Title 16, JUVENILE PROCEEDINGS

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 wr…

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…

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 en…

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 …

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 stand…

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…

16-1649. NOTIFICATION OF RIGHTS. (1) When the department, in accordance with this chapter, commences an investigation after having received information that a child may be abused, neglected, or abandoned and in the course of such investigation contacts, directly and in person, th…

16-1650. NEWBORN SAFETY REVIEW. (1) Any report made to the department by a mandatory reporter pursuant to section 16-1605, Idaho Code, alleging a parent, guardian, or legal custodian is a caregiver to a child that is less than one (1) year of age and has a risk factor described i…

16-1901. COMPACTS WITH OTHER STATES AUTHORIZED. The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Idaho with any of the United States legally joining therein in the form substantially as follows: ARTICLE I PURPOSE The comp…

16-1902. SHORT TITLE. This act may be cited as the "Interstate Compact for Juveniles."

16-2001. PURPOSE. (1) The purpose of this chapter is to: (a) Provide for voluntary and involuntary severance of the parent and child relationship and for substitution of parental care and supervision by judicial process, thereby safeguarding the rights and interests of all partie…

16-2002. DEFINITIONS. When used in this chapter, unless the text otherwise requires: (1) "Court" means the district court or magistrate's division thereof or, if the context requires, a judge or magistrate thereof. (2) "Child" or "minor" means any individual who is under the age …

16-2003. JURISDICTION. The court shall have exclusive original jurisdiction, other than as provided in title 32, Idaho Code, to hear petitions to terminate the parent and child relationship when the child is present in the state. When a court has jurisdiction over the child under…

16-2004. PETITION -- WHO MAY FILE. A petition may be filed by: a. Either parent when termination is sought with respect to the other parent. b. The guardian of the person or the legal custodian of the child or person standing in loco parentis to the child. c. An authorized agency…

16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. (1)(a) The court may grant an order terminating the relationship where it finds that termination of parental rights is in the best interests of the child and that one (1) or more of the following conditions exist: (i) Th…

16-2006. CONTENT OF PETITION. The petition for the termination of the parent and child relationship shall include, to the best information and belief of the petitioner: a. The name and place of residence of the petitioner; b. The name, sex, date and place of birth, and residence …

16-2007. NOTICE -- WAIVER -- GUARDIAN AD LITEM. (1) After a petition has been filed, the court shall set the time and place for hearing. The petitioner shall give notice to any person entitled to notice under section 16-1505, Idaho Code, the authorized agency having legal custody…

16-2008. INVESTIGATION PRIOR TO DISPOSITION. (1) If a petition for adoption is not filed in conjunction with a petition for termination, or the petition for termination was not filed by a children's adoption agency licensed by the state of Idaho upon the filing of a petition for …

16-2009. HEARING. (1) Cases under this act shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required. The general public shall …

16-2010. DECREE. (1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to …

16-2011. EFFECT OF DECREE. An order terminating the parent and child relationship shall divest the parent and the child of all legal rights, privileges, duties, and obligations, including rights of inheritance, with respect to each other.

16-2012. COURT COSTS. All court costs of giving notice and advertising shall be paid by the petitioners, except when the petitioner is an authorized agency. The court, however, may suspend such costs where payment would work a hardship on the petitioner or would be otherwise inap…

16-2013. RECORDS. The files and records of the court in any proceedings had under this act shall be kept in a separate locked file and shall be withheld from public inspection, but shall be open to inspection on special order of the court by persons having a legitimate interest i…

16-2014. APPEALS. Any appeal from an order or decree of the court granting or refusing to grant a termination shall be taken to the supreme court, provided however, pendency of an appeal or application therefor shall not suspend the order of the court relative to termination of t…

16-2015. CONSTRUCTION. This act shall be liberally construed to accomplish the purposes herein set forth.