Title 16 — JUVENILE PROCEEDINGS

16-1601. Policy. The policy of the state of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment and neglect cases, and the protection of any child whose life, health or w…

16-1602. Definitions. For purposes of this chapter: (1) "Abused" means any case in which a child has been the victim of: (a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, head injury, soft tissue swelling, failure to thrive o…

16-1603. Jurisdiction of the courts. (1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state: (a) Who is neglected, abused or abandoned by his parents…

16-1604. Retention of jurisdiction. (1) Jurisdiction obtained by the court under this chapter shall be retained until the child’s eighteenth birthday, unless terminated prior thereto or extended by the court pursuant to section 16-1622(5), Idaho Code. Jurisdiction of the court sh…

16-1605. Reporting of abuse, abandonment or neglect. (1) Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher, day care personnel, social worker, or other person having reason to believe that a child under the age of eighteen (18) years has been abu…

16-1606. Immunity. Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in section 16-1605, Idaho Code, shall have immunity from any liability, civil or …

16-1607. Reporting in bad faith — Civil damages. Any person who makes a report or allegation of child abuse, abandonment or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the…

16-1608. Emergency removal. (1) A child may be taken into shelter care by a peace officer without an order issued pursuant to subsection (4) of section 16-1611 or section 16-1619, Idaho Code, only where the child is endangered in his surroundings and prompt removal is necessary t…

16-1609. Emergency removal — Notice. (1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately: (a) Take the child to a place of shelter; and (b) Notify the court of the action taken and the place to which the child was taken; an…

16-1610. Petition. (1) A petition invoking the jurisdiction of the court under this chapter shall be filed in the manner provided in this section: (a) A petition must be signed by the prosecutor or deputy attorney general before being filed with the court. (b) Any person or gover…

16-1611. Summons. (1) After a petition has been filed, the clerk of the court may issue a summons requiring the person or persons who have custody of the child to bring the child before the court at the adjudicatory hearing held in accordance with section 16-1619, Idaho Code. Eac…

16-1612. Service of summons — Travel expenses — Necessary witnesses. (1) Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the court is satisfied that it is impracticable to serve personally such summons o…

16-1613. Hearings under the child protective act. (1) Proceedings under this chapter shall be dealt with by the court at hearings separate from those for adults and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. The g…

16-1614. appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child. (1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to…

16-1615. Shelter care hearing. (1) Notwithstanding any other provision of this chapter, when a child is taken into shelter care pursuant to section 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child should be released shall be held according to the provision…

16-1616. Investigation. (1) After a petition has been filed, the department shall investigate the circumstances of the child and his family and prepare a written report to the court. (2) The report shall be delivered to the court with copies to each of the parties prior to the pr…

16-1617. Investigation by multidisciplinary teams. (1) The prosecuting attorney in each county shall be responsible for the development of an interagency multidisciplinary team or teams for investigation of child abuse and neglect referrals within each county. The teams shall con…

16-1618. Investigative interviews of alleged child abuse victims. Unless otherwise demonstrated by good cause, all investigative or risk assessment interviews of alleged victims of child abuse will be documented by audio or video taping whether conducted by personnel of law enfor…

16-1618A. investigation based upon immunization status prohibited. No investigation may be conducted pursuant to this chapter if it is based upon a child’s immunization status.

16-1619. Adjudicatory hearing — Conduct of hearing — Consolidation. (1) When a petition has been filed, the court shall set an adjudicatory hearing to be held no later than thirty (30) days after the filing of the petition. (2) A pretrial conference shall be held outside the pres…

16-1619A. placement of a child in a qualified residential treatment program. (1) Where legal custody of a child is vested in the department, and the department places the child in a qualified residential treatment program, the department shall file a notice of the placement with …

16-1619B. placement of child in congregate care settings — regular comprehensive review of placement. (1) Where legal custody of a child is vested in the department and the department places the child in a short-term rental, temporary shelter care, or congregate care setting, the…

16-1620. finding of aggravated circumstances — Permanency plan — hearing. (1) After a judicial determination that reasonable efforts to return the child to his home are not required because aggravated circumstances were found to be present, the court shall hold a permanency heari…

16-1621. Case plan hearing — no finding of aggravated circumstances. (1) In every case in which the child is determined to be within the jurisdiction of the court and there is no judicial determination that aggravated circumstances were present, the department shall prepare a wri…

16-1622. Review hearings — status hearings — annual permanency hearings. (1) Review hearing. (a) A hearing for review of the child’s case and permanency plan shall be held no later than six (6) months after entry of the court’s order taking jurisdiction under this act and every t…

16-1623. Amended disposition — Removal during protective supervision. (1) Where the child has been placed under the protective supervision of the department pursuant to section 16-1619, Idaho Code, the child may be removed from his or her home under the following circumstances: (…

16-1624. Termination of parent-child relationship. (1) If the child has been placed in the legal custody of the department or under its protective supervision pursuant to section 16-1619, Idaho Code, the department may petition the court for termination of the parent and child re…

16-1625. Appeal — Effect on custody. (1) An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court: (a) An adjudicatory decree ent…

16-1626. Court records. The court shall keep a record of all court proceedings under this chapter. The records shall be available only to parties to the proceeding, persons having full or partial custody of the subject child and authorized agencies providing protective supervisio…

16-1627. Authorization of emergency medical treatment. (1) At any time whether or not a child is under the authority of the court, the court may authorize medical or surgical care for a child when: (a) A parent, legal guardian or custodian is not immediately available and cannot …

16-1628. Support of committed child. (1) Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parent or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that th…

16-1629. Powers and duties of the department. The department, working in conjunction with the court and other public and private agencies and persons, shall have the primary responsibility to implement the purpose of this chapter. To this end, the department is empowered and shal…

16-1630. Other duties of the department — Exceptions. (1) Nothing in this chapter shall be construed as modifying duties of the department as described in sections 56-204A and 56-204B, Idaho Code. (2) Nothing in this chapter shall be construed as assigning or imposing duties or r…

16-1631. Authorization for department to act. (1) Upon receiving information that a child may be abused, neglected or abandoned, the department shall cause such investigation to be made in accordance with this chapter as is appropriate. In making the investigation the department …

16-1632. Guardian ad litem coordinator — Duties — Annual report. (1) Under rules, policies and procedures adopted by the Idaho supreme court which may include, but are not limited to, provisions establishing fiscal controls and requiring compliance with all or part of the standar…

16-1633. Guardian ad litem — Duties. Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties which shall continue until resignation of the guardian ad litem or until the court removes the …

16-1634. Guardian ad litem — Rights and powers. The guardian ad litem will have the following rights and powers, which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:…

16-1635. Immunity from liability. Any person appointed as a guardian ad litem, the coordinator, or a guardian ad litem volunteer program employee shall be personally immune from any liability for acts, omissions or errors in the same manner as if such person were a volunteer offi…

16-1636. Compliance with federal law. For the purposes of the child abuse prevention and treatment act, 42 U.S.C. sections 5101 et seq., grant to this state under public law no. 93-247, or any related state or federal legislation, a guardian ad litem or other person appointed pur…

16-1637. Exemption. Any person appointed as a guardian ad litem by court order shall be exempt from the provisions of chapter 32, title 54, Idaho Code.

16-1638. Guardian ad litem account — Creation. (1) There is hereby created an account in the agency asset fund in the state treasury to be designated the guardian ad litem account. (2) The account shall consist of: (a) Moneys appropriated to the account; (b) Donations, gifts and …

16-1639. Guardian ad litem grants. The grant administrator is hereby authorized and directed to award and administer grants from the money which shall be from time to time available to the grant administrator from the guardian ad litem account. The foregoing power and authorizati…

16-1641. Construction. This chapter shall be liberally construed to accomplish the purposes herein set forth.

16-1642. Short title. This chapter shall be known and cited as the "Child Protective Act."

16-1643. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of …

16-1644. limitations on caregiver liability. (1) For purposes of this section: (a) "Age or developmentally appropriate" means: (i) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be devel…

16-1645. exemption. Notwithstanding any other provision of law, nothing in this chapter modifies or supersedes the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.

16-1646. state department of health and welfare annual report. The state department of health and welfare shall submit an annual report regarding the foster care program to the germane standing committees of the legislature no later than ten (10) days following the start of each …

16-1647. citizen review panels — child protection legislative review panel. (1) Each public health district, as set forth in section 39-408, Idaho Code, shall establish a citizen review panel for the purposes of evaluating and providing recommendations for the improvement of the …

16-1648. Prohibition on religious discrimination. (1) As used in this section: (a) "Adoption or foster care" or "adoption or foster care services" means social services provided to or on behalf of children, including services: (i) Promoting foster parenting; (ii) Providing foster…