Bill Text
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LEGISLATURE OF THE STATE OF IDAHO
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Fifty-sixth Legislature
First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 185
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1
AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING
SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE FOR A STATE
POLICY INCLUDING THE PERIODIC REVIEW OF CASES IN CHILD
4 PROTECTION PROCEEDINGS,
TO PROVIDE FOR CERTAIN COORDINATED EFFORTS AND
5 ACTIONS TO
PREVENT HOMELESSNESS AND UNSTABLE HOME ENVIRONMENTS FOR CHIL-
6 DREN, TO PROVIDE
CHILDREN WITH PERMANENCY INCLUDING CONCURRENT PLANNING
7 AND TO
MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1602, IDAHO CODE,
8 TO REVISE DEFINITIONS
AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
9 16-1603, IDAHO CODE,
TO PROVIDE FOR JURISDICTION OVER CERTAIN CHILDREN AND
10 TO MAKE
TECHNICAL CORRECTIONS; AMENDING SECTION 16-1604, IDAHO CODE, TO
11 PROVIDE CORRECT
TERMINOLOGY, TO IMPOSE CERTAIN DUTIES ON
THE PARTIES
12 REGARDING
OTHER ACTIONS AND ORDERS INVOLVING A CHILD, TO
PROVIDE THAT
13 WHERE THERE ARE
CERTAIN CONFLICTING ORDERS THE CHILD PROTECTION
ORDER
14 SHALL CONTROL AND
TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 16-1605,
15 IDAHO CODE,
TO PROVIDE FOR PETITIONS IN CASES OF HOMELESSNESS OR UNSTABLE
16 HOME ENVIRONMENTS,
TO REQUIRE CERTAIN ASSERTIONS IN A PETITION WHERE
A
17 CHILD HAS
BEEN OR WILL BE REMOVED FROM THE HOME, TO STRIKE A REFERENCE TO
18 PLACEMENT DUE TO
IMMEDIATE DANGER, TO PROVIDE THAT THE COURT MAY COMBINE
19 PETITIONS AND HEARINGS
IN CERTAIN CASES AND TO MAKE TECHNICAL CORRECTIONS;
20 AMENDING SECTION
16-1606, IDAHO CODE, TO PROVIDE THAT THE CLERK OF THE
21 COURT MAY ISSUE
SUMMONS, TO DELETE A REFERENCE TO CERTAIN PERSONS BEING
22 SUMMONED INTO
COURT, TO PROVIDE FOR SUMMONS FOR HEARING, TO PROVIDE THAT
23 IN CERTAIN CASES
THE COURT MAY ENDORSE UPON THE SUMMONS AN
ORDER FOR
24 REMOVAL OF A CHILD
FROM HIS PRESENT CONDITION OR SURROUNDINGS AND MAY VEST
25 LEGAL CUSTODY
WITH THE DEPARTMENT OF HEALTH AND WELFARE OR OTHER AUTHO-
26 RIZED AGENCY AND
TO PROVIDE CERTAIN REQUIREMENTS FOR THE ENDORSEMENT;
27 AMENDING CHAPTER
16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
28 TION 16-1607A, IDAHO
CODE, TO PROVIDE FOR HEARINGS UNDER THE CHILD PROTEC-
29 TIVE ACT; AMENDING
SECTION 16-1608, IDAHO CODE, TO PROVIDE FOR PRETRIAL
30 CONFERENCES
BEFORE ADJUDICATORY HEARINGS, TO PROVIDE
FOR DELIVERY OF
31 INVESTIGATIVE REPORTS,
TO PROVIDE FOR A DETERMINATION OF JURISDICTION, TO
32 PROVIDE FOR
DECREES OF THE COURT, TO PROVIDE THAT CERTAIN INFORMATION IS
33 TO BE CONSIDERED
BY THE COURT AND TO REQUIRE THE COURT TO PLACE THE CHILD,
34 TO REQUIRE SPECIFIED
WRITTEN FINDINGS IN CERTAIN CASES, TO PROVIDE FOR THE
35 BINDING EFFECT AND
DURATION OF CERTAIN DECREES AND TO REQUIRE WRITTEN CASE
36 PLANS, TO PROVIDE
FOR THE DURATION OF CERTAIN DECREES AND TO PROVIDE FOR
37 OTHER TERMS
OF A DECREE, TO PROVIDE FOR PROTECTIVE ORDERS IN
CERTAIN
38 CASES, TO PROVIDE
FOR DISMISSAL OF CERTAIN PETITIONS; AMENDING SECTION
39 16-1609, IDAHO CODE,
TO PROVIDE FOR DELIVERY AND RECEIPT OF THE INVESTIGA-
40 TIVE REPORT AND
TO PROVIDE FOR CONSIDERATION AND USE OF THE REPORT; AMEND-
41 ING SECTION
16-1609A, IDAHO CODE, TO PROVIDE FOR REVIEW OF A REPRESENTA-
42 TIVE SELECTION OF
CERTAIN CASES BY A MULTIDISCIPLINARY TEAM AND TO PROVIDE
43 THAT LACK OF REVIEW
BY A MULTIDISCIPLINARY TEAM WILL NOT DEFEAT THE JURIS-
44 DICTION OF THE COURT
IN ANY PARTICULAR CASE AND TO MAKE A TECHNICAL COR-
45 RECTION; AMENDING
SECTION 16-1610, IDAHO CODE, TO PROVIDE FOR WRITTEN CASE
46 PLANS, TO
PROVIDE FOR NOTICE OF THE PLANNING HEARING, TO EXCLUDE FOSTER
2
1 PARENTS AS PARTIES
TO THE ACTION, TO PROVIDE THAT THE CASE PLAN
SHALL
2 INCLUDE CERTAIN
INFORMATION RELATING TO PLACEMENT AND TO PROVIDE THAT CER-
3 TAIN CONNECTIONS
OF THE CHILD TO THE COMMUNITY SHALL BE MAINTAINED WHEN-
4 EVER POSSIBLE, TO
PROVIDE FOR ENTRY INTO THE RECORD OF COURT APPROVED CASE
5 PLANS AS ORDERS
OF THE COURT AND TO PROVIDE THAT IN CERTAIN CASES
THE
6 ORDER WILL
REQUIRE REASONABLE EFFORTS TO REUNIFY THE FAMILY OR FINALIZE
7 PLACEMENT OF THE
CHILD; AMENDING SECTION 16-1611, IDAHO CODE, TO PROVIDE
8 FOR REVIEW
HEARINGS AND PERMANENCY HEARINGS, TO PROVIDE CORRECT TERMINOL-
9 OGY, TO PROVIDE
CORRECT CODE REFERENCES, TO STRIKE REFERENCE TO PETITIONS
10 FOR REVIEW,
TO PROVIDE FOR FILING BY THE DEPARTMENT OF HEALTH AND WELFARE
11 OR ANY PARTY, TO
PROHIBIT FILING OF A MOTION BY CERTAIN RESPONDENTS, TO
12 PROVIDE FOR
REVIEW OF CERTAIN CASES AND PERMANENCY PLANS, TO PROVIDE A
13 PROCEDURE FOR HEARINGS
TO REVIEW PERMANENCY PLANS, TO PROVIDE FOR HEARING
14 OFFICERS,
TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE MAY MOVE
15 THE COURT FOR RELIEF
FROM ITS DUTY TO SEEK TERMINATION OF PARENTAL RIGHTS
16 IN CERTAIN CASES
AND TO PROVIDE FOR RELIEF FROM THE DUTY IN CERTAIN CASES;
17 AMENDING SECTION
16-1612, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
18 PROVIDE CORRECT
TERMINOLOGY AND TO PROVIDE A CORRECT CODE REFERENCE;
19 AMENDING SECTION
16-1613, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
20 PROVIDE CORRECT
TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
21 SECTION 16-1614,
IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE
22 FOR THE JURISDICTION
OF THE COURT, TO PROVIDE THAT AT HEARING IT MAY BE
23 SHOWN THAT
IT IS CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN THE
24 HOME AND TO PROVIDE
FOR TEMPORARY LEGAL CUSTODY; AMENDING SECTION 16-1615,
25 IDAHO CODE, TO PROVIDE
FOR TEMPORARY LEGAL CUSTODY, TO PROVIDE CORRECT
26 CODE REFERENCES
AND TO PROVIDE THAT PETITIONS TO TERMINATE PARENTAL RIGHTS
27 SHALL BE
FILED AS MOTIONS IN EXISTING CHILD PROTECTION ACTIONS; AMENDING
28 SECTION 16-1617,
IDAHO CODE, TO PROVIDE FOR LEGAL CUSTODY; AMENDING SEC-
29 TION 16-1618,
IDAHO CODE, TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE
30 GUARDIAN AD LITEM
IN CERTAIN CHILD PROTECTION ACT CASES AND TO PROVIDE FOR
31 THE APPOINTMENT
OF SEPARATE COUNSEL FOR THE CHILD IN CERTAIN CASES,
TO
32 STRIKE A REFERENCE
TO APPOINTMENT OF COUNSEL FOR PARENTS IN CERTAIN CASES,
33 TO REQUIRE
THE APPOINTMENT OF COUNSEL FOR THE CHILD IN CERTAIN CASES AND
34 TO PROVIDE THAT
IN CERTAIN CASES THE ATTORNEY FOR THE CHILD SHALL HAVE THE
35 POWERS AND DUTIES
OF A GUARDIAN AD LITEM; AMENDING SECTION 16-1623, IDAHO
36 CODE, TO REQUIRE
THE DEPARTMENT OF HEALTH AND WELFARE TO FILE A PERMANENCY
37 PLAN AND RECOMMENDATIONS
WITH THE COURT WITHIN A SPECIFIED TIME AND TO
38 MAKE TECHNICAL
CORRECTIONS; AMENDING SECTION 56-204B, IDAHO CODE,
TO
39 DELETE A REFERENCE
TO THE DESIGNATION OF PLACES OF SHELTER BY THE MAGIS-
40 TRATE COURTS;
AMENDING SECTION 66-317, IDAHO CODE, TO PROVIDE A CORRECT
41 CODE REFERENCE;
AND AMENDING SECTION 63-324, IDAHO CODE, TO PROVIDE A COR-
42 RECT CODE REFERENCE
AND TO MAKE A TECHNICAL CORRECTION.
43 Be It Enacted by the Legislature of the
State of Idaho:
44 SECTION 1.
That Section 16-1601, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 16-1601. POLICY.
The policy of the state of Idaho is hereby declared to
47 be the establishment of a legal framework
conducive to the judicial processing
48 including periodic review of child abuse,
abandonment and neglect cases, and
49 the protection of children whose life, health
or welfare is endangered. At all
50 times the health and safety
of the child shall be the primary concern. Each
51 child coming within the purview of this
chapter shall receive, preferably in
52 his own home, the care, guidance and control
that will promote his welfare and
3
1 the best interest of the state of Idaho,
and if he is removed from the control
2 of one (1) or more
of his parents, guardian or other custodian, the state
3 shall secure adequate care for him; provided,
however, that the state of Idaho
4 shall, to the fullest extent possible, seek
to preserve, protect, enhance and
5 reunite the family relationship.
This chapter seeks to coordinate efforts by
6 state and local public agencies, in
cooperation with private agencies and
7 organizations, citizens' groups, and concerned
individuals, to:
8 (1) pPreserve
the privacy and unity of the family whenever possible;
9 (2) tTake
such actions as may be necessary and feasible to prevent the
10 abuse, neglect, or abandonment, homelessness,
or unstable home environment of
11 children;
12 (3) Take
such actions as may be necessary to provide the child with per-
13 manency including concurrent planning;
14 (4) Cclarify
for the purposes of this act the rights and responsibilities
15 of parents with joint legal or joint physical
custody of children at risk.
16 SECTION 2.
That Section 16-1602, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 16-1602. DEFINITIONS.
For purposes of this chapter:
19 (a1) "Abused"
means any case in which a child has been the victim of:
20 (1a) Conduct
or omission resulting in skin bruising, bleeding, malnutri-
21 tion, burns, fracture
of any bone, subdural hematoma, soft tissue swell-
22 ing, failure to
thrive or death, and such condition or death is not justi-
23 fiably explained,
or where the history given concerning such condition or
24 death is at variance
with the degree or type of such condition or death,
25 or the circumstances
indicate that such condition or death may not be the
26 product of an accidental
occurrence; or
27 (2b) Sexual
conduct, including rape, molestation, incest, prostitution,
28 obscene or pornographic
photographing, filming or depiction for commercial
29 purposes, or other
similar forms of sexual exploitation harming or threat-
30 ening the child's
health or welfare or mental injury to the child.
31 (b2) "Abandoned"
means the failure of the parent to maintain a normal
32 parental relationship with his child including,
but not limited to, reasonable
33 support or regular personal contact. Failure
to maintain this relationship
34 without just cause for a period
of one (1) year shall constitute prima facie
35 evidence of abandonment.
36 (c3) "Adjudicatory
hearing" means a hearing to determine:
37 (a) Whether
the child comes truth of the allegations in the
petition
38 filed under
the jurisdiction of the court pursuant to the provisions of
39 this chapter;
40 (b) Whether
continuation of the child in the home would be contrary
to
41 the child's
welfare and whether the best interests of the child require
42 protective supervision
or vesting legal custody of the child in an autho-
43 rized agency;
44 (c) Whether
aggravated circumstances as defined in section 16-1608, Idaho
45 Code, exist.
46 (d4) "Authorized
agency" means the department, a local agency, a person,
47 an organization, corporation, benevolent
society or association licensed or
48 approved by the department or the court
to receive children for control, care,
49 maintenance or placement.
50 (e5) "Child"
means an individual who is under the age of eighteen (18)
51 years.
52 (f6) "Child
advocate coordinator" means a person or entity
receiving
53 moneys from the grant administrator for
the purpose of carrying out any of the
4
1 duties as set forth in section 16-1630,
Idaho Code.
2 (g7) "Circumstances
of the child" includes, but is not limited to, the
3 joint legal custody or joint physical custody
of the child.
4 (h8) "Commit"
means to transfer legal and physical custody.
5 (i9) "Concurrent
planning" means a planning model that prepares for and
6 implements different outcomes at the same
time.
7 (10) "Court"
means district court or magistrate's division thereof, or if
8 the context requires, a magistrate or judge
thereof.
9 (j11) "Custodian"
means a person, other than a parent or legal guardian,
10 to whom legal or
joint legal custody of the child has been given by court
11 order or who is acting in loco parentis.
12 (k12) "Department"
means the department of health and welfare and
its
13 authorized representatives.
14 (l) "Disposition
hearing" means a hearing to determine whether the best
15 interests of the child require protective
supervision or vesting legal custody
16 of the child in an authorized agency.
17 (m13) "Family or
household member" shall have the same meaning as in sec-
18 tion 39-6303(3), Idaho Code.
19 (n14) "Foster
care" means twenty-four (24) hour substitute care for chil-
20 dren placed away from their parents or guardians
and for whom the state agency
21 has placement and care responsibility.
22 (15) "Grant administrator"
means any such organization or agency as may be
23 designated by the supreme court from time
to time to administer funds from the
24 guardian ad litem account in accordance
with the provisions of this chapter.
25 (o16) "Guardian
ad litem" means a person appointed by the court pursuant
26 to a guardian ad
litem volunteer program to act as special advocate for a
27 child under this chapter.
28 (p17) "Guardian
ad litem program" means the program to recruit, train and
29 coordinate volunteer persons
to serve as guardians ad litem for abused,
30 neglected or abandoned children.
31 (q18) "Law enforcement
agency" means a city police department, the prose-
32 cuting attorney of any county,
state law enforcement officers, or the office
33 of a sheriff of any county.
34 (r19) "Legal custody"
means a relationship created by order of the court,
35 which vests in a custodian the following
duties and rights:
36 (1a) To
have physical custody and control of the child, and to determine
37 where and with whom
the child shall live.
38 (2b) To supply
the child with food, clothing, shelter and
incidental
39 necessities.
40 (3c) To provide
the child with care, education and discipline.
41 (4d) To
authorize ordinary medical, dental, psychiatric, psychological,
42 or other remedial
care and treatment for the child, including care
and
43 treatment
in a facility with a program of services for children; and
to
44 authorize surgery
if the surgery is deemed by two (2) physicians licensed
45 to practice in this
state to be necessary for the child.
46 (5e) Where
the parents share legal custody, the custodian may be vested
47 with the custody
previously held by either or both parents.
48 (s20) "Mental injury"
means a substantial impairment in the intellectual
49 or psychological ability of a child
to function within a normal range of per-
50 formance and/or behavior, for short or long
terms.
51 (t21) "Neglected"
means a child:
52 (1a) Who is
without proper parental care and control, or subsistence,
53 education,
medical or other care or control necessary for his well-being
54 because of the conduct
or omission of his parents, guardian or other cus-
55 todian or
their neglect or refusal to provide them; provided, however, no
5
1 child whose parent
or guardian chooses for such child treatment by prayers
2 through spiritual
means alone in lieu of medical treatment,
shall be
3 deemed for
that reason alone to be neglected or lack parental care neces-
4 sary for his health
and well-being, but further provided this subsection
5 shall not prevent
the court from acting pursuant to section 16-1616, Idaho
6 Code; or
7 (2b) Whose
parents, guardian or other custodian are unable to discharge
8 their responsibilities
to and for the child because of incarceration, hos-
9 pitalization, or
other physical or mental incapacity; or
10 (3c) Who has
been placed for care or adoption in violation of law.
11 (22) "Permanency
hearing" means a hearing to review, approve, reject or
12 modify the permanency plan of the department,
and review reasonable efforts in
13 accomplishing the permanency plan.
14 (23) "Permanency
plan" means a plan for a continuous residence and mainte-
15 nance of nurturing relationships during
the child's minority.
16 (24) "Planning hearing"
means a hearing to:
17 (a) Review,
approve, modify or reject the case plan; and
18 (b) Review
reasonable efforts being made to rehabilitate the family; and
19 (c) Review
reasonable efforts being made to reunify the children with a
20 parent or guardian.
21 (u25) "Protective
order" means an order created by the court
granting
22 relief as delineated in section 39-6306,
Idaho Code, and shall be for a period
23 not to exceed three (3) months unless otherwise
stated herein. Failure to com-
24 ply with the order shall be a misdemeanor.
25 (v26) "Protective
supervision" means a legal status created by court order
26 in neglect and abuse
cases whereby the child is permitted to remain in his
27 home under supervision by the department.
28 (w27) "Residual
parental rights and responsibilities" means those rights
29 and responsibilities remaining
with the parents after the transfer of legal
30 custody including, but not necessarily limited
to, the right of visitation,
31 the right to consent to
adoption, the right to determine religious affilia-
32 tion, the right to family counseling when
beneficial, and the responsibility
33 for support.
34 (x28) "Shelter
care" means places designated by the department for tempo-
35 rary care of children pending court disposition
or placement.
36 SECTION 3.
That Section 16-1603, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-1603. JURISDICTION
OF THE COURTS. (1) Except as otherwise provided
39 herein, the court shall have exclusive original
jurisdiction in all proceed-
40 ings under this chapter concerning any child
living or found within the state:
41 (a) wWho
is neglected, abused or abandoned by his parents, guardian
or
42 other legal custodian,
or who is homeless; or
43 (b) wWhose
parents or other legal custodian fails or is unable to provide
44 a stable home environment.
45 (2) If the
court has taken jurisdiction over a child under subsection (1)
46 of this section, it may take jurisdiction
over another child living or having
47 custodial visitation in
the same household without the filing of a separate
48 petition if it finds all of the following:
49 (a) The other
child is living or is found within the state;
50 (b) The other
child has been exposed to or is at risk of being a victim
51 of abuse, neglect
or abandonment;
52 (c) The other
child is listed in the petition or amended petition;
53 (d) The parents
or legal guardians of the other child have notice as pro-
6
1 vided in section
16-1606, Idaho Code.
2 SECTION 4.
That Section 16-1604, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 16-1604. RETENTION
OF JURISDICTION. (1) Jurisdiction obtained by
the
5 court under this chapter shall be
retained until the child's becomes eighteen
6 (18) years of age eighteenth birthday, unless
terminated prior thereto. Such
7 jJurisdiction of the court shall not
be terminated by an order of termination
8 of parental rights if guardianship and/or
custody of the child is placed with
9 the department of health and welfare.
10 (2) The
parties have an ongoing duty to inquire concerning, and inform
11 the court as soon as possible about, any
other pending actions or current
12 orders involving the child.
In the event there are conflicting orders from
13 Idaho courts concerning the child, the child
protection order is controlling.
14 SECTION 5.
That Section 16-1605, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1605. PETITION.
(a) A petition invoking the jurisdiction of the court
17 under this chapter shall be filed in the
manner provided in this section:
18 (1) A petition
must be signed by the prosecutor or deputy attorney gen-
19 eral before being
filed with the court.
20 (2) Any
person or governmental body of this state having
evidence of
21 abuse, abandonment,
or neglect, homelessness or unstable home environment
22 of a
child may request the attorney general or prosecuting attorney
to
23 file a petition.
The prosecuting attorney of the county where the child
24 resides may file
a petition on behalf of any child whose parent, guardian,
25 or custodian
has been accused in a criminal complaint of the crime
of
26 cruel treatment
or neglect as defined in section 18-1501, Idaho Code.
27 (b) Petitions
shall be entitled "In the Matter of .............., a child
28 under the age of eighteen (18) years" and
shall be verified and set forth with
29 specificity:
30 (1) The facts
which bring the child within the provisions of this chap-
31 ter, with the actions
of each parent described therein;
32 (2) The name,
birthdate, sex, and residence address of the child;
33 (3) The name,
birthdate, sex, and residence address of all other children
34 living at
or having custodial visitation at the home where the injury to
35 the subject child
occurred;
36 (4) The names
and residence addresses of both the mother and
father,
37 guardian or
other custodian. If neither of his parents, guardian or other
38 custodian resides
or can be found within the state, or if their residence
39 addresses
are unknown, the name of any known adult
relative residing
40 within the state.;
41 (5) The names
and residence addresses of each person having sole or joint
42 legal custody of
the children described in this section.;
43 (6) Whether
or not there exists a legal document including, but not lim-
44 ited to, a
divorce decree, stipulation or parenting agreement controlling
45 the custodial status
of the children described in this section.;
46 (7) Whether
the child is in shelter care, and, if so, the type and nature
47 of the shelter care,
the circumstances necessitating such care and the
48 date and time he
was placed in such care.;
49 (8) When
any of the facts required by this section cannot be determined,
50 the petition shall
so state. The petition may be based on information and
51 belief but
in such case the petition shall state the basis of such infor-
7
1 mation and belief.;
2 (9) If the
child has been or will be removed from the home, tThe petition
3 shall state that:
4
(i) Remaining in the home was contrary to the welfare of the
child;
5
and
6
(ii) Vesting legal custody of the child in the department or
other
7
authorized agency is in the best interests of the child; and
8
(iii) Rreasonable efforts have been made prior to the
placement of
9
the child in care to prevent the removal of the child from his
home
10
or, if such efforts were not provided, that
placement was due to
11
immediate danger to the child, or that reasonable efforts to prevent
12
placement were not required as the parent
subjected the child to
13
aggravated circumstances.;
14 (10) The petition
shall state with specificity whether a parent with joint
15 legal custody or
a noncustodial parent has been notified of placement.;
16 (11) The petition
shall state whether a court has adjudicated the custo-
17 dial rights of the
parents and shall set forth the custodial status of the
18 child.;
19 (12) The court may
combine petitions and hearings where multiple petitions
20 have been filed
involving related children, parents or guardians.
21 SECTION 6.
That Section 16-1606, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 16-1606. SUMMONS.
(a) After a petition has been filed, the clerk of the
24 court may issue a summons requiring
the person or persons who have custody of
25 the child to bring the child before the
court at the adjudicatory hearing held
26 in accordance with section 16-1608, Idaho
Code. If persons have joint custody
27 of an injured, abandoned or abused child,
those persons shall be summoned into
28 court if they are found within the jurisdiction
of the court. If the person or
29 persons so summoned shall be
other than the parent or guardian of the child,
30 then eEach parent or guardian shall also
be notified in the manner hereinafter
31 provided of the pendency of the case and
the time and place set for the hear-
32 ing. A summons may shall be issued and served
requiring the appearance of each
33 parent and legal guardian,
and a summons may be issued and served for any
34 other person whose presence is required
by the child, either of his parents or
35 guardian or any other person whose presence,
in the opinion of the court, is
36 necessary.
37 (b) A copy
of the petition shall be attached to each summons.
38 (c) The
summons shall notify each of the parents, guardian or legal cus-
39 todian of their right to retain and be represented
by counsel. Each parent or
40 legal guardian of each child named in the
petition shall be notified by the
41 court of the case and of the time and place
set for the hearing.
42 (d) If
based on facts presented to the court, it appears that the child
43 should be removed from his present condition
or surroundings in order to pro-
44 tect his health or welfare because continuation
in such condition or surround-
45 ings would be contrary to the
welfare of the child and vesting legal custody
46 with the department or other authorized
agency would be in the child's best
47 interests, the court may
so order by endorsement upon the summons. The
48 endorsement shall specifically state that
continuation in the present condi-
49 tion or surroundings is contrary to the
welfare of the child and shall require
50 a peace officer or other suitable
person to take the child at once to a place
51 of shelter care designated by the court
authorized agency which shall provide
52 shelter care for the child.
53 (e) If it
appears that the child is safe in his present condition or sur-
8
1 roundings and it is not in his
best interest to remove him at this time, the
2 court may issue a protective
order based on an affidavit pending
the
3 adjudicatory hearing. If the
child is in joint custody, the protective order
4 shall state with specificity the rights
and responsibilities of each parent.
5 Each parent shall be provided with a copy
of the protective order.
6 SECTION 7.
That Chapter 16, Title 16, Idaho Code, be, and the same
is
7 hereby amended by the addition thereto of
a NEW SECTION, to be known and des-
8 ignated as Section 16-1607A, Idaho Code,
and to read as follows:
9 16-1607A.
HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under
10 this chapter shall be dealt with by the
court at hearings separate from those
11 for adults and without a jury. The
hearings shall be conducted in an informal
12 manner and may be adjourned from time to
time. The general public shall be
13 excluded, and only such persons shall be
admitted as are found by the court to
14 have a direct interest in the case. The
child may be excluded from hearings at
15 any time at the discretion of the
court. If the parent or guardian is without
16 counsel, the court shall inform them of
their right to be represented by coun-
17 sel and to appeal from any disposition or
order of the court.
18 (2) When a
child is summoned as a witness in any hearing under this act,
19 notwithstanding any other statutory provision,
parents, a counselor, a friend,
20 or other person having
a supportive relationship with the child shall, if
21 available, be permitted to remain in the
courtroom at the witness stand with
22 the child during the child's
testimony unless, in written findings made and
23 entered, the court finds
that the constitutional right of the
child's
24 parent(s), guardian(s) or other custodian(s)
to a fair hearing will be unduly
25 prejudiced.
26 (3) At any
stage of a proceeding under this chapter, if the court deter-
27 mines that it is in the best interests
of the child or society, the court may
28 cause the proceeding to be expanded or altered
to include full or partial con-
29 sideration of the cause under the juvenile
corrections act without terminating
30 the original proceeding under this chapter.
31 SECTION 8.
That Section 16-1608, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 16-1608. ADJUDICATORY
HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
34 When a petition has been filed, the court
shall set an adjudicatory hearing to
35 be held no later than thirty (30) days after
the filing of the petition.
36 (b) Proceedings
under this chapter shall be dealt with by A pretrial con-
37 ference shall be held outside the
presence of the court at a within three (3)
38 to five (5) days before the adjudicatory
hearing. separate from those for
39 adults and without a jury. The hearing
shall be conducted in an informal man-
40 ner and may be adjourned from time
to time. The general public shall be
41 excluded, and only such persons
shall be admitted as are found by Investiga-
42 tive reports required under section 16-1609,
Idaho Code, shall be delivered to
43 the court to have a direct interest in the
case. The child may be excluded
44 from the hearing at any time at the
discretion of the court. If the with cop-
45 ies to each of the parents or guardian is
without counsel, the court shall
46 inform them of their rights
to be represented by counsel and to appeal from
47 any disposition or order of the court and
other legal custodians, guardian ad
48 litem and attorney for the child
prior to the date set for the pretrial con-
49 ference.
50 (c) When a
child is summoned as a witness in any If a preponderance
of
51 the evidence at the adjudicatory
hearing under this act, notwithstanding any
9
1 other statutory provision, parents, a counselor,
a friend, or other person
2 having a supportive relationship
with shows that the child shall, if avail-
3 able, be permitted to remain in the courtroom
at the witness stand with the
4 child during the child's
testimony unless, in written findings made and
5 entered, comes within the court's finds
that the constitutional right of the
6 child's parent(s), guardian(s) or other
custodian(s) to a fair hearing will be
7 unduly prejudiced jurisdiction
under this chapter, the court shall so decree
8 and in its decree shall make a finding on
the record of the facts and conclu-
9 sions of law upon which it exercises jurisdiction
over the child.
10 (d) At
any stage of a proceeding under this chapter, in the best inter-
11 ests Upon entering its decree the court
shall consider any information rele-
12 vant to the disposition of the child
or society, the court may cause the pro-
13 ceeding to be expanded or altered to include
full or partial consideration of
14 the cause under the youth rehabilitation
act without terminating the original
15 proceeding but in any event shall:
16 (1) Place
the child under protective supervision in his own home for
an
17 indeterminate period
not to exceed the child's eighteenth birthday; or
18 (2) Vest
legal custody in the department or other authorized agency sub-
19 ject to residual
parental rights and subject to full judicial review by
20 the court
of all matters relating to the custody of the child
by the
21 department or other
authorized agency.
22 (e) If the
court vests legal custody in the department or other
autho-
23 rized agency, the court shall make detailed
written findings based on facts in
24 the record, that continuation
of residence in the home would be contrary to
25 the welfare of the child and that vesting
legal custody with the department or
26 other authorized agency would be in the
best interests of the child. In addi-
27 tion the court shall
make detailed written findings based on facts in the
28 record as to whether the department made
reasonable efforts to prevent the
29 placement of the child in foster
care, including findings, when appropriate,
30 that:
31 (1) Reasonable
efforts were made but were not successful in eliminating
32 the need for foster
care placement of the child;
33 (2) Reasonable
efforts were not made because of immediate danger to the
34 child;
35 (3) Reasonable
efforts to temporarily place the child with related per-
36 sons were made but
were not successful; or
37 (4) Reasonable
efforts were not required as the parent had subjected the
38 child to aggravated
circumstances as determined by the court including,
39 but not
limited to: abandonment; torture; chronic abuse; sexual abuse;
40 committed murder;
committed voluntary manslaughter; aided or
abetted,
41 attempted,
conspired or solicited to commit such a murder or voluntary
42 manslaughter; committed
a felony assault that results in serious bodily
43 injury to any child
of the parent; or the parental rights of the parent to
44 a sibling have been
terminated involuntarily and that as a result, a hear-
45 ing to
determine the permanent future plan for this child will be
held
46 within thirty (30)
days of this determination.
47 (f) A decree
vesting legal custody in the department shall be
binding
48 upon the department and
may continue until the child's eighteenth birthday.
49 The decree shall state that the department
shall prepare a written case plan
50 within thirty (30) days of placement.
51 (g) A decree
vesting legal custody in an authorized agency other than the
52 department shall be for a period of
time not to exceed the child's eighteenth
53 birthday, and on such other terms as the
court shall state in its decree to be
54 in the best interests of the child and which
the court finds to be acceptable
55 to such authorized agency.
10
1 (h) In order
to preserve the unity of the family system and to ensure the
2 best interests of the child whether issuing
an order of protective supervision
3 or an order of legal custody, the court
may consider extending or initiating a
4 protective order as part of
the decree. The protective order shall be deter-
5 mined as in the best interests of the child
and upon a showing of continuing
6 danger to the child. The conditions and
terms of the protective order shall be
7 clearly stated in the decree.
8 (i) If
the court does not find that the child comes within the jurisdic-
9 tion of this chapter pursuant to subsection
(c) of this section it shall dis-
10 miss the petition.
11 SECTION 9.
That Section 16-1609, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 16-1609. INVESTIGATION.
(a) Where the court has ordered an adjudicatory
14 hearing after the shelter care hearing
or when a petition is otherwise filed,
15 the court may order the department to investigate
the circumstances of the
16 child and his family and report to the court.
17 (b) The report
shall be delivered to the court with copies to each of the
18 parents or other legal custodian
at least five (5) days before the date set
19 prior to the pretrial conference for the
adjudicatory hearing. If delivered by
20 mail the report must be mailed at least
eight (8) days prior to the date of
21 received by the court
prior to the pretrial conference for the adjudicatory
22 hearing. The report shall contain a social
evaluation of the child and the
23 parents or other legal custodian and such
other information as the court shall
24 require.
25 (c) The
report shall not be considered by the court
for purposes of
26 determining whether the child comes within
the jurisdiction of the act. The
27 report may be admitted into evidence
at the adjudicatory hearing and shall be
28 used by the court only for disposition if
the child is found to be within the
29 purview of this chapter for other purposes.
30 (d) If the
court declines to order the department to investigate pursuant
31 to subsection (a) of this
section, the court shall state the reasons for so
32 declining in the record.
33 SECTION 10.
That Section 16-1609A, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1609A.
INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January
1,
36 1997, the prosecuting
attorney in each county shall be responsible for the
37 development of an interagency multidisciplinary
team or teams for investiga-
38 tion of child abuse and neglect referrals
within each county. The teams shall
39 consist of, but not be limited to, law enforcement
personnel, department of
40 health and welfare child protection risk
assessment staff, a representative of
41 the prosecuting attorney's office, and any
other person deemed to be necessary
42 due to their his special training
in child abuse investigation. Other persons
43 may participate in investigation of particular
cases at the invitation of the
44 team and as determined necessary, such as
medical personnel, school officials,
45 mental health workers, personnel from domestic
violence programs or the guard-
46 ian ad litem program.
47 (2) The teams
shall develop a written protocol for investigation of child
48 abuse cases and for
interviewing alleged victims of such abuse or neglect.
49 Each team shall develop written agreements
signed by member agencies, specify-
50 ing the role of each agency, procedures
to be followed to assess risks to the
51 child and criteria and procedures
to be followed to ensure the child victim's
11
1 safety including removal of the alleged
offender.
2 (3) Each team
member shall be trained in risk assessment, dynamics
of
3 child abuse and interviewing and investigatory
techniques.
4 (4) Each
team shall classify, assess and review all a representative
5 selection of cases referred to either the
department or to law enforcement
6 entities for investigation of child abuse
or neglect.
7 (5) Each
multidisciplinary team shall develop policies that provide for
8 an independent review of investigation procedures
utilized in cases upon com-
9 pletion of any court
actions on those cases. The procedures shall include
10 independent citizen input. Nonoffending
parents of child abuse victims shall
11 be notified of the review procedure.
12 (6) Prosecuting
attorneys of the various counties may determine
that
13 multidisciplinary teams may be most effectively
established through the use of
14 joint exercise of powers agreements among
more than one (1) county and such
15 agreements are hereby authorized.
16 (7) Lack
of review by a multidisciplinary team of a particular case does
17 not defeat the jurisdiction of the court.
18 SECTION 11.
That Section 16-1610, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1610. DECREE
-- DISPOSITION HEARING PLANNING HEARING. (a) If a prepon-
21 derance of the evidence of the adjudicatory
hearing shows that the child comes
22 within the purview of
this chapter, The department shall prepare a written
23 case plan. The case plan shall be
filed with the court shall so decree and in
24 its decree shall make a finding of the facts
and conclusions of law upon which
25 it exercises jurisdiction over the child
no later than sixty (60) days from
26 the date the child
was removed from the home or thirty (30) days after the
27 adjudicatory hearing, whichever occurs first.
Copies of the case plan shall be
28 delivered to the parents and other legal
guardians, the guardian ad litem and
29 attorney for the child.
Within five (5) days of filing the plan, the court
30 shall hold a planning hearing to determine
whether to adopt, reject or modify
31 the case plan proposed by the department.
32 (b) Upon entry
of its decree, the court may consider any information rel-
33 evant to the disposition of
Notice of the planning hearing shall be provided
34 to the parents, legal guardians,
guardians ad litem and foster parents.
35 Although foster parents are provided notice
of this hearing, they are not par-
36 ties to the child, but in any event shall:
protective act action.
37 (1) Place
the child under protective supervision in his own home for an
38 indeterminate period
not to exceed one (1) year from the date entered but
39 the court
may extend the period of time upon a showing by the authorized
40 agency that continued
supervision is necessary for the best interests of
41 the child; or
42 (2) Vest
legal custody in the department or other authorized agency sub-
43 ject to residual
parental rights and subject to full judicial review by
44 the court
of all matters relating to the custody of the child
by the
45 department or other
authorized agency. The court shall make written find-
46 ings as
to whether the department made reasonable efforts to prevent the
47 placement of the
child in foster care, including findings, when appropri-
48 ate, that:
49
(i) reasonable efforts were made but were not successful
in elimi-
50
nating the need for foster care placement of the child;
51
(ii) reasonable efforts were not made because of immediate danger
to
52
the child;
53
(iii) reasonable efforts to temporarily place the child with related
12
1
persons were made but were not successful; or
2
(iv) reasonable efforts were not required
as the parent had sub-
3
jected the child to aggravated circumstances as determined
by the
4
court including, but not limited to: abandonment; torture;
chronic
5
abuse; sexual abuse; committed murder; committed voluntary manslaugh-
6
ter; aided or abetted, attempted, conspired or solicited to
commit
7
such a murder or voluntary manslaughter; committed a felony
assault
8
that results in serious bodily injury to any child of the parent;
or
9
the parental rights of the parent to a sibling have been terminated
10
involuntarily and that as a result, a hearing to determine the perma-
11
nent future plan for this child will be held within thirty (30) days
12
of this determination. Reasonable efforts shall be made to place
the
13
child in a timely manner in accordance with the permanency plan
and
14
to complete whatever steps are necessary to finalize
the permanent
15
placement of the child. Whenever possible, the child's connections to
16
the community, including individuals with a significant relationship
17
to the child, religious organizations and community activities, will
18
be maintained through the transition.
19 (3) The court
shall make written findings that reasonable efforts
to
20 reunify are
not required as the parent had subjected the child to aggra-
21 vated circumstances
including, but not limited to: abandonment; torture;
22 chronic abuse;
sexual abuse; committed murder; committed voluntary man-
23 slaughter; aided
or abetted, attempted, conspired or solicited to commit
24 such a
murder or voluntary manslaughter; committed a felony assault that
25 results in serious
bodily injury to the child or another child of the par-
26 ent; or the parental
rights of the parent to a sibling have been termi-
27 nated involuntarily.
28 (c) A decree
vesting legal custody in the department The case plan shall
29 be binding upon set
forth reasonable efforts which will be made to make it
30 possible for the child to return to his
home and shall concurrently include a
31 plan setting forth reasonable
efforts to place the child for adoption with a
32 legal guardian or in another approved permanent
placement. Whenever possible,
33 the child's connections to the community,
including individuals with a signif-
34 icant relationship to the child, religious
organizations and community activi-
35 ties, will be maintained
through the transition. The plan shall state with
36 specificity the role of the department,
and shall state the department shall
37 prepare a written case plan
within thirty (30) days of placement designed to
38 make it possible for the child to return
to his home or may concurrently con-
39 tain reasonable efforts to place the child
for adoption or with a legal guard-
40 ian; shall state with specificity
the role of the department toward each par-
41 ent; and shall be for an indeterminate period
not to exceed one (1) year from
42 the date entered, except
that the department may file a petition with the
43 court requesting renewal of the order and
the court, after notice to the par-
44 ties and hearing and
finding, may renew the order if it finds such renewal
45 necessary to safeguard the best interests
of the child. Renewals may be made
46 during minority, but no order shall
have any force or effect beyond minority.
47 The department may petition the court at
any time to vacate any order placing
48 a child in its custody or under
its protective supervision, but must provide
49 notice of hearing to each parent having
joint custody. Upon such renewal, the
50 court shall expressly
include in its order determination of the permanency
51 plan for the child that includes whether,
and if applicable when, the child
52 will be returned to the parent, placed
for adoption and the state will file a
53 petition for termination of parental rights,
or referred for legal guardian-
54 ship or, in cases where compelling
reasons exist that it would not be in the
55 best interest of the child to terminate
parental rights, placed in another
13
1 permanent living arrangement toward each
parent and shall be for an indetermi-
2 nate period not to exceed the child's eighteenth
birthday.
3 (d) A decree
vesting legal custody in an authorized agency other than the
4 department shall be, for an indeterminate
period of time not to exceed one (1)
5 year from the date entered, but The
case plan, as approved by the court, may
6 extend the period of time during the child's
minority upon a showing by the
7 authorized agency that continued
custody or supervision is necessary for the
8 best interests of the child, and on such
other terms as shall be entered into
9 the record as an order
of the court. shall state in its decree to be in the
10 best interests of the child and which the
court finds to be acceptable to such
11 authorized agency In the absence of a finding
of aggravated circumstances as
12 provided for in section
16-1608(e)(4), Idaho Code, the court's order shall
13 provide that reasonable efforts shall be
made to reunify the family in a
14 timely manner in accordance
with the case plan or in the alternative to com-
15 plete the steps necessary to finalize the
permanent placement of the child.
16 (e) In order
to preserve the unity of the family system and to insure the
17 best interests of the child whether issuing
an order of protective supervision
18 or an order of legal custody, the court
may consider extending or initiating a
19 protective order as part of the decree.
The protective order shall be deter-
20 mined as in the best interests
of the child and upon a showing of continuing
21 danger to the child. The conditions and
terms of the protective order shall be
22 clearly stated in the decree.
23 (f) If the
court does not find that the child comes within the purview of
24 this chapter pursuant to subsection (a)
of this section it shall dismiss the
25 petition.
26 SECTION 12.
That Section 16-1611, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 16-1611.
MODIFICATION OR REVOCATION REVIEW AND PERMANENCY HEARINGS. (a)
29 A petition motion for revocation or modification
of an order issued under sec-
30 tion 16-16108, Idaho Code, or a petition
for review of the child's case may be
31 filed by either of the child's parents
or guardian ad litem the department or
32 any party; provided that
no petition motion may be filed by the respondents
33 under this section within three (3) months
of a prior hearing on care and
34 placement of the child. All persons required
to be summoned or notified of the
35 original petition pursuant
to section 16-1606, Idaho Code, shall be served
36 with notice of a petition motion for review
of a child's case.
37 (b) If the
petition motion filed under subsection (a) of this
section
38 alleges that the child's best
interests are no longer served by carrying out
39 the order issued under section 16-16108,
Idaho Code, or the department or
40 other authorized agency has failed to provide
adequate care for the child, the
41 court shall hold a hearing on the petition
motion.
42 (c) At
a hearing to consider for review of the petition filed under sub-
43 section (a) of this section the court shall
proceed according to the provi-
44 sions of subsection (b) of section
16-1608, Idaho Code. The court may dismiss
45 the petition or it may revoke or modify
the order as required by the best
46 interests of the child child's case and
permanency plan shall be held no later
47 than six (6) months after entry of the court's
order taking jurisdiction under
48 the act, and every six (6) months
thereafter, so long as the child is in the
49 custody of the department or authorized
agency.
50 (d) A hearing
shall be held to review the permanency plan of the depart-
51 ment prior to twelve (12) months
from the date the child is removed from the
52 home or the date of the court's order taking
jurisdiction under this chapter,
53 whichever occurs first. The court
shall review, approve, reject or modify the
14
1 permanency plan of the department and review
progress in accomplishing the
2 permanency plan. This permanency hearing
may be combined with the review hear-
3 ing required under subsection (c) of this
section.
4 (e) By
order of the court a hearing officer may be appointed to conduct
5 hearings under this section.
6 (f) The department
or authorized agency may petition move the court at
7 any time to vacate any order placing
a child in its custody or under its pro-
8 tective supervision.
9 (g) The department
or any party may move the court requesting relief from
10 the duty imposed on the department
pursuant to the provisions of section
11 16-1623(i), Idaho Code, that it seek termination
of parental rights. The court
12 may grant the department's motion if it
appears based on compelling reasons in
13 the record that the presumption has been
rebutted.
14 SECTION 13.
That Section 16-1612, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1612. CUSTODY
-- TIME FOR HEARING EMERGENCY REMOVAL.
17 (a) (1) A
child may be taken into custody shelter care by a peace officer
18 or other person
appointed by the court without an order issued pursuant to
19 subsection (d) of
section 16-1606 or section 16-16108, Idaho Code, only
20 where the
child is endangered in his surroundings and prompt removal is
21 necessary to prevent
serious physical or mental injury to the child.
22 (2) An alleged
offender may be removed from the home of the victim
of
23 abuse or neglect
by a peace officer or other person appointed by the court
24 without an
order, issued pursuant to subsection (e) of section 16-1606,
25 Idaho Code, only
where the child is endangered and prompt removal of an
26 alleged offender
is necessary to prevent serious physical or mental injury
27 to the child.
28 (b) When
a child is taken into custody shelter care under subsection (a)
29 of this section, he may be held for
a maximum of forty-eight (48) hours,
30 excluding Saturdays, Sundays
and holidays, unless a shelter care hearing has
31 been held pursuant to section 16-1614, Idaho
Code, and the court orders an
32 adjudicatory hearing.
33 (c) When
an alleged offender is removed from the home under subsection
34 (a) (2) of this section, a motion based
on a sworn affidavit by the department
35 must be filed simultaneously with the petition
and the court shall determine
36 at a shelter care hearing,
held within a maximum of twenty-four (24) hours,
37 excluding Saturdays, Sundays and holidays,
whether the relief sought shall be
38 granted, pending an adjudicatory
hearing. Notice of such hearing shall be
39 served upon the alleged offender at the
time of removal or other protective
40 relief.
41 SECTION 14.
That Section 16-1613, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 16-1613. EMERGENCY
REMOVAL -- NOTICE. -- PLACEMENT -- IMMUNITY. (a)
A
44 peace officer or other
person appointed by the court who takes a child into
45 custody shelter care under section 16-1612,
Idaho Code, shall immediately:
46 (1) tTake
the child to a place of shelter, and
47 (2) nNotify
the court of the action taken and the place to
which the
48 child was taken,
and,
49 (3) nNotify
each of the parents, guardian or other legal custodian that
50 the child has been
taken into custody shelter care, the type and nature of
51 shelter care, and
that the child may be held for a maximum of forty-eight
15
1 (48) hours,
excluding Saturdays, Sundays and holidays, within which time
2 there must be a
shelter care hearing.
3 (b) A peace
officer or other person appointed by the court who takes
a
4 child into custody shelter care
under section 16-1612, Idaho Code, shall not
5 be held liable either criminally or civilly
unless the action of taking the
6 child was exercised in bad faith and/or
the requirements of subsection (a) of
7 this section are not complied with.
8 SECTION 15.
That Section 16-1614, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 16-1614. SHELTER
CARE HEARING. (a) Notwithstanding any other provision of
11 this chapter, when a child is taken into
custody shelter care pursuant to sec-
12 tion 16-1612, Idaho Code, a
hearing to determine whether the child should be
13 released shall be held according to the
provisions of this section.
14 (b) Each of
the parents or custodian from whom the child was
removed
15 shall be given notice of the
shelter care hearing. Such notice shall include
16 the time, place, and purpose of the hearing;
and, that such person is entitled
17 to be represented by legal counsel. Notice
as required by this subsection
18 shall be given at least twenty-four
(24) hours before the shelter care hear-
19 ing.
20 (c) Notice
of the shelter care hearing shall be given to the parents or
21 custodian from whom the child
was removed by personal service and the return
22 of service shall be filed with the
court and to any person having joint legal
23 or physical custody of the subject child.
Provided, however, that such service
24 need not be made where the undelivered notice
is returned to the court along
25 with an affidavit stating that such
parents or custodian could not be located
26 or were out of the state.
27 (d) The shelter
care hearing may be continued for a reasonable time upon
28 request by the parent, custodian or counsel
for the child.
29 (e) If,
upon the completion of the shelter care hearing,
it is shown
30 that:
31 (1) aA petition
has been filed; and
32 (2) tThere
is reasonable cause to believe the child comes within the pur-
33 view jurisdiction
of the court under this chapter and that
reasonable
34 efforts to prevent
the placement of the child in shelter care could not be
35 provided because
of the immediate danger to the child or were provided but
36 were not
successful in eliminating the need for foster care placement of
37 the child; and
38 (3) tThe child
could not be placed in the temporary sole custody of
a
39 parent having joint
legal or physical custody; and
40 (4) It is
contrary to the welfare of the child to remain in the home; and
41 (5) Iit
is in the best interests of the child to remain
in temporary
42 shelter care pending
the conclusion of the adjudicatory hearing; or
43 (56) tThere
is reasonable cause to believe that the child comes within
44 the purview jurisdiction
of the court under this chapter, but a reasonable
45 effort to
prevent placement of the child outside
the home could be
46 affected by a protective
order safeguarding the child's welfare and main-
47 taining the
child in his present surroundings; the court shall issue,
48 within twenty-four
(24) hours of such hearing, an order of temporary legal
49 custody and/or a
protective order. Any evidence may be considered by the
50 court which is of
the type which reasonable people may rely upon.
51 (f) Upon
ordering temporary custody shelter care pursuant to subsection
52 (e) of this section, the court shall also
order an adjudicatory hearing to be
53 held as soon as possible, but in no event
later than thirty (30) days from the
16
1 date the petition was filed.
2 (g) If
the court does not find that the child should remain in shelter
3 care under subsection (e) of this section,
the child shall be released and the
4 court may dismiss the petition.
5 SECTION 16.
That Section 16-1615, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 16-1615. TERMINATION
OF PARENT-CHILD RELATIONSHIP. If the child has been
8 placed in the legal custody of the department
or under its protective supervi-
9 sion pursuant to section 16-16108, Idaho
Code, the department may petition the
10 court for termination of the parent and
child relationship in accordance with
11 chapter 20, title 16, Idaho Code. Unless
there are compelling reasons it would
12 not be in the best interest of the
child, the department shall be required to
13 file a petition to terminate parental rights
within sixty (60) days of a judi-
14 cial determination that an infant
has been abandoned or that reasonable
15 efforts, as defined in
section 16-16108(be)(2)(iv), Idaho Code, are not
16 required because the court determines the
parent has been convicted of murder
17 or voluntary manslaughter of another
sibling of the child or has aided, abet-
18 ted, attempted, conspired or solicited to
commit such murder or voluntary man-
19 slaughter and/or if the court determines
the parent has been convicted of a
20 felony assault or battery which resulted
in serious bodily injury to the child
21 or a sibling. The department
shall join as a party to the petition if such a
22 petition to terminate is filed by another
party; as well as to concurrently
23 identify, recruit, process and approve
a qualified family for adoption unless
24 it is determined that such actions would
not be in the best interest of the
25 child, or the child
is placed with a relative. If termination of parental
26 rights is granted and the child is placed
in the guardianship or legal custody
27 of the department of health and welfare
the court, upon petition, shall con-
28 duct a hearing as to the future status
of the child within twelve (12) months
29 of the order of termination of parental
rights, and every twelve (12) months
30 subsequently until the child is adopted
or is in a placement sanctioned by the
31 court. A petition to terminate
parental rights shall be filed as a motion in
32 the existing child protective action.
33 SECTION 17.
That Section 16-1617, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1617. APPEAL
-- EFFECT ON CUSTODY. An interested party aggrieved by
36 any order or decree of the court may
appeal to the district court within
37 thirty (30) days of
the filing of such order or decree. Where the order
38 affects the custody of a child, the appeal
shall be heard at the earliest
39 practicable time. The pendency of an appeal
shall not suspend the order of the
40 court regarding a child, and
it shall not discharge the child from the legal
41 custody of the authorized agency to whose
care he has been committed, unless
42 otherwise ordered by the
district court. No bond or undertaking shall be
43 required of any party appealing to the district
court under the provisions of
44 this section. Any final
order or judgment of the district court shall be
45 appealable to the supreme court of the state
of Idaho in the same manner as
46 appeals in other civil actions. The
filing of the notice of appeal shall not,
47 unless otherwise ordered, stay the order
of the district court.
48 SECTION 18.
That Section 16-1618, Idaho Code, be, and the same is hereby
49 amended to read as follows:
17
1 16-1618. RIGHT
TO COUNSEL -- GUARDIAN AD LITEM. (a) In any proceeding
2 under this chapter the court shall appoint
a guardian ad litem for the child
3 or children to serve at each stage
of the proceeding and in appropriate cases
4 may shall appoint counsel to represent the
child or guardian. The court may
5 appoint independent counsel for a parent
if the proceedings are complex, coun-
6 sel is necessary to protect the parent's
interests adequately and such inter-
7 ests are not represented adequately
by another party, and in appropriate
8 cases, may appoint separate counsel for
the child.
9 (b) If
a court does not have available to it a guardian ad litem program
10 or a sufficient number of guardians ad litem,
the court may shall appoint sep-
11 arate counsel for the child. For a child
under the age of twelve (12) years
12 the attorney will have
the powers and duties of a guardian ad litem. For a
13 child twelve (12) years of age or older,
the court may order that the counsel
14 act with or without the powers and duties
of a guardian ad litem.
15 (c) Counsel
appointed for the child under the provisions of this section
16 shall be paid for by the county unless the
party for whom counsel is appointed
17 has an independent estate sufficient to
pay such costs.
18 SECTION 19.
That Section 16-1623, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1623. POWERS
AND DUTIES OF THE DEPARTMENT. The department, working in
21 conjunction with the court and other public
and private agencies and persons,
22 shall have the primary responsibility
to implement the purpose of this chap-
23 ter. To this end, the department is empowered
and shall have the duty to do
24 all things reasonably
necessary to carry out the purpose of this chapter,
25 including, but not limited to, the following:
26 (a) The department
shall administer treatment programs for the protection
27 and care of neglected, abused and abandoned
children, and in so doing may
28 place in foster care,
shelter care, group homes or other diagnostic, treat-
29 ment, or care centers or facilities, children
of whom it has been given cus-
30 tody. The department is to be
governed by the standards found in chapter 12,
31 title 39, Idaho Code.
32 (b) On December
1, the department shall make an annual statistical report
33 to the governor covering the preceding fiscal
year showing the number and sta-
34 tus of persons in its custody and including
such other data as will provide
35 sufficient facts for sound planning in the
conservation of children and youth.
36 All officials and employees
of the state and of every county and city shall
37 furnish the department upon request, such
information within their knowledge
38 and control as the department deems
necessary. Local agencies shall report in
39 such uniform format as may be required by
the department.
40 (c) The department
shall be required to maintain a central registry for
41 the reporting of child neglect, abuse and
abandonment information.
42 (d) The
department shall make periodic evaluation of all persons in its
43 custody or under its supervision for the
purpose of determining whether exist-
44 ing orders and dispositions in individual
cases shall be modified or continued
45 in force. Evaluations may be made as frequently
as the department considers
46 desirable and shall be
made with respect to every person at intervals not
47 exceeding six (6) months. Reports of evaluation
made pursuant to this section
48 shall be filed with
the court which vested custody of the person with the
49 department. Reports of evaluation shall
be provided to persons having full or
50 partial legal or physical
custody of a child. Failure of the department to
51 evaluate a person or to reevaluate him within
six (6) months of a previous
52 examination shall not of itself entitle
the person to a change in disposition
53 but shall entitle him, his parent, guardian
or custodian or his counsel to
18
1 petition the court pursuant to section 16-1611,
Idaho Code.
2 (e) In
a consultive capacity, the department shall assist communities in
3 the development of constructive programs
for the protection, prevention and
4 care of children and youth.
5 (f) The
department shall keep written records of investigations, evalua-
6 tions, prognosis prognoses and all orders
concerning disposition or treatment
7 of every person over whom
it has legal custody. Department records shall be
8 subject to disclosure according to chapter
3, title 9, Idaho Code, unless
9 otherwise ordered by the court, the person
consents to the disclosure, or dis-
10 closure is necessary for the delivery of
services to the person. Notwithstand-
11 ing the provisions restricting
disclosure or the exemptions from disclosure
12 provided in chapter 3, title 9, Idaho Code,
all records pertaining to investi-
13 gations, the rehabilitation of youth, the
protection of children, evaluation,
14 treatment and/or disposition records pertaining
to the statutory responsibili-
15 ties of the department shall
be disclosed to any duly elected state official
16 carrying out his official functions.
17 (g) The department
shall establish appropriate administrative procedures
18 for the processing of
complaints of child neglect, abuse and abandonment
19 received and for the implementation of the
protection, treatment and care of
20 children formally or informally placed
in the custody of the department under
21 this chapter.
22 (h) The department
having been granted legal custody of a child, subject
23 to the judicial review provisions
of this subsection, shall have the right to
24 determine where and with whom the child
shall live, provided that the child
25 shall not be placed outside
the state without the court's consent. Provided
26 however, that the court shall retain jurisdiction
over the child, which juris-
27 diction shall be entered on any order or
petition granting legal custody to
28 the department, and the court shall
have jurisdiction over all matters relat-
29 ing to the child. The department shall not
place the child in the home from
30 which the court ordered the child removed
without first obtaining the approval
31 of the court.
32 (i) The department
shall give to the court any information concerning the
33 child that the court may
at any time require, but in any event shall report
34 the progress of the child under its custody
at intervals of not to exceed six
35 (6) months. The department
shall file with the court at least five (5) days
36 prior to the permanency hearing under section
16-1611, Idaho Code, the perma-
37 nency plan and recommendations of
the department. There shall be a rebuttable
38 presumption that if a child is placed in
the custody of the department and was
39 also placed in out of the home care for
a period not less than fifteen (15)
40 out of the last twenty-two (22) months from
the date the child entered shelter
41 care, the department shall
initiate a petition for termination of parental
42 rights. This presumption may be rebutted
by a finding of the court that the
43 filing of a petition for
termination of parental rights would not be in the
44 best interests of the child or reasonable
efforts have not been provided to
45 reunite the child with his family,
or the child is placed permanently with a
46 relative.
47 (j) The department
shall establish appropriate administrative procedures
48 for the conduct of administrative
reviews and hearings as required by federal
49 statute for all children committed to the
department and placed in out of the
50 home care.
51 (k) At
any time the department is considering a placement pursuant
to
52 this act, the department shall make a reasonable
effort to place the child in
53 the least disruptive environment
to the child and in so doing may consider,
54 without limitation, placement of the child
with related persons.
19
1 SECTION 20.
That Section 56-204B, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 56-204B. TEMPORARY
SHELTER CARE. The state department shall
provide
4 places of shelter which may be designated
by the magistrate courts as autho-
5 rized by law for the placement
of children for temporary care who have been
6 brought into the custody of the magistrate
courts or who have been taken into
7 custody for their protection by peace
officers. Such places of shelter may be
8 maintained by the state department or may
be licensed foster family homes or
9 licensed foster institutional facilities
employed or retained for shelter care
10 by the state department.
11 SECTION 21.
That Section 66-317, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 66-317. DEFINITIONS.
As used in this chapter, terms shall have the fol-
14 lowing meanings:
15 (a) "Department
director" means the director of the state department of
16 health and welfare.
17 (b) "Voluntary
patient" means an individual admitted to a facility for
18 evaluation pursuant to section 18-211
or 20-520, Idaho Code, or admitted to a
19 facility for treatment pursuant to section
66-318, Idaho Code.
20 (c) "Involuntary
patient" means an individual committed pursuant to sec-
21 tion 18-212, 18-214, 66-329
or 66-1201, Idaho Code, or committed pursuant to
22 section 16-16108 or 20-520, Idaho Code,
and admitted to a facility for the
23 treatment of minors.
24 (d) "Licensed
physician" means an individual licensed under the laws of
25 this state to practice medicine or a medical
officer of the government of the
26 United States while in this state in the
performance of his official duties.
27 (e) "Designated
examiner" means any person designated by the department
28 director as specially qualified by training
and experience in the diagnosis
29 and treatment of mental or mentally related
illnesses or conditions. Such per-
30 sons shall be psychiatrists,
licensed psychologists, licensed physicians, a
31 holder of an earned masters level or higher
degree in social work from an
32 accredited program, a registered nurse
with an earned masters level or higher
33 degree in psychiatric nursing from an accredited
program, or a holder of an
34 earned masters level or
higher degree in psychology from an accredited pro-
35 gram.
36 (f) "Dispositioner"
means a designated examiner employed by or under con-
37 tract with the department of health and
welfare and designated by the depart-
38 ment director to determine the appropriate
location for care and treatment of
39 involuntary patients.
40 (g) "Facility"
means any public or private hospital, sanatorium, institu-
41 tion, mental health center or other organization
designated in accordance with
42 rules adopted by the board of health and
welfare as equipped to initially
43 hold, evaluate, rehabilitate or to provide
care or treatment, or both, for the
44 mentally ill.
45 (h) "Lacks
capacity to make informed decisions about treatment" means the
46 inability, by reason of mental illness,
to achieve a rudimentary understanding
47 after conscientious efforts at explanation
of the purpose, nature, and possi-
48 ble significant risks and benefits of treatment.
49 (i) "Inpatient
treatment facility" means a facility in which an individ-
50 ual receives medical and
mental treatment for not less than a continuous
51 twenty-four (24) hour period.
52 (j) "Supervised
residential facility" means a facility, other than the
20
1 individual's home, in which the individual
lives and in which there lives, or
2 are otherwise on duty during the times
that the individual's presence is
3 expected, persons who are employed
to supervise, direct, treat or monitor the
4 individual.
5 (k) "Likely
to injure himself or others" means either:
6 (1) A substantial
risk that physical harm will be inflicted by the pro-
7 posed patient
upon his own person, as evidenced by threats or attempts to
8 commit suicide or
inflict physical harm on himself; or
9 (2) A substantial
risk that physical harm will be inflicted by the pro-
10 posed patient
upon another as evidenced by behavior which has caused such
11 harm or which places
another person or persons in reasonable fear of sus-
12 taining such harm.
13 (l) "Mentally
ill" means a person, who as a result of a substantial dis-
14 order of thought, mood, perception,
orientation, or memory, which grossly
15 impairs judgment, behavior,
capacity to recognize and adapt to reality,
16 requires care and treatment at a facility.
17 (m) "Gravely
disabled" means a person who, as the result of mental ill-
18 ness, is in danger of serious
physical harm due to the person's inability to
19 provide for his essential needs.
20 (n) "Outpatient
commitment" means a court order directing a person
to
21 comply with specified mental health
treatment requirements, not involving the
22 continuous supervision of a person in an
inpatient setting, that are reason-
23 ably designed to alleviate or
to reduce a person's illness or disability, or
24 to maintain or prevent deterioration of
the person's mental or emotional func-
25 tioning. The specified requirements may
include, but need not be limited to,
26 taking prescribed medication, reporting
to a facility to permit monitoring of
27 the person's condition, or participating
in individual or group therapy or in
28 educational or vocational programs. Outpatient
commitment may be up to one (1)
29 year.
30 SECTION 22.
That Section 66-324, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 66-324. AUTHORITY
TO RECEIVE INVOLUNTARY PATIENTS. The director of any
33 facility is authorized to receive therein
for observation, diagnosis, care and
34 treatment any individual committed to the
department director pursuant to sec-
35 tions 16-16108, 16-1814 20-520, 18-212,
18-214 or 66-329, or transferred pur-
36 suant to section 66-1201, Idaho Code.
Amendment
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
First Regular Session - 2001
Moved by Moss
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENTS TO H.B. NO. 185
1
AMENDMENT TO SECTION 1
2 On page 3 of the
printed bill, in line 10, delete ", homelessness,
or
3 unstable home environment" and insert: "or
homelessness".
4
AMENDMENTS TO SECTION 5
5 On page
6, in line 21, delete ", homelessness
or unstable home
6 environment" and insert: "or homelessness";
and in lines 30 and 31, delete
7 "provisions of this chapter" and insert:
"provisions of this chapter jurisdic-
8 tion of the court upon the grounds set forth
in section 16-1603, Idaho Code".
9
AMENDMENT TO SECTION 6
10 On page
7, in line 42, following "appears" insert: "that the court
has
11 jurisdiction upon the grounds set forth
in section 16-1603, Idaho Code, and".
12
AMENDMENTS TO SECTION 8
13 On page 9, in line
7, following "chapter" insert: "upon the grounds set
14 forth in section 16-1603,
Idaho Code"; and in line 24, following "that"
15 insert: ", in addition to the findings required
in subsection (c) of this sec-
16 tion,".
17
CORRECTIONS TO TITLE
18 On page 1, in line
5, delete "AND UNSTABLE HOME ENVIRONMENTS"; in lines 15
19 and 16, delete "OR UNSTABLE HOME ENVIRONMENTS";
in line 16, following ","
20 insert: "TO REQUIRE THAT
PETITIONS SET FORTH THE FACTS SUPPORTING CERTAIN
21 GROUNDS WHICH BRING A CHILD WITHIN THE JURISDICTION
OF THE COURT,".
Engrossed Bill (Original Bill with Amendment(s) Incorporated)
||||
LEGISLATURE OF THE STATE OF IDAHO
||||
Fifty-sixth Legislature
First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 185, As Amended
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1
AN ACT
2 RELATING TO THE CHILD PROTECTIVE ACT; AMENDING
SECTION 16-1601, IDAHO CODE, TO
3 PROVIDE FOR A STATE
POLICY INCLUDING THE PERIODIC REVIEW OF CASES IN CHILD
4 PROTECTION PROCEEDINGS,
TO PROVIDE FOR CERTAIN COORDINATED EFFORTS AND
5 ACTIONS TO
PREVENT HOMELESSNESS FOR CHILDREN, TO PROVIDE CHILDREN WITH
6 PERMANENCY INCLUDING
CONCURRENT PLANNING AND TO MAKE TECHNICAL CORREC-
7 TIONS; AMENDING
SECTION 16-1602, IDAHO CODE, TO REVISE DEFINITIONS AND TO
8 MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 16-1603, IDAHO CODE, TO PRO-
9 VIDE FOR JURISDICTION
OVER CERTAIN CHILDREN AND TO MAKE TECHNICAL CORREC-
10 TIONS; AMENDING
SECTION 16-1604, IDAHO CODE, TO PROVIDE CORRECT TERMINOL-
11 OGY, TO
IMPOSE CERTAIN DUTIES ON THE PARTIES REGARDING OTHER ACTIONS AND
12 ORDERS INVOLVING
A CHILD, TO PROVIDE THAT WHERE THERE ARE CERTAIN
CON-
13 FLICTING ORDERS
THE CHILD PROTECTION ORDER SHALL CONTROL AND TO MAKE TECH-
14 NICAL CORRECTIONS;
AMENDING SECTION 16-1605, IDAHO CODE, TO PROVIDE FOR
15 PETITIONS IN CASES
OF HOMELESSNESS, TO REQUIRE THAT PETITIONS SET FORTH
16 THE FACTS SUPPORTING
CERTAIN GROUNDS WHICH BRING A CHILD WITHIN THE JURIS-
17 DICTION OF
THE COURT, TO REQUIRE CERTAIN ASSERTIONS IN A PETITION WHERE A
18 CHILD HAS BEEN OR
WILL BE REMOVED FROM THE HOME, TO STRIKE A REFERENCE TO
19 PLACEMENT
DUE TO IMMEDIATE DANGER, TO PROVIDE THAT THE COURT MAY COMBINE
20 PETITIONS AND HEARINGS
IN CERTAIN CASES AND TO MAKE TECHNICAL CORRECTIONS;
21 AMENDING SECTION
16-1606, IDAHO CODE, TO PROVIDE THAT THE CLERK OF
THE
22 COURT MAY
ISSUE SUMMONS, TO DELETE A REFERENCE TO CERTAIN PERSONS BEING
23 SUMMONED INTO COURT,
TO PROVIDE FOR SUMMONS FOR HEARING, TO PROVIDE THAT
24 IN CERTAIN
CASES THE COURT MAY ENDORSE UPON THE SUMMONS AN
ORDER FOR
25 REMOVAL OF A CHILD
FROM HIS PRESENT CONDITION OR SURROUNDINGS AND MAY VEST
26 LEGAL CUSTODY WITH
THE DEPARTMENT OF HEALTH AND WELFARE OR OTHER AUTHO-
27 RIZED AGENCY
AND TO PROVIDE CERTAIN REQUIREMENTS FOR THE ENDORSEMENT;
28 AMENDING CHAPTER
16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
29 TION 16-1607A, IDAHO
CODE, TO PROVIDE FOR HEARINGS UNDER THE CHILD PROTEC-
30 TIVE ACT;
AMENDING SECTION 16-1608, IDAHO CODE, TO PROVIDE FOR PRETRIAL
31 CONFERENCES BEFORE
ADJUDICATORY HEARINGS, TO PROVIDE FOR DELIVERY
OF
32 INVESTIGATIVE
REPORTS, TO PROVIDE FOR A DETERMINATION OF JURISDICTION, TO
33 PROVIDE FOR DECREES
OF THE COURT, TO PROVIDE THAT CERTAIN INFORMATION IS
34 TO BE CONSIDERED
BY THE COURT AND TO REQUIRE THE COURT TO PLACE THE CHILD,
35 TO REQUIRE SPECIFIED
WRITTEN FINDINGS IN CERTAIN CASES, TO PROVIDE FOR THE
36 BINDING EFFECT AND
DURATION OF CERTAIN DECREES AND TO REQUIRE WRITTEN CASE
37 PLANS, TO
PROVIDE FOR THE DURATION OF CERTAIN DECREES AND TO PROVIDE FOR
38 OTHER TERMS OF A
DECREE, TO PROVIDE FOR PROTECTIVE ORDERS
IN CERTAIN
39 CASES, TO
PROVIDE FOR DISMISSAL OF CERTAIN PETITIONS; AMENDING SECTION
40 16-1609, IDAHO CODE,
TO PROVIDE FOR DELIVERY AND RECEIPT OF THE INVESTIGA-
41 TIVE REPORT AND
TO PROVIDE FOR CONSIDERATION AND USE OF THE REPORT; AMEND-
42 ING SECTION 16-1609A,
IDAHO CODE, TO PROVIDE FOR REVIEW OF A REPRESENTA-
43 TIVE SELECTION OF
CERTAIN CASES BY A MULTIDISCIPLINARY TEAM AND TO PROVIDE
44 THAT LACK OF REVIEW
BY A MULTIDISCIPLINARY TEAM WILL NOT DEFEAT THE JURIS-
45 DICTION OF
THE COURT IN ANY PARTICULAR CASE AND TO MAKE A TECHNICAL COR-
46 RECTION; AMENDING
SECTION 16-1610, IDAHO CODE, TO PROVIDE FOR WRITTEN CASE
2
1 PLANS, TO PROVIDE
FOR NOTICE OF THE PLANNING HEARING, TO EXCLUDE FOSTER
2 PARENTS AS
PARTIES TO THE ACTION, TO PROVIDE THAT THE CASE PLAN
SHALL
3 INCLUDE CERTAIN
INFORMATION RELATING TO PLACEMENT AND TO PROVIDE THAT CER-
4 TAIN CONNECTIONS
OF THE CHILD TO THE COMMUNITY SHALL BE MAINTAINED WHEN-
5 EVER POSSIBLE, TO
PROVIDE FOR ENTRY INTO THE RECORD OF COURT APPROVED CASE
6 PLANS AS
ORDERS OF THE COURT AND TO PROVIDE THAT IN CERTAIN CASES
THE
7 ORDER WILL REQUIRE
REASONABLE EFFORTS TO REUNIFY THE FAMILY OR FINALIZE
8 PLACEMENT
OF THE CHILD; AMENDING SECTION 16-1611, IDAHO CODE, TO PROVIDE
9 FOR REVIEW HEARINGS
AND PERMANENCY HEARINGS, TO PROVIDE CORRECT TERMINOL-
10 OGY, TO PROVIDE
CORRECT CODE REFERENCES, TO STRIKE REFERENCE TO PETITIONS
11 FOR REVIEW, TO PROVIDE
FOR FILING BY THE DEPARTMENT OF HEALTH AND WELFARE
12 OR ANY
PARTY, TO PROHIBIT FILING OF A MOTION BY CERTAIN RESPONDENTS, TO
13 PROVIDE FOR REVIEW
OF CERTAIN CASES AND PERMANENCY PLANS, TO PROVIDE
A
14 PROCEDURE
FOR HEARINGS TO REVIEW PERMANENCY PLANS, TO PROVIDE FOR HEARING
15 OFFICERS, TO PROVIDE
THAT THE DEPARTMENT OF HEALTH AND WELFARE MAY MOVE
16 THE COURT
FOR RELIEF FROM ITS DUTY TO SEEK TERMINATION OF PARENTAL RIGHTS
17 IN CERTAIN CASES
AND TO PROVIDE FOR RELIEF FROM THE DUTY IN CERTAIN CASES;
18 AMENDING SECTION
16-1612, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
19 PROVIDE CORRECT
TERMINOLOGY AND TO PROVIDE A CORRECT CODE
REFERENCE;
20 AMENDING SECTION
16-1613, IDAHO CODE, TO PROVIDE FOR EMERGENCY REMOVAL, TO
21 PROVIDE CORRECT
TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
22 SECTION 16-1614,
IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE
23 FOR THE
JURISDICTION OF THE COURT, TO PROVIDE THAT AT HEARING IT MAY BE
24 SHOWN THAT IT IS
CONTRARY TO THE WELFARE OF THE CHILD TO REMAIN IN
THE
25 HOME AND TO PROVIDE
FOR TEMPORARY LEGAL CUSTODY; AMENDING SECTION 16-1615,
26 IDAHO CODE,
TO PROVIDE FOR TEMPORARY LEGAL CUSTODY, TO PROVIDE CORRECT
27 CODE REFERENCES
AND TO PROVIDE THAT PETITIONS TO TERMINATE PARENTAL RIGHTS
28 SHALL BE FILED AS
MOTIONS IN EXISTING CHILD PROTECTION ACTIONS; AMENDING
29 SECTION 16-1617,
IDAHO CODE, TO PROVIDE FOR LEGAL CUSTODY; AMENDING SEC-
30 TION 16-1618, IDAHO
CODE, TO REQUIRE THE APPOINTMENT OF COUNSEL FOR THE
31 GUARDIAN AD LITEM
IN CERTAIN CHILD PROTECTION ACT CASES AND TO PROVIDE FOR
32 THE APPOINTMENT
OF SEPARATE COUNSEL FOR THE CHILD IN CERTAIN CASES, TO
33 STRIKE A REFERENCE
TO APPOINTMENT OF COUNSEL FOR PARENTS IN CERTAIN CASES,
34 TO REQUIRE THE APPOINTMENT
OF COUNSEL FOR THE CHILD IN CERTAIN CASES AND
35 TO PROVIDE THAT
IN CERTAIN CASES THE ATTORNEY FOR THE CHILD SHALL HAVE THE
36 POWERS AND DUTIES
OF A GUARDIAN AD LITEM; AMENDING SECTION 16-1623, IDAHO
37 CODE, TO REQUIRE
THE DEPARTMENT OF HEALTH AND WELFARE TO FILE A PERMANENCY
38 PLAN AND
RECOMMENDATIONS WITH THE COURT WITHIN A SPECIFIED TIME AND
TO
39 MAKE TECHNICAL CORRECTIONS;
AMENDING SECTION 56-204B, IDAHO CODE, TO
40 DELETE A
REFERENCE TO THE DESIGNATION OF PLACES OF SHELTER BY THE MAGIS-
41 TRATE COURTS; AMENDING
SECTION 66-317, IDAHO CODE, TO PROVIDE A CORRECT
42 CODE REFERENCE;
AND AMENDING SECTION 66-324, IDAHO CODE, TO PROVIDE A COR-
43 RECT CODE REFERENCE
AND TO MAKE A TECHNICAL CORRECTION.
44 Be It Enacted by the Legislature of the
State of Idaho:
45 SECTION 1.
That Section 16-1601, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-1601. POLICY.
The policy of the state of Idaho is hereby declared to
48 be the establishment of a legal framework
conducive to the judicial processing
49 including periodic review of
child abuse, abandonment and neglect cases, and
50 the protection of children whose life, health
or welfare is endangered. At all
51 times the health and safety of the child
shall be the primary concern. Each
52 child coming within the purview
of this chapter shall receive, preferably in
3
1 his own home, the care, guidance and control
that will promote his welfare and
2 the best interest of the state of Idaho,
and if he is removed from the control
3 of one (1) or more of his parents, guardian
or other custodian, the state
4 shall secure adequate care for him; provided,
however, that the state of Idaho
5 shall, to the fullest extent possible,
seek to preserve, protect, enhance and
6 reunite the family relationship. This chapter
seeks to coordinate efforts by
7 state and local public
agencies, in cooperation with private agencies and
8 organizations, citizens' groups, and concerned
individuals, to:
9 (1) pPreserve
the privacy and unity of the family whenever possible;
10 (2) tTake
such actions as may be necessary and feasible to prevent
the
11 abuse, neglect, or abandonment or homelessness
of children;
12 (3) Take
such actions as may be necessary to provide the child with per-
13 manency including concurrent planning;
14 (4) Cclarify
for the purposes of this act the rights and responsibilities
15 of parents with joint legal or joint physical
custody of children at risk.
16 SECTION 2.
That Section 16-1602, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 16-1602. DEFINITIONS.
For purposes of this chapter:
19 (a1) "Abused"
means any case in which a child has been the victim of:
20 (1a) Conduct
or omission resulting in skin bruising, bleeding, malnutri-
21 tion, burns, fracture
of any bone, subdural hematoma, soft tissue swell-
22 ing, failure to
thrive or death, and such condition or death is not justi-
23 fiably explained,
or where the history given concerning such condition or
24 death is at variance
with the degree or type of such condition or death,
25 or the circumstances
indicate that such condition or death may not be the
26 product of an accidental
occurrence; or
27 (2b) Sexual
conduct, including rape, molestation, incest, prostitution,
28 obscene or pornographic
photographing, filming or depiction for commercial
29 purposes, or other
similar forms of sexual exploitation harming or threat-
30 ening the child's
health or welfare or mental injury to the child.
31 (b2) "Abandoned"
means the failure of the parent to maintain a normal
32 parental relationship with his child including,
but not limited to, reasonable
33 support or regular personal contact. Failure
to maintain this relationship
34 without just cause for a period
of one (1) year shall constitute prima facie
35 evidence of abandonment.
36 (c3) "Adjudicatory
hearing" means a hearing to determine:
37 (a) Whether
the child comes truth of the allegations in the
petition
38 filed under
the jurisdiction of the court pursuant to the provisions of
39 this chapter;
40 (b) Whether
continuation of the child in the home would be contrary
to
41 the child's
welfare and whether the best interests of the child require
42 protective supervision
or vesting legal custody of the child in an autho-
43 rized agency;
44 (c) Whether
aggravated circumstances as defined in section 16-1608, Idaho
45 Code, exist.
46 (d4) "Authorized
agency" means the department, a local agency, a person,
47 an organization, corporation, benevolent
society or association licensed or
48 approved by the department or the court
to receive children for control, care,
49 maintenance or placement.
50 (e5) "Child"
means an individual who is under the age of eighteen (18)
51 years.
52 (f6) "Child
advocate coordinator" means a person or entity
receiving
53 moneys from the grant administrator for
the purpose of carrying out any of the
4
1 duties as set forth in section 16-1630,
Idaho Code.
2 (g7) "Circumstances
of the child" includes, but is not limited to, the
3 joint legal custody or joint physical custody
of the child.
4 (h8) "Commit"
means to transfer legal and physical custody.
5 (i9) "Concurrent
planning" means a planning model that prepares for and
6 implements different outcomes at the same
time.
7 (10) "Court"
means district court or magistrate's division thereof, or if
8 the context requires, a magistrate or judge
thereof.
9 (j11) "Custodian"
means a person, other than a parent or legal guardian,
10 to whom legal or
joint legal custody of the child has been given by court
11 order or who is acting in loco parentis.
12 (k12) "Department"
means the department of health and welfare and
its
13 authorized representatives.
14 (l) "Disposition
hearing" means a hearing to determine whether the best
15 interests of the child require protective
supervision or vesting legal custody
16 of the child in an authorized agency.
17 (m13) "Family or
household member" shall have the same meaning as in sec-
18 tion 39-6303(3), Idaho Code.
19 (n14) "Foster
care" means twenty-four (24) hour substitute care for chil-
20 dren placed away from their parents or guardians
and for whom the state agency
21 has placement and care responsibility.
22 (15) "Grant administrator"
means any such organization or agency as may be
23 designated by the supreme court from time
to time to administer funds from the
24 guardian ad litem account in accordance
with the provisions of this chapter.
25 (o16) "Guardian
ad litem" means a person appointed by the court pursuant
26 to a guardian ad
litem volunteer program to act as special advocate for a
27 child under this chapter.
28 (p17) "Guardian
ad litem program" means the program to recruit, train and
29 coordinate volunteer persons
to serve as guardians ad litem for abused,
30 neglected or abandoned children.
31 (q18) "Law enforcement
agency" means a city police department, the prose-
32 cuting attorney of any county,
state law enforcement officers, or the office
33 of a sheriff of any county.
34 (r19) "Legal custody"
means a relationship created by order of the court,
35 which vests in a custodian the following
duties and rights:
36 (1a) To
have physical custody and control of the child, and to determine
37 where and with whom
the child shall live.
38 (2b) To supply
the child with food, clothing, shelter and
incidental
39 necessities.
40 (3c) To provide
the child with care, education and discipline.
41 (4d) To
authorize ordinary medical, dental, psychiatric, psychological,
42 or other remedial
care and treatment for the child, including care
and
43 treatment
in a facility with a program of services for children; and
to
44 authorize surgery
if the surgery is deemed by two (2) physicians licensed
45 to practice in this
state to be necessary for the child.
46 (5e) Where
the parents share legal custody, the custodian may be vested
47 with the custody
previously held by either or both parents.
48 (s20) "Mental injury"
means a substantial impairment in the intellectual
49 or psychological ability of a child
to function within a normal range of per-
50 formance and/or behavior, for short or long
terms.
51 (t21) "Neglected"
means a child:
52 (1a) Who is
without proper parental care and control, or subsistence,
53 education,
medical or other care or control necessary for his well-being
54 because of the conduct
or omission of his parents, guardian or other cus-
55 todian or
their neglect or refusal to provide them; provided, however, no
5
1 child whose parent
or guardian chooses for such child treatment by prayers
2 through spiritual
means alone in lieu of medical treatment,
shall be
3 deemed for
that reason alone to be neglected or lack parental care neces-
4 sary for his health
and well-being, but further provided this subsection
5 shall not prevent
the court from acting pursuant to section 16-1616, Idaho
6 Code; or
7 (2b) Whose
parents, guardian or other custodian are unable to discharge
8 their responsibilities
to and for the child because of incarceration, hos-
9 pitalization, or
other physical or mental incapacity; or
10 (3c) Who has
been placed for care or adoption in violation of law.
11 (22) "Permanency
hearing" means a hearing to review, approve, reject or
12 modify the permanency plan of the department,
and review reasonable efforts in
13 accomplishing the permanency plan.
14 (23) "Permanency
plan" means a plan for a continuous residence and mainte-
15 nance of nurturing relationships during
the child's minority.
16 (24) "Planning hearing"
means a hearing to:
17 (a) Review,
approve, modify or reject the case plan; and
18 (b) Review
reasonable efforts being made to rehabilitate the family; and
19 (c) Review
reasonable efforts being made to reunify the children with a
20 parent or guardian.
21 (u25) "Protective
order" means an order created by the court
granting
22 relief as delineated in section 39-6306,
Idaho Code, and shall be for a period
23 not to exceed three (3) months unless otherwise
stated herein. Failure to com-
24 ply with the order shall be a misdemeanor.
25 (v26) "Protective
supervision" means a legal status created by court order
26 in neglect and abuse
cases whereby the child is permitted to remain in his
27 home under supervision by the department.
28 (w27) "Residual
parental rights and responsibilities" means those rights
29 and responsibilities remaining
with the parents after the transfer of legal
30 custody including, but not necessarily limited
to, the right of visitation,
31 the right to consent to
adoption, the right to determine religious affilia-
32 tion, the right to family counseling when
beneficial, and the responsibility
33 for support.
34 (x28) "Shelter
care" means places designated by the department for tempo-
35 rary care of children pending court disposition
or placement.
36 SECTION 3.
That Section 16-1603, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 16-1603. JURISDICTION
OF THE COURTS. (1) Except as otherwise provided
39 herein, the court shall have exclusive original
jurisdiction in all proceed-
40 ings under this chapter concerning any child
living or found within the state:
41 (a) wWho
is neglected, abused or abandoned by his parents, guardian
or
42 other legal custodian,
or who is homeless; or
43 (b) wWhose
parents or other legal custodian fails or is unable to provide
44 a stable home environment.
45 (2) If the
court has taken jurisdiction over a child under subsection (1)
46 of this section, it may take jurisdiction
over another child living or having
47 custodial visitation in
the same household without the filing of a separate
48 petition if it finds all of the following:
49 (a) The other
child is living or is found within the state;
50 (b) The other
child has been exposed to or is at risk of being a victim
51 of abuse, neglect
or abandonment;
52 (c) The other
child is listed in the petition or amended petition;
53 (d) The parents
or legal guardians of the other child have notice as pro-
6
1 vided in section
16-1606, Idaho Code.
2 SECTION 4.
That Section 16-1604, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 16-1604. RETENTION
OF JURISDICTION. (1) Jurisdiction obtained by
the
5 court under this chapter shall be
retained until the child's becomes eighteen
6 (18) years of age eighteenth birthday, unless
terminated prior thereto. Such
7 jJurisdiction of the court shall not
be terminated by an order of termination
8 of parental rights if guardianship and/or
custody of the child is placed with
9 the department of health and welfare.
10 (2) The
parties have an ongoing duty to inquire concerning, and inform
11 the court as soon as possible about, any
other pending actions or current
12 orders involving the child.
In the event there are conflicting orders from
13 Idaho courts concerning the child, the child
protection order is controlling.
14 SECTION 5.
That Section 16-1605, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 16-1605. PETITION.
(a) A petition invoking the jurisdiction of the court
17 under this chapter shall be filed in the
manner provided in this section:
18 (1) A petition
must be signed by the prosecutor or deputy attorney gen-
19 eral before being
filed with the court.
20 (2) Any
person or governmental body of this state having
evidence of
21 abuse, abandonment,
or neglect or homelessness of a child may request the
22 attorney general
or prosecuting attorney to file a petition. The prosecut-
23 ing attorney
of the county where the child resides may file a petition on
24 behalf of any child
whose parent, guardian, or custodian has been accused
25 in a
criminal complaint of the crime of cruel treatment or
neglect as
26 defined in section
18-1501, Idaho Code.
27 (b) Petitions
shall be entitled "In the Matter of .............., a child
28 under the age of eighteen (18) years" and
shall be verified and set forth with
29 specificity:
30 (1) The facts
which bring the child within the provisions of this chapter
31 jurisdiction of
the court upon the grounds set forth in section 16-1603,
32 Idaho Code, with
the actions of each parent described therein;
33 (2) The name,
birthdate, sex, and residence address of the child;
34 (3) The name,
birthdate, sex, and residence address of all other children
35 living at
or having custodial visitation at the home where the injury to
36 the subject child
occurred;
37 (4) The names
and residence addresses of both the mother and
father,
38 guardian or
other custodian. If neither of his parents, guardian or other
39 custodian resides
or can be found within the state, or if their residence
40 addresses
are unknown, the name of any known adult
relative residing
41 within the state.;
42 (5) The names
and residence addresses of each person having sole or joint
43 legal custody of
the children described in this section.;
44 (6) Whether
or not there exists a legal document including, but not lim-
45 ited to, a
divorce decree, stipulation or parenting agreement controlling
46 the custodial status
of the children described in this section.;
47 (7) Whether
the child is in shelter care, and, if so, the type and nature
48 of the shelter care,
the circumstances necessitating such care and the
49 date and time he
was placed in such care.;
50 (8) When
any of the facts required by this section cannot be determined,
51 the petition shall
so state. The petition may be based on information and
7
1 belief but
in such case the petition shall state the basis of such infor-
2 mation and belief.;
3 (9) If the
child has been or will be removed from the home, tThe petition
4 shall state that:
5
(i) Remaining in the home was contrary to the welfare of the
child;
6
and
7
(ii) Vesting legal custody of the child in the department or
other
8
authorized agency is in the best interests of the child; and
9
(iii) Rreasonable efforts have been made prior to the
placement of
10
the child in care to prevent the removal of the child from his
home
11
or, if such efforts were not provided, that
placement was due to
12
immediate danger to the child, or that reasonable efforts to prevent
13
placement were not required as the parent
subjected the child to
14
aggravated circumstances.;
15 (10) The petition
shall state with specificity whether a parent with joint
16 legal custody or
a noncustodial parent has been notified of placement.;
17 (11) The petition
shall state whether a court has adjudicated the custo-
18 dial rights of the
parents and shall set forth the custodial status of the
19 child.;
20 (12) The court may
combine petitions and hearings where multiple petitions
21 have been filed
involving related children, parents or guardians.
22 SECTION 6.
That Section 16-1606, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 16-1606. SUMMONS.
(a) After a petition has been filed, the clerk of the
25 court may issue a summons requiring
the person or persons who have custody of
26 the child to bring the child before the
court at the adjudicatory hearing held
27 in accordance with section 16-1608, Idaho
Code. If persons have joint custody
28 of an injured, abandoned or abused child,
those persons shall be summoned into
29 court if they are found within the jurisdiction
of the court. If the person or
30 persons so summoned shall be
other than the parent or guardian of the child,
31 then eEach parent or guardian shall also
be notified in the manner hereinafter
32 provided of the pendency of the case and
the time and place set for the hear-
33 ing. A summons may shall be issued and served
requiring the appearance of each
34 parent and legal guardian,
and a summons may be issued and served for any
35 other person whose presence is required
by the child, either of his parents or
36 guardian or any other person whose presence,
in the opinion of the court, is
37 necessary.
38 (b) A copy
of the petition shall be attached to each summons.
39 (c) The
summons shall notify each of the parents, guardian or legal cus-
40 todian of their right to retain and be represented
by counsel. Each parent or
41 legal guardian of each child named in the
petition shall be notified by the
42 court of the case and of the time and place
set for the hearing.
43 (d) If
based on facts presented to the court, it appears that the court
44 has jurisdiction upon the grounds set forth
in section 16-1603, Idaho Code,
45 and that the child should be
removed from his present condition or surround-
46 ings in order to protect his health or welfare
because continuation in such
47 condition or surroundings
would be contrary to the welfare of the child and
48 vesting legal custody with the department
or other authorized agency would be
49 in the child's best interests, the
court may so order by endorsement upon the
50 summons. The endorsement shall specifically
state that continuation in the
51 present condition or surroundings
is contrary to the welfare of the child and
52 shall require a peace officer or other suitable
person to take the child at
53 once to a place
of shelter care designated by the court authorized agency
8
1 which shall provide shelter care for the
child.
2 (e) If it
appears that the child is safe in his present condition or sur-
3 roundings and it is not in his best interest
to remove him at this time, the
4 court may issue a
protective order based on an affidavit
pending the
5 adjudicatory hearing. If the child
is in joint custody, the protective order
6 shall state with specificity
the rights and responsibilities of each parent.
7 Each parent shall be provided with a copy
of the protective order.
8 SECTION 7.
That Chapter 16, Title 16, Idaho Code, be, and the same
is
9 hereby amended by the addition thereto
of a NEW SECTION, to be known and des-
10 ignated as Section 16-1607A, Idaho Code,
and to read as follows:
11 16-1607A.
HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under
12 this chapter shall be dealt with by
the court at hearings separate from those
13 for adults and without a jury. The hearings
shall be conducted in an informal
14 manner and may be
adjourned from time to time. The general public shall be
15 excluded, and only such persons shall be
admitted as are found by the court to
16 have a direct interest in the case. The
child may be excluded from hearings at
17 any time at the discretion of the court.
If the parent or guardian is without
18 counsel, the court shall inform them of
their right to be represented by coun-
19 sel and to appeal from any disposition or
order of the court.
20 (2) When
a child is summoned as a witness in any hearing under this act,
21 notwithstanding any other statutory provision,
parents, a counselor, a friend,
22 or other person having a supportive relationship
with the child shall, if
23 available, be permitted to remain
in the courtroom at the witness stand with
24 the child during the child's testimony unless,
in written findings made and
25 entered, the court finds
that the constitutional right of the child's
26 parent(s), guardian(s) or other custodian(s)
to a fair hearing will be unduly
27 prejudiced.
28 (3) At
any stage of a proceeding under this chapter, if the court deter-
29 mines that it is in the best interests of
the child or society, the court may
30 cause the proceeding to be expanded or altered
to include full or partial con-
31 sideration of the cause under the juvenile
corrections act without terminating
32 the original proceeding under this chapter.
33 SECTION 8.
That Section 16-1608, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 16-1608. ADJUDICATORY
HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (a)
36 When a petition has been filed, the court
shall set an adjudicatory hearing to
37 be held no later than thirty (30) days after
the filing of the petition.
38 (b) Proceedings
under this chapter shall be dealt with by A pretrial con-
39 ference shall be held outside the presence
of the court at a within three (3)
40 to five (5) days
before the adjudicatory hearing. separate from those for
41 adults and without a jury. The hearing shall
be conducted in an informal man-
42 ner and may be adjourned
from time to time. The general public shall be
43 excluded, and only such persons shall be
admitted as are found by Investiga-
44 tive reports required under section 16-1609,
Idaho Code, shall be delivered to
45 the court to have
a direct interest in the case. The child may be excluded
46 from the hearing at any time at the discretion
of the court. If the with cop-
47 ies to each of the
parents or guardian is without counsel, the court shall
48 inform them of their rights to be represented
by counsel and to appeal from
49 any disposition or order of the court
and other legal custodians, guardian ad
50 litem and attorney for the child prior to
the date set for the pretrial con-
51 ference.
9
1 (c) When
a child is summoned as a witness in any If a preponderance
of
2 the evidence at the adjudicatory hearing
under this act, notwithstanding any
3 other statutory provision,
parents, a counselor, a friend, or other person
4 having a supportive relationship with shows
that the child shall, if avail-
5 able, be permitted to
remain in the courtroom at the witness stand with the
6 child during the child's testimony
unless, in written findings made and
7 entered, comes within the court's
finds that the constitutional right of the
8 child's parent(s), guardian(s) or other
custodian(s) to a fair hearing will be
9 unduly prejudiced jurisdiction under this
chapter upon the grounds set forth
10 in section 16-1603, Idaho
Code, the court shall so decree and in its decree
11 shall make a finding on the record of the
facts and conclusions of law upon
12 which it exercises jurisdiction over the
child.
13 (d) At
any stage of a proceeding under this chapter, in the best inter-
14 ests Upon entering its decree the court
shall consider any information rele-
15 vant to the disposition of the child
or society, the court may cause the pro-
16 ceeding to be expanded or altered to include
full or partial consideration of
17 the cause under the youth rehabilitation
act without terminating the original
18 proceeding but in any event shall:
19 (1) Place
the child under protective supervision in his own home for
an
20 indeterminate period
not to exceed the child's eighteenth birthday; or
21 (2) Vest
legal custody in the department or other authorized agency sub-
22 ject to residual
parental rights and subject to full judicial review by
23 the court
of all matters relating to the custody of the child
by the
24 department or other
authorized agency.
25 (e) If the
court vests legal custody in the department or other
autho-
26 rized agency, the court shall make detailed
written findings based on facts in
27 the record, that, in addition
to the findings required in subsection (c) of
28 this section, continuation of residence
in the home would be contrary to the
29 welfare of the child
and that vesting legal custody with the department or
30 other authorized agency would be in the
best interests of the child. In addi-
31 tion the court shall
make detailed written findings based on facts in the
32 record as to whether the department made
reasonable efforts to prevent the
33 placement of the child in foster
care, including findings, when appropriate,
34 that:
35 (1) Reasonable
efforts were made but were not successful in eliminating
36 the need for foster
care placement of the child;
37 (2) Reasonable
efforts were not made because of immediate danger to the
38 child;
39 (3) Reasonable
efforts to temporarily place the child with related per-
40 sons were made but
were not successful; or
41 (4) Reasonable
efforts were not required as the parent had subjected the
42 child to aggravated
circumstances as determined by the court including,
43 but not
limited to: abandonment; torture; chronic abuse; sexual abuse;
44 committed murder;
committed voluntary manslaughter; aided or
abetted,
45 attempted,
conspired or solicited to commit such a murder or voluntary
46 manslaughter; committed
a felony assault that results in serious bodily
47 injury to any child
of the parent; or the parental rights of the parent to
48 a sibling have been
terminated involuntarily and that as a result, a hear-
49 ing to
determine the permanent future plan for this child will be
held
50 within thirty (30)
days of this determination.
51 (f) A decree
vesting legal custody in the department shall be
binding
52 upon the department and
may continue until the child's eighteenth birthday.
53 The decree shall state that the department
shall prepare a written case plan
54 within thirty (30) days of placement.
55 (g) A decree
vesting legal custody in an authorized agency other than the
10
1 department shall be for a period of
time not to exceed the child's eighteenth
2 birthday, and on such other terms as the
court shall state in its decree to be
3 in the best interests of the child and which
the court finds to be acceptable
4 to such authorized agency.
5 (h) In order
to preserve the unity of the family system and to ensure the
6 best interests of the child whether issuing
an order of protective supervision
7 or an order of legal custody, the court
may consider extending or initiating a
8 protective order as part of
the decree. The protective order shall be deter-
9 mined as in the best interests of the child
and upon a showing of continuing
10 danger to the child. The conditions and
terms of the protective order shall be
11 clearly stated in the decree.
12 (i) If
the court does not find that the child comes within the jurisdic-
13 tion of this chapter pursuant to subsection
(c) of this section it shall dis-
14 miss the petition.
15 SECTION 9.
That Section 16-1609, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 16-1609. INVESTIGATION.
(a) Where the court has ordered an adjudicatory
18 hearing after the shelter care hearing
or when a petition is otherwise filed,
19 the court may order the department to investigate
the circumstances of the
20 child and his family and report to the court.
21 (b) The report
shall be delivered to the court with copies to each of the
22 parents or other legal custodian
at least five (5) days before the date set
23 prior to the pretrial conference for the
adjudicatory hearing. If delivered by
24 mail the report must be mailed at least
eight (8) days prior to the date of
25 received by the court
prior to the pretrial conference for the adjudicatory
26 hearing. The report shall contain a social
evaluation of the child and the
27 parents or other legal custodian and such
other information as the court shall
28 require.
29 (c) The
report shall not be considered by the court
for purposes of
30 determining whether the child comes within
the jurisdiction of the act. The
31 report may be admitted into evidence
at the adjudicatory hearing and shall be
32 used by the court only for disposition if
the child is found to be within the
33 purview of this chapter for other purposes.
34 (d) If the
court declines to order the department to investigate pursuant
35 to subsection (a) of this
section, the court shall state the reasons for so
36 declining in the record.
37 SECTION 10.
That Section 16-1609A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 16-1609A.
INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) By January
1,
40 1997, the prosecuting
attorney in each county shall be responsible for the
41 development of an interagency multidisciplinary
team or teams for investiga-
42 tion of child abuse and neglect referrals
within each county. The teams shall
43 consist of, but not be limited to, law enforcement
personnel, department of
44 health and welfare child protection risk
assessment staff, a representative of
45 the prosecuting attorney's office, and any
other person deemed to be necessary
46 due to their his special training
in child abuse investigation. Other persons
47 may participate in investigation of particular
cases at the invitation of the
48 team and as determined necessary, such as
medical personnel, school officials,
49 mental health workers, personnel from domestic
violence programs or the guard-
50 ian ad litem program.
51 (2) The teams
shall develop a written protocol for investigation of child
11
1 abuse cases and for
interviewing alleged victims of such abuse or neglect.
2 Each team shall develop written agreements
signed by member agencies, specify-
3 ing the role of each agency, procedures
to be followed to assess risks to the
4 child and criteria and procedures
to be followed to ensure the child victim's
5 safety including removal of the alleged
offender.
6 (3) Each team
member shall be trained in risk assessment, dynamics
of
7 child abuse and interviewing and investigatory
techniques.
8 (4) Each
team shall classify, assess and review all a representative
9 selection of cases referred to either the
department or to law enforcement
10 entities for investigation of child abuse
or neglect.
11 (5) Each
multidisciplinary team shall develop policies that provide for
12 an independent review of investigation procedures
utilized in cases upon com-
13 pletion of any court
actions on those cases. The procedures shall include
14 independent citizen input. Nonoffending
parents of child abuse victims shall
15 be notified of the review procedure.
16 (6) Prosecuting
attorneys of the various counties may determine
that
17 multidisciplinary teams may be most effectively
established through the use of
18 joint exercise of powers agreements among
more than one (1) county and such
19 agreements are hereby authorized.
20 (7) Lack
of review by a multidisciplinary team of a particular case does
21 not defeat the jurisdiction of the court.
22 SECTION 11.
That Section 16-1610, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 16-1610. DECREE
-- DISPOSITION HEARING PLANNING HEARING. (a) If a prepon-
25 derance of the evidence of the adjudicatory
hearing shows that the child comes
26 within the purview of
this chapter, The department shall prepare a written
27 case plan. The case plan shall be
filed with the court shall so decree and in
28 its decree shall make a finding of the facts
and conclusions of law upon which
29 it exercises jurisdiction over the child
no later than sixty (60) days from
30 the date the child
was removed from the home or thirty (30) days after the
31 adjudicatory hearing, whichever occurs first.
Copies of the case plan shall be
32 delivered to the parents and other legal
guardians, the guardian ad litem and
33 attorney for the child.
Within five (5) days of filing the plan, the court
34 shall hold a planning hearing to determine
whether to adopt, reject or modify
35 the case plan proposed by the department.
36 (b) Upon entry
of its decree, the court may consider any information rel-
37 evant to the disposition of
Notice of the planning hearing shall be provided
38 to the parents, legal guardians,
guardians ad litem and foster parents.
39 Although foster parents are provided notice
of this hearing, they are not par-
40 ties to the child, but in any event shall:
protective act action.
41 (1) Place
the child under protective supervision in his own home for an
42 indeterminate period
not to exceed one (1) year from the date entered but
43 the court
may extend the period of time upon a showing by the authorized
44 agency that continued
supervision is necessary for the best interests of
45 the child; or
46 (2) Vest
legal custody in the department or other authorized agency sub-
47 ject to residual
parental rights and subject to full judicial review by
48 the court
of all matters relating to the custody of the child
by the
49 department or other
authorized agency. The court shall make written find-
50 ings as
to whether the department made reasonable efforts to prevent the
51 placement of the
child in foster care, including findings, when appropri-
52 ate, that:
53
(i) reasonable efforts were made but were not successful
in elimi-
12
1
nating the need for foster care placement of the child;
2
(ii) reasonable efforts were not made because of immediate danger
to
3
the child;
4
(iii) reasonable efforts to temporarily place the child with related
5
persons were made but were not successful; or
6
(iv) reasonable efforts were not required
as the parent had sub-
7
jected the child to aggravated circumstances as determined
by the
8
court including, but not limited to: abandonment; torture;
chronic
9
abuse; sexual abuse; committed murder; committed voluntary manslaugh-
10
ter; aided or abetted, attempted, conspired or solicited to
commit
11
such a murder or voluntary manslaughter; committed a felony
assault
12
that results in serious bodily injury to any child of the parent;
or
13
the parental rights of the parent to a sibling have been terminated
14
involuntarily and that as a result, a hearing to determine the perma-
15
nent future plan for this child will be held within thirty (30) days
16
of this determination. Reasonable efforts shall be made to place
the
17
child in a timely manner in accordance with the permanency plan
and
18
to complete whatever steps are necessary to finalize
the permanent
19
placement of the child. Whenever possible, the child's connections to
20
the community, including individuals with a significant relationship
21
to the child, religious organizations and community activities, will
22
be maintained through the transition.
23 (3) The court
shall make written findings that reasonable efforts
to
24 reunify are
not required as the parent had subjected the child to aggra-
25 vated circumstances
including, but not limited to: abandonment; torture;
26 chronic abuse;
sexual abuse; committed murder; committed voluntary man-
27 slaughter; aided
or abetted, attempted, conspired or solicited to commit
28 such a
murder or voluntary manslaughter; committed a felony assault that
29 results in serious
bodily injury to the child or another child of the par-
30 ent; or the parental
rights of the parent to a sibling have been termi-
31 nated involuntarily.
32 (c) A decree
vesting legal custody in the department The case plan shall
33 be binding upon set
forth reasonable efforts which will be made to make it
34 possible for the child to return to his
home and shall concurrently include a
35 plan setting forth reasonable
efforts to place the child for adoption with a
36 legal guardian or in another approved permanent
placement. Whenever possible,
37 the child's connections to the community,
including individuals with a signif-
38 icant relationship to the child, religious
organizations and community activi-
39 ties, will be maintained
through the transition. The plan shall state with
40 specificity the role of the department,
and shall state the department shall
41 prepare a written case plan
within thirty (30) days of placement designed to
42 make it possible for the child to return
to his home or may concurrently con-
43 tain reasonable efforts to place the child
for adoption or with a legal guard-
44 ian; shall state with specificity
the role of the department toward each par-
45 ent; and shall be for an indeterminate period
not to exceed one (1) year from
46 the date entered, except
that the department may file a petition with the
47 court requesting renewal of the order and
the court, after notice to the par-
48 ties and hearing and
finding, may renew the order if it finds such renewal
49 necessary to safeguard the best interests
of the child. Renewals may be made
50 during minority, but no order shall
have any force or effect beyond minority.
51 The department may petition the court at
any time to vacate any order placing
52 a child in its custody or under
its protective supervision, but must provide
53 notice of hearing to each parent having
joint custody. Upon such renewal, the
54 court shall expressly
include in its order determination of the permanency
55 plan for the child that includes whether,
and if applicable when, the child
13
1 will be returned to the parent, placed
for adoption and the state will file a
2 petition for termination of parental rights,
or referred for legal guardian-
3 ship or, in cases where compelling
reasons exist that it would not be in the
4 best interest of the child to terminate
parental rights, placed in another
5 permanent living arrangement toward each
parent and shall be for an indetermi-
6 nate period not to exceed the child's eighteenth
birthday.
7 (d) A decree
vesting legal custody in an authorized agency other than the
8 department shall be, for an indeterminate
period of time not to exceed one (1)
9 year from the date entered, but The
case plan, as approved by the court, may
10 extend the period of time during the child's
minority upon a showing by the
11 authorized agency that continued
custody or supervision is necessary for the
12 best interests of the child, and on such
other terms as shall be entered into
13 the record as an order
of the court. shall state in its decree to be in the
14 best interests of the child and which the
court finds to be acceptable to such
15 authorized agency In the absence of a finding
of aggravated circumstances as
16 provided for in section
16-1608(e)(4), Idaho Code, the court's order shall
17 provide that reasonable efforts shall be
made to reunify the family in a
18 timely manner in accordance
with the case plan or in the alternative to com-
19 plete the steps necessary to finalize the
permanent placement of the child.
20 (e) In order
to preserve the unity of the family system and to insure the
21 best interests of the child whether issuing
an order of protective supervision
22 or an order of legal custody, the court
may consider extending or initiating a
23 protective order as part of the decree.
The protective order shall be deter-
24 mined as in the best interests
of the child and upon a showing of continuing
25 danger to the child. The conditions and
terms of the protective order shall be
26 clearly stated in the decree.
27 (f) If the
court does not find that the child comes within the purview of
28 this chapter pursuant to subsection (a)
of this section it shall dismiss the
29 petition.
30 SECTION 12.
That Section 16-1611, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 16-1611.
MODIFICATION OR REVOCATION REVIEW AND PERMANENCY HEARINGS. (a)
33 A petition motion for revocation or modification
of an order issued under sec-
34 tion 16-16108, Idaho Code, or a petition
for review of the child's case may be
35 filed by either of the child's parents
or guardian ad litem the department or
36 any party; provided that
no petition motion may be filed by the respondents
37 under this section within three (3) months
of a prior hearing on care and
38 placement of the child. All persons required
to be summoned or notified of the
39 original petition pursuant
to section 16-1606, Idaho Code, shall be served
40 with notice of a petition motion for review
of a child's case.
41 (b) If the
petition motion filed under subsection (a) of this
section
42 alleges that the child's best
interests are no longer served by carrying out
43 the order issued under section 16-16108,
Idaho Code, or the department or
44 other authorized agency has failed to provide
adequate care for the child, the
45 court shall hold a hearing on the petition
motion.
46 (c) At
a hearing to consider for review of the petition filed under sub-
47 section (a) of this section the court shall
proceed according to the provi-
48 sions of subsection (b) of section
16-1608, Idaho Code. The court may dismiss
49 the petition or it may revoke or modify
the order as required by the best
50 interests of the child child's case and
permanency plan shall be held no later
51 than six (6) months after entry of the court's
order taking jurisdiction under
52 the act, and every six (6) months
thereafter, so long as the child is in the
53 custody of the department or authorized
agency.
14
1 (d) A hearing
shall be held to review the permanency plan of the depart-
2 ment prior to twelve (12) months
from the date the child is removed from the
3 home or the date of the court's order taking
jurisdiction under this chapter,
4 whichever occurs first. The court
shall review, approve, reject or modify the
5 permanency plan of the department and review
progress in accomplishing the
6 permanency plan. This permanency hearing
may be combined with the review hear-
7 ing required under subsection (c) of this
section.
8 (e) By
order of the court a hearing officer may be appointed to conduct
9 hearings under this section.
10 (f) The department
or authorized agency may petition move the court at
11 any time to vacate any order placing
a child in its custody or under its pro-
12 tective supervision.
13 (g) The department
or any party may move the court requesting relief from
14 the duty imposed on the department
pursuant to the provisions of section
15 16-1623(i), Idaho Code, that it seek termination
of parental rights. The court
16 may grant the department's motion if it
appears based on compelling reasons in
17 the record that the presumption has been
rebutted.
18 SECTION 13.
That Section 16-1612, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 16-1612. CUSTODY
-- TIME FOR HEARING EMERGENCY REMOVAL.
21 (a) (1) A
child may be taken into custody shelter care by a peace officer
22 or other person
appointed by the court without an order issued pursuant to
23 subsection (d) of
section 16-1606 or section 16-16108, Idaho Code, only
24 where the
child is endangered in his surroundings and prompt removal is
25 necessary to prevent
serious physical or mental injury to the child.
26 (2) An alleged
offender may be removed from the home of the victim
of
27 abuse or neglect
by a peace officer or other person appointed by the court
28 without an
order, issued pursuant to subsection (e) of section 16-1606,
29 Idaho Code, only
where the child is endangered and prompt removal of an
30 alleged offender
is necessary to prevent serious physical or mental injury
31 to the child.
32 (b) When
a child is taken into custody shelter care under subsection (a)
33 of this section, he may be held for
a maximum of forty-eight (48) hours,
34 excluding Saturdays, Sundays
and holidays, unless a shelter care hearing has
35 been held pursuant to section 16-1614, Idaho
Code, and the court orders an
36 adjudicatory hearing.
37 (c) When
an alleged offender is removed from the home under subsection
38 (a) (2) of this section, a motion based
on a sworn affidavit by the department
39 must be filed simultaneously with the petition
and the court shall determine
40 at a shelter care hearing,
held within a maximum of twenty-four (24) hours,
41 excluding Saturdays, Sundays and holidays,
whether the relief sought shall be
42 granted, pending an adjudicatory
hearing. Notice of such hearing shall be
43 served upon the alleged offender at the
time of removal or other protective
44 relief.
45 SECTION 14.
That Section 16-1613, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 16-1613. EMERGENCY
REMOVAL -- NOTICE. -- PLACEMENT -- IMMUNITY. (a)
A
48 peace officer or other
person appointed by the court who takes a child into
49 custody shelter care under section 16-1612,
Idaho Code, shall immediately:
50 (1) tTake
the child to a place of shelter, and
51 (2) nNotify
the court of the action taken and the place to
which the
15
1 child was taken,
and,
2 (3) nNotify
each of the parents, guardian or other legal custodian that
3 the child has been
taken into custody shelter care, the type and nature of
4 shelter care, and
that the child may be held for a maximum of forty-eight
5 (48) hours,
excluding Saturdays, Sundays and holidays, within which time
6 there must be a
shelter care hearing.
7 (b) A peace
officer or other person appointed by the court who takes
a
8 child into custody shelter care
under section 16-1612, Idaho Code, shall not
9 be held liable either criminally or civilly
unless the action of taking the
10 child was exercised in bad faith and/or
the requirements of subsection (a) of
11 this section are not complied with.
12 SECTION 15.
That Section 16-1614, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 16-1614. SHELTER
CARE HEARING. (a) Notwithstanding any other provision of
15 this chapter, when a child is taken into
custody shelter care pursuant to sec-
16 tion 16-1612, Idaho Code, a
hearing to determine whether the child should be
17 released shall be held according to the
provisions of this section.
18 (b) Each of
the parents or custodian from whom the child was
removed
19 shall be given notice of the
shelter care hearing. Such notice shall include
20 the time, place, and purpose of the hearing;
and, that such person is entitled
21 to be represented by legal counsel. Notice
as required by this subsection
22 shall be given at least twenty-four
(24) hours before the shelter care hear-
23 ing.
24 (c) Notice
of the shelter care hearing shall be given to the parents or
25 custodian from whom the child
was removed by personal service and the return
26 of service shall be filed with the
court and to any person having joint legal
27 or physical custody of the subject child.
Provided, however, that such service
28 need not be made where the undelivered notice
is returned to the court along
29 with an affidavit stating that such
parents or custodian could not be located
30 or were out of the state.
31 (d) The shelter
care hearing may be continued for a reasonable time upon
32 request by the parent, custodian or counsel
for the child.
33 (e) If,
upon the completion of the shelter care hearing,
it is shown
34 that:
35 (1) aA petition
has been filed; and
36 (2) tThere
is reasonable cause to believe the child comes within the pur-
37 view jurisdiction
of the court under this chapter and that
reasonable
38 efforts to prevent
the placement of the child in shelter care could not be
39 provided because
of the immediate danger to the child or were provided but
40 were not
successful in eliminating the need for foster care placement of
41 the child; and
42 (3) tThe child
could not be placed in the temporary sole custody of
a
43 parent having joint
legal or physical custody; and
44 (4) It is
contrary to the welfare of the child to remain in the home; and
45 (5) Iit
is in the best interests of the child to remain
in temporary
46 shelter care pending
the conclusion of the adjudicatory hearing; or
47 (56) tThere
is reasonable cause to believe that the child comes within
48 the purview jurisdiction
of the court under this chapter, but a reasonable
49 effort to
prevent placement of the child outside
the home could be
50 affected by a protective
order safeguarding the child's welfare and main-
51 taining the
child in his present surroundings; the court shall issue,
52 within twenty-four
(24) hours of such hearing, an order of temporary legal
53 custody and/or a
protective order. Any evidence may be considered by the
16
1 court which is of
the type which reasonable people may rely upon.
2 (f) Upon
ordering temporary custody shelter care pursuant to subsection
3 (e) of this section, the court shall also
order an adjudicatory hearing to be
4 held as soon as possible, but in no event
later than thirty (30) days from the
5 date the petition was filed.
6 (g) If
the court does not find that the child should remain in shelter
7 care under subsection (e) of this section,
the child shall be released and the
8 court may dismiss the petition.
9 SECTION 16.
That Section 16-1615, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 16-1615. TERMINATION
OF PARENT-CHILD RELATIONSHIP. If the child has been
12 placed in the legal custody of the department
or under its protective supervi-
13 sion pursuant to section 16-16108, Idaho
Code, the department may petition the
14 court for termination of the parent and
child relationship in accordance with
15 chapter 20, title 16, Idaho Code. Unless
there are compelling reasons it would
16 not be in the best interest of the
child, the department shall be required to
17 file a petition to terminate parental rights
within sixty (60) days of a judi-
18 cial determination that an infant
has been abandoned or that reasonable
19 efforts, as defined in
section 16-16108(be)(2)(iv), Idaho Code, are not
20 required because the court determines the
parent has been convicted of murder
21 or voluntary manslaughter of another
sibling of the child or has aided, abet-
22 ted, attempted, conspired or solicited to
commit such murder or voluntary man-
23 slaughter and/or if the court determines
the parent has been convicted of a
24 felony assault or battery which resulted
in serious bodily injury to the child
25 or a sibling. The department
shall join as a party to the petition if such a
26 petition to terminate is filed by another
party; as well as to concurrently
27 identify, recruit, process and approve
a qualified family for adoption unless
28 it is determined that such actions would
not be in the best interest of the
29 child, or the child
is placed with a relative. If termination of parental
30 rights is granted and the child is placed
in the guardianship or legal custody
31 of the department of health and welfare
the court, upon petition, shall con-
32 duct a hearing as to the future status
of the child within twelve (12) months
33 of the order of termination of parental
rights, and every twelve (12) months
34 subsequently until the child is adopted
or is in a placement sanctioned by the
35 court. A petition to terminate
parental rights shall be filed as a motion in
36 the existing child protective action.
37 SECTION 17.
That Section 16-1617, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 16-1617. APPEAL
-- EFFECT ON CUSTODY. An interested party aggrieved by
40 any order or decree of the court may
appeal to the district court within
41 thirty (30) days of
the filing of such order or decree. Where the order
42 affects the custody of a child, the appeal
shall be heard at the earliest
43 practicable time. The pendency of an appeal
shall not suspend the order of the
44 court regarding a child, and
it shall not discharge the child from the legal
45 custody of the authorized agency to whose
care he has been committed, unless
46 otherwise ordered by the
district court. No bond or undertaking shall be
47 required of any party appealing to the district
court under the provisions of
48 this section. Any final
order or judgment of the district court shall be
49 appealable to the supreme court of the state
of Idaho in the same manner as
50 appeals in other civil actions. The
filing of the notice of appeal shall not,
51 unless otherwise ordered, stay the order
of the district court.
17
1 SECTION 18.
That Section 16-1618, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 16-1618. RIGHT
TO COUNSEL -- GUARDIAN AD LITEM. (a) In any proceeding
4 under this chapter the court shall appoint
a guardian ad litem for the child
5 or children to serve at each stage
of the proceeding and in appropriate cases
6 may shall appoint counsel to represent the
child or guardian. The court may
7 appoint independent counsel for a parent
if the proceedings are complex, coun-
8 sel is necessary to protect the parent's
interests adequately and such inter-
9 ests are not represented adequately
by another party, and in appropriate
10 cases, may appoint separate counsel for
the child.
11 (b) If
a court does not have available to it a guardian ad litem program
12 or a sufficient number of guardians ad litem,
the court may shall appoint sep-
13 arate counsel for the child. For a child
under the age of twelve (12) years
14 the attorney will have
the powers and duties of a guardian ad litem. For a
15 child twelve (12) years of age or older,
the court may order that the counsel
16 act with or without the powers and duties
of a guardian ad litem.
17 (c) Counsel
appointed for the child under the provisions of this section
18 shall be paid for by the county unless the
party for whom counsel is appointed
19 has an independent estate sufficient to
pay such costs.
20 SECTION 19.
That Section 16-1623, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 16-1623. POWERS
AND DUTIES OF THE DEPARTMENT. The department, working in
23 conjunction with the court and other public
and private agencies and persons,
24 shall have the primary responsibility
to implement the purpose of this chap-
25 ter. To this end, the department is empowered
and shall have the duty to do
26 all things reasonably
necessary to carry out the purpose of this chapter,
27 including, but not limited to, the following:
28 (a) The department
shall administer treatment programs for the protection
29 and care of neglected, abused and abandoned
children, and in so doing may
30 place in foster care,
shelter care, group homes or other diagnostic, treat-
31 ment, or care centers or facilities, children
of whom it has been given cus-
32 tody. The department is to be
governed by the standards found in chapter 12,
33 title 39, Idaho Code.
34 (b) On December
1, the department shall make an annual statistical report
35 to the governor covering the preceding fiscal
year showing the number and sta-
36 tus of persons in its custody and including
such other data as will provide
37 sufficient facts for sound planning in the
conservation of children and youth.
38 All officials and employees
of the state and of every county and city shall
39 furnish the department upon request, such
information within their knowledge
40 and control as the department deems
necessary. Local agencies shall report in
41 such uniform format as may be required by
the department.
42 (c) The department
shall be required to maintain a central registry for
43 the reporting of child neglect, abuse and
abandonment information.
44 (d) The
department shall make periodic evaluation of all persons in its
45 custody or under its supervision for the
purpose of determining whether exist-
46 ing orders and dispositions in individual
cases shall be modified or continued
47 in force. Evaluations may be made as frequently
as the department considers
48 desirable and shall be
made with respect to every person at intervals not
49 exceeding six (6) months. Reports of evaluation
made pursuant to this section
50 shall be filed with
the court which vested custody of the person with the
51 department. Reports of evaluation shall
be provided to persons having full or
52 partial legal or physical
custody of a child. Failure of the department to
18
1 evaluate a person or to reevaluate him within
six (6) months of a previous
2 examination shall not of itself entitle
the person to a change in disposition
3 but shall entitle him, his parent, guardian
or custodian or his counsel to
4 petition the court pursuant to section 16-1611,
Idaho Code.
5 (e) In
a consultive capacity, the department shall assist communities in
6 the development of constructive programs
for the protection, prevention and
7 care of children and youth.
8 (f) The
department shall keep written records of investigations, evalua-
9 tions, prognosis prognoses and all orders
concerning disposition or treatment
10 of every person over whom
it has legal custody. Department records shall be
11 subject to disclosure according to chapter
3, title 9, Idaho Code, unless
12 otherwise ordered by the court, the person
consents to the disclosure, or dis-
13 closure is necessary for the delivery of
services to the person. Notwithstand-
14 ing the provisions restricting
disclosure or the exemptions from disclosure
15 provided in chapter 3, title 9, Idaho Code,
all records pertaining to investi-
16 gations, the rehabilitation of youth, the
protection of children, evaluation,
17 treatment and/or disposition records pertaining
to the statutory responsibili-
18 ties of the department shall
be disclosed to any duly elected state official
19 carrying out his official functions.
20 (g) The department
shall establish appropriate administrative procedures
21 for the processing of
complaints of child neglect, abuse and abandonment
22 received and for the implementation of the
protection, treatment and care of
23 children formally or informally placed
in the custody of the department under
24 this chapter.
25 (h) The department
having been granted legal custody of a child, subject
26 to the judicial review provisions
of this subsection, shall have the right to
27 determine where and with whom the child
shall live, provided that the child
28 shall not be placed outside
the state without the court's consent. Provided
29 however, that the court shall retain jurisdiction
over the child, which juris-
30 diction shall be entered on any order or
petition granting legal custody to
31 the department, and the court shall
have jurisdiction over all matters relat-
32 ing to the child. The department shall not
place the child in the home from
33 which the court ordered the child removed
without first obtaining the approval
34 of the court.
35 (i) The department
shall give to the court any information concerning the
36 child that the court may
at any time require, but in any event shall report
37 the progress of the child under its custody
at intervals of not to exceed six
38 (6) months. The department
shall file with the court at least five (5) days
39 prior to the permanency hearing under section
16-1611, Idaho Code, the perma-
40 nency plan and recommendations of
the department. There shall be a rebuttable
41 presumption that if a child is placed in
the custody of the department and was
42 also placed in out of the home care for
a period not less than fifteen (15)
43 out of the last twenty-two (22) months from
the date the child entered shelter
44 care, the department shall
initiate a petition for termination of parental
45 rights. This presumption may be rebutted
by a finding of the court that the
46 filing of a petition for
termination of parental rights would not be in the
47 best interests of the child or reasonable
efforts have not been provided to
48 reunite the child with his family,
or the child is placed permanently with a
49 relative.
50 (j) The department
shall establish appropriate administrative procedures
51 for the conduct of administrative
reviews and hearings as required by federal
52 statute for all children committed to the
department and placed in out of the
53 home care.
54 (k) At
any time the department is considering a placement pursuant
to
55 this act, the department shall make a reasonable
effort to place the child in
19
1 the least disruptive environment
to the child and in so doing may consider,
2 without limitation, placement of the child
with related persons.
3 SECTION 20.
That Section 56-204B, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 56-204B. TEMPORARY
SHELTER CARE. The state department shall
provide
6 places of shelter which may be designated
by the magistrate courts as autho-
7 rized by law for the placement
of children for temporary care who have been
8 brought into the custody of the magistrate
courts or who have been taken into
9 custody for their protection by peace
officers. Such places of shelter may be
10 maintained by the state department or may
be licensed foster family homes or
11 licensed foster institutional facilities
employed or retained for shelter care
12 by the state department.
13 SECTION 21.
That Section 66-317, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 66-317. DEFINITIONS.
As used in this chapter, terms shall have the fol-
16 lowing meanings:
17 (a) "Department
director" means the director of the state department of
18 health and welfare.
19 (b) "Voluntary
patient" means an individual admitted to a facility for
20 evaluation pursuant to section 18-211
or 20-520, Idaho Code, or admitted to a
21 facility for treatment pursuant to section
66-318, Idaho Code.
22 (c) "Involuntary
patient" means an individual committed pursuant to sec-
23 tion 18-212, 18-214, 66-329
or 66-1201, Idaho Code, or committed pursuant to
24 section 16-16108 or 20-520, Idaho Code,
and admitted to a facility for the
25 treatment of minors.
26 (d) "Licensed
physician" means an individual licensed under the laws of
27 this state to practice medicine or a medical
officer of the government of the
28 United States while in this state in the
performance of his official duties.
29 (e) "Designated
examiner" means any person designated by the department
30 director as specially qualified by training
and experience in the diagnosis
31 and treatment of mental or mentally related
illnesses or conditions. Such per-
32 sons shall be psychiatrists,
licensed psychologists, licensed physicians, a
33 holder of an earned masters level or higher
degree in social work from an
34 accredited program, a registered nurse
with an earned masters level or higher
35 degree in psychiatric nursing from an accredited
program, or a holder of an
36 earned masters level or
higher degree in psychology from an accredited pro-
37 gram.
38 (f) "Dispositioner"
means a designated examiner employed by or under con-
39 tract with the department of health and
welfare and designated by the depart-
40 ment director to determine the appropriate
location for care and treatment of
41 involuntary patients.
42 (g) "Facility"
means any public or private hospital, sanatorium, institu-
43 tion, mental health center or other organization
designated in accordance with
44 rules adopted by the board of health and
welfare as equipped to initially
45 hold, evaluate, rehabilitate or to provide
care or treatment, or both, for the
46 mentally ill.
47 (h) "Lacks
capacity to make informed decisions about treatment" means the
48 inability, by reason of mental illness,
to achieve a rudimentary understanding
49 after conscientious efforts at explanation
of the purpose, nature, and possi-
50 ble significant risks and benefits of treatment.
51 (i) "Inpatient
treatment facility" means a facility in which an individ-
20
1 ual receives medical and
mental treatment for not less than a continuous
2 twenty-four (24) hour period.
3 (j) "Supervised
residential facility" means a facility, other than the
4 individual's home, in which the individual
lives and in which there lives, or
5 are otherwise on duty during the times
that the individual's presence is
6 expected, persons who are employed
to supervise, direct, treat or monitor the
7 individual.
8 (k) "Likely
to injure himself or others" means either:
9 (1) A substantial
risk that physical harm will be inflicted by the pro-
10 posed patient
upon his own person, as evidenced by threats or attempts to
11 commit suicide or
inflict physical harm on himself; or
12 (2) A substantial
risk that physical harm will be inflicted by the pro-
13 posed patient
upon another as evidenced by behavior which has caused such
14 harm or which places
another person or persons in reasonable fear of sus-
15 taining such harm.
16 (l) "Mentally
ill" means a person, who as a result of a substantial dis-
17 order of thought, mood, perception,
orientation, or memory, which grossly
18 impairs judgment, behavior,
capacity to recognize and adapt to reality,
19 requires care and treatment at a facility.
20 (m) "Gravely
disabled" means a person who, as the result of mental ill-
21 ness, is in danger of serious
physical harm due to the person's inability to
22 provide for his essential needs.
23 (n) "Outpatient
commitment" means a court order directing a person
to
24 comply with specified mental health
treatment requirements, not involving the
25 continuous supervision of a person in an
inpatient setting, that are reason-
26 ably designed to alleviate or
to reduce a person's illness or disability, or
27 to maintain or prevent deterioration of
the person's mental or emotional func-
28 tioning. The specified requirements may
include, but need not be limited to,
29 taking prescribed medication, reporting
to a facility to permit monitoring of
30 the person's condition, or participating
in individual or group therapy or in
31 educational or vocational programs. Outpatient
commitment may be up to one (1)
32 year.
33 SECTION 22.
That Section 66-324, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 66-324. AUTHORITY
TO RECEIVE INVOLUNTARY PATIENTS. The director of any
36 facility is authorized to receive therein
for observation, diagnosis, care and
37 treatment any individual committed to the
department director pursuant to sec-
38 tions 16-16108, 16-1814 20-520, 18-212,
18-214 or 66-329, or transferred pur-
39 suant to section 66-1201, Idaho Code.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS10835
This bill amends several sections of the Child Protective Act
in chapter 16, title 16, Idaho Code, and section 56-2043, Idaho
Code, relating to temporary shelter for the placement of children
who have been taken into custody for their protection, to streamline
the Child Protective Act process, achieve permanency for children in
the system more quickly, provide for the effective use of judicial
time in reviewing cases, and comply with the Federal Adoption and
Safe Families Act.
A committee appointed by the Supreme Court to study children
in foster care has made several recommendations for statutory and
rule changes to help bring about a safe and permanent home for Idaho
children who are being protected from neglect or abuse under the
Idaho child protection law. Among other improvements, these changes
devise new procedures to meet the needs of children whose lives have
been interrupted by reducing the time they spend in foster care
awaiting a judicial determination. The protection of children in
foster care committee also reviewed Idaho statutes from the
perspective of new federal standards governing children in this
setting, and the recommended changes are also designed to meet these
standards so that vital federal funding for these children is not
jeopardized.
FISCAL NOTE
The impact of this bill on state or local funds is very
difficult to estimate, but is not believed to be substantial. In the
short term, there may be some increase in the workloads of the
courts and health and welfare caseworkers in child protection cases.
However, much of this effort is already required by the Federal
Adoption and Safe Families Act. Also, these short-term costs will be
offset because Child Protection Act cases will be resolved more
expeditiously and the time children remain in publicly funded foster
care will be reduced.
Contact Person:
Representative Tom Moss
(208) 332-1000
Statement of Purpose/Fiscal Note H 185