TITLE 39

HEALTH AND SAFETY

CHAPTER 82

IDAHO SAFE HAVEN ACT

39-8205.  Shelter care hearing — Investigation — Adjudicatory hearing — Termination of parent-child relationship. (1) A shelter care hearing shall be held pursuant to section 16-1615, Idaho Code, and the department shall file a petition for adjudicatory hearing to vest legal custody in the department pursuant to section 16-1621, Idaho Code, at or prior to the time set for shelter care hearing.

(2)  A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.

(3)  During the initial thirty (30) day period from the time the child was delivered to a safe haven or to a safe haven through a newborn safety device by a custodial parent, the department shall request assistance from law enforcement officials to investigate through the missing children information clearinghouse and other state and national resources to ensure that the child is not a missing child.

(4)  An adjudicatory hearing shall be conducted pursuant to the provisions of section 16-1619, Idaho Code, and section 16-1621, Idaho Code.

(5)  As soon as practicable following the initial thirty (30) day period from the time the child was delivered to a safe haven by a custodial parent, the department shall petition to terminate the parental rights of the parent who abandoned the child at the safe haven and any unknown parent pursuant to section 16-1624, Idaho Code, and in accordance with chapter 20, title 16, Idaho Code.

History:

[(39-8205) 39-8105, added 2001, ch. 357, sec. 1, p. 1254; am. and redesig. 2005, ch. 25, sec. 72, p. 108; am. and redesig. 2005, ch. 391, sec. 56, p. 1312; am. 2024, ch. 115, sec. 3, p. 496.]