TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1625.  Appeal — Effect on custody. (1) An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court:

(a)  An adjudicatory decree entered pursuant to section 16-1619, Idaho Code;

(b)  Any order subsequent to the adjudicatory decree that vests legal custody of the child in the department or other authorized agency;

(c)  Any order subsequent to the adjudicatory decree that authorizes or mandates the department to cease reasonable efforts to make it possible to return the child to his home, including an order finding aggravated circumstances; or

(d)  An order of dismissal.

(2)  Where the order affects the custody of a child, the appeal shall be heard at the earliest practicable time. The pendency of an appeal shall not suspend the order of the court regarding a child, and it shall not discharge the child from the legal custody of the authorized agency to whose care he has been committed, unless otherwise ordered by the district court. No bond or undertaking shall be required of any party appealing to the district court under the provisions of this section. Any final order or judgment of the district court shall be appealable to the supreme court of the state of Idaho in the same manner as appeals in other civil actions. The filing of the notice of appeal shall not, unless otherwise ordered, stay the order of the district court.

History:

[(16-1625) 16-1617, added 1976, ch. 204, sec. 2, p. 742; am. 1982, ch. 186, sec. 16, p. 500; am. 2001, ch. 107, sec. 17, p. 367; am. and redesig. 2005, ch. 391, sec. 27, p. 1286; am. 2010, ch. 26, sec. 2, p. 46; am. 2013, ch. 287, sec. 9, p. 753.]