Title 16 — JUVENILE PROCEEDINGS

16-101. Legislative findings. The legislature finds that there is an urgent and substantial need: (1) To enhance the development of all infants and toddlers with disabilities in the state of Idaho in order to minimize developmental delay, and to maximize individual potential for …

16-102. Policy. The legislature intends that the policy of the state of Idaho shall be: (1) To reaffirm the importance of the family in all areas of the child’s development and to reinforce the role of the family in the decision making processes regarding their child; (2) To prov…

16-103. Definitions. In this chapter: (1) "Allocation" means state and federal funds designated for coordination of program functions in the seven (7) regions. (2) "Applications" means the documents submitted by the regional infant toddler committees to the infant toddler council…

16-104. Early intervention system. The early intervention system shall consist of the lead agency, council, the regional committees, program personnel, a statewide parent education and resource system, eligible children, families, advocates, and public and private providers of ea…

16-105. Interagency coordinating council. (1) The governor shall appoint the members and the chair of the interagency coordinating council. For budgetary purposes, the council shall be assigned to the lead agency. The term of appointment for a member of the council shall be three…

16-106. Duties of coordinating council. (1) The council shall have the following authority, duties and responsibilities, and such other functions as may be assigned by executive order: (a) To assist the lead agency and all other appropriate agencies in ensuring the joint developm…

16-107. Responsibilities of the department of health and welfare. The department of health and welfare, as the lead agency for administration of the provisions of this chapter, shall have primary responsibility for: (a) The administration of all funds appropriated to implement th…

16-108. Regional committees. (1) The regional director of each of the seven (7) administrative regions of the lead agency shall appoint a local interagency coordinating committee to assist the regional lead agency and all other appropriate agencies in the planning and coordinatin…

16-109. Individualized family service plan. (1) Infants and toddlers receiving early intervention services and their families shall receive the following: (a) A comprehensive multidisciplinary evaluation of the strengths and needs of the infant or toddler and the family, and the …

16-110. Procedural safeguards. The procedural safeguards to be included in the statewide system shall provide, at a minimum, the following: (1) The timely administrative resolution of complaints by parents; (2) The right to confidentiality of personally identifiable information; …

16-111. Uses of funds. The use of federal P.L. 99-457, part H funds as well as state funds shall be allocated by the director through collaborative regional programs to implement the statewide system required under such law, in the following priority: (1) For early intervention s…

16-112. Prohibited use of funds. The use of early intervention funds provided under this chapter to supplant funds from other sources is not permitted. All local and state programs for infants and toddlers with disabilities shall maintain the funding which supported infant and to…

16-113. Maintenance of existing program levels. Nothing in this chapter shall be construed to permit: (1) The reduction of local, state, or federal medical or other assistance available; (2) The alteration of eligibility under title V of the social security act (relating to mater…

16-1501. Minors and adults may be adopted. Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter. (1) Persons not minors may be adopted by a resident adult in cases where the …

16-1501A. Rights and Responsibilities of parties in adoption proceedings. (1) The legislature finds that the rights and interests of all parties affected by an adoption proceeding must be considered and balanced in determining what constitutional protections and processes are nec…

16-1501B. Right of parent with disability to present evidence and information. If the prospective adoptive parent has a disability as defined in this chapter, the prospective adoptive parent shall have the right to provide evidence to the court regarding the manner in which the u…

16-1502. Restrictions as to comparative age. The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent i…

16-1503. Consent of husband and wife necessary. A married man, not lawfully separated from his wife, cannot adopt a child without the consent of his wife; nor can a married woman, not thus separated from her husband, without his consent, provided the husband or wife, not consenti…

16-1504. Necessary consent to adoption. (1) Consent to adoption of a child is required from: (a) The adoptee, if he is more than twelve (12) years of age, unless he does not have the mental capacity to consent; (b) Both parents or the surviving parent of an adoptee who was concei…

16-1505. Notice of adoption proceedings. (1) Notice of an adoption proceeding shall be served on each of the following persons: (a) Any person or agency whose consent or relinquishment is required under section 16-1504, Idaho Code, unless that right has been terminated by waiver,…

16-1506. Proceedings on adoption. (1) Proceedings to adopt a child shall be commenced by the filing of a petition together with a copy thereof. The petition shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the …

16-1507. Order of adoption. The judge must examine all persons appearing before him pursuant to this chapter, each separately, and any report of the investigation provided pursuant to the last section and if satisfied that the interests of the child will be promoted by the adopti…

16-1508. Effect of adoption. A child or adult, when adopted, may take the name of the person adopting, and the two (2) shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that …

16-1509. Release of child’s parents from obligation — Termination of rights of parents and children. Unless the decree of adoption otherwise provides, the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all respo…

16-1509A. Dissolution of adoption. An adoption may be dissolved, upon petition, with the agreement of both the adoptee and the adopting parent, when the adopting parent was the spouse of a natural parent, and the marriage of the natural parent and adoptive parent was terminated. …

16-1511. Sealing record of proceedings. Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and there…

16-1512. Appeal from order — Binding effect of adoption order. (1) Any appeal from an order granting or refusing to grant an order of adoption shall be taken to the supreme court. (2) After the order of adoption by the court becomes final, no party to an adoption proceeding, nor …

16-1513. Registration of notice and filing of paternity proceedings. (1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under section 7…

16-1514. Petition for adoption of foreign born child. (1) Proceedings to adopt a foreign born child who has been allowed to enter the United States for the purpose of adoption shall be commenced by the filing of a petition under this section. A petition under this section shall b…

16-1514A. International adoption. (1) When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the United States government, such resident may file with a petition a copy of…

16-1515. Revocation of adoption — Payment of expenses of adoptive parents. (1) If a natural parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the natural parent upon the petition of a natural parent, whether or not…

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.