TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1610.  Petition. (1) A petition invoking the jurisdiction of the court under this chapter shall be filed in the manner provided in this section:

(a)  A petition must be signed by the prosecutor or deputy attorney general before being filed with the court.

(b)  Any person or governmental body of this state having evidence of abuse, abandonment, neglect or homelessness of a child may request the attorney general or prosecuting attorney to file a petition. The prosecuting attorney or the attorney general may file a petition on behalf of any child whose parent, guardian, or custodian has been accused in a criminal complaint of the crime of cruel treatment or neglect as defined in section 18-1501, Idaho Code.

(2)  Petitions shall be entitled "In the Matter of………….., a child under the age of eighteen (18) years" and shall be verified and set forth with specificity:

(a)  The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603, Idaho Code, with the actions of each parent described therein;

(b)  The name, birth date, sex, and residence address of the child;

(c)  The name, birth date, sex, and residence address of all other children living at or having custodial visitation at the home where the injury to the subject child occurred;

(d)  The names and residence addresses of both the mother and father, guardian or other custodian. If neither of his parents, guardian or other custodian resides or can be found within the state, or if their residence addresses are unknown, the name of any known adult relative residing within the state;

(e)  The names and residence addresses of each person having sole or joint legal custody of the children described in this section;

(f)  Whether or not there exists a legal document including, but not limited to, a divorce decree, stipulation or parenting agreement controlling the custodial status of the children described in this section;

(g)  Whether the child is in shelter care, and, if so, the type and nature of the shelter care, the circumstances necessitating such care and the date and time he was placed in such care;

(h)  When any of the facts required by this section cannot be determined, the petition shall so state. The petition may be based on information and belief but in such case the petition shall state the basis of such information and belief;

(i)  If the child has been or will be removed from the home, the petition shall state that:

(i)   Remaining in the home was contrary to the welfare of the child;

(ii)  Vesting legal custody of the child in the department or other authorized agency is in the best interests of the child; and

(iii) Reasonable efforts have been made prior to the placement of the child in care to prevent the removal of the child from his home or, if such efforts were not provided, that reasonable efforts to prevent placement were not required because aggravated circumstances were found;

(j)  The petition shall state with specificity whether a parent with joint legal custody or a noncustodial parent has been notified of placement;

(k)  The petition shall state whether a court has adjudicated the custodial rights of the parents and shall set forth the custodial status of the child;

(l)  The court may combine petitions and hearings where multiple petitions have been filed involving related children, parents or guardians.

History:

[(16-1610) 16-1605, added 1976, ch. 204, sec. 2, p. 735; am. 1977, ch. 304, sec. 1, p. 852; am. 1982, ch. 186, sec. 5, p. 494; am. 1986, ch. 121, sec. 1, p. 319; am. 1996, ch. 272, sec. 4, p. 888; am. 1998, ch. 257, sec. 2, p. 851; am. 2001, ch. 107, sec. 5, p. 356; am. and redesig. 2005, ch. 391, sec. 12, p. 1275; am. 2013, ch. 287, sec. 2, p. 745.]