TITLE 16

JUVENILE PROCEEDINGS

CHAPTER 20

TERMINATION OF PARENT AND CHILD RELATIONSHIP

16-2002.  Definitions. When used in this chapter, unless the text otherwise requires:

(1)  "Court" means the district court or magistrate’s division thereof or, if the context requires, a judge or magistrate thereof.

(2)  "Child" or "minor" means any individual who is under the age of eighteen (18) years.

(3)  "Neglected" means:

(a)  Conduct as defined in section 16-1602(31), Idaho Code; or

(b)  The parent(s) has failed to comply with the court’s orders or the case plan in a child protective act case and:

(i)   The department has had temporary or legal custody of the child for fifteen (15) of the most recent twenty-two (22) months; and

(ii)  Reunification has not been accomplished by the last day of the fifteenth month in which the child has been in the temporary or legal custody of the department.

(4)  "Abused" means conduct as defined in section 16-1602(1), Idaho Code.

(5)  "Abandoned" means the parent has willfully failed to maintain a normal parental relationship, including but not limited to reasonable support or regular personal contact. Failure of the parent to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment under this section; provided however, where termination is sought by a grandparent seeking to adopt the child, the willful failure of the parent to maintain a normal parental relationship as provided herein without just cause for six (6) months shall constitute prima facie evidence of abandonment.

(6)  "Legal custody" means status created by court order that vests in a custodian the following rights and responsibilities:

(a)  To have physical custody and control of the child and to determine where and with whom the child shall live;

(b)  To supply the child with food, clothing, shelter and incidental necessities;

(c)  To provide the child with care, education and discipline; and

(d)  To authorize medical, dental, psychiatric, psychological and other remedial care and treatment for the child, including care and treatment in a facility with a program of services for children.

However, such rights and responsibilities shall be exercised subject to the powers, rights, duties and responsibilities of the guardian of the person.

(7)  "Guardianship of the person" means those rights and duties imposed upon a person appointed as guardian of a minor under the laws of Idaho. It includes but is not necessarily limited either in number or kind to:

(a)  The authority to consent to marriage, to enlistment in the armed forces of the United States, and to major medical, psychiatric and surgical treatment; to represent the minor in legal actions; and to make other decisions concerning the child of substantial legal significance;

(b)  The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order;

(c)  The rights and responsibilities of legal custody, except where legal custody has been vested in another individual or in an authorized child placement agency; and

(d)  When the parent and child relationship has been terminated by judicial decree with respect to the parents, or only living parent, or when there is no living parent, the authority to consent to the adoption of the child and to make any other decision concerning the child which the child’s parents could make.

(8)  "Guardian ad litem" means a person appointed by the court pursuant to section 16-1614 or 5-306, Idaho Code.

(9)  "Authorized agency" means the department, a local agency, a person, an organization, corporation, benevolent society or association licensed or approved by the department or the court to receive children for control, care, maintenance or placement.

(10) "Department" means the department of health and welfare and its authorized representatives.

(11) "Parent" means:

(a)  The birth mother or the adoptive mother;

(b)  The adoptive father;

(c)  The biological father of a child conceived or born during the father’s marriage to the birth mother; and

(d)  The unmarried biological father whose consent to an adoption of the child is required pursuant to section 16-1504, Idaho Code.

(12) "Presumptive father" means a man who is or was married to the birth mother and the child is born during the marriage or within three hundred (300) days after the marriage is terminated.

(13) "Parent and child relationship" includes all rights, privileges, duties and obligations existing between parent and child, including inheritance rights, and shall be construed to include adoptive parents.

(14) "Parties" includes the child and the petitioners.

(15) "Unmarried biological father," as used in this chapter and chapter 15, title 16, Idaho Code, means the biological father of a child who was not married to the child’s mother at the time the child was conceived or born.

(16) "Unmarried biological mother," as used in this chapter, means the biological mother of a child who was not married to the child’s biological father at the time the child was conceived or born.

(17) "Disability" means, with respect to an individual, any mental or physical impairment that substantially limits one (1) or more major life activities of the individual, including but not limited to self-care, manual tasks, walking, seeing, hearing, speaking, learning, or working, or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania, or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the effect of corrective or mitigating measures used to reduce the effects of the impairment.

(18) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain, or improve the parenting abilities of a parent with a disability.

(19) "Supportive services" means services that assist a parent with a disability to compensate for those aspects of their disability that affect their ability to care for their child and that will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment and accommodations that allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters.

History:

[16-2002, added 1963, ch. 145, sec. 2, p. 420; am. 1971, ch. 266, sec. 1, p. 1067; am. 1972, ch. 196, sec. 3, p. 483; am. 1988, ch. 138, sec. 1, p. 249; am. 1990, ch. 26, sec. 1, p. 40; am. 1996, ch. 365, sec. 1, p. 1222; am. 2000, ch. 171, sec. 8, p. 434; am. 2002, ch. 233, sec. 9, p. 678; am. 2005, ch. 391, sec. 47, p. 1295; am. 2013, ch. 287, sec. 11, p. 756; am. 2014, ch. 120, sec. 4, p. 341; am. 2016, ch. 265, sec. 8, p. 716; am. 2016, ch. 360, sec. 3, p. 1065; am. 2024, ch. 16, sec. 3, p. 134.]