the child or with the person 42 or agency having the care or custody of the child, when physi- 43 cally and financially unable to visit the child, and when not 44 prevented from doing so by the person or authorized agency hav- 45 ing lawful custody of the child. 46 (ii) The subjective intent of an unmarried biological father, 47 whether expressed or otherwise, unsupported by evidence of acts spec- 48 ified in this subsection shall not preclude a determination that the 49 father failed to meet the requirements of this subsection. 50 (iii) An unmarried biological father who openly lived with the child 51 for a period of six (6) months within the one (1) year period after 52 the birth of the child and immediately preceding placement of the 53 child with adoptive parents, and who openly held himself out to be 54 the father of the child during that period, shall be deemed to have 8 1 developed a substantial relationship with the child and to have 2 otherwise met the requirements of this subsection. 3 (b) With regard to a child who is under six (6) months of age at the time 4 he is placed with adoptive parents, an unmarried biological father shall 5 have manifested a full commitment to his parental responsibilities by per- 6 forming all of the acts described in this subsection prior to the place- 7 ment for adoption of the child in the home of prospective parents or prior 8 to the date of commencement of any proceeding to terminate the parental 9 rights of the birth mother, whichever event occurs first. The father 10 shall: 11 (i) Commence proceedings to establish paternity under section 12 7-1111, Idaho Code, and file with that court a sworn affidavit stat- 13 ing that he is fully able and willing to have full custody of the 14 child, setting forth his plans for the care of the child, and agree- 15 ing to a court order of child support and the payment of expenses 16 incurred in connection with the mother's pregnancy and the child's 17 birth; 18 (ii) File a notice of his commencement of proceedings to establish 19 his paternity of the child with the vital statistics unit of the 20 department of health and welfare pursuant to section 16-1513, Idaho 21 Code; and 22 (iii) If he had actual knowledge of the pregnancy, pay a fair and 23 reasonable amount of the expenses incurred in connection with the 24 mother's pregnancy and the child's birth, in accordance with his 25 means, and when not prevented from doing so by the person or autho- 26 rized agency having lawful custody of the child. 27 (3) An unmarried biological father whose consent is required under sub- 28 section (1) or (2) of this section may nevertheless lose his right to consent 29 if the court determines, in accordance with the requirements and procedures of 30 the termination of parent and child relationship act, sections 16-2001 through 31 16-2015, Idaho Code, that his rights should be terminated, based on the peti- 32 tion of any party as set forth in section 16-2004, Idaho Code. 33 (4) If there is no showing that an unmarried biological father has con- 34 sented to or waived his rights regarding a proposed adoption, the petitioner 35 shall file with the court a certificate from the vital statistics unit of the 36 department of health and welfare, signed by the state registrar of vital sta- 37 tistics, stating that a diligent search has been made of the registry of 38 notices from putative fathers, of a child born out of wedlock, and that the 39 putative father involved has not filed notice of his commencement of proceed- 40 ings to establish his paternity, or if a filing is found, stating the name of 41 the putative father and the time and date of filing. That certificate shall be 42 filed with the court prior to the entrance of the final decree of adoption. 43 (5) An unmarried biological father who does not fully and strictly comply 44 with each of the conditions provided in this section, is deemed to have waived 45 and surrendered any right in relation to the child, including the right to 46 notice of any judicial proceeding in connection with the adoption of the 47 child, and his consent to the adoption of the child is not required. 48 (6) A minor parent has the power to consent to the adoption of his or her 49 child. That consent is valid and has the same force and effect as a consent 50 executed by an adult parent. A minor parent, having executed a consent, cannot 51 revoke that consent upon reaching the age of majority or otherwise becoming 52 emancipated. 53 (7) No consent shall be required of, nor notice given to, any person 54 whose parental relationship to such child shall have been terminated in accor- 55 dance with the provisions of either chapter 16 or 20, title 16, Idaho Code, or 9 1 by a court of competent jurisdiction of a sister state under like proceedings; 2 or in any other manner authorized by the laws of a sister state. Where a vol- 3 untary child placement agency licensed by the state in which it does business 4 is authorized to place a child for adoption and to consent to such child's 5 adoption under the laws of such state, the consent of such agency to the adop- 6 tion of such child in a proceeding within the state of Idaho shall be valid 7 and no further consents or notices shall be required. 8 (8) The legislature finds that an unmarried biological father who resides 9 in another state may not, in every circumstance, be reasonably presumed to 10 know of, and strictly comply with, the requirements of this chapter. Therefore 11 when all of the following requirements have been met, that unmarried biologi- 12 cal father may contest an adoption, prior to finalization of the decree of 13 adoption, and assert his interest in the child: 14 (a) The unmarried biological father resides and has resided in another 15 state where the unmarried mother was also located or resided; 16 (b) The mother left that state without notifying or informing the unmar- 17 ried biological father that she could be located in the state of Idaho; 18 (c) The unmarried biological father has, through every reasonable means, 19 attempted to locate the mother but does not know or have reason to know 20 that the mother is residing in the state of Idaho; and 21 (d) The unmarried biological father has complied with the most stringent 22 and complete requirements of the state where the mother previously resided 23 or was located, in order to protect and preserve his parental interest and 24 rights in the child in cases of adoption. 25 (9) Notwithstanding section 7-1107, Idaho Code, a proceeding to establish 26 paternity filed pursuant to this section may be filed prior to the birth of 27 the child. 28 SECTION 7. That Section 16-1506, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 16-1506. PROCEEDINGS ON ADOPTION. (1) Proceedings to adopt a child shall 31 be commenced by the filing of a petition together with a copy thereof. Said 32 petition shall be initiated by the person or persons proposing to adopt the 33 child and shall be filed with the district court of the county in which said 34 person or persons reside. The petitioners shall have resided and maintained a 35 dwelling within the state of Idaho for at least six (6) consecutive months 36 prior to the filing of a petition. The petition shall set forth the name and 37 address of the petitioner or petitioners, the name of the child proposed to be 38 adopted and the name by which the person to be adopted shall be known if and 39 when adopted, the degree of relationship of the child, if any, to the peti- 40 tioner or petitioners and the names of any person or agency whose consent to 41 said adoption is necessary. At the time fixed for hearing such petition the 42 person adopting a child, and the child adopted, and the spouse of petitioner 43 if a natural parent of the child, must appear before the court of the county 44 wherein the petition was filed. Petitioner shall at such time execute an 45 agreement to the effect that the child shall be adopted and treated in all 46 respects as his own lawful child should be treated. 47 (2) Any person or persons whose consent is required shall execute such 48 consent in writing, in a form consistent with the provisions of subsection e. 49 of section 16-2005, Idaho Code, which consent being filed in the court where 50 the application is made, shall be deemed a sufficient appearance on the part 51 of such person or persons. If any adoptive parent, or a person not a minor 52 being adopted by a resident adult under the provisions of section 16-1501, 53 Idaho Code, is a member of the armed services and is unable to attend the 10 1 hearing, his appearance and testimony shall be received by means of deposi- 2 tion, which shall be filed in the court at the time of the hearing. 3 (3) Prior to the placement for adoption of any child in the home of pro- 4 spective adoptive parents, it shall be required that a thorough social inves- 5 tigation of the prospective adoptive family and all of its members, consistent 6 with the rules regarding such investigations promulgated by the department of 7 health and welfare, shall be completed and that a positive recommendation for 8 adoptive placement shall have been made. The social investigation may be per- 9 formed by any individual who meets the requirements of the law. If the pro- 10 spective adoptive parent has a disability as defined in this chapter, the pro- 11 spective adoptive parent shall have the right, as a part of the social study, 12 to provide information regarding the manner in which the use of adaptive 13 equipment or supportive services will enable the parent to carry out the 14 responsibilities of parenting the child. The person performing the social 15 investigation shall advise the prospective adoptive parent of such right and 16 shall consider all such information in any findings or recommendations. The 17 social investigation of any prospective adoptive parent with a disability 18 shall be conducted by, or with the assistance of, an individual with expertise 19 in the use of such equipment and services. Nothing in this chapter shall be 20 construed to create any new or additional obligation on state or local govern- 21 ments to purchase or provide adaptive equipment or supportive services for 22 parents with disabilities. A copy of the study must be submitted to the 23 department and the department may impose a reasonable fee, not to exceed fifty 24 dollars ($50.00), for oversight of such privately conducted studies. In those 25 instances where the prospective adoptive parent is married to the birth parent 26 or is the grandparent of the child to be adopted, such social investigation 27 shall be completed with regard to the prospective adoptive parent only upon 28 order of the court. In exigent circumstances where the prospective adoptive 29 parents are determined by the court to have been unable to complete a social 30 investigation of the family with a positive recommendation prior to the time 31 the child is placed in the home, the child shall remain in the home unless the 32 court determines the best interests of the child are served by other place- 33 ment. If exigent circumstances exist, a social investigation shall be initi- 34 ated within five (5) days of placement. Once initiated, all studies shall be 35 completed within sixty (60) days. Upon the filing of a petition to adopt a 36 minor child by a person unrelated to the child or unmarried to a natural par- 37 ent of the child and at the discretion of the court upon the filing of any 38 other petition for adoption, a copy of such petition, together with a state- 39 ment containing the full names and permanent addresses of the child and the 40 petitioners, shall be served by the court receiving the petition within five 41 (5) days on the director of the department of health and welfare by registered 42 mail or personal service. If no private investigation is conducted, it shall 43 then be the duty of the said director, through the personnel of the department 44 or through such qualified child-placing children's adoption agency incorpo- 45 rated under chapter 3, title 30, Idaho Code, as the director may designate, to 46 verify the allegations of the petition, and as soon as possible not exceeding 47 thirty (30) days after service of the petition on the director to make a thor- 48 ough investigation of the matter to include in all cases information as to the 49 alleged date and place of birth and as to parentage of the child to be adopted 50 as well as the source of all such information and report his findings in writ- 51 ing to the court. The investigative report shall include reasonably known or 52 available medical and genetic information regarding both natural parents and 53 sources of such information as well as reasonably known or available providers 54 of medical care and services to the natural parents. A copy of all medical and 55 genetic information compiled in the investigation shall be made available to 11 1 the adopting family by the department or other investigating children's adop- 2 tion agency prior to entry of the final order of adoption. The petition, 3 statement and all other papers, records or files relating to the adoption, 4 including the preplacement investigation and recommendation, shall be returned 5 to the court with the investigative report. The department of health and wel- 6 fare or other children's adoption agency may require the petitioner to pay all 7 or any part of the costs of the investigation. If the report disapproves of 8 the adoption of the child, motion may be made to the court to dismiss the 9 petition. 10 (4) Proceedings for termination of parent-child relationship in accor- 11 dance with chapter 20, title 16, Idaho Code, and proceedings for adoption may 12 be consolidated and determined at one (1) hearing provided that all of the 13 requirements of this chapter as well as chapter 20, title 16, Idaho Code, be 14 fully complied with. Nothing in either chapter shall be construed as limiting 15 the initiation of any petition for approval of a verified financial plan for 16 adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth 17 of the child which is the subject of any adoption proceeding. In all disputed 18 matters under this chapter or chapter 20, title 16, Idaho Code, the paramount 19 criterion for consideration and determination by the court shall be the best 20 interests of the child. 21 (5) Proceedings for the adoption of an adult shall be as provided in sub- 22 section (1) of this section and any consents required shall be executed as 23 provided in subsection (2) of this section. Upon a finding by the court that 24 the consent of all persons for whom consent is required has been given and 25 that the requirements of section 16-1501, Idaho Code, have been proven to the 26 satisfaction of the court, the court shall enter an order granting the adop- 27 tion. In cases where the adult proposed to be adopted is incapacitated or dis- 28 abled, the court may require that an investigation be performed. The form and 29 extent of the investigation to be undertaken may be as provided in subsection 30 (3) of this section, or as otherwise ordered by the court. If an investigation 31 is performed, the court must review and approve the findings of the investiga- 32 tion before issuing an order approving the adoption. 33 SECTION 8. That Section 16-2001, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 16-2001. PURPOSE. The purpose of this act is to provide for voluntary and 36 involuntary severance of the parent and child relationship and for substitu- 37 tion of parental care and supervision by judicial process, thereby safeguard- 38 ing the rights and interests of all parties concerned and promoting their wel- 39 fare and that of the state of Idaho. Implicit in this act is the philosophy 40 that wherever possible family life should be strengthened and preserved and 41 that the issue of severing the parent and child relationship is of such vital 42 importance as to require a judicial determination in place of attempts at sev- 43 erance by contractual arrangements, express or implied, for the surrender and 44 relinquishment of children. Nothing in this chapter shall be construed to 45 allow discrimination in favor of, or against, on the basis of disability. 46 SECTION 9. That Section 16-2002, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 16-2002. DEFINITIONS. When used in this act, unless the text otherwise 49 requires: 50 a. "Court" means the district court. 51 b. "Child" or "minor" means a person less than eighteen (18) years of 12 1 age. 2 c. The singular includes the plural, the plural the singular, and the 3 masculine the feminine, when consistent with the intent of the act. 4 d. "Neglected" used with respect to a child refers to those situations in 5 which the child lacks proper support or parental care necessary for his 6 health, morals, and well-being. 7 e. "Abuse" used with respect to a child refers to those situations in 8 which physical cruelty in excess of that required for reasonable disciplinary 9 purposes has been inflicted by a parent or other person in whom legal custody 10 of the child has been vested. 11 f. "Legal custody" means status created by court order embodying the fol- 12 lowing rights and responsibilities: 13 (1) The right to physical possession of the child; 14 (2) The right and duty to protect, train and discipline the child; and 15 (3) The responsibility to provide the child with food, shelter, education 16 and medical care; 17 provided that such rights and responsibilities shall be exercised subject to 18 the powers, rights, duties and responsibilities of the guardian of the person. 19 g. "Guardianship of the person" means those rights and duties imposed 20 upon a person appointed as guardian of a minor under the laws of Idaho. It 21 includes but is not necessarily limited either in number or kind to: 22 (1) The authority to consent to marriage, to enlistment in the armed 23 forces of the United States, and to major medical, psychiatric and surgi- 24 cal treatment; to represent the minor in legal actions; and to make other 25 decisions concerning the child of substantial legal significance; 26 (2) The authority and duty of reasonable visitation, except to the extent 27 that such right of visitation has been limited by court order; 28 (3) The rights and responsibilities of legal custody except where legal 29 custody has been vested in another individual or in an authorized child 30 placement agency; 31 (4) When the parent and child relationship has been terminated by judi- 32 cial decree with respect to the parents, or only living parent, or when 33 there is no living parent, the authority to consent to the adoption of the 34 child and to make any other decision concerning the child which the 35 child's parents could make. 36 h. "Guardian ad litem" means a person appointed as such pursuant to law, 37 by the court to protect the interest of a minor or an incompetent in a case 38 before the court. 39 i. "Authorized agency" means the state department of health and welfare 40 or a voluntary child placement agency licensed to care for and place children 41 by the state department of health and welfare. 42 j. "Parent" means: 43 (1) The birth mother or the adoptive mother; 44 (2) The adoptive father; 45 (3) The biological father of a child conceived or born during the 46 father's marriage to the birth mother; 47 (4) The unmarried biological father whose consent to an adoption of the 48 child is required pursuant to section15-150416-1504, Idaho Code; 49 (5) A man whose paternity is established by court decree; and 50 (6) An unmarried biological father who has filed a voluntary acknowledg- 51 ment of paternity with the vital statistics unit of the department of 52 health and welfare pursuant to section 7-1106, Idaho Code; and 53 (7) The father of an illegitimate child who has adopted the child by 54 acknowledgment pursuant to section 16-1510, Idaho Code. 55 k. "Presumptive father" means a man who is or was married to the birth 13 1 mother and the child is born during the marriage or within three hundred (300) 2 days after the marriage is terminated. 3 l. "Parent and child relationship" includes all rights, privileges, 4 duties and obligations existing between parent and child, including inheri- 5 tance rights, and shall be construed to include adoptive parents. 6 m. "Protective supervision" means a legal status created by court order 7 in proceedings not involving violations of the law but where the legal custody 8 of the child is subject to change, whereby the child is permitted to remain in 9 his home under the supervision of an authorized agency designated by the court 10 and is subject to return to the court during the period of protective supervi- 11 sion. 12 n. "Parties" includes the child and the petitioners. 13 o. "Rape," (18-6101, Idaho Code); "lewd conduct with a minor child under 14 sixteen," (18-1508, Idaho Code); "sexual abuse of a child under the age of 15 sixteen years," (18-1506, Idaho Code); and "incest" (18-6602, Idaho Code) 16 shall be defined as provided in the applicable provisions of title 18, Idaho 17 Code, but for purposes of this chapter shall not include any circumstance 18 where the parents of the child in question were married at the time of concep- 19 tion. 20 p. "Unmarried biological father," as used in this chapter and chapter 15, 21 title 16, Idaho Code, means the biological father of a child, which biological 22 father was not married to the child's mother at the time the child was con- 23 ceived or born. 24 q. "Unmarried biological mother," as used in this chapter, means the bio- 25 logical mother of a child, which biological mother was not married to the 26 child's biological father at the time the child was conceived or born. 27 r. "Disability" means, with respect to an individual, any mental or phys- 28 ical impairment which substantially limits one (1) or more major life activi- 29 ties of the individual including, but not limited to, self-care, manual tasks, 30 walking, seeing, hearing, speaking, learning, or working, or a record of such 31 an impairment, or being regarded as having such an impairment. Disability 32 shall not include transvestism, transsexualism, pedophilia, exhibitionism, 33 voyeurism, other sexual behavior disorders, or substance use disorders, com- 34 pulsive gambling, kleptomania, or pyromania. Sexual preference or orientation 35 is not considered an impairment or disability. Whether an impairment substan- 36 tially limits a major life activity shall be determined without consideration 37 of the effect of corrective or mitigating measures used to reduce the effects 38 of the impairment. 39 s. "Adaptive equipment" means any piece of equipment or any item that is 40 used to increase, maintain, or improve the parenting abilities of a parent 41 with a disability. 42 t. "Supportive services" means services which assist a parent with a dis- 43 ability to compensate for those aspects of their disability which affect their 44 ability to care for their child and which will enable them to discharge their 45 parental responsibilities. The term includes specialized or adapted training, 46 evaluations, or assistance with effective use of adaptive equipment, and 47 accommodations which allow a parent with a disability to benefit from other 48 services, such as Braille texts or sign language interpreters. 49 SECTION 10. That Section 16-2005, Idaho Code, be, and the same is hereby 50 amended to read as follows: 51 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may 52 grant an order terminating the relationship where it finds one (1) or more of 53 the following conditions exist: 14 1 a. The parent has abandoned the child by having willfully failed to main- 2 tain a normal parental relationship including, but not limited to, reasonable 3 support or regular personal contact; failure of the parent to maintain this 4 relationship without just cause for a period of one (1) year shall constitute 5 prima facie evidence of abandonment under this section. Provided further, that 6 where termination is sought by a grandparent seeking to adopt the child, will- 7 ful failure of the parent to maintain a normal parental relationship as pro- 8 vided herein, without just cause, for six (6) months shall constitute prima 9 facie evidence of abandonment. 10 b. The parent has neglected or abused the child. Neglect as used herein 11 shall mean a situation in which the child lacks parental care necessary for 12 his health, morals and well-being. 13 c. The presumptive parent is not the natural parent of the child. 14 d. The parent is unable to discharge parental responsibilities because of 15 mental illness or mental deficiency, and there are reasonable grounds to 16 believe the condition will continue for a prolonged indeterminate period and 17 will be injurious to the health, morals or well-being of the child. 18 e. If termination is found to be in the best interest of the parent and 19 child, where the petition has been filed by a parent or through an authorized 20 agency, or interested party. 21 f. Where a consent to termination in the manner and form prescribed by 22 this act has been filed by the parent(s) of the child in conjunction with a 23 petition for adoption initiated by the person or persons proposing to adopt 24 the child, or where the consent to termination has been filed by a licensed 25 adoption agency, no subsequent hearing on the merits of the petition shall be 26 held. Consents required by this act must be witnessed by a district judge or 27 magistrate of a district court, or equivalent judicial officer of the state, 28 where a person consenting resides or is present, whether within or without the 29 county, and shall be substantially in the following form: 30 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 31 AND FOR THE COUNTY OF .... 32 In the Matter of the termination ) 33 of the parental rights of ) 34 ................... ) 35 ................... ) 36 I (we), the undersigned, being the .... of ...., do hereby give my (our) 37 full and free consent to the complete and absolute termination of my (our) 38 parental right(s), to the said ...., who was born ...., ...., unto ...., 39 hereby relinquishing completely and forever, all legal rights, privileges, 40 duties and obligations, including all rights of inheritance to and from the 41 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing 42 on the petition to terminate my (our) parental relationship with the said 43 ...., and respectfully request the petition be granted. 44 DATED: ...., 20... 45 ................... 46 STATE OF IDAHO ) 47 ) ss. 48 COUNTY OF .... ) 49 On this .... day of ...., 20.., before me, the undersigned ...., .... 50 (Judge or Magistrate) of the District Court of the .... Judicial District of 51 the state of Idaho, in and for the county of ...., personally appeared ...., 52 known to me (or proved to me on the oath of ....) to be the person(s) whose 53 name(s) is (are) subscribed to the within instrument, and acknowledged to me 54 that he (she, they) executed the same. 55 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 15 1 seal the day and year in this certificate first above written. 2 ...................... (District Judge or Magistrate) 3 The court shall accept a consent or a surrender and release executed in 4 another state if: 5 (1) It is witnessed by a magistrate or district judge of the state where 6 signed; or 7 (2) The court receives an affidavit or a certificate from a court of com- 8 parable jurisdiction stating that the consent or the surrender and release 9 was executed in accordance with the laws of the state in which it was exe- 10 cuted, or the court is satisfied by other showing that the consent or sur- 11 render and release was executed in accordance with the laws of the state 12 in which it was executed; or 13 (3) The court shall accept a termination or relinquishment from a sister 14 state that has been ordered by a court of competent jurisdiction under 15 like proceedings; or in any other manner authorized by the laws of a sis- 16 ter state. In a state where the father has failed to file notice of claim 17 to paternity and willingness to assume responsibility as provided for pur- 18 suant to the laws of such state, and where such failure constitutes an 19 abandonment of such child and constitutes a termination or relinquishment 20 of the rights of the putative father, the court shall accept such failure 21 as a termination in this state without further hearing on the merits, if 22 the court is satisfied that such failure constitutes a termination or 23 relinquishment of parental rights pursuant to the laws of that state. 24 g. Unless a consent to termination signed by the parent(s) of the child 25 has been filed by an adoption agency licensed in the state of Idaho, or unless 26 the consent to termination was filed in conjunction with a petition for adop- 27 tion of the child, the court shall hold a hearing. 28 h. The court may grant termination as to a parent: 29 (1) Who caused the child to be conceived as a result of rape, incest, 30 lewd conduct with a minor child under sixteen (16) years, or sexual abuse 31 of a child under the age of sixteen (16) years, as defined in section 32 16-2002no., Idaho Code; or 33 (2) Who murdered or intentionally killed the other parent of the child; 34 or if the court determines the parent has been convicted of murder or vol- 35 untary manslaughter of another sibling of the child or has aided, abetted, 36 conspired or solicited to commit such murder or voluntary manslaughter 37 and/or if the court determines the parent has been convicted of a felony 38 assault or battery which resulted in serious bodily injury to the child or 39 a sibling; or 40 (3) Who has been incarcerated and has no possibility of parole; or 41 (4) If a court determines the child to be an abandoned infant. 42 There is a rebuttable presumption that termination of the parent-child rela- 43 tionship in any of the circumstances provided in subsectionhg. of this sec- 44 tion is in the best interest of the child. 45 i. If the parent has a disability, as defined in this chapter, the parent 46 shall have the right to provide evidence to the court regarding the manner in 47 which the use of adaptive equipment or supportive services will enable the 48 parent to carry out the responsibilities of parenting the child. Nothing in 49 this section shall be construed to create any new or additional obligation on 50 state or local governments to purchase or provide adaptive equipment or sup- 51 portive services for parents with disabilities. 52 SECTION 11. That Section 16-2007, Idaho Code, be, and the same is hereby 53 amended to read as follows: 16 1 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been 2 filed, the court shall set the time and place for hearing, and shall cause 3 notice thereof to be given to the petitioner, the parents of the child if mar- 4 ried, the mother of the child if unmarried, those persons entitled to notice 5 pursuant to section 16-1513, Idaho Code, the guardian of the person of the 6 child, the person having legal custody of the child, any individual standing 7 in loco parentis to the child, and the guardian ad litem of any party, or if 8 service cannot be had on the parent or guardian, then upon the nearest blood 9 relative named in the petition. The division of welfare of the Idaho depart- 10 ment of health and welfare shall be given notice of the hearing if the peti- 11 tion for termination was not filed in conjunction with a petition for adoption 12 or by an adoption agency licensed by the state of Idaho. Notice shall be given 13 by personal service on the parents or guardian. Where reasonable efforts to 14 effect personal service have been unsuccessful, the court shall order service 15 by registered or certified mail to the last known address of the person to be 16 notified and by publication once a week for three (3) successive weeks in a 17 newspaper or newspapers to be designated by the court as most likely to give 18 notice to the person to be served. The hearing shall take place no sooner than 19 ten (10) days after service of notice, or where service is by registered or 20 certified mail and publication, the hearing shall take place no sooner than 21 ten (10) days after the date of last publication. Notice and appearance may be 22 waived by a parent in writing before the court or in the presence of, and wit- 23 nessed by, a clerk of court or a representative of an authorized agency, pro- 24 vided that such parent has been apprised by the court or by such person of the 25 meaning and consequences of the termination action. Where the parent resides 26 outside the state, the waiver shall be acknowledged before a notary of the 27 state and shall contain the current address of the parent. The parent who has 28 executed such a waiver shall not be required to appear. When the termination 29 of the parent and child relationship is soughtunder section 16-2005 d., Idaho30Codeand the parent is determined to be incompetent to participate in the pro- 31 ceeding, the court shall appoint a guardian ad litem for the alleged incompe- 32 tent parent. The court may in any other case appoint a guardian ad litem, as 33 may be deemed necessary or desirable, for any party. Where the putative father 34 has failed to timely commence proceedings to establish paternity under section 35 7-1111, Idaho Code, and by filing with the vital statistics unit of the 36 department of health and welfare, notice of his commencement of proceedings to 37 establish his paternity of the child born out of wedlock, notice under this 38 section is not required unless such putative father is one of those persons 39 specifically set forth in section 16-1505(1), Idaho Code. If a parent fails to 40 file a claim of parental rights pursuant to the provisions of chapter 81, 41 title 39, Idaho Code, for a child left with a safe haven pursuant thereto, 42 prior to entry of an order terminating their parental rights, that parent is 43 deemed to have abandoned the child and waived and surrendered any right in 44 relation to the child, including the right to notice of any judicial proceed- 45 ing in connection with the termination of parental rights. 46 SECTION 12. That Section 16-2008, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 16-2008. INVESTIGATION PRIOR TO DISPOSITION. a. If a petition for adop- 49 tion is not filed in conjunction with a petition for termination, or the peti- 50 tion for termination was not filed by a children's adoption agency licensed by 51 the state of Idaho upon the filing of a petition for termination, the court 52 shall direct the department of health and welfare, bureau of child support 53 enforcement to submit a written financial analysis report within thirty (30) 17 1 days from date of notification, detailing the amount of any unreimbursed pub- 2 lic assistance moneys paid by the state of Idaho on behalf of the child. The 3 financial analysis shall include recommendations regarding repayment of 4 unreimbursed public assistance and provisions for future support for the 5 child, and the reasons therefor. 6 b. Upon the filing of a petition, the court may direct, in all cases 7 where written consent to termination has not been given as provided in this 8 act, that an investigation be made by the department of health and welfare, 9 division of family and children's services, or a licensed children's adoption 10 agency, and that a report in writing of such study be submitted to the court 11 prior to the hearing, except that where the department of health and welfare 12 or a licensed children's adoption agency is a petitioner, either in its own 13 right or on behalf of a parent, a report in writing of the investigation made 14 by such agency shall accompany the petition. The department of health and wel- 15 fare or the licensed children's adoption agency shall have thirty (30) days 16 from notification by the court during which it shall complete and submit its 17 investigation unless an extension of time is granted by the court upon appli- 18 cation by the agency. The court may order additional investigation as it deems 19 necessary. The social study shall include the circumstances of the petition, 20 the investigation, the present condition of the child and parents, proposed 21 plans for the child, and such other facts as may be pertinent to the parent 22 and child relationship, and the report submitted shall include a recommenda- 23 tion and the reasons therefor as to whether or not the parent and child rela- 24 tionship should be terminated. If the parent has a disability as defined in 25 this chapter, the parent shall have the right, as a part of the social study, 26 to provide information regarding the manner in which the use of adaptive 27 equipment or supportive services will enable the parent to carry out the 28 responsibilities of parenting the child. The person performing the social 29 investigation shall advise the parent of such right and shall consider all 30 such information in any findings or recommendations. The social study shall be 31 conducted by, or with the assistance of, an individual with expertise in the 32 use of such equipment and services. Nothing in this section shall be construed 33 to create any new or additional obligations on state or local governments to 34 purchase or provide adaptive equipment or supportive services for parents with 35 disabilities. Where the parent is a minor, if the report does not include a 36 statement of contact with the parents of said minor, the reasons therefor 37 shall be set forth. The purpose of the investigation is to aid the court in 38 making disposition of the petition and shall be considered by the court prior 39 thereto. 40 c. No social study or investigation as provided for inparagraphsubsec- 41 tion b. of this section shall be directed by the court with respect to the 42 putative father who has failed to timely commence proceedings to establish 43 paternity under section 7-1111, Idaho Code, and by filing with the vital sta- 44 tistics unit of the department of health and welfare, notice of his commence- 45 ment of proceedings to establish his paternity of the child, unless such 46 putative father is one of those persons specifically set forth in section 47 16-1505(1), Idaho Code.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT STATEMENT OF PURPOSE RS 11956 Idaho child custody laws, as currently written, reflect the historical bias against parents with disabilities and present an unrealistic view of parents with disabilities by their referral to having a disability as a factor in a parent's ability to raise their children. Such references imply that parents with disabilities are incapable of properly caring for their children. Many parents with significant disabilities provide excellent care and stable homes for their children. With the assistance of a family, friends, and neighbors. The legislation removes from adoption, termination of parental rights and guardianship law inappropriate disability language and builds in language that grants the parent with a disability the right to present evidence and information regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. This legislation also prohibits discrimination based on disability and creates an evaluation system that takes into consideration the use of adaptive equipment and supportive services. FISCAL IMPACT The legislation clearly states that it does not create any new or additional obligations on state or local governments to purchase evaluations or provide adaptive equipment or supportive services for parents with disabilities. Therefore, there is no fiscal impact. Contact: Name: Kelly Buckland Idaho State Independent Living Council Phone: 334-3800 STATEMENT OF PURPOSE/FISCAL NOTE H 579