2005 Legislation
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HOUSE BILL NO. 325 – Child Protective Act

HOUSE BILL NO. 325

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 WILFULLY WILLFULLY 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 wilfully willfully 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  wilful
 13    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 wilful willful 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 16-161905, 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. Said
 47    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 pPetitioner 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    of  section  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  the
 45    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  812,  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 812, 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 812, 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  812, 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 812, 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 812, title 39, Idaho Code. To register a parental claim
 44        to an abandoned child, abandoned pursuant to  the  provisions  of  chapter
 45        812, 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 812, 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 16-160819,
 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 16-163032, 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        (101) "Concurrent planning" means a planning model that prepares  for  and
 53    implements different outcomes at the same time.
                                                                        
                                           9
                                                                        
  1        (112) "Court" means district court or magistrate's division thereof, or if
  2    the context requires, a magistrate or judge thereof.
  3        (123) "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        (134) "Department"  means  the  department  of  health and welfare and its
  7    authorized representatives.
  8        (145) "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        (156) "Family  or household member" shall have the same meaning as in sec-
 21    tion 39-6303(36), Idaho Code.
 22        (167) "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        (178) "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        (189) "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        (201) "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        (212) "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        (223) "Legal custody" means a relationship created by court order, of  the
 43    court,  which vests in a custodian the following duties and rights 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        (234) "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        (245) "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  16-161627,
 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        (256) "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        (267) "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; and
 28        (b)  Review reasonable efforts being made to rehabilitate the family; and
 29        (c)  Review reasonable efforts being made to reunify the children  with  a
 30        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 16-160611, Idaho Code.
                                                                        
 19        SECTION 7.  That Section 16-1619, Idaho Code, be, and the same  is  hereby
 20    amended to read as follows:
                                                                        
 21        16-161905.  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        16-162006.  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  16-161905,
 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        16-1620A07.  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        16-161208.  EMERGENCY REMOVAL.
 35        (a1)  (1a) A  child  may  be taken into shelter care by a peace officer or
 36        other person appointed by the court without an order  issued  pursuant  to
 37        subsection  (d4)  of  section  16-160611 or section 16-160819, 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 812, 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 court
 44        without an order, issued pursuant to subsection (e5) of section 16-160611,
 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 16-161415,  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        16-161309.  EMERGENCY  REMOVAL  --  NOTICE.  (a1) A peace officer or other
 15    person appointed by the court who takes a child into shelter care  under  sec-
 16    tion 16-161208, 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 812, 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 court who takes a
 27    child into shelter care under section 16-161208, 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        16-160510.  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 resides or 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        16-160611.  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  16-160819, 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        16-160712.  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        16-1607A13.  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        16-161814.  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        16-161415.  SHELTER CARE HEARING. (a1) Notwithstanding any other provision
 48    of this chapter, when a child is taken into shelter care pursuant  to  section
 49    16-161208  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        16-160916.  INVESTIGATION.   (a1)   Where   the   court   has  ordered  an
 50    adjudicatory hearing after the shelter care hearing  or  when  a  petition  is
 51    otherwise  filed,  the  court  may  order After a petition has been filed, the
 52    department to shall 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 custodian parties 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 pursuant
 13    to  subsection  (a)  of this section, the court shall state the reasons for so
 14    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        16-1609A17.  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        16-1609B18.  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        16-160819.  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 16-160916, 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 assault battery that results in
 10        serious  bodily  injury  to  any  a  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        16-161021.  PLANNING CASE 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 planning case 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. and
 25    shall be for an indeterminate period not  to  exceed  the  child's  eighteenth
 26    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        16-161122.  REVIEW  AND  PERMANENCY HEARINGS. (a1) A motion for revocation
 37    or modification of an order issued under section 16-160819, 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 16-160611, 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 16-160819, 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        16-161524.  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  16-160819,  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 in are 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 required
 16    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  a
 20    felony assault or battery which resulted in serious bodily injury to the child
 21    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 motion in
 32    the existing child protective action act case.
                                                                        
 33        SECTION 27.  That Section 16-1617, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        16-161725.  APPEAL -- EFFECT ON CUSTODY. (1) An interested aggrieved party
 36    aggrieved  by any order or decree of the court may 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        16-16216.  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        16-161627.  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        16-16228.  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        16-16239.  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 812,
 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 16-161122, 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 16-161122, 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        16-162430.  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        16-162531.  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        16-16302.  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-wide districtwide
 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-wide districtwide, and state bar associations;
 22        (6f)  To  the  extent  possible  to establish a district-wide districtwide
 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        16-16313.  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 insure ensure 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        16-16324.  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 812, 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        16-16335.  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        16-16346.  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    16-16184,  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    act chapter 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        16-16357.  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        16-16368.  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 16-16302 through  16-16368,  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 act chapter.
                                                                        
 42        SECTION 41.  That Section 16-1637, Idaho Code, be, and the same is  hereby
 43    amended to read as follows:
                                                                        
 44        16-16379.  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        16-162640.  ADMINISTRATIVE PROCEDURES ACT. 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        16-162741.  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        16-162842.  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        16-162943.  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 act chapter is to:
  2        (a)  Pprovide  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 act chapter 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  act  chapter,  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 than any 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 the
 28    masculine the feminine, when consistent with the intent of the act.
 29        d.(3)  "Neglected" used with respect to a child refers to those situations
 30    in which the child lacks proper support or parental  care  necessary  for  his
 31    health, morals, and well-being means:
 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 in
 38    which  physical cruelty in excess of that required for reasonable disciplinary
 39    purposes has been inflicted by a parent or other person in whom legal  custody
 40    of  the  child has been vested means 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 embodying which
 52    vests in a custodian the following rights and responsibilities:
 53        (1a)  The right to To have physical possession  custody 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 discipline  To  supply  the
  3        child with food, clothing, shelter and incidental necessities; and
  4        (3c)  The  responsibility tTo provide the child with food, shelter, educa-
  5        tion and medical care, 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 such by  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 court section 16-1614 or 5-306, Idaho Code.
 31        i.(9)  "Authorized agency" means the state department, of health and  wel-
 32    fare  or  a  voluntary  child  placement agency licensed to care for and place
 33    children by the state department of health and welfare a 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; and
 47        (6)  An unmarried biological father who has filed a voluntary  acknowledg-
 48        ment  of  paternity  with  the  vital statistics unit of the department of
 49        health and welfare pursuant to section 7-1106, Idaho Code; and
 50        (7)  The father of an illegitimate child who  has  adopted  the  child  by
 51        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 order
  4    in proceedings not involving violations of the law but where the legal custody
  5    of the child is subject to change, whereby the child is permitted to remain in
  6    his home under the supervision of an authorized agency designated by the court
  7    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  under
 11    sixteen,"  (18-1508,  Idaho  Code);  "sexual abuse of a child under the age of
 12    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, Idaho
 14    Code, but for purposes of this chapter  shall  not  include  any  circumstance
 15    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 father who 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 mother who 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 to
  9        maintain a normal parental relationship including,  but  not  limited  to,
 10        reasonable  support  or regular personal contact; failure of the parent to
 11        maintain this relationship without just cause for a period of one (1) year
 12        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 normal
 15        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 herein
 18        shall  mean  a  situation in which the child lacks parental care necessary
 19        for his health, morals and well-being.
 20        (c).  The presumptive parent is not the natural biological 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)  If The court may grant an order  terminating  the  relationship  if
 44    termination is found to be in the best interest of the parent and child, where
 45    the  petition  has  been filed by a parent or through an authorized agency, or
 46    interested party.
 47        f.(4)  Where The court may grant an  order  terminating  the  relationship
 48    where  a  consent to termination in the manner and form prescribed by this act
 49    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 act chapter 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 abuse
  5        of a child under the age of sixteen (16)  years,  as  defined  in  section
  6        16-2002 o., Idaho Code; or
  7        (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  manslaughter
 11        and/or  if  the court determines the parent has been convicted of a felony
 12        assault or battery which resulted in serious bodily injury to the child or
 13        a sibling; or
 14        (3)  Who has been incarcerated and has no possibility of parole; or
 15        (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 section
 18    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., and The peti-
 30    tioner shall cause give 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 guardian
 33    of the person of the child, the person to 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  of
 38    welfare  of the 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 hearing if
 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 the
                                                                        
                                           38
                                                                        
  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 by
  3    the court or by such person of the meaning and consequences of the termination
  4    action. Where the parent resides outside the    state,  the  waiver  shall  be
  5    acknowledged  before  a  notary  of  the  state  and shall contain the current
  6    address of the parent. The parent who has executed such a waiver shall not  be
  7    required  to  appear and 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 812, 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             16-161905, Idaho Code, and a petition shall be filed pursuant to sec-
  9             tion 16-160510, 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 regulations promulgated 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 regulations of 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 16-160916, 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 16-160916, 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 16-16228, 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 16-16145, Idaho  Code,  and  the  department
  7    shall  file  a  petition for adjudicatory hearing to vest legal custody in the
  8    department pursuant to section 16-161021, 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 16-160819, Idaho Code, and section 16-161021, 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  16-161524,  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 16-16145,
 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 16-161905 or 16-16206, 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    16-160819  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 16-160819, 20-520, 18-212, 18-214 or 66-329, or transferred pursuant  to
                                                                        
                                           52
                                                                        
  1    section 66-1201, Idaho Code.

Statement of Purpose / Fiscal Impact



                          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