TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 16

CHILD PROTECTIVE ACT

16-1650.  newborn Safety Review. (1) Any report made to the department by a mandatory reporter pursuant to section 16-1605, Idaho Code, alleging a parent, guardian, or legal custodian is a caregiver to a child that is less than one (1) year of age and has a risk factor described in subsection (2) of this section, the department shall verify the reported risk factor within twelve (12) hours of receiving the report. If the reported risk factor is verified, the department shall initiate a priority I response, as defined by the department, and shall complete a full written safety assessment.

(2)  Risk factors that require action by the department pursuant to subsection (1) of this section are as follows:

(a)  A parent, guardian, or legal custodian’s identifying information appears in the department’s child protection central registry going back no more than ten (10) years;

(b)  A parent, guardian, or legal custodian has been convicted of injury to a child pursuant to section 18-1501, Idaho Code;

(c)  A parent, guardian, or legal custodian’s parental rights were terminated in a proceeding pursuant to this chapter; or

(d)  A parent, guardian, or legal custodian’s child was born with neonatal abstinence syndrome.

(3)  For the purposes of this section, "verify" means use of the department’s internal records to substantiate termination of parental rights and, when possible, the use of official, public-facing repositories of Idaho criminal or medical records in order to confirm the existence of a reported risk factor.

(4)  The department’s safety assessment shall include:

(a)  The current compliance of each parent, guardian, or legal custodian with court-ordered conditions, treatment, or supervision related to a prior offense, insofar as can be determined;

(b)  The child’s living environment with the parent, guardian, legal custodian, or caregiver and other household members; and

(c)  A summary of the department’s prior investigation of allegations of child abuse, abandonment, or neglect pertaining to members of the household and any services provided to members of the household by the division for youth safety and permanency at the department.

(5)  When a law enforcement agency makes a report to the department pursuant to section 16-1605, Idaho Code, such report shall include any known or reported risk factors described in subsection (2) of this section.

(6)  Nothing in this section shall be construed to create a presumption of abuse or neglect based solely on a medical condition, diagnosis, or indicator.

(7)  If the department concludes that verification of a risk factor described in subsection (2) of this section cannot be accomplished within twelve (12) hours or if the department concludes that public safety would be better served by immediately escalating the response, the department may initiate a priority I response instead of making continued efforts to verify the risk factors and shall prepare a safety assessment as set forth in subsection (4) of this section, notwithstanding the lack of a verified risk factor.

History:

[16-1650, added 2026, ch. 276, sec. 2, p. 1164.]