2007 Legislation
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HOUSE BILL NO. 171 – Child protectn/shelter care/hearing

HOUSE BILL NO. 171

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H0171aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
CHILD PROTECTIVE ACT - Amends existing law relating to the Child Protective
Act to provide language requiring a court finding; to require a court to
include on the summons an order to remove the child; to revise provisions
applicable to shelter care hearings; to revise provisions relating to the
delivery of investigative reports prior to pretrial conferences; to revise
requirements for court findings; to remove language requiring a decree to
provide for the preparation of written case plans within a specified
period; to revise provisions relating to review and permanency hearings;
and to require the filing of a permanency plan and department
recommendations at least five days prior to a permanency hearing in the
case of a finding of aggravated circumstances.
                                                                        
02/12    House intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/16    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 68-0-2
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
      Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
      Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
      NAYS -- None
      Absent and excused -- Lake, Stevenson
    Floor Sponsor - Bolz
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Jud
03/12    Rpt out - to 14th Ord
03/13    Rpt out amen - to 1st rdg as amen
03/14    1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 34-0-1
      AYES -- Andreason, Bair, Bilyeu, Broadsword, Burkett, Cameron,
      Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde,
      Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
      Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Bastian
    Floor Sponsor - Davis
    Title apvd - to House
03/15    House concurred in Senate amens - to engros
03/16    Rpt engros - 1st rdg - to 2nd rdg as amen
03/19    2nd rdg - to 3rd rdg as amen
03/20    3rd rdg as amen - PASSED - 66-0-4
      AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
      Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chew, Clark,
      Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
      Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
      Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
      Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring,
      Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35)
      NAYS -- None
      Absent and excused -- Bedke, Chavez, Henderson, Mr. Speaker
    Floor Sponsor - Bolz
    Title apvd - to enrol
03/21    Rpt enrol - Sp signed
03/22    Pres signed - To Governor
03/27    Governor signed
         Session Law Chapter 223
         Effective: 07/01/07

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 171
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1611, IDAHO CODE, TO
  3        PROVIDE LANGUAGE REQUIRING A COURT FINDING, TO REQUIRE A COURT TO  INCLUDE
  4        ON  THE  SUMMONS  AN  ORDER TO REMOVE THE CHILD AND TO REVISE TERMINOLOGY;
  5        AMENDING  SECTION 16-1615, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE  TO
  6        SHELTER  CARE  HEARINGS;  AMENDING  SECTION 16-1619, IDAHO CODE, TO REVISE
  7        PROVISIONS RELATING TO THE DELIVERY OF INVESTIGATIVE REPORTS PRIOR TO PRE-
  8        TRIAL CONFERENCES, TO REVISE REQUIREMENTS FOR COURT FINDINGS AND TO REMOVE
  9        LANGUAGE REQUIRING A DECREE TO PROVIDE FOR THE PREPARATION OF WRITTEN CASE
 10        PLANS WITHIN A SPECIFIED PERIOD; AMENDING SECTION 16-1622, IDAHO CODE,  TO
 11        REVISE PROVISIONS RELATING TO REVIEW AND PERMANENCY HEARINGS; AND AMENDING
 12        SECTION  16-1629,  IDAHO  CODE, TO REQUIRE THE FILING OF A PERMANENCY PLAN
 13        AND DEPARTMENT RECOMMENDATIONS AT LEAST FIVE DAYS PRIOR  TO  A  PERMANENCY
 14        HEARING IN THE CASE OF A FINDING OF AGGRAVATED CIRCUMSTANCES.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 16-1611, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        16-1611.  SUMMONS. (1) After a petition has been filed, the clerk  of  the
 19    court  may issue a summons requiring the person or persons who have custody of
 20    the child to bring the child before the court at the adjudicatory hearing held
 21    in accordance with section 16-1619, Idaho Code. Each parent or guardian  shall
 22    also  be  notified  in  the manner hereinafter provided of the pendency of the
 23    case and the time and place set for the hearing. A summons shall be issued and
 24    served requiring the appearance of each parent and legal guardian, and a  sum-
 25    mons  may be issued and served for any other person whose presence is required
 26    by the child, either of his parents or guardian  or  any  other  person  whose
 27    presence, in the opinion of the court, is necessary.
 28        (2)  A copy of the petition shall be attached to each summons.
 29        (3)  The  summons shall notify each of the parents, guardian or legal cus-
 30    todian of their right to retain and be represented by counsel. Each parent  or
 31    legal  guardian  of  each child named in the petition shall be notified by the
 32    court of the case and of the time and place set for the hearing.
 33        (4)  If based on facts presented to the court, it appears that  the  court
 34    has  jurisdiction  upon  the grounds set forth in section 16-1603, Idaho Code,
 35    and the court finds that the child should be removed from his  present  condi-
 36    tion  or  surroundings  because continuation in such condition or surroundings
 37    would be contrary to the welfare of the child and vesting legal  custody  with
 38    the  department or other authorized agency would be in the child's best inter-
 39    ests, the court may so shall include on the summons an  order  by  endorsement
 40    upon  the  summons  to  remove  the child. The endorsement order to remove the
 41    child shall specifically state that continuation in the present  condition  or
 42    surroundings is contrary to the welfare of the child and shall require a peace
 43    officer  or  other  suitable  person  to  take the child at once to a place of
                                                                        
                                       2
                                                                        
  1    shelter care designated by the authorized agency which shall  provide  shelter
  2    care for the child.
  3        (5)  If it appears that the child is safe in his present condition or sur-
  4    roundings  and  it is not in his best interest to remove him at this time, the
  5    court may  issue  a  protective  order  based  on  an  affidavit  pending  the
  6    adjudicatory  hearing.  If the child is in joint custody, the protective order
  7    shall state with specificity the rights and responsibilities of  each  parent.
  8    Each parent shall be provided with a copy of the protective order.
                                                                        
  9        SECTION  2.  That  Section 16-1615, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        16-1615.  SHELTER CARE HEARING. (1) Notwithstanding any other provision of
 12    this chapter, when a child is taken into  shelter  care  pursuant  to  section
 13    16-1608  or  16-1611,  Idaho  Code,  a  hearing to determine whether the child
 14    should be released shall be held according to the provisions of this section.
 15        (2)  Each of the parents or custodian from  whom  the  child  was  removed
 16    shall  be  given notice of the shelter care hearing. Such notice shall include
 17    the time, place, and purpose of the hearing; and, that such person is entitled
 18    to be represented by legal counsel. Notice  as  required  by  this  subsection
 19    shall  be  given at least twenty-four (24) hours before the shelter care hear-
 20    ing.
 21        (3)  Notice of the shelter care hearing shall be given to the  parents  or
 22    custodian  from  whom the child was removed by personal service and the return
 23    of service shall be filed with the court and to any person having joint  legal
 24    or physical custody of the subject child. Provided, however, that such service
 25    need  not  be made where the undelivered notice is returned to the court along
 26    with an affidavit stating that such parents or custodian could not be  located
 27    or were out of the state.
 28        (4)  The  shelter care hearing may be continued for a reasonable time upon
 29    request by the parent, custodian or counsel for the child.
 30        (5)  If, upon the completion of the shelter  care  hearing,  it  is  shown
 31    that:
 32        (a)  A petition has been filed; and
 33        (b)  There  is  reasonable  cause  to  believe  the child comes within the
 34        jurisdiction of the court under this chapter and that  reasonable  efforts
 35        to  prevent  the  placement of the child in shelter care could not be pro-
 36        vided because of the immediate danger to the child or  were  provided  but
 37        were  not  successful in eliminating the need for foster care placement of
 38        the child; and either:
 39             (i)   Reasonable efforts were made but were unsuccessful in eliminat-
 40             ing the need for shelter care; or
 41             (ii)  The department's efforts to  prevent  removal  were  reasonable
 42             given  that the department's assessment accurately determined that no
 43             preventive services could be safely provided; and
 44        (c)  The child could not be placed in the temporary sole custody of a par-
 45        ent having joint legal or physical custody; and
 46        (d)  It is contrary to the welfare of the child to remain in the home; and
 47        (e)  It is in the best interests of  the  child  to  remain  in  temporary
 48        shelter care pending the conclusion of the adjudicatory hearing; or
 49        (f)  There  is reasonable cause to believe that the child comes within the
 50        jurisdiction of the court under this chapter, but a reasonable  effort  to
 51        prevent  placement  of  the  child outside the home could be affected by a
 52        protective order safeguarding the  child's  welfare  and  maintaining  the
 53        child  in  his present surroundings; the court shall issue, within twenty-
                                                                        
                                       3
                                                                        
  1        four (24) hours of such hearing,  an  order  of  temporary  legal  custody
  2        and/or  a  protective  order.  Any evidence may be considered by the court
  3        which is of the type which reasonable people may rely upon.
  4        (6)  Upon ordering shelter care pursuant to subsection (5)  of  this  sec-
  5    tion, the court shall also order an adjudicatory hearing to be held as soon as
  6    possible, but in no  event later than thirty (30) days from the date the peti-
  7    tion was filed.
  8        (7)  If  the  court  does not find that the child should remain in shelter
  9    care under subsection (5) of this section, the child shall be released and the
 10    court may dismiss the petition.
                                                                        
 11        SECTION 3.  That Section 16-1619, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
                                                                        
 13        16-1619.  ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (1)
 14    When a petition has been filed, the court shall set an adjudicatory hearing to
 15    be held no later than thirty (30) days after the filing of the petition.
 16        (2)  A pretrial conference shall be held outside the presence of the court
 17    within  three (3) to five (5) days before the adjudicatory hearing. Investiga-
 18    tive reports required under section 16-1616, Idaho Code, shall be delivered to
 19    the court with copies to each of  the  parents  and  other  legal  custodians,
 20    guardian  ad  litem  and  attorney for the child prior to the date set for the
 21    pretrial conference.
 22        (3)  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        (4)  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        (5)  Upon entering its decree the court  shall  consider  any  information
 33    relevant to the disposition of the child but in any event shall:
 34        (a)  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        (b)  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        (6)  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  (4)  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        (a)  Reasonable  efforts  were made but were not successful in eliminating
 51        the need for foster care placement of the child;
 52        (b)  Reasonable efforts were not made because of immediate danger  to  the
 53        child  The  department's  efforts to prevent removal were reasonable given
                                                                        
                                       4
                                                                        
  1        that the department's assessment accurately determined that no  preventive
  2        services could be safely provided;
  3        (c)  Reasonable  efforts  to temporarily place the child with related per-
  4        sons were made but were not successful; or
  5        (d)  Reasonable efforts were not required as the parent had subjected  the
  6        child  to  aggravated  circumstances as determined by the court including,
  7        but not limited to: abandonment; torture;  chronic  abuse;  sexual  abuse;
  8        committed murder; committed voluntary manslaughter of another child; aided
  9        or  abetted,  attempted, conspired or solicited to commit such a murder or
 10        voluntary manslaughter; committed a battery that results in serious bodily
 11        injury to a child; or the parental rights of the parent to  a  sibling  of
 12        the child have been terminated involuntarily and that as a result, a hear-
 13        ing  to  determine  the  permanent future plan for this child will be held
 14        within thirty (30) days of this determination.
 15        (7)  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        (8)  A decree vesting legal custody in an authorized agency other than the
 20    department  shall be for a period of time not to exceed the child's eighteenth
 21    birthday, and on such other terms as the court shall state in its decree to be
 22    in the best interests of the child and which the court finds to be  acceptable
 23    to such authorized agency.
 24        (9)  In order to preserve the unity of the family system and to ensure the
 25    best interests of the child whether issuing an order of protective supervision
 26    or an order of legal custody, the court may consider extending or initiating a
 27    protective  order  as part of the decree. The protective order shall be deter-
 28    mined as in the best interests of the child and upon a showing  of  continuing
 29    danger to the child. The conditions and terms of the protective order shall be
 30    clearly stated in the decree.
 31        (10) If  the court does not find that the child comes within the jurisdic-
 32    tion of this chapter pursuant to subsection (4) of this section it shall  dis-
 33    miss the petition.
                                                                        
 34        SECTION  4.  That  Section 16-1622, Idaho Code, be, and the same is hereby
 35    amended to read as follows:
                                                                        
 36        16-1622.  REVIEW AND PERMANENCY HEARINGS. (1) A motion for  revocation  or
 37    modification  of  an  order  issued  under section 16-1619, 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 16-1611, Idaho Code,
 42    shall be served with notice of a motion for review of a child's case.
 43        (2)  If the motion filed under subsection (1) of this section alleges that
 44    the child's best interests are no longer served  by  carrying  out  the  order
 45    issued  under  section  16-1619, 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        (3)  A hearing for review of the child's case and permanency plan shall be
 49    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        (4)  A  hearing shall be held to review the permanency plan of the depart-
 53    ment prior to twelve (12) months from the date the child is removed  from  the
                                                                        
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  1    home  or the date of the court's order taking jurisdiction under this chapter,
  2    whichever occurs first. The court shall review, approve, reject or modify  the
  3    permanency  plan  of  the  department and review progress in accomplishing the
  4    permanency plan. This permanency hearing may be combined with the review hear-
  5    ing required under subsection (3) of this section.
  6        (5)  By order of tThe court a hearing officer may be appointed to  conduct
  7    hearings  under this section shall make written case-specific findings whether
  8    the department made reasonable efforts to finalize a permanency plan  for  the
  9    child.
 10        (6)  The department or authorized agency may move the court at any time to
 11    vacate any order placing a child in its custody or under its protective super-
 12    vision.
 13        (7)  The department or any party may move the court requesting relief from
 14    the  duty  imposed  on  the  department  pursuant to the provisions of section
 15    16-1629(9), Idaho Code, that it seek termination of parental rights. The court
 16    may grant the department's motion if it appears based on compelling reasons in
 17    the record that the presumption has been rebutted.
                                                                        
 18        SECTION 5.  That Section 16-1629, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        16-1629.  POWERS  AND DUTIES OF THE DEPARTMENT. The department, working in
 21    conjunction with the court and other public and private agencies and  persons,
 22    shall  have  the primary responsibility to implement the purpose of this chap-
 23    ter. To this end, the department is empowered and shall have the  duty  to  do
 24    all  things  reasonably  necessary  to  carry out the purpose of this chapter,
 25    including, but not limited to, the following:
 26        (1)  The department shall administer treatment programs for the protection
 27    and care of neglected, abused and abandoned children,  and  in  so  doing  may
 28    place  in  foster  care, shelter care, or other diagnostic, treatment, or care
 29    centers or facilities, children of whom it has been given custody. The depart-
 30    ment is to be governed by the standards found in chapter 12, title  39,  Idaho
 31    Code.
 32        (2)  On December 1, the department shall make an annual statistical report
 33    to the governor covering the preceding fiscal year showing the number and sta-
 34    tus  of  persons  in its custody and including such other data as will provide
 35    sufficient facts for sound planning in the conservation of children and youth.
 36    All officials and employees of the state and of every county  and  city  shall
 37    furnish  the  department upon request, such information within their knowledge
 38    and control as the department deems necessary. Local agencies shall report  in
 39    such uniform format as may be required by the department.
 40        (3)  The  department  shall be required to maintain a central registry for
 41    the reporting of child neglect, abuse and  abandonment  information.  Provided
 42    however, that the department shall not retain any information for this purpose
 43    relating  to  a child, or parent of a child, abandoned pursuant to chapter 82,
 44    title 39, Idaho Code.
 45        (4)  The department shall make periodic evaluation of all persons  in  its
 46    custody or under its supervision for the purpose of determining whether exist-
 47    ing orders and dispositions in individual cases shall be modified or continued
 48    in  force.  Evaluations  may be made as frequently as the department considers
 49    desirable and shall be made with respect to  every  person  at  intervals  not
 50    exceeding  six (6) months. Reports of evaluation made pursuant to this section
 51    shall be filed with the court which vested custody  of  the  person  with  the
 52    department.  Reports of evaluation shall be provided to persons having full or
 53    partial legal or physical custody of a child. Failure  of  the  department  to
                                                                        
                                       6
                                                                        
  1    evaluate  a  person  or  to reevaluate him within six (6) months of a previous
  2    examination shall not of itself entitle the person to a change in disposition
  3    but shall entitle him, his parent, guardian or custodian  or  his  counsel  to
  4    petition the court pursuant to section 16-1622, Idaho Code.
  5        (5)  In  a consultive capacity, the department shall assist communities in
  6    the development of constructive programs for the  protection,  prevention  and
  7    care of children and youth.
  8        (6)  The  department shall keep written records of investigations, evalua-
  9    tions, prognoses and all orders concerning disposition or treatment  of  every
 10    person  over whom it has legal custody. Department records shall be subject to
 11    disclosure according to chapter 3,  title  9,  Idaho  Code,  unless  otherwise
 12    ordered  by the court, the person consents to the disclosure, or disclosure is
 13    necessary for the delivery of services to the person. Notwithstanding the pro-
 14    visions restricting disclosure or the exemptions from disclosure  provided  in
 15    chapter  3, title 9, Idaho Code, all records pertaining to investigations, the
 16    rehabilitation of youth, the protection  of  children,  evaluation,  treatment
 17    and/or disposition records pertaining to the statutory responsibilities of the
 18    department  shall be disclosed to any duly elected state official carrying out
 19    his official functions.
 20        (7)  The department shall establish appropriate administrative  procedures
 21    for  the  processing  of  complaints  of  child neglect, abuse and abandonment
 22    received and for the implementation of the protection, treatment and  care  of
 23    children  formally or informally placed in the custody of the department under
 24    this chapter including, but not limited to:
 25        (a)  Department employees whose job duties are related to the  child  pro-
 26        tective  services  system  under this chapter shall first be trained as to
 27        their obligations under this chapter regarding the protection of  children
 28        whose  health  and  safety may be endangered. The curriculum shall include
 29        information regarding their legal duties, how to  conduct  their  work  in
 30        conformity  with  the  requirements of this chapter, information regarding
 31        applicable federal and state laws with regard to the rights of the  child,
 32        parent  and  others who may be under investigation under the child protec-
 33        tive services system, and the applicable legal and constitutional  parame-
 34        ters within which they are to conduct their work.
 35        (b)  Department  employees  whose job duties are related to the child pro-
 36        tective services system shall advise the individual of the  complaints  or
 37        allegations  made  against  the individual at the time of the initial con-
 38        tact, consistent with protecting the identity of the referrant.
 39        (8)  The department having been granted legal custody of a child,  subject
 40    to  the judicial review provisions of this subsection, shall have the right to
 41    determine where and with whom the child shall live, provided  that  the  child
 42    shall  not  be  placed outside the state without the court's consent. Provided
 43    however, that the court shall retain jurisdiction over the child, which juris-
 44    diction shall be entered on any order or petition granting  legal  custody  to
 45    the  department, and the court shall have jurisdiction over all matters relat-
 46    ing to the child. The department shall not place the child in  the  home  from
 47    which the court ordered the child removed without first obtaining the approval
 48    of the court.
 49        (9)  The department shall give to the court any information concerning the
 50    child  that  the  court may at any time require, but in any event shall report
 51    the progress of the child under its custody at intervals of not to exceed  six
 52    (6)  months.  The  department shall file with the court at least five (5) days
 53    prior to the permanency hearing either under section 16-1622, Idaho Code,  or,
 54    in  the  case of a finding of aggravated circumstances, section 16-1620, Idaho
 55    Code, the permanency plan and recommendations of the department.  There  shall
                                                                        
                                       7
                                                                        
  1    be  a  rebuttable  presumption that if a child is placed in the custody of the
  2    department and  was also placed in out of the home care for a period not  less
  3    than  fifteen  (15)  out  of the last twenty-two (22) months from the date the
  4    child entered shelter care, the department shall initiate a petition for  ter-
  5    mination  of parental rights. This presumption may be rebutted by a finding of
  6    the court that the filing of a petition for  termination  of  parental  rights
  7    would not be in the best interests of the child or reasonable efforts have not
  8    been  provided  to  reunite  the child with his family, or the child is placed
  9    permanently with a relative.
 10        (10) The department shall establish appropriate administrative  procedures
 11    for  the conduct of administrative reviews and hearings as required by federal
 12    statute for all children committed to the department and placed in out of  the
 13    home care.
 14        (11) At  any  time  the  department is considering a placement pursuant to
 15    this act, the department shall make a reasonable effort to place the child  in
 16    the  least  disruptive  environment to the child and in so doing may consider,
 17    without limitation, placement of the child with related persons.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Stegner             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 171
                                                                        
                                                                        
  1                                AMENDMENT TO SECTION 2
  2        On page 2 of the printed bill, delete lines 39 through 43 and insert:
  3             "(i)   The department made reasonable efforts to eliminate  the  need
  4             for shelter care but the efforts were unsuccessful; or
  5             (ii)  The  department  made  reasonable efforts to eliminate the need
  6             for shelter care but was not able to safely provide  preventive  ser-
  7             vices; and".
                                                                        
  8                               AMENDMENTS TO SECTION 3
  9        On page 3, delete line 53; and on page 4, delete lines 1 and 2 and insert:
 10    "child  The  department made reasonable efforts to prevent removal but was not
 11    able to safely provide preventive services;".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 171, As Amended in the Senate
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1611, IDAHO CODE, TO
  3        PROVIDE LANGUAGE REQUIRING A COURT FINDING, TO REQUIRE A COURT TO  INCLUDE
  4        ON  THE  SUMMONS  AN  ORDER TO REMOVE THE CHILD AND TO REVISE TERMINOLOGY;
  5        AMENDING  SECTION 16-1615, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE  TO
  6        SHELTER  CARE  HEARINGS;  AMENDING  SECTION 16-1619, IDAHO CODE, TO REVISE
  7        PROVISIONS RELATING TO THE DELIVERY OF INVESTIGATIVE REPORTS PRIOR TO PRE-
  8        TRIAL CONFERENCES, TO REVISE REQUIREMENTS FOR COURT FINDINGS AND TO REMOVE
  9        LANGUAGE REQUIRING A DECREE TO PROVIDE FOR THE PREPARATION OF WRITTEN CASE
 10        PLANS WITHIN A SPECIFIED PERIOD; AMENDING SECTION 16-1622, IDAHO CODE,  TO
 11        REVISE PROVISIONS RELATING TO REVIEW AND PERMANENCY HEARINGS; AND AMENDING
 12        SECTION  16-1629,  IDAHO  CODE, TO REQUIRE THE FILING OF A PERMANENCY PLAN
 13        AND DEPARTMENT RECOMMENDATIONS AT LEAST FIVE DAYS PRIOR  TO  A  PERMANENCY
 14        HEARING IN THE CASE OF A FINDING OF AGGRAVATED CIRCUMSTANCES.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION  1.  That  Section 16-1611, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        16-1611.  SUMMONS. (1) After a petition has been filed, the clerk  of  the
 19    court  may issue a summons requiring the person or persons who have custody of
 20    the child to bring the child before the court at the adjudicatory hearing held
 21    in accordance with section 16-1619, Idaho Code. Each parent or guardian  shall
 22    also  be  notified  in  the manner hereinafter provided of the pendency of the
 23    case and the time and place set for the hearing. A summons shall be issued and
 24    served requiring the appearance of each parent and legal guardian, and a  sum-
 25    mons  may be issued and served for any other person whose presence is required
 26    by the child, either of his parents or guardian  or  any  other  person  whose
 27    presence, in the opinion of the court, is necessary.
 28        (2)  A copy of the petition shall be attached to each summons.
 29        (3)  The  summons shall notify each of the parents, guardian or legal cus-
 30    todian of their right to retain and be represented by counsel. Each parent  or
 31    legal  guardian  of  each child named in the petition shall be notified by the
 32    court of the case and of the time and place set for the hearing.
 33        (4)  If based on facts presented to the court, it appears that  the  court
 34    has  jurisdiction  upon  the grounds set forth in section 16-1603, Idaho Code,
 35    and the court finds that the child should be removed from his  present  condi-
 36    tion  or  surroundings  because continuation in such condition or surroundings
 37    would be contrary to the welfare of the child and vesting legal  custody  with
 38    the  department or other authorized agency would be in the child's best inter-
 39    ests, the court may so shall include on the summons an  order  by  endorsement
 40    upon  the  summons  to  remove  the child. The endorsement order to remove the
 41    child shall specifically state that continuation in the present  condition  or
 42    surroundings is contrary to the welfare of the child and shall require a peace
 43    officer  or  other  suitable  person  to  take the child at once to a place of
                                                                        
                                       2
                                                                        
  1    shelter care designated by the authorized agency which shall  provide  shelter
  2    care for the child.
  3        (5)  If it appears that the child is safe in his present condition or sur-
  4    roundings  and  it is not in his best interest to remove him at this time, the
  5    court may  issue  a  protective  order  based  on  an  affidavit  pending  the
  6    adjudicatory  hearing.  If the child is in joint custody, the protective order
  7    shall state with specificity the rights and responsibilities of  each  parent.
  8    Each parent shall be provided with a copy of the protective order.
                                                                        
  9        SECTION  2.  That  Section 16-1615, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        16-1615.  SHELTER CARE HEARING. (1) Notwithstanding any other provision of
 12    this chapter, when a child is taken into  shelter  care  pursuant  to  section
 13    16-1608  or  16-1611,  Idaho  Code,  a  hearing to determine whether the child
 14    should be released shall be held according to the provisions of this section.
 15        (2)  Each of the parents or custodian from  whom  the  child  was  removed
 16    shall  be  given notice of the shelter care hearing. Such notice shall include
 17    the time, place, and purpose of the hearing; and, that such person is entitled
 18    to be represented by legal counsel. Notice  as  required  by  this  subsection
 19    shall  be  given at least twenty-four (24) hours before the shelter care hear-
 20    ing.
 21        (3)  Notice of the shelter care hearing shall be given to the  parents  or
 22    custodian  from  whom the child was removed by personal service and the return
 23    of service shall be filed with the court and to any person having joint  legal
 24    or physical custody of the subject child. Provided, however, that such service
 25    need  not  be made where the undelivered notice is returned to the court along
 26    with an affidavit stating that such parents or custodian could not be  located
 27    or were out of the state.
 28        (4)  The  shelter care hearing may be continued for a reasonable time upon
 29    request by the parent, custodian or counsel for the child.
 30        (5)  If, upon the completion of the shelter  care  hearing,  it  is  shown
 31    that:
 32        (a)  A petition has been filed; and
 33        (b)  There  is  reasonable  cause  to  believe  the child comes within the
 34        jurisdiction of the court under this chapter and that  reasonable  efforts
 35        to  prevent  the  placement of the child in shelter care could not be pro-
 36        vided because of the immediate danger to the child or  were  provided  but
 37        were  not  successful in eliminating the need for foster care placement of
 38        the child; and either:
 39             (i)   The department made reasonable efforts to  eliminate  the  need
 40             for shelter care but the efforts were unsuccessful; or
 41             (ii)  The  department  made  reasonable efforts to eliminate the need
 42             for shelter care but was not able to safely provide  preventive  ser-
 43             vices; and
 44        (c)  The child could not be placed in the temporary sole custody of a par-
 45        ent having joint legal or physical custody; and
 46        (d)  It is contrary to the welfare of the child to remain in the home; and
 47        (e)  It  is  in  the  best  interests  of the child to remain in temporary
 48        shelter care pending the conclusion of the adjudicatory hearing; or
 49        (f)  There is reasonable cause to believe that the child comes within  the
 50        jurisdiction  of  the court under this chapter, but a reasonable effort to
 51        prevent placement of the child outside the home could  be  affected  by  a
 52        protective  order  safeguarding  the  child's  welfare and maintaining the
 53        child in his present surroundings; the court shall issue,  within  twenty-
                                                                        
                                       3
                                                                        
  1        four  (24)  hours  of  such  hearing,  an order of temporary legal custody
  2        and/or a protective order. Any evidence may be  considered  by  the  court
  3        which is of the type which reasonable people may rely upon.
  4        (6)  Upon  ordering  shelter  care pursuant to subsection (5) of this sec-
  5    tion, the court shall also order an adjudicatory hearing to be held as soon as
  6    possible, but in no  event later than thirty (30) days from the date the peti-
  7    tion was filed.
  8        (7)  If the court does not find that the child should  remain  in  shelter
  9    care under subsection (5) of this section, the child shall be released and the
 10    court may dismiss the petition.
                                                                        
 11        SECTION  3.  That  Section 16-1619, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        16-1619.  ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (1)
 14    When a petition has been filed, the court shall set an adjudicatory hearing to
 15    be held no later than thirty (30) days after the filing of the petition.
 16        (2)  A pretrial conference shall be held outside the presence of the court
 17    within three (3) to five (5) days before the adjudicatory hearing.  Investiga-
 18    tive reports required under section 16-1616, Idaho Code, shall be delivered to
 19    the  court  with  copies  to  each  of the parents and other legal custodians,
 20    guardian ad litem and attorney for the child prior to the  date  set  for  the
 21    pretrial conference.
 22        (3)  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        (4)  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        (5)  Upon  entering  its  decree  the court shall consider any information
 33    relevant to the disposition of the child but in any event shall:
 34        (a)  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        (b)  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        (6)  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 (4) 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        (a)  Reasonable efforts were made but were not successful  in  eliminating
 51        the need for foster care placement of the child;
 52        (b)  Reasonable  efforts  were not made because of immediate danger to the
 53        child The department made reasonable efforts to prevent  removal  but  was
                                                                        
                                       4
                                                                        
  1        not able to safely provide preventive services;
  2        (c)  Reasonable  efforts  to temporarily place the child with related per-
  3        sons were made but were not successful; or
  4        (d)  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 battery that results in serious bodily
 10        injury to a child; or the parental rights of the parent to  a  sibling  of
 11        the child have been terminated involuntarily and that as a result, a hear-
 12        ing  to  determine  the  permanent future plan for this child will be held
 13        within thirty (30) days of this determination.
 14        (7)  A decree vesting legal custody in the  department  shall  be  binding
 15    upon  the  department  and may continue until the child's eighteenth birthday.
 16    The decree shall state that the department shall prepare a written  case  plan
 17    within thirty (30) days of placement.
 18        (8)  A decree vesting legal custody in an authorized agency other than the
 19    department  shall be for a period of time not to exceed the child's eighteenth
 20    birthday, and on such other terms as the court shall state in its decree to be
 21    in the best interests of the child and which the court finds to be  acceptable
 22    to such authorized agency.
 23        (9)  In order to preserve the unity of the family system and to ensure the
 24    best interests of the child whether issuing an order of protective supervision
 25    or an order of legal custody, the court may consider extending or initiating a
 26    protective  order  as part of the decree. The protective order shall be deter-
 27    mined as in the best interests of the child and upon a showing  of  continuing
 28    danger to the child. The conditions and terms of the protective order shall be
 29    clearly stated in the decree.
 30        (10) If  the court does not find that the child comes within the jurisdic-
 31    tion of this chapter pursuant to subsection (4) of this section it shall  dis-
 32    miss the petition.
                                                                        
 33        SECTION  4.  That  Section 16-1622, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        16-1622.  REVIEW AND PERMANENCY HEARINGS. (1) A motion for  revocation  or
 36    modification  of  an  order  issued  under section 16-1619, Idaho Code, may be
 37    filed by the department or any party; provided that no motion may be filed  by
 38    the  respondents under this section within three (3) months of a prior hearing
 39    on care and placement of the child. All persons required  to  be  summoned  or
 40    notified  of  the  original  petition pursuant to section 16-1611, Idaho Code,
 41    shall be served with notice of a motion for review of a child's case.
 42        (2)  If the motion filed under subsection (1) of this section alleges that
 43    the child's best interests are no longer served  by  carrying  out  the  order
 44    issued  under  section  16-1619, Idaho Code, or the department or other autho-
 45    rized agency has failed to provide adequate care  for  the  child,  the  court
 46    shall hold a hearing on the motion.
 47        (3)  A hearing for review of the child's case and permanency plan shall be
 48    held  no  later  than  six  (6) months after entry of the court's order taking
 49    jurisdiction under the act, and every six (6) months thereafter,  so  long  as
 50    the child is in the custody of the department or authorized agency.
 51        (4)  A  hearing shall be held to review the permanency plan of the depart-
 52    ment prior to twelve (12) months from the date the child is removed  from  the
 53    home  or the date of the court's order taking jurisdiction under this chapter,
                                                                        
                                       5
                                                                        
  1    whichever occurs first. The court shall review, approve, reject or modify  the
  2    permanency  plan  of  the  department and review progress in accomplishing the
  3    permanency plan. This permanency hearing may be combined with the review hear-
  4    ing required under subsection (3) of this section.
  5        (5)  By order of tThe court a hearing officer may be appointed to  conduct
  6    hearings  under this section shall make written case-specific findings whether
  7    the department made reasonable efforts to finalize a permanency plan  for  the
  8    child.
  9        (6)  The department or authorized agency may move the court at any time to
 10    vacate any order placing a child in its custody or under its protective super-
 11    vision.
 12        (7)  The department or any party may move the court requesting relief from
 13    the  duty  imposed  on  the  department  pursuant to the provisions of section
 14    16-1629(9), Idaho Code, that it seek termination of parental rights. The court
 15    may grant the department's motion if it appears based on compelling reasons in
 16    the record that the presumption has been rebutted.
                                                                        
 17        SECTION 5.  That Section 16-1629, Idaho Code, be, and the same  is  hereby
 18    amended to read as follows:
                                                                        
 19        16-1629.  POWERS  AND DUTIES OF THE DEPARTMENT. The department, working in
 20    conjunction with the court and other public and private agencies and  persons,
 21    shall  have  the primary responsibility to implement the purpose of this chap-
 22    ter. To this end, the department is empowered and shall have the  duty  to  do
 23    all  things  reasonably  necessary  to  carry out the purpose of this chapter,
 24    including, but not limited to, the following:
 25        (1)  The department shall administer treatment programs for the protection
 26    and care of neglected, abused and abandoned children,  and  in  so  doing  may
 27    place  in  foster  care, shelter care, or other diagnostic, treatment, or care
 28    centers or facilities, children of whom it has been given custody. The depart-
 29    ment is to be governed by the standards found in chapter 12, title  39,  Idaho
 30    Code.
 31        (2)  On December 1, the department shall make an annual statistical report
 32    to the governor covering the preceding fiscal year showing the number and sta-
 33    tus  of  persons  in its custody and including such other data as will provide
 34    sufficient facts for sound planning in the conservation of children and youth.
 35    All officials and employees of the state and of every county  and  city  shall
 36    furnish  the  department upon request, such information within their knowledge
 37    and control as the department deems necessary. Local agencies shall report  in
 38    such uniform format as may be required by the department.
 39        (3)  The  department  shall be required to maintain a central registry for
 40    the reporting of child neglect, abuse and  abandonment  information.  Provided
 41    however, that the department shall not retain any information for this purpose
 42    relating  to  a child, or parent of a child, abandoned pursuant to chapter 82,
 43    title 39, Idaho Code.
 44        (4)  The department shall make periodic evaluation of all persons  in  its
 45    custody or under its supervision for the purpose of determining whether exist-
 46    ing orders and dispositions in individual cases shall be modified or continued
 47    in  force.  Evaluations  may be made as frequently as the department considers
 48    desirable and shall be made with respect to  every  person  at  intervals  not
 49    exceeding  six (6) months. Reports of evaluation made pursuant to this section
 50    shall be filed with the court which vested custody  of  the  person  with  the
 51    department.  Reports of evaluation shall be provided to persons having full or
 52    partial legal or physical custody of a child. Failure  of  the  department  to
 53    evaluate  a  person  or  to reevaluate him within six (6) months of a previous
                                                                        
                                       6
                                                                        
  1    examination shall not of itself entitle the person to a change in disposition
  2    but shall entitle him, his parent, guardian or custodian  or  his  counsel  to
  3    petition the court pursuant to section 16-1622, Idaho Code.
  4        (5)  In  a consultive capacity, the department shall assist communities in
  5    the development of constructive programs for the  protection,  prevention  and
  6    care of children and youth.
  7        (6)  The  department shall keep written records of investigations, evalua-
  8    tions, prognoses and all orders concerning disposition or treatment  of  every
  9    person  over whom it has legal custody. Department records shall be subject to
 10    disclosure according to chapter 3,  title  9,  Idaho  Code,  unless  otherwise
 11    ordered  by the court, the person consents to the disclosure, or disclosure is
 12    necessary for the delivery of services to the person. Notwithstanding the pro-
 13    visions restricting disclosure or the exemptions from disclosure  provided  in
 14    chapter  3, title 9, Idaho Code, all records pertaining to investigations, the
 15    rehabilitation of youth, the protection  of  children,  evaluation,  treatment
 16    and/or disposition records pertaining to the statutory responsibilities of the
 17    department  shall be disclosed to any duly elected state official carrying out
 18    his official functions.
 19        (7)  The department shall establish appropriate administrative  procedures
 20    for  the  processing  of  complaints  of  child neglect, abuse and abandonment
 21    received and for the implementation of the protection, treatment and  care  of
 22    children  formally or informally placed in the custody of the department under
 23    this chapter including, but not limited to:
 24        (a)  Department employees whose job duties are related to the  child  pro-
 25        tective  services  system  under this chapter shall first be trained as to
 26        their obligations under this chapter regarding the protection of  children
 27        whose  health  and  safety may be endangered. The curriculum shall include
 28        information regarding their legal duties, how to  conduct  their  work  in
 29        conformity  with  the  requirements of this chapter, information regarding
 30        applicable federal and state laws with regard to the rights of the  child,
 31        parent  and  others who may be under investigation under the child protec-
 32        tive services system, and the applicable legal and constitutional  parame-
 33        ters within which they are to conduct their work.
 34        (b)  Department  employees  whose job duties are related to the child pro-
 35        tective services system shall advise the individual of the  complaints  or
 36        allegations  made  against  the individual at the time of the initial con-
 37        tact, consistent with protecting the identity of the referrant.
 38        (8)  The department having been granted legal custody of a child,  subject
 39    to  the judicial review provisions of this subsection, shall have the right to
 40    determine where and with whom the child shall live, provided  that  the  child
 41    shall  not  be  placed outside the state without the court's consent. Provided
 42    however, that the court shall retain jurisdiction over the child, which juris-
 43    diction shall be entered on any order or petition granting  legal  custody  to
 44    the  department, and the court shall have jurisdiction over all matters relat-
 45    ing to the child. The department shall not place the child in  the  home  from
 46    which the court ordered the child removed without first obtaining the approval
 47    of the court.
 48        (9)  The department shall give to the court any information concerning the
 49    child  that  the  court may at any time require, but in any event shall report
 50    the progress of the child under its custody at intervals of not to exceed  six
 51    (6)  months.  The  department shall file with the court at least five (5) days
 52    prior to the permanency hearing either under section 16-1622, Idaho Code,  or,
 53    in  the  case of a finding of aggravated circumstances, section 16-1620, Idaho
 54    Code, the permanency plan and recommendations of the department.  There  shall
 55    be  a  rebuttable  presumption that if a child is placed in the custody of the
                                                                        
                                       7
                                                                        
  1    department and  was also placed in out of the home care for a period not  less
  2    than  fifteen  (15)  out  of the last twenty-two (22) months from the date the
  3    child entered shelter care, the department shall initiate a petition for  ter-
  4    mination  of parental rights. This presumption may be rebutted by a finding of
  5    the court that the filing of a petition for  termination  of  parental  rights
  6    would not be in the best interests of the child or reasonable efforts have not
  7    been  provided  to  reunite  the child with his family, or the child is placed
  8    permanently with a relative.
  9        (10) The department shall establish appropriate administrative  procedures
 10    for  the conduct of administrative reviews and hearings as required by federal
 11    statute for all children committed to the department and placed in out of  the
 12    home care.
 13        (11) At  any  time  the  department is considering a placement pursuant to
 14    this act, the department shall make a reasonable effort to place the child  in
 15    the  least  disruptive  environment to the child and in so doing may consider,
 16    without limitation, placement of the child with related persons.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE

                         RS 16678C1

       This bill would amend certain provisions of the Child
  Protective Act in keeping with recommendations of the
  Supreme Court's Child Protection Committee.  The language
  referring to reasonable efforts to prevent the removal of a
  child from the home, or to prevent placement of the child in
  shelter care, would be modified to bring it into more exact
  compliance with federal requirements.  Other amendments
  would remove inconsistencies between provisions of the Act;
  remove unnecessary language; simplify other provisions; and
  specify that the court shall make written findings as to
  whether the Department of Health and Welfare has made
  reasonable efforts to finalize a permanency plan for a child
  found to be within the jurisdiction of the court under the
  provisions of the Act.


                        FISCAL NOTE

       This bill would have no impact on the general fund. 


   
  Contact Person:
  Patricia Tobias
  Administrative Director of the Courts
  (208) 334-2246
  
  
  
  STATEMENT OF PURPOSE/FISCAL NOTE                        H 171