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H0167aa...............................................by HEALTH AND WELFARE
CHILD PROTECTION - DISABLED PARENTS - Amends existing law to provide that
for child protective cases, designated provisions shall not be construed to
allow discrimination on the basis of disabilities; to revise jurisdictional
criteria; to provide for the introduction of certain evidence by parents or
guardians with disabilities; to provide that persons knowledgeable about
adaptive equipment and supportive services for parents or guardians with
disabilities may participate in certain investigations; and to revise
written protocol criteria for certain investigations and interviews.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/18 Rpt out - Ref'd to Health/Wel
03/10 Rpt out - to Gen Ord
03/13 Rpt out amen - to engros
03/14 Rpt engros - 1st rdg - to 2nd rdg as amen
03/17 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen- PASSED - 41-21-8
AYES -- Andersen, Bell, Bieter, Black, Block, Boe, Bolz, Cannon,
Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Ellsworth,
Field(18), Field(23), Gagner, Garrett, Henbest, Jaquet, Jones,
Langhorst, Martinez, Meyer, Miller, Mitchell, Naccarato, Ridinger,
Ring, Ringo, Robison, Sayler, Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Stevenson, Tilman, Wills
NAYS -- Barraclough, Barrett, Bauer, Bedke, Bradford, Crow, Eberle,
Harwood, Kulczyk, Lake, Langford, McGeachin McKague, Moyle, Nielsen,
Raybould, Roberts, Rydalch, Sali, Schaefer, Wood
Absent and excused -- Campbell, Clark, Eskridge, Kellogg, Shepherd,
Smith(24), Trail, Mr. Speaker
Floor Sponsor - Henbest
Title apvd - to Senate
03/24 Senate intro - 1st rdg - to Health/Wel
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
04/02 3rd rdg - PASSED - 33-2-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk
NAYS -- Burtenshaw, Williams
Absent and excused -- None
Floor Sponsor - Kennedy
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed
04/07 Pres signed
04/08 To Governor
04/14 Governor signed
Session Law Chapter 279
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 167
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE FOR CASES INVOLVING DISABILITY AND TO MAKE TECHNICAL CORRECTIONS;
4 AMENDING SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SEC-
5 TION 16-1603, IDAHO CODE, TO REVISE JURISDICTIONAL CRITERIA; AMENDING SEC-
6 TION 16-1608, IDAHO CODE, TO PROVIDE FOR THE INTRODUCTION OF CERTAIN EVI-
7 DENCE BY PARENTS OR GUARDIANS WITH DISABILITIES, TO REVISE REQUIREMENTS
8 RELATING TO WRITTEN FINDINGS OF THE COURT AND TO PROVIDE CORRECT CODE REF-
9 ERENCES; AMENDING SECTION 16-1609, IDAHO CODE, TO REVISE CERTAIN REPORTING
10 REQUIREMENTS OF THE DEPARTMENT OF HEALTH AND WELFARE AND ITS AUTHORIZED
11 REPRESENTATIVES; AMENDING SECTION 16-1609A, IDAHO CODE, TO PROVIDE THAT
12 PERSONS KNOWLEDGEABLE ABOUT ADAPTIVE EQUIPMENT AND SUPPORTIVE SERVICES FOR
13 PARENTS OR GUARDIANS WITH DISABILITIES MAY PARTICIPATE IN CERTAIN INVESTI-
14 GATIONS AND TO REVISE WRITTEN PROTOCOL CRITERIA FOR CERTAIN INVESTIGATIONS
15 AND INTERVIEWS; AMENDING SECTION 16-1610, IDAHO CODE, TO REVISE REQUIRE-
16 MENTS RELATING TO CASE PLANS AND TO PROVIDE A CORRECT CODE REFERENCE; AND
17 AMENDING SECTION 16-1615, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.
18 Be It Enacted by the Legislature of the State of Idaho:
19 SECTION 1. That Section 16-1601, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 16-1601. POLICY. The policy of the state of Idaho is hereby declared to
22 be the establishment of a legal framework conducive to the judicial processing
23 including periodic review of child abuse, abandonment and neglect cases, and
24 the protection of any children whose life, health or welfare is endangered. At
25 all times the health and safety of the child shall be the primary concern.
26 Each child coming within the purview of this chapter shall receive, preferably
27 in his own home, the care, guidance and control that will promote his welfare
28 and the best interest of the state of Idaho, and if he is removed from the
29 control of one (1) or more of his parents, guardian or other custodian, the
30 state shall secure adequate care for him; provided, however, that the state of
31 Idaho shall, to the fullest extent possible, seek to preserve, protect,
32 enhance and reunite the family relationship. Nothing in this chapter shall be
33 construed to allow discrimination on the basis of disability. In cases involv-
34 ing a parent or guardian with a disability, assessments under this chapter
35 shall take into account the use of adaptive equipment and supportive services
36 and shall be conducted by, or with the assistance of, one (1) or more individ-
37 uals, who possess a combination of experience, training, expertise and knowl-
38 edge in the use of such equipment and services. This chapter seeks to coordi-
39 nate efforts by state and local public agencies, in cooperation with private
40 agencies and organizations, citizens' groups, and concerned individuals, to:
41 (1) Preserve the privacy and unity of the family whenever possible;
42 (2) Take such actions as may be necessary and feasible to prevent the
43 abuse, neglect, abandonment or homelessness of children;
2
1 (3) Take such actions as may be necessary to provide the child with per-
2 manency including concurrent planning;
3 (4) Clarify for the purposes of this act the rights and responsibilities
4 of parents with joint legal or joint physical custody of children at risk.
5 SECTION 2. That Section 16-1602, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 16-1602. DEFINITIONS. For purposes of this chapter:
8 (1) "Abused" means any case in which a child has been the victim of:
9 (a) Conduct or omission resulting in skin bruising, bleeding, malnutri-
10 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell-
11 ing, failure to thrive or death, and such condition or death is not justi-
12 fiably explained, or where the history given concerning such condition or
13 death is at variance with the degree or type of such condition or death,
14 or the circumstances indicate that such condition or death may not be the
15 product of an accidental occurrence; or
16 (b) Sexual conduct, including rape, molestation, incest, prostitution,
17 obscene or pornographic photographing, filming or depiction for commercial
18 purposes, or other similar forms of sexual exploitation harming or threat-
19 ening the child's health or welfare or mental injury to the child.
20 (2) "Abandoned" means the failure of the parent to maintain a normal
21 parental relationship with his child including, but not limited to, reasonable
22 support or regular personal contact. Failure to maintain this relationship
23 without just cause for a period of one (1) year shall constitute prima facie
24 evidence of abandonment.
25 (3) "Adaptive equipment" means any piece of equipment or any item that is
26 used to increase, maintain or improve the parenting capabilities of a parent
27 with a disability.
28 (4) "Adjudicatory hearing" means a hearing to determine:
29 (a) Whether the child comes under the jurisdiction of the court pursuant
30 to the provisions of this chapter;
31 (b) Whether continuation of the child in the home would be contrary to
32 the child's welfare and whether the best interests of the child require
33 protective supervision or vesting legal custody of the child in an autho-
34 rized agency;
35 (c) Whether aggravated circumstances as defined in section 16-1608, Idaho
36 Code, exist.
37 (45) "Authorized agency" means the department, a local agency, a person,
38 an organization, corporation, benevolent society or association licensed or
39 approved by the department or the court to receive children for control, care,
40 maintenance or placement.
41 (56) "Child" means an individual who is under the age of eighteen (18)
42 years.
43 (67) "Child advocate coordinator" means a person or entity receiving
44 moneys from the grant administrator for the purpose of carrying out any of the
45 duties as set forth in section 16-1630, Idaho Code.
46 (78) "Circumstances of the child" includes, but is not limited to, the
47 joint legal custody or joint physical custody of the child.
48 (89) "Commit" means to transfer legal and physical custody.
49 (910) "Concurrent planning" means a planning model that prepares for and
50 implements different outcomes at the same time.
51 (101) "Court" means district court or magistrate's division thereof, or if
52 the context requires, a magistrate or judge thereof.
53 (112) "Custodian" means a person, other than a parent or legal guardian,
3
1 to whom legal or joint legal custody of the child has been given by court
2 order or who is acting in loco parentis.
3 (123) "Department" means the department of health and welfare and its
4 authorized representatives.
5 (14) "Disability" means, with respect to an individual, any mental or
6 physical impairment which substantially limits one (1) or more major life
7 activity of the individual including, but not limited to, self-care, manual
8 tasks, walking, seeing, hearing, speaking, learning or working, or a record of
9 such an impairment, or being regarded as having such an impairment. Disability
10 shall not include transvestism, transsexualism, pedophilia, exhibitionism,
11 voyeurism, other sexual behavior disorders, or substance use disorders, com-
12 pulsive gambling, kleptomania or pyromania. Sexual preference or orientation
13 is not considered an impairment or disability. Whether an impairment substan-
14 tially limits a major life activity shall be determined without consideration
15 of the effect of corrective or mitigating measures used to reduce the effects
16 of the impairment.
17 (135) "Family or household member" shall have the same meaning as in sec-
18 tion 39-6303(3), Idaho Code.
19 (146) "Foster care" means twenty-four (24) hour substitute care for chil-
20 dren placed away from their parents or guardians and for whom the state agency
21 has placement and care responsibility.
22 (157) "Grant administrator" means any such organization or agency as may
23 be designated by the supreme court from time to time to administer funds from
24 the guardian ad litem account in accordance with the provisions of this chap-
25 ter.
26 (168) "Guardian ad litem" means a person appointed by the court pursuant
27 to a guardian ad litem volunteer program to act as special advocate for a
28 child under this chapter.
29 (179) "Guardian ad litem program" means the program to recruit, train and
30 coordinate volunteer persons to serve as guardians ad litem for abused,
31 neglected or abandoned children.
32 (20) "Homeless," as used in this chapter, shall mean that the child is
33 without adequate shelter or other living facilities, and the lack of such
34 shelter or other living facilities poses a threat to the health, safety or
35 well-being of the child.
36 (1821) "Law enforcement agency" means a city police department, the prose-
37 cuting attorney of any county, state law enforcement officers, or the office
38 of a sheriff of any county.
39 (1922) "Legal custody" means a relationship created by order of the court,
40 which vests in a custodian the following duties and rights:
41 (a) To have physical custody and control of the child, and to determine
42 where and with whom the child shall live.
43 (b) To supply the child with food, clothing, shelter and incidental
44 necessities.
45 (c) To provide the child with care, education and discipline.
46 (d) To authorize ordinary medical, dental, psychiatric, psychological, or
47 other remedial care and treatment for the child, including care and treat-
48 ment in a facility with a program of services for children; and to autho-
49 rize surgery if the surgery is deemed by two (2) physicians licensed to
50 practice in this state to be necessary for the child.
51 (e) Where the parents share legal custody, the custodian may be vested
52 with the custody previously held by either or both parents.
53 (203) "Mental injury" means a substantial impairment in the intellectual
54 or psychological ability of a child to function within a normal range of per-
55 formance and/or behavior, for short or long terms.
4
1 (214) "Neglected" means a child:
2 (a) Who is without proper parental care and control, or subsistence, edu-
3 cation, medical or other care or control necessary for his well-being
4 because of the conduct or omission of his parents, guardian or other cus-
5 todian or their neglect or refusal to provide them; provided, however, no
6 child whose parent or guardian chooses for such child treatment by prayers
7 through spiritual means alone in lieu of medical treatment, shall be
8 deemed for that reason alone to be neglected or lack parental care neces-
9 sary for his health and well-being, but further provided this subsection
10 shall not prevent the court from acting pursuant to section 16-1616, Idaho
11 Code; or
12 (b) Whose parents, guardian or other custodian are unable failing to dis-
13 charge their responsibilities to and for the child because of incarcera-
14 tion, hospitalization, or other physical or mental incapacity and, as a
15 result of such failure, the child lacks the parental care necessary for
16 his health, safety or well-being; or
17 (c) Who has been placed for care or adoption in violation of law.
18 (225) "Permanency hearing" means a hearing to review, approve, reject or
19 modify the permanency plan of the department, and review reasonable efforts in
20 accomplishing the permanency plan.
21 (236) "Permanency plan" means a plan for a continuous residence and main-
22 tenance of nurturing relationships during the child's minority.
23 (247) "Planning hearing" means a hearing to:
24 (a) Review, approve, modify or reject the case plan; and
25 (b) Review reasonable efforts being made to rehabilitate the family; and
26 (c) Review reasonable efforts being made to reunify the children with a
27 parent or guardian.
28 (258) "Protective order" means an order created by the court granting
29 relief as delineated in section 39-6306, Idaho Code, and shall be for a period
30 not to exceed three (3) months unless otherwise stated herein. Failure to com-
31 ply with the order shall be a misdemeanor.
32 (269) "Protective supervision" means a legal status created by court order
33 in neglect and abuse cases whereby the child is permitted to remain in his
34 home under supervision by the department.
35 (2730) "Residual parental rights and responsibilities" means those rights
36 and responsibilities remaining with the parents after the transfer of legal
37 custody including, but not necessarily limited to, the right of visitation,
38 the right to consent to adoption, the right to determine religious affilia-
39 tion, the right to family counseling when beneficial, and the responsibility
40 for support.
41 (2831) "Shelter care" means places designated by the department for tempo-
42 rary care of children pending court disposition or placement.
43 (32) "Supportive services," as used in this chapter, shall mean services
44 which assist parents with a disability to compensate for those aspects of
45 their disability which affect their ability to care for their child and which
46 will enable them to discharge their parental responsibilities. The term
47 includes specialized or adapted training, evaluations or assistance with
48 effectively using adaptive equipment and accommodations which allow parents
49 with a disability to benefit from other services including, but not limited
50 to, Braille texts or sign language interpreters.
51 SECTION 3. That Section 16-1603, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided
5
1 herein, the court shall have exclusive original jurisdiction in all proceed-
2 ings under this chapter concerning any child living or found within the state:
3 (a) Who is neglected, abused or abandoned by his parents, guardian or
4 other legal custodian, or who is homeless; or
5 (b) Whose parents or other legal custodian fails or is unable to provide
6 a stable home environment.
7 (2) If the court has taken jurisdiction over a child under subsection (1)
8 of this section, it may take jurisdiction over another child living or having
9 custodial visitation in the same household without the filing of a separate
10 petition if it finds all of the following:
11 (a) The other child is living or is found within the state;
12 (b) The other child has been exposed to or is at risk of being a victim
13 of abuse, neglect or abandonment;
14 (c) The other child is listed in the petition or amended petition;
15 (d) The parents or legal guardians of the other child have notice as pro-
16 vided in section 16-1606, Idaho Code.
17 SECTION 4. That Section 16-1608, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 16-1608. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
20 When a petition has been filed, the court shall set an adjudicatory hearing to
21 be held no later than thirty (30) days after the filing of the petition.
22 (b) A pretrial conference shall be held outside the presence of the court
23 within three (3) to five (5) days before the adjudicatory hearing. Investiga-
24 tive reports required under section 16-1609, Idaho Code, shall be delivered to
25 the court with copies to each of the parents and other legal custodians,
26 guardian ad litem and attorney for the child prior to the date set for the
27 pretrial conference.
28 (c) At the adjudicatory hearing, parents or guardians with disabilities
29 shall have the right to introduce admissible evidence regarding how use of
30 adaptive equipment or supportive services may enable the parent or guardian to
31 carry out the responsibilities of parenting the child by addressing the reason
32 for the removal of the child.
33 (d) If a preponderance of the evidence at the adjudicatory hearing shows
34 that the child comes within the court's jurisdiction under this chapter upon
35 the grounds set forth in section 16-1603, Idaho Code, the court shall so
36 decree and in its decree shall make a finding on the record of the facts and
37 conclusions of law upon which it exercises jurisdiction over the child.
38 (de) Upon entering its decree the court shall consider any information
39 relevant to the disposition of the child but in any event shall:
40 (1) Place the child under protective supervision in his own home for an
41 indeterminate period not to exceed the child's eighteenth birthday; or
42 (2) Vest legal custody in the department or other authorized agency sub-
43 ject to residual parental rights and subject to full judicial review by
44 the court of all matters relating to the custody of the child by the
45 department or other authorized agency.
46 (ef) If the court vests legal custody in the department or other autho-
47 rized agency, the court shall make detailed written findings based on facts in
48 the record, that, in addition to the findings required in subsection (cd) of
49 this section, continuation of residence in the home would be contrary to the
50 welfare of the child and that vesting legal custody with the department or
51 other authorized agency would be in the best interests of the child. In addi-
52 tion the court shall make detailed written findings based on facts in the
53 record as to whether the department made reasonable efforts to prevent the
6
1 placement of the child in foster care, including findings, when appropriate,
2 that:
3 (1) Reasonable efforts were made but were not successful in eliminating
4 the need for foster care placement of the child;
5 (2) Reasonable efforts were not made because of immediate danger to the
6 child;
7 (3) Reasonable efforts to temporarily place the child with related per-
8 sons were made but were not successful; or
9 (4) Reasonable efforts were not required as the parent had subjected the
10 child to aggravated circumstances as determined by the court including,
11 but not limited to: abandonment; torture; chronic abuse; sexual abuse;
12 committed murder; committed voluntary manslaughter; aided or abetted,
13 attempted, conspired or solicited to commit such a murder or voluntary
14 manslaughter; committed a felony assault that results in serious bodily
15 injury to any child of the parent; or the parental rights of the parent to
16 a sibling have been terminated involuntarily and that as a result, a hear-
17 ing to determine the permanent future plan for this child will be held
18 within thirty (30) days of this determination;
19 (5) In the case of a parent or guardian with a disability, reasonable
20 efforts include the consideration of adaptive equipment or supportive ser-
21 vices that may enable the parent to remedy the reasons for removal of the
22 child;
23 (6) Where it is determined that a parent or guardian with a disability
24 needs the assistance of adaptive equipment or supportive services to
25 remedy the reasons for removal of the child, an appropriate eligibility
26 determination or referral was made, as long as it does not:
27 (i) Put the child at risk of further abuse, neglect or abandonment;
28 (ii) Result in the department or a supportive service provider
29 assuming the role of a surrogate parent; or
30 (iii) Result in the violation of permanency planning requirements of
31 section 16-1611, Idaho Code; or
32 (7) In the case of a parent or guardian with a disability, any adaptive
33 equipment or supportive services identified as needed must be directly
34 related to the ability of the parent or guardian to remedy the identified
35 reasons for the removal of the child.
36 (fg) A decree vesting legal custody in the department shall be binding
37 upon the department and may continue until the child's eighteenth birthday.
38 The decree shall state that the department shall prepare a written case plan
39 within thirty (30) days of placement.
40 (gh) A decree vesting legal custody in an authorized agency other than
41 the department shall be for a period of time not to exceed the child's eigh-
42 teenth birthday, and on such other terms as the court shall state in its
43 decree to be in the best interests of the child and which the court finds to
44 be acceptable to such authorized agency.
45 (hi) In order to preserve the unity of the family system and to ensure
46 the best interests of the child whether issuing an order of protective super-
47 vision or an order of legal custody, the court may consider extending or ini-
48 tiating a protective order as part of the decree. The protective order shall
49 be determined as in the best interests of the child and upon a showing of con-
50 tinuing danger to the child. The conditions and terms of the protective order
51 shall be clearly stated in the decree.
52 (ij) If the court does not find that the child comes within the jurisdic-
53 tion of this chapter pursuant to subsection (cd) of this section it shall dis-
54 miss the petition.
7
1 SECTION 5. That Section 16-1609, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 16-1609. INVESTIGATION. (a) Where the court has ordered an adjudicatory
4 hearing after the shelter care hearing or when a petition is otherwise filed,
5 the court may order the department to investigate the circumstances of the
6 child and his family and report to the court.
7 (b) The report shall be delivered to the court with copies to each of the
8 parents or other legal custodian prior to the pretrial conference for the
9 adjudicatory hearing. If delivered by mail the report must be received by the
10 court prior to the pretrial conference for the adjudicatory hearing. The
11 report shall contain a social evaluation of the child and the parents or other
12 legal custodian and such other information as the court shall require. In the
13 case of parents or guardians with disabilities, the report shall also contain
14 an evaluation of the need of the parent or guardian for adaptive equipment or
15 supportive services as defined in section 16-1602, Idaho Code, which may
16 remedy the reasons for removal of the child.
17 (c) The report shall not be considered by the court for purposes of
18 determining whether the child comes within the jurisdiction of the act. The
19 report may be admitted into evidence at the adjudicatory hearing for other
20 purposes.
21 (d) If the court declines to order the department to investigate pursuant
22 to subsection (a) of this section, the court shall state the reasons for so
23 declining in the record.
24 SECTION 6. That Section 16-1609A, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 16-1609A. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January 1,
27 1997, the prosecuting attorney in each county shall be responsible for the
28 development of an interagency multidisciplinary team or teams for investiga-
29 tion of child abuse and neglect referrals within each county. The teams shall
30 consist of, but not be limited to, law enforcement personnel, department of
31 health and welfare child protection risk assessment staff, a representative of
32 the prosecuting attorney's office, and any other person deemed to be necessary
33 due to his special training in child abuse investigation. Other persons may
34 participate in investigation of particular cases at the invitation of the team
35 and as determined necessary, such as medical personnel, school officials, men-
36 tal health workers, personnel from domestic violence programs, persons
37 knowledgeable about adaptive equipment and supportive services for parents or
38 guardians with disabilities or the guardian ad litem program.
39 (2) The teams shall develop a written protocol for investigation of child
40 abuse cases and for interviewing alleged victims of such abuse or neglect,
41 including protocols for investigations involving a family member with a dis-
42 ability. Each team shall develop written agreements signed by member agencies,
43 specifying the role of each agency, procedures to be followed to assess risks
44 to the child and criteria and procedures to be followed to ensure the child
45 victim's safety including removal of the alleged offender.
46 (3) Each team member shall be trained in risk assessment, dynamics of
47 child abuse and interviewing and investigatory techniques.
48 (4) Each team shall classify, assess and review a representative selec-
49 tion of cases referred to either the department or to law enforcement entities
50 for investigation of child abuse or neglect.
51 (5) Each multidisciplinary team shall develop policies that provide for
52 an independent review of investigation procedures utilized in cases upon com-
8
1 pletion of any court actions on those cases. The procedures shall include
2 independent citizen input. Nonoffending parents of child abuse victims shall
3 be notified of the review procedure.
4 (6) Prosecuting attorneys of the various counties may determine that
5 multidisciplinary teams may be most effectively established through the use of
6 joint exercise of powers agreements among more than one (1) county and such
7 agreements are hereby authorized.
8 (7) Lack of review by a multidisciplinary team of a particular case does
9 not defeat the jurisdiction of the court.
10 SECTION 7. That Section 16-1610, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 16-1610. PLANNING HEARING. (a) The department shall prepare a written
13 case plan. The case plan shall be filed with the court no later than sixty
14 (60) days from the date the child was removed from the home or thirty (30)
15 days after the adjudicatory hearing, whichever occurs first. Copies of the
16 case plan shall be delivered to the parents and other legal guardians, the
17 guardian ad litem and attorney for the child. Within five (5) days of filing
18 the plan, the court shall hold a planning hearing to determine whether to
19 adopt, reject or modify the case plan proposed by the department.
20 (b) Notice of the planning hearing shall be provided to the parents,
21 legal guardians, guardians ad litem and foster parents. Although foster par-
22 ents are provided notice of this hearing, they are not parties to the child
23 protective act action.
24 (c) The case plan shall set forth reasonable efforts, as required by sec-
25 tion 16-1608(f), Idaho Code, including those efforts related to the use of
26 adaptive equipment and supportive services for parents and guardians with dis-
27 abilities, which will be made to make it possible for the child to return to
28 his home and shall concurrently include a plan setting forth reasonable
29 efforts to place the child for adoption with a legal guardian or in another
30 approved permanent placement. Whenever possible, the child's connections to
31 the community, including individuals with a significant relationship to the
32 child, religious organizations and community activities, will be maintained
33 through the transition. The plan shall state with specificity the role of the
34 department toward each parent and shall be for an indeterminate period not to
35 exceed the child's eighteenth birthday.
36 (d) The case plan, as approved by the court, shall be entered into the
37 record as an order of the court. In the absence of a finding of aggravated
38 circumstances as provided for in section 16-1608(ef)(4), Idaho Code, the
39 court's order shall provide that reasonable efforts shall be made to reunify
40 the family in a timely manner in accordance with the case plan or in the
41 alternative to complete the steps necessary to finalize the permanent place-
42 ment of the child.
43 SECTION 8. That Section 16-1615, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been
46 placed in the legal custody of the department or under its protective supervi-
47 sion pursuant to section 16-1608, Idaho Code, the department may petition the
48 court for termination of the parent and child relationship in accordance with
49 chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
50 not be in the best interest of the child, the department shall be required to
51 file a petition to terminate parental rights within sixty (60) days of a judi-
9
1 cial determination that an infant has been abandoned or that reasonable
2 efforts, as defined in section 16-1608(ef), Idaho Code, are not required
3 because the court determines the parent has been convicted of murder or volun-
4 tary manslaughter of another sibling of the child or has aided, abetted,
5 attempted, conspired or solicited to commit such murder or voluntary man-
6 slaughter and/or if the court determines the parent has been convicted of a
7 felony assault or battery which resulted in serious bodily injury to the child
8 or a sibling. The department shall join as a party to the petition if such a
9 petition to terminate is filed by another party; as well as to concurrently
10 identify, recruit, process and approve a qualified family for adoption unless
11 it is determined that such actions would not be in the best interest of the
12 child, or the child is placed with a relative. If termination of parental
13 rights is granted and the child is placed in the guardianship or legal custody
14 of the department of health and welfare the court, upon petition, shall con-
15 duct a hearing as to the future status of the child within twelve (12) months
16 of the order of termination of parental rights, and every twelve (12) months
17 subsequently until the child is adopted or is in a placement sanctioned by the
18 court. A petition to terminate parental rights shall be filed as a motion in
19 the existing child protective action.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Henbest
Seconded by Martinez
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 167
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 33, delete "In cases involv-",
3 delete lines 34 through 37, and in line 38, delete "edge in the use of such
4 equipment and services.".
5 AMENDMENTS TO SECTION 2
6 On page 4, in line 12, delete "unable failing" and insert: "unable"; and
7 in line 15, delete "failure" and insert: "inability".
8 AMENDMENTS TO SECTION 4
9 On page 6, in line 8, delete "or" and insert: "or"; in line 18, delete ";"
10 and insert: "."; and delete lines 19 through 35.
11 AMENDMENTS TO SECTION 7
12 On page 8, in line 24, delete ", as required by sec-"; delete lines 25 and
13 26, and in line 27, delete "abilities,".
14 AMENDMENTS TO THE BILL
15 On page 7, delete lines 1 through 23; and in line 24, delete "SECTION 6"
16 and insert: "SECTION 5"; and on page 8, in line 10, delete "SECTION 7" and
17 insert: "SECTION 6"; and in line 43, delete "SECTION 8" and insert: "SECTION
18 7".
19 CORRECTIONS TO TITLE
20 On page 1, in line 3, delete "FOR CASES INVOLVING" and insert: "THAT DES-
21 IGNATED PROVISIONS SHALL NOT BE CONSTRUED TO ALLOW DISCRIMINATION ON THE BASIS
22 OF"; in line 7, delete ", TO REVISE REQUIREMENTS"; in line 8, delete "RELATING
23 TO WRITTEN FINDINGS OF THE COURT"; in line 9, delete "AMENDING SECTION
24 16-1609, IDAHO CODE, TO REVISE CERTAIN REPORTING", delete line 10, in line 11,
25 delete "REPRESENTATIVES;"; in line 15, delete "TO REVISE REQUIRE-", and in
26 line 16, delete "MENTS RELATING TO CASE PLANS AND".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 167, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE THAT DESIGNATED PROVISIONS SHALL NOT BE CONSTRUED TO ALLOW DIS-
4 CRIMINATION ON THE BASIS OF DISABILITY AND TO MAKE TECHNICAL CORRECTIONS;
5 AMENDING SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SEC-
6 TION 16-1603, IDAHO CODE, TO REVISE JURISDICTIONAL CRITERIA; AMENDING SEC-
7 TION 16-1608, IDAHO CODE, TO PROVIDE FOR THE INTRODUCTION OF CERTAIN EVI-
8 DENCE BY PARENTS OR GUARDIANS WITH DISABILITIES AND TO PROVIDE CORRECT
9 CODE REFERENCES; AMENDING SECTION 16-1609A, IDAHO CODE, TO PROVIDE THAT
10 PERSONS KNOWLEDGEABLE ABOUT ADAPTIVE EQUIPMENT AND SUPPORTIVE SERVICES FOR
11 PARENTS OR GUARDIANS WITH DISABILITIES MAY PARTICIPATE IN CERTAIN INVESTI-
12 GATIONS AND TO REVISE WRITTEN PROTOCOL CRITERIA FOR CERTAIN INVESTIGATIONS
13 AND INTERVIEWS; AMENDING SECTION 16-1610, IDAHO CODE, TO PROVIDE A CORRECT
14 CODE REFERENCE; AND AMENDING SECTION 16-1615, IDAHO CODE, TO PROVIDE A
15 CORRECT CODE REFERENCE.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 16-1601, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 16-1601. POLICY. The policy of the state of Idaho is hereby declared to
20 be the establishment of a legal framework conducive to the judicial processing
21 including periodic review of child abuse, abandonment and neglect cases, and
22 the protection of any children whose life, health or welfare is endangered. At
23 all times the health and safety of the child shall be the primary concern.
24 Each child coming within the purview of this chapter shall receive, preferably
25 in his own home, the care, guidance and control that will promote his welfare
26 and the best interest of the state of Idaho, and if he is removed from the
27 control of one (1) or more of his parents, guardian or other custodian, the
28 state shall secure adequate care for him; provided, however, that the state of
29 Idaho shall, to the fullest extent possible, seek to preserve, protect,
30 enhance and reunite the family relationship. Nothing in this chapter shall be
31 construed to allow discrimination on the basis of disability. This chapter
32 seeks to coordinate efforts by state and local public agencies, in cooperation
33 with private agencies and organizations, citizens' groups, and concerned indi-
34 viduals, to:
35 (1) Preserve the privacy and unity of the family whenever possible;
36 (2) Take such actions as may be necessary and feasible to prevent the
37 abuse, neglect, abandonment or homelessness of children;
38 (3) Take such actions as may be necessary to provide the child with per-
39 manency including concurrent planning;
40 (4) Clarify for the purposes of this act the rights and responsibilities
41 of parents with joint legal or joint physical custody of children at risk.
42 SECTION 2. That Section 16-1602, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 16-1602. DEFINITIONS. For purposes of this chapter:
3 (1) "Abused" means any case in which a child has been the victim of:
4 (a) Conduct or omission resulting in skin bruising, bleeding, malnutri-
5 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell-
6 ing, failure to thrive or death, and such condition or death is not justi-
7 fiably explained, or where the history given concerning such condition or
8 death is at variance with the degree or type of such condition or death,
9 or the circumstances indicate that such condition or death may not be the
10 product of an accidental occurrence; or
11 (b) Sexual conduct, including rape, molestation, incest, prostitution,
12 obscene or pornographic photographing, filming or depiction for commercial
13 purposes, or other similar forms of sexual exploitation harming or threat-
14 ening the child's health or welfare or mental injury to the child.
15 (2) "Abandoned" means the failure of the parent to maintain a normal
16 parental relationship with his child including, but not limited to, reasonable
17 support or regular personal contact. Failure to maintain this relationship
18 without just cause for a period of one (1) year shall constitute prima facie
19 evidence of abandonment.
20 (3) "Adaptive equipment" means any piece of equipment or any item that is
21 used to increase, maintain or improve the parenting capabilities of a parent
22 with a disability.
23 (4) "Adjudicatory hearing" means a hearing to determine:
24 (a) Whether the child comes under the jurisdiction of the court pursuant
25 to the provisions of this chapter;
26 (b) Whether continuation of the child in the home would be contrary to
27 the child's welfare and whether the best interests of the child require
28 protective supervision or vesting legal custody of the child in an autho-
29 rized agency;
30 (c) Whether aggravated circumstances as defined in section 16-1608, Idaho
31 Code, exist.
32 (45) "Authorized agency" means the department, a local agency, a person,
33 an organization, corporation, benevolent society or association licensed or
34 approved by the department or the court to receive children for control, care,
35 maintenance or placement.
36 (56) "Child" means an individual who is under the age of eighteen (18)
37 years.
38 (67) "Child advocate coordinator" means a person or entity receiving
39 moneys from the grant administrator for the purpose of carrying out any of the
40 duties as set forth in section 16-1630, Idaho Code.
41 (78) "Circumstances of the child" includes, but is not limited to, the
42 joint legal custody or joint physical custody of the child.
43 (89) "Commit" means to transfer legal and physical custody.
44 (910) "Concurrent planning" means a planning model that prepares for and
45 implements different outcomes at the same time.
46 (101) "Court" means district court or magistrate's division thereof, or if
47 the context requires, a magistrate or judge thereof.
48 (112) "Custodian" means a person, other than a parent or legal guardian,
49 to whom legal or joint legal custody of the child has been given by court
50 order or who is acting in loco parentis.
51 (123) "Department" means the department of health and welfare and its
52 authorized representatives.
53 (14) "Disability" means, with respect to an individual, any mental or
54 physical impairment which substantially limits one (1) or more major life
3
1 activity of the individual including, but not limited to, self-care, manual
2 tasks, walking, seeing, hearing, speaking, learning or working, or a record of
3 such an impairment, or being regarded as having such an impairment. Disability
4 shall not include transvestism, transsexualism, pedophilia, exhibitionism,
5 voyeurism, other sexual behavior disorders, or substance use disorders, com-
6 pulsive gambling, kleptomania or pyromania. Sexual preference or orientation
7 is not considered an impairment or disability. Whether an impairment substan-
8 tially limits a major life activity shall be determined without consideration
9 of the effect of corrective or mitigating measures used to reduce the effects
10 of the impairment.
11 (135) "Family or household member" shall have the same meaning as in sec-
12 tion 39-6303(3), Idaho Code.
13 (146) "Foster care" means twenty-four (24) hour substitute care for chil-
14 dren placed away from their parents or guardians and for whom the state agency
15 has placement and care responsibility.
16 (157) "Grant administrator" means any such organization or agency as may
17 be designated by the supreme court from time to time to administer funds from
18 the guardian ad litem account in accordance with the provisions of this chap-
19 ter.
20 (168) "Guardian ad litem" means a person appointed by the court pursuant
21 to a guardian ad litem volunteer program to act as special advocate for a
22 child under this chapter.
23 (179) "Guardian ad litem program" means the program to recruit, train and
24 coordinate volunteer persons to serve as guardians ad litem for abused,
25 neglected or abandoned children.
26 (20) "Homeless," as used in this chapter, shall mean that the child is
27 without adequate shelter or other living facilities, and the lack of such
28 shelter or other living facilities poses a threat to the health, safety or
29 well-being of the child.
30 (1821) "Law enforcement agency" means a city police department, the prose-
31 cuting attorney of any county, state law enforcement officers, or the office
32 of a sheriff of any county.
33 (1922) "Legal custody" means a relationship created by order of the court,
34 which vests in a custodian the following duties and rights:
35 (a) To have physical custody and control of the child, and to determine
36 where and with whom the child shall live.
37 (b) To supply the child with food, clothing, shelter and incidental
38 necessities.
39 (c) To provide the child with care, education and discipline.
40 (d) To authorize ordinary medical, dental, psychiatric, psychological, or
41 other remedial care and treatment for the child, including care and treat-
42 ment in a facility with a program of services for children; and to autho-
43 rize surgery if the surgery is deemed by two (2) physicians licensed to
44 practice in this state to be necessary for the child.
45 (e) Where the parents share legal custody, the custodian may be vested
46 with the custody previously held by either or both parents.
47 (203) "Mental injury" means a substantial impairment in the intellectual
48 or psychological ability of a child to function within a normal range of per-
49 formance and/or behavior, for short or long terms.
50 (214) "Neglected" means a child:
51 (a) Who is without proper parental care and control, or subsistence, edu-
52 cation, medical or other care or control necessary for his well-being
53 because of the conduct or omission of his parents, guardian or other cus-
54 todian or their neglect or refusal to provide them; provided, however, no
55 child whose parent or guardian chooses for such child treatment by prayers
4
1 through spiritual means alone in lieu of medical treatment, shall be
2 deemed for that reason alone to be neglected or lack parental care neces-
3 sary for his health and well-being, but further provided this subsection
4 shall not prevent the court from acting pursuant to section 16-1616, Idaho
5 Code; or
6 (b) Whose parents, guardian or other custodian are unable to discharge
7 their responsibilities to and for the child because of incarceration, hos-
8 pitalization, or other physical or mental incapacity and, as a result of
9 such inability, the child lacks the parental care necessary for his
10 health, safety or well-being; or
11 (c) Who has been placed for care or adoption in violation of law.
12 (225) "Permanency hearing" means a hearing to review, approve, reject or
13 modify the permanency plan of the department, and review reasonable efforts in
14 accomplishing the permanency plan.
15 (236) "Permanency plan" means a plan for a continuous residence and main-
16 tenance of nurturing relationships during the child's minority.
17 (247) "Planning hearing" means a hearing to:
18 (a) Review, approve, modify or reject the case plan; and
19 (b) Review reasonable efforts being made to rehabilitate the family; and
20 (c) Review reasonable efforts being made to reunify the children with a
21 parent or guardian.
22 (258) "Protective order" means an order created by the court granting
23 relief as delineated in section 39-6306, Idaho Code, and shall be for a period
24 not to exceed three (3) months unless otherwise stated herein. Failure to com-
25 ply with the order shall be a misdemeanor.
26 (269) "Protective supervision" means a legal status created by court order
27 in neglect and abuse cases whereby the child is permitted to remain in his
28 home under supervision by the department.
29 (2730) "Residual parental rights and responsibilities" means those rights
30 and responsibilities remaining with the parents after the transfer of legal
31 custody including, but not necessarily limited to, the right of visitation,
32 the right to consent to adoption, the right to determine religious affilia-
33 tion, the right to family counseling when beneficial, and the responsibility
34 for support.
35 (2831) "Shelter care" means places designated by the department for tempo-
36 rary care of children pending court disposition or placement.
37 (32) "Supportive services," as used in this chapter, shall mean services
38 which assist parents with a disability to compensate for those aspects of
39 their disability which affect their ability to care for their child and which
40 will enable them to discharge their parental responsibilities. The term
41 includes specialized or adapted training, evaluations or assistance with
42 effectively using adaptive equipment and accommodations which allow parents
43 with a disability to benefit from other services including, but not limited
44 to, Braille texts or sign language interpreters.
45 SECTION 3. That Section 16-1603, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided
48 herein, the court shall have exclusive original jurisdiction in all proceed-
49 ings under this chapter concerning any child living or found within the state:
50 (a) Who is neglected, abused or abandoned by his parents, guardian or
51 other legal custodian, or who is homeless; or
52 (b) Whose parents or other legal custodian fails or is unable to provide
53 a stable home environment.
5
1 (2) If the court has taken jurisdiction over a child under subsection (1)
2 of this section, it may take jurisdiction over another child living or having
3 custodial visitation in the same household without the filing of a separate
4 petition if it finds all of the following:
5 (a) The other child is living or is found within the state;
6 (b) The other child has been exposed to or is at risk of being a victim
7 of abuse, neglect or abandonment;
8 (c) The other child is listed in the petition or amended petition;
9 (d) The parents or legal guardians of the other child have notice as pro-
10 vided in section 16-1606, Idaho Code.
11 SECTION 4. That Section 16-1608, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 16-1608. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
14 When a petition has been filed, the court shall set an adjudicatory hearing to
15 be held no later than thirty (30) days after the filing of the petition.
16 (b) A pretrial conference shall be held outside the presence of the court
17 within three (3) to five (5) days before the adjudicatory hearing. Investiga-
18 tive reports required under section 16-1609, Idaho Code, shall be delivered to
19 the court with copies to each of the parents and other legal custodians,
20 guardian ad litem and attorney for the child prior to the date set for the
21 pretrial conference.
22 (c) At the adjudicatory hearing, parents or guardians with disabilities
23 shall have the right to introduce admissible evidence regarding how use of
24 adaptive equipment or supportive services may enable the parent or guardian to
25 carry out the responsibilities of parenting the child by addressing the reason
26 for the removal of the child.
27 (d) If a preponderance of the evidence at the adjudicatory hearing shows
28 that the child comes within the court's jurisdiction under this chapter upon
29 the grounds set forth in section 16-1603, Idaho Code, the court shall so
30 decree and in its decree shall make a finding on the record of the facts and
31 conclusions of law upon which it exercises jurisdiction over the child.
32 (de) Upon entering its decree the court shall consider any information
33 relevant to the disposition of the child but in any event shall:
34 (1) Place the child under protective supervision in his own home for an
35 indeterminate period not to exceed the child's eighteenth birthday; or
36 (2) Vest legal custody in the department or other authorized agency sub-
37 ject to residual parental rights and subject to full judicial review by
38 the court of all matters relating to the custody of the child by the
39 department or other authorized agency.
40 (ef) If the court vests legal custody in the department or other autho-
41 rized agency, the court shall make detailed written findings based on facts in
42 the record, that, in addition to the findings required in subsection (cd) of
43 this section, continuation of residence in the home would be contrary to the
44 welfare of the child and that vesting legal custody with the department or
45 other authorized agency would be in the best interests of the child. In addi-
46 tion the court shall make detailed written findings based on facts in the
47 record as to whether the department made reasonable efforts to prevent the
48 placement of the child in foster care, including findings, when appropriate,
49 that:
50 (1) Reasonable efforts were made but were not successful in eliminating
51 the need for foster care placement of the child;
52 (2) Reasonable efforts were not made because of immediate danger to the
53 child;
6
1 (3) Reasonable efforts to temporarily place the child with related per-
2 sons were made but were not successful; or
3 (4) Reasonable efforts were not required as the parent had subjected the
4 child to aggravated circumstances as determined by the court including,
5 but not limited to: abandonment; torture; chronic abuse; sexual abuse;
6 committed murder; committed voluntary manslaughter; aided or abetted,
7 attempted, conspired or solicited to commit such a murder or voluntary
8 manslaughter; committed a felony assault that results in serious bodily
9 injury to any child of the parent; or the parental rights of the parent to
10 a sibling have been terminated involuntarily and that as a result, a hear-
11 ing to determine the permanent future plan for this child will be held
12 within thirty (30) days of this determination.
13 (fg) A decree vesting legal custody in the department shall be binding
14 upon the department and may continue until the child's eighteenth birthday.
15 The decree shall state that the department shall prepare a written case plan
16 within thirty (30) days of placement.
17 (gh) A decree vesting legal custody in an authorized agency other than
18 the department shall be for a period of time not to exceed the child's eigh-
19 teenth birthday, and on such other terms as the court shall state in its
20 decree to be in the best interests of the child and which the court finds to
21 be acceptable to such authorized agency.
22 (hi) In order to preserve the unity of the family system and to ensure
23 the best interests of the child whether issuing an order of protective super-
24 vision or an order of legal custody, the court may consider extending or ini-
25 tiating a protective order as part of the decree. The protective order shall
26 be determined as in the best interests of the child and upon a showing of con-
27 tinuing danger to the child. The conditions and terms of the protective order
28 shall be clearly stated in the decree.
29 (ij) If the court does not find that the child comes within the jurisdic-
30 tion of this chapter pursuant to subsection (cd) of this section it shall dis-
31 miss the petition.
32 SECTION 5. That Section 16-1609A, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 16-1609A. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January 1,
35 1997, the prosecuting attorney in each county shall be responsible for the
36 development of an interagency multidisciplinary team or teams for investiga-
37 tion of child abuse and neglect referrals within each county. The teams shall
38 consist of, but not be limited to, law enforcement personnel, department of
39 health and welfare child protection risk assessment staff, a representative of
40 the prosecuting attorney's office, and any other person deemed to be necessary
41 due to his special training in child abuse investigation. Other persons may
42 participate in investigation of particular cases at the invitation of the team
43 and as determined necessary, such as medical personnel, school officials, men-
44 tal health workers, personnel from domestic violence programs, persons
45 knowledgeable about adaptive equipment and supportive services for parents or
46 guardians with disabilities or the guardian ad litem program.
47 (2) The teams shall develop a written protocol for investigation of child
48 abuse cases and for interviewing alleged victims of such abuse or neglect,
49 including protocols for investigations involving a family member with a dis-
50 ability. Each team shall develop written agreements signed by member agencies,
51 specifying the role of each agency, procedures to be followed to assess risks
52 to the child and criteria and procedures to be followed to ensure the child
53 victim's safety including removal of the alleged offender.
7
1 (3) Each team member shall be trained in risk assessment, dynamics of
2 child abuse and interviewing and investigatory techniques.
3 (4) Each team shall classify, assess and review a representative selec-
4 tion of cases referred to either the department or to law enforcement entities
5 for investigation of child abuse or neglect.
6 (5) Each multidisciplinary team shall develop policies that provide for
7 an independent review of investigation procedures utilized in cases upon com-
8 pletion of any court actions on those cases. The procedures shall include
9 independent citizen input. Nonoffending parents of child abuse victims shall
10 be notified of the review procedure.
11 (6) Prosecuting attorneys of the various counties may determine that
12 multidisciplinary teams may be most effectively established through the use of
13 joint exercise of powers agreements among more than one (1) county and such
14 agreements are hereby authorized.
15 (7) Lack of review by a multidisciplinary team of a particular case does
16 not defeat the jurisdiction of the court.
17 SECTION 6. That Section 16-1610, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 16-1610. PLANNING HEARING. (a) The department shall prepare a written
20 case plan. The case plan shall be filed with the court no later than sixty
21 (60) days from the date the child was removed from the home or thirty (30)
22 days after the adjudicatory hearing, whichever occurs first. Copies of the
23 case plan shall be delivered to the parents and other legal guardians, the
24 guardian ad litem and attorney for the child. Within five (5) days of filing
25 the plan, the court shall hold a planning hearing to determine whether to
26 adopt, reject or modify the case plan proposed by the department.
27 (b) Notice of the planning hearing shall be provided to the parents,
28 legal guardians, guardians ad litem and foster parents. Although foster par-
29 ents are provided notice of this hearing, they are not parties to the child
30 protective act action.
31 (c) The case plan shall set forth reasonable efforts which will be made
32 to make it possible for the child to return to his home and shall concurrently
33 include a plan setting forth reasonable efforts to place the child for adop-
34 tion with a legal guardian or in another approved permanent placement. When-
35 ever possible, the child's connections to the community, including individuals
36 with a significant relationship to the child, religious organizations and com-
37 munity activities, will be maintained through the transition. The plan shall
38 state with specificity the role of the department toward each parent and shall
39 be for an indeterminate period not to exceed the child's eighteenth birthday.
40 (d) The case plan, as approved by the court, shall be entered into the
41 record as an order of the court. In the absence of a finding of aggravated
42 circumstances as provided for in section 16-1608(ef)(4), Idaho Code, the
43 court's order shall provide that reasonable efforts shall be made to reunify
44 the family in a timely manner in accordance with the case plan or in the
45 alternative to complete the steps necessary to finalize the permanent place-
46 ment of the child.
47 SECTION 7. That Section 16-1615, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 16-1615. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has been
50 placed in the legal custody of the department or under its protective supervi-
51 sion pursuant to section 16-1608, Idaho Code, the department may petition the
8
1 court for termination of the parent and child relationship in accordance with
2 chapter 20, title 16, Idaho Code. Unless there are compelling reasons it would
3 not be in the best interest of the child, the department shall be required to
4 file a petition to terminate parental rights within sixty (60) days of a judi-
5 cial determination that an infant has been abandoned or that reasonable
6 efforts, as defined in section 16-1608(ef), Idaho Code, are not required
7 because the court determines the parent has been convicted of murder or volun-
8 tary manslaughter of another sibling of the child or has aided, abetted,
9 attempted, conspired or solicited to commit such murder or voluntary man-
10 slaughter and/or if the court determines the parent has been convicted of a
11 felony assault or battery which resulted in serious bodily injury to the child
12 or a sibling. The department shall join as a party to the petition if such a
13 petition to terminate is filed by another party; as well as to concurrently
14 identify, recruit, process and approve a qualified family for adoption unless
15 it is determined that such actions would not be in the best interest of the
16 child, or the child is placed with a relative. If termination of parental
17 rights is granted and the child is placed in the guardianship or legal custody
18 of the department of health and welfare the court, upon petition, shall con-
19 duct a hearing as to the future status of the child within twelve (12) months
20 of the order of termination of parental rights, and every twelve (12) months
21 subsequently until the child is adopted or is in a placement sanctioned by the
22 court. A petition to terminate parental rights shall be filed as a motion in
23 the existing child protective action.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 12734C1
Families in which one or both parents have a disability face significant
barriers as they attempt to raise their children. These barriers include:
1) attitudinal barriers, 2) lack of information about parenting
adaptations, 3) lack of funding for adaptive technology, 4) exclusion from
public policy considerations, and 5) lack of disability expertise in
service systems.
Idaho child protection laws, as currently written, reflect the historical
bias against parents with disabilities and present an unrealistic view of
the disability community by their constant 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. It is seldom a person's disability that inhibits a person
s capacity to provide a stable and loving home for children, rather it is
a lack of disability related supports for a parent with a disability that
results in an unstable home
environment.
Many parents with significant disabilities provide excellent care and
stable homes for their children with the assistance of family, friends and
neighbors. Factors that should be considered in child protection cases
include abuse, neglect, abandonment, etc., regardless of whether the parent
has a disability. This legislation: 1) removes from current law any
inappropriate disability language and 2) builds into current law
protections against discriminatory actions because of a parents disability
in child protection legal proceedings.
Based on information provided by Through the Looking Glass, a National
Resource Center for Parents with Disabilities, there are over 8.1 million
U.S. families, or 10.9 percent of families with children, in which one or
both parents have a disability. Based on these figures, the proposed
legislation will have a positive impact on an estimated 14,750 Idaho
families.
FISCAL IMPACT
NONE
Contact
Name: Kelly Buckland, State Independent Living Council
Phone: 334-3800
STATEMENT OF PURPOSE/FISCAL IMPACT H 167