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H0325.....................................................by WAYS AND MEANS CHILD PROTECTIVE ACT - Adds to and amends existing law to revise the Child Protective Act and the Parental Termination Act. 03/14 House intro - 1st rdg - to printing 03/15 Rpt prt - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/18 3rd rdg - PASSED - 67-0-3 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker NAYS -- None Absent and excused -- Crow, Skippen, Wood Floor Sponsor - Clark Title apvd - to Senate 03/21 Senate intro - 1st rdg - to Jud 03/29 Rpt out - rec d/p - to 2nd rdg 03/30 2nd rdg - to 3rd rdg Rls susp - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Kelly Title apvd - to House 03/31 To enrol - Rpt enrol - Sp signed 04/01 Pres signed 04/04 To Governor 04/14 Governor signed Session Law Chapter 391 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 325 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO CHILD CUSTODY AND PROTECTION; AMENDING SECTION 6-210, IDAHO CODE, 3 TO REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 4 SECTION 6-1903, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING SECTION 5 16-1506, IDAHO CODE, TO PROVIDE FOR JURISDICTION FOR ADOPTIONS ARISING 6 FROM CHILD PROTECTIVE ACT CASES, TO MAKE GRAMMATICAL CHANGES AND TO REVISE 7 A CODE REFERENCE; AMENDING SECTION 16-1513, IDAHO CODE, TO REVISE CODE 8 REFERENCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 16-1602, 9 IDAHO CODE, TO REVISE DEFINITIONS, TO REVISE CODE REFERENCES AND TO MAKE 10 TECHNICAL CORRECTIONS; AMENDING SECTION 16-1603, IDAHO CODE, TO REVISE A 11 CODE REFERENCE; AMENDING SECTION 16-1619, IDAHO CODE, TO REDESIGNATE THE 12 SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1620, IDAHO 13 CODE, TO REDESIGNATE THE SECTION AND TO REVISE A CODE REFERENCE; AMENDING 14 SECTION 16-1620A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 15 16-1612, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REMOVE REFERENCES TO 16 PERSONS APPOINTED BY THE COURT, TO REVISE CODE REFERENCES AND TO MAKE 17 TECHNICAL CORRECTIONS; AMENDING SECTION 16-1613, IDAHO CODE, TO REDESIG- 18 NATE THE SECTION, TO REMOVE REFERENCES TO PERSONS APPOINTED BY THE COURT, 19 TO REVISE CODE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 20 TION 16-1605, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE THAT THE 21 PROSECUTING ATTORNEY OR THE ATTORNEY GENERAL MAY FILE A PETITION AND TO 22 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1606, IDAHO CODE, TO 23 REDESIGNATE THE SECTION, TO REVISE A CODE REFERENCE AND TO MAKE TECHNICAL 24 CORRECTIONS; AMENDING SECTION 16-1607, IDAHO CODE, TO REDESIGNATE THE SEC- 25 TION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1607A, IDAHO 26 CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 16-1618, IDAHO CODE, TO 27 REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 28 TION 16-1614, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE CODE REF- 29 ERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1609, IDAHO 30 CODE, TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS APPLICABLE TO 31 INVESTIGATIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 32 16-1609A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 33 16-1609B, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 34 16-1608, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE REQUIRED FIND- 35 INGS, TO REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 36 ING CHAPTER 16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 37 16-1620, IDAHO CODE, TO PROVIDE FOR A PERMANENCY PLAN AND HEARING; AMEND- 38 ING SECTION 16-1610, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE 39 DESCRIPTIVE LANGUAGE, TO SET FORTH PROVISIONS FOR CASE PLAN HEARINGS, TO 40 REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC- 41 TION 16-1611, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE CODE REF- 42 ERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 16, TITLE 16, 43 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-1623, IDAHO CODE, TO PRO- 44 VIDE FOR AMENDED DISPOSITIONS AND REMOVAL DURING PROTECTIVE SUPERVISION; 45 AMENDING SECTION 16-1615, IDAHO CODE, TO REDESIGNATE THE SECTION, TO 46 REVISE CODE REFERENCES AND TO REVISE PROVISIONS APPLICABLE TO THE TERMINA- 2 1 TION OF A PARENT-CHILD RELATIONSHIP; AMENDING SECTION 16-1617, IDAHO CODE, 2 TO REDESIGNATE THE SECTION, TO REVISE PROVISIONS APPLICABLE TO APPEALS AND 3 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1621, IDAHO CODE, TO 4 REDESIGNATE THE SECTION; AMENDING SECTION 16-1616, IDAHO CODE, TO REDESIG- 5 NATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 6 16-1622, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL COR- 7 RECTIONS; AMENDING SECTION 16-1623, IDAHO CODE, TO REDESIGNATE THE SEC- 8 TION, TO REVISE CODE REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AMEND- 9 ING SECTION 16-1624, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE 10 TECHNICAL CORRECTIONS; AMENDING SECTION 16-1625, IDAHO CODE, TO REDESIG- 11 NATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 12 16-1630, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL COR- 13 RECTIONS; AMENDING SECTION 16-1631, IDAHO CODE, TO REDESIGNATE THE SECTION 14 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1632, IDAHO CODE, 15 TO REDESIGNATE THE SECTION, TO REVISE A CODE REFERENCE AND TO MAKE TECHNI- 16 CAL CORRECTIONS; AMENDING SECTION 16-1633, IDAHO CODE, TO REDESIGNATE THE 17 SECTION; AMENDING SECTION 16-1634, IDAHO CODE, TO REDESIGNATE THE SECTION, 18 TO REVISE A CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 19 SECTION 16-1635, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 20 16-1636, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE CODE REFERENCES 21 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1637, IDAHO CODE, 22 TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 23 SECTION 16-1626, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO MAKE TECH- 24 NICAL CORRECTIONS; AMENDING SECTION 16-1627, IDAHO CODE, TO REDESIGNATE 25 THE SECTION; AMENDING SECTION 16-1628, IDAHO CODE, TO REDESIGNATE THE SEC- 26 TION; AMENDING SECTION 16-1629, IDAHO CODE, TO REDESIGNATE THE SECTION; 27 AMENDING SECTION 16-2001, IDAHO CODE, TO REVISE THE PURPOSE AND TO MAKE 28 TECHNICAL CORRECTIONS; AMENDING SECTION 16-2002, IDAHO CODE, TO REVISE 29 DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-2003, 30 IDAHO CODE, TO PROVIDE FOR EXCLUSIVE JURISDICTION UNDER CERTAIN CIRCUM- 31 STANCES; AMENDING SECTION 16-2005, IDAHO CODE, TO REVISE PROVISIONS APPLI- 32 CABLE TO CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED AND TO MAKE 33 TECHNICAL CORRECTIONS; AMENDING SECTION 16-2007, IDAHO CODE, TO REVISE 34 PROVISIONS APPLICABLE TO NOTICES AND WAIVERS, TO REVISE A CODE REFERENCE 35 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-2010, IDAHO CODE, 36 TO REMOVE LANGUAGE REFERENCING PROTECTIVE SUPERVISION OF A CHILD AND TO 37 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-609A, IDAHO CODE, TO 38 REVISE CODE REFERENCES; AMENDING SECTION 39-258, IDAHO CODE, TO REVISE A 39 CODE REFERENCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 39-259, 40 IDAHO CODE, TO REVISE A CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION; 41 AMENDING SECTION 39-270, IDAHO CODE, TO REVISE A CODE REFERENCE; AMENDING 42 SECTION 39-8105, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF 43 2001, TO REDESIGNATE THE SECTION AND TO REVISE CODE REFERENCES; AMENDING 44 SECTION 39-8106, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 357, LAWS OF 45 2001, TO REDESIGNATE THE SECTION AND TO REVISE A CODE REFERENCE; AMENDING 46 SECTION 54-4407, IDAHO CODE, TO REVISE CODE REFERENCES; AMENDING SECTION 47 66-317, IDAHO CODE, TO REVISE A CODE REFERENCE; AND AMENDING SECTION 48 66-324, IDAHO CODE, TO REVISE A CODE REFERENCE. 49 Be It Enacted by the Legislature of the State of Idaho: 50 SECTION 1. That Section 6-210, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 6-210. RECOVERY OF DAMAGES FOR ECONOMIC LOSS WILFULLYWILLFULLY CAUSED BY 3 1 A MINOR. (1) Any person shall be entitled to recover damages in an amount not 2 to exceed two thousand five hundred dollars ($2,500) in a court of competent 3 jurisdiction from the parents of any minor, under the age of eighteen (18) 4 years, living with the parents, who shall wilfullywillfully cause economic 5 loss to such person, except as otherwise provided in section 49-310, Idaho 6 Code. "Person" means any municipal corporation, county, city school district, 7 or any individual, partnership, corporation or association, or any religious 8 organization, whether incorporated or unincorporated. 9 (2) Economic loss shall include, but not be limited to, the value of 10 property, as that term is defined in section 18-2402(8), Idaho Code, taken, 11 destroyed, broken or otherwise harmed, lost wages and direct out-of-pocket 12 losses or expenses such as medical expenses resulting from the minor's wilful13 willful conduct, but shall not include less tangible damage such as pain and 14 suffering, wrongful death or emotional distress. 15 (3) As used in this section, "parents" shall mean any persons or entities 16 who have legal custody of the minor, or any persons or entities who are 17 licensed to accept children for child care under chapter 12, title 39, Idaho 18 Code. "Legal custody" shall be as that term is defined in section 16-2002 (f), 19 Idaho Code. 20 (4) In the event the parents are providing foster care for the minor at 21 the time of the minor's wilfulwillful act, and the parents are licensed pur- 22 suant to section 39-1211, Idaho Code, and the minor is in the legal custody of 23 the department of health and welfare, any person is entitled to recover dam- 24 ages in a court of competent jurisdiction within the above stated limits. Such 25 recovery shall be insured by the state of Idaho. 26 SECTION 2. That Section 6-1903, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 6-1903. DISCHARGE OF A MENTAL HEALTH PROFESSIONAL'S DUTY TO WARN. (1) The 29 duty to warn arises only under the limited circumstances specified in section 30 6-1902, Idaho Code. The duty to warn a clearly identifiable victim shall be 31 discharged when the mental health professional has made a reasonable effort to 32 communicate, in a reasonable timely manner, the threat to the victim and has 33 notified the law enforcement agency closest to the patient's or victim's resi- 34 dence of the threat of violence, and has supplied a requesting law enforcement 35 agency with any information he has concerning the threat of violence. If the 36 victim is a minor, in addition to notifying the appropriate law enforcement 37 agency as required in this subsection, the mental health professional shall 38 make a reasonable effort to communicate the threat to the victim's custodial 39 parent, noncustodial parent, or legal guardian. 40 (2) The provisions of this section do not limit or affect the mental 41 health professional's duty to report child abuse or neglect in accordance with 42 section 16-16 1905, Idaho Code. 43 SECTION 3. That Section 16-1506, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 16-1506. PROCEEDINGS ON ADOPTION. (1) Proceedings to adopt a child shall 46 be commenced by the filing of a petition together with a copy thereof. Said47 The petition shall be initiated by the person or persons proposing to adopt 48 the child and shall be filed with the district court of the county in which 49 said person or persons reside. If the adoption arises from a child protective 50 act case, the petition shall be filed in the court having jurisdiction over 51 the child protective act case unless that court relinquishes jurisdiction over 4 1 the adoption proceeding. The petitioners shall have resided and maintained a 2 dwelling within the state of Idaho for at least six (6) consecutive months 3 prior to the filing of a petition. The petition shall set forth the name and 4 address of the petitioner or petitioners, the name of the child proposed to be 5 adopted and the name by which the person to be adopted shall be known if and 6 when adopted, the degree of relationship of the child, if any, to the peti- 7 tioner or petitioners and the names of any person or agency whose consent to 8 said adoption is necessary. At the time fixed for hearing such petition the 9 person adopting a child, and the child adopted, and the spouse of the peti- 10 tioner if a natural parent of the child, must appear before the court of the 11 county wherein the petition was filed. The p Petitioner shall at such time exe- 12 cute an agreement to the effect that the child shall be adopted and treated in 13 all respects as his own lawful child should be treated. 14 (2) Any person or persons whose consent is required shall execute such 15 consent in writing, in a form consistent with the provisions of subsection e.16 ofsection 16-2005(4), Idaho Code, which consent being filed in the court 17 where the application is made, shall be deemed a sufficient appearance on the 18 part of such person or persons. If any adoptive parent, or a person not a 19 minor being adopted by a resident adult under the provisions of section 20 16-1501, Idaho Code, is a member of the armed services and is unable to attend 21 the hearing, his appearance and testimony shall be received by means of depo- 22 sition, which shall be filed in the court at the time of the hearing. 23 (3) Prior to the placement for adoption of any child in the home of pro- 24 spective adoptive parents, it shall be required that a thorough social inves- 25 tigation of the prospective adoptive family and all of its members, consistent 26 with the rules regarding such investigations promulgated by the department of 27 health and welfare, shall be completed and that a positive recommendation for 28 adoptive placement shall have been made. The social investigation may be per- 29 formed by any individual who meets the requirements of the law. A copy of the 30 study must be submitted to the department and the department may impose a rea- 31 sonable fee, not to exceed fifty dollars ($50.00), for oversight of such pri- 32 vately conducted studies. If the prospective adoptive parent has a disability 33 as defined in this chapter, the prospective adoptive parent shall have the 34 right, as a part of the social study, to provide information regarding the 35 manner in which the use of adaptive equipment or supportive services will 36 enable the parent to carry out the responsibilities of parenting the child. 37 The person performing the social investigation shall advise the prospective 38 adoptive parent of such right and shall consider all such information in any 39 findings or recommendations. The social investigation of any prospective adop- 40 tive parent with a disability shall be conducted by, or with the assistance 41 of, an individual with expertise in the use of such equipment and services. 42 Nothing in this chapter shall be construed to create any new or additional 43 obligation on state or local governments to purchase or provide adaptive 44 equipment or supportive services for parents with disabilities. A copy of the45 study must be submitted to the department and the department may impose a rea-46 sonable fee, not to exceed fifty dollars ($50.00), for oversight of such pri-47 vately conducted studies.In those instances where the prospective adoptive 48 parent is married to the birth parent or is the grandparent of the child to be 49 adopted, such social investigation shall be completed with regard to the pro- 50 spective adoptive parent only upon order of the court. In exigent circum- 51 stances where the prospective adoptive parents are determined by the court to 52 have been unable to complete a social investigation of the family with a posi- 53 tive recommendation prior to the time the child is placed in the home, the 54 child shall remain in the home unless the court determines the best interests 55 of the child are served by other placement. If exigent circumstances exist, a 5 1 social investigation shall be initiated within five (5) days of placement. 2 Once initiated, all studies shall be completed within sixty (60) days. Upon 3 the filing of a petition to adopt a minor child by a person unrelated to the 4 child or unmarried to a natural parent of the child and at the discretion of 5 the court upon the filing of any other petition for adoption, a copy of such 6 petition, together with a statement containing the full names and permanent 7 addresses of the child and the petitioners, shall be served by the court 8 receiving the petition within five (5) days on the director of the department 9 of health and welfare by registered mail or personal service. If no private 10 investigation is conducted, it shall then be the duty of the said director, 11 through the personnel of the department or through such qualified child- 12 placing children's adoption agency incorporated under chapter 3, title 30, 13 Idaho Code, as the director may designate, to verify the allegations of the 14 petition, and as soon as possible not exceeding thirty (30) days after service 15 of the petition on the director to make a thorough investigation of the matter 16 to include in all cases information as to the alleged date and place of birth 17 and as to parentage of the child to be adopted as well as the source of all 18 such information and report his findings in writing to the court. The investi- 19 gative report shall include reasonably known or available medical and genetic 20 information regarding both natural parents and sources of such information as 21 well as reasonably known or available providers of medical care and services 22 to the natural parents. A copy of all medical and genetic information compiled 23 in the investigation shall be made available to the adopting family by the 24 department or other investigating children's adoption agency prior to entry of 25 the final order of adoption. The petition, statement and all other papers, 26 records or files relating to the adoption, including the preplacement investi- 27 gation and recommendation, shall be returned to the court with the investiga- 28 tive report. The department of health and welfare or other children's adoption 29 agency may require the petitioner to pay all or any part of the costs of the 30 investigation. If the report disapproves of the adoption of the child, motion 31 may be made to the court to dismiss the petition. 32 (4) Proceedings for termination of parent-child relationship in accor- 33 dance with chapter 20, title 16, Idaho Code, and proceedings for adoption may 34 be consolidated and determined at one (1) hearing provided that all of the 35 requirements of this chapter as well as chapter 20, title 16, Idaho Code, be 36 fully complied with. Nothing in either chapter shall be construed as limiting 37 the initiation of any petition for approval of a verified financial plan for 38 adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth 39 of the child which is the subject of any adoption proceeding. In all disputed 40 matters under this chapter or chapter 20, title 16, Idaho Code, the paramount 41 criterion for consideration and determination by the court shall be the best 42 interests of the child. 43 (5) Proceedings for the adoption of an adult shall be as provided in sub- 44 section (1) of this section and any consents required shall be executed as 45 provided in subsection (2) of this section. Upon a finding by the court that 46 the consent of all persons for whom consent is required has been given and 47 that the requirements of section 16-1501, Idaho Code, have been proven to the 48 satisfaction of the court, the court shall enter an order granting the adop- 49 tion. In cases where the adult proposed to be adopted is incapacitated or dis- 50 abled, the court may require that an investigation be performed. The form and 51 extent of the investigation to be undertaken may be as provided in subsection 52 (3) of this section, or as otherwise ordered by the court. If an investigation 53 is performed, the court must review and approve the findings of the investiga- 54 tion before issuing an order approving the adoption. 6 1 SECTION 4. That Section 16-1513, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 16-1513. REGISTRATION OF NOTICE OF COMMENCEMENT OF PATERNITY PROCEEDINGS. 4 (1) A person who is the father or claims to be the father of a child born out 5 of wedlock may claim rights pertaining to his paternity of the child by com- 6 mencing proceedings to establish paternity under section 7-1111, Idaho Code, 7 and by filing with the vital statistics unit of the department of health and 8 welfare notice of his commencement of proceedings to establish his paternity 9 of the child born out of wedlock. The vital statistics unit of the department 10 of health and welfare shall provide forms for the purpose of filing the notice 11 of commencement of paternity proceedings, and the forms shall be made avail- 12 able through the vital statistics unit of the Idaho department of health and 13 welfare and in the office of the county clerk in every county of this state. 14 The forms shall include a written notification that filing pursuant to this 15 section shall not satisfy the requirements of chapter 8 12, title 39, Idaho 16 Code, and the notification shall also include the following statements: 17 (a) A parent may make a claim of parental rights of an abandoned child, 18 abandoned pursuant to the provisions of chapter 8 12, title 39, Idaho Code, 19 as provided by section 39- 81068206, Idaho Code, by filing a notice of 20 claim of parental rights with the vital statistics unit of the department 21 of health and welfare on a form as prescribed and provided by the vital 22 statistics unit of the department of health and welfare; 23 (b) The vital statistics unit of the department of health and welfare 24 shall maintain a separate registry for claims to abandoned children, aban- 25 doned pursuant to the provisions of chapter 8 12, title 39, Idaho Code; 26 (c) The department shall provide forms for the purpose of filing a claim 27 of parental rights of an abandoned child, abandoned pursuant to the provi- 28 sions of chapter 8 12, title 39, Idaho Code, and the forms shall be made 29 available through the vital statistics unit of the Idaho department of 30 health and welfare and in the office of the county clerk in every county 31 of this state; 32 (d) To be valid, a claim of parental rights of an abandoned child, aban- 33 doned pursuant to the provisions of chapter 8 12, title 39, Idaho Code, 34 must be filed before an order terminating parental rights is entered by 35 the court. A parent that fails to file a claim of parental rights prior to 36 entry of an order terminating their parental rights is deemed to have 37 abandoned the child and waived and surrendered any right in relation to 38 the child, including the right to notice of any judicial proceeding in 39 connection with the termination of parental rights or adoption of the 40 child .; 41 (e) Registration of notice of commencement of paternity proceedings pur- 42 suant to chapter 15, title 16, Idaho Code, shall not satisfy the require- 43 ments of chapter 8 12, title 39, Idaho Code. To register a parental claim 44 to an abandoned child, abandoned pursuant to the provisions of chapter 45 8 12, title 39, Idaho Code, an individual must file an abandoned child reg- 46 istry claim with the vital statistics unit of the department of health and 47 welfare and comply with all other provisions of chapter 8 12, title 39, 48 Idaho Code, in the time and manner prescribed, in order to preserve paren- 49 tal rights to the child. 50 When filing a notice of the commencement of paternity proceedings, a per- 51 son who claims to be the father of a child born out of wedlock, shall file 52 with the vital statistics unit of the department of health and welfare, the 53 completed form prescribed by the vital statistics unit of the department of 54 health and welfare. Said form will be filled out completely, signed by the 7 1 person claiming paternity, and witnessed before a notary public. 2 (2) The notice of the commencement of paternity proceedings may be filed 3 prior to the birth of the child, but must be filed prior to the placement for 4 adoption of the child in the home of prospective parents or prior to the date 5 of commencement of any proceeding to terminate the parental rights of the 6 birth mother, whichever event occurs first. The notice of the commencement of 7 paternity proceedings shall be signed by the person filing the notice and 8 shall include his name and address, the name and last address of the mother, 9 and either the birth date of the child or the probable month and year of the 10 expected birth of the child. The vital statistics unit of the department of 11 health and welfare shall maintain a registry for this purpose which shall be 12 subject to disclosure according to chapter 3, title 9, Idaho Code. The depart- 13 ment shall record the date and time the notice of the commencement of proceed- 14 ings is filed with the department. The notice shall be deemed to be duly filed 15 with the department as of the date and time recorded on the notice by the 16 department. 17 (3) If the unmarried biological father does not know the county in which 18 the birth mother resides, he may initiate his action in any county, subject to 19 a change in venue. 20 (4) Any father of a child born out of wedlock who fails to file and reg- 21 ister his notice of the commencement of paternity proceedings prior to the 22 placement for adoption of the child in the home of prospective parents or 23 prior to the date of commencement of any proceeding to terminate the parental 24 rights of the birth mother, whichever event occurs first, is deemed to have 25 waived and surrendered any right in relation to the child and shall be barred 26 from thereafter bringing or maintaining any action to establish his paternity 27 of the child. Failure of such filing or registration shall constitute an aban- 28 donment of said child. The filing and registration of a notice of the com- 29 mencement of paternity proceedings by a putative father shall constitute prima 30 facie evidence of the fact of his paternity in any contested proceeding under 31 chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of 32 paternity proceedings shall not be a bar to an action for termination of his 33 parental rights under chapter 20, title 16, Idaho Code. 34 (5) In any adoption proceeding pertaining to a child born out of wedlock, 35 if there is no showing that the putative father has consented to the adoption, 36 a certificate shall be obtained from the vital statistics unit of the depart- 37 ment of health and welfare, signed by the state registrar of vital statistics, 38 which certificate shall state that a diligent search has been made of the reg- 39 istry of notices from putative fathers, and that no filing has been found per- 40 taining to the father of the child in question, or if a filing is found, stat- 41 ing the name of the putative father and the time and date of filing. That cer- 42 tificate shall be filed with the court prior to entry of a final decree of 43 adoption. 44 (6) Identities of putative fathers can only be released pursuant to pro- 45 cedures contained in chapter 3, title 9, Idaho Code. 46 (7) To cover the cost of implementing and maintaining said registry, the 47 vital statistics unit of the department of health and welfare shall charge a 48 filing fee of ten dollars ($10.00) at the time the putative father files his 49 notice of his commencement of proceedings. It is the intent of the legislature 50 that the fee shall cover all direct and indirect costs incurred pursuant to 51 this section. The board of health and welfare shall annually review the fees 52 and expenses incurred pursuant to administering the provisions of this sec- 53 tion. 54 (8) Consistent with its authority denoted in the vital statistics act, 55 section 39-242(c), Idaho Code, the board of health and welfare shall adopt, 8 1 amend and repeal rules for the purpose of carrying out the provisions of this 2 section. 3 SECTION 5. That Section 16-1602, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 16-1602. DEFINITIONS. For purposes of this chapter: 6 (1) "Abused" means any case in which a child has been the victim of: 7 (a) Conduct or omission resulting in skin bruising, bleeding, malnutri- 8 tion, burns, fracture of any bone, subdural hematoma, soft tissue swell- 9 ing, failure to thrive or death, and such condition or death is not justi- 10 fiably explained, or where the history given concerning such condition or 11 death is at variance with the degree or type of such condition or death, 12 or the circumstances indicate that such condition or death may not be the 13 product of an accidental occurrence; or 14 (b) Sexual conduct, including rape, molestation, incest, prostitution, 15 obscene or pornographic photographing, filming or depiction for commercial 16 purposes, or other similar forms of sexual exploitation harming or threat- 17 ening the child's health or welfare or mental injury to the child. 18 (2) "Abandoned" means the failure of the parent to maintain a normal 19 parental relationship with his child including, but not limited to, reasonable 20 support or regular personal contact. Failure to maintain this relationship 21 without just cause for a period of one (1) year shall constitute prima facie 22 evidence of abandonment. 23 (3) "Adaptive equipment" means any piece of equipment or any item that is 24 used to increase, maintain or improve the parenting capabilities of a parent 25 with a disability. 26 (4) "Adjudicatory hearing" means a hearing to determine: 27 (a) Whether the child comes under the jurisdiction of the court pursuant 28 to the provisions of this chapter; 29 (b) Whether continuation of the child in the home would be contrary to 30 the child's welfare and whether the best interests of the child require 31 protective supervision or vesting legal custody of the child in an autho- 32 rized agency; 33 (c) Whether aggravated circumstances as defined in section 16-16 0819, 34 Idaho Code, exist. 35 (5) "Authorized agency" means the department, a local agency, a person, 36 an organization, corporation, benevolent society or association licensed or 37 approved by the department or the court to receive children for control, care, 38 maintenance or placement. 39 (6) "Case plan hearing" means a hearing to: 40 (a) Review, approve, modify or reject the case plan; and 41 (b) Review reasonable efforts being made to rehabilitate the family; and 42 (c) Review reasonable efforts being made to reunify the children with a 43 parent or guardian. 44 (7) "Child" means an individual who is under the age of eighteen (18) 45 years. 46 ( 78) "Child advocate coordinator" means a person or entity receiving 47 moneys from the grant administrator for the purpose of carrying out any of the 48 duties as set forth in section 16-16 3032, Idaho Code. 49 ( 89) "Circumstances of the child" includes, but is not limited to, the 50 joint legal custody or joint physical custody of the child. 51 ( 910) "Commit" means to transfer legal and physical custody. 52 (1 01) "Concurrent planning" means a planning model that prepares for and 53 implements different outcomes at the same time. 9 1 (1 12) "Court" means district court or magistrate's division thereof, or if 2 the context requires, a magistrate or judge thereof. 3 (1 23) "Custodian" means a person, other than a parent or legal guardian, 4 to whom legal or joint legal custody of the child has been given by court 5 order. or who is acting in loco parentis.6 (1 34) "Department" means the department of health and welfare and its 7 authorized representatives. 8 (1 45) "Disability" means, with respect to an individual, any mental or 9 physical impairment which substantially limits one (1) or more major life 10 activity of the individual including, but not limited to, self-care, manual 11 tasks, walking, seeing, hearing, speaking, learning or working, or a record of 12 such an impairment, or being regarded as having such an impairment. Disability 13 shall not include transvestism, transsexualism, pedophilia, exhibitionism, 14 voyeurism, other sexual behavior disorders, or substance use disorders, com- 15 pulsive gambling, kleptomania or pyromania. Sexual preference or orientation 16 is not considered an impairment or disability. Whether an impairment substan- 17 tially limits a major life activity shall be determined without consideration 18 of the effect of corrective or mitigating measures used to reduce the effects 19 of the impairment. 20 (1 56) "Family or household member" shall have the same meaning as in sec- 21 tion 39-6303( 36), Idaho Code. 22 (1 67) "Foster care" means twenty-four (24) hour substitute care for chil- 23 dren placed away from their parents or guardians and for whom the state agency 24 has placement and care responsibility. 25 (1 78) "Grant administrator" means any such organization or agency as may 26 be designated by the supreme court from time to time to administer funds from 27 the guardian ad litem account in accordance with the provisions of this chap- 28 ter. 29 (1 89) "Guardian ad litem" means a person appointed by the court pursuant 30 to a guardian ad litem volunteer program to act as special advocate for a 31 child under this chapter. 32 ( 1920) "Guardian ad litem program" means the program to recruit, train and 33 coordinate volunteer persons to serve as guardians ad litem for abused, 34 neglected or abandoned children. 35 (2 01) "Homeless," as used in this chapter, shall mean that the child is 36 without adequate shelter or other living facilities, and the lack of such 37 shelter or other living facilities poses a threat to the health, safety or 38 well-being of the child. 39 (2 12) "Law enforcement agency" means a city police department, the prose- 40 cuting attorney of any county, state law enforcement officers, or the office 41 of a sheriff of any county. 42 (2 23) "Legal custody" means a relationship created by court order, of the43 court,which vests in a custodian the following duties andrights and respon- 44 sibilities: 45 (a) To have physical custody and control of the child, and to determine 46 where and with whom the child shall live. 47 (b) To supply the child with food, clothing, shelter and incidental 48 necessities. 49 (c) To provide the child with care, education and discipline. 50 (d) To authorize ordinary medical, dental, psychiatric, psychological, or 51 other remedial care and treatment for the child, including care and treat- 52 ment in a facility with a program of services for children; and to author- 53 ize surgery if the surgery is deemed by two (2) physicians licensed to 54 practice in this state to be necessary for the child. 55 (e) Where the parents share legal custody, the custodian may be vested 10 1 with the custody previously held by either or both parents. 2 (2 34) "Mental injury" means a substantial impairment in the intellectual 3 or psychological ability of a child to function within a normal range of per- 4 formance and/or behavior, for short or long terms. 5 (2 45) "Neglected" means a child: 6 (a) Who is without proper parental care and control, or subsistence, edu- 7 cation, medical or other care or control necessary for his well-being 8 because of the conduct or omission of his parents, guardian or other cus- 9 todian or their neglect or refusal to provide them; provided, however, no 10 child whose parent or guardian chooses for such child treatment by prayers 11 through spiritual means alone in lieu of medical treatment, shall be 12 deemed for that reason alone to be neglected or lack parental care neces- 13 sary for his health and well-being, but further provided this subsection 14 shall not prevent the court from acting pursuant to section 16-16 1627, 15 Idaho Code; or 16 (b) Whose parents, guardian or other custodian are unable to discharge 17 their responsibilities to and for the child and, as a result of such 18 inability, the child lacks the parental care necessary for his health, 19 safety or well-being; or 20 (c) Who has been placed for care or adoption in violation of law. 21 (2 56) "Permanency hearing" means a hearing to review, approve, reject or 22 modify the permanency plan of the department, and review reasonable efforts in 23 accomplishing the permanency plan. 24 (2 67) "Permanency plan" means a plan for a continuous residence and main- 25 tenance of nurturing relationships during the child's minority. 26 (27) "Planning hearing" means a hearing to:27 (a) Review, approve, modify or reject the case plan; and28 (b) Review reasonable efforts being made to rehabilitate the family; and29 (c) Review reasonable efforts being made to reunify the children with a30 parent or guardian.31 (28) "Protective order" means an order created by the court granting 32 relief as delineated in section 39-6306, Idaho Code, and shall be for a period 33 not to exceed three (3) months unless otherwise stated herein. Failure to com- 34 ply with the order shall be a misdemeanor. 35 (29) "Protective supervision" means a legal status created by court order 36 in neglect and abuse cases whereby the child is permitted to remain in his 37 home under supervision by the department. 38 (30) "Residual parental rights and responsibilities" means those rights 39 and responsibilities remaining with the parents after the transfer of legal 40 custody including, but not necessarily limited to, the right of visitation, 41 the right to consent to adoption, the right to determine religious affilia- 42 tion, the right to family counseling when beneficial, and the responsibility 43 for support. 44 (31) "Shelter care" means places designated by the department for tempo- 45 rary care of children pending court disposition or placement. 46 (32) "Supportive services," as used in this chapter, shall mean services 47 which assist parents with a disability to compensate for those aspects of 48 their disability which affect their ability to care for their child and which 49 will enable them to discharge their parental responsibilities. The term 50 includes specialized or adapted training, evaluations or assistance with 51 effectively using adaptive equipment and accommodations which allow parents 52 with a disability to benefit from other services including, but not limited 53 to, Braille texts or sign language interpreters. 54 SECTION 6. That Section 16-1603, Idaho Code, be, and the same is hereby 11 1 amended to read as follows: 2 16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided 3 herein, the court shall have exclusive original jurisdiction in all proceed- 4 ings under this chapter concerning any child living or found within the state: 5 (a) Who is neglected, abused or abandoned by his parents, guardian or 6 other legal custodian, or who is homeless; or 7 (b) Whose parents or other legal custodian fails to provide a stable home 8 environment. 9 (2) If the court has taken jurisdiction over a child under subsection (1) 10 of this section, it may take jurisdiction over another child living or having 11 custodial visitation in the same household without the filing of a separate 12 petition if it finds all of the following: 13 (a) The other child is living or is found within the state; 14 (b) The other child has been exposed to or is at risk of being a victim 15 of abuse, neglect or abandonment; 16 (c) The other child is listed in the petition or amended petition; 17 (d) The parents or legal guardians of the other child have notice as pro- 18 vided in section 16-16 0611, Idaho Code. 19 SECTION 7. That Section 16-1619, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 16-16 1905. REPORTING OF ABUSE, ABANDONMENT OR NEGLECT. ( a1) Any physi- 22 cian, resident on a hospital staff, intern, nurse, coroner, school teacher, 23 day care personnel, social worker, or other person having reason to believe 24 that a child under the age of eighteen (18) years has been abused, abandoned 25 or neglected or who observes the child being subjected to conditions or cir- 26 cumstances which would reasonably result in abuse, abandonment or neglect 27 shall report or cause to be reported within twenty-four (24) hours such condi- 28 tions or circumstances to the proper law enforcement agency or the department. 29 The department shall be informed by law enforcement of any report made 30 directly to it. When the attendance of a physician, resident, intern, nurse, 31 day care worker, or social worker is pursuant to the performance of services 32 as a member of the staff of a hospital or similar institution, he shall notify 33 the person in charge of the institution or his designated delegate who shall 34 make the necessary reports. 35 ( b2) For purposes of subsection ( c3) of this section the term "duly 36 ordained minister of religion" means a person who has been ordained or set 37 apart, in accordance with the ceremonial, ritual or discipline of a church or 38 religious organization which has been established on the basis of a community 39 of religious faith, belief, doctrines and practices, to hear confessions and 40 confidential communications in accordance with the bona fide doctrines or dis- 41 cipline of that church or religious organization. 42 ( c3) The notification requirements of subsection ( a1) of this section do 43 not apply to a duly ordained minister of religion, with regard to any confes- 44 sion or confidential communication made to him in his ecclesiastical capacity 45 in the course of discipline enjoined by the church to which he belongs if: 46 ( 1a) The church qualifies as tax-exempt under 26 U.S.C. section 47 501(c)(3); 48 ( 2b) The confession or confidential communication was made directly to 49 the duly ordained minister of religion; and 50 ( 3c) The confession or confidential communication was made in the manner 51 and context which places the duly ordained minister of religion specifi- 52 cally and strictly under a level of confidentiality that is considered 12 1 inviolate by canon law or church doctrine. A confession or confidential 2 communication made under any other circumstances does not fall under this 3 exemption. 4 ( d4) Failure to report as required in this section shall be a misde- 5 meanor. 6 SECTION 8. That Section 16-1620, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 16-16 2006. IMMUNITY. Any person who has reason to believe that a child 9 has been abused, abandoned or neglected and, acting upon that belief, makes a 10 report of abuse, abandonment or neglect as required in section 16-16 1905, 11 Idaho Code, shall have immunity from any liability, civil or criminal, that 12 might otherwise be incurred or imposed. Any such participant shall have the 13 same immunity with respect to participation in any such judicial proceeding 14 resulting from such report. Any person who reports in bad faith or with malice 15 shall not be protected by this section. Any privilege between husband and 16 wife, or between any professional person except the lawyer-client privilege, 17 including but not limited to physicians, counselors, hospitals, clinics, day 18 care centers and schools and their clients shall not be grounds for excluding 19 evidence at any proceeding regarding the abuse, abandonment or neglect of the 20 child or the cause thereof. 21 SECTION 9. That Section 16-1620A, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 16-16 20A07. REPORTING IN BAD FAITH -- CIVIL DAMAGES. Any person who makes 24 a report or allegation of child abuse, abandonment or neglect knowing the same 25 to be false or who reports or alleges the same in bad faith or with malice 26 shall be liable to the party or parties against whom the report was made for 27 the amount of actual damages sustained or statutory damages of five hundred 28 dollars ($500), whichever is greater, plus attorney's fees and costs of suit. 29 If the court finds that the defendant acted with malice or oppression, the 30 court may award treble actual damages or treble statutory damages, whichever 31 is greater. 32 SECTION 10. That Section 16-1612, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 16-16 1208. EMERGENCY REMOVAL. 35 ( a1) ( 1a) A child may be taken into shelter care by a peace officer or36 other person appointed by the courtwithout an order issued pursuant to 37 subsection ( d4) of section 16-16 0611 or section 16-16 0819, Idaho Code, 38 only where the child is endangered in his surroundings and prompt removal 39 is necessary to prevent serious physical or mental injury to the child or 40 where the child is an abandoned child pursuant to the provisions of chap- 41 ter 8 12, title 39, Idaho Code. 42 ( 2b) An alleged offender may be removed from the home of the victim of 43 abuse or neglect by a peace officer or other person appointed by the court44 without an order, issued pursuant to subsection ( e5) of section 16-16 0611, 45 Idaho Code, only where the child is endangered and prompt removal of an 46 alleged offender is necessary to prevent serious physical or mental injury 47 to the child. 48 ( b2) When a child is taken into shelter care under subsection ( a1) of 49 this section, he may be held for a maximum of forty-eight (48) hours, exclud- 13 1 ing Saturdays, Sundays and holidays, unless a shelter care hearing has been 2 held pursuant to section 16-16 1415, Idaho Code, and the court orders an 3 adjudicatory hearing. 4 ( c3) When an alleged offender is removed from the home under subsection 5 ( a1)( 2b) of this section, a motion based on a sworn affidavit by the depart- 6 ment must be filed simultaneously with the petition and the court shall deter- 7 mine at a shelter care hearing, held within a maximum of twenty-four (24) 8 hours, excluding Saturdays, Sundays and holidays, whether the relief sought 9 shall be granted, pending an adjudicatory hearing. Notice of such hearing 10 shall be served upon the alleged offender at the time of removal or other pro- 11 tective relief. 12 SECTION 11. That Section 16-1613, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 16-16 1309. EMERGENCY REMOVAL -- NOTICE. ( a1) A peace officer or other15 person appointed by the courtwho takes a child into shelter care under sec- 16 tion 16-16 1208, Idaho Code, shall immediately: 17 ( 1a) Take the child to a place of shelter ,; and 18 ( 2b) Notify the court of the action taken and the place to which the 19 child was taken ,; and ,20 ( 3c) wWith the exception of a child abandoned pursuant to the provisions 21 of chapter 8 12, title 39, Idaho Code, Nnotify each of the parents, guard- 22 ian or other legal custodian that the child has been taken into shelter 23 care, the type and nature of shelter care, and that the child may be held 24 for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and 25 holidays, within which time there must be a shelter care hearing. 26 ( b2) A peace officer or other person appointed by the courtwho takes a 27 child into shelter care under section 16-16 1208, Idaho Code, shall not be held 28 liable either criminally or civilly unless the action of taking the child was 29 exercised in bad faith and/or the requirements of subsection ( a1) of this sec- 30 tion are not complied with. 31 SECTION 12. That Section 16-1605, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 16-16 0510. PETITION. ( a1) A petition invoking the jurisdiction of the 34 court under this chapter shall be filed in the manner provided in this sec- 35 tion: 36 ( 1a) A petition must be signed by the prosecutor or deputy attorney gen- 37 eral before being filed with the court. 38 ( 2b) Any person or governmental body of this state having evidence of 39 abuse, abandonment, neglect or homelessness of a child may request the 40 attorney general or prosecuting attorney to file a petition. The prosecut- 41 ing attorney of the county where the child residesor the attorney general 42 may file a petition on behalf of any child whose parent, guardian, or cus- 43 todian has been accused in a criminal complaint of the crime of cruel 44 treatment or neglect as defined in section 18-1501, Idaho Code. 45 ( b2) Petitions shall be entitled "In the Matter of .............., a 46 child under the age of eighteen (18) years" and shall be verified and set 47 forth with specificity: 48 ( 1a) The facts which bring the child within the jurisdiction of the court 49 upon the grounds set forth in section 16-1603, Idaho Code, with the 50 actions of each parent described therein; 51 ( 2b) The name, birthdate, sex, and residence address of the child; 14 1 ( 3c) The name, birthdate, sex, and residence address of all other chil- 2 dren living at or having custodial visitation at the home where the injury 3 to the subject child occurred; 4 ( 4d) The names and residence addresses of both the mother and father, 5 guardian or other custodian. If neither of his parents, guardian or other 6 custodian resides or can be found within the state, or if their residence 7 addresses are unknown, the name of any known adult relative residing 8 within the state; 9 ( 5e) The names and residence addresses of each person having sole or 10 joint legal custody of the children described in this section; 11 ( 6f) Whether or not there exists a legal document including, but not lim- 12 ited to, a divorce decree, stipulation or parenting agreement controlling 13 the custodial status of the children described in this section; 14 ( 7g) Whether the child is in shelter care, and, if so, the type and 15 nature of the shelter care, the circumstances necessitating such care and 16 the date and time he was placed in such care; 17 ( 8h) When any of the facts required by this section cannot be determined, 18 the petition shall so state. The petition may be based on information and 19 belief but in such case the petition shall state the basis of such infor- 20 mation and belief; 21 ( 9i) If the child has been or will be removed from the home, the petition 22 shall state that: 23 (i) Remaining in the home was contrary to the welfare of the child; 24 and 25 (ii) Vesting legal custody of the child in the department or other 26 authorized agency is in the best interests of the child; and 27 (iii) Reasonable efforts have been made prior to the placement of the 28 child in care to prevent the removal of the child from his home or, 29 if such efforts were not provided, that reasonable efforts to prevent 30 placement were not required as the parent subjected the child to 31 aggravated circumstances; 32 ( 10j) The petition shall state with specificity whether a parent with 33 joint legal custody or a noncustodial parent has been notified of place- 34 ment; 35 ( 11k) The petition shall state whether a court has adjudicated the custo- 36 dial rights of the parents and shall set forth the custodial status of the 37 child; 38 ( 12l) The court may combine petitions and hearings where multiple peti- 39 tions have been filed involving related children, parents or guardians. 40 SECTION 13. That Section 16-1606, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 16-16 0611. SUMMONS. ( a1) After a petition has been filed, the clerk of 43 the court may issue a summons requiring the person or persons who have custody 44 of the child to bring the child before the court at the adjudicatory hearing 45 held in accordance with section 16-16 0819, Idaho Code. Each parent or guard- 46 ian shall also be notified in the manner hereinafter provided of the pendency 47 of the case and the time and place set for the hearing. A summons shall be 48 issued and served requiring the appearance of each parent and legal guardian, 49 and a summons may be issued and served for any other person whose presence is 50 required by the child, either of his parents or guardian or any other person 51 whose presence, in the opinion of the court, is necessary. 52 ( b2) A copy of the petition shall be attached to each summons. 53 ( c3) The summons shall notify each of the parents, guardian or legal cus- 15 1 todian of their right to retain and be represented by counsel. Each parent or 2 legal guardian of each child named in the petition shall be notified by the 3 court of the case and of the time and place set for the hearing. 4 ( d4) If based on facts presented to the court, it appears that the court 5 has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, 6 and that the child should be removed from his present condition or surround- 7 ings because continuation in such condition or surroundings would be contrary 8 to the welfare of the child and vesting legal custody with the department or 9 other authorized agency would be in the child's best interests, the court may 10 so order by endorsement upon the summons. The endorsement shall specifically 11 state that continuation in the present condition or surroundings is contrary 12 to the welfare of the child and shall require a peace officer or other suit- 13 able person to take the child at once to a place of shelter care designated by 14 the authorized agency which shall provide shelter care for the child. 15 ( e5) If it appears that the child is safe in his present condition or 16 surroundings and it is not in his best interest to remove him at this time, 17 the court may issue a protective order based on an affidavit pending the 18 adjudicatory hearing. If the child is in joint custody, the protective order 19 shall state with specificity the rights and responsibilities of each parent. 20 Each parent shall be provided with a copy of the protective order. 21 SECTION 14. That Section 16-1607, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 16-16 0712. SERVICE OF SUMMONS -- TRAVEL EXPENSES -- NECESSARY WITNESSES. 24 ( a1) Service of summons shall be made personally by delivery of an attested 25 copy thereof to the person summoned; provided that if the court is satisfied 26 that it is impracticable to serve personally such summons or the notice pro- 27 vided for in the preceding section, he may order service by registered mail 28 addressed to the last known address, or by publication thereof, or both. It 29 shall be sufficient to confer jurisdiction if service is effected at least 30 forty-eight (48) hours before the time fixed in the summons for the hearing. 31 ( b2) When publication is used the summons shall be published once a week 32 for two (2) consecutive weeks in a newspaper of general circulation in the 33 county; such newspaper to be designated by the court in the order for publica- 34 tion of the summons, and such publication shall have the same force and effect 35 as though such person had been personally served with said summons. 36 ( c3) Service of summons, process or notice required by this chapter shall 37 be made by the sheriff or other person appointed by the court, and a return 38 must be made on the summons showing that service has been made. 39 ( d4) The court may authorize payment of any necessary travel expenses 40 incurred by any person summoned or otherwise required to appear at the hearing 41 of any case coming within the purview of this chapter, and such expenses when 42 approved by the court shall be a charge upon the county, except that not more 43 than five (5) witnesses on behalf of any parent or guardian may be required to 44 attend such hearing at the expense of the county. 45 ( e5) The court may summon the appearance of any person whose presence is 46 deemed necessary as a witness. 47 ( f6) The child, each of his parents, guardian or custodian shall be noti- 48 fied as soon as practicable after the filing of a petition and prior to the 49 start of a hearing of their right to be represented by counsel. 50 ( g7) If any person summoned as herein provided shall, without reasonable 51 cause, fail to appear, the court may proceed in such person's absence or such 52 person may be proceeded against for contempt of court. 53 ( h8) Where the summons cannot be served, or the parties served fail to 16 1 obey the same, or in any case when it shall be made to appear to the court 2 that the service will be ineffectual, or that the welfare of the child 3 requires that he be brought forthwith into the custody of the court, a warrant 4 or capias may be issued for the parent, guardian or the child. 5 SECTION 15. That Section 16-1607A, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 16-16 07A13. HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings 8 under this chapter shall be dealt with by the court at hearings separate from 9 those for adults and without a jury. The hearings shall be conducted in an 10 informal manner and may be adjourned from time to time. The general public 11 shall be excluded, and only such persons shall be admitted as are found by the 12 court to have a direct interest in the case. The child may be excluded from 13 hearings at any time at the discretion of the court. If the parent or guardian 14 is without counsel, the court shall inform them of their right to be repre- 15 sented by counsel and to appeal from any disposition or order of the court. 16 (2) When a child is summoned as a witness in any hearing under this act, 17 notwithstanding any other statutory provision, parents, a counselor, a friend, 18 or other person having a supportive relationship with the child shall, if 19 available, be permitted to remain in the courtroom at the witness stand with 20 the child during the child's testimony unless, in written findings made and 21 entered, the court finds that the constitutional right of the child's 22 parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly 23 prejudiced. 24 (3) At any stage of a proceeding under this chapter, if the court deter- 25 mines that it is in the best interests of the child or society, the court may 26 cause the proceeding to be expanded or altered to include full or partial con- 27 sideration of the cause under the juvenile corrections act without terminating 28 the original proceeding under this chapter. 29 SECTION 16. That Section 16-1618, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 16-16 1814. RIGHT TO COUNSEL -- GUARDIAN AD LITEM. ( a1) In any proceeding 32 under this chapter the court shall appoint a guardian ad litem for the child 33 or children to serve at each stage of the proceeding and in appropriate cases 34 shall appoint counsel to represent the guardian, and in appropriate cases, may 35 appoint separate counsel for the child. 36 ( b2) If a court does not have available to it a guardian ad litem program 37 or a sufficient number of guardians ad litem, the court shall appoint separate 38 counsel for the child. For a child under the age of twelve (12) years the 39 attorney will have the powers and duties of a guardian ad litem. For a child 40 twelve (12) years of age or older, the court may order that the counsel act 41 with or without the powers and duties of a guardian ad litem. 42 ( c3) Counsel appointed for the child under the provisions of this section 43 shall be paid for by the county unless the party for whom counsel is appointed 44 has an independent estate sufficient to pay such costs. 45 SECTION 17. That Section 16-1614, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 16-16 1415. SHELTER CARE HEARING. ( a1) Notwithstanding any other provision 48 of this chapter, when a child is taken into shelter care pursuant to section 49 16-16 1208 or 16-1611, Idaho Code, a hearing to determine whether the child 17 1 should be released shall be held according to the provisions of this section. 2 ( b2) Each of the parents or custodian from whom the child was removed 3 shall be given notice of the shelter care hearing. Such notice shall include 4 the time, place, and purpose of the hearing; and, that such person is entitled 5 to be represented by legal counsel. Notice as required by this subsection 6 shall be given at least twenty-four (24) hours before the shelter care hear- 7 ing. 8 ( c3) Notice of the shelter care hearing shall be given to the parents or 9 custodian from whom the child was removed by personal service and the return 10 of service shall be filed with the court and to any person having joint legal 11 or physical custody of the subject child. Provided, however, that such service 12 need not be made where the undelivered notice is returned to the court along 13 with an affidavit stating that such parents or custodian could not be located 14 or were out of the state. 15 ( d4) The shelter care hearing may be continued for a reasonable time upon 16 request by the parent, custodian or counsel for the child. 17 ( e5) If, upon the completion of the shelter care hearing, it is shown 18 that: 19 ( 1a) A petition has been filed; and 20 ( 2b) There is reasonable cause to believe the child comes within the 21 jurisdiction of the court under this chapter and that reasonable efforts 22 to prevent the placement of the child in shelter care could not be pro- 23 vided because of the immediate danger to the child or were provided but 24 were not successful in eliminating the need for foster care placement of 25 the child; and 26 ( 3c) The child could not be placed in the temporary sole custody of a 27 parent having joint legal or physical custody; and 28 ( 4d) It is contrary to the welfare of the child to remain in the home; 29 and 30 ( 5e) It is in the best interests of the child to remain in temporary 31 shelter care pending the conclusion of the adjudicatory hearing; or 32 ( 6f) There is reasonable cause to believe that the child comes within the 33 jurisdiction of the court under this chapter, but a reasonable effort to 34 prevent placement of the child outside the home could be affected by a 35 protective order safeguarding the child's welfare and maintaining the 36 child in his present surroundings; the court shall issue, within twenty- 37 four (24) hours of such hearing, an order of temporary legal custody 38 and/or a protective order. Any evidence may be considered by the court 39 which is of the type which reasonable people may rely upon. 40 ( f6) Upon ordering shelter care pursuant to subsection ( e5) of this sec- 41 tion, the court shall also order an adjudicatory hearing to be held as soon as 42 possible, but in no event later than thirty (30) days from the date the peti- 43 tion was filed. 44 ( g7) If the court does not find that the child should remain in shelter 45 care under subsection ( e5) of this section, the child shall be released and 46 the court may dismiss the petition. 47 SECTION 18. That Section 16-1609, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 16-16 0916. INVESTIGATION. ( a1) Where the court has ordered an50 adjudicatory hearing after the shelter care hearing or when a petition is51 otherwise filed, the court may orderAfter a petition has been filed, the 52 department toshall investigate the circumstances of the child and his family 53 and prepare a written report to the court. 18 1 ( b2) The report shall be delivered to the court with copies to each of 2 the parents or other legal custodianparties prior to the pretrial conference 3 for the adjudicatory hearing. If delivered by mail the report must be received 4 by the court and the parties prior to the pretrial conference for the 5 adjudicatory hearing. The report shall contain a social evaluation of the 6 child and the parents or other legal custodian and such other information as 7 the court shall require. 8 ( c3) The report shall not be considered by the court for purposes of 9 determining whether the child comes within the jurisdiction of the act. The 10 report may be admitted into evidence at the adjudicatory hearing for other 11 purposes. 12 (d) If the court declines to order the department to investigate pursuant13 to subsection (a) of this section, the court shall state the reasons for so14 declining in the record.15 SECTION 19. That Section 16-1609A, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 16-16 09A17. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January 1, 18 1997, the prosecuting attorney in each county shall be responsible for the 19 development of an interagency multidisciplinary team or teams for investiga- 20 tion of child abuse and neglect referrals within each county. The teams shall 21 consist of, but not be limited to, law enforcement personnel, department of 22 health and welfare child protection risk assessment staff, a representative of 23 the prosecuting attorney's office, and any other person deemed to be necessary 24 due to his special training in child abuse investigation. Other persons may 25 participate in investigation of particular cases at the invitation of the team 26 and as determined necessary, such as medical personnel, school officials, men- 27 tal health workers, personnel from domestic violence programs, persons 28 knowledgeable about adaptive equipment and supportive services for parents or 29 guardians with disabilities or the guardian ad litem program. 30 (2) The teams shall develop a written protocol for investigation of child 31 abuse cases and for interviewing alleged victims of such abuse or neglect, 32 including protocols for investigations involving a family member with a dis- 33 ability. Each team shall develop written agreements signed by member agencies, 34 specifying the role of each agency, procedures to be followed to assess risks 35 to the child and criteria and procedures to be followed to ensure the child 36 victim's safety including removal of the alleged offender. 37 (3) Each team member shall be trained in risk assessment, dynamics of 38 child abuse and interviewing and investigatory techniques. 39 (4) Each team shall classify, assess and review a representative selec- 40 tion of cases referred to either the department or to law enforcement entities 41 for investigation of child abuse or neglect. 42 (5) Each multidisciplinary team shall develop policies that provide for 43 an independent review of investigation procedures utilized in cases upon com- 44 pletion of any court actions on those cases. The procedures shall include 45 independent citizen input. Nonoffending parents of child abuse victims shall 46 be notified of the review procedure. 47 (6) Prosecuting attorneys of the various counties may determine that 48 multidisciplinary teams may be most effectively established through the use of 49 joint exercise of powers agreements among more than one (1) county and such 50 agreements are hereby authorized. 51 (7) Lack of review by a multidisciplinary team of a particular case does 52 not defeat the jurisdiction of the court. 19 1 SECTION 20. That Section 16-1609B, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 16-16 09B18. INVESTIGATIVE INTERVIEWS OF ALLEGED CHILD ABUSE VICTIMS. 4 Unless otherwise demonstrated by good cause, all investigative or risk assess- 5 ment interviews of alleged victims of child abuse will be documented by audio 6 or video taping whether conducted by personnel of law enforcement entities or 7 the department of health and welfare. The absence of such audio or video tap- 8 ing shall not limit the admissibility of such evidence in any related court 9 proceeding. 10 SECTION 21. That Section 16-1608, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 16-16 0819. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. 13 ( a1) When a petition has been filed, the court shall set an adjudicatory hear- 14 ing to be held no later than thirty (30) days after the filing of the peti- 15 tion. 16 ( b2) A pretrial conference shall be held outside the presence of the 17 court within three (3) to five (5) days before the adjudicatory hearing. 18 Investigative reports required under section 16-16 0916, Idaho Code, shall be 19 delivered to the court with copies to each of the parents and other legal cus- 20 todians, guardian ad litem and attorney for the child prior to the date set 21 for the pretrial conference. 22 ( c3) 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 ( d4) 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 ( e5) Upon entering its decree the court shall consider any information 33 relevant to the disposition of the child but in any event shall: 34 ( 1a) 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 ( 2b) 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 ( f6) 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 ( d4) 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 ( 1a) Reasonable efforts were made but were not successful in eliminating 51 the need for foster care placement of the child; 52 ( 2b) Reasonable efforts were not made because of immediate danger to the 20 1 child; 2 ( 3c) Reasonable efforts to temporarily place the child with related per- 3 sons were made but were not successful; or 4 ( 4d) Reasonable efforts were not required as the parent had subjected the 5 child to aggravated circumstances as determined by the court including, 6 but not limited to: abandonment; torture; chronic abuse; sexual abuse; 7 committed murder; committed voluntary manslaughter of another child; aided 8 or abetted, attempted, conspired or solicited to commit such a murder or 9 voluntary manslaughter; committed a felony assaultbattery that results in 10 serious bodily injury to anya child; of the parent;or the parental 11 rights of the parent to a sibling of the child have been terminated invol- 12 untarily and that as a result, a hearing to determine the permanent future 13 plan for this child will be held within thirty (30) days of this determi- 14 nation. 15 ( g7) A decree vesting legal custody in the department shall be binding 16 upon the department and may continue until the child's eighteenth birthday. 17 The decree shall state that the department shall prepare a written case plan 18 within thirty (30) days of placement. 19 ( h8) A decree vesting legal custody in an authorized agency other than 20 the department shall be for a period of time not to exceed the child's eigh- 21 teenth birthday, and on such other terms as the court shall state in its 22 decree to be in the best interests of the child and which the court finds to 23 be acceptable to such authorized agency. 24 ( i9) In order to preserve the unity of the family system and to ensure 25 the best interests of the child whether issuing an order of protective super- 26 vision or an order of legal custody, the court may consider extending or ini- 27 tiating a protective order as part of the decree. The protective order shall 28 be determined as in the best interests of the child and upon a showing of con- 29 tinuing danger to the child. The conditions and terms of the protective order 30 shall be clearly stated in the decree. 31 ( j10) If the court does not find that the child comes within the juris- 32 diction of this chapter pursuant to subsection ( d4) of this section it shall 33 dismiss the petition. 34 SECTION 22. That Chapter 16, Title 16, Idaho Code, be, and the same is 35 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 36 ignated as Section 16-1620, Idaho Code, and to read as follows: 37 16-1620. PERMANENCY PLAN -- HEARING. (1) After a judicial determination 38 that reasonable efforts to return the child to his home are not required 39 because the parent has subjected the child to aggravated circumstances as set 40 forth in section 16-1619(6)(d), Idaho Code, the department shall prepare a 41 permanency plan. The plan shall set forth reasonable efforts to place the 42 child for adoption, with a legal guardian, or in another approved permanent 43 placement. 44 (2) Notice of the permanency hearing shall be provided to the parents, 45 legal guardians, guardians ad litem and foster parents, provided however, that 46 foster parents are not thereby made parties to the child protective act 47 action. 48 (3) When it is in the child's best interests, the child's connections to 49 the community, including individuals with a significant relationship to the 50 child, religious organizations and community activities, will be maintained 51 throughout the transition. The plan shall state with specificity the role of 52 the department toward each parent. 21 1 SECTION 23. That Section 16-1610, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 16-16 1021. PLANNINGCASE PLAN HEARING. ( a1) The department shall prepare 4 a written case plan in every case in which the child is determined to be 5 within the jurisdiction of the court, including cases in which the parent(s) 6 is incarcerated. The case plan shall be filed with the court no later than 7 sixty (60) days from the date the child was removed from the home or thirty 8 (30) days after the adjudicatory hearing, whichever occurs first. Copies of 9 the case plan shall be delivered to the parents and other legal guardians, the 10 guardian ad litem and attorney for the child. Within five (5) days of filing 11 the plan, the court shall hold a planning hearing to determine whether to 12 adopt, reject or modify the case plan proposed by the department. 13 ( b2) Notice of the planningcase plan hearing shall be provided to the 14 parents, legal guardians, guardians ad litem and foster parents. Although fos- 15 ter parents are provided notice of this hearing, they are not parties to the 16 child protective act action. 17 ( c3) The case plan shall set forth reasonable efforts which will be made 18 to make it possible for the child to return to his home and shall concurrently 19 include a plan setting forth reasonable efforts to place the child for adop- 20 tion, with a legal guardian, or in another approved permanent placement. When- 21 ever possible, the child's connections to the community, including individuals 22 with a significant relationship to the child, religious organizations and com- 23 munity activities, will be maintained through the transition. The plan shall 24 state with specificity the role of the department toward each parent. and25 shall be for an indeterminate period not to exceed the child's eighteenth26 birthday.27 ( d4) The case plan, as approved by the court, shall be entered into the 28 record as an order of the court. In the absence of a finding of aggravated 29 circumstances as provided for in section 16-1608(f)(4)16-1619(6)(d), Idaho 30 Code, the court's order shall provide that reasonable efforts shall be made to 31 reunify the family in a timely manner in accordance with the case plan or in 32 the alternative to complete the steps necessary to finalize the permanent 33 placement of the child. 34 SECTION 24. That Section 16-1611, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 16-16 1122. REVIEW AND PERMANENCY HEARINGS. ( a1) A motion for revocation 37 or modification of an order issued under section 16-16 0819, Idaho Code, may be 38 filed by the department or any party; provided that no motion may be filed by 39 the respondents under this section within three (3) months of a prior hearing 40 on care and placement of the child. All persons required to be summoned or 41 notified of the original petition pursuant to section 16-16 0611, Idaho Code, 42 shall be served with notice of a motion for review of a child's case. 43 ( b2) If the motion filed under subsection ( a1) of this section alleges 44 that the child's best interests are no longer served by carrying out the order 45 issued under section 16-16 0819, Idaho Code, or the department or other autho- 46 rized agency has failed to provide adequate care for the child, the court 47 shall hold a hearing on the motion. 48 ( c3) A hearing for review of the child's case and permanency plan shall 49 be held no later than six (6) months after entry of the court's order taking 50 jurisdiction under the act, and every six (6) months thereafter, so long as 51 the child is in the custody of the department or authorized agency. 52 ( d4) A hearing shall be held to review the permanency plan of the depart- 22 1 ment prior to twelve (12) months from the date the child is removed from the 2 home or the date of the court's order taking jurisdiction under this chapter, 3 whichever occurs first. The court shall review, approve, reject or modify the 4 permanency plan of the department and review progress in accomplishing the 5 permanency plan. This permanency hearing may be combined with the review hear- 6 ing required under subsection ( c3) of this section. 7 ( e5) By order of the court a hearing officer may be appointed to conduct 8 hearings under this section. 9 ( f6) The department or authorized agency may move the court at any time 10 to vacate any order placing a child in its custody or under its protective 11 supervision. 12 ( g7) The department or any party may move the court requesting relief 13 from the duty imposed on the department pursuant to the provisions of section 14 16-1623(i)16-1629(9), Idaho Code, that it seek termination of parental 15 rights. The court may grant the department's motion if it appears based on 16 compelling reasons in the record that the presumption has been rebutted. 17 SECTION 25. That Chapter 16, Title 16, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 16-1623, Idaho Code, and to read as follows: 20 16-1623. AMENDED DISPOSITION -- REMOVAL DURING PROTECTIVE SUPERVISION. 21 (1) Where the child has been placed under the protective supervision of the 22 department pursuant to section 16-1619, Idaho Code, the child may be removed 23 from his or her home under the following circumstances: 24 (a) A peace officer may remove the child where the child is endangered in 25 his surroundings and prompt removal is necessary to prevent serious physi- 26 cal or mental injury to the child; or 27 (b) The court has ordered, based upon facts presented to the court, that 28 the child should be removed from his or her present conditions or sur- 29 roundings because continuation in such conditions or surroundings would be 30 contrary to the welfare of the child and vesting legal custody in the 31 department or other authorized agency would be in the child's best inter- 32 ests. 33 (2) Upon removal, the child shall be taken to a place of shelter care. 34 (3) When a child under protective supervision is removed from his home, a 35 hearing shall be held within forty-eight (48) hours of the child's removal 36 from the home. At the hearing, the court shall determine whether to vest legal 37 custody in the department or other authorized agency pursuant to section 38 16-1619(5)(b), Idaho Code. 39 (4) In determining whether to vest legal custody in the department or 40 other authorized agency, the court shall consider any information relevant to 41 the redisposition of the child, and in any event shall make detailed written 42 findings based upon facts in the record as required by section 16-1619(6), 43 Idaho Code. 44 (5) An order vesting legal custody with the department or other autho- 45 rized agency under this section shall be treated for all purposes as if such 46 an order had been part of the court's original decree under section 16-1619, 47 Idaho Code. The department shall prepare a written case plan and the court 48 shall hold a case plan hearing within thirty (30) days pursuant to section 49 16-1621, Idaho Code. 50 (6) Each of the parents or legal guardians from whom the child was 51 removed shall be given notice of the redisposition hearing in the same time 52 and manner as required for notice of a shelter care hearing under section 53 16-1615(2) and (3), Idaho Code. 23 1 (7) The redisposition hearing may be continued for a reasonable time upon 2 the request of the parties. 3 SECTION 26. That Section 16-1615, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 16-16 1524. TERMINATION OF PARENT-CHILD RELATIONSHIP. If the child has 6 been placed in the legal custody of the department or under its protective 7 supervision pursuant to section 16-16 0819, Idaho Code, the department may 8 petition the court for termination of the parent and child relationship in 9 accordance with chapter 20, title 16, Idaho Code. Unless there are compelling 10 reasons it would not be in the best interest of the child, the department 11 shall be required to file a petition to terminate parental rights within sixty 12 (60) days of a judicial determination that an infant has been abandoned or 13 that reasonable efforts , as defined inare not required because the parent has 14 subjected the child to aggravated circumstances as determined by the court 15 pursuant to section 16-1608(f)16-1619(6)(d), Idaho Code , are not required16 because the court determines the parent has been convicted of murder or volun-17 tary manslaughter of another sibling of the child or has aided, abetted,18 attempted, conspired or solicited to commit such murder or voluntary man-19 slaughter and/or if the court determines the parent has been convicted of a20 felony assault or battery which resulted in serious bodily injury to the child21 or a sibling. The department shall join as a party to the petition if such a 22 petition to terminate is filed by another party; as well as to concurrently 23 identify, recruit, process and approve a qualified family for adoption unless 24 it is determined that such actions would not be in the best interest of the 25 child, or the child is placed with a relative. If termination of parental 26 rights is granted and the child is placed in the guardianship or legal custody 27 of the department of health and welfare the court, upon petition, shall con- 28 duct a hearing as to the future status of the child within twelve (12) months 29 of the order of termination of parental rights, and every twelve (12) months 30 subsequently until the child is adopted or is in a placement sanctioned by the 31 court. A petition to terminate parental rights shall be filed as a motionin 32 the existingchild protective actionact case. 33 SECTION 27. That Section 16-1617, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 16-16 1725. APPEAL -- EFFECT ON CUSTODY. (1) An interestedaggrieved party 36 aggrieved by any order or decree of the courtmay appeal the following orders 37 or decrees of the court to the district court within thirty (30) days of the 38 filing of such order or decree: 39 (a) An adjudicatory decree entered pursuant to section 16-1619, Idaho 40 Code; 41 (b) Any order subsequent to the adjudicatory decree that vests legal cus- 42 tody of the child in the department or other authorized agency; 43 (c) Any order subsequent to the adjudicatory decree that authorizes or 44 mandates the department to cease reasonable efforts to make it possible to 45 return the child to his home, including an order finding that the parent 46 subjected the child to aggravated circumstances as set forth in section 47 16-1619(6)(d), Idaho Code; or 48 (d) An order of dismissal. 49 (2) Where the order affects the custody of a child, the appeal shall be 50 heard at the earliest practicable time. The pendency of an appeal shall not 51 suspend the order of the court regarding a child, and it shall not discharge 24 1 the child from the legal custody of the authorized agency to whose care he has 2 been committed, unless otherwise ordered by the district court. No bond or 3 undertaking shall be required of any party appealing to the district court 4 under the provisions of this section. Any final order or judgment of the dis- 5 trict court shall be appealable to the supreme court of the state of Idaho in 6 the same manner as appeals in other civil actions. The filing of the notice of 7 appeal shall not, unless otherwise ordered, stay the order of the district 8 court. 9 SECTION 28. That Section 16-1621, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 16-162 16. COURT RECORDS. The court shall keep a record of all court pro- 12 ceedings under this chapter. The records shall be available only to parties to 13 the proceeding, persons having full or partial custody of the subject child 14 and authorized agencies providing protective supervision or having legal cus- 15 tody of the child. Any other person may have access to the records only upon 16 permission by the court and then only if it is shown that such access is in 17 the best interests of the child; or for the purpose of legitimate research. If 18 the records are released for research purposes, the person receiving them must 19 agree not to disclose any information which could lead to the identification 20 of the child. 21 SECTION 29. That Section 16-1616, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 16-16 1627. AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT. ( a1) At any time 24 whether or not a child is under the authority of the court, the court may au- 25 thorize medical or surgical care for a child when: 26 ( 1a) A parent, legal guardian or custodian is not immediately available 27 and cannot be found after reasonable effort in the circumstances of the 28 case; or 29 ( 2b) A physician informs the court orally or in writing that in his pro- 30 fessional opinion, the life of the child would be greatly endangered with- 31 out certain treatment and the parent, guardian or other custodian refuses 32 or fails to consent. 33 ( b2) If time allows in a situation under subsection ( a1)( 2b) of this 34 section, the court shall cause every effort to be made to grant each of the 35 parents or legal guardian or custodian an immediate informal hearing, but this 36 hearing shall not be allowed to further jeopardize the child's life. 37 ( c3) In making its order under subsection ( a1) of this section, the court 38 shall take into consideration any treatment being given the child by prayer 39 through spiritual means alone, if the child or his parent, guardian or legal 40 custodian are adherents of a bona fide religious denomination that relies 41 exclusively on this form of treatment in lieu of medical treatment. 42 ( d4) After entering any authorization under subsection ( a1) of this sec- 43 tion, the court shall reduce the circumstances, finding and authorization to 44 writing and enter it in the records of the court and shall cause a copy of the 45 authorization to be given to the physician or hospital, or both, that was 46 involved. 47 ( e5) Oral authorization by the court is sufficient for care or treatment 48 to be given by and shall be accepted by any physician or hospital. No physi- 49 cian or hospital nor any nurse, technician or other person under the direction 50 of such physician or hospital shall be subject to criminal or civil liability 51 for performance of care or treatment in reliance on the court's authorization, 25 1 and any function performed thereunder shall be regarded as if it were per- 2 formed with the child's and the parent's authorization. 3 SECTION 30. That Section 16-1622, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 16-162 28. SUPPORT OF COMMITTED CHILD. ( a1) Whenever legal custody of a 6 child is vested in someone other than his parents, after due notice to the 7 parent, guardian or other persons legally obligated to care for and support 8 the child, and after a hearing, the court may order and decree that the parent 9 or other legally obligated person shall pay in such a manner as the court may 10 direct a reasonable sum that will cover in whole or in part the support and 11 treatment of the child after an order of temporary custody, if any, or the 12 decree is entered. If the parent or other legally obligated person willfully 13 fails or refuses to pay such sum, the court may proceed against him for con- 14 tempt, or the order may be filed and shall have the effect of a civil judg- 15 ment. 16 ( b2) All child support orders shall notify the obligor that the order 17 will be enforced by income withholding pursuant to chapter 12, title 32, Idaho 18 Code. 19 ( c3) Failure to include these provisions does not affect the validity of 20 the support order or decree. The court shall require that the social security 21 numbers of both the obligor and obligee be included in the order or decree. 22 SECTION 31. That Section 16-1623, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 16-162 39. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in 25 conjunction with the court and other public and private agencies and persons, 26 shall have the primary responsibility to implement the purpose of this chap- 27 ter. To this end, the department is empowered and shall have the duty to do 28 all things reasonably necessary to carry out the purpose of this chapter, 29 including, but not limited to, the following: 30 ( a1) The department shall administer treatment programs for the protec- 31 tion and care of neglected, abused and abandoned children, and in so doing may 32 place in foster care, shelter care, or other diagnostic, treatment, or care 33 centers or facilities, children of whom it has been given custody. The depart- 34 ment is to be governed by the standards found in chapter 12, title 39, Idaho 35 Code. 36 ( b2) On December 1, the department shall make an annual statistical 37 report to the governor covering the preceding fiscal year showing the number 38 and status of persons in its custody and including such other data as will 39 provide sufficient facts for sound planning in the conservation of children 40 and youth. All officials and employees of the state and of every county and 41 city shall furnish the department upon request, such information within their 42 knowledge and control as the department deems necessary. Local agencies shall 43 report in such uniform format as may be required by the department. 44 ( c3) The department shall be required to maintain a central registry for 45 the reporting of child neglect, abuse and abandonment information. Provided 46 however, that the department shall not retain any information for this purpose 47 relating to a child, or parent of a child, abandoned pursuant to chapter 8 12, 48 title 39, Idaho Code. 49 ( d4) The department shall make periodic evaluation of all persons in its 50 custody or under its supervision for the purpose of determining whether exist- 51 ing orders and dispositions in individual cases shall be modified or continued 26 1 in force. Evaluations may be made as frequently as the department considers 2 desirable and shall be made with respect to every person at intervals not 3 exceeding six (6) months. Reports of evaluation made pursuant to this section 4 shall be filed with the court which vested custody of the person with the 5 department. Reports of evaluation shall be provided to persons having full or 6 partial legal or physical custody of a child. Failure of the department to 7 evaluate a person or to reevaluate him within six (6) months of a previous 8 examination shall not of itself entitle the person to a change in disposition 9 but shall entitle him, his parent, guardian or custodian or his counsel to 10 petition the court pursuant to section 16-16 1122, Idaho Code. 11 ( e5) In a consultive capacity, the department shall assist communities in 12 the development of constructive programs for the protection, prevention and 13 care of children and youth. 14 ( f6) The department shall keep written records of investigations, evalua- 15 tions, prognoses and all orders concerning disposition or treatment of every 16 person over whom it has legal custody. Department records shall be subject to 17 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise 18 ordered by the court, the person consents to the disclosure, or disclosure is 19 necessary for the delivery of services to the person. Notwithstanding the pro- 20 visions restricting disclosure or the exemptions from disclosure provided in 21 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the 22 rehabilitation of youth, the protection of children, evaluation, treatment 23 and/or disposition records pertaining to the statutory responsibilities of the 24 department shall be disclosed to any duly elected state official carrying out 25 his official functions. 26 ( g7) The department shall establish appropriate administrative procedures 27 for the processing of complaints of child neglect, abuse and abandonment 28 received and for the implementation of the protection, treatment and care of 29 children formally or informally placed in the custody of the department under 30 this chapter. 31 ( h8) The department having been granted legal custody of a child, subject 32 to the judicial review provisions of this subsection, shall have the right to 33 determine where and with whom the child shall live, provided that the child 34 shall not be placed outside the state without the court's consent. Provided 35 however, that the court shall retain jurisdiction over the child, which juris- 36 diction shall be entered on any order or petition granting legal custody to 37 the department, and the court shall have jurisdiction over all matters relat- 38 ing to the child. The department shall not place the child in the home from 39 which the court ordered the child removed without first obtaining the approval 40 of the court. 41 ( i9) The department shall give to the court any information concerning 42 the child that the court may at any time require, but in any event shall 43 report the progress of the child under its custody at intervals of not to 44 exceed six (6) months. The department shall file with the court at least five 45 (5) days prior to the permanency hearing under section 16-16 1122, Idaho Code, 46 the permanency plan and recommendations of the department. There shall be a 47 rebuttable presumption that if a child is placed in the custody of the depart- 48 ment and was also placed in out of the home care for a period not less than 49 fifteen (15) out of the last twenty-two (22) months from the date the child 50 entered shelter care, the department shall initiate a petition for termination 51 of parental rights. This presumption may be rebutted by a finding of the court 52 that the filing of a petition for termination of parental rights would not be 53 in the best interests of the child or reasonable efforts have not been pro- 54 vided to reunite the child with his family, or the child is placed permanently 55 with a relative. 27 1 ( j10) The department shall establish appropriate administrative procedures 2 for the conduct of administrative reviews and hearings as required by federal 3 statute for all children committed to the department and placed in out of the 4 home care. 5 ( k11) At any time the department is considering a placement pursuant to 6 this act, the department shall make a reasonable effort to place the child in 7 the least disruptive environment to the child and in so doing may consider, 8 without limitation, placement of the child with related persons. 9 SECTION 32. That Section 16-1624, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 16-16 2430. OTHER DUTIES OF THE DEPARTMENT -- EXCEPTIONS. (1) Nothing in 12 this chapter shall be construed as modifying duties of the department as 13 described in sections 56-204A and 56-204B, Idaho Code. 14 (2) Nothing in this chapter shall be construed as assigning or imposing 15 duties or responsibilities on the department by those provisions of this chap- 16 ter relating to guardian ad litem. 17 SECTION 33. That Section 16-1625, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 16-16 2531. AUTHORIZATION FOR DEPARTMENT TO ACT. ( a1) Upon receiving 20 information that a child may be abused, neglected or abandoned, the department 21 shall cause such investigation to be made in accordance with this chapter as 22 is appropriate. In making the investigation the department shall use its own 23 resources, and may enlist the cooperation of peace officers for phases of the 24 investigation for which they are better equipped. Upon satisfying itself as to 25 the course of action which should be pursued to best accord with the purpose 26 of this chapter, the department shall: 27 ( 1a) rResolve the matter in such informal fashion as is appropriate under 28 the circumstances; or 29 ( 2b) sSeek to enter a voluntary agreement with all concerned persons to 30 resolve the problem in such a manner that the child will remain in his own 31 home; or 32 ( 3c) rRefer the matter to the prosecutor or attorney general with recom- 33 mendation that appropriate action be taken under this chapter; or 34 ( 4d) rRefer the matter to the prosecutor or attorney general with recom- 35 mendation that appropriate action be taken under other laws. 36 ( b2) In the event that the department concludes that a voluntary agree- 37 ment pursuant to subsection ( a1)( 2b) of this section should be used, the 38 agreement shall be in writing, shall state the behavioral basis of each parent 39 and necessary third person, shall contain such other terms as the department 40 and each parent having joint custody shall deem appropriate under the circum- 41 stances, shall utilize such resources as are available to the department from 42 any source and are considered appropriate to the situation, shall specify the 43 services or treatment to be undertaken, shall be signed by all persons, 44 including: 45 ( 1a) tThe child if appropriate; 46 ( 2b) eEvery parent having joint custody of the subject child; 47 ( 3c) aAny other full or part-time resident of the home; 48 ( 4d) aAll other persons the department considers necessary to the 49 agreement's success; 50 and shall specify the responsibilities of each party to the agreement, which 51 responsibilities shall be thoroughly explained to each person orally. The 28 1 agreement shall not run for more than one (1) year. Copies shall be given to 2 all signatories. 3 SECTION 34. That Section 16-1630, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 16-163 02. CHILD ADVOCATE COORDINATOR -- DUTIES -- ANNUAL REPORT. 6 ( a1) The persons or entities receiving moneys from the grant administrator to 7 coordinate a guardian ad litem program in a judicial district may be required 8 by the terms of the grant to perform any or all of the following duties: 9 ( 1a) To establish, maintain and coordinate a district-widedistrictwide 10 guardian ad litem program consistent with the provisions of this chapter; 11 ( 2b) To furnish the necessary administrative and staffing services as may 12 from time to time be required; 13 ( 3c) To act as a central clearinghouse and coordinator for the purpose of 14 providing guardians ad litem for children brought within the purview of 15 this chapter; 16 ( 4d) To seek to have each child brought within the purview of this chap- 17 ter available to him a guardian ad litem throughout each stage of any 18 child protective proceeding; 19 ( 5e) To establish a program for attorneys to represent guardians ad 20 litem, whether or not appointed by the court in conjunction with the 21 local, district-widedistrictwide, and state bar associations; 22 ( 6f) To the extent possible to establish a district-widedistrictwide 23 program to recruit volunteer guardians ad litem sufficient to provide ser- 24 vices in each county of the judicial district; 25 ( 7g) In conjunction with the department, prosecuting attorneys and city 26 and county law enforcement officials, mental health professionals, social 27 workers, school counselors and the medical community, the coordinators may 28 assist in the development and implementation ,of a statewide uniform pro- 29 tocol for the investigation of allegations of abuse, neglect or abandon- 30 ment pursuant to the provisions of this chapter; 31 ( 8h) To develop uniform criteria to screen, select, train and remove 32 guardians ad litem; 33 ( 9i) To establish a priority list of those proceedings under this chapter 34 in which a guardian ad litem shall be appointed in districts where there 35 are insufficient numbers of guardians ad litem. 36 ( b2) Each child advocate coordinator shall submit an annual report for 37 the preceding fiscal year to the grant administrator for delivery to the leg- 38 islature no later than ten (10) days following the start of each regular ses- 39 sion. Such report shall contain the number and type of proceedings filed in 40 the district under this chapter, the number of children subject to proceedings 41 in the district under this chapter and the number of appointed guardians ad 42 litem, the nature of services the guardians ad litem provided, the number of 43 guardians ad litem trained in each district, the number of hours of service 44 provided by guardians ad litem and attorneys and a complete financial state- 45 ment for the past year and financial support requirements for the next fiscal 46 year. 47 SECTION 35. That Section 16-1631, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 16-163 13. GUARDIAN AD LITEM -- DUTIES. Subject to the direction of the 50 court, the guardian ad litem shall have the following duties which shall con- 51 tinue until resignation of the guardian ad litem or until the court removes 29 1 the guardian ad litem or no longer has jurisdiction, whichever first occurs: 2 ( a1) To conduct an independent factual investigation of the circumstances 3 of the child including, without limitation, the circumstances described in the 4 petition. 5 ( b2) To file with the court a written report stating the results of the 6 investigation, the guardian ad litem's recommendations and such other informa- 7 tion as the court may require. The guardian ad litem's written report shall be 8 delivered to the court, with copies to all parties to the case at least five 9 (5) days before the date set for the adjudicatory hearing. The report shall 10 not be admitted into evidence at the adjudicatory hearing, and shall be used 11 by the court only for disposition if the child is found to be within the pur- 12 view of the act. 13 ( c3) To act as an advocate for the child for whom appointed at each stage 14 of proceedings under this chapter and is charged with the general representa- 15 tion of the child. To that end, the guardian ad litem shall participate fully 16 in the proceedings and to the degree necessary to adequately represent the 17 child, and shall be entitled to confer with the child, and the child's sib- 18 lings and parents. 19 ( d4) To facilitate and negotiate to insureensure that the court, the 20 department, if applicable, and the child's attorney, if any, fulfill their 21 obligations to the child in a timely fashion. 22 ( e5) To monitor the circumstances of a child, if the child is found to be 23 within the purview of the act, to assure compliance with law and to assure 24 that the terms of the court's orders are being fulfilled and remain in the 25 best interest of the child. 26 ( f6) To meet with any parent having joint legal or physical custody of 27 the child, record the concerns of the parent, and report them to the court or 28 file an affidavit stating why no meeting occurred. 29 ( g7) To maintain all information regarding the case confidential and to 30 not disclose the same except to the court or to other parties to the case. 31 ( h8) Such other and further duties as may be expressly imposed by the 32 court order. 33 SECTION 36. That Section 16-1632, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 16-163 24. GUARDIAN AD LITEM -- RIGHTS AND POWERS. The guardian ad litem 36 will have the following rights and powers, which shall continue until resigna- 37 tion of the guardian ad litem or until the court removes the guardian ad litem 38 or no longer has jurisdiction, whichever first occurs: 39 ( a1) The guardian ad litem, if represented by counsel, may file plead- 40 ings, motions, memoranda and briefs on behalf of the child, and shall have all 41 of the rights of a party whether conferred by statute, rule of court or other- 42 wise. 43 ( b2) All parties to any proceeding under this chapter shall promptly 44 notify the guardian ad litem and the guardian's attorney of all hearings, 45 staffings, investigations, depositions and significant changes of circum- 46 stances of the child. 47 ( c3) Except to the extent prohibited or regulated by federal law or by 48 the provisions of chapter 8 12, title 39, Idaho Code, upon presentation of a 49 copy of the order appointing guardian ad litem, any person or agency, includ- 50 ing, without limitation, any hospital, school, organization, department of 51 health and welfare, doctor, nurse, or other health care provider, psycholo- 52 gist, psychiatrist, police department or mental health clinic shall permit the 53 guardian ad litem to inspect and copy pertinent records necessary for the pro- 30 1 ceeding for which the guardian is appointed relating to the child and parent 2 without consent of the child or parents. 3 SECTION 37. That Section 16-1633, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 16-163 35. IMMUNITY FROM LIABILITY. Any person appointed as a guardian ad 6 litem, the coordinator, or a guardian ad litem volunteer program employee 7 shall be personally immune from any liability for acts, omissions or errors in 8 the same manner as if such person were a volunteer officer or director under 9 the provisions of section 6-1605, Idaho Code. 10 SECTION 38. That Section 16-1634, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 16-163 46. COMPLIANCE WITH FEDERAL LAW. For the purposes of the child 13 abuse prevention and treatment act, 42 U.S.C. sections 5101 et seq., grant to 14 this state under public law no. 93-247, or any related state or federal legis- 15 lation, a guardian ad litem or other person appointed pursuant to section 16 16-161 84, Idaho Code, shall be deemed a guardian ad litem to represent the 17 interests of the minor in proceedings before the court. Any provisions of this 18 actchapter which shall cause this state to lose federal funding shall be con- 19 sidered null and void. 20 SECTION 39. That Section 16-1635, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 16-163 57. EXEMPTION. Any person appointed as a guardian ad litem by court 23 order shall be exempt from the provisions of chapter 32, title 54, Idaho Code. 24 SECTION 40. That Section 16-1636, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 16-163 68. GUARDIAN AD LITEM ACCOUNT -- CREATION. ( a1) There is hereby 27 created an account in the agency asset fund in the state treasury to be desig- 28 nated the guardian ad litem account. 29 ( b2) The account shall consist of: 30 ( 1a) Moneys appropriated to the account; 31 ( 2b) Donations, gifts and grants to the account from any source; and 32 ( 3c) Any other moneys which may hereafter be provided by law. 33 ( c3) Moneys in the account may be expended for the purposes provided in 34 sections 16-163 02 through 16-163 68, Idaho Code. Interest earned on the 35 investment of idle money in the guardian ad litem account shall be returned to 36 the guardian ad litem account. 37 ( d4) Disbursements of moneys from the account shall be by appropriation 38 from the legislature to the supreme court, which shall in turn make payment of 39 available moneys, upon request, to the grant administrator for the payment of 40 grants to qualified recipients and for expenses incurred for carrying out the 41 provisions of this actchapter. 42 SECTION 41. That Section 16-1637, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 16-163 79. GUARDIAN AD LITEM GRANTS. The grant administrator is hereby 45 authorized and directed to award and administer grants from the money which 31 1 shall be from time to time available to him from the guardian ad litem 2 account. The foregoing power and authorization shall be subject to the fol- 3 lowing provisions: 4 ( a1) Grants may be made available to any person, organization, corpora- 5 tion, or agency for any of the following purposes: 6 ( 1a) To enable such entity to act as the child advocate coordinator in 7 any judicial district. 8 ( 2b) To enable such entity to recruit, organize and administer a panel of 9 guardians ad litem and volunteer lawyers to represent guardians ad litem. 10 ( 3c) To enable such entity to recruit, organize, train and support per- 11 sons or entities to act as guardian ad litem coordinators in judicial dis- 12 tricts which do not yet have guardian ad litem coordinators. 13 ( 4d) To enable such entity to pay the administrative and other miscella- 14 neous expenses incurred in carrying out the provisions of the guardian ad 15 litem program. 16 ( b2) The grant administrator shall endeavor in his allocation of funds 17 available to him to foster the development and operation of a guardian ad 18 litem program in each judicial district in the state; provided, however, the 19 grant administrator shall have no obligation to seek out or organize child 20 advocate coordinators or persons willing to act as such in judicial districts 21 lacking a child advocate coordinator. 22 ( c3) Funds available to the grant administrator from the guardian ad 23 litem account may be also used to pay the grant administrator's cost of per- 24 forming its duties and obligations pursuant to this chapter. 25 SECTION 42. That Section 16-1626, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 16-16 2640. ADMINISTRATIVE PROCEDURE SACT. Nothing in this chapter shall 28 be construed to alter the requirements provided in Cchapter 52, Ttitle 67, 29 Idaho Code. 30 SECTION 43. That Section 16-1627, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 16-16 2741. CONSTRUCTION. This chapter shall be liberally construed to 33 accomplish the purposes herein set forth. 34 SECTION 44. That Section 16-1628, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 16-16 2842. SHORT TITLE. This chapter shall be known and cited as the 37 "Child Protective Act." 38 SECTION 45. That Section 16-1629, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 16-16 2943. SEVERABILITY. The provisions of this chapter are hereby 41 declared to be severable and if any provision of this chapter or the applica- 42 tion of such provision to any person or circumstance is declared invalid for 43 any reason, such declaration shall not affect the validity of remaining por- 44 tions of this chapter. 45 SECTION 46. That Section 16-2001, Idaho Code, be, and the same is hereby 46 amended to read as follows: 32 1 16-2001. PURPOSE. (1) The purpose of this actchapter is to: 2 (a) P provide for voluntary and involuntary severance of the parent and 3 child relationship and for substitution of parental care and supervision 4 by judicial process, thereby safeguarding the rights and interests of all 5 parties concerned and promoting their welfare and that of the state of 6 Idaho; and 7 (b) Provide permanency for children who are under the jurisdiction of the 8 court through the child protective act, chapter 16, title 16, Idaho Code, 9 where the court has found the existence of aggravated circumstances or 10 that reasonable efforts to return the child to his or her home have 11 failed. 12 (2) Implicit in this actchapter is the philosophy that wherever possible 13 family life should be strengthened and preserved and that the issue of 14 severing the parent and child relationship is of such vital importance as to 15 require a judicial determination in place of attempts at severance by contrac- 16 tual arrangements, express or implied, for the surrender and relinquishment of 17 children. Nothing in this chapter shall be construed to allow discrimination 18 in favor of, or against, on the basis of disability. 19 SECTION 47. That Section 16-2002, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 16-2002. DEFINITIONS. When used in this actchapter, unless the text 22 otherwise requires: 23 a.(1) "Court" means the district court or magistrate's division thereof 24 or, if the context requires, a judge or magistrate thereof. 25 b.(2) "Child" or "minor" means a person less thanany individual who is 26 under the age of eighteen (18) years. of age.27 c. The singular includes the plural, the plural the singular, and the28 masculine the feminine, when consistent with the intent of the act.29 d.(3) "Neglected" used with respect to a child refers to those situations30 in which the child lacks proper support or parental care necessary for his31 health, morals, and well-beingmeans: 32 (a) Conduct as defined in section 16-1602(25), Idaho Code; or 33 (b) The parent(s) has failed to comply with the court's orders in a child 34 protective act case or the case plan, and reunification of the child with 35 his or her parent(s) has not occurred within the time standards set forth 36 in section 16-1629(9), Idaho Code. 37 e.(4) "Abused" used with respect to a child refers to those situations in38 which physical cruelty in excess of that required for reasonable disciplinary39 purposes has been inflicted by a parent or other person in whom legal custody40 of the child has been vestedmeans conduct as defined in section 16-1602(1), 41 Idaho Code. 42 (5) "Abandoned" means the parent has willfully failed to maintain a nor- 43 mal parental relationship including, but not limited to, reasonable support or 44 regular personal contact. Failure of the parent to maintain this relationship 45 without just cause for a period of one (1) year shall constitute prima facie 46 evidence of abandonment under this section; provided however, where termina- 47 tion is sought by a grandparent seeking to adopt the child, the willful fail- 48 ure of the parent to maintain a normal parental relationship as provided 49 herein without just cause for six (6) months shall constitute prima facie evi- 50 dence of abandonment. 51 f.(6) "Legal custody" means status created by court order embodyingwhich 52 vests in a custodian the following rights and responsibilities: 53 ( 1a) The right toTo have physical possessioncustody and control of the 33 1 child and to determine where and with whom the child shall live; 2 ( 2b) The right and duty to protect, train and disciplineTo supply the 3 child with food, clothing, shelter and incidental necessities; and4 ( 3c) The responsibility tTo provide the child with food, shelter, educa-5 tion and medicalcare, education and discipline; and 6 (d) To authorize medical, dental, psychiatric, psychological and other 7 remedial care and treatment for the child, including care and treatment in 8 a facility with a program of services for children; 9 provided that such rights and responsibilities shall be exercised subject to 10 the powers, rights, duties and responsibilities of the guardian of the person. 11 g.(7) "Guardianship of the person" means those rights and duties imposed 12 upon a person appointed as guardian of a minor under the laws of Idaho. It 13 includes but is not necessarily limited either in number or kind to: 14 ( 1a) The authority to consent to marriage, to enlistment in the armed 15 forces of the United States, and to major medical, psychiatric and surgi- 16 cal treatment; to represent the minor in legal actions; and to make other 17 decisions concerning the child of substantial legal significance; 18 ( 2b) The authority and duty of reasonable visitation, except to the 19 extent that such right of visitation has been limited by court order; 20 ( 3c) The rights and responsibilities of legal custody except where legal 21 custody has been vested in another individual or in an authorized child 22 placement agency; 23 ( 4d) When the parent and child relationship has been terminated by judi- 24 cial decree with respect to the parents, or only living parent, or when 25 there is no living parent, the authority to consent to the adoption of the 26 child and to make any other decision concerning the child which the 27 child's parents could make. 28 h.(8) "Guardian ad litem" means a person appointed as suchby the court 29 pursuant to law, by the court to protect the interest of a minor or an incom-30 petent in a case before the courtsection 16-1614 or 5-306, Idaho Code. 31 i.(9) "Authorized agency" means the statedepartment, of health and wel-32 fare or a voluntary child placement agency licensed to care for and place33 children by the state department of health and welfarea local agency, a per- 34 son, an organization, corporation, benevolent society or association licensed 35 or approved by the department or the court to receive children for control, 36 care, maintenance or placement. 37 (10) "Department" means the department of health and welfare and its 38 authorized representatives. 39 j.(11) "Parent" means: 40 ( 1a) The birth mother or the adoptive mother; 41 ( 2b) The adoptive father; 42 ( 3c) The biological father of a child conceived or born during the 43 father's marriage to the birth mother; and 44 ( 4d) The unmarried biological father whose consent to an adoption of the 45 child is required pursuant to section 16-1504, Idaho Code. ;46 (5) A man whose paternity is established by court decree; and47 (6) An unmarried biological father who has filed a voluntary acknowledg-48 ment of paternity with the vital statistics unit of the department of49 health and welfare pursuant to section 7-1106, Idaho Code; and50 (7) The father of an illegitimate child who has adopted the child by51 acknowledgment pursuant to section 16-1510, Idaho Code.52 k.(12) "Presumptive father" means a man who is or was married to the birth 53 mother and the child is born during the marriage or within three hundred (300) 54 days after the marriage is terminated. 55 l.(13) "Parent and child relationship" includes all rights, privileges, 34 1 duties and obligations existing between parent and child, including inheri- 2 tance rights, and shall be construed to include adoptive parents. 3 m. "Protective supervision" means a legal status created by court order4 in proceedings not involving violations of the law but where the legal custody5 of the child is subject to change, whereby the child is permitted to remain in6 his home under the supervision of an authorized agency designated by the court7 and is subject to return to the court during the period of protective supervi-8 sion.9 n.(14) "Parties" includes the child and the petitioners. 10 o. "Rape," (18-6101, Idaho Code); "lewd conduct with a minor child under11 sixteen," (18-1508, Idaho Code); "sexual abuse of a child under the age of12 sixteen years," (18-1506, Idaho Code); and "incest" (18-6602, Idaho Code)13 shall be defined as provided in the applicable provisions of title 18, Idaho14 Code, but for purposes of this chapter shall not include any circumstance15 where the parents of the child in question were married at the time of concep-16 tion.17 p.(15) "Unmarried biological father," as used in this chapter and chapter 18 15, title 16, Idaho Code, means the biological father of a child , which bio-19 logical fatherwho was not married to the child's mother at the time the child 20 was conceived or born. 21 q.(16) "Unmarried biological mother," as used in this chapter, means the 22 biological mother of a child , which biological motherwho was not married to 23 the child's biological father at the time the child was conceived or born. 24 r.(17) "Disability" means, with respect to an individual, any mental or 25 physical impairment which substantially limits one (1) or more major life 26 activities of the individual including, but not limited to, self-care, manual 27 tasks, walking, seeing, hearing, speaking, learning, or working, or a record 28 of such an impairment, or being regarded as having such an impairment. Dis- 29 ability shall not include transvestism, transsexualism, pedophilia, 30 exhibitionism, voyeurism, other sexual behavior disorders, or substance use 31 disorders, compulsive gambling, kleptomania, or pyromania. Sexual preference 32 or orientation is not considered an impairment or disability. Whether an 33 impairment substantially limits a major life activity shall be determined 34 without consideration of the effect of corrective or mitigating measures used 35 to reduce the effects of the impairment. 36 s.(18) "Adaptive equipment" means any piece of equipment or any item that 37 is used to increase, maintain, or improve the parenting abilities of a parent 38 with a disability. 39 t.(19) "Supportive services" means services which assist a parent with a 40 disability to compensate for those aspects of their disability which affect 41 their ability to care for their child and which will enable them to discharge 42 their parental responsibilities. The term includes specialized or adapted 43 training, evaluations, or assistance with effective use of adaptive equipment, 44 and accommodations which allow a parent with a disability to benefit from 45 other services, such as Braille texts or sign language interpreters. 46 SECTION 48. That Section 16-2003, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 16-2003. JURISDICTION. The court shall have exclusive original jurisdic- 49 tion, other than as provided in title 32, Idaho Code, to hear petitions to 50 terminate the parent and child relationship when the child is present in the 51 state. When a court has jurisdiction over the child under the child protective 52 act, chapter 16, title 16, Idaho Code, that court shall have exclusive juris- 53 diction of the action to terminate parental rights unless it consents to a 35 1 different venue or jurisdiction in the best interests of the child. 2 SECTION 49. That Section 16-2005, Idaho Code, be, and the same is hereby 3 amended to read as follows: 4 16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. (1) The court 5 may grant an order terminating the relationship where it finds that termina- 6 tion of parental rights is in the best interests of the child and that one (1) 7 or more of the following conditions exist: 8 (a) .The parent has abandoned the child. by having willfully failed to9 maintain a normal parental relationship including, but not limited to,10 reasonable support or regular personal contact; failure of the parent to11 maintain this relationship without just cause for a period of one (1) year12 shall constitute prima facie evidence of abandonment under this section.13 Provided further, that where termination is sought by a grandparent seek-14 ing to adopt the child, willful failure of the parent to maintain a normal15 parental relationship as provided herein, without just cause, for six (6)16 months shall constitute prima facie evidence of abandonment.17 (b) .The parent has neglected or abused the child. Neglect as used herein18 shall mean a situation in which the child lacks parental care necessary19 for his health, morals and well-being.20 (c) .The presumptive parent is not the naturalbiological parent of the 21 child. 22 (d) .The parent is unable to discharge parental responsibilities and such 23 inability will continue for a prolonged indeterminate period and will be 24 injurious to the health, morals or well-being of the child. 25 (e) The parent has been incarcerated and is likely to remain incarcerated 26 for a substantial period of time during the child's minority. 27 (2) The court may grant an order terminating the relationship and may 28 rebuttably presume that such termination of parental rights is in the best 29 interests of the child where: 30 (a) The parent caused the child to be conceived as a result of rape, 31 incest, lewd conduct with a minor child under the age of sixteen (16) 32 years, or sexual abuse of a child under the age of sixteen (16) years, as 33 defined in sections 18-6101, 18-1508, 18-1506 and 18-6602, Idaho Code; 34 (b) The parent has subjected the child to torture, chronic abuse or sex- 35 ual abuse, has committed murder or intentionally killed the other parent 36 of the child, has committed murder or voluntary manslaughter of another 37 child or has aided, abetted, conspired or solicited to commit such murder 38 or voluntary manslaughter, and/or has committed battery which resulted in 39 serious bodily injury to a child; or 40 (c) The court determines the child to be an abandoned infant, except in a 41 parental termination action brought by one (1) parent against another par- 42 ent. 43 e.(3) IfThe court may grant an order terminating the relationship if 44 termination is found to be in the best interest of the parent and child , where45 the petition has been filed by a parent or through an authorized agency, or46 interested party. 47 f.(4) WhereThe court may grant an order terminating the relationship 48 where a consent to termination in the manner and form prescribed by this act49 chapter has been filed by the parent(s) of the child in conjunction with a 50 petition for adoption initiated by the person or persons proposing to adopt 51 the child, or where the consent to termination has been filed by a licensed 52 adoption agency, no subsequent hearing on the merits of the petition shall be 53 held. Consents required by this actchapter must be witnessed by a district 36 1 judge or magistrate of a district court, or equivalent judicial officer of the 2 state, where a person consenting resides or is present, whether within or 3 without the county, and shall be substantially in the following form: 4 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 5 AND FOR THE COUNTY OF .... 6 In the Matter of the termination ) 7 of the parental rights of ) 8 ................... ) 9 ................... ) 10 I (we), the undersigned, being the .... of ...., do hereby give my (our) 11 full and free consent to the complete and absolute termination of my (our) 12 parental right(s), to the said ...., who was born ...., ...., unto ...., 13 hereby relinquishing completely and forever, all legal rights, privileges, 14 duties and obligations, including all rights of inheritance to and from the 15 said ...., and I (we) do hereby expressly waive my (our) right(s) to hearing 16 on the petition to terminate my (our) parental relationship with the said 17 ...., and respectfully request the petition be granted. 18 DATED: ...., 20.. 19 ................. 20 STATE OF IDAHO ) 21 ) ss. 22 COUNTY OF .... ) 23 On this .... day of ...., 20.., before me, the undersigned ...., .... 24 (Judge or Magistrate) of the District Court of the .... Judicial District of 25 the state of Idaho, in and for the county of ...., personally appeared ...., 26 known to me (or proved to me on the oath of ....) to be the person(s) whose 27 name(s) is (are) subscribed to the within instrument, and acknowledged to me 28 that he (she, they) executed the same. 29 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 30 seal the day and year in this certificate first above written. 31 ...................... (District Judge or Magistrate) 32 The court shall accept a consent or a surrender and release executed in 33 another state if: 34 (1) It is witnessed by a magistrate or district judge of the state where 35 signed; or 36 (2) The court receives an affidavit or a certificate from a court of com- 37 parable jurisdiction stating that the consent or the surrender and release 38 was executed in accordance with the laws of the state in which it was exe- 39 cuted, or the court is satisfied by other showing that the consent or sur- 40 render and release was executed in accordance with the laws of the state 41 in which it was executed; or 42 (3) The court shall accept a termination or relinquishment from a sister 43 state that has been ordered by a court of competent jurisdiction under 44 like proceedings; or in any other manner authorized by the laws of a sis- 45 ter state. In a state where the father has failed to file notice of claim 46 to paternity and willingness to assume responsibility as provided for pur- 47 suant to the laws of such state, and where such failure constitutes an 48 abandonment of such child and constitutes a termination or relinquishment 49 of the rights of the putative father, the court shall accept such failure 50 as a termination in this state without further hearing on the merits, if 51 the court is satisfied that such failure constitutes a termination or 52 relinquishment of parental rights pursuant to the laws of that state. 53 g.(5) Unless a consent to termination signed by the parent(s) of the 54 child has been filed by an adoption agency licensed in the state of Idaho, or 55 unless the consent to termination was filed in conjunction with a petition for 37 1 adoption of the child, the court shall hold a hearing. 2 h. The court may grant termination as to a parent:3 (1) Who caused the child to be conceived as a result of rape, incest,4 lewd conduct with a minor child under sixteen (16) years, or sexual abuse5 of a child under the age of sixteen (16) years, as defined in section6 16-2002 o., Idaho Code; or7 (2) Who murdered or intentionally killed the other parent of the child;8 or if the court determines the parent has been convicted of murder or vol-9 untary manslaughter of another sibling of the child or has aided, abetted,10 conspired or solicited to commit such murder or voluntary manslaughter11 and/or if the court determines the parent has been convicted of a felony12 assault or battery which resulted in serious bodily injury to the child or13 a sibling; or14 (3) Who has been incarcerated and has no possibility of parole; or15 (4) If a court determines the child to be an abandoned infant.16 There is a rebuttable presumption that termination of the parent-child rela-17 tionship in any of the circumstances provided in subsection g. of this section18 is in the best interest of the child.19 i.(6) If the parent has a disability, as defined in this chapter, the 20 parent shall have the right to provide evidence to the court regarding the 21 manner in which the use of adaptive equipment or supportive services will 22 enable the parent to carry out the responsibilities of parenting the child. 23 Nothing in this section shall be construed to create any new or additional 24 obligation on state or local governments to purchase or provide adaptive 25 equipment or supportive services for parents with disabilities. 26 SECTION 50. That Section 16-2007, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. (1) After a petition has 29 been filed, the court shall set the time and place for hearing. , andThe peti- 30 tioner shall causegive notice thereof to be given to the petitioner, the par-31 ents of the child if married, the mother of the child if unmarried, those per-32 sons entitled to notice pursuant to section 16-1513, Idaho Code, the guardian33 of the person of the child, the personto any person entitled to notice under 34 section 16-1505, Idaho Code, the authorized agency having legal custody of the 35 child , any individual standing in loco parentis to the child,and the guardian 36 ad litem of any party, or if service cannot be had on the parent or guardian,37 then upon the nearest blood relative named in the petition. The division of38 welfare ofthe child and of a parent. The petitioner shall give notice to the 39 Idaho department of health and welfare shall be given notice of the hearingif 40 the petition for termination was not filed in conjunction with a petition for 41 adoption or by an adoption agency licensed by the state of Idaho. 42 (2) Notice shall be given by personal service on the parents or guardian. 43 Where reasonable efforts to effect personal service have been unsuccessful or 44 are impossible because the whereabouts of parties entitled to notice are not 45 known or reasonably ascertainable, the court shall order service by registered 46 or certified mail to the last known address of the person to be notified and 47 by publication once a week for three (3) successive weeks in a newspaper or 48 newspapers to be designated by the court as most likely to give notice to the 49 person to be served. The hearing shall take place no sooner than ten (10) days 50 after service of notice, or where service is by registered or certified mail 51 and publication, the hearing shall take place no sooner than ten (10) days 52 after the date of last publication. 53 (3) Notice and appearance may be waived by a parent in writing before the38 1 court or in the presence of, and witnessed by, a clerk of court or a represen-2 tative of an authorized agency, provided that such parent has been apprised by3 the court or by such person of the meaning and consequences of the termination4 action. Where the parent resides outside the state, the waiver shall be5 acknowledged before a notary of the state and shall contain the current6 address of the parent. The parent who has executed such a waiver shall not be7 required to appearand witnessed by a district judge or magistrate of a dis- 8 trict court, or equivalent judicial officer of the state, where a person waiv- 9 ing notice and appearance resides or is present, whether within or without the 10 county, and shall be substantially in the following form: 11 IN THE DISTRICT COURT OF THE .... JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN 12 AND FOR THE COUNTY OF .... 13 In the Matter of the termination ) 14 of the parental rights to ) 15 ................... ) 16 ................... ) 17 (a) minor child(ren) 18 I (we), the undersigned, being the .... of ...., do hereby waive my (our) 19 right to notice and my (our) right to appear in any action seeking termination 20 of my (our) parental rights. I (we) understand that by waiving notice and 21 appearance my (our) parental right(s), to the said ...., who was born ...., 22 ...., unto ...., may be completely and forever terminated, including all legal 23 rights, privileges, duties and obligations, including all rights of inheri- 24 tance to and from the said ...., and I (we) do hereby expressly waive my (our) 25 right(s) to notice of or appearance in any such action. 26 DATED: ...., 20.. 27 ................. 28 STATE OF IDAHO ) 29 ) ss. 30 COUNTY OF .... ) 31 On this .... day of ...., 20.., before me, the undersigned ...., .... 32 (Judge or Magistrate) of the District Court of the .... Judicial District of 33 the state of Idaho, in and for the county of ...., personally appeared ...., 34 known to me (or proved to me on the oath of ....) to be the person(s) whose 35 name(s) is (are) subscribed to the within instrument, and acknowledged to me 36 that he (she, they) executed the same. 37 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 38 seal the day and year in this certificate first above written. 39 ...................... (District Judge or Magistrate) 40 (4) The court shall accept a waiver of notice and appearance executed in 41 another state if: 42 (a) It is witnessed by a magistrate or district judge of the state where 43 signed; or 44 (b) The court receives an affidavit or a certificate from a court of com- 45 parable jurisdiction stating that the waiver of notice and appearance was 46 executed in accordance with the laws of the state in which it was exe- 47 cuted, or the court is satisfied by other showing that the waiver of 48 notice and appearance was executed in accordance with the laws of the 49 state in which it was executed. 50 (5) When the termination of the parent and child relationship is sought 51 and the parent is determined to be incompetent to participate in the proceed- 52 ing, the court shall appoint a guardian ad litem for the alleged incompetent 53 parent. The court may in any other case appoint a guardian ad litem, as may be 54 deemed necessary or desirable, for any party. Where the putative father has 55 failed to timely commence proceedings to establish paternity under section 39 1 7-1111, Idaho Code, and by filing with the vital statistics unit of the 2 department of health and welfare, notice of his commencement of proceedings to 3 establish his paternity of the child born out of wedlock, notice under this 4 section is not required unless such putative father is one of those persons 5 specifically set forth in section 16-1505(1), Idaho Code. 6 (6) If a parent fails to file a claim of parental rights pursuant to the 7 provisions of chapter 8 12, title 39, Idaho Code, for a child left with a safe 8 haven pursuant thereto, prior to entry of an order terminating their parental 9 rights, that parent is deemed to have abandoned the child and waived and sur- 10 rendered any right in relation to the child, including the right to notice of 11 any judicial proceeding in connection with the termination of parental rights. 12 SECTION 51. That Section 16-2010, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 16-2010. DECREE. (1) Every order of the court terminating the parent and 15 child relationship or transferring legal custody or guardianship of the person 16 of the child , or providing for protective supervision of the child,shall be 17 in writing and shall recite the findings upon which such order is based, 18 including findings pertaining to the court's jurisdiction. 19 (2)(a) .If the court finds sufficient grounds exist for the termination 20 of the parent and child relationship, it shall so decree and: 21 ( 1i) Appoint an individual as guardian of the child's person, or 22 ( 2ii) Appoint an individual as guardian of the child's person and 23 vest legal custody in another individual or in an authorized agency, 24 or 25 ( 3iii) Appoint an authorized agency as guardian of the child's person 26 and vest legal custody in such agency. 27 (b) The court shall also make an order fixing responsibility for the 28 child's support. The parent and child relationship may be terminated with 29 respect to one (1) parent without affecting the relationship between the 30 child and the other parent. 31 b.(3) Where the court does not order termination of the parent and child 32 relationship, it shall dismiss the petition; provided ,however, that where the 33 court finds that the best interest of the child requires substitution or sup- 34 plementation of parental care and supervision, it shall make an order placing 35 the child under protective supervision, or vesting temporary legal custody in 36 an authorized agency, fixing responsibility for temporary child support, and 37 designating the period of time during which the order shall remain in effect. 38 c.(4) If termination of parental rights is granted and the child is 39 placed in the guardianship or legal custody of the department of health and 40 welfare, the court, upon petition, shall conduct a hearing as to the future 41 status of the child within twelve (12) months of the order of termination of 42 parental rights, and every twelve (12) months subsequently until the child is 43 adopted or is in a placement sanctioned by the court. 44 SECTION 52. That Section 18-609A, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS. 47 (1) (a) No person shall knowingly cause or perform an abortion upon a 48 minor unless: 49 (i) The attending physician has secured the written informed con- 50 sent of the minor and the written informed consent of the minor's 51 parent; or 40 1 (ii) The minor is emancipated and the attending physician has 2 received written proof of emancipation and the minor's written 3 informed consent; or 4 (iii) The minor has been granted the right of self-consent to the 5 abortion by court order pursuant to paragraph (b) of this subsection 6 and the attending physician has received the minor's written informed 7 consent; or 8 (iv) A court has found that the causing or performing of the abor- 9 tion, despite the absence of informed consent of a parent, is in the 10 best interests of the minor and the court has issued an order, pursu- 11 ant to paragraph (b)(iv)2. of this subsection, granting permission 12 for the causing or performing of the abortion, and the minor is hav- 13 ing the abortion willingly, pursuant to paragraph (f) of this subsec- 14 tion; or 15 (v) A medical emergency exists for the minor so urgent that there 16 is insufficient time for the physician to obtain the informed consent 17 of a parent or a court order and the attending physician certifies 18 such in the pregnant minor's medical records. In so certifying, the 19 attending physician must include the factual circumstances supporting 20 his professional judgment that a medical emergency existed and the 21 grounds for the determination that there was insufficient time to 22 obtain the informed consent of a parent or a court order. Immediately 23 after an abortion pursuant to this paragraph, the physician shall, 24 with due diligence, attempt to provide a parent of an unemancipated 25 minor actual notification of the medical emergency. If the parent 26 cannot be immediately contacted for such actual notification, the 27 physician shall, with due diligence, attempt to provide actual noti- 28 fication to a parent for an eight (8) hour period following the caus- 29 ing or performing of the abortion and shall, until a parent receives 30 such notification, ensure that the minor's postabortion medical needs 31 are met. Notwithstanding the above, a physician shall, within twenty- 32 four (24) hours of causing or performing an abortion pursuant to this 33 paragraph, provide actual notification of the medical emergency by: 34 1. Conferring with a parent or agent designated by the parent, 35 and providing any additional information needed for the minor's 36 proper care, and, as soon as practicable thereafter, securing 37 the parent's written acknowledgement of receipt of such notifi- 38 cation and information; or 39 2. Providing such actual notification in written form, 40 addressed to the parent at the usual place of abode of the par- 41 ent and delivered personally to the parent by the physician or 42 an agent with written acknowledgement of such receipt by the 43 parent returned to the physician; or 44 3. Providing such actual notification in written form and mail- 45 ing it by certified mail, addressed to the parent at the usual 46 place of abode of the parent with return receipt requested and 47 restricted delivery to the addressee so that a postal employee 48 can only deliver the notice to the authorized addressee. 49 For the purposes of this section, "actual notification" 50 includes, but is not limited to, a statement that an abortion was 51 caused or performed, a description of the factual circumstances sup- 52 porting the physician's judgment that the medical emergency existed 53 and a statement of the grounds for the determination that there was 54 insufficient time to obtain the informed consent of a parent or a 55 court order. 41 1 If the physician causing or performing such abortion reasonably 2 believes that the minor is homeless or abandoned so that the parents 3 cannot be readily found or that the minor has suffered abuse or 4 neglect such that the minor's physical safety would be jeopardized if 5 a parent were notified that the abortion was caused or performed, 6 the physician shall, in lieu of notifying a parent as required above, 7 make a report to a law enforcement agency pursuant to section 8 16-16 1905, Idaho Code, and a petition shall be filed pursuant to sec- 9 tion 16-16 0510, Idaho Code, which petition shall include a reference 10 to this code section. Upon adjudication that the minor comes within 11 the purview of chapter 16, title 16, Idaho Code, either on the basis 12 of homelessness or abandonment such that no parent can be found, or 13 on the basis of abuse or neglect such that the minor's physical 14 safety would be in jeopardy if a parent were notified that the abor- 15 tion was performed, the court shall, as a part of the decree, also 16 order that the physician's duty to so notify a parent is relieved. In 17 any other event, unless the court enters a finding that the best 18 interests of the child require withholding notice to a parent, the 19 court shall order that a parent receive actual notification of the 20 medical emergency and the causing or performing of the abortion. 21 (b) A proceeding for the right of a minor to self-consent to an abortion 22 pursuant to paragraph (a)(iii) of this subsection or for a court order 23 pursuant to paragraph (a)(iv) of this subsection, may be adjudicated by a 24 court as follows: 25 (i) The petition shall be filed in the county where the minor 26 resides or the county where the abortion is caused or performed. A 27 minor shall have the legal capacity to make and prosecute a petition 28 and appeal as set out herein. A guardian ad litem may assist the 29 minor in preparing her petition and other documents filed pursuant to 30 this section and may seek appointment as set forth below. A guardian 31 ad litem, whether prospective or appointed, must be an attorney prop- 32 erly licensed in this state. The court shall ensure that the minor is 33 given assistance in filing the petition if the minor so desires a 34 guardian ad litem but no qualified guardian ad litem is available. 35 (ii) The petition shall set forth: 36 1. The initials of the minor; 37 2. The age of the minor; 38 3. The name and address of each parent, guardian, or, if the 39 minor's parents are deceased or the minor is abandoned and no 40 guardian has been appointed, the name and address of any other 41 person standing in loco parentis of the minor; 42 4. That the minor has been fully informed of the risks and con- 43 sequences of the abortion procedure to be performed; 44 5. A claim that the minor is mature, of sound mind and has suf- 45 ficient intellectual capacity to consent to the abortion for 46 herself; 47 6. A claim that, if the court does not grant the minor the 48 right to self-consent to the abortion, the court should find 49 that causing or performing the abortion, despite the absence of 50 the consent of a parent, is in the best interest of the minor 51 and give judicial consent to the abortion; and 52 7. If so desired by the minor, a request that the court appoint 53 a guardian ad litem, or, alternatively, if no guardian ad litem 54 is requested, that the court should consider whether appointment 55 of a guardian ad litem for the minor is appropriate. 42 1 The petition shall be signed by the minor and, if she has 2 received assistance from a prospective guardian ad litem in preparing 3 the petition, by the guardian ad litem. 4 (iii) A hearing on the merits of the petition shall be held as soon 5 as practicable but in no event later than five (5) days from the fil- 6 ing of the petition. The petition shall be heard by a district judge 7 on the record in a closed session of the court. The court shall 8 appoint a qualified guardian ad litem for the minor if one is 9 requested in the petition. If no qualified guardian ad litem is 10 available, the court may appoint some other person to act in the 11 capacity of a guardian ad litem, who shall act to fulfill the pur- 12 poses of this section and protect the confidentiality and other 13 rights of the minor. 14 At the hearing, the court shall, after establishing the identity 15 of the minor, hear evidence relating to the emotional development, 16 maturity, intellect and understanding of the minor; the nature of the 17 abortion procedure to be performed and the reasonably foreseeable 18 complications and risks to the minor from such procedure, including 19 those related to future childbearing; the available alternatives to 20 the abortion; the relationship between the minor and her parents; and 21 any other evidence that the court may find relevant in determining 22 whether the minor should be granted the right to self-consent to the 23 abortion or whether the court's consent to causing or performing of 24 the abortion, despite the absence of consent of a parent, is in the 25 best interests of the minor. 26 (iv) The order shall be entered as soon as practicable, but in no 27 event later than five (5) days after the conclusion of the hearing. 28 If, by clear and convincing evidence, the court finds the allegations 29 of the petition to be true and sufficient to establish good cause, 30 the court shall: 31 1. Find the minor sufficiently mature to decide whether to have 32 the abortion and grant the petition and give the minor the right 33 of self-consent to the abortion, setting forth the grounds for 34 so finding; or 35 2. Find the performance of the abortion, despite the absence of 36 the consent of a parent, is in the best interests of the minor 37 and give judicial consent to the abortion, setting forth the 38 grounds for so finding. 39 If the court does not find the allegations of the petition to be 40 true or if good cause does not appear from the evidence heard, the 41 court shall deny the petition, setting forth the grounds on which the 42 petition is denied. 43 If, in hearing the petition, the court becomes aware of allega- 44 tions which, if true, would constitute a violation of any section of 45 title 18, Idaho Code, by a person other than the petitioner, or would 46 bring a child within the purview of chapter 16, title 16, Idaho Code, 47 the court shall order, upon entry of final judgment in the proceeding 48 under this subsection, that an appropriate investigation be initiated 49 or an appropriate information, complaint or petition be filed. Such 50 allegations shall be forwarded by the court with due consideration 51 for the confidentiality of the proceedings under this section. If, 52 but for the requirements for proof as set forth in this section, the 53 minor would have been privileged to withhold information given or 54 evidence produced by her, the answers given or evidence produced and 55 any information directly or indirectly derived from her answers may 43 1 not be used against the minor in any manner in a criminal case, 2 except that she may nevertheless be prosecuted or subjected to pen- 3 alty or forfeiture for any perjury, false swearing or contempt com- 4 mitted in answering or failing to answer, or in producing or failing 5 to produce, evidence as required by the court. 6 (c) A notice of appeal from an order issued under the provisions of this 7 subsection shall be filed within two (2) days from the date of issuance of 8 the order. The record on appeal shall be completed and the appeal shall be 9 perfected as soon as practicable, but in no event later than five (5) days 10 from the filing of notice of appeal. Because time may be of the essence 11 regarding the performance of the abortion, appeals pursuant to this sub- 12 section shall receive expedited appellate review. 13 (d) Except for the time for filing a notice of appeal, a court may 14 enlarge the times set forth pursuant to this subsection upon request of 15 the minor or upon other good cause appearing, with due consideration for 16 the expedited nature of these proceedings. 17 (e) No filing, appeal or other fees shall be charged for cases or appeals 18 brought pursuant to this section. 19 (f) If a minor desires an abortion, then she shall be orally informed of, 20 and, if possible, sign the written consent required by this act, in the 21 same manner as an adult person. No abortion shall be caused or performed 22 on any minor against her will, except that an abortion may be performed 23 against the will of a minor pursuant to court order if the abortion is 24 necessary to preserve the life of the minor. 25 (g) All records contained in court files of judicial proceedings arising 26 under the provisions of this subsection, and subsection (3) of this sec- 27 tion, shall be confidential and exempt from disclosure pursuant to section 28 9-340G, Idaho Code. Dockets and other court records shall be maintained 29 and court proceedings undertaken so that the names of the parties to 30 actions brought pursuant to this section will not be disclosed to the pub- 31 lic. 32 (2) The administrative director of the courts shall compile statistics 33 for each county for each calendar year, accessible to the public, including: 34 (a) The total number of petitions filed pursuant to paragraph (b) of sub- 35 section (1) of this section; and 36 (b) The number of such petitions filed where a guardian ad litem was 37 requested and the number where a guardian ad litem or other person acting 38 in such capacity was appointed; and 39 (c) The number of such petitions for which the right to self-consent was 40 granted; and 41 (d) The number of such petitions for which the court granted its informed 42 consent; and 43 (e) The number of such petitions which were denied; and 44 (f) For categories described in paragraphs (c), (d) and (e) of this sub- 45 section, the number of appeals taken from the court's order in each cate- 46 gory; and 47 (g) For each of the categories set out in paragraph (f) of this subsec- 48 tion, the number of cases for which the district court's order was 49 affirmed and the number of cases for which the district court's order was 50 reversed. 51 (3) In addition to any other cause of action arising from statute or 52 otherwise, any person injured by the causing or performing of an abortion on a 53 minor in violation of any of the requirements of paragraph (a) of subsection 54 (1) of this section, shall have a private right of action to recover all dam- 55 ages sustained as a result of such violation, including reasonable attorney's 44 1 fees if judgment is rendered in favor of the plaintiff. 2 (4) Statistical records. 3 (a) The vital statistics unit of the department of health and welfare 4 shall, in addition to other information required pursuant to section 5 39-261, Idaho Code, require the complete and accurate reporting of infor- 6 mation relevant to each abortion performed upon a minor which shall 7 include, at a minimum, the following: 8 (i) Whether the abortion was performed following the physician's 9 receipt of: 10 1. The written informed consent of a parent and the minor; or 11 2. The written informed consent of an emancipated minor for 12 herself; or 13 3. The written informed consent of a minor for herself pursuant 14 to a court order granting the minor the right to self-consent; 15 or 16 4. The written informed consent of a court pursuant to an order 17 which includes a finding that the performance of the abortion, 18 despite the absence of the consent of a parent, is in the best 19 interests of the minor; or 20 5. The professional judgment of the attending physician that 21 the performance of the abortion was immediately necessary due to 22 a medical emergency and there was insufficient time to obtain 23 consent from a parent or a court order. 24 (ii) If the abortion was performed due to a medical emergency and 25 without consent from a parent or court order, the diagnosis upon 26 which the attending physician determined that the abortion was imme- 27 diately necessary due to a medical emergency. 28 (b) The knowing failure of the attending physician to perform any one (1) 29 or more of the acts required under this subsection is grounds for disci- 30 pline pursuant to section 54-1814(6), Idaho Code, and shall subject the 31 physician to assessment of a civil penalty of one hundred dollars ($100) 32 for each month or portion thereof that each such failure continues, pay- 33 able to the center for vital statistics and health policy, but such fail- 34 ure shall not constitute a criminal act. 35 (5) As used in this section: 36 (a) "Cause or perform an abortion" means to interrupt or terminate a 37 pregnancy by any surgical or nonsurgical procedure or to induce a miscar- 38 riage upon a minor known to be pregnant. 39 (b) "Emancipated" means any minor who has been married or is in active 40 military service. 41 (c) (i) "Medical emergency" means a sudden and unexpected physical 42 condition which, in the reasonable medical judgment of any ordi- 43 narily prudent physician acting under the circumstances and con- 44 ditions then existing, is abnormal and so complicates the medi- 45 cal condition of the pregnant minor as to necessitate the imme- 46 diate causing or performing of an abortion: 47 1. To prevent her death; or 48 2. Because a delay in causing or performing an abortion will 49 create serious risk of immediate, substantial and irreversible 50 impairment of a major physical bodily function of the patient. 51 (ii) The term "medical emergency" does not include: 52 1. Any physical condition that would be expected to occur in 53 normal pregnancies of women of similar age, physical condition 54 and gestation; or 55 2. Any condition that is predominantly psychological or psychi- 45 1 atric in nature. 2 (d) "Minor" means a woman less than eighteen (18) years of age. 3 (e) "Parent" means one (1) parent of the unemancipated minor, or a guard- 4 ian appointed pursuant to chapter 5, title 15, Idaho Code, if the minor 5 has one. 6 SECTION 53. That Section 39-258, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 39-258. ADOPTION OF PERSONS BORN IN IDAHO -- NEW BIRTH CERTIFICATE ISSUED 9 TO REPLACE ORIGINAL CERTIFICATE -- PROCEDURE -- ADOPTION PROCEEDINGS NOT OPEN 10 TO INSPECTION WITH CERTAIN EXCEPTIONS -- DUTIES OF THE CLERKS OF COURTS ISSU- 11 ING ADOPTION DECREES -- DUTIES OF STATE REGISTRAR OF VITAL STATISTICS. (a) 12 Whenever a final decree of adoption, issued by an Idaho court, declares a per- 13 son born in Idaho to be adopted by someone other than his or her natural par- 14 ents, the court shall require the preparation of a report (denominated as a 15 certificate in accordance with Idaho court rules) of adoption on a form pre- 16 scribed and furnished by the state registrar. The report shall include such 17 facts as are necessary to locate and identify the certificate of birth of the 18 person adopted; shall provide information necessary to establish a new certif- 19 icate of birth for the person adopted; and shall identify the order of adop- 20 tion and be certified by the clerk of the court. 21 (b) Information necessary to prepare the report of adoption shall be fur- 22 nished by each petitioner for adoption or the petitioner's attorney. The pro- 23 vision of such information shall be prerequisite to the issuance of a final 24 decree in the matter of the court. 25 (c) The report of adoption shall, within fifteen (15) days after becoming 26 final, be recorded by the clerk of the court with the vital statistics unit in 27 the state department of health and welfare. 28 (d) If a court of some other state issued a decree or report of adoption 29 of a person actually born in Idaho, the certified copy or report may be simi- 30 larly filed by the person involved or by the adoptive parents. Failure to file 31 certified copies or reports of said decrees within said period of time, how- 32 ever, shall not bar issuance of a new birth certificate as hereinafter pro- 33 vided. This copy of said decree or report shall be filed with and remain a 34 part of the records of the vital statistics unit. 35 (e) Upon receipt by the vital statistics unit of the certified report of 36 adoption, a new certificate of birth shall be issued (but only in cases where 37 such person's birth is already recorded with the vital statistics unit) bear- 38 ing among other things the name of the person adopted, as shown in the report 39 of adoption, except that a new certificate of birth shall not be established 40 if so requested by the court decreeing the adoption, the adoptive parents, or 41 the adopted person. No such birth certificate shall have reference to the 42 adoption of said person. Such birth certificate shall supplant and constitute 43 a replacement of any birth certificate previously issued for said person and 44 shall be the only birth certificate open to public inspection. 45 Provided ,however, upon good cause shown and the affidavit of the adoptive 46 parents that a diligent search has been made, but no certificate of birth for 47 the adoptive child can be located, the probate judge may order the adoptive 48 child examined, at the expense of the adoptive parents, by a doctor of medi- 49 cine licensed by the state of Idaho. The examination will be conducted pursu- 50 ant to rules and regulationspromulgated by the state board of health and wel- 51 fare for the purpose of determining those matters required for the issuance of 52 an original birth certificate. Upon the examination of the doctor made pursu- 53 ant to the rules and regulationsof the state board of health and welfare, the 46 1 court may order the vital statistics unit to issue an original birth certifi- 2 cate for the adoptive child based upon those facts determined by the examina- 3 tion and included in the court's order. In such case a certified copy of the 4 court order shall be provided to the vital statistics unit. 5 (f) In respect to form and nature of contents, such a new birth certifi- 6 cate shall be identical with a birth certificate issued to natural parents for 7 the birth of a child, except that the adoptive parents shall be shown as par- 8 ents and the adopted person shall have the name assigned by the decree of 9 adoption as shown on the report of adoption. In a case where a single person 10 adopts another person, any new birth certificate may designate the adopting 11 parent as adoptive. 12 (g) Whenever an adoption decree is amended, annulled or rescinded, the 13 clerk of the court shall forward a certified copy of the amendment, annulment 14 or rescindment to the vital statistics unit in accordance with the time provi- 15 sions in subsection (c) of this section. Unless otherwise directed by the 16 court, the vital statistics unit shall amend the certificate of birth upon 17 receipt of a certified copy of an amended decree of adoption. Upon receipt of 18 a certified copy of a decree of annulment or rescindment of adoption, the 19 original certificate of birth shall be restored to its place in the files and 20 the new certificate and evidence shall not be subject to inspection except 21 upon order of a court of record of this state. 22 (h) All records and information specified in this section other than a 23 new birth certificate issued hereunder, and all records, files and information 24 of any court in this state relating to adoption proceedings, shall not be open 25 to inspection except as provided in section 39-259A, Idaho Code, or upon the 26 order of a court of record of this state; provided ,however, that the provi- 27 sions of section 16-16 0916, Idaho Code, to the contrary notwithstanding, any 28 probate court, or the judge thereof, may furnish a certified copy of a decree 29 of adoption to any duly authorized agency of the United States or the state of 30 Idaho without procuring any prior court order therefor. 31 SECTION 54. That Section 39-259, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 39-259. ADOPTION OF PERSONS BORN IN FOREIGN COUNTRIES. (a) When it 34 appears from a final decree of adoption issued by an Idaho court that a person 35 born in a foreign country has been adopted in Idaho by someone other than the 36 person's natural parents, the court shall require the preparation of a report 37 (denominated as a certificate in accordance with Idaho court rules) of adop- 38 tion on a form prescribed and furnished by the state registrar. The report 39 shall contain evidence from sources determined to be reliable by the court as 40 to the true or probable date and place of birth and parentage of such person; 41 shall provide information necessary to establish a new certificate of birth 42 for the person adopted; and shall identify the order of adoption and be certi- 43 fied by the clerk of the court. Upon receipt by the state registrar of vital 44 statistics of the report of adoption, the state registrar of vital statistics 45 shall make and file a new birth certificate for the child when requested to do 46 so by the court decreeing the adoption, the adoptive parents, or the adopted 47 person. The new birth certificate shall show the true or probable foreign 48 country (and city, town, village or other local designation, if known) of 49 birth and the true or probable date of birth as established by the court and 50 shown on the court report of adoption, the child's new name and parentage as 51 stated in the report of adoption, and any other necessary facts as required by 52 the state registrar. This birth certificate shall not be evidence of United 53 States citizenship. The form and content of the certificate of foreign birth 47 1 shall be established by the director. 2 (b) All records and information specified in this section other than a new 3 birth certificate issued hereunder, and all records, files and information of 4 any court in this state relating to adoption proceedings, shall not be open to 5 inspection except as provided in section 39-259A, Idaho Code, or upon the 6 order of a court of record of this state; provided ,however, that the provi- 7 sions of section 16-16 0916, Idaho Code, to the contrary notwithstanding, any 8 probate court, or the judge thereof, may furnish a certified copy of a decree 9 of adoption to any duly authorized agency of the United States or the state of 10 Idaho without procuring any prior court order therefor. 11 (c) The report of adoption shall, within fifteen (15) days after becoming 12 final, be recorded by the clerk of the court with the vital statistics unit in 13 the state department of health and welfare. 14 (d) Whenever an adoption decree is amended, annulled or rescinded, the 15 clerk of the court shall forward a certified copy of the amendment, annulment 16 or rescindment to the vital statistics unit in accordance with the time provi- 17 sions in subsection (c) of this section. Unless otherwise directed by the 18 court, the vital statistics unit shall amend the certificate of birth upon 19 receipt of a certified copy of an amended decree of adoption. Upon receipt of 20 a certified copy of a decree of annulment or rescindment of adoption, the 21 Idaho birth certificate shall be removed from the file and along with the 22 decree of annulment or rescindment shall be placed in the sealed file for that 23 person. Such sealed file shall not be subject to inspection except upon order 24 of a court of record of this state. 25 SECTION 55. That Section 39-270, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 39-270. DISCLOSURE OF INFORMATION. (a) Certificates and records in the 28 custody of the state registrar shall be open to inspection subject to the pro- 29 visions of this chapter and the rules of the board, the provisions of section 30 9-302, Idaho Code, to the contrary notwithstanding; and it shall be unlawful 31 for any state or local official or employee under this chapter to disclose any 32 data contained in the records, except as authorized by this chapter and the 33 rules of the board. 34 (b) A complete copy, or any part of a certificate, may be issued to any 35 applicant who can show direct and tangible interest in the record for which he 36 applies. A complete copy, or any part of a certificate, shall be issued upon 37 request to a state, federal or local public agency for child support enforce- 38 ment purposes pursuant to chapters 10, 11 and 12, title 7, Idaho Code, and 39 sections 16-162 28, 20-524, 32-710A, and 56-203, Idaho Code, or for the purpose 40 of investigation of fraud related to benefit payments. Subject to such provi- 41 sions as the board may prescribe, data contained on records may be used by 42 federal, state or municipal agencies for the purpose of verification of data. 43 (c) As provided in chapter 3, title 9, Idaho Code, data contained on 44 records may be used for research, public health or statistical purposes. No 45 lists of registration shall be compiled for public use. 46 (d) The manner of keeping local records and the use thereof shall be pre- 47 scribed by the board, in keeping with the provisions of this section. 48 (e) When one hundred (100) years have elapsed after the date of birth, or 49 fifty (50) years have elapsed after the date of death, stillbirth, marriage or 50 divorce, the records of these events in the custody of the state registrar 51 shall become public records and information shall be made available in accor- 52 dance with chapter 3, title 9, Idaho Code. 48 1 SECTION 56. That Section 39-8105, Idaho Code, as added by Section 1, 2 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol- 3 lows: 4 39- 81058205. SHELTER CARE HEARING -- INVESTIGATION -- ADJUDICATORY HEAR- 5 ING -- TERMINATION OF PARENT-CHILD RELATIONSHIP. (1) A shelter care hearing 6 shall be held pursuant to section 16-161 45, Idaho Code, and the department 7 shall file a petition for adjudicatory hearing to vest legal custody in the 8 department pursuant to section 16-16 1021, Idaho Code, at or prior to the time 9 set for shelter care hearing. 10 (2) A child protective investigation or criminal investigation shall not 11 be initiated based on a claim of abandonment unless a claim of parental rights 12 is made and the court orders the investigation. 13 (3) During the initial thirty (30) day period from the time the child was 14 delivered to a safe haven by a custodial parent, the department shall request 15 assistance from law enforcement officials to investigate through the missing 16 children information clearinghouse and other state and national resources to 17 ensure that the child is not a missing child. 18 (4) An adjudicatory hearing shall be conducted pursuant to the provisions 19 of section 16-16 0819, Idaho Code, and section 16-16 1021, Idaho Code. 20 (5) As soon as practicable following the initial thirty (30) day period 21 from the time the child was delivered to a safe haven by a custodial parent, 22 the department shall petition to terminate the parental rights of the parent 23 who abandoned the child at the safe haven and any unknown parent pursuant to 24 section 16-16 1524, Idaho Code, and in accordance with chapter 20, title 16, 25 Idaho Code. 26 SECTION 57. That Section 39-8106, Idaho Code, as added by Section 1, 27 Chapter 357, Laws of 2001, be, and the same is hereby amended to read as fol- 28 lows: 29 39- 81068206. CLAIM OF PARENTAL RIGHTS -- PROCEDURE. (1) A parent of the 30 child may make a claim of parental rights of an abandoned child, abandoned 31 pursuant to the provisions of this chapter, by filing a notice of claim of 32 parental rights with the vital statistics unit of the department of health and 33 welfare. The vital statistics unit of the department of health and welfare 34 shall maintain an abandoned child registry for this purpose which shall be 35 subject to disclosure according to chapter 3, title 9, Idaho Code. The depart- 36 ment shall provide forms for the purpose of filing a claim of parental rights, 37 and the forms shall be made available through the vital statistics unit of the 38 Idaho department of health and welfare and in the office of the county clerk 39 in every county of this state. Any parent claiming a parental right of an 40 abandoned child, abandoned pursuant to the provisions of this chapter, shall 41 file the form with the vital statistics unit of the department of health and 42 welfare. The form must be filled out completely and provide the name and 43 address for service of the person asserting the parental claim and set forth 44 the approximate date the child was left in a safe haven. The form must be 45 signed by the person claiming the parental right and be witnessed before a 46 notary public. The department shall record the date and time the claim of 47 parental rights is filed with the department. The claim shall be deemed to be 48 duly filed with the department as of the date and time recorded on the claim 49 by the department. To be valid, a claim of parental rights must be filed 50 before an order terminating parental rights is entered by the court. A parent 51 that fails to file a claim of parental rights prior to entry of an order ter- 52 minating their parental rights is deemed to have abandoned the child and 49 1 waived and surrendered any right in relation to the child, including the right 2 to notice of any judicial proceeding in connection with the termination of 3 parental rights or adoption of the child. Registration of notice of commence- 4 ment of paternity proceedings pursuant to chapter 15, title 16, Idaho Code, 5 shall not satisfy the requirements of this section. 6 (2) Prior to the time set for hearing on the petition to terminate paren- 7 tal rights filed by the department of health and welfare, and prior to entry 8 of an order terminating parental rights by the court, the department of health 9 and welfare shall obtain and file with the court a certificate from the vital 10 statistics unit of the department of health and welfare, signed by the state 11 registrar of vital statistics, which certificate shall state that a diligent 12 search has been made of the registry of claims of parental rights of abandoned 13 children, abandoned pursuant to this chapter, and shall set forth the results 14 of that search. 15 (3) If a claim of parental rights is made before an order terminating 16 parental rights is entered by the court, notice pursuant to section 16-2007, 17 Idaho Code, will be required and the court shall hold the action for involun- 18 tary termination of parental rights in abeyance for a period of time not to 19 exceed sixty (60) days unless otherwise ordered by the court. During that 20 period: 21 (a) The court shall order genetic testing to establish maternity or 22 paternity, at the expense of the person or persons claiming the parental 23 right. 24 (b) The department of health and welfare shall conduct an investigation 25 pursuant to section 16-2008, Idaho Code, and in those cases where a guard- 26 ian ad litem has been appointed, the guardian ad litem shall have all 27 rights, powers and duties as provided for in chapter 16, title 16, Idaho 28 Code, and as provided for in chapter 20, title 16, Idaho Code. 29 (c) When indicated as a result of the investigation, a shelter care hear- 30 ing shall be conducted by the court in accordance with section 16-161 45, 31 Idaho Code, within forty-eight (48) hours, or at an earlier time if 32 ordered by the court, to determine whether the child should remain in the 33 physical custody of the department or be released to a parent or other 34 third party. 35 (d) Further proceedings shall be conducted as the court determines appro- 36 priate. However, where a claim of parental rights is made before an order 37 terminating parental rights is entered by the court, a parent shall not be 38 found to have neglected or abandoned a child placed in accordance with 39 this chapter solely because the child was left with a safe haven. 40 (4) If there is no showing that a parent has claimed a parental right to 41 the child, the department of health and welfare shall file with the court a 42 certificate from the vital statistics unit of the department of health and 43 welfare, signed by the state registrar of vital statistics, stating that a 44 diligent search has been made of the registry of parental claims for children 45 abandoned pursuant to the provisions of this chapter and that no parental 46 claim has been made. The certificate shall be filed with the court prior to 47 the entrance of the final order of termination of parental rights. 48 SECTION 58. That Section 54-4407, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 54-4407. PEER ASSISTANCE ENTITY TO REPORT TO BOARD. (1) The legislature 51 recognizes that confidentiality is essential to obtaining maximum disclosure 52 from impaired health care professionals; such disclosure is vital to the suc- 53 cess of the peer assistance process. It is also recognized that the public 50 1 must be protected from health care professionals who continue to practice in 2 an impaired state. 3 (2) If the peer assistance entity reasonably believes that a health care 4 professional continues to practice in an impaired state after entering into 5 the peer assistance entity's program and despite the peer assistance entity's 6 recommendations for treatment or modification of practice to remove risk to 7 the public from the effects of the impairment, the peer assistance entity 8 shall immediately notify the appropriate board regarding the impaired health 9 care professional and provide all documentation relevant to substantiate the 10 impaired practice. Similarly, if the licensing board reasonably believes that 11 a health care professional continues to practice in an impaired state, it can 12 require the peer assistance entity to provide all documentation available on 13 the current ability to practice of the individual. Information that does not 14 deal directly with the professional ability to practice will remain privi- 15 leged. 16 (3) The board shall have access to financial and administrative records 17 necessary to determine contract compliance and to reports regarding aggregate 18 statistical information; provided, information released pursuant to this sub- 19 section shall not contain data which could be used to specifically identify 20 past or present peer assistance program participants. 21 (4) The board shall have the authority to use any documentation or infor- 22 mation supplied to it from a peer assistance entity pursuant to this section 23 or section 54-4406, Idaho Code, as it deems necessary and which is consistent 24 with applicable Idaho law. 25 (5) Nothing in this chapter shall be deemed to supersede any duty to 26 report under chapter 19, title 6, or section 16-16 1905 or 16-16 206, Idaho 27 Code. 28 SECTION 59. That Section 66-317, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 66-317. DEFINITIONS. As used in this chapter, terms shall have the fol- 31 lowing meanings: 32 (a) "Department director" means the director of the state department of 33 health and welfare. 34 (b) "Voluntary patient" means an individual admitted to a facility for 35 evaluation pursuant to section 18-211 or 20-520, Idaho Code, or admitted to a 36 facility for treatment pursuant to section 66-318, Idaho Code. 37 (c) "Involuntary patient" means an individual committed pursuant to sec- 38 tion 18-212, 66-329 or 66-1201, Idaho Code, or committed pursuant to section 39 16-16 0819 or 20-520, Idaho Code, and admitted to a facility for the treatment 40 of minors. 41 (d) "Licensed physician" means an individual licensed under the laws of 42 this state to practice medicine or a medical officer of the government of the 43 United States while in this state in the performance of his official duties. 44 (e) "Designated examiner" means a psychiatrist, psychologist, psychiatric 45 nurse, or social worker and such other mental health professionals as may be 46 designated in accordance with rules promulgated pursuant to the provisions of 47 chapter 52, title 67, Idaho Code, by the department of health and welfare. Any 48 person designated by the department director will be specially qualified by 49 training and experience in the diagnosis and treatment of mental or mentally 50 related illnesses or conditions. 51 (f) "Dispositioner" means a designated examiner employed by or under con- 52 tract with the department of health and welfare and designated by the depart- 53 ment director to determine the appropriate location for care and treatment of 51 1 involuntary patients. 2 (g) "Facility" means any public or private hospital, sanatorium, institu- 3 tion, mental health center or other organization designated in accordance with 4 rules adopted by the board of health and welfare as equipped to initially 5 hold, evaluate, rehabilitate or to provide care or treatment, or both, for the 6 mentally ill. 7 (h) "Lacks capacity to make informed decisions about treatment" means the 8 inability, by reason of mental illness, to achieve a rudimentary understanding 9 after conscientious efforts at explanation of the purpose, nature, and possi- 10 ble significant risks and benefits of treatment. 11 (i) "Inpatient treatment facility" means a facility in which an individ- 12 ual receives medical and mental treatment for not less than a continuous 13 twenty-four (24) hour period. 14 (j) "Supervised residential facility" means a facility, other than the 15 individual's home, in which the individual lives and in which there lives, or 16 are otherwise on duty during the times that the individual's presence is 17 expected, persons who are employed to supervise, direct, treat or monitor the 18 individual. 19 (k) "Likely to injure himself or others" means either: 20 (1) A substantial risk that physical harm will be inflicted by the pro- 21 posed patient upon his own person, as evidenced by threats or attempts to 22 commit suicide or inflict physical harm on himself; or 23 (2) A substantial risk that physical harm will be inflicted by the pro- 24 posed patient upon another as evidenced by behavior which has caused such 25 harm or which places another person or persons in reasonable fear of sus- 26 taining such harm. 27 (l) "Mentally ill" means a person, who as a result of a substantial dis- 28 order of thought, mood, perception, orientation, or memory, which grossly 29 impairs judgment, behavior, capacity to recognize and adapt to reality, 30 requires care and treatment at a facility. 31 (m) "Gravely disabled" means a person who, as the result of mental ill- 32 ness, is in danger of serious physical harm due to the person's inability to 33 provide for any of his basic needs for nourishment, or essential medical care, 34 or shelter or safety. 35 (n) "Outpatient commitment" means a court order directing a person to 36 comply with specified mental health treatment requirements, not involving the 37 continuous supervision of a person in an inpatient setting, that are reason- 38 ably designed to alleviate or to reduce a person's illness or disability, or 39 to maintain or prevent deterioration of the person's mental or emotional func- 40 tioning. The specified requirements may include, but need not be limited to, 41 taking prescribed medication, reporting to a facility to permit monitoring of 42 the person's condition, or participating in individual or group therapy or in 43 educational or vocational programs. Outpatient commitment may be up to one (1) 44 year. 45 (o) "Protection and advocacy system" means the agency designated by the 46 governor as the state protection and advocacy system pursuant to 42 U.S.C. 47 section 15043 and 42 U.S.C. sections 10801 et seq. 48 SECTION 60. That Section 66-324, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 66-324. AUTHORITY TO RECEIVE INVOLUNTARY PATIENTS. The director of any 51 facility is authorized to receive therein for observation, diagnosis, care and 52 treatment any individual committed to the department director pursuant to sec- 53 tions 16-16 0819, 20-520, 18-212, 18-214 or 66-329, or transferred pursuant to 52 1 section 66-1201, Idaho Code.
STATEMENT OF PURPOSE RS 15113 This bill incorporates several changes in the Child Protective Act (CPA), Adoption of Children Act and Termination of Parent and Child Relationship Act that have been recommended by the Statute and Rules Subcommittee of the Supreme Court's Child Protection Committee. The changes are intended to harmonize provisions of these acts, insure compliance with federal requirements, and provide added safeguards for the rights of parents and children. The provisions of the CPA have been reordered and renumbered to more closely reflect the sequence of procedures in actual cases and to make the provisions of the Act more accessible and understandable. Only peace officers, and not social workers, could remove a child from the home upon a determination of imminent danger. The attorney general, as well as a prosecuting attorney, could file petitions in CPA cases. A provision has been added making clear that a shelter care hearing is required when a child is removed from a home based on a court's order at the time of issuance of the summons. A report by the Department of Health and Welfare is made mandatory following the filing of a CPA petition. Under present law, reasonable efforts to prevent placing a child in foster care are not required where the parent has subjected the child to "aggravated circumstances"; the definition of "aggravated circumstances" has been amended to bring the Act into compliance with federal regulations. A new provision has been added requiring a hearing on a permanency plan following a finding of aggravated circumstances. The Department of Health and Welfare would be required to produce a case plan in every case in which the child is determined to be within the jurisdiction of the court, including those cases in which the parent is incarcerated. A provision has been added providing for procedures, including a hearing, where a child who has been placed under protective supervision is removed from the home. The orders in CPA cases that may be appealed are specified. In addition, definitions contained in the different acts are harmonized, including the definition of "legal custody." The grounds for termination of the parent-child relationship have been revised and clarified. Finally, where an adoption arises from a CPA case, or where the court has jurisdiction under the CPA over a child who is the subject of a termination case, the court in the CPA case would have jurisdiction over the adoption or termination case unless the court relinquishes its jurisdiction. FISCAL NOTE This bill would have no fiscal impact. Contact: Name: Patricia Tobias, Administrative Director of the Courts Phone: (208) 334-2246 STATEMENT OF PURPOSE/FISCAL NOTE H 325