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title-16•Title 16 — Juvenile Proceedings
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
The legislature finds that there is an urgent and substantial need:
(1) To enhance the development of all infants and toddlers with disabilities in the state of Idaho in order to minimize developmental delay, and to maximize individual potential for adult independence;
(2) To enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities;
(3) To reduce the educational costs by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(4) To reduce social services costs and to minimize the likelihood of institutionalization of individuals with disabilities;
(5) To reduce the health costs of preventable secondary impairments and disabilities by screening and monitoring children at risk and improving the long term health of infants and toddlers with disabilities; and
(6) To comply with federal law as it pertains to services for infants and toddlers with disabilities and their families.
[16-101, added 1991, ch. 253, sec. 1, p. 621.]
The legislature intends that the policy of the state of Idaho shall be:
(1) To reaffirm the importance of the family in all areas of the child’s development and to reinforce the role of the family in the decision making processes regarding their child;
(2) To provide assistance and support to the family of an infant or toddler with a disability that addresses the individual needs of the family;
(3) To develop and implement with available resources a statewide screening and tracking system for infants and toddlers at risk;
(4) To develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for all infants and toddlers with disabilities and their families;
(5) To enhance the capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities;
(6) To facilitate the coordination of payment for early intervention services from federal, state, local, and private sources including public and private insurance coverage; and
(7) To guarantee financial assistance for the purposes of coordinating early intervention services in communities and to enhance their capacity to provide individualized services to infants and toddlers with disabilities and their families.
[16-102, added 1991, ch. 253, sec. 1, p. 621.]
In this chapter:
(1) "Allocation" means state and federal funds designated for coordination of program functions in the seven (7) regions.
(2) "Applications" means the documents submitted by the regional infant toddler committees to the infant toddler council, detailing the budget request for the regional committee activities and comprehensive component plans for the planning and coordination of programs authorized in this chapter.
(3) "Awards and contracts" means the state and federal funds designated by the lead agency for projects relating to planning, resource development, or provision of direct service.
(4) "Council" means the state interagency coordinating council established in section 16-105, Idaho Code.
(5) "Early intervention services" means those services that are provided under public supervision by qualified personnel, in conformity with the individual family service plan (IFSP), and are designed to meet the developmental needs of eligible children as defined in this chapter. These services are selected and provided in collaboration with the families; and, to the extent appropriate, are provided in types of settings in which infants and toddlers without disabilities would participate. These services, necessary to enable the child to benefit from the other early intervention services, include:
(a) Audiology;
(b) Case management services, including transitions;
(c) Family training, counseling or home-based services;
(d) Health services, including dental;
(e) Medical services, for diagnostic or evaluation purposes only;
(f) Nursing services;
(g) Nutrition services;
(h) Occupational therapy;
(i) Physical therapy;
(j) Psychological services;
(k) Respite care;
(l) Social work services;
(m) Special instruction/developmental therapy;
(n) Speech and language pathology services; and
(o) Transportation, including the cost of travel (e.g., mileage, or travel by taxi, common carrier, or other means) and related costs (parking expense) that are necessary to enable an eligible child and the child’s family to receive early intervention services.
(6) "Early intervention system" means the management structure established in this chapter, comprised of the interdependent continuum of services and activities for the provision of a statewide, comprehensive, coordinated, multidisciplinary, interagency program for young children who have a disability or are at risk.
(7) "Health and safety standards" means those standards that address the facilities where early intervention services are offered, excluding the child’s home. Such standards may include but are not limited to the dimensions or size of a facility, communicable disease, social environment, nutrition, immunization, and fire codes.
(8) "Include" means that all items named are not all of the possible items that are covered, whether like or unlike the ones named.
(9) "Individualized family service plan (IFSP)" means a written plan designed to address the strengths and needs of an infant or toddler with disabilities and the family that meets the requirements of section 16-109, Idaho Code.
(10) "Infants and toddlers at risk" means children who are in need of screening and tracking services to monitor their development because they have:
(a) Medical or biological risk factors, which refer to prenatal, perinatal, and neonatal events that increase the probability of delayed development or result in disability (e.g., low birth weight, prematurity, abnormal neurological findings); or
(b) Environmental risk factors, which refer to high-risk environmental influences that may affect development or result in disability (e.g., adolescent parent, poverty, psychiatric stress or known history of child abuse or neglect).
(11) "Infants and toddlers with disabilities" means children from birth to thirty-six (36) months of age who need early intervention services because:
(a) They are experiencing developmental delays, as measured by diagnostic instruments and procedures (referenced in administrative rules) in one (1) or more of the following areas:
(i) Physical development;
(ii) Cognitive development;
(iii) Communication, language, speech and hearing development;
(iv) Psychosocial development;
(v) Self-help skills;
(vi) Sensory skills; or
(b) They are at risk of experiencing developmental delay due to established risk factors, which refer to diagnosed disorders where the condition is known to ultimately affect development or result in disability (e.g., the congenital anomalies associated with Down syndrome or hydrocephaly).
(12) "Lead agency" means the department of health and welfare.
(13) "Multidisciplinary team" means a group comprised of the parent(s) or legal guardian and the professionals described in this chapter, as appropriate, who are assembled for the purposes of assessing the developmental needs of an infant or toddler, developing the IFSP, and providing the infant or toddler and the family with the early intervention services as detailed in the IFSP design to meet the individual family needs.
(14) "Program standards" means those standards that address the coordination and provision of early intervention services. Such standards may include but are not limited to service year, length of program, personnel qualifications, staff/child ratio, caseload, maximum class size, and length of day.
(15) "Qualified" means that a person has met the highest standards of state approved or recognized certification, licensing, registration or other comparable requirements that apply to the area in which the person is providing early intervention services.
(16) "Region" means one (1) of the seven (7) administrative regions of the lead agency.
(17) "Regional committee" means an interagency coordinating committee established within each of the seven (7) administrative regions of the lead agency to facilitate interagency coordination at the regional level and provide applications for regional committee activities, planning and direction for regional program activities.
(18) "Screening and tracking services" means the identification of infants and toddlers delayed or at risk of delay using standardized procedures, and the entry of demographic information into an automated system for periodically monitoring the child’s services or need for services.
(19) "Service providers" means those individuals or programs that deliver services to eligible infants and toddlers and their families in compliance with the applicable standards of state and local licensing and operational rules and regulations.
[16-103, added 1991, ch. 253, sec. 1, p. 622; am. 2024, ch. 16, sec. 2, p. 132.]
The early intervention system shall consist of the lead agency, council, the regional committees, program personnel, a statewide parent education and resource system, eligible children, families, advocates, and public and private providers of early intervention services. The lead agency shall identify statewide and regional early intervention staff to be responsible for planning, developing, coordinating, monitoring and evaluating the requirements of this chapter.
[16-104, added 1991, ch. 253, sec. 1, p. 624.]
(1) The governor shall appoint the members and the chair of the interagency coordinating council. For budgetary purposes, the council shall be assigned to the lead agency. The term of appointment for a member of the council shall be three (3) years, and members may be reappointed. In making appointments to the council, the governor shall ensure that the membership geographically represents the population of the state.
(2) The council membership shall consist of:
(a) At least three (3) parents of young children with disabilities;
(b) At least three (3) public or private providers of early intervention services;
(c) At least one (1) member of the state legislature;
(d) At least one (1) person involved in personnel preparation;
(e) The superintendent of public instruction, or designee;
(f) A representative of the executive council of the lead agency;
(g) A physician skilled in early intervention;
(h) A representative of the council on developmental disabilities.
[16-105, added 1991, ch. 253, sec. 1, p. 624.]
(1) The council shall have the following authority, duties and responsibilities, and such other functions as may be assigned by executive order:
(a) To assist the lead agency and all other appropriate agencies in ensuring the joint development and maintenance of a statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing early intervention services to all infants and toddlers with disabilities and their families. Such system shall include the following minimum components:
(i) a definition of child and family eligibility under this program;
(ii) a central directory, accessible to the general public;
(iii) a public awareness program;
(iv) a child find program consistent with the individuals with disabilities education act which identifies infants and toddlers with disabilities and other risk factors;
(v) a comprehensive, multidisciplinary evaluation for each referred child;
(vi) a program of personnel development;
(vii) standards and certification necessary to assure qualified personnel;
(viii) family education and participation throughout the early intervention system;
(ix) a statewide data collection system for monitoring and evaluating the early intervention system. The system shall meet federal requirements;
(x) an individualized family services plan for each eligible child and family who chooses to participate in the program;
(xi) procedural safeguards that meet the requirements in section 16-110, Idaho Code.
(b) To assist the lead agency and all other appropriate agencies to ensure:
(i) adoption of uniform or compatible administrative rules dealing with early intervention services;
(ii) reasonable transition between and among the participating agencies;
(iii) available funds under the provisions of this chapter are shared by the participating agencies in a manner that enables the optimum provision of necessary services for the child and the family;
(iv) uniformity of program and health and safety standards; and
(v) program policies dealing with infants and toddlers with disabilities and their families reflect the policy priorities of the council.
(c) To participate with the lead agency in the implementation of time lines for a statewide, comprehensive, coordinated, interagency system of early intervention services;
(d) To prepare and submit periodic reports no less than annually to the governor, legislature and the lead agency on the status of early intervention programs for infants and toddlers with disabilities and their families with recommendations for timely corrective action as needed;
(e) To develop a public awareness program focusing on early identification of infants and toddlers with disabilities;
(f) To participate with the lead agency and other appropriate agencies in the development, maintenance, evaluation, and revision of program, health and safety standards;
(g) To conduct public hearings and community needs assessments for the purpose of developing the state plan and applications for funding.
(2) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest.
[16-106, added 1991, ch. 253, sec. 1, p. 624.]
The department of health and welfare, as the lead agency for administration of the provisions of this chapter, shall have primary responsibility for:
(a) The administration of all funds appropriated to implement the provisions of this chapter;
(b) The identification and coordination of all available financial resources within the state from federal, state, local and private sources;
(c) The entry into formal intra-agency and interagency agreements with other agencies involved in early intervention services. The agreement(s) must include programmatic and financial responsibility, procedures for resolving disputes and additional components necessary to ensure effective cooperation and coordination among all agencies involved in the state’s early intervention system. Agreements are to include statements addressing nonsubstitution or commingling of funds, interim payments and reimbursements, nonreduction of benefits and confidentiality. Agreements are to be signed by the administrators of:
(i) title V, social security act (relating to maternal and child health);
(ii) title XIX, social security act (relating to medicaid and EPSDT);
(iii) the head start act;
(iv) parts B and H of the individuals with disabilities education act;
(v) subpart 2, part B, chapter I of title I of elementary and secondary education act, 1964, as amended;
(vi) the developmentally disabled assistance and bill of rights act (PL100-146);
(vii) other federal programs.
(d) The entry into contracts with service provider agencies within a local community which have been identified by the regional committee;
(e) The development of procedures to monitor services that are provided to infants and toddlers with disabilities and their families;
(f) The development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending resolution of any disputes among public agencies or service providers;
(g) The writing of all policy and procedures and administrative rules in conjunction with the council which are necessary for implementation of the provisions of this chapter;
(h) Providing staff and services as may be necessary to carry out the functions of the interagency coordinating council.
[16-107, added 1991, ch. 253, sec. 1, p. 626.]
(1) The regional director of each of the seven (7) administrative regions of the lead agency shall appoint a local interagency coordinating committee to assist the regional lead agency and all other appropriate agencies in the planning and coordinating of services for infants and toddlers with disabilities and their families who reside within the region served by the regional committee. With recommendations from the regional committee, the regional director shall appoint staff to support regional committee activities and early intervention services. Staff persons will report to the regional director.
(2) Membership on the committee shall consist of parents, agency personnel with the authority to effectively represent their agencies and other public officials and private providers.
(3) The regional interagency coordinating committee shall have the following responsibility:
(a) To advise and assist the council on regional issues or concerns; and
(b) To assist the lead agency and other appropriate agencies in the implementation of the early intervention system locally as stipulated in rules and regulations.
[16-108, added 1991, ch. 253, sec. 1, p. 627.]
(1) Infants and toddlers receiving early intervention services and their families shall receive the following:
(a) A comprehensive multidisciplinary evaluation of the strengths and needs of the infant or toddler and the family, and the identification of services to meet such needs;
(b) An explanation of the multidisciplinary evaluation and all service options in the family’s native language or through an interpreter, if necessary; and
(c) A written individualized family service plan developed by a multidisciplinary team with the parents as fully participating members of the team.
(2) The individualized family service plan shall be developed within a reasonable time following the completed evaluation required in subsection (1) of this section. With the parent’s consent, development of an interim individualized family service plan and compliance with evaluation timelines, early intervention services may commence prior to the completion of such assessment.
(3) The individualized family service plan shall be in writing and a copy of the plan shall be made available to the family, and in the family’s native language when appropriate and necessary to ensure understanding, and shall contain the following:
(a) A statement of the infant’s or toddler’s present levels of physical development, cognitive development, communication, language and speech development, psychosocial development, sensory impairment and self-help skills based on objective criteria;
(b) A statement of the family’s strengths and needs related to enhancing the development of the infant or toddler with disabilities, developed with concurrence of the family;
(c) A statement of the goals and objectives expected to be achieved for the infant or toddler and the family, including the criteria, procedures, and time lines used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes or services are necessary;
(d) A statement of specific early intervention services necessary to meet the individual needs of the infant or toddler with disabilities and the family; such statement should include the frequency, intensity and the method of delivering these services;
(e) A statement of the health status, and medical needs of the infant or toddler and family to support the development of the child, and the names of the health care providers;
(f) The projected dates for initiation of services and the anticipated duration of such services;
(g) The name of the case manager who will be responsible for the implementation of the plan and coordination with other agencies and persons; and
(h) The steps to be taken in supporting the transition of the infant or toddler to other services.
(4) The individualized family service plan shall serve as the singular comprehensive service plan for all agencies involved in providing early intervention services to the infant or toddler and the family.
(5) The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at six (6) months intervals or more frequently where appropriate based on the needs of the infant or toddler and the family.
[16-109, added 1991, ch. 253, sec. 1, p. 627.]
The procedural safeguards to be included in the statewide system shall provide, at a minimum, the following:
(1) The timely administrative resolution of complaints by parents;
(2) The right to confidentiality of personally identifiable information;
(3) The opportunity for parents or guardian to examine and receive a copy of records relating to assessment, screening eligibility determinations, and the development and implementation of the IFSP;
(4) Procedures to protect the rights of the infant or toddler with disabilities whenever the parents or guardian of the child are not known or are unavailable or the child is a ward of the state, including the assignment of an individual (who shall not be an employee of any state agency involved in the provision of early intervention or other services to the child) to act as surrogate for the parents or guardian;
(5) Written notice to the parents or guardian of the infant or toddler whenever the state agency or service provider proposes, or refuses, to initiate or change the identification, evaluation, placement, or the provision of early intervention services to the infant or toddler;
(6) Written consent of the parents or guardian of the infant or toddler whenever the state agency or service provider proposes to initiate or change the identification, evaluation, placement or the provision of early intervention services to the infant or toddler;
(7) Procedures designed to assure that the notice required in subsection (5) of this section fully informs the parents or guardian, in the parents’ or guardian’s native language or by an interpreter of all procedures available pursuant to this section; and
(8) Procedures for impartial complaint resolution.
[16-110, added 1991, ch. 253, sec. 1, p. 628.]
The use of federal P.L. 99-457, part H funds as well as state funds shall be allocated by the director through collaborative regional programs to implement the statewide system required under such law, in the following priority:
(1) For early intervention services to infants and toddlers with disabilities that are not otherwise provided from other public or private funds;
(2) To expand and improve on the services for infant and toddlers with disabilities that are otherwise available; and
(3) For screening and tracking of infants and toddlers at risk of developmental delay.
[16-111, added 1991, ch. 253, sec. 1, p. 629.]
The use of early intervention funds provided under this chapter to supplant funds from other sources is not permitted. All local and state programs for infants and toddlers with disabilities shall maintain the funding which supported infant and toddler programs at levels as of July 1, 1990.
[16-112, added 1991, ch. 253, sec. 1, p. 629.]
Nothing in this chapter shall be construed to permit:
(1) The reduction of local, state, or federal medical or other assistance available;
(2) The alteration of eligibility under title V of the social security act (relating to maternal and child health);
(3) The alteration of eligibility under title XIX of the social security act (relating to medicaid for infant and toddlers with disabilities);
(4) The reduction of early intervention services provided by the state department of education, the department of health and welfare, or the school for the deaf and the blind.
[16-113, added 1991, ch. 253, sec. 1, p. 629.]
Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter.
(1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person:
(a) For a period in excess of one (1) year while the person was a minor; or
(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.
(2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent. As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
(b) "Disability" means, with respect to an individual, any mental or physical impairment which 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.
(c) "Supportive services" means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which 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 which allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters.
(3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.
[(16-1501) 1879, p. 8, sec. 1; R.S., sec. 2545; reen. R.C. & C.L., sec. 2700; C.S., sec. 4682; I.C.A., sec. 31-1101; am. 1951, ch. 283, sec. 1, p. 611; am. 1953, ch. 150, sec. 1, p. 245; am. 1972, ch. 147, sec. 1, p. 318; am. 1991, ch. 39, sec. 1, p. 78; am. 1996, ch. 195, sec. 1, p. 610; am. 2002, ch. 233, sec. 4, p. 671; am. 2013, ch. 138, sec. 3, p. 324; am. 2014, ch. 97, sec. 1, p. 265.]
(1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are necessary and appropriate.
(2) The legislature finds that:
(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children;
(b) An unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement;
(c) Adoptive children have a right to permanence and stability in adoptive placements;
(d) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and
(e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child’s birth. The state has a compelling interest in requiring unmarried biological fathers to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of this chapter.
(3) (a) The legislature prescribes the conditions for determining whether an unmarried biological father’s action is sufficiently prompt and substantial to require constitutional protection pursuant to sections 16-1504 and 16-1513, Idaho Code.
(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with his child that are available to him, his biological parental interest may be lost entirely, or greatly diminished in constitutional significance by his failure to timely exercise it, or by his failure to strictly comply with the available legal steps to substantiate it.
(c) A certain degree of finality is necessary in order to facilitate the state’s compelling interest. The legislature finds that the interest of the state, the mother, the child, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter.
(d) An unmarried biological father has the primary responsibility to protect his rights.
(e) An unmarried biological father is presumed to know that the child may be adopted without his consent unless he strictly complies with the provisions of this chapter, manifests a prompt and full commitment to his parental responsibilities, and establishes paternity.
(4) The legislature finds that an unmarried mother has a right of privacy with regard to her pregnancy and adoption plan, and therefore has no legal obligation to disclose the identity of an unmarried biological father prior to or during an adoption proceeding, and has no obligation to volunteer information to the court with respect to the father.
[16-1501A, added 2000, ch. 171, sec. 1, p. 422.]
If the prospective adoptive parent has a disability as defined in this chapter, the prospective adoptive parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this chapter shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
[16-1501B, added 2002, ch. 233, sec. 5, p. 672.]
The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent is a spouse of a natural parent, and except that such age restrictions or requirements shall not apply when the person adopting an adult shows to the satisfaction of the court that a substantial relationship as a parent has been maintained for a period in excess of one (1) year.
[(16-1502) 1879, p. 8, sec. 2; R.S., sec. 2540; reen. R.C. & C.L., sec. 2701; I.C.A., sec. 31-1102; am. 1961, ch. 14, sec. 1, p. 15; am. 1969, ch. 247, sec. 1, p. 773; am. 1972, ch. 147, sec. 2, p. 318; am. 1991, ch. 39, sec. 2, p. 78.]
A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife; nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenting, is capable of giving such consent.
[(16-1503) 1879, p. 8, sec. 3; R.S., sec. 2547; reen. R.C. & C.L., sec. 2702; C.S., sec. 4684; I.C.A., sec. 31-1103.]
(1) Consent to adoption of a child is required from:
(a) The adoptee, if he is more than twelve (12) years of age, unless he does not have the mental capacity to consent;
(b) Both parents or the surviving parent of an adoptee who was conceived or born within a marriage;
(c) The mother of an adoptee born outside of marriage;
(d) Any biological parent who has been adjudicated to be the child’s biological father by a court of competent jurisdiction prior to the mother’s execution of consent;
(e) An unmarried biological father of an adoptee only if the requirements and conditions of subsection (3)(a) or (b) of this section have been proven;
(f) Any legally appointed custodian or guardian of the adoptee;
(g) The adoptee’s spouse, if any;
(h) An unmarried biological father who has filed a voluntary acknowledgment of paternity with the vital statistics unit of the department of health and welfare pursuant to section 7-1106, Idaho Code; and
(i) The father of an illegitimate child who has adopted the child by acknowledgment.
(2) Consent to adoption of an adult is required from:
(a) The adoptee, or the guardian or conservator of an incapacitated adoptee, if a guardian or conservator has been appointed; and
(b) The adoptee’s spouse, if any.
(3) In accordance with subsection (1) of this section, the consent of an unmarried biological father is necessary only if the father has strictly complied with all requirements of this section.
(a)(i) With regard to a child who is placed with adoptive parents more than six (6) months after birth, an unmarried biological father shall have developed a substantial relationship with the child, taken some measure of responsibility for the child and the child’s future, and demonstrated a full commitment to the responsibilities of parenthood by financial support of the child, of a fair and reasonable sum and in accordance with the father’s ability, when not prevented from doing so by the person or authorized agency having lawful custody of the child, and either:
Visiting the child at least monthly when physically and financially able to do so, and when not prevented from doing so by the person or authorized agency having lawful custody of the child; or
Having regular communication with the child or with the person or agency having the care or custody of the child, when physically and financially unable to visit the child, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(ii) The subjective intent of an unmarried biological father, whether expressed or otherwise, unsupported by evidence of acts specified in this subsection shall not preclude a determination that the father failed to meet any one (1) or more of the requirements of this subsection.
(iii) An unmarried biological father who openly lived with the child for a period of six (6) months within the one (1) year period after the birth of the child and immediately preceding placement of the child with adoptive parents, and who openly held himself out to be the father of the child during that period, shall be deemed to have developed a substantial relationship with the child and to have otherwise met all of the requirements of this subsection.
(b) With regard to a child who is under six (6) months of age at the time he is placed with adoptive parents, an unmarried biological father shall have manifested a full commitment to his parental responsibilities by performing all of the acts described in this subsection and prior to the date of the filing of any proceeding to terminate the parental rights of the birth mother; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth mother’s parental rights under the provisions of section 16-2005(5), Idaho Code, whichever occurs first. The father shall have strictly complied with all of the requirements of this subsection by:
(i) Filing proceedings to establish paternity under section 7-1111, Idaho Code, and filing with that court a sworn affidavit stating that he is fully able and willing to have full custody of the child, setting forth his plans for the care of the child, and agreeing to a court order of child support and the payment of expenses incurred in connection with the mother’s pregnancy and the child’s birth;
(ii) Filing a notice of the proceedings to establish his paternity of the child with the vital statistics unit of the department of health and welfare pursuant to section 16-1513, Idaho Code; and
(iii) If he had actual knowledge of the pregnancy, paying a fair and reasonable amount of the expenses incurred in connection with the mother’s pregnancy and the child’s birth, in accordance with his means, and when not prevented from doing so by the person or authorized agency having lawful custody of the child.
(4) An unmarried biological father whose consent is required under subsection (1) or (3) of this section may nevertheless lose his right to consent if the court determines, in accordance with the requirements and procedures of the termination of parent and child relationship act, sections 16-2001 through 16-2015, Idaho Code, that his rights should be terminated, based on the petition of any party as set forth in section 16-2004, Idaho Code.
(5) In any adoption proceeding pertaining to a child born out of wedlock, if there is no showing that an unmarried biological father has consented to or waived his rights regarding a proposed adoption, the petitioner shall file with the court a certificate from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, stating that a diligent search has been made of the registry of notices from putative fathers, of a child born out of wedlock, and that the putative father involved has not filed notice of the proceedings to establish his paternity or, if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to the entrance of the final decree of adoption.
(6) An unmarried biological father who does not fully and strictly comply with each of the conditions provided in this section is deemed to have waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, or for termination of parental rights and his consent to the adoption of the child is not required unless he proves, by clear and convincing evidence, all of the following:
(a) It was not possible for him, prior to the filing of a proceeding to terminate parental rights of the birth mother; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth mother’s parental rights under the provisions of section 16-2005(5), Idaho Code, whichever occurs first, to:
(i) Commence proceedings to establish paternity of his child in accordance with section 7-1111, Idaho Code; and
(ii) File notice of the filing of proceedings to establish his paternity of the child with the vital statistics unit of the department of health and welfare in accordance with section 16-1513, Idaho Code;
(b) His failure to timely file notice of the filing of proceedings to establish his paternity of the child with the vital statistics unit of the department of health and welfare in accordance with section 16-1513, Idaho Code, and his failure to commence timely proceedings to establish paternity of his child in accordance with section 7-1111, Idaho Code, were through no fault of his own; and
(c) He filed notice of the filing of proceedings to establish paternity of his child in accordance with section 7-1111, Idaho Code, with the vital statistics unit of the department of health and welfare in accordance with section 16-1513, Idaho Code, and filed proceedings to establish his paternity of the child within ten (10) days after the birth of the child. Lack of knowledge of the pregnancy is not an acceptable reason for his failure to timely file notice of the commencement of proceedings or for his failure to commence timely proceedings.
(7) A minor parent has the power to consent to the adoption of his or her child. That consent is valid and has the same force and effect as a consent executed by an adult parent. A minor parent, having executed a consent, cannot revoke that consent upon reaching the age of majority or otherwise becoming emancipated.
(8) No consent shall be required of, nor notice given to, any person whose parental relationship to such child shall have been terminated in accordance with the provisions of either chapter 16 or 20, title 16, Idaho Code, or by a court of competent jurisdiction of a sister state under like proceedings, or in any other manner authorized by the laws of a sister state. Where a voluntary child placement agency licensed by the state in which it does business is authorized to place a child for adoption and to consent to such child’s adoption under the laws of such state, the consent of such agency to the adoption of such child in a proceeding within the state of Idaho shall be valid and no further consents or notices shall be required.
(9) The legislature finds that an unmarried biological father who resides in another state may not, in every circumstance, be reasonably presumed to know of and strictly comply with the requirements of this chapter. Therefore, when all of the following requirements have been met, that unmarried biological father may contest an adoption prior to finalization of the decree of adoption and assert his interest in the child:
(a) The unmarried biological father resides and has resided in another state where the unmarried mother was also located or resided;
(b) The mother left that state without notifying or informing the unmarried biological father that she could be located in the state of Idaho;
(c) The unmarried biological father has, through every reasonable means, attempted to locate the mother but does not know or have reason to know that the mother is residing in the state of Idaho; and
(d) The unmarried biological father has complied with the most stringent and complete requirements of the state where the mother previously resided or was located in order to protect and preserve his parental interest and rights in the child in cases of adoption.
(10) An unmarried biological father may, under the provisions of section 7-1107, Idaho Code, file a proceeding to establish his paternity prior to the birth of the child; however, such paternity proceeding must be filed prior to the date of the filing of any proceeding to terminate parental rights of the birth mother; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth mother’s parental rights under the provisions of section 16-2005(5), Idaho Code, whichever occurs first.
[(16-1504) 1879, p. 8, sec. 4; Act Feb. 5, 1887; R.S., sec. 2548; reen. R.C. & C.L., sec. 2703; C.S., sec. 4685; I.C.A., sec. 31-1104; am. 1957, ch. 189, sec. 1, p. 376; am. 1961, ch. 225, sec. 1, p. 361; am. 1969, ch. 188, sec. 1, p. 554; am. 1970, ch. 101, sec. 1, p. 253; am. 1990, ch. 27, sec. 1, p. 42; am. 1994, ch. 393, sec. 1, p. 1243; am. 1996, ch. 195, sec. 2, p. 610; am. 2000, ch. 171, sec. 2, p. 423; am. 2002, ch. 233, sec. 6, p. 672; am. 2013, ch. 138, sec. 4, p. 324; am. 2014, ch. 140, sec. 1, p. 379; am. 2020, ch. 330, sec. 1, p. 952; am. 2023, ch. 10, sec. 3, p. 36.]
(1) Notice of an adoption proceeding shall be served on each of the following persons:
(a) Any person or agency whose consent or relinquishment is required under section 16-1504, Idaho Code, unless that right has been terminated by waiver, relinquishment, consent or judicial action, or the person’s parental rights have been previously terminated;
(b) Any person who has registered notice of the commencement of paternity proceedings pursuant to section 16-1513, Idaho Code;
(c) The petitioner’s spouse, if any, only if he or she has not joined in the petition;
(d) Any person who is recorded on the birth certificate as the child’s father, with the knowledge and consent of the mother, unless such right to notice or parental rights have been previously terminated;
(e) Any person who is openly living in the same household with the child at the time the mother’s consent is executed or relinquishment made, and who is holding himself out to be the child’s father, unless such rights to notice or parental rights have been previously terminated; and
(f) Any person who is married to the child’s mother at the time she executes her consent to the adoption or relinquishes the child for adoption.
(2) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur, and that he has a duty to protect his own rights and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with regard to that child only as provided in this section.
(3) Notice provided in accordance with this section need not disclose the name of the mother of the child who is the subject of an adoption proceeding.
(4) The notice required by this section may be served immediately after commencement of proceedings to adopt a child but shall be served at least twenty-one (21) days prior to the final dispositional hearing. The notice shall specifically state that the person served must respond to the petition for adoption within twenty-one (21) days of service if he intends to intervene in or contest the adoption.
(5) (a) Any person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a written objection to the adoption in the adoption proceeding within twenty-one (21) days after service. The written objection shall set forth specific relief sought and be accompanied by a memorandum specifying the factual and legal grounds upon which the written objection is based.
(b) Any person who fails to file a written objection to the adoption within twenty-one (21) days after service of notice waives any right to further notice in connection with the adoption, forfeits all rights in relation to the adoptee, and is barred from thereafter bringing or maintaining any action to assert any interest in the adoptee.
(6) Service of notice under this section shall be made as follows:
(a) With regard to a person whose consent is necessary under section 16-1504, Idaho Code, notice shall be given by personal service. Where reasonable efforts to effect personal service have been unsuccessful, the court shall order service by registered or certified mail to the last known address of the person to be notified and by publication once a week for three (3) successive weeks in a newspaper or newspapers to be designated by the court as most likely to give notice to the person to be served. The hearing shall take place no sooner than twenty-one (21) days after service of notice or, where service is by registered or certified mail and publication, the hearing shall take place no sooner than twenty-one (21) days after the date of last publication. Notice and appearance may be waived by any person in writing before the court or in the presence of, and witnessed by, a clerk of court or a representative of an authorized agency, provided that such parent has been apprised by the court or by such person of the meaning and consequences of the adoption proceeding. Where the person entitled to notice resides outside the state, the waiver shall be acknowledged before a notary of the state and shall contain the current address of said person. The person who has executed such a waiver shall not be required to appear. If service is by publication, the court shall designate the content of the notice regarding the identity of the parties. The notice may not include the name of the person or persons seeking to adopt the adoptee.
(b) As to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient. If that service cannot be completed after two (2) attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service.
(c) Notice to a person who has registered a notice of his commencement of paternity proceedings with the vital statistics unit of the department of health and welfare in accordance with the requirements of section 16-1513, Idaho Code, shall be served by certified mail, return receipt requested, at the last address filed with the department.
(7) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing on the adoption.
(8) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the name of the person or persons seeking to adopt the adoptee.
(9) Except as to those persons whose consent to an adoption is required under section 16-1504, Idaho Code, the sole purpose of notice under this section is to enable the person served to present evidence to the court relevant to the best interest of the child.
[(16-1505) 1879, p. 8, sec. 5; R.S., sec. 2549; reen. R.C. & C.L., sec. 2704; C.S., sec. 4686; I.C.A., sec. 31-1105; am. 2000, ch. 171, sec. 4, p. 427; am. 2020, ch. 124, sec. 1, p. 383.]
(1) Proceedings to adopt a child shall be commenced by the filing of a petition together with a copy thereof. The petition shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the county in which said person or persons reside, unless the adoption concerns a child who is the subject of a child protection case. If the adoption concerns a child who is the subject of a child protection case, the petition shall be filed in the court having jurisdiction over the child protection case, unless that court relinquishes jurisdiction over the adoption proceeding. The petitioners shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filing of a petition, unless the adoption concerns a child who is the subject of a child protection case. In order for a nonresident petitioner to adopt a child who is the subject of a child protection case, the child must have lived with the petitioner continuously for at least six (6) months immediately preceding the filing of the petition. The petition shall set forth the name and address of the petitioner or petitioners, the name of the child proposed to be adopted and the name by which the person to be adopted shall be known if and when adopted, the degree of relationship of the child, if any, to the petitioner or petitioners, and the names of any person or agency whose consent to said adoption is necessary. At the time fixed for hearing such petition, the person adopting a child and the child adopted, and the spouse of the petitioner if a natural parent of the child, must appear before the court of the county wherein the petition was filed. The petitioner shall at such time execute an agreement to the effect that the child shall be adopted and treated in all respects as his own lawful child should be treated.
(2) If the adoption concerns a child who is the subject of a child protection case, then, in addition to the petition filed pursuant to subsection (1) of this section, the department of health and welfare shall file the permanency plan prepared pursuant to section 16-1620 or 16-1622, Idaho Code, associated with the child protection case. If the court determines that the person proposing to adopt the child is not the proposed adoptive parent named in the permanency plan, then the judge shall stay the proceeding pending the department preparing and filing an amended permanency plan pursuant to section 16-1620 or 16-1622, Idaho Code, and the approval of the amended permanency plan by the judge presiding over the child protection case.
(3) Any person or persons whose consent is required shall execute such consent in writing, in a form consistent with the provisions of section 16-2005(5), Idaho Code, which consent being filed in the court where the application is made shall be deemed a sufficient appearance on the part of such person or persons. If any adoptive parent, or a person not a minor being adopted by a resident adult under the provisions of section 16-1501, Idaho Code, is a member of the armed services and is unable to attend the hearing, his appearance and testimony shall be received by means of deposition, which shall be filed in the court at the time of the hearing.
(4) Prior to the placement for adoption of any child in the home of prospective adoptive parents, a thorough social investigation of the prospective adoptive family and all of its members, consistent with the rules regarding such investigations promulgated by the department of health and welfare, shall be completed and a positive recommendation for adoptive placement shall have been made. The social investigation may be performed by any individual who meets the requirements of the law. A copy of the study must be submitted to the department and the department may impose a reasonable fee, not to exceed fifty dollars ($50.00), for oversight of such privately conducted studies. If the prospective adoptive parent has a disability as defined in this chapter, the prospective adoptive parent shall have the right, as a part of the social study, to provide information regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. The person performing the social investigation shall advise the prospective adoptive parent of such right and shall consider all such information in any findings or recommendations. The social investigation of any prospective adoptive parent with a disability shall be conducted by, or with the assistance of, an individual with expertise in the use of such equipment and services. Nothing in this chapter shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities. In those instances where the prospective adoptive parent is married to the birth parent or is the grandparent of the child to be adopted, such social investigation shall be completed with regard to the prospective adoptive parent only upon order of the court. In exigent circumstances where the prospective adoptive parents are determined by the court to have been unable to complete a social investigation of the family with a positive recommendation prior to the time the child is placed in the home, the child shall remain in the home unless the court determines the best interests of the child are served by other placement. If exigent circumstances exist, a social investigation shall be initiated within five (5) days of placement. Once initiated, all studies shall be completed within sixty (60) days. Upon the filing of a petition to adopt a minor child by a person unrelated to the child or unmarried to a natural parent of the child, and at the discretion of the court upon the filing of any other petition for adoption, a copy of such petition, together with a statement containing the full names and permanent addresses of the child and the petitioners, shall within five (5) days be served by the court receiving the petition on the director of the department of health and welfare by registered mail or personal service. If no private investigation is conducted, it shall then be the duty of the director, through the personnel of the department or through such qualified child-placing children’s adoption agency incorporated under chapter 30, title 30, Idaho Code, as the director may designate, to verify the allegations of the petition and, as soon as possible not exceeding thirty (30) days after service of the petition on the director, to make a thorough investigation of the matter to include in all cases information as to the alleged date and place of birth and as to parentage of the child to be adopted as well as the source of all such information and to report his findings in writing to the court. The investigative report shall include reasonably known or available medical and genetic information regarding both natural parents and sources of such information as well as reasonably known or available providers of medical care and services to the natural parents. A copy of all medical and genetic information compiled in the investigation shall be made available to the adopting family by the department or other investigating children’s adoption agency prior to entry of the final order of adoption. The petition, statement and all other papers, records or files relating to the adoption, including the preplacement investigation and recommendation, shall be returned to the court with the investigative report. The department of health and welfare or other children’s adoption agency may require the petitioner to pay all or any part of the costs of the investigation. If the report disapproves of the adoption of the child, motion may be made to the court to dismiss the petition.
(5) Proceedings for termination of parent-child relationship in accordance with chapter 20, title 16, Idaho Code, and proceedings for adoption may be consolidated and determined at one (1) hearing, provided that all of the requirements of this chapter as well as chapter 20, title 16, Idaho Code, be fully complied with. Nothing in either chapter shall be construed as limiting the initiation of any petition for approval of a verified financial plan for adoption expenses pursuant to section 18-1511, Idaho Code, prior to the birth of the child who is the subject of any adoption proceeding. In all disputed matters under this chapter or chapter 20, title 16, Idaho Code, the paramount criterion for consideration and determination by the court shall be the best interests of the child.
(6) Proceedings for the adoption of an adult shall be as provided in subsection (1) of this section, and any consents required shall be executed as provided in subsection (3) of this section. Upon a finding by the court that the consent of all persons for whom consent is required has been given and that the requirements of section 16-1501, Idaho Code, have been proven to the satisfaction of the court, the court shall enter an order granting the adoption. In cases where the adult proposed to be adopted is incapacitated or disabled, the court may require that an investigation be performed. The form and extent of the investigation to be undertaken may be as provided in subsection (4) of this section, or as otherwise ordered by the court. If an investigation is performed, the court must review and approve the findings of the investigation before issuing an order approving the adoption.
[(16-1506) 1879, p. 8, sec. 6; am. 1885, p. 25, sec. 1; R.S., sec. 2550; reen. R.C. & C.L., sec. 2705; C.S., sec. 4687; I.C.A., sec. 31-1106; am. 1951, ch. 283, sec. 2, p. 611; am. 1969, ch. 188, sec. 2, p. 554; am. 1970, ch. 14, sec. 1, p. 26; am. 1972, ch. 196, sec. 1, p. 483; am. 1974, ch. 23, sec. 2, p. 633; am. 1980, ch. 197, sec. 24, p. 451; am. 1980, ch. 368, sec. 1, p. 950; am. 1988, ch. 26, sec. 1, p. 33; am. 1988, ch. 139, sec. 1, p. 251; am. 1992, ch. 341, sec. 1, p. 1031; am. 1994, ch. 393, sec. 2, p. 1244; am. 1994, ch. 426, sec. 1, p. 1334; am. 1995, ch. 161, sec. 1, p. 639; am. 1996, ch. 195, sec. 3, p. 611; am. 2000, ch. 171, sec. 5, p. 429; am. 2002, ch. 233, sec. 7, p. 675; am. 2005, ch. 391, sec. 3, p. 1264; am. 2016, ch. 347, sec. 1, p. 999; am. 2017, ch. 58, sec. 2, p. 93; am. 2023, ch. 10, sec. 4, p. 39; am. 2024, ch. 142, sec. 1, p. 547.]
The judge must examine all persons appearing before him pursuant to this chapter, each separately, and any report of the investigation provided pursuant to the last section and if satisfied that the interests of the child will be promoted by the adoption, he must in the adoption of all foreign born persons make a finding of facts as to the true or probable date and place of birth of the foreign born child to be adopted and make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting.
[(16-1507) 1879, p. 8, sec. 7; R.S., sec. 2551; reen. R.C. & C.L., sec. 2706; C.S., sec. 4688; I.C.A., sec. 31-1107; am. 1951, ch. 283, sec. 3, p. 611; am. 1988, ch. 26, sec. 2, p. 34; am. 1996, ch. 188, sec. 1, p. 596.]
A child or adult, when adopted, may take the name of the person adopting, and the two (2) shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of section 15-2-103, Idaho Code, and to the same extent as a child of the whole blood.
[(16-1508) 1879, p. 8, sec. 8; R.S., sec. 2552; reen. R.C. & C.L., sec. 2707; C.S., sec. 4689; I.C.A., sec. 31-1108; am. 1963, ch. 63, sec. 1, p. 246; am. 1996, ch. 195, sec. 4, p. 613; am. 2020, ch. 82, sec. 7, p. 178.]
Unless the decree of adoption otherwise provides, the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibilities for, the child so adopted, and have no right over it, and all rights of such child from and through such natural parents including the right of inheritance, are hereby terminated unless specifically provided by will.
[(16-1509) 1879, p. 8, sec. 9; R.S., sec. 2553; reen. R.C. & C.L., sec. 2708; C.S., sec. 4690; I.C.A., sec. 31-1109; am. 1969, ch. 334, sec. 1, p. 1058.]
An adoption may be dissolved, upon petition, with the agreement of both the adoptee and the adopting parent, when the adopting parent was the spouse of a natural parent, and the marriage of the natural parent and adoptive parent was terminated. If the petition for dissolution occurs after the death of the adoptive parent, the court shall, in the finding of dissolution, specify the effect upon rights of inheritance. The court must determine that avoidance of statutory care is not the purpose of the dissolution, unless the court finds grounds to waive this finding. An action to obtain a decree of dissolution of adoption may be commenced at any time after the adoptee reaches twenty-one (21) years of age.
[16-1509A, added 1998, ch. 167, sec. 1, p. 563.]
Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and thereafter the seal shall not be broken except upon the motion of petitioners or the person adopted; provided, however, that such record may be sealed again as in this section provided.
[I.C., sec. 16-1511, as added by 1953, ch. 104, sec. 1, p. 138; am. 1996, ch. 195, sec. 5, p. 613.]
(1) Any appeal from an order granting or refusing to grant an order of adoption shall be taken to the supreme court.
(2) After the order of adoption by the court becomes final, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceedings by reason of any defect or irregularity therein, jurisdiction or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed in subsection (1) of this section. In no event, for any reason, other than fraud on the part of the party adopting a child, shall an adoption be overturned by any court or collaterally attacked by any person or entity after six (6) months from the date the order of adoption becomes final. This provision is intended as a statute of repose.
[I.C.A., sec. 16-1512, as added by 1957, ch. 189, sec. 2, p. 376; am. 1971, ch. 170, sec. 1, p. 805; am. 2000, ch. 173, sec. 1, p. 442; am. 2010, ch. 26, sec. 1, p. 46.]
(1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under section 7-1111, Idaho Code, and by filing with the vital statistics unit of the department of health and welfare notice of his filing of proceedings to establish his paternity of the child born out of wedlock. The vital statistics unit of the department of health and welfare shall provide forms for the purpose of filing the notice of filing of paternity proceedings, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. The forms shall include a written notification that filing pursuant to this section shall not satisfy the requirements of chapter 82, title 39, Idaho Code, and the notification shall also include the following statements:
(a) A parent may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, as provided by section 39-8206, Idaho Code, by filing a notice of claim of parental rights with the vital statistics unit of the department of health and welfare on a form as prescribed and provided by the vital statistics unit of the department of health and welfare;
(b) The vital statistics unit of the department of health and welfare shall maintain a separate registry for claims to abandoned children, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code;
(c) The department shall provide forms for the purpose of filing a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state;
(d) To be valid, a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, must be filed before an order terminating parental rights is entered by the court. A parent that fails to file a claim of parental rights prior to entry of an order terminating their parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child;
(e) Registration of notice of filing of paternity proceedings pursuant to chapter 15, title 16, Idaho Code, shall not satisfy the requirements of chapter 82, title 39, Idaho Code. To register a parental claim to an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, an individual must file an abandoned child registry claim with the vital statistics unit of the department of health and welfare and comply with all other provisions of chapter 82, title 39, Idaho Code, in the time and manner prescribed, in order to preserve parental rights to the child.
When filing a notice of the filing of paternity proceedings, a person who claims to be the father of a child born out of wedlock shall file with the vital statistics unit of the department of health and welfare the completed form prescribed by the vital statistics unit of the department of health and welfare. Said form will be filled out completely, signed by the person claiming paternity, and witnessed before a notary public.
(2) The notice of the filing of paternity proceedings may be filed prior to the birth of the child, but must be filed prior to the date of the filing of any proceeding to terminate the parental rights of the birth mother. The notice of the filing of paternity proceedings shall be signed by the person filing the notice and shall include his name and address, the name and last address of the mother, and either the birth date of the child or the probable month and year of the expected birth of the child. The vital statistics unit of the department of health and welfare shall maintain a central registry for this purpose that shall be subject to disclosure according to chapter 1, title 74, Idaho Code. The department shall record the date and time the notice of the filing of proceedings is filed with the department. The notice shall be deemed to be duly filed with the department as of the date and time recorded on the notice by the department.
(3) If the unmarried biological father does not know the county in which the birth mother resides, he may initiate his action in any county, subject to a change in venue.
(4) Except as provided in section 16-1504(6), Idaho Code, any father of a child born out of wedlock who fails to file and register his notice of the commencement of paternity proceedings pursuant to section 7-1111, Idaho Code, prior to the date of the filing of any proceeding to terminate the parental rights of the birth mother; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth mother’s parental rights under the provisions of section 16-2005(5), Idaho Code, whichever occurs first, is deemed to have waived and surrendered any right in relation to the child and of any notice to proceedings for adoption of the child or for termination of parental rights of the birth mother. His consent to the adoption of the child shall not be required and he shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child. Failure of such filing or registration shall constitute an abandonment of said child and shall constitute an irrevocable implied consent in any adoption or termination proceeding.
(5) The filing and registration of an unrevoked notice of the commencement of paternity proceedings by a putative father shall constitute prima facie evidence of the fact of his paternity in any contested proceeding under chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of paternity proceedings shall not be a bar to an action for termination of his parental rights under chapter 20, title 16, Idaho Code.
(6) An unmarried biological father of a child born out of wedlock who has filed and registered a notice of the filing of paternity proceedings may at any time revoke notice of intent to claim paternity previously filed. Upon receipt of written revocation, the effect shall be as if no notice of the filing of paternity proceedings had been filed or registered.
(7) In any adoption proceeding pertaining to a child born out of wedlock, if there is no showing that the putative father has consented to the adoption, a certificate shall be obtained from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, which certificate shall state that a diligent search has been made of the registry of notices from putative fathers, and that no filing has been found pertaining to the father of the child in question, or if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to entry of a final decree of adoption.
(8) Identities of putative fathers can only be released pursuant to procedures contained in chapter 1, title 74, Idaho Code.
(9) To cover the cost of implementing and maintaining said central registry, the vital statistics unit of the department of health and welfare shall charge a filing fee of ten dollars ($10.00) at the time the putative father files his notice of his commencement of proceedings. The department shall also charge a reasonable fee to cover all costs incurred in a search of the Idaho putative father registry and for furnishing a certificate in accordance with the provisions of this section and section 16-1504, Idaho Code. It is the intent of the legislature that the fee shall cover all direct and indirect costs incurred pursuant to this section and section 16-1504, Idaho Code. The department shall annually review the fees and expenses incurred pursuant to administering the provisions of this section and section 16-1504, Idaho Code.
(10) Consistent with its authority denoted in the vital statistics act, section 39-242(c), Idaho Code, the board of health and welfare shall adopt, amend and repeal rules for the purpose of carrying out the provisions of this section.
(11) The department shall produce and distribute, within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, a pamphlet or publication informing the public about the Idaho putative father registry, printed in English and Spanish. The pamphlet shall indicate the procedures to be followed in order to receive notice of any proceeding for the adoption of a child that an unmarried biological father claims to have fathered and of any proceeding for termination of his parental rights, voluntary acknowledgment of paternity, the consequences of acknowledgment of paternity, the consequences of failure to acknowledge paternity and the address of the Idaho putative father registry. Within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, such pamphlets or publications shall be made available for distribution to the public at all offices of the department of health and welfare. Upon request, the department shall also provide such pamphlets or publications to hospitals, libraries, medical clinics, schools, colleges, universities, providers of child-related services and children’s agencies licensed in the state of Idaho or advertising services in the state of Idaho.
(12) Within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, each county clerk, branch office of the department of motor vehicles, all offices of the department of health and welfare, hospitals and local health districts shall post in a conspicuous place a notice that informs the public about the purpose and operation of the Idaho putative father registry. The notice must include information regarding the following:
(a) Where to obtain a registration form;
(b) Where to register;
(c) The procedures to follow in order to file proceedings to establish paternity of a child born out of wedlock;
(d) The consequences of a voluntary acknowledgment of paternity; and
(e) The consequences of failure to acknowledge paternity.
(13) The department shall host on the department’s web page a public service announcement (PSA) informing the public about the Idaho putative father registry, printed in English and Spanish. The PSA shall indicate the procedures to be followed in order to receive notice of any proceeding for the adoption of a child that an unmarried biological father claims to have fathered and of any proceeding for termination of his parental rights, voluntary acknowledgment of paternity, the consequences of acknowledgment of paternity, the consequences of failure to acknowledge paternity and the address of the Idaho putative father registry.
(14) Failure to post a proper notice under the provisions of this section does not relieve a putative father of the obligation to file notice of the filing of proceedings to establish his paternity pursuant to this section or to commence proceedings to establish paternity pursuant to section 7-1111, Idaho Code, prior to the filing of any proceeding to terminate parental rights of the birth mother.
(15) A person who knowingly or intentionally falsely files or registers as a putative father is guilty of a misdemeanor.
[16-1513, added 1985, ch. 54, sec. 1, p. 107; am. 1990, ch. 213, sec. 9, p. 494; am. 1992, ch. 341, sec. 2, p. 1033; am. 1994, ch. 393, sec. 3, p. 1245; am. 2000, ch. 171, sec. 7, p. 431; am. 2001, ch. 357, sec. 2, p. 1256; am. 2005, ch. 25, sec. 75, p. 110; am. 2005, ch. 391, sec. 4, p. 1267; am. 2013, ch. 138, sec. 5, p. 327; am. 2014, ch. 140, sec. 2, p. 382; am. 2015, ch. 141, sec. 12, p. 384; am. 2020, ch. 330, sec. 4, p. 958; am. 2023, ch. 10, sec. 5, p. 41.]
(1) Proceedings to adopt a foreign born child who has been allowed to enter the United States for the purpose of adoption shall be commenced by the filing of a petition under this section. A petition under this section shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the judicial district in which said person or persons reside. The petitioner shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filing of a petition. The petition shall set forth the following:
(a) The name and address of the petitioner or petitioners;
(b) The name of the child proposed to be adopted and the name by which he or she shall be known when adopted;
(c) The degree of relationship of the child, if any, to the petitioner or petitioners;
(d) The child’s country of origin, and date of birth, if known;
(e) That the child has been issued a visa or other document authorizing entry into the United States as an immigrant or for the purpose of adoption or for humanitarian reasons relating to adoption in the United States and the date of the person’s entry into the United States;
(f) That a home study of the petitioner or petitioners was prepared and the name of the person or agency performing the home study. A copy of the home study shall be attached to the petition;
(g) That, to the information and belief of the petitioners, the biological parents of the child to be adopted are residents of another country;
(h) That the adoption of such child is in the child’s best interests.
(2) At the time fixed for the hearing on a petition for adoption under this section, the person or persons adopting the child and the child to be adopted must appear before the court where the petition was filed. The judge shall examine the petitioner or petitioners at the hearing and, if satisfied that the proposed adoption is in the best interests of the child to be adopted, shall enter a decree of adoption. The petitioner or petitioners shall at such time execute an agreement to the effect that the child shall be adopted and treated in all respects as the petitioner’s own lawful child.
(3) This section governs the adoption of all foreign born children who have entered the United States to be adopted. Notwithstanding any other provision of this chapter, no consent shall be required from the biological parents of the child to be adopted if the child has been granted permission by the United States department of state or United States department of homeland security to enter the United States for the purpose of adoption or for humanitarian reasons relating to adoption by United States citizens. A visa or other document from the United States department of state or United States department of homeland security authorizing entry into the United States for the purpose of adoption, or for humanitarian reasons relating to adoption by United States citizens, shall be deemed conclusive evidence of the termination of the parental rights of the biological parents and compliance with the laws of the country of the child’s birth. The provisions of chapter 20, title 16, Idaho Code, shall not apply to adoptions under this section.
(4) The decisions and orders of foreign courts and government agencies, authorized to approve adoptions, shall be accorded judicial comity or the same full faith and credit accorded a judgment of a sister state without additional proceedings or documentation, provided the United States department of state or United States department of homeland security has allowed the child to enter the United States as set forth in subsection (3) of this section.
[16-1514, added 1996, ch. 188, sec. 2, p. 596; am. 1998, ch. 313, sec. 1, p. 1035; am. 2006, ch. 77, sec. 1, p. 234.]
(1) When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the United States government, such resident may file with a petition a copy of the decree, order or certificate of adoption which evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the United States government with the clerk of the court of any county in this state having jurisdiction over the person or persons filing such documents.
(2) The court shall assign a docket number and file and enter the documents referenced in subsection (1) of this section with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.
(3) When such order is filed and entered, the adoptive parents may request a report of adoption as provided in section 39-259, Idaho Code.
[16-1514A, added 2006, ch. 77, sec. 2, p. 236.]
(1) If a natural parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the natural parent upon the petition of a natural parent, whether or not the order of adoption has been entered, the court shall order the natural parent who so petitioned to reimburse the adoptive or prospective adoptive parents for all adoption expenses including, but not limited to, all medical fees and costs and all legal fees and costs, and all other reasonable costs and expenses including, but not limited to, expenses for food and clothing incurred by the adoptive or prospective adoptive parents in connection with the care and maintenance of the child while the child was living with the adoptive or prospective adoptive parents. The court shall determine the amount of the reimbursement owing and shall enter the same as a money judgment in favor of the adoptive or prospective adoptive parents.
(2) If the natural parent agrees to consent to the adoption and the adoption proceedings have been initiated by the prospective adoptive parents in accordance with that agreement but the natural parent thereafter refuses to execute the consent to adoption, the prospective adoptive parents may file a motion for restitution in the adoption action and the court may order reimbursement as provided in subsection (1) of this section, or the prospective adoptive parents may file a suit independent of the adoption proceedings for damages which may include those items described in subsection (1) of this section.
(3) For purposes of this section, "prospective adoptive parents" shall include foster parents who have initiated adoption proceedings with respect to the child for whom foster care is being provided, but shall not include foster parents who are wholly or partially reimbursed by the state of Idaho for the care of the child.
[16-1515, added 1998, ch. 172, sec. 1, p. 594.]
The policy of the state of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment and neglect cases, and the protection of any child whose life, health or welfare is endangered. At all times, the health and safety of the child shall be the primary concern. Each child coming within the purview of this chapter shall receive, preferably in his own home, the care, guidance and control that will promote his welfare and the best interest of the state of Idaho, and if he is removed from the control of one (1) or more of his parents, guardian or other custodian, the state shall secure adequate care for him; provided, however, that the state of Idaho shall, to the fullest extent possible, seek to preserve, protect, enhance and reunite the family relationship. Nothing in this chapter shall be construed to allow discrimination on the basis of disability. This chapter seeks to coordinate efforts by state and local public agencies, in cooperation with private agencies and organizations, citizens’ groups, and concerned individuals, to:
(1) Preserve the privacy and unity of the family whenever possible;
(2) Take such actions as may be necessary and feasible to prevent the abuse, neglect, abandonment or homelessness of children;
(3) Take such actions as may be necessary to provide the child with permanency including concurrent planning;
(4) Clarify for the purposes of this act the rights and responsibilities of parents with joint legal or joint physical custody of children at risk; and
(5) Maintain sibling bonds by placing siblings in the same home when possible, and support or facilitate sibling visitation when not, unless such contact is not in the best interest of one (1) or more of the children.
[16-1601, added 1976, ch. 204, sec. 2, p. 732; am. 1982, ch. 186, sec. 1, p. 492; am. 1991, ch. 212, sec. 1, p. 501; am. 1996, ch. 272, sec. 1, p. 885; am. 1998, ch. 257, sec. 1, p. 851; am. 2001, ch. 107, sec. 1, p. 352; am. 2003, ch. 279, sec. 1, p. 748; am. 2018, ch. 287, sec. 1, p. 675.]
For purposes of this chapter:
(1) "Abused" means any case in which a child has been the victim of:
(a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, head injury, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence; or
(b) Sexual conduct, including rape, molestation, incest, commercial sexual activity, obscene or pornographic photographing, filming or depiction for commercial purposes, human trafficking as defined in chapter 86, title 18, Idaho Code, or other similar forms of sexual exploitation harming or threatening the child’s health or welfare or mental injury to the child.
(2) "Abandoned" means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment.
(3) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain or improve the parenting capabilities of a parent with a disability.
(4) "Adjudicatory hearing" means a hearing to determine:
(a) Whether the child comes under the jurisdiction of the court pursuant to the provisions of this chapter;
(b) Whether continuation of the child in the home would be contrary to the child’s welfare and whether the best interest of the child requires protective supervision or vesting legal custody of the child in an authorized agency.
(5) "Age of developmentally appropriate" means:
(a) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and
(b) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.
(6) "Aggravated circumstances" includes, but is not limited to:
(a) Circumstances in which the parent has engaged in any of the following:
(i) Abandonment, chronic abuse or chronic neglect of the child. Chronic neglect or chronic abuse of a child shall consist of abuse or neglect that is so extreme or repetitious as to indicate that return of the child to the home would result in unacceptable risk to the health and welfare of the child.
(ii) Sexual abuse against a child of the parent. Sexual abuse, for the purposes of this section, includes any conduct described in section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101, or 18-6604, or chapter 86, title 18, Idaho Code.
(iii) Torture of a child. Any conduct listed in section 18-8303(1), Idaho Code; battery or an injury to a child that results in serious or great bodily injury to a child; voluntary manslaughter of a child, or aiding or abetting such voluntary manslaughter, soliciting such voluntary manslaughter or attempting or conspiring to commit such voluntary manslaughter;
(b) The parent has committed murder, aided or abetted a murder, solicited a murder or attempted or conspired to commit murder; or
(c) The parental rights of the parent to another child have been terminated involuntarily.
(7) "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.
(8) "Caregiver" means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed.
(9) "Case plan hearing" means a hearing to approve, modify or reject the case plan as provided in section 16-1621, Idaho Code.
(10) "Child" means an individual who is under the age of eighteen (18) years.
(11) "Child advocacy center" or "CAC" means an organization that adheres to national best practice standards established by the national membership and accrediting body for children’s advocacy centers and that promotes a comprehensive and coordinated multidisciplinary team response to allegations of child abuse by maintaining a child-friendly facility at which appropriate services are provided. These services may include forensic interviews, forensic medical examinations, mental health services and other related victim services.
(12) "Circumstances of the child" includes, but is not limited to, the joint legal custody or joint physical custody of the child.
(13) "Commit" means to transfer legal and physical custody.
(14) "Concurrent planning" means a planning model that prepares for and implements different outcomes at the same time.
(15) "Court" means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof.
(16) "Custodian" means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order.
(17) "Department" means the department of health and welfare and its authorized representatives.
(18) "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.
(19) "Family or household member" shall have the same meaning as in section 39-6303(6), Idaho Code.
(20) "Foster care" means twenty-four (24) hour substitute parental care for children placed away from their parents or guardians by persons who may or may not be related to the children and for whom the state agency has placement and care responsibility.
(21) "Foster parent" means a person or persons licensed to provide foster care.
(22) "Grant administrator" means the supreme court or any organization or agency as may be designated by the supreme court in accordance with such procedures as may be adopted by the supreme court. The grant administrator shall administer funds from the guardian ad litem account in accordance with the provisions of this chapter.
(23) "Guardian ad litem" means a person appointed by the court pursuant to a guardian ad litem volunteer program to act as special advocate for a child under this chapter.
(24) "Guardian ad litem coordinator" means a person or entity receiving moneys from the grant administrator for the purpose of carrying out any of the duties set forth in section 16-1632, Idaho Code.
(25) "Guardian ad litem program" means the program to recruit, train and coordinate volunteer persons to serve as guardians ad litem for abused, neglected or abandoned children.
(26) "Homeless," as used in this chapter, shall mean that the child is without adequate shelter or other living facilities, and the lack of such shelter or other living facilities poses a threat to the health, safety or well-being of the child.
(27) "Idaho network of children’s advocacy centers" means an organization that provides education and technical assistance to child advocacy centers and to interagency multidisciplinary teams developed pursuant to section 16-1617, Idaho Code.
(28) "Law enforcement agency" means a city police department, the prosecuting attorney of any county, state law enforcement officers, or the office of a sheriff of any county.
(29) "Legal custody" means a relationship created by court order, which 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.
(d) To authorize ordinary medical, dental, psychiatric, psychological, or other remedial care and treatment for the child, including care and treatment in a facility with a program of services for children, and to authorize surgery if the surgery is deemed by two (2) physicians licensed to practice in this state to be necessary for the child.
(e) Where the parents share legal custody, the custodian may be vested with the custody previously held by either or both parents.
(30) "Mental injury" means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.
(31) "Neglected" means a child:
(a) Who is without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them; however, no child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well-being, but this subsection shall not prevent the court from acting pursuant to section 16-1627, Idaho Code; or
(b) Whose parent, guardian or other custodian is unable to discharge the responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his health, safety or well-being; or
(c) Who has been placed for care or adoption in violation of law; or
(d) Who is without proper education because of the failure to comply with section 33-202, Idaho Code.
(32) "Order to prevent removal," as described in section 16-1611(5), Idaho Code, means an order to allow a child to remain in the child’s present surroundings when there is reasonable cause to believe the child is safe in the sole care of one (1) parent, legal guardian, or legal custodian and when there is alleged neglect or abuse by another parent, legal guardian, or legal custodian.
(33) "Permanency hearing" means a hearing to review, approve, reject or modify the permanency plan of the department and to review reasonable efforts in accomplishing the permanency plan.
(34) "Permanency plan" means a plan for a continuous residence and maintenance of nurturing relationships during the child’s minority.
(35) "Protective supervision" is a legal status created by court order in a child protective case whereby the child is in the legal custody of his or her parent(s), guardian(s) or other legal custodian(s), subject to supervision by the department.
(36) "Psychotropic medication" means a drug prescribed to affect psychological functioning, perception, behavior or mood. Psychotropic medications include, but are not limited to, antidepressants, mood stabilizers, antipsychotics, antianxiety medications, sedatives and stimulants.
(37) "Qualified individual" means a trained professional or licensed clinician who is not connected to or affiliated with any placement setting in which children are placed by the department and who is not an employee of child and family services, unless a waiver has been approved by the authorized agency.
(38) "Qualified residential treatment program" means a program that has a trauma-informed treatment model designed to address the needs of children with serious emotional or behavioral disorders or disturbances, is able to implement the treatment identified for the child by the assessment of the child required under section 16-1619A(2), Idaho Code, and is licensed and accredited in accordance with state and federal law.
(39) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while simultaneously encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.
(40) "Relative" means a child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling.
(41) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parents after the transfer of legal custody including, but not necessarily limited to, the right of visitation, the right to consent to adoption, the right to determine religious affiliation, the right to family counseling when beneficial, and the responsibility for support.
(42) "Shelter care" means places designated by the department for temporary care of children pending court disposition or placement.
(43) "Supportive services," as used in this chapter, shall mean services that assist parents 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 effectively using adaptive equipment and accommodations that allow parents with a disability to benefit from other services including, but not limited to, Braille texts or sign language interpreters.
(44)(a) "Visitation" means contact between a child and the child’s parent, guardian, custodian, or siblings. Visitation includes in-person visitation, video communication, telephonic contact, and written communication.
(b) When the department has a substantiated claim of sexual abuse or physical abuse against the parent, guardian, or custodian, in-person visitation shall not be permitted unless the court finds that in-person visitation is in the best interest of the child. The court shall set forth written conditions for such in-person visitation that ensures the visitation is safe and does not harm the child’s physical or mental health. Unless the court finds good cause to deviate, the written conditions shall include:
(i) The parent, guardian, or custodian shall not be left alone with the child for any reason, including restroom breaks;
(ii) The parent, guardian, or custodian shall not allow the child to sit on the person’s, guardian’s, or custodian’s lap when there is substantiated sexual abuse; and
(iii) The parent, guardian, or custodian shall not be allowed to engage in secret conversations or other communication that cannot be monitored in real time.
(c) For the purposes of this subsection:
(i) "Physical abuse" is as defined in subsection (1)(a) of this section, where the abuse caused life-threatening, disabling, or disfiguring injury or damage, or required medical treatment as recommended by a medical provider.
(ii) "Sexual abuse" is as defined in subsection (1)(b) of this section and includes "sexual exploitation" as described in sections 18-1507 and 18-1507A, Idaho Code.
(iii) "Substantiated claim" means:
Abuse was witnessed by an employee of the department;
A court determines in an adjudicatory hearing that an abused child comes within the jurisdiction of this chapter;
An alleged offender confessed;
Abuse was corroborated by physical or medical evidence; or
Abuse has been established by a preponderance of the evidence.
[16-1602, added 1976, ch. 204, sec. 2, p. 733; am. 1982, ch. 186, sec. 2, p. 492; am. 1986, ch. 84, sec. 5, p. 247; am. 1989, ch. 281, sec. 1, p. 685; am. 1989, ch. 302, sec. 1, p. 752; am. 1991, ch. 38, sec. 1, p. 76; am. 1991, ch. 212, sec. 2, p. 501; am. 1996, ch. 272, sec. 2, p. 886; am. 2000, ch. 136, sec. 3, p. 357; am. 2001, ch. 107, sec. 2, p. 353; am. 2003, ch. 279, sec. 2, p. 749; am. 2005, ch. 391, sec. 5, p. 1269; am. 2007, ch. 26, sec. 1, p. 48; am. 2009, ch. 103, sec. 1, p. 316; am. 2010, ch. 147, sec. 1, p. 314; am. 2013, ch. 287, sec. 1, p. 741; am. 2014, ch. 120, sec. 1, p. 337; am. 2016, ch. 265, sec. 1, p. 700; am. 2016, ch. 296, sec. 6, p. 831; am. 2016, ch. 360, sec. 1, p. 1061; am. 2017, ch. 38, sec. 1, p. 57; am. 2017, ch. 58, sec. 3, p. 95; am. 2017, ch. 174, sec. 1, p. 401; am. 2019, ch. 133, sec. 1, p. 473; am. 2021, ch. 281, sec. 1, p. 836; am. 2022, ch. 124, sec. 10, p. 440; am. 2024, ch. 147, sec. 44, p. 576; am. 2025, ch. 165, sec. 1, p. 788; am. 2026, ch. 131, sec. 1, p. 620.]
(1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state:
(a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or
(b) Whose parents or other legal custodian fails to provide a stable home environment.
(2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following:
(a) The other child is living or is found within the state;
(b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment;
(c) The other child is listed in the petition or amended petition;
(d) The parents or legal guardians of the other child have notice as provided in section 16-1611, Idaho Code.
[16-1603, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 3, p. 494; am. 1991, ch. 212, sec. 3, p. 503; am. 1996, ch. 272, sec. 3, p. 888; am. 1999, ch. 123, sec. 2, p. 361; am. 2001, ch. 107, sec. 3, p. 355; am. 2003, ch. 279, sec. 3, p. 752; am. 2005, ch. 391, sec. 6, p. 1272.]
(1) Jurisdiction obtained by the court under this chapter shall be retained until the child’s eighteenth birthday, unless terminated prior thereto or extended by the court pursuant to section 16-1622(5), Idaho Code. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.
(2) The parties have an ongoing duty to inquire concerning, and inform the court as soon as possible about, any other pending actions or current orders involving the child. In the event there are conflicting orders from Idaho courts concerning the child, the child protection order is controlling.
[I.C., sec. 16-1604, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 4, p. 494; am. 1989, ch. 218, sec. 1, p. 527; am. 2001, ch. 107, sec. 4, p. 356; am. 2021, ch. 281, sec. 2, p. 840.]
(1) Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher, day care personnel, social worker, or other person having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected or who observes the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department. The department shall be informed by law enforcement of any report made directly to it. If the department knows or has reason to know that an adult in the home has been convicted of lewd and lascivious conduct or felony injury to a child in the past or that the child has been removed from the home for circumstances that resulted in a conviction for lewd and lascivious conduct or felony injury to a child, then the department shall investigate. When the attendance of a physician, resident, intern, nurse, day care worker, or social worker is pursuant to the performance of services as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution or his designated delegate who shall make the necessary reports.
(2) For purposes of subsection (3) of this section, the term "duly ordained minister of religion" means a person who has been ordained or set apart, in accordance with the ceremonial, ritual or discipline of a church or religious organization which has been established on the basis of a community of religious faith, belief, doctrines and practices, to hear confessions and confidential communications in accordance with the bona fide doctrines or discipline of that church or religious organization.
(3) The notification requirements of subsection (1) of this section do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if:
(a) The church qualifies as tax-exempt under 26 U.S.C. 501(c)(3);
(b) The confession or confidential communication was made directly to the duly ordained minister of religion; and
(c) The confession or confidential communication was made in the manner and context that places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. A confession or confidential communication made under any other circumstances does not fall under this exemption.
(4) Failure to report as required in this section shall be a misdemeanor.
[(16-1605) 16-1619, added 1976, ch. 204, sec. 2, p. 743; am. 1982, ch. 186, sec. 18, p. 501; am. 1985, ch. 158, sec. 1, p. 416; am. 1995, ch. 329, sec. 1, p. 1098; am. and redesig. 2005, ch. 391, sec. 7, p. 1272; am. 2018, ch. 287, sec. 2, p. 676.]
Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in section 16-1605, Idaho Code, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any such judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.
[(16-1606) 16-1620, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 19, p. 501; am. 1985, ch. 158, sec. 2, p. 417; am. 1995, ch. 328, sec. 1, p. 1097; am. and redesig. 2005, ch. 391, sec. 8, p. 1273.]
Any person who makes a report or allegation of child abuse, abandonment or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of two thousand five hundred dollars ($2,500), whichever is greater, plus attorney’s fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.
[(16-1607) 16-1620A, added 1995, ch. 276, sec. 1, p. 924; am. and redesig. 2005, ch. 391, sec. 9, p. 1274; am. 2007, ch. 128, sec. 1, p. 385.]
(1) A child may be taken into shelter care by a peace officer without an order issued pursuant to subsection (4) of section 16-1611 or section 16-1619, Idaho Code, only where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.
(2) When a child is taken into shelter care under subsection (1) of this section, he may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, unless a shelter care hearing has been held pursuant to section 16-1615, Idaho Code, and the court orders an adjudicatory hearing.
[(16-1608) 16-1612, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 12, p. 498; am. 1989, ch. 302, sec. 4, p. 756; am. 2001, ch. 107, sec. 13, p. 365; am. 2001, ch. 357, sec. 3, p. 1259; am. 2005, ch. 25, sec. 76, p. 113; am. and redesig. 2005, ch. 391, sec. 10, p. 1274; am. 2025, ch. 165, sec. 2, p. 792.]
(1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:
(a) Take the child to a place of shelter; and
(b) Notify the court of the action taken and the place to which the child was taken; and
(c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.
(2) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.
[(16-1609) 16-1613, as added by 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 13, p. 499; am. 1996, ch. 272, sec. 10, p. 893; am. 2001, ch. 107, sec. 14, p. 365; am. 2001, ch. 357, sec. 4, p. 1259; am. 2005, ch. 25, sec. 77, p. 113; am. and redesig. 2005, ch. 391, sec. 11, p. 1274.]
(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.
[(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.]
(1) After a petition has been filed, the clerk of the court may issue a summons requiring the person or persons who have custody of the child to bring the child before the court at the adjudicatory hearing held in accordance with section 16-1619, Idaho Code. Each parent or guardian shall also be notified in the manner hereinafter provided of the pendency of the case and the time and place set for the hearing. A summons shall be issued and served requiring the appearance of each parent and legal guardian, and a summons may be issued and served for any other person whose presence is required by the child, either of his parents or guardian or any other person whose presence, in the opinion of the court, is necessary.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall notify each of the parents, guardian or legal custodian of their right to retain and be represented by counsel. Each parent or legal guardian of each child named in the petition shall be notified by the court of the case and of the time and place set for the hearing.
(4) If based on facts presented to the court, it appears that the court has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, and the court finds that the child should be removed from his present condition or surroundings because continuation in such condition or surroundings would be contrary to the welfare of the child and vesting legal custody with the department or other authorized agency would be in the child’s best interests, the court shall include on the summons an order to remove the child. The order to remove the child shall specifically state that continuation in the present condition or surroundings is contrary to the welfare of the child and shall require a peace officer or other suitable person to take the child at once to a place of shelter care designated by the authorized agency which shall provide shelter care for the child.
(5)(a) If there is reasonable cause to believe that a child would be safe in the child’s present surroundings in the sole care of one (1) parent, legal guardian, or legal custodian and neglect or abuse by another parent, legal guardian, or legal custodian is alleged, then a prosecutor or the attorney general may file a motion with the court for an order to prevent removal of the child that excludes the alleged offending parent, legal guardian, or legal custodian from the residence where the child resides. If the court finds reasonable cause to believe that such elements have been demonstrated, the court shall issue an order that shall exclude the alleged offending parent, legal guardian, or legal custodian from the dwelling where the child resides, restrain any contact or communication with the child, and restrain the alleged offending parent, legal guardian, or legal custodian from coming within one thousand five hundred (1,500) feet, or other appropriate distance, of the child until further order of the court.
(b) A motion filed pursuant to paragraph (a) of this subsection shall be accompanied by a sworn affidavit from a law enforcement officer or the department.
(c) A copy of an order to prevent removal along with a copy of the petition and summons shall be served on the alleged offending parent, legal guardian, or legal custodian, and all parents, legal guardians, or legal custodians shall receive notice of a hearing on whether to continue an order within forty-eight (48) hours, excluding Saturdays, Sundays, and holidays.
(d) The court shall continue an order to prevent removal until further order of the court if, at a hearing on whether to continue the order, the prosecutor or attorney general shows:
(i) A petition and summons have been issued pursuant to subsection (1) of this section;
(ii) There is reasonable cause to believe the child is safe in the child’s current surroundings in the sole care of one (1) parent, legal guardian, or legal custodian but has been neglected or abused by the other parent, legal guardian, or legal custodian; and
(iii) Continuation of the order is in the child’s best interest.
(e) Any person who fails to abide by an order to prevent removal shall be guilty of misdemeanor criminal contempt, as described in section 18-1801, Idaho Code.
[(16-1611) 16-1606, added 1976, ch. 204, sec. 2, p. 736; am. 1982, ch. 186, sec. 6, p. 495; am. 1989, ch. 302, sec. 2, p. 754; am. 1996, ch. 272, sec. 5, p. 889; am. 2001, ch. 107, sec. 6, p. 357; am. and redesig. 2005, ch. 391, sec. 13, p. 1276; am. 2007, ch. 223, sec. 1, p. 669; am. 2025, ch. 165, sec. 3, p. 793.]
(1) Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the court is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing.
(2) When publication is used the summons shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons.
(3) Service of summons, process or notice required by this chapter shall be made by the sheriff or other person appointed by the court, and a return must be made on the summons showing that service has been made.
(4) The court may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this chapter, and such expenses when approved by the court shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county.
(5) The court may summon the appearance of any person whose presence is deemed necessary as a witness.
(6) The child, each of his parents, guardian or custodian shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of their right to be represented by counsel.
(7) If any person summoned as herein provided shall, without reasonable cause, fail to appear, the court may proceed in such person’s absence or such person may be proceeded against for contempt of court.
(8) Where the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the court that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child.
[(16-1612) 16-1607, added 1976, ch. 204, sec. 2, p. 737; am. 1982, ch. 186, sec. 7, p. 496; am. 1996, ch. 272, sec. 6, p. 890; am. and redesig. 2005, ch. 391, sec. 14, p. 1277.]
(1) Proceedings under this chapter shall be dealt with by the court at hearings separate from those for adults and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. The general public shall be excluded, and only such persons shall be admitted as are found by the court to have a direct interest in the case. The child may be excluded from hearings at any time at the discretion of the court. If the parent or guardian is without counsel, the court shall inform them of their right to be represented by counsel and to appeal from any disposition or order of the court.
(2) When a child is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend, or other person having a supportive relationship with the child shall, if available, be permitted to remain in the courtroom at the witness stand with the child during the child’s testimony unless, in written findings made and entered, the court finds that the constitutional right of the child’s parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly prejudiced.
(3) At any stage of a proceeding under this chapter, if the court determines that it is in the best interests of the child or society, the court may cause the proceeding to be expanded or altered to include full or partial consideration of the cause under the juvenile corrections act without terminating the original proceeding under this chapter.
[(16-1613) 16-1607A, added 2001, ch. 107, sec. 7, p. 358; am. and redesig. 2005, ch. 391, sec. 15, p. 1278.]
(1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child.
(2) In any proceeding under this chapter for a child twelve (12) years of age or older, the court:
(a) Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or
(b) Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.
(3) Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.
(4)(a) The legislature finds that guardian ad litem representation has been addressed differently throughout the state, with some counties providing representation through their public defense office or public defense contracts, or in other areas of the state with pro bono representation. The legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office’s mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed. It is not the intent of the legislature to disrupt, terminate, or otherwise inhibit any pro bono programs that now exist or may hereinafter be created to provide counsel for guardians ad litem.
(b) Counsel appointed for a guardian ad litem shall first come from volunteer attorneys willing to represent the guardian ad litem pro bono unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. Absent available volunteer pro bono counsel, attorneys for the guardian ad litem shall be paid by the county, and the county shall be reimbursed for the actual, verified costs of guardian ad litem representation the county incurred from the attorney costs for guardian ad litem account, as established in section 57-828, Idaho Code, by submitting a request to the office of the state public defender.
[(16-1614) 16-1618, added 1976, ch. 204, sec. 2, p. 743; am. 1982, ch. 186, sec. 17, p. 500; am. 1985, ch. 177, sec. 1, p. 459; am. 1989, ch. 281, sec. 2, p. 687; am. 2001, ch. 107, sec. 18, p. 368; am. and redesig. 2005, ch. 391, sec. 16, p. 1278; am. 2013, ch. 221, sec. 1, p. 521; am. 2024, ch. 270, sec. 1, p. 936.]
(1) Notwithstanding any other provision of this chapter, when a child is taken into shelter care pursuant to section 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child should be released shall be held according to the provisions of this section.
(2) Each of the parents or custodian from whom the child was removed shall be given notice of the shelter care hearing. Such notice shall include the time, place, and purpose of the hearing; and, that such person is entitled to be represented by legal counsel. Notice as required by this subsection shall be given at least twenty-four (24) hours before the shelter care hearing.
(3) Notice of the shelter care hearing shall be given to the parents or custodian from whom the child was removed by personal service and the return of service shall be filed with the court and to any person having joint legal or physical custody of the subject child. Provided, however, that such service need not be made where the undelivered notice is returned to the court along with an affidavit stating that such parents or custodian could not be located or were out of the state.
(4) The shelter care hearing may be continued for a reasonable time upon request by the parent, custodian or counsel for the child.
(5) If, upon the completion of the shelter care hearing, it is shown that:
(a) A petition has been filed; and
(b) There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either:
(i) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or
(ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and
(c) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and
(d) It is contrary to the welfare of the child to remain in the home; and
(e) It is in the best interests of the child to remain in temporary shelter care pending the conclusion of the adjudicatory hearing.
The court shall issue, within twenty-four (24) hours of such hearing, a shelter care order placing the child in the temporary legal custody of the department or other authorized agency. Any evidence may be considered by the court which is of the type which reasonable people may rely upon.
(6) Upon finding reasonable cause pursuant to subsection (5)(b) of this section, the court shall order an adjudicatory hearing to be held as soon as possible, but in no event later than thirty (30) days from the date the petition was filed. In addition, the court shall inquire whether there is reason to believe that the child is an Indian child.
(7) Upon entry of an order of shelter care, the court shall inquire:
(a) If the child is of school age, about the department’s efforts to keep the child in the school at which the child is currently enrolled; and
(b) If a sibling group was removed from their home, about the department’s efforts to place the siblings together, or if the department has not placed or will not be placing the siblings together, about a plan to ensure frequent visitation or ongoing interaction among the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.
(8) If the court does not find that the child should be placed in or remain in shelter care under subsection (5) of this section, the child shall be released.
(9) If the court does not find reasonable cause pursuant to subsection (5)(b) of this section, the court shall dismiss the petition.
[(16-1615) 16-1614, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 14, p. 499; am. 1986, ch. 121, sec. 3, p. 321; am. 1989, ch. 58, sec. 1, p. 93; am. 1989, ch. 302, sec. 5, p. 757; am. 1996, ch. 272, sec. 11, p. 893; am. 2001, ch. 107, sec. 15, p. 366; am. and redesig. 2005, ch. 391, sec. 17, p. 1278; am. 2007, ch. 223, sec. 2, p. 670; am. 2016, ch. 265, sec. 2, p. 704; am. 2025, ch. 165, sec. 4, p. 794.]
(1) After a petition has been filed, the department shall investigate the circumstances of the child and his family and prepare a written report to the court.
(2) The report shall be delivered to the court with copies to each of the parties prior to the pretrial conference for the adjudicatory hearing. If delivered by mail the report must be received by the court and the parties prior to the pretrial conference for the adjudicatory hearing. The report shall contain a social evaluation of the child and the parents or other legal custodian and such other information as the court shall require.
(3) The report shall not be considered by the court for purposes of determining whether the child comes within the jurisdiction of the act. The report may be admitted into evidence at the adjudicatory hearing for other purposes.
[(16-1616) 16-1609, added 1976, ch. 204, sec. 2, p. 738; am. 1982, ch. 186, sec. 9, p. 497; am. 1996, ch. 272, sec. 7, p. 891; am. 2001, ch. 107, sec. 9, p. 360; am. and redesig. 2005, ch. 391, sec. 18, p. 1279.]
(1) The prosecuting attorney in each county shall be responsible for the development of an interagency multidisciplinary team or teams for investigation of child abuse and neglect referrals within each county. The teams shall consist of, but not be limited to, law enforcement personnel, department of health and welfare child protection risk assessment staff, child advocacy center staff where such staff is available in the county, a representative of the prosecuting attorney’s office, and any other person deemed to be necessary due to his or her special training in child abuse investigation. Other persons may participate in investigation of particular cases at the invitation of the team and as determined necessary, such as medical personnel, school officials, mental health workers, personnel from domestic violence programs, persons knowledgeable about adaptive equipment and supportive services for parents or guardians with disabilities or the guardian ad litem program.
(2) The teams shall develop a written protocol for investigation of child abuse cases and for interviewing alleged victims of such abuse or neglect, including protocols for investigations involving a family member with a disability. Each team shall develop written agreements signed by member agencies, specifying the role of each agency, procedures to be followed to assess risks to the child and criteria and procedures to be followed to ensure the child victim’s safety including removal of the alleged offender.
(3) Each team member shall be trained in his or her respective role, including risk assessment, dynamics of child abuse and interviewing and investigatory techniques. Such training may be provided by the Idaho network of children’s advocacy centers or by the member’s respective agency.
(4) Each team shall classify, assess and review a representative selection of cases referred to either the department or to law enforcement entities for investigation of child abuse or neglect.
(5) Each multidisciplinary team shall develop policies that provide for an independent review of investigation procedures utilized in cases upon completion of any court actions on those cases. The procedures shall include independent citizen input. Nonoffending parents of child abuse victims shall be notified of the review procedure.
(6) Prosecuting attorneys of the various counties may determine that multidisciplinary teams may be most effectively established through the use of joint exercise of powers agreements among more than one (1) county and such agreements are hereby authorized.
(7) Lack of review by a multidisciplinary team of a particular case does not defeat the jurisdiction of the court.
[(16-1617) 16-1609A, added 1996, ch. 388, sec. 1, p. 1312; am. 2001, ch. 107, sec. 10, p. 361; am. 2003, ch. 279, sec. 5, p. 754; am. and redesig. 2005, ch. 391, sec. 19, p. 1280; am. 2014, ch. 120, sec. 2, p. 340.]
Unless otherwise demonstrated by good cause, all investigative or risk assessment interviews of alleged victims of child abuse will be documented by audio or video taping whether conducted by personnel of law enforcement entities, the department of health and welfare or child advocacy centers. The absence of such audio or video taping shall not limit the admissibility of such evidence in any related court proceeding.
[(16-1618) 16-1609B, added 1996, ch. 388, sec. 2, p. 1313; am. and redesig. 2005, ch. 391, sec. 20, p. 1281; am. 2014, ch. 120, sec. 3, p. 341.]
No investigation may be conducted pursuant to this chapter if it is based upon a child’s immunization status.
[16-1618A, added 2023, ch. 10, sec. 1, p. 34.]
(1) When a petition has been filed, the court shall set an adjudicatory hearing to be held no later than thirty (30) days after the filing of the petition.
(2) A pretrial conference shall be held outside the presence of the court within three (3) to five (5) days before the adjudicatory hearing. Investigative reports required under section 16-1616, Idaho Code, shall be delivered to the court with copies to each of the parents and other legal custodians, guardian ad litem and attorney for the child prior to the pretrial conference.
(3) At the adjudicatory hearing, parents or guardians with disabilities shall have the right to introduce admissible evidence regarding how use of adaptive equipment or supportive services may enable the parent or guardian to carry out the responsibilities of parenting the child by addressing the reason for the removal of the child.
(4) If a preponderance of the evidence at the adjudicatory hearing shows that the child comes within the court’s jurisdiction under this chapter upon the grounds set forth in section 16-1603, Idaho Code, the court shall so decree and in its decree shall make a finding on the record of the facts and conclusions of law upon which it exercises jurisdiction over the child.
(5) Upon entering its decree, the court shall consider any information relevant to the disposition of the child but in any event shall:
(a) Place the child under the protective supervision of the department for an indeterminate period not to exceed the child’s eighteenth birthday; or
(b) Vest legal custody in the department or other authorized agency subject to residual parental rights and subject to full judicial review by the court and, when contested by any party, judicial approval of all matters relating to the custody of the child by the department or other authorized agency. If the department has placed the child in a qualified residential treatment program, the court shall approve or disapprove the placement within sixty (60) days of placement in accordance with section 16-1619A, Idaho Code.
(6) If the court vests legal custody in the department or other authorized agency, the court shall make detailed written findings based on facts in the record that, in addition to the findings required in subsection (4) of this section, continuation of residence in the home would be contrary to the welfare of the child and that vesting legal custody with the department or other authorized agency would be in the best interests of the child. In addition, the court shall make detailed written findings based on facts in the record as to whether the department made reasonable efforts to prevent the placement of the child in foster care, including findings, when appropriate, that:
(a) Reasonable efforts were made but were not successful in eliminating the need for foster care placement of the child;
(b) The department made reasonable efforts to prevent removal but was not able to safely provide preventive services;
(c) Reasonable efforts to temporarily place the child with related persons were made but were not successful; or
(d) Reasonable efforts to reunify the child with one (1) or both parents were not required because aggravated circumstances were present. If aggravated circumstances are found, a permanency hearing for the child shall be held within thirty (30) days of the determination of aggravated circumstances.
(7)(a) The court shall also inquire regarding:
(i) Whether there is reason to believe that the child is an Indian child;
(ii) The efforts that have been made since the last hearing to determine whether the child is an Indian child; and
(iii) The department’s efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership.
(b) In addition, if the court vests legal custody of the child in the department or other authorized agency, the court shall inquire as to:
(i) If the child is of school age, the department’s efforts to keep the child in the school at which the child is currently enrolled; and
(ii) If a sibling group was removed from the home, the department’s efforts to place the siblings together, or if the department has not placed or will not be placing the siblings together, about a plan to ensure frequent visitation or ongoing interaction among the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.
(c) If the court vests legal custody of the child in the department or other authorized agency and the child is being treated with psychotropic medication, these additional requirements shall apply:
(i) The department shall report to the court the medications and dosages prescribed for the child and the medical professional who prescribed the medication; and
(ii) The court shall inquire about and may make any additional inquiry relevant to the use of psychotropic medications.
(8) A decree vesting legal custody in the department shall be binding upon the department and may continue until the child’s eighteenth birthday.
(9) A decree vesting legal custody in an authorized agency other than the department shall be for a period of time not to exceed the child’s eighteenth birthday and on such other terms as the court shall state in its decree to be in the best interests of the child and which the court finds to be acceptable to such authorized agency.
(10) If the court does not find that the child comes within the jurisdiction of this chapter pursuant to subsection (4) of this section, it shall dismiss the petition.
(11) Where legal custody of a child is vested in the department, any party or counsel for a child may, at or after the disposition phase of an adjudicatory hearing, file and serve a written motion to contest matters relating to the placement of the child by the department. The hearing must be held no later than thirty (30) days from the date the motion was filed. If the court approves the placement, the court shall enter an order denying the motion. If the court does not approve the placement, the court shall enter an order directing the department to identify and implement an alternative placement in accordance with applicable law. The court shall consider everything necessary or proper in the best interests of the children. The court shall consider all relevant factors, which may include:
(a) The wishes of the child regarding the child’s custodian;
(b) The wishes of the child’s parent or parents regarding the child’s custody, if appropriate;
(c) The interaction and interrelationship of the child with his parent or parents or foster parent or foster parents, and the child’s siblings;
(d) The child’s adjustment to his home, school and community;
(e) The character and circumstances of all individuals involved;
(f) The need to promote continuity and stability in the life of the child; and
(g) A history of domestic violence as defined in section 39-6303, Idaho Code, whether or not in the presence of the child, or a conviction for lewd and lascivious conduct or felony injury to a child.
[(16-1619) 16-1608, added 1976, ch. 204, sec. 2, p. 738; am. 1982, ch. 186, sec. 8, p. 496; am. 1988, ch. 280, sec. 1, p. 911; am. 1989, ch. 377, sec. 1, p. 946; am. 2001, ch. 107, sec. 8, p. 358; am. 2003, ch. 279, sec. 4, p. 752; am. and redesig. 2005, ch. 391, sec. 21, p. 1281; am. 2007, ch. 223, sec. 3, p. 671; am. 2010, ch. 216, sec. 1, p. 483; am. 2013, ch. 287, sec. 3, p. 746; am. 2016, ch. 265, sec. 3, p. 705; am. 2016, ch. 347, sec. 2, p. 1001; am. 2018, ch. 287, sec. 3, p. 677; am. 2021, ch. 281, sec. 3, p. 841; am. 2025, ch. 165, sec. 5, p. 795.]
(1) Where legal custody of a child is vested in the department, and the department places the child in a qualified residential treatment program, the department shall file a notice of the placement with the court within seven (7) days of the placement. The notice shall identify the placement and the date of the placement.
(2) Within thirty (30) days of the date of placement, a qualified individual shall conduct a placement assessment and prepare a written assessment report. The qualified individual shall:
(a) Assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool;
(b) Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, the specialized setting that will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as set forth in the case plan or permanency plan currently in effect;
(c) Develop a list of child-specific short-term and long-term mental and behavioral health goals;
(d) Work in conjunction with the family of, and the permanency team for, the child while conducting the assessment; and
(e) Prepare an assessment specifying:
(i) Why the needs of the child cannot be met by the family of the child or in a foster home; and
(ii) Why the recommended placement in a qualified residential treatment program is the setting that will provide the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as set forth in the case plan or the permanency plan currently in effect.
(3) The department shall prepare a written case plan for the child or amend the case plan if it has been previously ordered by the court and shall include the assessment report of the qualified individual.
(4) Within sixty (60) days of the start of each placement in a qualified residential treatment program, the court shall:
(a) Consider the assessment, determination, and documentation made by the qualified individual;
(b) Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and
(c) Approve or disapprove the placement.
(5) The assessment by the qualified individual and the court’s determination to approve or disapprove the placement in a qualified residential treatment program shall be made part of the case plan for the child. If the court approves the placement in a qualified residential treatment program, the court shall order the amended case plan for the child.
[16-1619A, added 2021, ch. 281, sec. 4, p. 843.]
(1) Where legal custody of a child is vested in the department and the department places the child in a short-term rental, temporary shelter care, or congregate care setting, the department shall file a notice of such placement with the court within seven (7) days of the placement. The notice shall identify the type of placement and the date of the placement.
(2) No child twelve (12) years of age or younger shall be placed in a short-term rental, temporary shelter care, or congregate care setting unless the director of the department has granted express written approval of such placement. Written approval may be given by the director only when:
(a) The child is three (3) years of age or older; the child is a part of a sibling group placed in the same short-term rental, temporary shelter care, or congregate care setting; and at least one (1) of the members of the sibling group is thirteen (13) years of age or older;
(b) The child is six (6) years of age or older and has been taken into shelter care through the emergency removal process pursuant to section 16-1608, Idaho Code; or
(c) The child’s teenage mother is placed in the same short-term rental, temporary shelter, or congregate care setting.
(3) Children who do not meet the eligibility requirements set forth in section 16-1619A, Idaho Code, shall not be placed in a qualified residential treatment program or a short-term rental, temporary shelter care, or congregate care setting for more than two (2) weeks, except for documented emergency circumstances.
(4) The director of the department shall undertake a comprehensive review of the placement of each child who is in the legal custody of the department, which shall be conducted on the following schedule:
(a) For any child placed in a short-term rental or other facility that is not licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed fourteen (14) days after placement and every fourteen (14) days thereafter; and
(b) For any child placed in a facility that is licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed ninety (90) days after placement and every ninety (90) days thereafter. For the purposes of this subsection, licensed facilities include but are not limited to qualified residential treatment programs and licensed children’s institutions as defined by section 39-1202, Idaho Code.
(5) Each review pursuant to subsection (4) of this section shall include an assessment of the following:
(a) The safety of the child in the facility;
(b) The child’s treatment needs and the facility’s capacity to treat those needs;
(c) The child’s treatment plan and the child’s progress on that treatment plan;
(d) The child’s discharge plan and progress made toward discharge planning; and
(e) Whether a less restrictive placement could be safely made.
(6) Where a review pursuant to subsection (4) of this section shows that a placement is appropriate, the director shall approve that placement. If such review shows that the placement is not appropriate, the director shall take steps to end that placement within fourteen (14) days.
(7) The provisions of subsections (4), (5), and (6) of this section shall not apply to a child placed in:
(a) A foster home or relative foster home;
(b) The home of a parent, guardian, or custodian; or
(c) A correctional facility, as that term is defined in section 18-101A, Idaho Code.
[16-1619B, added 2024, ch. 153, sec. 1, p. 600; am. 2025, ch. 125, sec. 1, p. 656.]
(1) After a judicial determination that reasonable efforts to return the child to his home are not required because aggravated circumstances were found to be present, the court shall hold a permanency hearing within thirty (30) days after the finding and every twelve (12) months thereafter for as long as the court has jurisdiction. The department shall prepare a permanency plan and file the permanency plan with the court at least five (5) days prior to the permanency hearing. If the permanency plan has a goal of termination of parental rights and adoption, the department shall file the petition to terminate as required in section 16-1624(2), Idaho Code. Copies of the permanency plan shall be delivered to the parents and other legal guardians, prosecuting attorney or deputy attorney general, the guardian ad litem and attorney for the child.
(2) The permanency plan shall have a permanency goal of termination of parental rights and adoption, guardianship or, for youth age sixteen (16) years and older only, another planned permanent living arrangement and shall set forth the reasonable efforts necessary to finalize the permanency goal.
(3) The permanency plan shall also:
(a) Identify the services to be provided to the child, including services to identify and meet any educational, emotional, physical or developmental needs the child may have, to assist the child in adjusting to the placement or to ensure the stability of the placement;
(b) Address all options for permanent placement of the child, including consideration of options for in-state and out-of-state placement of the child;
(c) Address the advantages and disadvantages of each option and include a recommendation as to which option is in the child’s best interests;
(d) Specifically identify the actions necessary to implement the recommended option;
(e) Specifically set forth a schedule for accomplishing the actions necessary to implement the permanency goal;
(f) Address the options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child, and organizations or community activities with which the child has a significant connection. This shall also include the efforts made to ensure educational stability for the child, the efforts to keep the child in the school in which the child is enrolled at the time of placement or the reasons why remaining in that school is not in the best interests of the child;
(g) Document that siblings were placed together or, if siblings were not placed together, document the efforts made to place siblings together, the reasons why siblings were not placed together, and a plan for ensuring frequent visitation or ongoing interaction between the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings;
(h) For youth age fourteen (14) years and older:
(i) Identify the services needed to assist the youth to make the transition from foster care to successful adulthood; and
(ii) Document the youth’s rights in regard to education, health, visitation, court participation and receipt of an annual credit report, including a signed acknowledgment by the department that the youth was provided with a written copy of these rights and that the rights were explained to the youth in an age-appropriate or developmentally appropriate manner;
(i) For youth age sixteen (16) years and older with a proposed permanency goal of another planned permanent living arrangement, document:
(i) The intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to place the youth with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
(ii) Why another planned permanent living arrangement is the best permanency plan for the youth and compelling reasons why, as of the date of the permanency hearing, it would not be in the best interests of the youth to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
(iii) The steps that the department has taken to ensure that the youth’s foster parents or child care institution are following the reasonable and prudent parent standard when determining whether to allow the youth in their care to participate in extracurricular, enrichment, cultural and social activities; and
(iv) The opportunities provided to the youth to engage in age-appropriate or developmentally appropriate activities;
(j) If there is reason to believe the child is an Indian child and there has been no final determination as to the child’s status as an Indian child, document:
(i) The efforts made to determine whether the child is an Indian child; and
(ii) The department’s efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership; and
(k) Identify the prospective adoptive parents, if known; if the prospective adoptive parents are not known, the department shall amend the plan to name the proposed adoptive parents as soon as such persons become known.
(4) The court shall hold a permanency hearing to determine whether the best interests of the child are served by adopting, rejecting or modifying the permanency plan proposed by the department. At each permanency hearing:
(a) For youth age twelve (12) years and older, unless good cause is shown, the court shall ask the youth about his desired permanency outcome and consult with the youth about his current permanency plan;
(b) If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child, the court shall:
(i) Inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and
(ii) Determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership;
(c) If the child is being treated with psychotropic medication, these additional requirements shall apply:
(i) The department shall report to the court the medication and dosage prescribed for the child and the medical professional who prescribed the medication; and
(ii) The court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication; and
(d) If a child is in the legal custody of the department and the court has approved placement of the child in a qualified residential treatment program, then at each hearing pursuant to this section and each hearing held pursuant to section 16-1622, Idaho Code, the department shall document:
(i) That ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child that is in the least restrictive environment, and that the placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child;
(ii) The specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(iii) The efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, with a legal guardian, with an adoptive parent, or in a foster family home.
(5) Notice of the permanency hearing shall be provided to the parents and other legal guardians, prosecuting attorney or deputy attorney general, guardian ad litem, attorney for the child, the department and foster parents; provided however, that foster parents are not thereby made parties to the child protective act action.
(6) The permanency plan as approved by the court shall be entered into the record as an order of the court. The order may include interim and final deadlines for implementing the permanency plan and finalizing the permanency goal.
(7) For youth with a proposed or current permanency goal of another planned permanent living arrangement, at each permanency hearing the court shall make written, case-specific findings that as of the date of the permanency hearing another planned permanent living arrangement is the best permanency plan for the youth and that there are compelling reasons why it is not in the youth’s best interests to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling.
(8) The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a petition or other motion is filed in a child protection proceeding seeking a determination of the court that aggravated circumstances were present.
[16-1620, added 2005, ch. 391, sec. 22, p. 1282; am. 2013, ch. 287, sec. 4, p. 747; am. 2016, ch. 265, sec. 4, p. 707; am. 2016, ch. 347, sec. 3, p. 1002; am. 2017, ch. 58, sec. 4, p. 99; am. 2021, ch. 281, sec. 5, p. 844.]
(1) In every case in which the child is determined to be within the jurisdiction of the court and there is no judicial determination that aggravated circumstances were present, the department shall prepare a written case plan, including cases in which the parent(s) is incarcerated. The court shall schedule a case plan hearing to be held within thirty (30) days after the adjudicatory hearing. The case plan shall be filed with the court no later than five (5) days prior to the case plan hearing. Copies of the case plan shall be delivered to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, the guardian ad litem and attorney for the child.
(a) The court shall hold a case plan hearing to determine whether the best interests of the child are served by adopting, rejecting or modifying the case plan proposed by the department.
(b) If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child, the court shall:
(i) Inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and
(ii) Determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership.
(c) If the child is being treated with psychotropic medication, the court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication.
(2) Notice of the case plan hearing shall be provided to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, guardian ad litem, attorney for the child, the department, and foster parents. Although foster parents are provided notice of this hearing, they are not parties to the child protective act action.
(3) If the child is placed in the legal custody of the department, the case plan filed by the department shall set forth reasonable efforts that will be made to make it possible for the child to return home. The case plan shall also:
(a) Identify the services to be provided to the child, including services to identify and meet any educational, emotional, physical or developmental needs the child may have, and to assist the child in adjusting to the placement or to ensure the stability of the placement. For youth age fourteen (14) years and older:
(i) Identify the services needed to assist the youth in making the transition to successful adulthood; and
(ii) Document the youth’s rights in regard to education and health, visitation, court participation and receipt of an annual credit report, including a signed acknowledgment by the department that the youth was provided with a written copy of these rights and that the rights were explained to the youth in an age-appropriate or developmentally appropriate manner;
(b) Address the options for maintaining the child’s connection to the community:
(i) Include connections to individuals with a significant relationship to the child and organizations or community activities with which the child has a significant connection;
(ii) Ensure educational stability for the child, including the efforts to keep the child in the school in which the child is enrolled at the time of placement or the reasons why remaining in that school is not in the best interests of the child;
(iii) Include a visitation plan and identify the need for supervision of visitation and child support;
(iv) Either document that siblings were placed together or, if siblings were not placed together, document the efforts made to place the siblings together, the reasons why siblings were not placed together and a plan for ensuring frequent visitation or other ongoing interaction among siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings; and
(v) If there is reason to believe the child is an Indian child and there has been no final determination as to the child’s status as an Indian child, document:
The efforts made to determine whether the child is an Indian child; and
The department’s efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership;
(c) Include a goal of reunification and a plan for achieving that goal. The reunification plan shall identify all issues that need to be addressed before the child can safely be returned home without department supervision. The court may specifically identify issues to be addressed by the plan. The reunification plan shall specifically identify the tasks to be completed by the department, each parent or others to address each issue, including services to be made available by the department to the parents and in which the parents are required to participate, and deadlines for completion of each task. The case plan shall state with specificity the role of the department toward each parent. When appropriate, the reunification plan should identify terms for visitation, supervision of visitation and child support;
(d) Include a concurrent permanency goal and a plan for achieving that goal. The concurrent permanency goal may be one (1) of the following: termination of parental rights and adoption, guardianship or, for youth age sixteen (16) years or older only, another planned permanent living arrangement. The concurrent plan shall:
(i) Address all options for permanent placement of the child, including consideration of options for in-state and out-of-state placement of the child;
(ii) Address the advantages and disadvantages of each option and include a recommendation as to which option is in the child’s best interests;
(iii) Specifically identify the actions necessary to implement the recommended option;
(iv) Specifically set forth a schedule for accomplishing the actions necessary to implement the concurrent permanency goal;
(v) Address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child and organizations or community activities with which the child has a significant connection;
(vi) Identify the names of the proposed adoptive parents when known if the permanency goal is termination of parental rights and adoption;
(vii) In the case of a child who has attained the age of fourteen (14) years, include the services needed to assist the child to make the transition from foster care to successful adulthood;
(viii) For youth with a proposed permanency goal of another permanent planned living arrangement, document:
The intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made to place the youth with a parent in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
Why another planned permanent living arrangement is the best permanency goal for the youth and a compelling reason why, as of the date of the case plan hearing, it would not be in the best interests of the child to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
The steps taken by the department to ensure that the youth’s foster parents or child care institution are following the reasonable and prudent parent standard when making decisions about whether the youth can engage in extracurricular, enrichment, cultural and social activities; and
The opportunities provided to the youth to regularly engage in age-appropriate or developmentally appropriate activities; and
(ix) Identify further investigation necessary to identify or assess other options for permanent placement, to identify actions necessary to implement the recommended placement or to identify options for maintaining the child’s significant connections.
(4) If the child has been placed under protective supervision of the department, the case plan filed by the department shall:
(a) Identify the services to be provided to the child, including services to identify and meet any educational, emotional, physical or developmental needs the child may have, and to assist the child in adjusting to the placement or to ensure the stability of the placement. For youth age fourteen (14) years and older, identify the services needed to assist the youth in making the transition to successful adulthood and document the youth’s rights in regard to education and health, visitation, court participation and receipt of an annual credit report, including a signed acknowledgment by the department that the youth was provided with a written copy of the youth’s rights and that the rights were explained to the youth in an age-appropriate or developmentally appropriate manner. The plan shall also address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child and organizations or community activities with which the child has a significant connection;
(b) Identify all issues that need to be addressed to allow the child to remain at home without department supervision. The court may specifically identify issues to be addressed by the plan. The case plan shall specifically identify the tasks to be completed by the department, the parents or others to address each issue, including services to be made available by the department to the parents and in which the parents are required to participate, and deadlines for completion of each task. The plan shall state with specificity the role of the department toward each parent.
(5) If the child is placed in a qualified residential treatment program, then the case plan shall include the assessment report of the qualified individual.
(6) The case plan, as approved by the court, shall be entered into the record as an order of the court. The order may include interim and final deadlines for implementing the case plan and finalizing the permanency goal. The court’s order shall provide that reasonable efforts shall be made to reunify the family in a timely manner in accordance with the case plan. Unless the child has been placed under the protective supervision of the department, the court’s order shall also require the department to simultaneously take steps to accomplish the goal of reunification and the concurrent permanency goal.
[(16-1621) 16-1610, added 1976, ch. 204, sec. 2, p. 738; am. 1982, ch. 186, sec. 10, p. 497; am. 1986, ch. 121, sec. 2, p. 320; am. 1989, ch. 218, sec. 2, p. 527; am. 1989, ch. 302, sec. 3, p. 755; am. 1991, ch. 212, sec. 4, p. 503; am. 1996, ch. 272, sec. 8, p. 891; am. 1998, ch. 257, sec. 3, p. 852; am. 1998, ch. 385, sec. 1, p. 1186; am. 2001, ch. 107, sec. 11, p. 361; am. 2003, ch. 279, sec. 6, p. 755; am. and redesig. 2005, ch. 391, sec. 23, p. 1283; am. 2013, ch. 287, sec. 5, p. 748; am. 2016, ch. 265, sec. 5, p. 709; am. 2016, ch. 347, sec. 4, p. 1004; am. 2017, ch. 58, sec. 5, p. 101; am. 2021, ch. 281, sec. 6, p. 847.]
(1) Review hearing.
(a) A hearing for review of the child’s case and permanency plan shall be held no later than six (6) months after entry of the court’s order taking jurisdiction under this act and every two (2) months thereafter. The department and the guardian ad litem shall file reports to the court no later than five (5) days prior to the hearing. The purpose of the review hearing is:
(i) To determine:
The safety of the child;
The continuing necessity for and appropriateness of the placement;
The extent of compliance with the case plan; and
The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care;
(ii) To determine or continue to investigate whether the child is an Indian child. If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child:
The department shall document and the court shall inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and
The department shall document and the court shall determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership;
(iii) To inquire regarding the child’s educational stability. The department shall document and the court shall inquire as to the efforts made to ensure educational stability for the child, including the efforts made to keep the child in the school in which the child is enrolled at the time of placement or the reason that remaining in the school is not in the child’s best interests;
(iv) To inquire regarding sibling placement. The department shall document and the court shall inquire whether siblings were placed together or, if siblings were not placed together, the efforts made to place siblings together, the reasons why siblings were not placed together, and a plan for ensuring frequent visitation or ongoing interaction between the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings;
(v) To inquire regarding permanency. The court shall ask each youth age twelve (12) years and older about his desired permanency outcome and discuss with the youth his current permanency plan. For a youth age fourteen (14) years and older, the hearing shall include a review of the services needed to assist the youth to make the transition from foster care to successful adulthood;
(vi) To document efforts related to the reasonable and prudent parent standard. For a youth whose permanency goal is another planned permanent living arrangement, the department shall document:
That the youth’s foster parents or child care institution is following the reasonable and prudent parent standard when deciding whether the child may participate in extracurricular, enrichment, cultural and social activities; and
The regular, ongoing opportunities to engage in age- or developmentally appropriate activities that have been provided to the youth;
(vii) To document efforts made to find a permanent placement other than another planned permanent living arrangement. For a youth whose permanency goal is another planned permanent living arrangement, the department shall document:
The intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to place the youth with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling; and
Why another planned permanent living arrangement is the best permanency plan for the youth and a compelling reason why, as of the date of the review hearing, it would not be in the best interest of the child to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
(viii) To make findings regarding a permanency goal of another planned permanent living arrangement. For youth whose permanency goal is another planned permanent living arrangement, the court shall make written, case-specific findings, as of the date of the hearing, that:
Another planned permanent living arrangement is the best permanency goal for the youth; and
There are compelling reasons why it is not in the best interest of the youth to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;
(ix) To document and inquire regarding psychotropic medication. At each review hearing, if the child is being treated with psychotropic medication, these additional requirements shall apply:
The department shall report to the court the medication and dosage prescribed for the child and the medical professional who prescribed the medication; and
The court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication; and
(x) To project, when reasonable, a likely date by which the child may be safely returned to and maintained in the home or placed in another permanent placement.
(b) A status hearing is a review hearing that does not address all or most of the purposes identified in paragraph (a) of this subsection and may be held at the discretion of the court. Neither the department nor the guardian ad litem is required to file a report with the court prior to a status hearing, unless ordered otherwise by the court.
(c) A motion for revocation or modification of an order issued under section 16-1619, Idaho Code, may be filed by the department or any party; provided that no motion may be filed by the respondents under this section within three (3) months of a prior hearing on care and placement of the child. Notice of a motion for review of a child’s case shall be provided to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, the guardian ad litem, the attorney for the child, the department and foster parents.
(d) If the motion filed under paragraph (c) of this subsection alleges that the child’s best interests are no longer served by carrying out the order issued under section 16-1619, Idaho Code, or that the department or other authorized agency has failed to provide adequate care for the child, the court shall hold a hearing on the motion.
(e) The department or authorized agency may move the court at any time to vacate any order placing a child in its custody or under its protective supervision.
(2) Permanency plan and hearing.
(a) The permanency plan shall include a permanency goal. The permanency goal may be one (1) of the following: continued efforts at reunification, in the absence of a judicial determination of aggravated circumstances; or termination of parental rights and adoption, guardianship or, for youth age sixteen (16) years and older only, another planned permanent living arrangement. Every permanency plan shall include the information set forth in section 16-1621(3)(a) and (b), Idaho Code. If the permanency plan has reunification as a permanency goal, the plan shall include information set forth in section 16-1621(3)(c), Idaho Code; however, if the circumstances that caused the child to be placed into protective custody resulted in a conviction for lewd and lascivious conduct or felony injury to a child, if the child has been in protective custody for more than six (6) months, or if a high risk of repeat maltreatment or reentry into foster care exists due to a parent’s recent completion of substance abuse treatment or other compelling circumstances, then the permanency plan shall include a period of protective supervision or trial home visit period of no less than ninety (90) days prior to the court vacating the case. During the protective supervision or trial home visit period, the department shall make regular home visits. During the protective supervision or trial home visit period, the court shall hold one (1) or more review hearings for each permanency plan where a period of protective supervision or a trial home visit has been imposed and may require participation in supportive services, including community home visiting and peer-to-peer mentoring. Families reunified following a period of protective supervision or a trial home visit should be encouraged by the department or the court to continue to participate in supportive services when beneficial and appropriate. If the permanency plan has a permanency goal other than reunification, the plan shall include the information set forth in section 16-1621(3)(d), Idaho Code, and if the permanency goal is termination of parental rights and adoption, then in addition to the information set forth in section 16-1620(3), Idaho Code, the permanency plan shall also name the proposed adoptive parents when known. If the adoptive parents are not known at the time the permanency plan is prepared, then the department shall amend the plan to name the proposed adoptive parents as soon as such person or persons become known. The court may approve a permanency plan that includes a primary goal and a concurrent goal. As used in this paragraph, "trial home visit" means that a child is returned to the care of the parent or guardian from whom the child was removed with the department continuing to have legal custody of the child.
(b) A permanency hearing shall be held no later than twelve (12) months from the date the child is removed from the home or the date of the court’s order taking jurisdiction under this chapter, whichever occurs first, and at least every twelve (12) months thereafter, as long as the court has jurisdiction over the child. The court shall approve, reject or modify the permanency plan of the department and review progress in accomplishing the permanency goal. The permanency plan, as approved by the court, shall be entered into the record as an order of the court. A permanency hearing may be held at any time and may be combined with the review hearing required under subsection (1) of this section.
(c) The court shall make written, case-specific findings whether the department made reasonable efforts to finalize the primary permanency goal in effect for the child. Lack of reasonable efforts to reunify may be a basis for an order approving a permanency plan with a permanency goal of reunification.
(d) Where the permanency goal is not reunification, the hearing shall include a review of the department’s consideration of options for in-state and out-of-state placement of the child. In the case of a child in an out-of-state placement, the court shall determine whether the out-of-state placement continues to be appropriate and in the best interest of the child.
(e) The court shall ask each youth age twelve (12) years and older about his desired permanency outcome and discuss with the youth his current permanency plan. In the case of a child who has attained the age of fourteen (14) years and older, the hearing shall include a determination of the services needed to assist the youth to make the transition from foster care to successful adulthood.
(f) The court may approve a primary permanency goal of another planned permanent living arrangement only for youth age sixteen (16) years or older and only upon written, case-specific findings that, as of the date of the hearing:
(i) Another planned permanent living arrangement is the best permanency goal for the youth; and
(ii) There are compelling reasons why it is not in the best interest of the youth to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling.
(g) If the child has been in the temporary or legal custody of the department for twelve (12) of the most recent twenty-two (22) months, the department shall file, prior to the last day of the twelfth month, a petition to terminate parental rights, unless the court finds that:
(i) The child is placed permanently with a relative;
(ii) There are compelling reasons why termination of parental rights is not in the best interests of the child; or
(iii) The department has failed to provide reasonable efforts to reunify the child with his family.
(h) The department shall document and the court shall inquire:
(i) As to the efforts made to ensure educational stability for the child, including the efforts made to keep the child in the school in which the child is enrolled at the time of placement or that remaining in the school is not in the child’s best interests; and
(ii) That siblings were placed together or, if siblings were not placed together, the efforts made to place siblings together, the reasons why siblings were not placed together or why a joint placement would be contrary to the safety or well-being of one (1) or more of the siblings and a plan for ensuring frequent visitation or ongoing interaction among siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.
(i) If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child, the department shall document and the court shall:
(i) Inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and
(ii) Determine that the department has made active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership.
(j) At each permanency hearing, if the child is being treated with psychotropic medication, these additional requirements shall apply:
(i) The department shall report to the court the medication and dosage prescribed for the child and the medical professional who prescribed the medication; and
(ii) The court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication.
(k) The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a permanency plan is approved by the court and the permanency plan does not include a permanency goal of reunification.
(3) If a youth is in the legal custody of the department or other authorized agency and is within ninety (90) days of his eighteenth birthday, the department shall file a report with the court that includes the department’s transition plan for the youth. The court shall have a review or permanency hearing at which the court shall:
(a) Discuss with the youth his or her transition plan; and
(b) Review the transition plan with the youth for purposes of ensuring that the plan provides the services necessary to allow the youth to transition to a successful adulthood.
(4) If a child is in the legal custody of the department and the court has approved placement of the child in a qualified residential treatment program, then at each review hearing pursuant to subsection (1)(a) of this section and at each permanency hearing pursuant to subsection (2)(b) of this section the department shall document:
(a) That ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child that is in the least restrictive environment, and that the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child;
(b) The specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
(c) The efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent or in a foster family home.
(5) Notwithstanding any provision of law to the contrary, the court may order extended foster care for a person between the ages of eighteen (18) and twenty-three (23) years to help such person achieve a successful transition to adulthood, provided such person must have been in the custody of the department until his eighteenth birthday and must meet the criteria set forth in 42 U.S.C. 675(8)(B)(iv). The extension shall be for a fixed period of time and shall not extend past the person’s twenty-third birthday. The court shall hold review hearings at least once every six (6) months after an order for extended foster care has been entered. The two (2) month review hearing timeline requirement pursuant to subsection (1) of this section shall not apply to extended foster care orders.
[(16-1622) 16-1611, added 1976, ch. 204, sec. 2, p. 739; am. 1982, ch. 186, sec. 11, p. 498; am. 1991, ch. 212, sec. 5, p. 505; am. 1996, ch. 272, sec. 9, p. 892; am. 2001, ch. 107, sec. 12, p. 364; am. and redesig. 2005, ch. 391, sec. 24, p. 1283; am. 2007, ch. 223, sec. 4, p. 672; am. 2013, ch. 287, sec. 6, p. 750; am. 2014, ch. 23, sec. 1, p. 29; am. 2016, ch. 265, sec. 6, p. 712; am. 2016, ch. 347, sec. 5, p. 1005; am. 2018, ch. 287, sec. 4, p. 679; am. 2021, ch. 281, sec. 7, p. 850; am. 2025, ch. 130, sec. 1, p. 672; am. 2025, ch. 142, sec. 1, p. 716; am. 2026, ch. 198, sec. 1, p. 860.]
(1) Where the child has been placed under the protective supervision of the department pursuant to section 16-1619, Idaho Code, the child may be removed from his or her home under the following circumstances:
(a) A peace officer may remove the child where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child; or
(b) The court has ordered, based upon facts presented to the court, that the child should be removed from his or her present conditions or surroundings because continuation in such conditions or surroundings would be contrary to the welfare of the child and vesting legal custody in the department or other authorized agency would be in the child’s best interests.
(2) Upon removal, the child shall be taken to a place of shelter care.
(3) When a child under protective supervision is removed from his home pursuant to subsection (1)(a) or (b) of this section without a hearing, a redisposition hearing shall be held within forty-eight (48) hours of the child’s removal from the home, except for Saturdays, Sundays and holidays. At the hearing, the court shall determine whether to vest legal custody in the department or other authorized agency pursuant to section 16-1619(5)(b), Idaho Code. When a child under protective supervision is removed from his home pursuant to subsection (1)(b) of this section and the facts supporting the removal are presented to the court at a hearing, the hearing at which the court orders the child’s removal is the redisposition hearing.
(4) In determining whether to vest legal custody in the department or other authorized agency, the court shall consider any information relevant to the redisposition of the child, and in any event shall make detailed written findings based upon facts in the record as required by section 16-1619(6), Idaho Code.
(5) An order vesting legal custody with the department or other authorized agency under this section shall be treated for all purposes as if such an order had been part of the court’s original decree under section 16-1619, Idaho Code. The court may order the department to prepare a written case plan. The court may hold a case plan hearing. The case plan hearing shall be held within thirty (30) days of the redisposition hearing pursuant to section 16-1621, Idaho Code.
(6) Each of the parents or legal guardians from whom the child was removed shall be given notice of the redisposition hearing in the same time and manner as required for notice of a shelter care hearing under section 16-1615(2) and (3), Idaho Code.
(7) The redisposition hearing may be continued for a reasonable time upon the request of the parties.
[16-1623, added 2005, ch. 391, sec. 25, p. 1284; am. 2013, ch. 287, sec. 7, p. 752; am. 2016, ch. 265, sec. 7, p. 716.]
(1) If the child has been placed in the legal custody of the department or under its protective supervision pursuant to section 16-1619, Idaho Code, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16, Idaho Code. A petition to terminate parental rights shall be filed in the child protective act case.
(2) A petition to terminate parental rights shall be filed within thirty (30) days of an order approving a permanency plan with a permanency goal of termination of parental rights and adoption.
(3) Unless there are compelling reasons it would not be in the best interest of the child, the department shall be required to file a petition to terminate parental rights within thirty (30) days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because aggravated circumstances were present.
(4) The department shall join as a party to the petition if such a petition to terminate is filed by another party; as well as to concurrently identify, recruit, process and approve a qualified family for adoption unless it is determined that such actions would not be in the best interest of the child, or the child is placed with a fit and willing relative.
(5) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.
(6) The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a petition to terminate parental rights has been filed with regard to the child.
[(16-1624) 16-1615, added 1976, ch. 204, sec. 2, p. 741; am. 1982, ch. 186, sec. 15, p. 500; am. 1989, ch. 218, sec. 3, p. 528; am. 1998, ch. 257, sec. 4, p. 854; am. 2000, ch. 233, sec. 1, p. 653; am. 2001, ch. 107, sec. 16, p. 367; am. 2003, ch. 279, sec. 7, p. 755; am. and redesig. 2005, ch. 391, sec. 26, p. 1285; am. 2010, ch. 147, sec. 2, p. 316; am. 2013, ch. 287, sec. 8, p. 753.]
(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.
[(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.]
The court shall keep a record of all court proceedings under this chapter. The records shall be available only to parties to the proceeding, persons having full or partial custody of the subject child and authorized agencies providing protective supervision or having legal custody of the child. Any other person may have access to the records only upon permission by the court and then only if it is shown that such access is in the best interests of the child; or for the purpose of legitimate research. If the records are released for research purposes, the person receiving them must agree not to disclose any information which could lead to the identification of the child.
[(16-1626) 16-1621, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 20, p. 502; am. 1996, ch. 272, sec. 13, p. 895; am. and redesig. 2005, ch. 391, sec. 28, p. 1286.]
(1) At any time whether or not a child is under the authority of the court, the court may authorize medical or surgical care for a child when:
(a) A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case; or
(b) A physician informs the court orally or in writing that in his professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent.
(2) If time allows in a situation under subsection (1)(b) of this section, the court shall cause every effort to be made to grant each of the parents or legal guardian or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child’s life.
(3) In making its order under subsection (1) of this section, the court shall take into consideration any treatment being given the child by prayer through spiritual means alone, if the child or his parent, guardian or legal custodian are adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical treatment.
(4) After entering any authorization under subsection (1) of this section, the court shall reduce the circumstances, finding and authorization to writing and enter it in the records of the court and shall cause a copy of the authorization to be given to the physician or hospital, or both, that was involved.
(5) Oral authorization by the court is sufficient for care or treatment to be given by and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under the direction of such physician or hospital shall be subject to criminal or civil liability for performance of care or treatment in reliance on the court’s authorization, and any function performed thereunder shall be regarded as if it were performed with the child’s and the parent’s authorization.
[(16-1627) 16-1616, added 1976, ch. 204, sec. 2, p. 742; am. 1996, ch. 272, sec. 12, p. 894; am. and redesig. 2005, ch. 391, sec. 29, p. 1287.]
(1) Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parent or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the child after an order of temporary custody, if any, or the decree is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment.
(2) All child support orders shall notify the obligor that the order will be enforced by income withholding pursuant to chapter 12, title 32, Idaho Code.
(3) Failure to include these provisions does not affect the validity of the support order or decree. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.
[(16-1628) 16-1622, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 21, p. 502; am. 1986, ch. 222, sec. 8, p. 608; am. 1990, ch. 361, sec. 4, p. 977; am. 1998, ch. 292, sec. 3, p. 930; am. and redesig. 2005, ch. 391, sec. 30, p. 1287; am. 2012, ch. 257, sec. 2, p. 709.]
The department, working in conjunction with the court and other public and private agencies and persons, shall have the primary responsibility to implement the purpose of this chapter. To this end, the department is empowered and shall have the duty to do all things reasonably necessary to carry out the purpose of this chapter, including, but not limited to, the following:
(1) The department shall administer treatment programs for the protection and care of neglected, abused and abandoned children, and in so doing may place in foster care, shelter care, or other diagnostic, treatment, or care centers or facilities children of whom it has been given custody. The department is to be governed by the standards found in chapter 12, title 39, Idaho Code.
(2) On December 1, the department shall make an annual statistical report to the governor covering the preceding fiscal year showing the number and status of persons in its custody and including such other data as will provide sufficient facts for sound planning in the conservation of children and youth. All officials and employees of the state and of every county and city shall furnish the department, upon request, such information within their knowledge and control as the department deems necessary. Local agencies shall report in such uniform format as may be required by the department.
(3) The department shall be required to maintain a central registry for the reporting of child neglect, abuse and abandonment information. Provided however, that the department shall not retain any information for this purpose relating to a child, or parent of a child, abandoned pursuant to chapter 82, title 39, Idaho Code.
(4) The department shall make periodic evaluation of all persons in its custody or under its protective supervision for the purpose of determining whether existing orders and dispositions in individual cases shall be modified or continued in force. Evaluations may be made as frequently as the department considers desirable and shall be made with respect to every person at intervals not exceeding six (6) months. Reports of evaluation made pursuant to this section shall be filed with the court that has jurisdiction. Reports of evaluation shall be provided to persons having full or partial legal or physical custody of a child. Failure of the department to evaluate a person or to reevaluate him within six (6) months of a previous examination shall not of itself entitle the person to a change in disposition but shall entitle him, his parent, guardian or custodian or his counsel to petition the court pursuant to section 16-1622, Idaho Code.
(5) In a consultive capacity, the department shall assist communities in the development of constructive programs for the protection, prevention and care of children and youth.
(6) The department shall keep written records of investigations, evaluations, prognoses and all orders concerning disposition or treatment of every person over whom it has legal custody or under its protective supervision. Department records shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless otherwise ordered by the court, the person consents to the disclosure, or disclosure is necessary for the delivery of services to the person. Notwithstanding the provisions restricting disclosure or the exemptions from disclosure provided in chapter 1, title 74, Idaho Code, all records pertaining to investigations, the rehabilitation of youth, the protection of children, evaluation, treatment and/or disposition records pertaining to the statutory responsibilities of the department shall be disclosed to any duly elected state official carrying out his official functions.
(7) The department shall establish appropriate administrative procedures for the processing of complaints of child neglect, abuse and abandonment received and for the implementation of the protection, treatment and care of children formally or informally placed in the custody of the department or under its protective supervision under this chapter including, but not limited to:
(a) Department employees whose job duties are related to the child protective services system under this chapter shall first be trained as to their obligations under this chapter regarding the protection of children whose health and safety may be endangered. The curriculum shall include information regarding their legal duties, how to conduct their work in conformity with the requirements of this chapter, information regarding applicable federal and state laws with regard to the rights of the child, parent and others who may be under investigation under the child protective services system, and the applicable legal and constitutional parameters within which they are to conduct their work.
(b) Department employees whose job duties are related to the child protective services system shall advise the individual of the complaints or allegations made against the individual at the time of the initial contact, consistent with protecting the identity of the referent.
(8) The department, having been granted legal custody of a child, shall have the right to determine where and with whom the child shall live, provided that the child shall not be placed outside the state without the court’s consent. The court shall retain jurisdiction over the child, which jurisdiction shall be entered on any order or petition granting legal custody to the department, and the court shall have jurisdiction over all matters relating to the child. The department shall not place the child in the home from which the court ordered the child removed without first obtaining the approval of the court. Notwithstanding the provisions of this subsection, all other determinations relating to where and with whom the child shall live shall be subject to judicial review by the court and, when contested by any party, judicial approval.
(9) The department shall give to the court any information concerning the child that the court may at any time require, but in any event shall report the progress of the child under its custody or under its protective supervision at intervals of not to exceed six (6) months. The department shall file with the court at least five (5) days prior to the permanency hearing either under section 16-1622, Idaho Code, or, in the case of a finding of aggravated circumstances, section 16-1620, Idaho Code, the permanency plan and recommendations of the department.
(10) The department shall establish appropriate administrative procedures for the conduct of administrative reviews and hearings as required by federal statute for all children committed to the department and placed in out-of-the-home care.
(11) At any time the department is considering a placement pursuant to this chapter, the department shall make a reasonable effort to place the child in the least restrictive environment to the child and in so doing shall consider, consistent with the best interest and special needs of the child, placement priority of the child in the following order:
(a) A fit and willing relative;
(b) A fit and willing nonrelative with a significant relationship with the child;
(c) Foster parents and other persons licensed in accordance with chapter 12, title 39, Idaho Code, with a significant relationship with the child;
(d) Foster parents and other persons licensed in accordance with chapter 12, title 39, Idaho Code.
(12) If the caseworker assigned to a foster care case recommends removing the child from a foster home in which the child has been placed for sixty (60) or more days, for placement in another foster home, then the case worker’s supervisor shall conduct a review of the foster care case and must approve such recommendation before a change in foster home placement occurs. The supervisor shall consider the best interests and special needs of the child, including:
(a) The clearly stated reasons for the recommended change in placement;
(b) The number of times the child’s placement has been changed since removal from the child’s home and the reasons for each change;
(c) Whether the child will change schools as a result of the change in placement; and
(d) Whether the change in placement will separate or reunite siblings or affect sibling visitation.
(13) If the supervisor determines that the recommended change in foster care placement is in the best interests of the child, then the department may change the placement of the child; provided that, the department shall give the foster parents and the court written notice of the planned change at least seven (7) days before the change in placement.
(14) If the caseworker determines that there is abuse or neglect or a substantial risk of abuse or neglect in the foster home, then the department may change the placement of the child without a supervisor’s review; provided that, the department shall give the foster parents and the court written notice of the unplanned change within seven (7) days after the change in placement.
(15) In its written notice of a planned or unplanned change required under this section, the department shall clearly state the reasons for the change in placement of the child.
[(16-1629) 16-1623, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 22, p. 502; am. 1989, ch. 218, sec. 4, p. 529; am. 1990, ch. 213, sec. 10, p. 495; am. 1991, ch. 212, sec. 6, p. 505; am. 1996, ch. 272, sec. 14, p. 895; am. 1996, ch. 361, sec. 1, p. 1217; am. 1998, ch. 257, sec. 5, p. 855; am. 1999, ch. 30, sec. 8, p. 50; am. 2000, ch. 233, sec. 2, p. 654; am. 2001, ch. 93, sec. 1, p. 233; am. 2001, ch. 107, sec. 19, p. 368; am. 2001, ch. 358, sec. 1, p. 1261; am. 2005, ch. 25, sec. 78, p. 114; am. 2005, ch. 332, sec. 1, p. 1041; am. and redesig. 2005, ch. 391, sec. 31, p. 1288; am. 2006, ch. 16, sec. 2, p. 45; am. 2007, ch. 223, sec. 5, p. 673; am. 2010, ch. 147, sec. 3, p. 317; am. 2013, ch. 287, sec. 10, p. 754; am. 2015, ch. 141, sec. 13, p. 387; am. 2016, ch. 347, sec. 6, p. 1007; am. 2018, ch. 287, sec. 5, p. 683.]
(1) Nothing in this chapter shall be construed as modifying duties of the department as described in sections 56-204A and 56-204B, Idaho Code.
(2) Nothing in this chapter shall be construed as assigning or imposing duties or responsibilities on the department by those provisions of this chapter relating to guardian ad litem.
[(16-1630) 16-1624, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 23, p. 503; am. 1989, ch. 281, sec. 3, p. 687; am. and redesig. 2005, ch. 391, sec. 32, p. 1290.]
(1) Upon receiving information that a child may be abused, neglected or abandoned, the department shall cause such investigation to be made in accordance with this chapter as is appropriate. In making the investigation the department shall use its own resources, and may enlist the cooperation of peace officers for phases of the investigation for which they are better equipped. Upon satisfying itself as to the course of action which should be pursued to best accord with the purpose of this chapter, the department shall:
(a) Resolve the matter in such informal fashion as is appropriate under the circumstances; or
(b) Seek to enter a voluntary agreement with all concerned persons to resolve the problem in such a manner that the child will remain in his own home; or
(c) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under this chapter; or
(d) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under other laws.
(2) In the event that the department concludes that a voluntary agreement pursuant to subsection (1)(b) of this section should be used, the agreement shall be in writing, shall state the behavioral basis of each parent and necessary third person, shall contain such other terms as the department and each parent having joint custody shall deem appropriate under the circumstances, shall utilize such resources as are available to the department from any source and are considered appropriate to the situation, shall specify the services or treatment to be undertaken, shall be signed by all persons, including:
(a) The child if appropriate;
(b) Every parent having joint custody of the subject child;
(c) Any other full or part-time resident of the home;
(d) All other persons the department considers necessary to the agreement’s success;
and shall specify the responsibilities of each party to the agreement, which responsibilities shall be thoroughly explained to each person orally. The agreement shall not run for more than one (1) year. Copies shall be given to all signatories.
[(16-1631) 16-1625, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 24, p. 504; am. 1996, ch. 272, sec. 15, p. 897; am. and redesig. 2005, ch. 391, sec. 33, p. 1290.]
(1) Under rules, policies and procedures adopted by the Idaho supreme court which may include, but are not limited to, provisions establishing fiscal controls and requiring compliance with all or part of the standards adopted by the national court appointed special advocate association, the persons or entities receiving moneys from the grant administrator to coordinate a guardian ad litem program in a judicial district may be required by the terms of the grant to perform any or all of the following duties:
(a) To establish, maintain and coordinate a districtwide guardian ad litem program consistent with the provisions of this chapter;
(b) To furnish the necessary administrative and staffing services as may from time to time be required;
(c) To act as a coordinator for the purpose of providing guardians ad litem for children brought within the purview of this chapter;
(d) To seek to have each child brought within the purview of this chapter available to him a guardian ad litem throughout each stage of any child protective proceeding;
(e) To establish a program for attorneys to represent guardians ad litem, whether or not appointed by the court in conjunction with the local, districtwide, and state bar associations;
(f) To the extent possible to establish a districtwide program to recruit volunteer guardians ad litem sufficient to provide services in each county of the judicial district;
(g) In conjunction with the department, prosecuting attorneys and city and county law enforcement officials, mental health professionals, social workers, school counselors and the medical community, the coordinators may assist in the development and implementation of a statewide uniform protocol for the investigation of allegations of abuse, neglect or abandonment pursuant to the provisions of this chapter;
(h) To develop uniform criteria to screen, select, train and remove guardians ad litem;
(i) To establish a priority list of those proceedings under this chapter in which a guardian ad litem shall be appointed in districts where there are insufficient numbers of guardians ad litem.
(2) Each guardian ad litem coordinator shall submit an annual report for the preceding fiscal year to the grant administrator for delivery to the legislature no later than ten (10) days following the start of each regular session. Such report shall contain the number and type of proceedings filed in the district under this chapter, the number of children subject to proceedings in the district under this chapter and the number of appointed guardians ad litem, the nature of services the guardians ad litem provided, the number of guardians ad litem trained in each district, the number of hours of service provided by guardians ad litem and attorneys and a complete financial statement for the past year and financial support requirements for the next fiscal year.
(3) The coordinators and staff members of any guardian ad litem program receiving moneys from the grant administrator, and any persons volunteering to serve as guardians ad litem in such programs, shall submit to a fingerprint-based criminal history check through any law enforcement office in the state providing such service. The criminal history check shall include a statewide criminal identification bureau check, federal bureau of investigation criminal history check, and statewide sex offender registry check. A record of all background checks shall be maintained in the office of the supreme court of the state of Idaho with a copy going to the applicant.
[(16-1632) 16-1630, added 1989, ch. 281, sec. 4, p. 687; am. and redesig. 2005, ch. 391, sec. 34, p. 1290; am. 2007, ch. 26, sec. 2, p. 52.]
Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:
(1) To conduct an independent factual investigation of the circumstances of the child including, without limitation, the circumstances described in the petition.
(2) To file with the court prior to any adjudicatory, review or permanency hearing a written report stating the results of the investigation, the guardian ad litem’s recommendations and such other information as the court may require. In all post-adjudicatory reports, the guardian ad litem shall inquire of any child capable of expressing his or her wishes regarding permanency and, when applicable, the transition from foster care to independent living and shall include the child’s express wishes in the report to the court. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case at least five (5) days before the date set for the hearing. The report submitted prior to the adjudicatory hearing shall not be admitted into evidence at the hearing and shall be used by the court only for disposition if the child is found to be within the purview of the act.
(3) To act as an advocate for the child for whom appointed at each stage of proceedings under this chapter. To that end, the guardian ad litem shall participate fully in the proceedings and to the degree necessary to adequately advocate for the child’s best interests, and shall be entitled to confer with the child, the child’s siblings, the child’s parents and any other individual or entity having information relevant to the child protection case.
(4) To monitor the circumstances of a child and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the child.
(5) To maintain all information regarding the case confidential and to not disclose the same except to the court or to other parties to the case.
(6) Such other and further duties as may be expressly imposed by the court order.
[(16-1633) 16-1631, added 1989, ch. 281, sec. 5, p. 688; am. 1996, ch. 272, sec. 16, p. 898; am. and redesig. 2005, ch. 391, sec. 35, p. 1291; am. 2010, ch. 284, sec. 1, p. 765.]
The guardian ad litem will have the following rights and powers, which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:
(1) The guardian ad litem, if represented by counsel, may file pleadings, motions, memoranda and briefs on behalf of the child, and shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.
(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem and the guardian’s attorney of all hearings, staffings, investigations, depositions and significant changes of circumstances of the child.
(3) Except to the extent prohibited or regulated by federal law or by the provisions of chapter 82, title 39, Idaho Code, upon presentation of a copy of the order appointing guardian ad litem, any person or agency, including, without limitation, any hospital, school, organization, department of health and welfare, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the guardian ad litem to inspect and copy pertinent records necessary for the proceeding for which the guardian is appointed relating to the child and parent without consent of the child or parents.
[(16-1634) 16-1632, added 1989, ch. 281, sec. 6, p. 689; am. 1996, ch. 272, sec. 17, p. 898; am. 2001, ch. 357, sec. 5, p. 1260; am. 2005, ch. 25, sec. 79, p. 115; am. and redesig. 2005, ch. 391, sec. 36, p. 1292.]
Any person appointed as a guardian ad litem, the coordinator, or a guardian ad litem volunteer program employee shall be personally immune from any liability for acts, omissions or errors in the same manner as if such person were a volunteer officer or director under the provisions of section 6-1605, Idaho Code.
[(16-1635) 16-1633, added 1989, ch. 281, sec. 7, p. 689; am. and redesig. 2005, ch. 391, sec. 37, p. 1293.]
For the purposes of the child abuse prevention and treatment act, 42 U.S.C. sections 5101 et seq., grant to this state under public law no. 93-247, or any related state or federal legislation, a guardian ad litem or other person appointed pursuant to section 16-1614, Idaho Code, shall be deemed a guardian ad litem to represent the interests of the minor in proceedings before the court. Any provisions of this chapter which shall cause this state to lose federal funding shall be considered null and void.
[(16-1636) 16-1634, added 1989, ch. 281, sec. 8, p. 690; am. and redesig. 2005, ch. 391, sec. 38, p. 1293.]
Any person appointed as a guardian ad litem by court order shall be exempt from the provisions of chapter 32, title 54, Idaho Code.
[(16-1637) 16-1635, added 1989, ch. 281, sec. 9, p. 690; am. and redesig. 2005, ch. 391, sec. 39, p. 1293.]
(1) There is hereby created an account in the agency asset fund in the state treasury to be designated the guardian ad litem account.
(2) The account shall consist of:
(a) Moneys appropriated to the account;
(b) Donations, gifts and grants to the account from any source; and
(c) Any other moneys which may hereafter be provided by law.
(3) Moneys in the account may be expended for the purposes provided in sections 16-1632 through 16-1638, Idaho Code. Interest earned on the investment of idle money in the guardian ad litem account shall be returned to the guardian ad litem account.
(4) Disbursements of moneys from the account shall be by appropriation from the legislature to the supreme court, which moneys shall be used for the payment of grants to qualified recipients and for expenses incurred for carrying out the provisions of this chapter.
[(16-1638) 16-1636, added 1989, ch. 281, sec. 10, p. 690; am. and redesig. 2005, ch. 391, sec. 40, p. 1293; am. 2007, ch. 26, sec. 3, p. 53.]
The grant administrator is hereby authorized and directed to award and administer grants from the money which shall be from time to time available to the grant administrator from the guardian ad litem account. The foregoing power and authorization shall be subject to requirements imposed by the supreme court and the following provisions:
(1) Grants may be made available to any person, organization, corporation, or agency for any of the following purposes:
(a) To enable such entity to act as the guardian ad litem coordinator in any judicial district.
(b) To enable such entity to recruit, organize and administer a panel of guardians ad litem and volunteer lawyers to represent guardians ad litem.
(c) To enable such entity to recruit, organize, train and support persons or entities to act as guardian ad litem coordinators in judicial districts which do not yet have guardian ad litem coordinators.
(d) To enable such entity to pay the administrative and other miscellaneous expenses incurred in carrying out the provisions of the guardian ad litem program.
(2) The grant administrator shall endeavor in allocating available funds to foster the development and operation of a guardian ad litem program in each judicial district in the state; provided, however, the grant administrator shall have no obligation to seek out or organize guardian ad litem coordinators or persons willing to act as such in judicial districts lacking a guardian ad litem coordinator.
(3) Funds available to the grant administrator from the guardian ad litem account may be also used to pay the grant administrator’s cost of performing its duties and obligations pursuant to this chapter.
[(16-1639) 16-1637, added 1989, ch. 281, sec. 11, p. 691; am. and redesig. 2005, ch. 391, sec. 41, p. 1294; am. 2007, ch. 26, sec. 4, p. 53.]
Nothing in this chapter shall be construed to alter the requirements provided in chapter 52, title 67, Idaho Code.
[(16-1640) 16-1626, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 25, p. 504; am. and redesig. 2005, ch. 391, sec. 42, p. 1294.]
This chapter shall be liberally construed to accomplish the purposes herein set forth.
[(16-1641) 16-1627, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 26, p. 504; am. and redesig. 2005, ch. 391, sec. 43, p. 1294.]
This chapter shall be known and cited as the "Child Protective Act."
[(16-1642) 16-1628, as added by 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 27, p. 504; am. and redesig. 2005, ch. 391, sec. 44, p. 1294.]
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
[(16-1643) 16-1629, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 28, p. 505; am. and redesig. 2005, ch. 391, sec. 45, p. 1294.]
(1) For purposes of this section:
(a) "Age or developmentally appropriate" means:
(i) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and
(ii) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.
(b) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interest of a child while simultaneously encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.
(2) A caregiver shall use the reasonable and prudent parent standard in determining whether to permit a child to participate in an activity while in foster care. A caregiver shall also consider whether the activity is age or developmentally appropriate.
(3) A caregiver shall not be liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver when the caregiver has acted in accordance with subsection (2) of this section.
(4) This section does not remove or limit any existing liability protection otherwise provided by law.
[16-1644, added 2016, ch. 360, sec. 2, p. 1064.]
Notwithstanding any other provision of law, nothing in this chapter modifies or supersedes the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.
[(16-1645) 16-1644, added 2016, ch. 347, sec. 7, p. 1009; am. and redesig. 2017, ch. 58, sec. 6, p. 104.]
The state department of health and welfare shall submit an annual report regarding the foster care program to the germane standing committees of the legislature no later than ten (10) days following the start of each regular session. On or before February 15 of each year, the state department of health and welfare shall appear before the germane standing committees to present the report. Such report shall include, but need not be limited to, the number of children that are in the department’s legal custody pursuant to this chapter, the number of such children who have been placed in foster care, how many times such children have been moved to different foster care homes and the reasons for such moves, best practices in foster care, goals to improve the foster care system in Idaho to ensure best practices are adhered to, a description of progress made with regard to the previous year’s goals to improve the foster care system and any other information relating to foster care that the legislature requests. If a member of the legislature requests additional information between the time the report is received by the legislature and the time the department appears to present the report, then the department shall supplement its report to include such additional information.
[(16-1646) 16-1644, added 2016, ch. 284, sec. 1, p. 784; am. and redesig. 2017, ch. 58, sec. 7, p. 104.]
(1) Each public health district, as set forth in section 39-408, Idaho Code, shall establish a citizen review panel for the purposes of evaluating and providing recommendations for the improvement of the child protection system within its respective health district.
(2) Each citizen review panel shall be comprised of up to seven (7) members. Members shall reside within the boundaries of the public health district.
(3) The public health districts shall develop an application and process for selecting citizen review panel members. The public health districts shall be responsible for convening the meetings of the citizen review panels and providing administrative support to coordinate meeting times and reports. Panel members shall be volunteers broadly representative of the community in which the panel is established and include members who have expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect. An effort shall be made to create a panel comprised of members from diverse professional backgrounds who demonstrate a strong motivation to improve the lives of children. Panel members must pass a criminal background check.
(4) Each citizen review panel shall review all cases brought under the child protective act that have been open in the corresponding district court, or other appropriate local jurisdiction, longer than one hundred twenty (120) days.
(5) Citizen review panel members shall be granted access to copies of all records in the department’s custody related to the child and case under review including all information pertaining to prior referrals, prior safety assessments, all court filings and any police reports. The department shall give citizen review panel members access to copies of any additional records within the department’s custody upon request. The department shall develop a memorandum of understanding addressing delivery, maintenance and destruction of all records, which must be signed by the panel member before accessing department records.
(6) Representative members from each of the seven (7) citizen review panels shall meet at least quarterly to discuss trends and concerns arising in different areas of the state. Meetings may take place telephonically, electronically or in person.
(7) Each citizen review panel shall produce a quarterly report containing a summary of the activities of the panel and offering recommendations to improve the child protection system experience for children. Reports shall be provided to the department and presented to the child protection legislative review panel established in subsection (9) of this section during its next meeting. Reports shall be exempt from public disclosure in the same manner as are records of investigations prepared by the department pursuant to section 74-105(7), Idaho Code.
(8) The department shall submit an annual written response to citizen review panel reports. This response shall be made available to the public and presented to the child protection legislative review panel established in subsection (9) of this section.
(9) A child protection legislative review panel is hereby established. The panel shall be comprised of four (4) members of the house of representatives chosen by the speaker of the house, with one (1) such member chosen from the house health and welfare committee and one (1) such member chosen from the house judiciary, rules and administration committee and four (4) members of the senate chosen by the president pro tempore, with one (1) such member chosen from the senate health and welfare committee and one (1) such member chosen from the senate judiciary and rules committee. The child protection legislative review panel shall meet as needed, but at least twice annually, to review citizen review panel reports and the department’s annual response and for other purposes related to child protection. The child protection legislative review panel shall prepare an annual report summarizing citizen review panel recommendations and the department’s response and shall submit that report to the United States department of health and human services annually.
[16-1647, added 2018, ch. 287, sec. 6, p. 686.]
(1) As used in this section:
(a) "Adoption or foster care" or "adoption or foster care services" means social services provided to or on behalf of children, including services:
(i) Promoting foster parenting;
(ii) Providing foster homes, residential care, group homes, or temporary group shelters for children;
(iii) Recruiting foster parents;
(iv) Placing children in foster homes;
(v) Licensing or certifying foster homes;
(vi) Promoting adoption or recruiting adoptive parents;
(vii) Assisting adoptions or supporting adoptive families;
(viii) Performing or assisting home studies;
(ix) Assisting kinship guardianships or kinship caregivers;
(x) Providing family support services; and
(xi) Providing temporary family reunification services.
(b) "Discriminatory action" means any action taken by the state government to:
(i) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in subsections (2) and (3) of this section;
(ii) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person referred to in subsections (2) and (3) of this section;
(iii) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to any person referred to in subsections (2) and (3) of this section;
(iv) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to any person referred to in subsections (2) and (3) of this section;
(v) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction;
(vi) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or
(vii) Refuse to hire or promote, force to resign, terminate, demote, sanction, discipline, adversely alter the terms or conditions of employment of, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.
(c) "State benefit program" means any program administered, controlled, or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans, or in-kind assistance.
(d) "State government" means:
(i) The state or a political subdivision of the state;
(ii) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, or court;
(iii) Any city, county, urban county government, charter county government, unified local government, consolidated local government, special district, or any combination thereof;
(iv) Any person acting under color of state law; and
(v) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.
(2) The state government shall not take any discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person has provided or declined to provide any adoption or foster care service or related service based on or in a manner consistent with a sincerely held religious belief.
(3) The state government shall not take any discriminatory action against a person who the state grants custody of a foster or adoptive child wholly or partially on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct, or raise a child, based on or in a manner consistent with a sincerely held religious belief. The state government may consider whether a person shares the same religious or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religious or faith tradition.
(4) The state government shall consider any person as accredited, licensed, or certified who would otherwise be accredited, licensed, or certified, respectively, for any purposes under state law if not for a determination against such person wholly or partially on the basis that the person believes, maintains policies and procedures, or acts in accordance with a sincerely held religious belief.
(5) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement if not for a determination against such person wholly or partially on the basis that the person believes, maintains policies and procedures, or acts in accordance with a sincerely held religious belief.
(6) A person may assert a violation of the provisions of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.
(7) Notwithstanding any other provision of law to the contrary, an action under this section may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.
(8) A person shall bring an action to assert a claim under this section no later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.
(9) Any person who successfully asserts a claim or defense under this section may recover:
(a) Declaratory relief;
(b) Injunctive relief to prevent or remedy a violation of this section or the effects of such a violation;
(c) Compensatory damages;
(d) Reasonable attorney’s fees and costs; and
(e) Any other appropriate relief, except that declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a defense under this section.
(10) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability pursuant to subsection (9) of this section, and a person may sue the state government, except state courts, for damages allowed pursuant to subsection (9) of this section.
[16-1648, added 2024, ch. 166, sec. 2, p. 632.]
(1) When the department, in accordance with this chapter, commences an investigation after having received information that a child may be abused, neglected, or abandoned and in the course of such investigation contacts, directly and in person, the parents, guardians, or any persons having legal custody of the child, then the department shall notify such parents, guardians, or persons that they have the right to:
(a) Refuse to answer questions;
(b) Obtain an attorney at their own expense, consult with such attorney, and have such attorney present during an investigation; provided, however, that the department is not authorized to appoint or obtain an attorney for such parents, guardians, or persons;
(c) Refuse entry to their home or other real property; and
(d) Refuse the questioning of any minor children in their home or on their property, unless there is an order issued by a court of competent jurisdiction authorizing a particular entry or particular questioning or examination.
(2) The notification required by subsection (1) of this section shall be made in writing at the time of or within seventy-two (72) hours after the department makes the first contact directly and in person with the parents, guardians, or other persons having legal custody of the child.
(3) A parent, guardian, or other person having legal custody of the child may expressly assert the rights provided in this section.
(4) The notification required by subsection (1) of this section shall be made in writing on a form prescribed by the department. Such notification shall state that if the safety of the child cannot be determined, the department may request assistance from a law enforcement agency or seek a court order.
(5) Failure by the department to provide the notification required by this section in a specific investigation shall not affect the department’s ability to conduct such investigation or to carry out the department’s duties as provided in this chapter.
[(16-1649) 16-1648, added 2024, ch. 64, sec. 1, p. 328; am. and redesig. 2025, ch. 211, sec. 8, p. 975.]
(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.
[16-1650, added 2026, ch. 276, sec. 2, p. 1164.]
The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Idaho with any of the United States legally joining therein in the form substantially as follows:
ARTICLE I
PURPOSE
The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that congress, by enacting the crime control act, 4 U.S.C. section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Bylaws" means: those bylaws established by the interstate commission for its governance, or for directing or controlling its actions or conduct.
B. "Compact administrator" means: the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
C. "Compacting state" means: any state which has enacted the enabling legislation for this compact.
D. "Commissioner" means: the voting representative of each compacting state appointed pursuant to article III of this compact.
E. "Court" means: any court having jurisdiction over delinquent, neglected, or dependent children.
F. "Deputy compact administrator" means: the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.
G. "Interstate Commission" means: the interstate commission for juveniles created by article III of this compact.
H. "Juvenile" means: any person defined as a juvenile in any member state or by the rules of the interstate commission, including:
(1) Accused delinquent – a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) Adjudicated delinquent – a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) Accused status offender – a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) Adjudicated status offender – a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) Nonoffender – a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
I. "Noncompacting state" means: any state which has not enacted the enabling legislation for this compact.
J. "Probation or parole" means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
K. "Rule" means: a written statement by the interstate commission promulgated pursuant to article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.
L. "State" means: a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
B. The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the interstate commission in such capacity under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the interstate commission shall be ex officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional ex officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to one (1) vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.
E. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
F. The interstate commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws and rules; and perform such other duties as directed by the interstate commission or set forth in the bylaws.
G. Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication.
H. The interstate commission’s bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds (2/3) vote that an open meeting would be likely to:
Relate solely to the interstate commission’s internal personnel practices and procedures;
Disclose matters specifically exempted from disclosure by statute;
Disclose trade secrets or commercial or financial information which is privileged or confidential;
Involve accusing any person of a crime, or formally censuring any person;
Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
Disclose investigative records compiled for law enforcement purposes;
Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
Specifically relate to the interstate commission’s issuance of a subpoena, or its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the interstate commission’s legal counsel shall publicly certify that, in the legal counsel’s opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
K. The interstate commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
To provide for dispute resolution among compacting states.
To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the interstate commission.
To enforce compliance with the compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means including, but not limited to, the use of judicial process.
To establish and maintain offices which shall be located within one (1) or more of the compacting states.
To purchase and maintain insurance and bonds.
To borrow, accept, hire or contract for services of personnel.
To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by article III of this compact which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.
To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission’s personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.
To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
To establish a budget and make expenditures and levy dues as provided in article VIII of this compact.
To sue and be sued.
To adopt a seal and bylaws governing the management and operation of the interstate commission.
To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the interstate commission.
To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
To establish uniform standards of the reporting, collecting and exchanging of data.
The interstate commission shall maintain its corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
a. Establishing the fiscal year of the interstate commission;
b. Establishing an executive committee and such other committees as may be necessary;
c. Provide for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;
d. Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each such meeting;
e. Establishing the titles and responsibilities of the officers of the interstate commission;
f. Providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations.
g. Providing "start-up" rules for initial administration of the compact; and
h. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and Staff
The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.
The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.
Section C. Qualified Immunity, Defense and Indemnification
The commission’s executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner’s representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
The interstate commission shall indemnify and hold the commissioner of a compacting state, or the commissioner’s representatives or employees, or the interstate commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States supreme court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
C. When promulgating a rule, the interstate commission shall, at a minimum:
Publish the proposed rule’s entire text stating the reason(s) for that proposed rule;
Allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;
Provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and
Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D. The interstate commission shall allow, not later than sixty (60) days after a rule is promulgated, any interested person to file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission’s principal office is located for judicial review of such rule. If the court finds that the interstate commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the model state administrative procedures act.
E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F. The existing rules governing the operation of the interstate compact on juveniles superseded by this act shall be null and void twelve (12) months after the first meeting of the interstate commission created hereunder.
G. Upon determination by the interstate commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight
The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
Section B. Dispute Resolution
The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in article XI of this compact.
ARTICLE VIII
FINANCE
A. The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
B. The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.
C. The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D. The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state’s participation in interstate commission activities and other duties as may be determined by that state including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
A. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in article II of this compact is eligible to become a compacting state.
B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
C. The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
Section A. Withdrawal
Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
The effective date of withdrawal is the effective date of the repeal.
The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt thereof.
The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal.
Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension, Termination and Default
a. Remedial training and technical assistance as directed by the interstate commission;
b. Alternative dispute resolution;
c. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; and
d. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.
Within sixty (60) days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state’s legislature, and the state council of such termination.
The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial Enforcement
The interstate commission may, by majority vote of the members, initiate legal action in the United States district court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
Section D. Dissolution of Compact
The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one (1) compacting state.
Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
All compacting states’ laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding Effect of the Compact
All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.
All agreements between the interstate commission and the compacting states are binding in accordance with their terms.
Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.
In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
[16-1901, added added 2004, ch. 97, sec. 2, p. 342.]
This act may be cited as the "Interstate Compact for Juveniles."
[16-1902, added added 2004, ch. 97, sec. 2, p. 342 and 355.]
(1) The purpose of this chapter is to:
(a) Provide for voluntary and involuntary severance of the parent and child relationship and for substitution of parental care and supervision by judicial process, thereby safeguarding the rights and interests of all parties concerned and promoting their welfare and that of the state of Idaho; and
(b) Provide permanency for children who are under the jurisdiction of the court through the child protective act, chapter 16, title 16, Idaho Code, where the court has found the existence of aggravated circumstances or that reasonable efforts to return the child to his or her home have failed.
(2) Implicit in this chapter is the philosophy that wherever possible family life should be strengthened and preserved and that the issue of severing the parent and child relationship is of such vital importance as to require a judicial determination in place of attempts at severance by contractual arrangements, express or implied, for the surrender and relinquishment of children. Nothing in this chapter shall be construed to allow discrimination in favor of, or against, on the basis of disability.
[16-2001, added 1963, ch. 145, sec. 1, p. 420; am. 2002, ch. 233, sec. 8, p. 677; am. 2005, ch. 391, sec. 46, p. 1295.]
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 twelve (12) of the most recent twenty-two (22) months; and
(ii) Reunification has not been accomplished by the last day of the twelfth 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.
[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; am. 2025, ch. 130, sec. 2, p. 677; am. 2026, ch. 198, sec. 2, p. 865.]
The court shall have exclusive original jurisdiction, other than as provided in title 32, Idaho Code, to hear petitions to terminate the parent and child relationship when the child is present in the state. When a court has jurisdiction over the child under the child protective act, chapter 16, title 16, Idaho Code, that court shall have exclusive jurisdiction of the action to terminate parental rights unless it consents to a different venue or jurisdiction in the best interests of the child.
[16-2003, added 1963, ch. 145, sec. 3, p. 420; am. 2005, ch. 391, sec. 48, p. 1298.]
A petition may be filed by:
a. Either parent when termination is sought with respect to the other parent.
b. The guardian of the person or the legal custodian of the child or person standing in loco parentis to the child.
c. An authorized agency.
d. Any other person possessing a legitimate interest in the matter.
[16-2004, added 1963, ch. 145, sec. 4, p. 420.]
(1)(a) The court may grant an order terminating the relationship where it finds that termination of parental rights is in the best interests of the child and that one (1) or more of the following conditions exist:
(i) The parent has abandoned the child;
(ii) The parent has neglected or abused the child;
(iii) The presumptive parent is not the biological parent of the child;
(iv) The parent is unable to discharge parental responsibilities and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals or well-being of the child;
(v) The parent has been incarcerated and is likely to remain incarcerated for a substantial period of time during the child’s minority; or
(vi) The parent is incarcerated at the time of the termination hearing and has been or likely will remain incarcerated for a substantial portion of the child’s minority, and termination is initiated by the department for such child who is in the legal custody of the department.
(b) For terminations arising from a case filed pursuant to chapter 16, title 16, Idaho Code, additional factors that inform what is in the best interest of the child, beyond those otherwise identified by the courts, include:
(i) The parent’s efforts to improve the parent’s capacity to safely reunify with the child;
(ii) The parent’s demonstrated ability to live a law-abiding life, excepting infraction violations; and
(iii) When the child has formed a strong and positive bond with the child’s substitute caretaker, the strong and positive bond has existed for a substantial portion of the child’s life, the removal of the child from the substitute caretaker would likely cause serious psychological harm to the child, and the parent lacks the capacity to meet the needs of the child upon removal.
(2) The court may grant an order terminating the relationship and may rebuttably presume that such termination of parental rights is in the best interests of the child where:
(a) The parent caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under the age of sixteen (16) years, or sexual abuse of a child under the age of sixteen (16) years, as defined in sections 18-6101, 18-1508, 18-1506, and 18-6601, Idaho Code;
(b) The following circumstances are present:
(i) Abandonment, chronic abuse or chronic neglect of the child. Chronic neglect or chronic abuse of a child shall consist of abuse or neglect that is so extreme or repetitious as to indicate continuing the relationship would result in unacceptable risk to the health and welfare of the child;
(ii) Sexual abuse against a child of the parent. Sexual abuse, for the purposes of this section, includes any conduct described in section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101, or 18-6604, Idaho Code;
(iii) Torture of a child; any conduct described in the code sections listed in section 18-8303(1), Idaho Code; battery or an injury to a child that results in serious or great bodily injury to a child; voluntary manslaughter of a child, or aiding or abetting such voluntary manslaughter, soliciting such voluntary manslaughter or attempting or conspiring to commit such voluntary manslaughter;
(iv) The parent has committed murder, aided or abetted a murder, solicited a murder or attempted or conspired to commit murder; or
(c) The court determines the child to be an abandoned infant, except in a parental termination action brought by one (1) parent against another parent.
(3) The court shall not grant an order terminating the relationship based on the child’s immunization status.
(4) The court may grant an order terminating the relationship if termination is found to be in the best interest of the parent and child.
(5) The court may grant an order terminating the relationship where a consent to termination in the manner and form prescribed by this chapter has been filed by the parent or parents of the child in conjunction with a petition for adoption initiated by the person or persons proposing to adopt the child, where the consent to termination has been filed by a licensed adoption agency, or where the termination is initiated by the department pertaining to a child who is in the legal custody of the department, and no subsequent hearing on the merits of the petition shall be held. Consents required by this chapter must be witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person consenting resides or is present, whether within or without the county, and shall be substantially in the following form:
IN THE DISTRICT COURT OF THE…. JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF….
In the matter of the termination )
of the parental rights of )
………………. )
………………. )
I (we), the undersigned, being the…. of…., do hereby give my (our) full and free consent to the complete and absolute termination of my (our) parental right(s), to the said…., who was born….,…., unto…., hereby relinquishing completely and forever, all legal rights, privileges, duties and obligations, including all rights of inheritance to and from the said…., and I (we) do hereby expressly waive my (our) right(s) to hearing on the petition to terminate my (our) parental relationship with the said…., and respectfully request the petition be granted.
STATE OF IDAHO )
) ss.
COUNTY OF…. )
On this…. day of…., 20.., before me, the undersigned….,…. (Judge or Magistrate) of the District Court of the…. Judicial District of the state of Idaho, in and for the county of…., personally appeared…., known to me (or proved to me on the oath of….) to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he (she, they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(6) The court shall accept a consent or a surrender and release executed in another state if:
(a) It is witnessed by a magistrate or district judge of the state where signed; or
(b) The court receives an affidavit or a certificate from a court of comparable jurisdiction stating that the consent or the surrender and release was executed in accordance with the laws of the state in which it was executed, or the court is satisfied by other showing that the consent or surrender and release was executed in accordance with the laws of the state in which it was executed.
(7) The court shall accept a termination or relinquishment from a sister state that has been ordered by a court of competent jurisdiction under like proceedings or in any other manner authorized by the laws of a sister state. In a state where the father has failed to file notice of claim to paternity and willingness to assume responsibility as provided for pursuant to the laws of such state, and where such failure constitutes an abandonment of such child and constitutes a termination or relinquishment of the rights of the putative father, the court shall accept such failure as a termination in this state without further hearing on the merits if the court is satisfied that such failure constitutes a termination or relinquishment of parental rights pursuant to the laws of that state.
(8) The court shall hold a hearing unless:
(a) A consent to termination signed by the parent or parents of the child has been filed by an adoption agency licensed in the state of Idaho;
(b) A consent to termination was filed in conjunction with a petition for adoption of the child; or
(c) A consent to termination signed by the parent or parents of the child has been filed and the termination is initiated by the department pertaining to a child who is in legal custody of the department.
(9) If the parent has a disability, as defined in this chapter, the parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this section shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
[16-2005, added 1963, ch. 145, sec. 5, p. 420; am. 1971, ch. 266, sec. 2, p. 1067; am. 1987, ch. 207, sec. 1, p. 436; am. 1990, ch. 25, sec. 1, p. 38; am. 1994, ch. 393, sec. 4, p. 1248; am. 1994, ch. 426, sec. 2, p. 1336; am. 1996, ch. 365, sec. 2, p. 1224; am. 1998, ch. 310, sec. 1, p. 1028; am. 1999, ch. 314, sec. 1, p. 779; am. 2000, ch. 77, sec. 1, p. 161; am. 2000, ch. 171, sec. 9, p. 435; am. 2002, ch. 233, sec. 10, p. 680; am. 2003, ch. 260, sec. 1, p. 683; am. 2005, ch. 391, sec. 49, p. 1298; am. 2013, ch. 287, sec. 12, p. 758; am. 2016, ch. 296, sec. 7, p. 834; am. 2022, ch. 124, sec. 11, p. 444; am. 2023, ch. 10, sec. 2, p. 34; am. 2025, ch. 130, sec. 3, p. 679; am. 2025, ch. 206, sec. 1, p. 930; am. 2026, ch. 131, sec. 2, p. 625.]
The petition for the termination of the parent and child relationship shall include, to the best information and belief of the petitioner:
a. The name and place of residence of the petitioner;
b. The name, sex, date and place of birth, and residence of the child;
c. The basis for the court’s jurisdiction;
d. The relationship of the petitioner to the child, or the fact that no relationship exists;
e. The names, addresses, and dates of birth of the parents; and where the child is illegitimate, the names, addresses and dates of birth of both parents, if known to the petitioner;
f. Where the child’s parent is a minor, the names and addresses of said minor’s parents or guardian of the person; and where the child has no parent or guardian, the relatives of the child to and including the second degree of kindred;
g. The name and address of the person having legal custody or guardianship of the person or acting in loco parentis to the child or authorized agency having legal custody or providing care for the child;
h. The grounds on which termination of the parent and child relationship is sought;
i. The names and addresses of the persons and authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred;
j. A list of the assets of the child together with a statement of the value thereof.
[16-2006, added 1963, ch. 145, sec. 6, p. 420.]
(1) After a petition has been filed, the court shall set the time and place for hearing. The petitioner shall give notice to any person entitled to notice under section 16-1505, Idaho Code, the authorized agency having legal custody of the child and the guardian ad litem of the child and of a parent. The petitioner shall give notice to the Idaho department of health and welfare if the petition for termination was not filed in conjunction with a petition for adoption or by an adoption agency licensed by the state of Idaho.
(2) Notice shall be given by personal service on the parents or guardian. Where reasonable efforts to effect personal service have been unsuccessful or are impossible because the whereabouts of parties entitled to notice are not known or reasonably ascertainable, the court shall order service by registered or certified mail to the last known address of the person to be notified and by publication once a week for three (3) successive weeks in a newspaper or newspapers to be designated by the court as most likely to give notice to the person to be served. The hearing shall take place no sooner than ten (10) days after service of notice, or where service is by registered or certified mail and publication, the hearing shall take place no sooner than ten (10) days after the date of last publication.
(3) Notice and appearance may be waived by a parent in writing and witnessed by a district judge or magistrate of a district court, or equivalent judicial officer of the state, where a person waiving notice and appearance resides or is present, whether within or without the county, and shall be substantially in the following form:
IN THE DISTRICT COURT OF THE …. JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ….
In the Matter of the termination )
of the parental rights to )
………………. )
………………. )
(a) minor child(ren)
I (we), the undersigned, being the…. of…., do hereby waive my (our) right to notice and my (our) right to appear in any action seeking termination of my (our) parental rights. I (we) understand that by waiving notice and appearance my (our) parental right(s), to the said…., who was born….,…., unto…., may be completely and forever terminated, including all legal rights, privileges, duties and obligations, including all rights of inheritance to and from the said…., and I (we) do hereby expressly waive my (our) right(s) to notice of or appearance in any such action.
STATE OF IDAHO )
)ss.
COUNTY OF…. )
On this…. day of…., 20.., before me, the undersigned….,…. (Judge or Magistrate) of the District Court of the…. Judicial District of the state of Idaho, in and for the county of…., personally appeared…., known to me (or proved to me on the oath of….) to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that he (she, they) executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(4) The court shall accept a waiver of notice and appearance executed in another state if:
(a) It is witnessed by a magistrate or district judge of the state where signed; or
(b) The court receives an affidavit or a certificate from a court of comparable jurisdiction stating that the waiver of notice and appearance was executed in accordance with the laws of the state in which it was executed, or the court is satisfied by other showing that the waiver of notice and appearance was executed in accordance with the laws of the state in which it was executed.
(5) When the termination of the parent and child relationship is sought and the parent is determined to be incompetent to participate in the proceeding, the court shall appoint a guardian ad litem for the alleged incompetent parent. The court may in any other case appoint a guardian ad litem, as may be deemed necessary or desirable, for any party. Except as provided in section 16-1504(6), Idaho Code, where a putative father has failed to timely commence proceedings to establish paternity under section 7-1111, Idaho Code, or has failed to timely file notice of his filing of proceedings to establish his paternity of his child born out of wedlock under section 16-1513, Idaho Code, with the vital statistics unit of the department of health and welfare, notice under this section is not required unless such putative father is one of those persons specifically set forth in section 16-1505(1), Idaho Code.
(6) If a parent fails to file a claim of parental rights pursuant to the provisions of chapter 82, title 39, Idaho Code, for a child left with a safe haven pursuant thereto, prior to entry of an order terminating their parental rights, that parent is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights.
[16-2007, added 1963, ch. 145, sec. 7, p. 420; am. 1987, ch. 207, sec. 2, p. 437; am. 1990, ch. 58, sec. 1, p. 134; am. 2000, ch. 171, sec. 10, p. 438; am. 2001, ch. 357, sec. 6, p. 1260; am. 2002, ch. 233, sec. 11, p. 682; am. 2005, ch. 25, sec. 80, p. 116; am. 2005, ch. 391, sec. 50, p. 1301; am. 2013, ch. 138, sec. 6, p. 330; am. 2020, ch. 330, sec. 5, p. 961.]
(1) If a petition for adoption is not filed in conjunction with a petition for termination, or the petition for termination was not filed by a children’s adoption agency licensed by the state of Idaho upon the filing of a petition for termination, the court shall direct the department of health and welfare, bureau of child support services, to submit a written financial analysis report within thirty (30) days from date of notification, detailing the amount of any unreimbursed public assistance moneys paid by the state of Idaho on behalf of the child. The financial analysis shall include recommendations regarding repayment of unreimbursed public assistance and provisions for future support for the child and the reasons therefor.
(2) Upon the filing of a petition, the court may direct, in all cases where written consent to termination has not been given as provided in this chapter, that an investigation be made by the department of health and welfare, division of family and community services, or a licensed children’s adoption agency, and that a report in writing of such study be submitted to the court prior to the hearing, except that where the department of health and welfare or a licensed children’s adoption agency is a petitioner, either in its own right or on behalf of a parent, a report in writing of the investigation made by such agency shall accompany the petition. The department of health and welfare or the licensed children’s adoption agency shall have thirty (30) days from notification by the court during which it shall complete and submit its investigation unless an extension of time is granted by the court upon application by the agency. The court may order additional investigation as it deems necessary. The social study shall include the circumstances of the petition, the investigation, the present condition of the child and parents, proposed plans for the child, and such other facts as may be pertinent to the parent and child relationship, and the report submitted shall include a recommendation and the reasons therefor as to whether or not the parent and child relationship should be terminated. If the parent has a disability as defined in this chapter, the parent shall have the right, as a part of the social study, to provide information regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. The person performing the social investigation shall advise the parent of such right and shall consider all such information in any findings or recommendations. The social study shall be conducted by, or with the assistance of, an individual with expertise in the use of such equipment and services. Nothing in this section shall be construed to create any new or additional obligations on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities. Where the parent is a minor, if the report does not include a statement of contact with the parents of said minor, the reasons therefor shall be set forth. The purpose of the investigation is to aid the court in making disposition of the petition and shall be considered by the court prior thereto.
(3) Except as provided in section 16-1504(6), Idaho Code, no social study or investigation as provided for in subsection (2) of this section shall be directed by the court with respect to the putative father who has failed to timely commence proceedings to establish paternity under section 7-1111, Idaho Code, or who has failed to timely file notice of his filing of proceedings to establish his paternity of his child born out of wedlock under section 16-1513, Idaho Code, with the vital statistics unit of the department of health and welfare, unless such putative father is one of those persons specifically set forth in section 16-1505(1), Idaho Code.
[16-2008, added 1963, ch. 145, sec. 8, p. 420; am. 1985, ch. 55, sec. 1, p. 109; am. 1987, ch. 207, sec. 3, p. 438; am. 1992, ch. 341, sec. 3, p. 1035; am. 2000, ch. 171, sec. 11, p. 439; am. 2002, ch. 233, sec. 12, p. 683; am. 2013, ch. 138, sec. 7, p. 332; am. 2020, ch. 330, sec. 6, p. 962.]
(1) Cases under this act shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required. The general public shall be excluded and only such persons admitted whose presence is requested by any person entitled to notice under the provisions of section 16-2007, Idaho Code, or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. The court may require the presence of witnesses deemed necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 16-2007, Idaho Code, shall not be required to appear at the hearing.
(2) The parent or guardian ad litem shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel and, if counsel is requested and the parent or guardian is financially unable to employ counsel, counsel shall be provided only if such representation is constitutionally required. The prosecuting attorneys of the several counties shall represent the department at all stages of the hearing.
(3) The court’s finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such report, study or examination shall be subject to both direct and cross-examination.
[16-2009, added 1963, ch. 145, sec. 9, p. 420; am. 1983, ch. 128, sec. 1, p. 324; am. 1987, ch. 207, sec. 4, p. 439; am. 1993, ch. 88, sec. 1, p. 217; am. 2025, ch. 329, sec. 3, p. 1355.]
(1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction.
(2) (a) If the court finds sufficient grounds exist for the termination of the parent and child relationship, it shall so decree and:
(i) Appoint an individual as guardian of the child’s person, or
(ii) Appoint an individual as guardian of the child’s person and vest legal custody in another individual or in an authorized agency, or
(iii) Appoint an authorized agency as guardian of the child’s person and vest legal custody in such agency.
(b) The court shall also make an order fixing responsibility for the child’s support. The parent and child relationship may be terminated with respect to one (1) parent without affecting the relationship between the child and the other parent.
(3) Where the court does not order termination of the parent and child relationship, it shall dismiss the petition; provided however, that where the court finds that the best interest of the child requires substitution or supplementation of parental care and supervision, it shall make an order placing the child under protective supervision, or vesting temporary legal custody in an authorized agency, fixing responsibility for temporary child support, and designating the period of time during which the order shall remain in effect.
(4) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department of health and welfare, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.
[16-2010, added 1963, ch. 145, sec. 10, p. 420; am. 1989, ch. 216, sec. 1, p. 525; am. 1989, ch. 218, sec. 5, p. 530; am. 1992, ch. 341, sec. 4, p. 1036; am. 1998, ch. 257, sec. 6, p. 857; am. 2000, ch. 171, sec. 12, p. 439; am. 2005, ch. 391, sec. 51, p. 1303.]
An order terminating the parent and child relationship shall divest the parent and the child of all legal rights, privileges, duties, and obligations, including rights of inheritance, with respect to each other.
[16-2011, added 1963, ch. 145, sec. 11, p. 420.]
All court costs of giving notice and advertising shall be paid by the petitioners, except when the petitioner is an authorized agency. The court, however, may suspend such costs where payment would work a hardship on the petitioner or would be otherwise inappropriate.
[16-2012, added 1963, ch. 145, sec. 12, p. 420.]
The files and records of the court in any proceedings had under this act shall be kept in a separate locked file and shall be withheld from public inspection, but shall be open to inspection on special order of the court by persons having a legitimate interest in the case and their attorneys, and by an authorized agency to which legal custody of the child has been transferred. As used in this section, the words "files and records" include the court docket and entries therein, the petitions and other papers filed in any case, transcripts of testimony taken by the court, and findings, orders, and decrees, and other writings filed in proceedings before the court, other than social records. Social records shall be withheld from public inspection except that information from such records may be furnished to persons and agencies having a legitimate interest in the protection, welfare and treatment of the child, in such manner as the court determines. As used in this section, the words "social records" include the social service records of the court, the investigation and reports referred to in Section 16-2008, and related papers and correspondence, including medical, psychological and psychiatric studies and reports, either in the possession of the court or authorized agency.
No person shall be entitled to make copies of such files and records or social records or parts thereof unless the court so orders. It shall be unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to this section, or except for purposes permitted by special order of the court, for any person to disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning any person before the court directly or indirectly derived from the files and records or communications of the court, or social records, or acquired in the course of the performance of official duties. Any person who shall disclose information in violation of the provisions of this section shall be guilty of a misdemeanor.
[16-2013, added 1963, ch. 145, sec. 13, p. 420.]
Any appeal from an order or decree of the court granting or refusing to grant a termination shall be taken to the supreme court, provided however, pendency of an appeal or application therefor shall not suspend the order of the court relative to termination of the parent-child relationship.
[16-2014, added 1963, ch. 145, sec. 14, p. 420; am. 1971, ch. 170, sec. 4, p. 805; am. 2010, ch. 26, sec. 3, p. 46.]
This act shall be liberally construed to accomplish the purposes herein set forth.
[16-2015, added 1963, ch. 145, sec. 16, p. 420.]
It is hereby found and declared: (1) that the needs of children requiring placement and of adults seeking to receive them cannot be met by restricting child placement services and supervision to the territory of a single state; (2) that the cooperation of this state with other states is necessary to improve services and protection for children in need of placement.
It shall therefore be the policy of this state, in adopting the Interstate Compact on the Placement of Children, to cooperate fully with other states: (1) in furnishing public authorities in a receiving state with notice of the intention to place a child in the receiving state; (2) in placing a child in a receiving state only after receiving notification from that receiving state as to suitability of the placement; and (3) in conforming with the applicable laws of the receiving state governing the placement of children therein.
Nothing in this act shall be interpreted as limiting the jurisdiction of the courts under chapter 16 and 18, title 16, Idaho Code.
[16-2101, added 1976, ch. 189, sec. 1, p. 681.]
The governor is hereby authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:
ARTICLE I. PURPOSE AND POLICY
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
ARTICLE II. DEFINITIONS
As used in this compact:
(a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought, any child to another party state.
(c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.
ARTICLE III. CONDITIONS FOR PLACEMENT
(a) No sending agency shall send, bring, or cause to be sent or brought into any other party state, any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child.
ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
ARTICLE V. RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or the child’s transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed herein.
(b) When the sending agency is a public agency it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent to such other party jurisdiction for institutional care and the court finds that:
(1) Equivalent facilities for the child are not available in the sending agency’s jurisdiction; and
(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
ARTICLE VII. COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.
ARTICLE VIII. LIMITATIONS
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or nonagency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law.
ARTICLE IX. ENACTMENT AND WITHDRAWAL
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two (2) years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
[16-2102, added 1976, ch. 189, sec. 1, p. 682.]
Pursuant to said compact, the governor is hereby authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms of the compact. Said compact administrator shall serve subject to the pleasure of the governor. The compact administrator is hereby authorized, empowered and directed to cooperate with all departments, agencies and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.
[16-2103, added 1976, ch. 189, sec. 1, p. 686.]
The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service of this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.
[16-2104, added 1976, ch. 189, sec. 1, p. 686.]
The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.
[16-2105, added 1976, ch. 189, sec. 1, p. 686.]
The compact administrator shall take appropriate action to effect the recovery from relevant parents or guardians of estate, at the option of said administrator, of any and all costs expended by the state, or any of its subdivisions, with respect to Idaho children handled under said compact.
[16-2106, added 1976, ch. 189, sec. 1, p. 686.]
The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.
[16-2107, added 1976, ch. 189, sec. 1, p. 687.]
This chapter governing the access to the continuum of services for children with serious emotional disturbance may be cited as the "Children’s Mental Health Services Act."
[16-2401, added 1997, ch. 404, sec. 1, p. 1282.]
(1) It is the policy of the legislature and the state of Idaho that services for children with serious emotional disturbance should be planned and implemented to maximize the support of the family’s ability to provide adequate safety and well-being for the child at home. If the child cannot receive adequate services within the family home to maintain individual safety and well-being, community resources shall be provided to minimize the need for institutional or other residential placement. The legislature finds that family involvement and participation in the child’s treatment planning and implementation is vital to successful intervention for children with serious emotional disturbance.
(2) Services to address mental health needs are one part of a broad array of services which should be available to Idaho’s children with special needs. Such services shall maximize the preservation of the family, by coordination and collaboration of services with schools and community. The department of health and welfare, the department of education, the department of juvenile corrections, school districts, counties and any other appropriate entities, shall cooperate and collaborate in planning, developing and providing services, and shall consult with counties and private providers of mental health services.
(3) Services shall be individually planned to meet the unique needs of each child and family. Such planning shall include the parent, guardian or surrogate parent(s) of each child. The continuum of services shall include, but not be limited to, individual and family counseling, crisis intervention services, day treatment, respite care, therapeutic foster homes, family support services, residential treatment and inpatient services. These services shall be available to meet the needs of Idaho’s children with serious emotional disturbance or mental illness and their families. Services shall be provided without requiring that parents relinquish custody of the child.
(4) This chapter is intended to achieve, and shall be construed to promote, these legislative purposes:
(a) To empower families of children with serious emotional disturbance to determine their own needs and to make decisions and choices, concerning them;
(b) To give families of children with serious emotional disturbance the support they need, to maintain a stable, nurturing home environment for the children, and to respond to the needs of the entire family, without requiring families to accept services that they do not desire or seek;
(c) To utilize out-of-home placement only after families are provided supportive services and those services are inadequate to provide a reasonable level of safety and well-being for the child and family, or when an emergency exists which requires immediate intervention. Any placement of a child out of home shall follow the principles of least restrictive alternative placement as defined in this chapter and shall be for the shortest period of time necessary to provide for the safety and well-being of the child and family;
(d) To plan, develop, deliver, and evaluate services for children with serious emotional disturbance in an efficient, coordinated and collaborative statewide system, of individualized services;
(e) To provide services in settings that are close to the patterns and norms of society and sensitive to the regional, cultural, and ethnic characteristics of Idaho’s families and communities;
(f) To provide services for families as close to their home communities as possible and to promote integration of families into their communities;
(g) To make use of the capacities of local communities to complement existing public and private community resources, including natural and informal supports provided by family and friends;
(h) To give priority to planning, developing, implementing, and evaluating children’s mental health services to prevent, ameliorate, or reduce the impact of serious emotional disturbance on families;
(i) To assist all state and local public and private agencies and service providers to provide appropriate, flexible, and cost-effective home and community-based services for families;
(j) All state agencies providing services to children with serious emotional disturbances prior to the passage of this chapter shall maintain their existing level of services to this population.
(5) All department and private providers acting under this chapter shall:
(a) Identify and coordinate all available resources, both formal and informal, public and private, so that the needs of families can be met and their strengths can be applied;
(b) Include participation of families with children with serious emotional disturbance in all phases of planning, developing, implementing, and evaluating the programs that affect them;
(c) Be flexible, so that families will have power to decide what services to use, how to use them, and how often to use them;
(d) Apply a family centered approach in working with families;
(e) Respect a family’s method of problem solving and their preferred methods of communication;
(f) Be sensitive to families’ social, economic, physical and other environments;
(g) Disseminate information so that eligible families will know of the availability of services;
(h) Provide services in a manner to ensure uninterrupted and consistent availability of services between children’s and adult services when the child reaches the age of majority;
(i) Refrain from any discrimination on the basis of race, gender, religion, ethnicity, national origin, or disabling condition in the employment of individuals, and in providing services.
[16-2402, added 1997, ch. 404, sec. 1, p. 1282.]
As used in this chapter:
(1) "Child" means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding.
(2) "Consistent with the least restrictive alternative principle" means that services are delivered in the setting that places the fewest restrictions on the personal liberty of the child and that provides the greatest integration with individuals who do not have disabilities, in typical and age-appropriate school, community and family environments, which is consistent with safe, effective and cost-effective treatment for the child and family.
(3) "Department" means the department of health and welfare.
(4) "Designated examiner" means an individual who meets the qualifications pursuant to section 66-323, Idaho Code.
(5) "Director" means the director of the state department of health and welfare.
(6) "Eligibility screening" means the collection and review of information directly related to the applicant’s mental health and level of functioning that the department uses to determine whether an applicant is eligible for children’s mental health services available through the department.
(7) "Emergency" means a situation in which the child’s condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child’s condition which cannot be eliminated by the use of supportive services or intervention by the child’s parents, or mental health professionals, and treatment in the community while the child remains in his family home.
(8) "Informed consent to treatment" means a knowing and voluntary decision to undergo a specific course of treatment, evidenced in writing, and made by an emancipated child, or a child’s parent, or guardian, who has the capacity to make an informed decision, after the staff of the facility or other provider of treatment has explained the nature and effects of the proposed treatment.
(9) "Involuntary treatment" means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code.
(10) "Lacks capacity to make an informed decision concerning treatment" means that the parent is unable to understand the nature and effects of hospitalization or treatment, or is unable to engage in a rational decision-making process regarding such hospitalization or treatment, as evidenced by an inability to weigh the risks and benefits, despite conscientious efforts to explain them in terms that the parent can understand.
(11) "Likely to cause harm to himself or to suffer substantial mental or physical deterioration" means that, as evidenced by recent behavior, the child:
(a) Is likely in the near future to inflict substantial physical injury upon himself;
(b) Is likely to suffer significant deprivation of basic needs such as food, clothing, shelter, health or safety; or
(c) Will suffer a substantial increase or persistence of symptoms of mental illness or serious emotional disturbance which is likely to result in an inability to function in the community without risk to his safety or well-being or the safety or well-being of others, and which cannot be treated adequately with available home and community-based outpatient services.
(12) "Likely to cause harm to others" means that, as evidenced by recent behavior causing, attempting, or threatening such harm with the apparent ability to complete the act, a child is likely to cause physical injury or physical abuse to another person.
(13) "Parent" means a person who, by birth or through adoption, is considered legally responsible for a child. The term "guardian" is not included in the definition of parent.
(14) "Protection and advocacy system" means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U.S.C. 6042 and 42 U.S.C. 10801 et seq.
(15) "Serious emotional disturbance" means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child’s functioning to be impaired in thought, perception, affect or behavior. A disorder shall be considered to "result in a serious disability" if it causes substantial impairment of functioning in family, school or community that is measured by and documented through the use of a standardized instrument approved by the department and conducted or supervised by a qualified clinician. A substance abuse disorder does not, by itself, constitute a serious emotional disturbance, although it may coexist with serious emotional disturbance.
(16) "Special therapy" means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules.
(17) "Surrogate parent" means any person appointed to act in the place of the parent of a child for purposes of developing an individual education program under the authority of the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended.
(18) "Teens at risk" means individuals attending Idaho secondary public schools who have been identified as expressing or exhibiting indications of depression, suicidal inclination, emotional trauma, substance abuse or other behaviors or symptoms that indicate the existence of, or that may lead to, the development of mental illness or substance abuse.
(19) "Treatment facility" means a facility or program meeting applicable licensing standards that has been approved for the provision of services under this chapter by the department of health and welfare.
[16-2403, added 1997, ch. 404, sec. 1, p. 1284; am. 2003, ch. 249, sec. 1, p. 642; am. 2007, ch. 309, sec. 1, p. 870; am. 2008, ch. 219, sec. 1, p. 678; am. 2019, ch. 46, sec. 1, p. 126; am. 2025, ch. 110, sec. 1, p. 574; am. 2025, ch. 178, sec. 1, p. 841.]
(1) Lead agency. The department of health and welfare shall be the lead agency in establishing and coordinating community supports, services and treatment for children with serious emotional disturbance and their families, utilizing public and private resources available in the child’s community. Such resources shall be utilized to provide services consistent with the least restrictive alternative principle, to assist the child’s family to care for the child in his home and community whenever possible. The state department of education shall be the lead agency for educational services.
(2) Planning. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, and local school districts shall collaborate and cooperate in planning and developing comprehensive mental health services and individual treatment and service plans for children with serious emotional disturbance making the best use of public and private resources to provide or obtain needed services and treatment.
(3) Teens at risk. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, courts and local school districts may collaborate and cooperate in planning and developing mental health counseling, substance abuse treatment and recovery support services and individual service plans for teens at risk.
(4) Contracting. The department of health and welfare shall also have the authority to enter into contracts with school districts to provide teen early intervention specialists as provided for in section 16-2404A, Idaho Code.
[16-2404, added 1997, ch. 404, sec. 1, p. 1285; am. 2007, ch. 309, sec. 2, p. 872.]
(1) The department of health and welfare shall be authorized to contract for teen early intervention specialists to work with teens at risk and their families in school districts.
(2) The teen early intervention specialist shall be a certified counselor or a social worker with a clinical background in mental health or substance abuse as prescribed by the department of health and welfare by rule.
(3) The salary paid to the teen early intervention specialist shall be equivalent to the salary paid to comparably trained and experienced individuals employed by the school district in the region in which the community resource is employed.
(4) Teen early intervention specialists shall work with individual teens at risk to offer group counseling, recovery support, suicide prevention and other mental health and substance abuse counseling services to teens as needed, regardless of mental health diagnosis.
(5) By permission of school administrators, as prescribed in rule, teens at risk not currently enrolled in a public school may, if assigned by a judge, participate in group or individual teen early intervention specialist counseling sessions or services for teens at risk as appropriate.
(6) School districts seeking to have one (1) or more teen early intervention specialists placed within its district may apply to the department of health and welfare for such placement. The department of health and welfare shall establish by rule a simple application process and criteria for placement of teen early intervention specialists in districts. The number of teen early intervention specialists placed in school districts in any given year shall be limited by the funds appropriated to the teen early intervention specialist program in that fiscal year. In evaluating applications for the three (3) year pilot project, the department of health and welfare shall give special consideration to rural districts and shall consider:
(a) The demonstrated need for mental health and substance abuse counseling and treatment for teens at risk in the school district;
(b) The resources and cooperation which the school district has proposed to contribute to the support of the teen early intervention specialist program for teens at risk; and
(c) The funding appropriated to the teen early intervention specialist program for teens at risk.
(7) Through an initial three (3) year period beginning at the start of the 2008 school year, the department of health and welfare shall work with local school districts where teen early intervention specialists have been placed to gather data on the effectiveness of this program. This data may be gathered and tracked through cooperative projects with Idaho colleges and universities and may include, but not be limited to:
(a) Impacts on the number and nature of teen arrests;
(b) Reductions in the number of teen suicides and suicide attempts;
(c) Changes in patterns of teen incarceration or involvement with Idaho’s juvenile justice system;
(d) Impacts on local caseloads of practitioners in the department of health and welfare;
(e) Where applicable, impacts to juvenile mental health or drug courts;
(f) Changes in academic achievement by teens at risk and by those participating in the teen early intervention specialist program; and
(g) Changes in the number and nature of student disciplinary actions in schools where teen early intervention specialists have been placed.
[16-2404A, added 2007, ch. 309, sec. 3, p. 872.]
Parents may be charged for services provided to their children by the department pursuant to section 39-3140, Idaho Code, provided that all services that are part of the child’s free appropriate public education as defined in the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended, shall be provided to the child at no cost to the parents.
[16-2405, added 1997, ch. 404, sec. 1, p. 1286; am. 2025, ch. 110, sec. 2, p. 576.]
Access to services for children with serious emotional disturbance and their families shall be voluntary whenever informed consent can be obtained. Involuntary treatment or commitment to the department’s custody shall not be required as a condition for obtaining, providing, or paying for treatment by the department. The department’s assistance with paying for a child’s treatment and other services under this chapter shall be pursuant to the rules adopted by the department and section 39-3140, Idaho Code. Department payments to service providers are only made pursuant to a written agreement between the department and the service provider. The agreement must reflect cost-effective services for the child.
(1) The family and the department may enter into a services agreement if:
(a) The child meets the department’s eligibility criteria for treatment or services; and
(b) The child and his parents request mental health services from the department; or
(c) The family requests full or partial payment for services by the department (other than payment through medical assistance, title XIX of the social security act, as amended); or
(d) The youth is involuntarily placed by the department pursuant to this chapter.
(2) For purposes of this chapter, a services agreement is a written agreement, binding on the parties, which specifies at a minimum:
(a) The legal status of the child; and
(b) The rights and obligations of the parents or guardians, the child and the department while the child is in the out-of-home placement.
(3) When a child is placed out of his home pursuant to a services agreement or a one hundred twenty (120) day involuntary treatment order by the court, the department shall have the responsibility for the child’s placement and care. The financial obligation of the family will be determined after consideration of all available payment and funding sources including title XIX of the social security act, as amended, all available third-party sources, and parent resources according to any order for child support pursuant to chapter 10, title 32, Idaho Code. Services shall not be conditioned on transfer of custody or parental rights.
[16-2406, added 1997, ch. 404, sec. 1, p. 1286; am. 2005, ch. 307, sec. 1, p. 956; am. 2025, ch. 110, sec. 3, p. 576.]
(1) Individuals may access children’s mental health services administered by the department through an eligibility screening. The eligibility screening must be directly related to the individual’s mental illness and level of functioning and must be based on the eligibility criteria described in this section.
(2) The total number of children who are eligible for mental health services shall be established by the department. The department may, in its sole discretion, limit or prioritize mental health services, define eligibility criteria, or establish the number of persons eligible based on such factors as court-ordered services, availability of funding, the degree of financial need, or the degree of clinical need.
(3) To be eligible for voluntary children’s mental health services, the individual must:
(a) Be under eighteen (18) years of age;
(b) Reside within the state of Idaho;
(c) Have a DSM-5-TR mental health diagnosis. A substance use disorder alone or a developmental disorder alone does not constitute an eligible mental health diagnosis, although one (1) or more of these conditions may coexist with an eligible mental health diagnosis; and
(d) Have a substantial functional impairment as assessed by using the department’s approved tool.
[16-2406A, added 2025, ch. 178, sec. 2, p. 843.]
When the department provides services under this chapter, such services shall be provided on a voluntary basis whenever informed consent can be obtained, and the department shall ensure that services made available to children subject to involuntary treatment orders are also available on a comparable basis to children seeking services on a voluntary basis.
(1) Admission of children. A treatment facility may admit a child after examining the child and interviewing the family, if a clinician with authority to admit patients to the facility determines that the child is seriously emotionally disturbed and is in need of hospitalization or residential services and, the child’s parent, custodian or guardian give such consent to treatment. Prior to such admission, the child and his parent, custodian or guardian shall be advised orally and given a written statement of his rights under this chapter as provided in section 16-2426, Idaho Code, provided that, if the condition of the child is such that notice and advice of his rights would be ineffective, and this determination is recorded in the child’s record, such advice to the child may be deferred until the child’s mental and emotional condition permits, but for no more than forty-eight (48) hours. Each child and parent shall be asked to sign an acknowledgment that they have been so advised, and this acknowledgment shall be kept in the child’s record.
(2) A child shall not be voluntarily admitted to a facility operated by the department unless evaluated and referred by a person on the staff of the regional family and children’s services program.
(3) When a child is in a voluntary, out-of-home placement which is funded in whole or in part by state or federal funds, the department may have the propriety of the placement reviewed by the district court of the county in which the child is placed or the county of the child’s residence every one hundred eighty (180) days after placement or as required by statutes which govern federal funding for children who are placed out of their homes.
[16-2407, added 1997, ch. 404, sec. 1, p. 1286.]
Any child who is voluntarily admitted to a treatment facility upon the consent of his parents or guardian shall be discharged within three (3) business days of a written request for discharge by the consenting person unless such request is withdrawn in writing or there is other legal authority to hold the child at the facility.
[16-2408, added 1997, ch. 404, sec. 1, p. 1287.]
Upon approval by the court, a child who is subject to involuntary treatment under this chapter may at any time convert to a voluntary status if informed consent to treatment can be obtained from his parent or guardian. The court shall approve conversion from involuntary to voluntary status if the court finds that:
(1) (a) The child is not likely to cause harm to himself or suffer substantial mental or physical deterioration; and
(b) The child is not likely to cause harm to others; or
(2) The conversion from involuntary to voluntary status is in the best interests of the child and consistent with the requirements of public safety.
[16-2409, added 1997, ch. 404, sec. 1, p. 1287; am. 2005, ch. 307, sec. 2, p. 957.]
A child admitted on the consent of his parents, shall have his admission reviewed at the end of a thirty (30) day period from the initial date of admission to the program. The review shall be accomplished by having the child’s treating clinician review the child’s treatment and determine whether continued out-of-home treatment at the facility is still necessary and consistent with the least restrictive alternative principle. If the clinician decides that it is, he or she shall record the findings on a form to be filed in the child’s record. The facility shall notify the child and his parents at least seven (7) days prior to the thirty (30) day review and give them an opportunity to comment on the need, if any, for continued inpatient or residential treatment. The facility shall ensure that the child and his parents are aware of the right to request discharge as set forth above.
If the facility staff determines that the parent of the child understands these rights and the parent of the child desires to continue treatment, then the facility staff shall so certify on a form designated by the department. These forms shall be kept in the child’s patient record, and sent to the child’s parent, guardian or custodian. This procedure shall take place every thirty (30) days from the date of the last admission.
[16-2410, added 1997, ch. 404, sec. 1, p. 1287.]
(1) A peace officer may take a child into protective custody and immediately transport the child to a treatment facility for emergency mental health evaluation in the absence of a court order if and only if the officer determines that an emergency situation exists as defined in this chapter, and the officer has probable cause to believe, based on personal observation and investigation, representation of the child’s parents or the recommendation of a mental health professional, that the child is suffering from serious emotional disturbance as a result of which he is likely to cause harm to himself or others or is manifestly unable to preserve his health or safety with the supports and assistance available to him and that immediate detention and treatment is necessary to prevent harm to the child or others.
(2) For purposes of this section, "health care professional" means a physician, physician’s assistant or advanced practice registered nurse, any one (1) of whom then is practicing in a hospital. A health care professional may detain a child if such person determines that an emergency situation exists as defined in this chapter, and such person has probable cause to believe that the child is suffering from a serious emotional disturbance as a result of which he is likely to cause harm to himself or others or is manifestly unable to preserve his health or safety with the supports and assistance available to him and that immediate detention and treatment is necessary to prevent harm to the child or others. If the hospital does not have an appropriate facility to provide emergency mental health care, it may cause the child to be transported to an appropriate treatment facility. The health care professional shall notify the parent or legal guardian, if known, as soon as possible and shall document in the patient’s chart the efforts to contact the parent or legal guardian. If the parent or legal guardian cannot be located or contacted, the health care professional shall cause a report to be filed as soon as possible and in no case later than twenty-four (24) hours with the Idaho department of health and welfare or an appropriate law enforcement agency. The child may not be detained against the parent or legal guardian’s explicit direction unless the child is taken into protective custody pursuant to subsection (1) of this section, except that the child may be detained for a reasonable period of time necessary for a peace officer to be summoned to the hospital to make a determination under subsection (1) of this section.
(3) If a child has been taken into protective custody by a peace officer under the provisions of this section, the officer shall immediately transport the child to a treatment facility or mental health program, such as a regional mental health center, a mobile crisis intervention program, or a therapeutic foster care facility, provided such center’s program or facility has been approved by the regional office of the department for that purpose. The department shall make a list of approved facilities available to law enforcement agencies.
(4) Upon taking the child into protective custody or detaining the child pursuant to this section, the officer or health care professional shall take reasonable precautions to safeguard and preserve the personal property of the child unless a parent or guardian or responsible relative is able to do so. Upon presenting a child to a treatment facility, the officer shall inform the staff in writing of the facts that caused him to detain the child and shall specifically state whether the child is otherwise subject to being held for juvenile or criminal offenses.
(5) If the child who is being detained by a peace officer is not released to the child’s parent, guardian or custodian, the law enforcement agency shall contact the child’s parent, guardian or custodian as soon as possible, and in no case later than twenty-four (24) hours, and shall notify the child’s parent, guardian or custodian of his status, location and the reasons for the detention of the child. If the parents cannot be located or contacted, efforts to comply with this section and the reasons for failure to make contact shall be documented in the child’s record.
[16-2411, added 1997, ch. 404, sec. 1, p. 1288; am. 2013, ch. 293, sec. 1, p. 770.]
A child may be taken into protective custody by a peace officer, or accepted by an ambulance service, and transported and presented to a treatment facility for emergency evaluation and treatment when a designated examiner certifies in writing that he has examined the child within the last seventy-two (72) hours and that on such basis he has probable cause to believe that such child is suffering from serious emotional disturbance as a result of which he is likely to:
(1) Harm himself or others; or
(2) Suffer substantial mental or physical deterioration; and
(3) Require immediate treatment to prevent such harm; and
(4) Less restrictive alternatives have been considered and the detention and treatment proposed is consistent with the least restrictive alternative principle.
[16-2412, added 1997, ch. 404, sec. 1, p. 1288.]
Upon the presentation of a child to a treatment facility pursuant to section 16-2411, Idaho Code, the facility shall accept the child and shall promptly examine him to determine whether he meets the criteria for emergency evaluation and treatment set forth below.
(1) The child shall be admitted for emergency evaluation and treatment only if a clinician with authority to admit the child determines that there is probable cause to believe that such child is suffering from serious emotional disturbance as a result of which he is likely to:
(a) Harm himself or others; or
(b) Suffer substantial mental or physical deterioration; or
(c) Cause harm to others and immediate treatment is necessary to prevent such harm; and
(d) Less restrictive alternatives have been considered and the placement and treatment proposed is consistent with the least restrictive alternative principle.
(2) If the examining physician determines that there is not probable cause to believe that the child meets the criteria for emergency evaluation and treatment, the child shall be released to his parents who shall arrange transportation. If the child was presented to the treatment facility by a law enforcement officer and was otherwise subject to detention for a juvenile or criminal offense, he shall remain under the protective custody of the law enforcement officer. The treatment facility shall notify the law enforcement officer and detain the child until law enforcement responds to transport the child to detention.
(3) The treatment facility shall advise any child admitted for emergency evaluation and treatment of the purposes and possible duration of emergency evaluation and of his rights under this chapter as soon after admission as his medical condition permits in the manner prescribed in section 16-2426, Idaho Code.
[16-2413, added 1997, ch. 404, sec. 1, p. 1289.]
Each child who is admitted to a treatment facility under section 16-2413, Idaho Code, shall, within twenty-four (24) hours of being taken into protective custody, be released to his parent or guardian, unless a court order authorizing emergency evaluation has been obtained.
(1) The evidence supporting the claim that an emergency exists with respect to the child shall be submitted to a court of competent jurisdiction. If the court finds that an emergency situation exists, it shall issue an order for emergency evaluation, which shall authorize the treatment facility to hold the child for up to forty-eight (48) hours at which time he shall be released to his parent or guardian, unless valid consent to voluntary treatment has been obtained under section 16-2407, Idaho Code, or other legal authority is sought to hold the child.
(2) Each child and parent shall also be informed orally and in writing by the evaluation facility of the purposes and the possible consequences of the proceedings, the allegations in the petition, the child’s right to communicate with an attorney, and the right to receive necessary and appropriate treatment.
(3) At all stages of the proceeding the court shall consider whether treatment may be voluntarily obtained by the child and his family. If the treatment can be voluntarily obtained, the petition shall be dismissed.
(4) The court may also order that the prosecuting attorney of the county review the appropriateness of the case for filing a petition under the child protective act or the juvenile corrections act.
(5) A child shall not be admitted under this section to a facility operated by the department unless evaluated and authorized by a staff of the regional family and children’s services program.
[16-2414, added 1997, ch. 404, sec. 1, p. 1289.]
(1) Whenever the involuntary treatment of the child requires payment from public funds, other than medicaid funds, the department, or other funding agency shall have the authority to determine the placement for the child and to make decisions concerning the purchase and provision of mental health services, consistent with the plan of treatment approved by the court.
(2) When the cost of the child’s treatment can be paid from private sources or by medicaid, the parent shall have the authority to determine the child’s placement and services, consistent with the plan of treatment approved by the court.
(3) All expenditures under the medicaid program shall be governed by the laws and rules applicable to that program.
(4) The department shall issue a disposition order within two (2) days of the order for involuntary treatment.
[16-2415, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 3, p. 957.]
(1) Children may be treated involuntarily for a period of up to one hundred twenty (120) days upon a petition filed by the treatment facility or by the parent, guardian, prosecuting attorney or other interested party. The petition shall set forth the facts supporting the allegations and, in the case of petitions filed by a treatment facility, shall describe why the child requires treatment, a detailed description of the symptoms or behaviors of the child that support the allegations in the petition, a list of the names and addresses of any witnesses the petitioner intends to call at the involuntary treatment hearing. The petition shall also contain a statement of the alternatives to court-ordered involuntary treatment that have been considered and the reasons for rejecting the alternatives. The petition shall be filed with the court and copies shall be served upon the person and upon a parent, the next of kin, guardian or custodian and the person’s attorney. The copies of the petition shall be accompanied by a notice advising of the child’s rights concerning the proceeding.
(2) Upon filing of a petition for involuntary treatment of a child who is not currently under emergency evaluation or voluntary admission, the court shall issue a summons to the child to submit to an examination by two (2) designated examiners. At least one (1) designated examiner shall be a psychiatrist, licensed physician or licensed psychologist. Each designated examiner shall promptly prepare a report on his examination and file it with the court. Copies shall be promptly served upon the child, parent, custodian, guardian and the child’s attorney.
[16-2416, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 4, p. 957.]
(1) Every child for whom a petition for involuntary treatment has been filed, shall be notified by the court sufficiently in advance to be able to prepare for the hearing and shall receive a prompt hearing. For children confined for emergency psychiatric evaluation or currently under voluntary admission, this hearing shall take place within three (3) business days of the filing of the petition.
(2) The child shall be present at the hearing unless the court finds:
(a) That he has knowingly and voluntarily waived such a right after consulting with counsel, and his counsel shall submit a verified written statement to the court explaining the attorney’s understanding of the child’s intent; or
(b) That because his behavior at the hearing is so disruptive, it cannot reasonably continue in his presence.
Hearings may be held in the treatment facility whenever the child is an inpatient at the time of the hearing.
(3) Any child who is unable to pay for counsel shall have the right to be provided with counsel at public expense to prepare for and represent him at the hearings.
(4) The prosecuting attorney shall represent the interests of the state at the hearing.
(5) The Idaho rules of evidence and the Idaho rules of civil procedure shall be applied so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.
(6) The child shall have the right:
(a) To be represented by counsel;
(b) To present evidence, including testimony of a mental health professional of his own choosing;
(c) To cross-examine witnesses;
(d) To a complete record of the proceedings;
(e) To an expeditious appeal of an adverse ruling.
(7) At the conclusion of the hearing, or within one (1) business day thereafter, the court shall make its findings.
(8) The court shall enter an order discharging the child unless it finds by clear and convincing evidence that the child satisfies all criteria for involuntary treatment in section 16-2418, Idaho Code, in which event it shall enter an involuntary treatment order as provided in section 16-2416, Idaho Code, for evaluation and treatment for a period of no longer than one hundred twenty (120) days.
(9) If at any time during a one hundred twenty (120) day (or any subsequent) period of involuntary treatment, a child is absent without permission, the involuntary treatment order constitutes a continuing authorization and responsibility to the treatment facility and to any law enforcement officer to procure his return.
[16-2417, added 1997, ch. 404, sec. 1, p. 1291.]
(1) A child may be treated involuntarily, and placed at a facility, according to the disposition of the department under section 16-2415, Idaho Code, for a period of up to one hundred twenty (120) days if, after the hearing provided in section 16-2417, Idaho Code, the court determines on the basis of clear and convincing evidence that:
(a) The child is suffering from severe emotional disturbance; and
(b) There is reasonable prospect that his illness is treatable by a facility or program operated by the department or other facility available to the department for treatment of children with serious emotional disturbance; and
(c) A child’s parent or guardian refuses or is unable to adequately provide for the treatment of the child consistent with the requirements of public safety; and
(d) As the result of serious emotional disturbance, the child is:
(i) Likely to cause harm to himself or suffer substantial mental or physical deterioration; or
(ii) Likely to cause harm to others.
(2) Within seven (7) days after entry of the order for involuntary commitment, the department of health and welfare shall develop a plan of treatment to be approved by the court which includes:
(a) A proposed placement and projections for aftercare upon completion of treatment;
(b) Specific behavioral goals by which the success of the treatment can be measured; and
(c) Evidence of attempts to involve the patient and the patient’s family in the development of the plan.
(3) The plan of treatment shall be consistent with the least restrictive alternative principle.
(4) The court may conduct a review hearing at any time to monitor compliance and to make any significant adjustment from the plan of treatment during the period of involuntary commitment.
[16-2418, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 5, p. 958.]
If an order for involuntary treatment is issued, the parents, guardian or custodian of the child will retain all parental rights, including legal custody of the child, or the orders for involuntary treatment and disposition. The department of health and welfare shall acquire physical custody of the child and the right to determine the disposition and placement of the child whenever the placement requires the expenditure of public funds as provided in section 16-2415, Idaho Code, consistent with the plan of treatment approved by the court.
[16-2419, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 6, p. 959.]
Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child’s parent, or guardian, or other interested party.
(1) The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child’s parent, custodian, or guardian, and the child’s attorney.
(2) The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code.
(3) The court shall order that the child be discharged unless it determines by clear and convincing evidence that:
(a) The child still satisfies the criteria for involuntary treatment; and
(b) That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment.
(4) Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.
[16-2420, added 1997, ch. 404, sec. 1, p. 1292.]
A child may waive the right to be present at any hearing to which he is entitled under this section by filing a written waiver that the court finds is knowingly and voluntarily executed by the child. The child’s attorney shall consult with him and determine whether the child understands his rights and desires to waive his right to be present at the hearing. The attorney shall then submit a verified written statement to the court explaining the attorney’s understanding of the child’s intent. By waiving the right to be present at the hearing, the child waives no other rights.
[16-2421, added 1997, ch. 404, sec. 1, p. 1293.]
(1) A facility may not administer any treatments or medications to a child admitted to the facility as a voluntary patient under section 16-2407, Idaho Code, unless the parent, guardian or custodian of the child has given informed consent to the treatment, except that emergency or medically necessary treatments may be given without informed consent, if delay in treatment may cause harm to the child, and the parent, guardian, or custodian of the child is not available. Nothing in this subsection shall apply to electroconvulsive therapy.
(2) Electroconvulsive therapy may be administered to a child fourteen (14) years of age or older only if:
(a) There is informed consent by the parent, guardian, or custodian of the child and all reasonable attempts have been made to contact any noncustodial parent with all information regarding the proposed therapy;
(b) The child does not object to the procedure after being informed of the proposed therapy and alternatives;
(c) No parent, guardian, or custodian of the child objects to the proposed therapy;
(d) All other accepted methods of treatment have been exhausted; such treatment is necessary to save the child’s life due to potential suicide; or such therapy is necessary to prevent irreparable injury resulting from conditions of self-harm, starvation, dehydration, or physical exhaustion bordering on serious collapse, to the extent that such condition is life threatening;
(e) The child has received thorough, independent psychiatric assessments by, and approval for the therapy from, two (2) separate american board of psychiatry-certified psychiatrists specializing in child and adolescent psychiatry, at least one (1) of whom shall demonstrate advanced certification in electroconvulsive therapy.
(f) The child is given a cognitive assessment that includes an assessment of memory, which shall be performed:
(i) Prior to administration of the therapy;
(ii) Immediately following termination of the therapy; and
(iii) Three (3) to six (6) months post administration of the therapy; and
(g) The therapy is performed in a facility licensed as a hospital pursuant to chapter 13, title 39, Idaho Code.
(3) After informed consent has been given, the parent, guardian or custodian of a child may revoke such consent at any time, by clearly communicating such revocation to facility staff. When consent has been revoked, the facility shall promptly discontinue the treatment, provided that a course of treatment, except for electroconvulsive therapy, may be concluded or phased out where necessary to avoid the harmful effects of abrupt withdrawal. The facility may require the parent, guardian, or custodian to sign a written revocation of consent before discontinuing the treatment.
(4) Except in an emergency situation, the parents of a child being treated voluntarily shall have the right to refuse any and all medications or other treatments, but electroconvulsive therapy shall never be administered unless there is compliance with subsection (2) of this section. If appropriate medications or treatments are refused, and the facility is unable to care for the child without such treatments, the facility may then discharge the child, with due care for his safety. Neither the facility nor providers shall be held liable. If the child appears to meet the criteria for involuntary treatment as specified in section 16-2418, Idaho Code, the facility may file a petition for involuntary treatment.
[16-2422, added 1997, ch. 404, sec. 1, p. 1293; am. 2024, ch. 304, sec. 1, p. 1024.]
(1) During an emergency evaluation under section 16-2413, Idaho Code, or during a period of involuntary treatment ordered under section 16-2418, Idaho Code, the treatment facility may administer necessary medications or other treatments, except for electroconvulsive treatments, to a child, consistent with good medical practice without the informed consent of the parent of the child, if it is not possible to obtain such consent.
(2) Notwithstanding subsection (1) of this section, a treatment facility shall not administer experimental treatment or any other special therapy except as provided by law or in rules promulgated by the department.
(3) No psychosurgery or electroconvulsive treatment shall be performed on a child, except by order of a court upon a finding that the treatment is necessary to prevent serious harm to the child. Consent of the parent of a child to this treatment without a court order shall be invalid and shall not be a defense against any legal action that might be brought against the provider of the treatment.
(4) Consent for other medical/surgical treatments not intended primarily to treat a child’s serious emotional disturbance shall be obtained in accordance with the applicable law.
[16-2423, added 1997, ch. 404, sec. 1, p. 1294; am. 2005, ch. 307, sec. 7, p. 959.]
(1) Every child subject to an involuntary treatment order under this chapter shall be provided with appropriate treatment in accordance with the least restrictive alternative principle that offers him a realistic prospect of improvement. Children shall be afforded treatment in facilities that conform to the applicable rules of the department, and that are able to adequately care for and treat the persons they serve.
(2) A written individual treatment plan shall be prepared, with the participation of the parents, the child (to the extent he is able), and any other persons of such parents’ choice, during voluntary admission or emergency psychiatric evaluation or, within seven (7) days of the signing of an order for involuntary treatment. The individual treatment plan shall be approved by the responsible physician, and the course of treatment actually administered shall conform to the plan.
(3) The child’s progress in attaining the objectives in the treatment plan shall be noted in his records, and the revisions to the plan shall be made as necessary. The child and the child’s parent, custodian, or guardian shall be afforded an opportunity to participate in any substantial revision of the treatment plan.
(4) A copy of the individual treatment plan shall be given to the parents and to any other person designated by such parents.
[16-2424, added 1997, ch. 404, sec. 1, p. 1294; am. 2026, ch. 245, sec. 4, p. 1043.]
(1) Competence. No right of any child shall be denied or reduced solely by the reason of his having been evaluated, or treated under this chapter. A finding of lack of capacity to make an informed decision under this chapter shall not by itself establish lack of competence for any other purpose.
(2) Right to treatment. Children subject to an involuntary treatment order under this chapter shall have the right to treatment to the extent provided in section 16-2424, Idaho Code.
(3) Healthful and humane environment. Every child shall have the right to a healthful and humane environment. Every facility shall provide a clean, safe and comfortable environment in a structure that complies with applicable licensing requirements governing physical facilities, nutrition, health and safety, and medical services, and for aspects of care for which there are no mandatory requirements, consistent with the generally accepted professional standards in Idaho. In addition, every child shall have the right to a humane psychological environment that protects him from harm or abuse, provides reasonable privacy, promotes personal dignity, and provides opportunity for improved functioning.
(4) Leaves of absence. Leaves of absence may be granted in appropriate cases at the discretion of the treatment facility. Police officers are authorized to and shall, at the request of a treatment facility, take into protective custody and return to the treatment facility any child who is subject to an order for involuntary treatment and placed by the department and any child placed by the authority of his parents who leaves without proper authorization or does not return at the end of an authorized leave of absence. The child’s parent or guardian shall be notified before any leave of absence occurs and in the event that a child is away without authorization, they shall be notified immediately.
(5) Restraints and seclusion. Every child shall have the right to be free from unnecessary or inappropriate restraints or seclusion consistent with the least restrictive alternative principle. Restraints and seclusion shall be administered only in conformity with rules adopted by the department.
(6) Corporal punishment. Every child shall have the right to be free from corporal punishment.
(7) Nutrition. Every child shall have the right to a nutritionally sound and medically appropriate diet.
(8) Exercise and recreation. Every child shall have reasonable opportunities for physical and outdoor exercise and access to recreational equipment. Reasonable limitations may be set by general rules or, for clinical reasons, in particular cases.
(9) Visitors. Every child shall have the right to receive visitors with reasonable privacy as is consistent with the treatment plan.
(a) Hours during which visitors may be received shall be limited only in the interest of effective treatment and efficiency of the facility and shall be sufficiently flexible to accommodate the individual needs of the child and his visitors.
(b) Notwithstanding the above, each resident has the right to receive visits from his physician, psychologist, clergyman or social worker in private, irrespective of visiting hours, provided that the visitor shows reasonable cause for visiting at times other than normal visiting hours.
(c) A facility may impose conditions on visits and privacy of visits if there is reason to believe that a visitor poses a substantial risk of harm to the child, or others.
(10) Communications. (a) Every child shall have the right to send and receive mail. Reasonable rules governing inspection (but not reading) of incoming mail may be established, provided that they are necessary for substantial health care purposes and that they preserve the child’s rights of privacy to the extent compatible with his clinical status.
(b) Every child shall have the right to reasonably private access to telephones, including the right to make long-distance calls to the extent he can arrange for payment for such calls.
(c) A treatment facility shall provide reasonable assistance to children in exercising their communication rights. Reasonable limitations on the use of the mail and telephones may be set by general rules. In cases of personal emergencies when other means of communication are not satisfactory, the child shall be afforded reasonable use of long-distance calls. A child who is indigent shall be furnished writing, postage and telephone facilities without charge.
(11) Practice of religion. Every child shall have the right to practice or refrain from practice of a religion. No child shall be subjected to pressure, rewards or punishments based on his decision to practice or refrain from practice of religion or of any particular religion. The treatment facility is not required to provide special assistance to persons so that they may practice a religion.
(12) Personal possessions. Every child shall have the right to keep, use and store personal possessions and to maintain and use bank accounts and other sources of personal funds, unless precluded from doing so by order of the court. Reasonable limitations may be set by general rules or, for clinical reasons, in particular cases.
(13) Nonretaliation. No child shall be subjected to retaliation or to any adverse change of conditions or treatment because of having asserted his rights.
(14) Access to counsel. A child may at any time have a telephone conversation with or be visited by his lawyer or any employee of his attorney’s firm, or a representative of the state protection and advocacy system.
(15) Medication. Each child has the right to be free from unnecessary or excessive medication.
(16) Right to education. A child who is in a treatment facility shall be provided education and training as necessary to encourage and stimulate developmental progress and achievement and as required by state and federal law. In no event shall a child be allowed to remain in a treatment facility for more than ten (10) days without receiving educational services.
[16-2425, added 1997, ch. 404, sec. 1, p. 1294.]
At the time of admission to a facility, whether the admission is voluntary or involuntary, the facility shall insure that the child is fully informed of his rights in terms that he can understand. This information shall be provided both orally and in writing. Copies of the written explanation of the child’s rights and a written, signed acknowledgement by the child and his parent that he has read and understands the rights, shall be kept in the child’s records and made available for inspection by representatives of the child and employees of the state protection and advocacy system. A statement of rights shall be posted in a common area of the facility available to residents and plainly visible.
[16-2426, added 1997, ch. 404, sec. 1, p. 1296.]
(1) The department shall not make a substantiated disposition that a child has been abused, neglected, or abandoned by a parent or guardian under the child protective act, chapter 16, title 16, Idaho Code, because of a request for inpatient hospital treatment or an out-of-home placement for the child, if the child’s recent mental health condition demonstrates that the child is likely to cause harm to himself or to suffer substantial mental or physical deterioration, and/or is likely to cause harm to others, and if the risk cannot be eliminated before returning the child to the child’s family.
(2) In order to intercept and divert children at risk of being removed from their parent’s or guardian’s custody under chapter 16, title 16, Idaho Code, the department, within one hundred eighty (180) days after the effective date of this section, shall enter into an interagency agreement with appropriate agencies for the purpose of preventing children who are not otherwise abused or neglected from entering the custody of the department for purposes of receiving services for serious emotional disturbance. The interagency agreement shall require the department to establish an interagency clinical team to review cases of children who are at the hospital or another similar treatment facility and to connect the child and his family with the appropriate services, treatment, and support in order to stabilize the child’s serious emotional disturbance and to prevent removal by the department under chapter 16, title 16, Idaho Code.
[16-2426A, added 2021, ch. 147, sec. 1, p. 399.]
(1) The responsible physician shall review periodically whether a child meets the criteria for involuntary treatment, and if he concludes that the person does not meet such criteria, he shall undertake discharge procedures.
(2) Discharge of any child may be delayed for a reasonable period of time in order to arrange transportation or lodging for the child, or for other good cause to protect the safety or well-being of the child.
(3) Involuntary treatment after discharge. A child who has been discharged from emergency evaluation, one hundred twenty (120) day involuntary treatment or a subsequent period of involuntary treatment may be subjected to further involuntary treatment only pursuant to the procedures provided in this chapter and upon a showing of new circumstances warranting such involuntary treatment which were not known at the time of discharge.
(4) Release to outpatient treatment. The responsible physician may, as part of an individual treatment plan for a child who is subject to involuntary treatment, release such child to outpatient treatment upon the condition that, if the child fails to follow through with, or respond acceptably to, such outpatient treatment, he may be returned to inpatient treatment without a court hearing during the effective period of the order, or until he meets the criteria for voluntary treatment or discharge. Within seventy-two (72) hours of his return to the facility, there must be an administrative review to determine if inpatient treatment is necessary. The review hearing must be conducted by the facility director or his designee, a physician, a social worker, psychologist, or nurse. The child and his parent, or guardian shall be given an opportunity to be represented by counsel and to present evidence and testimony.
(5) Habeas corpus. Nothing in this chapter shall limit other legal rights or remedies concerning discharge which a person may have pursuant to law, rule, regulation or policy, including the right to petition for a writ of habeas corpus.
[16-2427, added 1997, ch. 404, sec. 1, p. 1297.]
All certificates, applications, records, and reports directly or indirectly identifying a patient or former patient or an individual whose involuntary treatment has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except with the consent of the person identified or his legal guardian, if any, or as disclosure may be necessary to carry out any of the provisions of this chapter, or as a court may direct upon its determination that disclosure is necessary and that failure to make such disclosure would be contrary to public interest.
(1) No person in possession of confidential statements made by a child over the age of fourteen (14) years in the course of treatment may disclose such information to the child’s parent or others without the written permission of the child, unless such disclosure is necessary to obtain insurance coverage, to carry out the treatment plan or to prevent harm to the child or others, or unless authorized to disclose such information by order of a court.
(2) The child has the right of access to information regarding his treatment and has the right to have copies of information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with his treatment record.
(3) Nothing in this section shall prohibit the denial of access to records by a child when a physician or other mental health professional believes and notes in the child’s medical records that the disclosure would be damaging to the child. In any case, the child has the right to petition the court for an order granting access.
(4) Access to records by the state protection and advocacy system shall be governed by 42 U.S.C. 10801 et seq., as amended.
[16-2428, added 1997, ch. 404, sec. 1, p. 1297; am. 2020, ch. 82, sec. 8, p. 179.]
(1) Every child has the right to counsel to represent him at all proceedings under this chapter and to obtain the advice of an attorney at any time regarding his status under this chapter, at his or his parents’ expense. When a child has not retained an attorney and is unable to do so, or the child and his parents are unable to afford one, and proceedings under this chapter have been initiated in court, the court shall appoint an attorney to represent him in court proceedings.
(2) Every treatment facility shall establish a fair procedure for the assertion, resolution, and redress of grievances, and attempt to resolve problems and protect the rights of people treated by the facility. The child shall have the right to have a representative present at these proceedings, but not at public expense.
[16-2429, added 1997, ch. 404, sec. 1, p. 1298.]
Following disposition by the department, it is the responsibility of the county sheriff to transport the person to the treatment facility. The department must notify the sheriff of the designated treatment facility within twenty-four (24) hours of the entry of the department’s disposition order. The county and the department shall allow for transportation by a family member or a member of the family and children’s services regional program staff whenever possible and determined to be in the best interests of the child.
[16-2430, added 1997, ch. 404, sec. 1, p. 1298.]
All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of the parents of the child according to their ability to pay pursuant to section 39-3140, Idaho Code, or, if indigent, the county of such child’s residence after all personal, family and third-party resources, including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third-party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care that can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child’s behalf by, any publicly supported program or private insurer.
[16-2431, added 1997, ch. 404, sec. 1, p. 1298; am. 2025, ch. 110, sec. 4, p. 577.]
(1) Any person who knowingly and willfully gives false information or takes other wrongful action for the purpose of distorting, corrupting or interfering with the process provided in this chapter shall be subject to a civil fine, and shall be liable for injunctive relief and money damages, in addition to any other liability under law.
(2) Nothing in this chapter shall be construed as diminishing or relieving any person from their duty to report instances of child neglect or abuse under chapter 16, title 16, Idaho Code, or any liability associated with failure to make such reports.
[16-2432, added 1997, ch. 404, sec. 1, p. 1299.]
The director is authorized to promulgate rules necessary to implement this chapter that are consistent with its provisions including the development of a schedule of fees to be charged to parents by the department for services, based on the cost of services and the ability of parents to pay.
[16-2433, added 1997, ch. 404, sec. 1, p. 1299.]
(1) As used in this chapter, pronouns refer to both male and female persons equally, and articles refer to singular and plural persons and things.
(2) If any provision of this chapter or its application to any person or circumstance is held invalid, it is the legislative intent that such invalidity not affect other provisions or applications which can be given effect apart from that which is invalidated, and to this end the provisions of this chapter shall be deemed severable.
(3) This chapter is intended as a unified, general chapter covering its subject matter, and accordingly none of its provisions shall be deemed to be repealed by implication by subsequent legislation if such a construction can reasonably be avoided.
[16-2434, added 1997, ch. 404, sec. 1, p. 1299.]
As used in this chapter:
(1) "Department" means the department of health and welfare and its authorized agents.
(2) "Representative payee" means a person or organization appointed by a federal agency to receive federal benefits on behalf of a child.
[16-2501, added 2026, ch. 31, sec. 1, p. 132.]
(1) Within sixty (60) days after a child enters the department’s legal custody, and annually thereafter, the department shall determine whether the child is currently receiving or eligible to receive federal benefits administered by the social security administration or the department of veterans affairs, including survivor benefits or dependent benefits.
(2) If it is determined that a child in the legal custody of the department is already receiving federal benefits, the department shall:
(a) In consultation with the child and the child’s attorney, identify the child’s representative payee consistent with federal law; or
(b) Apply to become the child’s representative payee if no other suitable candidate is available.
(3) If the department determines that the child is eligible for federal benefits, the department shall:
(a) Apply for those benefits on behalf of the child; and
(b) If no other candidate is available, apply to become the child’s representative payee.
[16-2502, added 2026, ch. 31, sec. 1, p. 132.]
If the department is appointed to serve as the representative payee of a child in the legal custody of the department, the department shall:
(1) Establish and maintain an appropriate account to use and conserve the child’s federal benefits for current unmet needs and future needs pursuant to the requirements of the funding source and any applicable asset and resource limits;
(2) Annually review whether another qualified person, other than the department, could assume the role of representative payee and could better serve that role. If another qualified person is identified, the department shall assist in transferring the role of representative payee to such person; and
(3) Provide an annual accounting of the use, application, or conservation of the child’s federal benefits to the child, the child’s attorney, the child’s guardian, and the child’s parents if parental rights have not been terminated.
[16-2503, added 2026, ch. 31, sec. 1, p. 132.]
(1) If the department is the child’s representative payee, the department shall not use a child’s federal benefits to pay for or reimburse the department or the state of Idaho for any costs of the child’s care, maintenance, supervision, or services.
(2) The department may use such benefits to pay for the child’s unmet needs beyond what the department is obligated, is required, or has agreed to pay.
[16-2504, added 2026, ch. 31, sec. 1, p. 133.]
(1) The department shall notify the child, the child’s attorney, the child’s guardian, and the child’s parents, if parental rights have not been terminated, in writing of any application, decision, or appeal related to the child’s federal benefits.
(2) In providing notice of the denial of benefits, the department shall consult with the child and the child’s attorney and appeal the denial if it is in the child’s best interest.
[16-2505, added 2026, ch. 31, sec. 1, p. 133.]
If the department is appointed to serve as the representative payee of a child in the legal custody of the department, the department shall:
(1) Develop and implement a success sequence savings and disbursement plan for each child with conserved earned benefits. Under the plan the child may access a portion of the child’s benefits upon completion of specific milestones that promote independence and financial readiness. Such milestones may include:
(a) Obtaining a driver’s license or state identification card;
(b) Receiving a high school diploma or a recognized equivalent;
(c) Enrolling in a postsecondary education, vocational training, or apprenticeship program;
(d) Maintaining verified employment for at least six (6) consecutive months; and
(e) Completing a department-approved financial literacy or saving readiness program;
(2) Determine reasonable disbursement thresholds and amounts for each milestone; and
(3) Before the child leaves the custody of the department, ensure that the child has access to financial literacy and planning tools.
[16-2506, added 2026, ch. 31, sec. 1, p. 133.]
If the department is the child’s representative payee, upon termination of the department’s legal custody of a child, the department shall release any remaining funds to:
(1) The child, if the child is at least eighteen (18) years of age or emancipated; or
(2) The child’s parent or guardian, if the child is younger than eighteen (18) years of age and is not emancipated.
[16-2507, added 2026, ch. 31, sec. 1, p. 133.]
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