2005 Legislation
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SENATE BILL NO. 1240 – Child protection, H&W employees


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Bill Status

S1240......................................................by STATE AFFAIRS
CHILD PROTECTION - Amends existing law to provide requirements governing
Department of Health and Welfare employees whose job duties are related to
the Child Protective Services system.
04/05    Senate intro - 1st rdg - to printing
    Rpt prt - to St Aff
    Rpt out - rec d/p - to 2nd rdg
    Rls susp - PASSED - 27-7-1
      AYES -- Brandt, Broadsword, Bunderson, Burtenshaw, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Fulcher(Fulcher), Gannon, Geddes,
      Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie,
      Pearce, Richardson, Schroeder, Stegner, Sweet, Williams
      NAYS -- Burkett, Kelly, Langhorst, Malepeai, Marley, Stennett, Werk
      Absent and excused -- Andreason
    Floor Sponsor - Pearce
    Title apvd - to House
04/06    House intro - 1st rdg - to 2nd rdg
    Rls susp - PASSED - 69-0-1
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
      Ellsworth(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(Roberge), Ringo, Roberts, Rusche, Rydalch, Sali, Sayler(Callen),
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Trail
    Floor Sponsor - McGeachin
    Title apvd - to Senate
04/06    To enrol - Rpt enrol - Pres signed
04/07    Sp signed - To Governor
04/11    Governor signed
         Session Law Chapter 332
         Effective: 07/01/05

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                       IN THE SENATE
                                    SENATE BILL NO. 1240
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION  1.  That  Section 16-1623, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
  8        16-1623.  POWERS AND DUTIES OF THE DEPARTMENT. The department, working  in
  9    conjunction  with the court and other public and private agencies and persons,
 10    shall have the primary responsibility to implement the purpose of  this  chap-
 11    ter.  To  this  end, the department is empowered and shall have the duty to do
 12    all things reasonably necessary to carry out  the  purpose  of  this  chapter,
 13    including, but not limited to, the following:
 14        (a)  The department shall administer treatment programs for the protection
 15    and  care  of  neglected,  abused  and abandoned children, and in so doing may
 16    place in foster care, shelter care, or other diagnostic,  treatment,  or  care
 17    centers or facilities, children of whom it has been given custody. The depart-
 18    ment  is  to be governed by the standards found in chapter 12, title 39, Idaho
 19    Code.
 20        (b)  On December 1, the department shall make an annual statistical report
 21    to the governor covering the preceding fiscal year showing the number and sta-
 22    tus of persons in its custody and including such other data  as  will  provide
 23    sufficient facts for sound planning in the conservation of children and youth.
 24    All  officials  and  employees of the state and of every county and city shall
 25    furnish the department upon request, such information within  their  knowledge
 26    and  control as the department deems necessary. Local agencies shall report in
 27    such uniform format as may be required by the department.
 28        (c)  The department shall be required to maintain a central  registry  for
 29    the  reporting  of  child neglect, abuse and abandonment information. Provided
 30    however, that the department shall not retain any information for this purpose
 31    relating to a child, or parent of a child, abandoned pursuant to  chapter  81,
 32    title 39, Idaho Code.
 33        (d)  The  department  shall make periodic evaluation of all persons in its
 34    custody or under its supervision for the purpose of determining whether exist-
 35    ing orders and dispositions in individual cases shall be modified or continued
 36    in force. Evaluations may be made as frequently as  the  department  considers
 37    desirable  and  shall  be  made  with respect to every person at intervals not
 38    exceeding six (6) months. Reports of evaluation made pursuant to this  section
 39    shall  be  filed  with  the  court which vested custody of the person with the
 40    department. Reports of evaluation shall be provided to persons having full  or
 41    partial  legal  or  physical  custody of a child. Failure of the department to
 42    evaluate a person or to reevaluate him within six (6)  months  of  a  previous
 43    examination  shall not of itself entitle the person to a change in disposition
  1    but shall entitle him, his parent, guardian or custodian  or  his  counsel  to
  2    petition the court pursuant to section 16-1611, Idaho Code.
  3        (e)  In a consultive capacity, the department shall assist communities in
  4    the  development  of  constructive programs for the protection, prevention and
  5    care of children and youth.
  6        (f)  The department shall keep written records of investigations,  evalua-
  7    tions,  prognoses  and all orders concerning disposition or treatment of every
  8    person over whom it has legal custody. Department records shall be subject  to
  9    disclosure  according  to  chapter  3,  title  9, Idaho Code, unless otherwise
 10    ordered by the court, the person consents to the disclosure, or disclosure  is
 11    necessary for the delivery of services to the person. Notwithstanding the pro-
 12    visions  restricting  disclosure or the exemptions from disclosure provided in
 13    chapter 3, title 9, Idaho Code, all records pertaining to investigations,  the
 14    rehabilitation  of  youth,  the  protection of children, evaluation, treatment
 15    and/or disposition records pertaining to the statutory responsibilities of the
 16    department shall be disclosed to any duly elected state official carrying  out
 17    his official functions.
 18        (g)  The  department shall establish appropriate administrative procedures
 19    for the processing of complaints  of  child  neglect,  abuse  and  abandonment
 20    received  and  for the implementation of the protection, treatment and care of
 21    children formally or informally placed in the custody of the department  under
 22    this chapter including, but not limited to:
 23        (1)  Department  employees  whose job duties are related to the child pro-
 24        tective services system under this chapter shall first be  trained  as  to
 25        their  obligations under this chapter regarding the protection of children
 26        whose health and safety may be endangered. The  curriculum  shall  include
 27        information  regarding  their  legal  duties, how to conduct their work in
 28        conformity with the requirements of this  chapter,  information  regarding
 29        applicable  federal and state laws with regard to the rights of the child,
 30        parent and others who may be under investigation under the  child  protec-
 31        tive  services system, and the applicable legal and constitutional parame-
 32        ters within which they are to conduct their work.
 33        (2)  Department employees whose job duties are related to the  child  pro-
 34        tective  services  system shall advise the individual of the complaints or
 35        allegations made against the individual at the time of  the  initial  con-
 36        tact, consistent with protecting the identity of the referrant.
 37        (h)  The  department having been granted legal custody of a child, subject
 38    to the judicial review provisions of this subsection, shall have the right  to
 39    determine  where  and  with whom the child shall live, provided that the child
 40    shall not be placed outside the state without the  court's  consent.  Provided
 41    however, that the court shall retain jurisdiction over the child, which juris-
 42    diction  shall  be  entered on any order or petition granting legal custody to
 43    the department, and the court shall have jurisdiction over all matters  relat-
 44    ing  to  the  child. The department shall not place the child in the home from
 45    which the court ordered the child removed without first obtaining the approval
 46    of the court.
 47        (i)  The department shall give to the court any information concerning the
 48    child that the court may at any time require, but in any  event  shall  report
 49    the  progress of the child under its custody at intervals of not to exceed six
 50    (6) months. The department shall file with the court at least  five  (5)  days
 51    prior  to the permanency hearing under section 16-1611, Idaho Code, the perma-
 52    nency plan and recommendations of the department. There shall be a  rebuttable
 53    presumption that if a child is placed in the custody of the department and was
 54    also  placed  in  out of the home care for a period not less than fifteen (15)
 55    out of the last twenty-two (22) months from the date the child entered shelter
  1    care, the department shall initiate a petition  for  termination  of  parental
  2    rights.  This  presumption  may be rebutted by a finding of the court that the
  3    filing of a petition for termination of parental rights would not  be  in  the
  4    best  interests  of  the child or reasonable efforts have not been provided to
  5    reunite the child with his family,  or the child is placed permanently with  a
  6    relative.
  7        (j)  The  department shall establish appropriate administrative procedures
  8    for the conduct of administrative reviews and hearings as required by  federal
  9    statute  for all children committed to the department and placed in out of the
 10    home care.
 11        (k)  At any time the department is considering  a  placement  pursuant  to
 12    this  act, the department shall make a reasonable effort to place the child in
 13    the least disruptive environment to the child and in so  doing  may  consider,
 14    without limitation, placement of the child with related persons.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 15239

The purpose of this legislation is to add to state law the
federal protections required under the "Keeping Children and
Families Safe Act of 2003." 

                          FISCAL NOTE 

There is no fiscal impact to the general fund. 


Contact Name: 
Rep. Janice McGeachin 
Phone: 208-332-1000 
Sen. Monty Pearce 
Idaho Coalition of Home Educators 

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1240