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S1121................................................by JUDICIARY AND RULES
ADOPTION - Adds, amends and repeals existing law relating to adoption to
provide for the rights and responsibilities of unmarried biological
fathers; to revise provisions relating to necessary consents to adoption;
to require court approval of certain expenditures in connection with the
placement of a child for adoption; to clarify when notice of hearing on a
petition for termination of the parent child relationship is required to be
served on a putative father; to clarify when certain social studies or
investigations are required to be directed by a court with respect to a
putative father; and to clarify that the payments of certain expenses shall
not constitute the sale or barter of a child.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 23-11-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Coiner, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Little, Lodge, McGee, McKenzie, Pearce, Richardson,
Sweet, Williams
NAYS -- Burkett, Corder, Kelly, Keough, Langhorst, Malepeai, Marley,
Schroeder, Stegner, Stennett, Werk
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Davis
Title apvd - to House
03/11 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1121
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ADOPTION; AMENDING SECTION 16-1501A, IDAHO CODE, TO PROVIDE THAT
3 UNMARRIED BIOLOGICAL FATHERS ARE DEEMED TO BE ON NOTICE OF CERTAIN
4 PREGNANCIES AND ADOPTION PROCEEDINGS AND TO PROVIDE THAT SUCH FATHERS HAVE
5 THE RESPONSIBILITY TO ESTABLISH AND PROTECT THEIR RIGHTS; AMENDING SECTION
6 16-1504, IDAHO CODE, TO REVISE PROVISIONS RELATING TO NECESSARY CONSENTS
7 TO ADOPTION; REPEALING SECTION 16-1505, IDAHO CODE; AMENDING SECTION
8 16-1506, IDAHO CODE, TO CLARIFY THE RELATIONSHIP BETWEEN CERTAIN PROVI-
9 SIONS OF THE LAW RELATING TO ADOPTIONS AND TERMINATIONS OF PARENTAL RIGHTS
10 AND THE PAYMENT OF CERTAIN EXPENSES IN CONNECTION WITH ADOPTION; AMENDING
11 CHAPTER 15, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
12 16-1516, IDAHO CODE, TO REQUIRE COURT APPROVAL OF CERTAIN EXPENDITURES IN
13 CONNECTION WITH THE PLACEMENT OF A CHILD FOR ADOPTION; AMENDING SECTION
14 16-2007, IDAHO CODE, TO CLARIFY WHEN NOTICE OF HEARING ON A PETITION FOR
15 TERMINATION OF THE PARENT AND CHILD RELATIONSHIP IS REQUIRED TO BE SERVED
16 ON A PUTATIVE FATHER; AMENDING SECTION 16-2008, IDAHO CODE, TO CLARIFY
17 WHEN CERTAIN SOCIAL STUDIES OR INVESTIGATIONS ARE REQUIRED TO BE DIRECTED
18 BY A COURT WITH RESPECT TO A PUTATIVE FATHER; AMENDING SECTION 18-1511,
19 IDAHO CODE, TO CLARIFY THAT THE PAYMENTS OF CERTAIN EXPENSES SHALL NOT
20 CONSTITUTE THE SALE OR BARTER OF A CHILD; AND REPEALING SECTION 18-1512,
21 IDAHO CODE.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 16-1501A, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 16-1501A. RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS.
26 (1) The legislature finds that the rights and interests of all parties
27 affected by an adoption proceeding must be considered and balanced in deter-
28 mining what constitutional protections and processes are necessary and appro-
29 priate.
30 (2) The legislature finds that:
31 (a) The state has a compelling interest in providing stable and permanent
32 homes for adoptive children in a prompt manner, in preventing the disrup-
33 tion of adoptive placements, and in holding parents accountable for meet-
34 ing the needs of children;
35 (b) An unmarried mother, faced with the responsibility of making crucial
36 decisions about the future of a newborn child, is entitled to privacy, and
37 has the right to make timely and appropriate decisions regarding her
38 future and the future of the child, and is entitled to assurance regarding
39 the permanence of an adoptive placement;
40 (c) Adoptive children have a right to permanence and stability in adop-
41 tive placements;
42 (d) Adoptive parents have a constitutionally protected liberty and pri-
43 vacy interest in retaining custody of an adopted child; and
2
1 (e) An unmarried biological father has an inchoate interest that acquires
2 constitutional protection only when he demonstrates a timely and full com-
3 mitment to the responsibilities of parenthood, both during pregnancy and
4 upon the child's birth. The state has a compelling interest in requiring
5 unmarried biological fathers to demonstrate that commitment by providing
6 appropriate medical care and financial support and by establishing legal
7 paternity, in accordance with the requirements of this chapter.
8 (3) (a) The legislature prescribes the conditions for determining whether
9 an unmarried biological father's action is sufficiently prompt and sub-
10 stantial to require constitutional protection pursuant to sections 16-1504
11 and 16-1513, Idaho Code.
12 (b) If an unmarried biological father fails to grasp the opportunities to
13 establish a relationship with his child that are available to him, his
14 biological parental interest may be lost entirely, or greatly diminished
15 in constitutional significance by his failure to timely exercise it, or by
16 his failure to strictly comply with the available legal steps to substan-
17 tiate it.
18 (c) A certain degree of finality is necessary in order to facilitate the
19 state's compelling interest. The legislature finds that the interest of
20 the state, the mother, the child, and the adoptive parents described in
21 this section outweigh the interest of an unmarried biological father who
22 does not timely grasp the opportunity to establish and demonstrate a rela-
23 tionship with his child in accordance with the requirements of this chap-
24 ter.
25 (d) An unmarried biological father, by virtue of the fact that he has
26 engaged in a sexual relationship with a woman, is deemed to be on notice
27 that a pregnancy, and an adoption proceeding regarding the child born as a
28 result of such pregnancy, may occur. Such unmarried biological father
29 therefore has the primary responsibility to protect for establishment and
30 protection of his rights.
31 (e) An unmarried biological father is presumed to know that the child may
32 be adopted without his consent unless he strictly complies with the provi-
33 sions of this chapter, manifests a prompt and full commitment to his
34 parental responsibilities, and establishes paternity.
35 (4) The legislature finds that an unmarried mother has a right of privacy
36 with regard to her pregnancy and adoption plan, and therefore has no legal
37 obligation to disclose the identity of an unmarried biological father prior to
38 or during an adoption proceeding, and has no obligation to volunteer informa-
39 tion to the court with respect to the father.
40 SECTION 2. That Section 16-1504, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 16-1504. NECESSARY CONSENT TO ADOPTION. (1) Consent to adoption is
43 required from:
44 (a) The adoptee, if he is more than twelve (12) years of age, unless he
45 does not have the mental capacity to consent;
46 (b) Both parents or the surviving parent of an adoptee who was conceived
47 or born within a marriage, unless the adoptee is eighteen (18) years of
48 age or older;
49 (c) The mother of an adoptee born outside of marriage;
50 (d) Any biological parent who has been adjudicated to be the child's bio-
51 logical father by a court of competent jurisdiction prior to the mother's
52 execution of consent;
53 (e) An unmarried biological father of an adoptee only if the requirements
3
1 and conditions of subsection (2)(a) or (b) of this section have been
2 proven;
3 (f) Any legally appointed custodian or guardian of the adoptee;
4 (g) The guardian or conservator of an incapacitated adult, if one has
5 been appointed;
6 (h) The adoptee's spouse, if any; and.
7 (i) An unmarried biological father who has filed a voluntary acknowledg-
8 ment of paternity with the vital statistics unit of the department of
9 health and welfare pursuant to section 7-1106, Idaho Code; and
10 (j) The father of an illegitimate child who has adopted the child by
11 acknowledgment.
12 (2) In accordance with subsection (1) of this section, the consent of an
13 unmarried biological father is necessary only if the father has strictly com-
14 plied with the requirements of this section.
15 (a) (i) With regard to a child who is placed with adoptive parents more
16 than six (6) months after birth, an unmarried biological father shall
17 have developed a substantial relationship with the child, taken some
18 measure of responsibility for the child and the child's future, and
19 demonstrated a full commitment to the responsibilities of parenthood
20 by financial support of the child, of a fair and reasonable sum and
21 in accordance with the father's ability, when not prevented from
22 doing so by the person or authorized agency having lawful custody of
23 the child, and either:
24 1. Visiting the child at least monthly when physically and
25 financially able to do so, and when not prevented from doing so
26 by the person or authorized agency having lawful custody of the
27 child; or
28 2. Have regular communication with the child or with the person
29 or agency having the care or custody of the child, when physi-
30 cally and financially unable to visit the child, and when not
31 prevented from doing so by the person or authorized agency hav-
32 ing lawful custody of the child.
33 (ii) The subjective intent of an unmarried biological father,
34 whether expressed or otherwise, unsupported by evidence of acts spec-
35 ified in this subsection shall not preclude a determination that the
36 father failed to meet the requirements of this subsection.
37 (iii) An unmarried biological father who openly lived with the child
38 for a period of six (6) months within the one (1) year period after
39 the birth of the child and immediately preceding placement of the
40 child with adoptive parents, and who openly held himself out to be
41 the father of the child during that period, shall be deemed to have
42 developed a substantial relationship with the child and to have
43 otherwise met the requirements of this subsection.
44 (b) With regard to a child who is under six (6) months of age at the time
45 he is placed with adoptive parents, an unmarried biological father shall
46 have manifested a full commitment to his parental responsibilities by per-
47 forming all of the acts described in this subsection prior to the place-
48 ment for adoption of the child in the home of prospective parents or prior
49 to the date of commencement of any proceeding to terminate the parental
50 rights of the birth mother, whichever event occurs first. The father
51 shall:
52 (i) Commence proceedings to establish paternity under section
53 7-1111, Idaho Code, and file with that court a sworn affidavit stat-
54 ing that he is fully able and willing to have full custody of the
55 child, setting forth his plans for the care of the child, and agree-
4
1 ing to a court order of child support and the payment of expenses
2 incurred in connection with the mother's pregnancy and the child's
3 birth;
4 (ii) File a notice of his commencement of proceedings to establish
5 his paternity of the child with the vital statistics unit of the
6 department of health and welfare pursuant to section 16-1513, Idaho
7 Code; and
8 (iii) If he had actual knowledge of the pregnancy, pay a fair and
9 reasonable amount of the expenses incurred in connection with the
10 mother's pregnancy and the child's birth, in accordance with his
11 means, and when not prevented from doing so by the person or autho-
12 rized agency having lawful custody of the child.
13 (3) An unmarried biological father whose consent is required under sub-
14 section (1) or (2) of this section may nevertheless lose his right to consent
15 if the court determines, in accordance with the requirements and procedures of
16 the termination of parent and child relationship act, sections 16-2001 through
17 16-2015, Idaho Code, that his rights should be terminated, based on the peti-
18 tion of any party as set forth in section 16-2004, Idaho Code.
19 (4) If there is no showing that an unmarried biological father has con-
20 sented to or waived his rights regarding a proposed adoption, the petitioner
21 shall file with the court a certificate from the vital statistics unit of the
22 department of health and welfare, signed by the state registrar of vital sta-
23 tistics, stating that a diligent search has been made of the registry of
24 notices from putative fathers, of a child born out of wedlock, and that the
25 putative father involved has not filed notice of his commencement of proceed-
26 ings to establish his paternity, or if a filing is found, stating the name of
27 the putative father and the time and date of filing. That certificate shall be
28 filed with the court prior to the entrance of the final decree of adoption.
29 (5) An unmarried biological father who does not fully and strictly comply
30 with each of the conditions provided in this section, is deemed to have waived
31 and surrendered any right in relation to the child, including the right to
32 notice of any judicial proceeding in connection with the adoption of the
33 child, and his consent to the adoption of the child is not required.
34 (6) A minor parent has the power to consent to the adoption of his or her
35 child. That consent is valid and has the same force and effect as a consent
36 executed by an adult parent. A minor parent, having executed a consent, cannot
37 revoke that consent upon reaching the age of majority or otherwise becoming
38 emancipated.
39 (7) No consent shall be required of, nor notice given to, any person
40 whose parental relationship to such child shall have been terminated in accor-
41 dance with the provisions of either chapter 16 or 20, title 16, Idaho Code, or
42 by a court of competent jurisdiction of a sister state under like proceedings;
43 or in any other manner authorized by the laws of a sister state. Where a vol-
44 untary child placement agency licensed by the state in which it does business
45 is authorized to place a child for adoption and to consent to such child's
46 adoption under the laws of such state, the consent of such agency to the adop-
47 tion of such child in a proceeding within the state of Idaho shall be valid
48 and no further consents or notices shall be required.
49 (8) The legislature finds that an unmarried biological father who resides
50 in another state may not, in every circumstance, be reasonably presumed to
51 know of, and strictly comply with, the requirements of this chapter. Therefore
52 when all of the following requirements have been met, that unmarried biologi-
53 cal father may contest an adoption, prior to finalization of the decree of
54 adoption, and assert his interest in the child:
55 (a) The unmarried biological father resides and has resided in another
5
1 state where the unmarried mother was also located or resided;
2 (b) The mother left that state without notifying or informing the unmar-
3 ried biological father that she could be located in the state of Idaho;
4 (c) The unmarried biological father has, through every reasonable means,
5 attempted to locate the mother but does not know or have reason to know
6 that the mother is residing in the state of Idaho; and
7 (d) The unmarried biological father has complied with the most stringent
8 and complete requirements of the state where the mother previously resided
9 or was located, in order to protect and preserve his parental interest and
10 rights in the child in cases of adoption.
11 (9) Notwithstanding section 7-1107, Idaho Code, a proceeding to establish
12 paternity filed pursuant to this section may be filed prior to the birth of
13 the child.
14 SECTION 3. That Section 16-1505, Idaho Code, be, and the same is hereby
15 repealed.
16 SECTION 4. That Section 16-1506, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 16-1506. PROCEEDINGS ON ADOPTION. (1) Proceedings to adopt a child shall
19 be commenced by the filing of a petition together with a copy thereof. Said
20 petition shall be initiated by the person or persons proposing to adopt the
21 child and shall be filed with the district court of the county in which said
22 person or persons reside. The petitioners shall have resided and maintained a
23 dwelling within the state of Idaho for at least six (6) consecutive months
24 prior to the filing of a petition. The petition shall set forth the name and
25 address of the petitioner or petitioners, the name of the child proposed to be
26 adopted and the name by which the person to be adopted shall be known if and
27 when adopted, the degree of relationship of the child, if any, to the peti-
28 tioner or petitioners and the names of any person or agency whose consent to
29 said adoption is necessary. At the time fixed for hearing such petition the
30 person adopting a child, and the child adopted, and the spouse of petitioner
31 if a natural parent of the child, must appear before the court of the county
32 wherein the petition was filed. Petitioner shall at such time execute an
33 agreement to the effect that the child shall be adopted and treated in all
34 respects as his own lawful child should be treated.
35 (2) Any person or persons whose consent is required shall execute such
36 consent in writing, in a form consistent with the provisions of subsection e.
37 of section 16-2005, Idaho Code, which consent being filed in the court where
38 the application is made, shall be deemed a sufficient appearance on the part
39 of such person or persons. If any adoptive parent, or a person not a minor
40 being adopted by a resident adult under the provisions of section 16-1501,
41 Idaho Code, is a member of the armed services and is unable to attend the
42 hearing, his appearance and testimony shall be received by means of deposi-
43 tion, which shall be filed in the court at the time of the hearing.
44 (3) Prior to the placement for adoption of any child in the home of pro-
45 spective adoptive parents, it shall be required that a thorough social inves-
46 tigation of the prospective adoptive family and all of its members, consistent
47 with the rules regarding such investigations promulgated by the department of
48 health and welfare, shall be completed and that a positive recommendation for
49 adoptive placement shall have been made. The social investigation may be per-
50 formed by any individual who meets the requirements of the law. If the pro-
51 spective adoptive parent has a disability as defined in this chapter, the pro-
52 spective adoptive parent shall have the right, as a part of the social study,
6
1 to provide information regarding the manner in which the use of adaptive
2 equipment or supportive services will enable the parent to carry out the
3 responsibilities of parenting the child. The person performing the social
4 investigation shall advise the prospective adoptive parent of such right and
5 shall consider all such information in any findings or recommendations. The
6 social investigation of any prospective adoptive parent with a disability
7 shall be conducted by, or with the assistance of, an individual with exper-
8 tise in the use of such equipment and services. Nothing in this chapter shall
9 be construed to create any new or additional obligation on state or local gov-
10 ernments to purchase or provide adaptive equipment or supportive services for
11 parents with disabilities. A copy of the study must be submitted to the
12 department and the department may impose a reasonable fee, not to exceed fifty
13 dollars ($50.00), for oversight of such privately conducted studies. In those
14 instances where the prospective adoptive parent is married to the birth parent
15 or is the grandparent of the child to be adopted, such social investigation
16 shall be completed with regard to the prospective adoptive parent only upon
17 order of the court. In exigent circumstances where the prospective adoptive
18 parents are determined by the court to have been unable to complete a social
19 investigation of the family with a positive recommendation prior to the time
20 the child is placed in the home, the child shall remain in the home unless the
21 court determines the best interests of the child are served by other place-
22 ment. If exigent circumstances exist, a social investigation shall be initi-
23 ated within five (5) days of placement. Once initiated, all studies shall be
24 completed within sixty (60) days. Upon the filing of a petition to adopt a
25 minor child by a person unrelated to the child or unmarried to a natural par-
26 ent of the child and at the discretion of the court upon the filing of any
27 other petition for adoption, a copy of such petition, together with a state-
28 ment containing the full names and permanent addresses of the child and the
29 petitioners, shall be served by the court receiving the petition within five
30 (5) days on the director of the department of health and welfare by registered
31 mail or personal service. If no private investigation is conducted, it shall
32 then be the duty of the said director, through the personnel of the department
33 or through such qualified child-placing children's adoption agency incorpo-
34 rated under chapter 3, title 30, Idaho Code, as the director may designate, to
35 verify the allegations of the petition, and as soon as possible not exceeding
36 thirty (30) days after service of the petition on the director to make a thor-
37 ough investigation of the matter to include in all cases information as to the
38 alleged date and place of birth and as to parentage of the child to be adopted
39 as well as the source of all such information and report his findings in writ-
40 ing to the court. The investigative report shall include reasonably known or
41 available medical and genetic information regarding both natural parents and
42 sources of such information as well as reasonably known or available providers
43 of medical care and services to the natural parents. A copy of all medical and
44 genetic information compiled in the investigation shall be made available to
45 the adopting family by the department or other investigating children's adop-
46 tion agency prior to entry of the final order of adoption. The petition,
47 statement and all other papers, records or files relating to the adoption,
48 including the preplacement investigation and recommendation, shall be returned
49 to the court with the investigative report. The department of health and wel-
50 fare or other children's adoption agency may require the petitioner to pay all
51 or any part of the costs of the investigation. If the report disapproves of
52 the adoption of the child, motion may be made to the court to dismiss the
53 petition.
54 (4) Proceedings for termination of parent-child relationship in accor-
55 dance with chapter 20, title 16, Idaho Code, and proceedings for adoption may
7
1 be consolidated and determined at one (1) hearing provided that all of the
2 requirements of this chapter as well as chapter 20, title 16, Idaho Code, be
3 fully complied with. Nothing in either chapter shall be construed as limiting
4 the initiation of any petition for approval of a verified financial plan for
5 adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth
6 of the child which is the subject of any adoption proceeding provisions of
7 section 16-1516, Idaho Code. In all disputed matters under this chapter or
8 chapter 20, title 16, Idaho Code, the paramount criterion for consideration
9 and determination by the court shall be the best interests of the child.
10 (5) Proceedings for the adoption of an adult shall be as provided in sub-
11 section (1) of this section and any consents required shall be executed as
12 provided in subsection (2) of this section. Upon a finding by the court that
13 the consent of all persons for whom consent is required has been given and
14 that the requirements of section 16-1501, Idaho Code, have been proven to the
15 satisfaction of the court, the court shall enter an order granting the adop-
16 tion. In cases where the adult proposed to be adopted is incapacitated or dis-
17 abled, the court may require that an investigation be performed. The form and
18 extent of the investigation to be undertaken may be as provided in subsection
19 (3) of this section, or as otherwise ordered by the court. If an investigation
20 is performed, the court must review and approve the findings of the investiga-
21 tion before issuing an order approving the adoption.
22 SECTION 5. That Chapter 15, Title 16, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 16-1516, Idaho Code, and to read as follows:
25 16-1516. FINANCIAL ASSISTANCE -- PAYMENT OF LEGAL, MEDICAL, AND LIVING
26 EXPENSES RELATED TO BIRTH OF CHILD IN CONNECTION WITH ADOPTION. Any person or
27 agency seeking to provide financial assistance in connection with the place-
28 ment of a child for adoption in addition to the actual legal expenses, the
29 actual medical expenses for doctors, hospitals and other health care
30 providers, and up to two thousand dollars ($2,000) for reasonable and normal
31 living, maternity and related expenses incurred by or on behalf of the birth
32 mother or the child in connection with the pregnancy of the mother and the
33 birth of the child for six (6) weeks postpartum, shall first apply to the
34 court in which the petition for termination of parental rights of the birth
35 mother is filed for approval of such additional expenditures.
36 SECTION 6. That Section 16-2007, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. After a petition has been
39 filed, the court shall set the time and place for hearing, and shall cause
40 notice thereof to be given to the petitioner, the parents of the child if mar-
41 ried, the mother of the child if unmarried, those persons entitled to notice
42 pursuant to section 16-1513, Idaho Code, the guardian of the person of the
43 child, the person having legal custody of the child, any individual standing
44 in loco parentis to the child, and the guardian ad litem of any party, or if
45 service cannot be had on the parent or guardian, then upon the nearest blood
46 relative named in the petition. The division of welfare of the Idaho depart-
47 ment of health and welfare shall be given notice of the hearing if the peti-
48 tion for termination was not filed in conjunction with a petition for adoption
49 or by an adoption agency licensed by the state of Idaho. Notice shall be given
50 by personal service on the parents or guardian. Where reasonable efforts to
51 effect personal service have been unsuccessful, the court shall order service
8
1 by registered or certified mail to the last known address of the person to be
2 notified and by publication once a week for three (3) successive weeks in a
3 newspaper or newspapers to be designated by the court as most likely to give
4 notice to the person to be served. The hearing shall take place no sooner than
5 ten (10) days after service of notice, or where service is by registered or
6 certified mail and publication, the hearing shall take place no sooner than
7 ten (10) days after the date of last publication. Notice and appearance may be
8 waived by a parent in writing before the court or in the presence of, and wit-
9 nessed by, a clerk of court or a representative of an authorized agency, pro-
10 vided that such parent has been apprised by the court or by such person of the
11 meaning and consequences of the termination action. Where the parent resides
12 outside the state, the waiver shall be acknowledged before a notary of the
13 state and shall contain the current address of the parent. The parent who has
14 executed such a waiver shall not be required to appear. When the termination
15 of the parent and child relationship is sought and the parent is determined to
16 be incompetent to participate in the proceeding, the court shall appoint a
17 guardian ad litem for the alleged incompetent parent. The court may in any
18 other case appoint a guardian ad litem, as may be deemed necessary or desir-
19 able, for any party. Where the putative father has failed to timely commence
20 proceedings to establish paternity under section 7-1111, Idaho Code, and by
21 filing with the vital statistics unit of the department of health and welfare,
22 notice of his commencement of proceedings to establish his paternity of the
23 child born out of wedlock, notice under this section is not required unless
24 such putative father is one of those persons specifically set forth in section
25 16-1505(1) required to provide consent to adoption pursuant to the provisions
26 of section 16-1504, Idaho Code. If a parent fails to file a claim of parental
27 rights pursuant to the provisions of chapter 81, title 39, Idaho Code, for a
28 child left with a safe haven pursuant thereto, prior to entry of an order ter-
29 minating their parental rights, that parent is deemed to have abandoned the
30 child and waived and surrendered any right in relation to the child, including
31 the right to notice of any judicial proceeding in connection with the termina-
32 tion of parental rights.
33 SECTION 7. That Section 16-2008, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-2008. INVESTIGATION PRIOR TO DISPOSITION. a. If a petition for adop-
36 tion is not filed in conjunction with a petition for termination, or the peti-
37 tion for termination was not filed by a children's adoption agency licensed by
38 the state of Idaho upon the filing of a petition for termination, the court
39 shall direct the department of health and welfare, bureau of child support
40 enforcement to submit a written financial analysis report within thirty (30)
41 days from date of notification, detailing the amount of any unreimbursed pub-
42 lic assistance moneys paid by the state of Idaho on behalf of the child. The
43 financial analysis shall include recommendations regarding repayment of
44 unreimbursed public assistance and provisions for future support for the
45 child, and the reasons therefor.
46 b. Upon the filing of a petition, the court may direct, in all cases
47 where written consent to termination has not been given as provided in this
48 act, that an investigation be made by the department of health and welfare,
49 division of family and children's services, or a licensed children's adoption
50 agency, and that a report in writing of such study be submitted to the court
51 prior to the hearing, except that where the department of health and welfare
52 or a licensed children's adoption agency is a petitioner, either in its own
53 right or on behalf of a parent, a report in writing of the investigation made
9
1 by such agency shall accompany the petition. The department of health and wel-
2 fare or the licensed children's adoption agency shall have thirty (30) days
3 from notification by the court during which it shall complete and submit its
4 investigation unless an extension of time is granted by the court upon appli-
5 cation by the agency. The court may order additional investigation as it deems
6 necessary. The social study shall include the circumstances of the petition,
7 the investigation, the present condition of the child and parents, proposed
8 plans for the child, and such other facts as may be pertinent to the parent
9 and child relationship, and the report submitted shall include a recommenda-
10 tion and the reasons therefor as to whether or not the parent and child rela-
11 tionship should be terminated. If the parent has a disability as defined in
12 this chapter, the parent shall have the right, as a part of the social study,
13 to provide information regarding the manner in which the use of adaptive
14 equipment or supportive services will enable the parent to carry out the
15 responsibilities of parenting the child. The person performing the social
16 investigation shall advise the parent of such right and shall consider all
17 such information in any findings or recommendations. The social study shall be
18 conducted by, or with the assistance of, an individual with expertise in the
19 use of such equipment and services. Nothing in this section shall be construed
20 to create any new or additional obligations on state or local governments to
21 purchase or provide adaptive equipment or supportive services for parents with
22 disabilities. Where the parent is a minor, if the report does not include a
23 statement of contact with the parents of said minor, the reasons therefor
24 shall be set forth. The purpose of the investigation is to aid the court in
25 making disposition of the petition and shall be considered by the court prior
26 thereto.
27 c. No social study or investigation as provided for in subsection b. of
28 this section shall be directed by the court with respect to the putative
29 father who has failed to timely commence proceedings to establish paternity
30 under section 7-1111, Idaho Code, and by filing with the vital statistics unit
31 of the department of health and welfare, notice of his commencement of pro-
32 ceedings to establish his paternity of the child, unless such putative father
33 is one of those persons specifically set forth in section 16-1505(1) required
34 to provide consent to adoption pursuant to the provisions of section 16-1504,
35 Idaho Code.
36 SECTION 8. That Section 18-1511, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 18-1511. SALE OR BARTER OF CHILD FOR ADOPTION OR OTHER PURPOSE PENALIZED
39 -- ALLOWED EXPENSES. Any person or persons who shall sell or barter any child
40 for adoption or for any other purpose, shall be guilty of a felony, and upon
41 conviction shall be punished by imprisonment in the state penitentiary for not
42 more than fourteen (14) years, or by a fine of not more than five thousand
43 dollars ($5,000), or by both such fine and imprisonment. The payment of legal,
44 medical, maternity and living expenses as provided in section 16-1516, Idaho
45 Code, shall not constitute the sale or barter of a child for adoption or for
46 any other purpose.
47 Provided however, this section shall not prohibit any person, or adoption
48 agency from providing, in addition to legal and medical costs, reasonable
49 maternity and living expenses during the pregnancy and for a period not to
50 exceed six (6) weeks post partum based upon demonstrated financial need.
51 Any person or agency, seeking to provide financial assistance in excess of
52 five hundred dollars ($500) shall do so after informally submitting to a court
53 of competent jurisdiction, a verified financial plan outlining proposed expen-
10
1 ditures. The court may approve or amend such a proposal. Only after court
2 approval shall assistance totaling more than five hundred dollars ($500)
3 become available to the birth parent. A prospective adoptive parent, or
4 another person acting on behalf of a prospective adoptive parent, shall make
5 payments for allowed expenses only to third party vendors, as is reasonably
6 practical. All actual expenditures shall be presented by verified affidavit
7 of counsel or the agency at the time of the adoption finalization.
8 No financial assistance to a birth parent shall exceed the sum of two
9 thousand dollars ($2,000) unless otherwise authorized by the court. The
10 financial assistance contemplated by this section shall be considered a chari-
11 table gift, not subject to recovery under the terms of section 16-1515, Idaho
12 Code.
13 SECTION 9. That Section 18-1512, Idaho Code, be, and the same is hereby
14 repealed.
STATEMENT OF PURPOSE
RS 14733
The purpose of this legislation is to provide updates to Idaho's
termination of parental rights and adoption statutes. In short,
it provides that the sexual relationship constitutes notice of
the potential pregnancy and adoption proceeding. As a result,
the primary responsibility for protecting and establishing
parental rights is upon the unmarried biological father. Further
it modifies the consent to adoption provisions of the code, by
striking a consent requirement by the unmarried biological father
that has acknowledged the illegitimate child. It repeals Idaho
Code 16-1505 together with certain ancillary sections
throughout Title 16 Chapter 15.
Further, it allows the payment of up to $2,000 to the birth
mother for limited legal and medical expenses by any person or
adoption agency. Finally, it amends Title 18 on the sale or
barter of child to be consistent with the allowance made
previously in the bill.
FISCAL NOTE
No fiscal impact is contemplated consistent with Joint Rule 18.
Contact
Name: Kent Foster
Holden Kidwell, P.O. Box 50130, Idaho Falls, ID 83405-0130
Phone: 208/523-0620
Senator Bart M. Davis
Phone: 208/332-1305
STATEMENT OF PURPOSE/FISCAL NOTE S 1121