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H0160aa...............................................by HEALTH AND WELFARE
PARENTAL RIGHTS - Amends existing law to revise conditions under which a
court may terminate parental rights.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Jud
02/18 Rpt out - Ref'd to Health/Wel
03/03 Rpt out - to Gen Ord
03/05 Ret'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 - 42-24-4
AYES -- Andersen, Bell, Bieter, Black, Block, Boe, Bolz, Cannon,
Collins, Cuddy, Deal, Denney, Douglas, Edmunson, Field(18),
Field(23), Gagner, Garrett, Henbest, Jaquet, Jones, Langhorst,
Martinez, Meyer, Miller, Mitchell, Naccarato, Ridinger, Ring, Ringo,
Robison, Sayler, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Tilman, Trail, Wills
NAYS -- Barraclough, Barrett, Bauer, Bedke, Bradford, Clark, Eberle,
Ellsworth, Harwood, Kellogg, Kulczyk, Lake, Langford, McGeachin,
McKague, Moyle, Nielsen, Raybould, Roberts, Rydalch, Sali, Schaefer,
Stevenson, Wood
Absent and excused -- Campbell, Crow, Eskridge, 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
04/01 3rd rdg - PASSED - 32-3-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Roberts),
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Werk, Williams
NAYS -- Burtenshaw, Pearce, Sweet
Absent and excused -- None
Floor Sponsor - Ingram
Title apvd - to House
04/02 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed
04/07 To Governor
04/08 Governor signed
Session Law Chapter 260
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. 160
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO TERMINATION OF PARENTAL RIGHTS; AMENDING SECTION 16-2005, IDAHO
3 CODE, TO REVISE CONDITIONS UNDER WHICH THE COURT MAY TERMINATE PARENTAL
4 RIGHTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 16-2005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
9 grant an order terminating the relationship where it finds one (1) or more of
10 the following conditions exist:
11 a. The parent has abandoned the child by having willfully failed to main-
12 tain a normal parental relationship including, but not limited to, reasonable
13 support or regular personal contact; failure of the parent to maintain this
14 relationship without just cause for a period of one (1) year shall constitute
15 prima facie evidence of abandonment under this section. Provided further, that
16 where termination is sought by a grandparent seeking to adopt the child, will-
17 ful failure of the parent to maintain a normal parental relationship as pro-
18 vided herein, without just cause, for six (6) months shall constitute prima
19 facie evidence of abandonment.
20 b. The parent has neglected or abused the child. Neglect as used herein
21 shall mean a situation in which the child lacks parental care necessary for
22 his health, morals and well-being.
23 c. The presumptive parent is not the natural parent of the child.
24 d. The parent is unable failing to discharge parental responsibilities
25 because of mental illness or mental deficiency, and there are reasonable
26 grounds to believe the condition such a failure will continue for a prolonged
27 indeterminate period and will be injurious to the health, morals or well-being
28 of the child.
29 e. If termination is found to be in the best interest of the parent and
30 child, where the petition has been filed by a parent or through an authorized
31 agency, or interested party.
32 f. Where a consent to termination in the manner and form prescribed by
33 this act has been filed by the parent(s) of the child in conjunction with a
34 petition for adoption initiated by the person or persons proposing to adopt
35 the child, or where the consent to termination has been filed by a licensed
36 adoption agency, no subsequent hearing on the merits of the petition shall be
37 held. Consents required by this act must be witnessed by a district judge or
38 magistrate of a district court, or equivalent judicial officer of the state,
39 where a person consenting resides or is present, whether within or without the
40 county, and shall be substantially in the following form:
41 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
42 AND FOR THE COUNTY OF ....
43 In the Matter of the termination )
2
1 of the parental rights of )
2 ................... )
3 ................... )
4 I (we), the undersigned, being the .... of ...., do hereby give my (our)
5 full and free consent to the complete and absolute termination of my (our)
6 parental right(s), to the said ...., who was born ...., ...., unto ....,
7 hereby relinquishing completely and forever, all legal rights, privileges,
8 duties and obligations, including all rights of inheritance to and from the
9 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing
10 on the petition to terminate my (our) parental relationship with the said
11 ...., and respectfully request the petition be granted.
12 DATED: ...., 20...
13 ...................
14 STATE OF IDAHO )
15 ) ss.
16 COUNTY OF .... )
17 On this .... day of ...., 20.., before me, the undersigned ...., ....
18 (Judge or Magistrate) of the District Court of the .... Judicial District of
19 the state of Idaho, in and for the county of ...., personally appeared ....,
20 known to me (or proved to me on the oath of ....) to be the person(s) whose
21 name(s) is (are) subscribed to the within instrument, and acknowledged to me
22 that he (she, they) executed the same.
23 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
24 seal the day and year in this certificate first above written.
25 ...................... (District Judge or Magistrate)
26 The court shall accept a consent or a surrender and release executed in
27 another state if:
28 (1) It is witnessed by a magistrate or district judge of the state where
29 signed; or
30 (2) The court receives an affidavit or a certificate from a court of com-
31 parable jurisdiction stating that the consent or the surrender and release
32 was executed in accordance with the laws of the state in which it was exe-
33 cuted, or the court is satisfied by other showing that the consent or sur-
34 render and release was executed in accordance with the laws of the state
35 in which it was executed; or
36 (3) The court shall accept a termination or relinquishment from a sister
37 state that has been ordered by a court of competent jurisdiction under
38 like proceedings; or in any other manner authorized by the laws of a sis-
39 ter state. In a state where the father has failed to file notice of claim
40 to paternity and willingness to assume responsibility as provided for pur-
41 suant to the laws of such state, and where such failure constitutes an
42 abandonment of such child and constitutes a termination or relinquishment
43 of the rights of the putative father, the court shall accept such failure
44 as a termination in this state without further hearing on the merits, if
45 the court is satisfied that such failure constitutes a termination or
46 relinquishment of parental rights pursuant to the laws of that state.
47 g. Unless a consent to termination signed by the parent(s) of the child
48 has been filed by an adoption agency licensed in the state of Idaho, or unless
49 the consent to termination was filed in conjunction with a petition for adop-
50 tion of the child, the court shall hold a hearing.
51 h. The court may grant termination as to a parent:
52 (1) Who caused the child to be conceived as a result of rape, incest,
53 lewd conduct with a minor child under sixteen (16) years, or sexual abuse
54 of a child under the age of sixteen (16) years, as defined in section
55 16-2002 o., Idaho Code; or
3
1 (2) Who murdered or intentionally killed the other parent of the child;
2 or if the court determines the parent has been convicted of murder or vol-
3 untary manslaughter of another sibling of the child or has aided, abetted,
4 conspired or solicited to commit such murder or voluntary manslaughter
5 and/or if the court determines the parent has been convicted of a felony
6 assault or battery which resulted in serious bodily injury to the child or
7 a sibling; or
8 (3) Who has been incarcerated and has no possibility of parole; or
9 (4) If a court determines the child to be an abandoned infant.
10 There is a rebuttable presumption that termination of the parent-child rela-
11 tionship in any of the circumstances provided in subsection g. of this section
12 is in the best interest of the child.
13 i. If the parent has a disability, as defined in this chapter, the parent
14 shall have the right to provide evidence to the court regarding the manner in
15 which the use of adaptive equipment or supportive services will enable the
16 parent to carry out the responsibilities of parenting the child. Nothing in
17 this section shall be construed to create any new or additional obligation on
18 state or local governments to purchase or provide adaptive equipment or sup-
19 portive services for parents with disabilities.
|||| 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 AMENDMENT TO H.B. NO. 160
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 24, delete "unable failing" and
3 insert: "unable"; and in line 26, delete "a failure" and insert: "inability".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 160, As Amended
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO TERMINATION OF PARENTAL RIGHTS; AMENDING SECTION 16-2005, IDAHO
3 CODE, TO REVISE CONDITIONS UNDER WHICH THE COURT MAY TERMINATE PARENTAL
4 RIGHTS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 16-2005, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. The court may
9 grant an order terminating the relationship where it finds one (1) or more of
10 the following conditions exist:
11 a. The parent has abandoned the child by having willfully failed to main-
12 tain a normal parental relationship including, but not limited to, reasonable
13 support or regular personal contact; failure of the parent to maintain this
14 relationship without just cause for a period of one (1) year shall constitute
15 prima facie evidence of abandonment under this section. Provided further, that
16 where termination is sought by a grandparent seeking to adopt the child, will-
17 ful failure of the parent to maintain a normal parental relationship as pro-
18 vided herein, without just cause, for six (6) months shall constitute prima
19 facie evidence of abandonment.
20 b. The parent has neglected or abused the child. Neglect as used herein
21 shall mean a situation in which the child lacks parental care necessary for
22 his health, morals and well-being.
23 c. The presumptive parent is not the natural parent of the child.
24 d. The parent is unable to discharge parental responsibilities because of
25 mental illness or mental deficiency, and there are reasonable grounds to
26 believe the condition such inability will continue for a prolonged indetermi-
27 nate period and will be injurious to the health, morals or well-being of the
28 child.
29 e. If termination is found to be in the best interest of the parent and
30 child, where the petition has been filed by a parent or through an authorized
31 agency, or interested party.
32 f. Where a consent to termination in the manner and form prescribed by
33 this act has been filed by the parent(s) of the child in conjunction with a
34 petition for adoption initiated by the person or persons proposing to adopt
35 the child, or where the consent to termination has been filed by a licensed
36 adoption agency, no subsequent hearing on the merits of the petition shall be
37 held. Consents required by this act must be witnessed by a district judge or
38 magistrate of a district court, or equivalent judicial officer of the state,
39 where a person consenting resides or is present, whether within or without the
40 county, and shall be substantially in the following form:
41 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN
42 AND FOR THE COUNTY OF ....
43 In the Matter of the termination )
2
1 of the parental rights of )
2 ................... )
3 ................... )
4 I (we), the undersigned, being the .... of ...., do hereby give my (our)
5 full and free consent to the complete and absolute termination of my (our)
6 parental right(s), to the said ...., who was born ...., ...., unto ....,
7 hereby relinquishing completely and forever, all legal rights, privileges,
8 duties and obligations, including all rights of inheritance to and from the
9 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing
10 on the petition to terminate my (our) parental relationship with the said
11 ...., and respectfully request the petition be granted.
12 DATED: ...., 20...
13 ...................
14 STATE OF IDAHO )
15 ) ss.
16 COUNTY OF .... )
17 On this .... day of ...., 20.., before me, the undersigned ...., ....
18 (Judge or Magistrate) of the District Court of the .... Judicial District of
19 the state of Idaho, in and for the county of ...., personally appeared ....,
20 known to me (or proved to me on the oath of ....) to be the person(s) whose
21 name(s) is (are) subscribed to the within instrument, and acknowledged to me
22 that he (she, they) executed the same.
23 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
24 seal the day and year in this certificate first above written.
25 ...................... (District Judge or Magistrate)
26 The court shall accept a consent or a surrender and release executed in
27 another state if:
28 (1) It is witnessed by a magistrate or district judge of the state where
29 signed; or
30 (2) The court receives an affidavit or a certificate from a court of com-
31 parable jurisdiction stating that the consent or the surrender and release
32 was executed in accordance with the laws of the state in which it was exe-
33 cuted, or the court is satisfied by other showing that the consent or sur-
34 render and release was executed in accordance with the laws of the state
35 in which it was executed; or
36 (3) The court shall accept a termination or relinquishment from a sister
37 state that has been ordered by a court of competent jurisdiction under
38 like proceedings; or in any other manner authorized by the laws of a sis-
39 ter state. In a state where the father has failed to file notice of claim
40 to paternity and willingness to assume responsibility as provided for pur-
41 suant to the laws of such state, and where such failure constitutes an
42 abandonment of such child and constitutes a termination or relinquishment
43 of the rights of the putative father, the court shall accept such failure
44 as a termination in this state without further hearing on the merits, if
45 the court is satisfied that such failure constitutes a termination or
46 relinquishment of parental rights pursuant to the laws of that state.
47 g. Unless a consent to termination signed by the parent(s) of the child
48 has been filed by an adoption agency licensed in the state of Idaho, or unless
49 the consent to termination was filed in conjunction with a petition for adop-
50 tion of the child, the court shall hold a hearing.
51 h. The court may grant termination as to a parent:
52 (1) Who caused the child to be conceived as a result of rape, incest,
53 lewd conduct with a minor child under sixteen (16) years, or sexual abuse
54 of a child under the age of sixteen (16) years, as defined in section
55 16-2002 o., Idaho Code; or
3
1 (2) Who murdered or intentionally killed the other parent of the child;
2 or if the court determines the parent has been convicted of murder or vol-
3 untary manslaughter of another sibling of the child or has aided, abetted,
4 conspired or solicited to commit such murder or voluntary manslaughter
5 and/or if the court determines the parent has been convicted of a felony
6 assault or battery which resulted in serious bodily injury to the child or
7 a sibling; or
8 (3) Who has been incarcerated and has no possibility of parole; or
9 (4) If a court determines the child to be an abandoned infant.
10 There is a rebuttable presumption that termination of the parent-child rela-
11 tionship in any of the circumstances provided in subsection g. of this section
12 is in the best interest of the child.
13 i. If the parent has a disability, as defined in this chapter, the parent
14 shall have the right to provide evidence to the court regarding the manner in
15 which the use of adaptive equipment or supportive services will enable the
16 parent to carry out the responsibilities of parenting the child. Nothing in
17 this section shall be construed to create any new or additional obligation on
18 state or local governments to purchase or provide adaptive equipment or sup-
19 portive services for parents with disabilities.
STATEMENT OF PURPOSE
RS 12735
In early 1999 the Idaho SILC established the Committee for
Fathers and Mothers Independently Living with their Youth
(FAMILY). The committee was created to; 1) remove from current
law any inappropriate disability language, 2) build into current
law protections against discriminatory actions because of a
parent's disability in child custody legal proceedings and, 3)
create an evaluation system that is consistent and takes into
consideration the use of adaptive equipment and supportive
services.
The Committee for FAMILY is comprised of state legislators, an
attorney with family law expertise representing the Idaho Bar
Association, state Family and Children's Services officials, the
director of the Protection and Advocacy System, representatives
of disability advocacy groups, Grandparents as Parents and Idaho
Parents Unlimited.
Legislation was introduced and passed in the 2002 Idaho State
Legislature that amended the law regarding termination of
parental rights for parents with disabilities. This proposed
legislation will amend language that was not amended last
legislative session
FISCAL IMPACT
None
Contact
Name: Kelly Buckland
Phone: 334-3800
STATEMENT OF PURPOSE/FISCAL IMPACT H 160