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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 courtmay soshall include on the summons an orderby endorsement40upon the summonsto remove the child. Theendorsementorder 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 andthat reasonable efforts35to prevent the placement of the child in shelter care could not be pro-36vided because of the immediate danger to the child or were provided but37were not successful in eliminating the need for foster care placement of38the child; andeither: 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 tothe date set forthe 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 the53childThe 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. 17The decree shall state that the department shall prepare a written case plan18within 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 5 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 courta hearing officer may be appointed to conduct7hearings under this sectionshall 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved 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 "childThe department made reasonable efforts to prevent removal but was not 11 able to safely provide preventive services;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 courtmay soshall include on the summons an orderby endorsement40upon the summonsto remove the child. Theendorsementorder 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 andthat reasonable efforts35to prevent the placement of the child in shelter care could not be pro-36vided because of the immediate danger to the child or were provided but37were not successful in eliminating the need for foster care placement of38the child; andeither: 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 tothe date set forthe 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 the53childThe 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. 16The decree shall state that the department shall prepare a written case plan17within 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 courta hearing officer may be appointed to conduct6hearings under this sectionshall 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 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