Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Idaho Code § 18-918(4)  In criminal law: The term ‘in the presence of a child’ means in the physical presence of a child or knowing that a child is present and may see or hear an act of domestic assault or battery. For purposes of this section, ‘child’ means a person under age 16.

Consequences

Citation: Idaho Code § 18-918(4)  The maximum penalties provided in this section shall be doubled when the act of domestic assault or battery for which the person is convicted or pleads guilty took place in the presence of a child.

Current Through February 2016

Physical Abuse

Citation: Idaho Code § 16-1602  ‘Abused’ means any case in which a child has been the victim of conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue swelling, failure to thrive, or death, and such condition or death is not justifiably explained; the history given concerning such condition or death is inconsistent with the degree or type of such condition or death; or the circumstances indicate that such condition or death may not be the product of an accidental occurrence.

Neglect

Citation: Idaho Code § 16-1602  ‘Neglected’ means a child:

• Who is without proper parental care and control, subsistence, medical, or other care necessary for his or her well-being because of the conduct or omission of his or her parents, guardian, or other custodian, or their neglect or refusal to provide them
• Whose parents, guardian, or other custodian is unable to discharge his or her responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his or her health, safety, or well-being
• Who has been placed for care or adoption in violation of the law
• Who is without proper education because of the failure to comply with § 33-202

Sexual Abuse/Exploitation

Citation: Idaho Code § 16-1602  The term ‘abused’ applies to any case in which a child has been the victim of sexual conduct, including rape, molestation, incest, prostitution, obscene or pornographic photographing, filming or depiction for commercial purposes, or other similar forms of sexual exploitation that harms or threatens the child’s health, welfare, or mental health.

Emotional Abuse

Citation: Idaho Code § 16-1602  ‘Mental injury’ means a substantial impairment in the intellectual or psychological ability of a child to function within a normal range of performance and/or behavior, for short or long terms.

Abandonment

Citation: Idaho Code § 16-1602
‘Abandoned’ means the failure of the parent to maintain a normal parental relationship with his or her child, including but not limited to reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of 1 year shall constitute prima facie evidence of abandonment.

Standards for Reporting

Citation: Idaho Code § 16-1605
A report is required when any person has reason to believe that a child younger than age 18 has been abused, abandoned, or neglected or observes the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment, or neglect.

Persons Responsible for the Child

Citation: Idaho Code § 16-1602  ‘Responsible persons’ include the parent, guardian, or other custodian.

Exceptions

Citation: Idaho Code § 16-1602  No child whose parent chooses for the child treatment by prayers through spiritual means in lieu of medical treatment shall be deemed for that reason alone to be neglected. This exception shall not prevent the court from ordering emergency medical treatment when the child’s life is endangered.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 39-6303 ‘Domestic violence’ means the physical injury, sexual abuse, or forced imprisonment or threat thereof of a family or household member, or of a minor child by a person with whom the minor child has had or is having a dating relationship, or of an adult by a person with whom the adult has had or is having a dating relationship.

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 18-918  ‘Traumatic injury’ means a condition of the body, such as a wound or external or internal injury, whether of a minor or serious nature, caused by physical force.

Any household member who, in committing a battery as defined in § 18-903, inflicts a traumatic injury upon any other household member is guilty of a felony.

A household member who commits an assault, as defined in § 18-901, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic assault.

A household member who commits a battery, as defined in § 18-903, against another household member that does not result in traumatic injury is guilty of a misdemeanor domestic battery.

Persons Included in the Definition

Citation: Ann. Stat. §§ 39-6303; 18-918  In civil law: ‘Family member’ means spouses, former spouses, and persons related by blood, adoption, or marriage.

‘Household member’ means persons who reside or have resided together and persons who have a child in common regardless of whether they have been married or have lived together at any time.

‘Dating relationship,’ for the purposes of this chapter, is defined as a social relationship of a romantic nature. Factors that the court may consider in making this determination include:

• The nature of the relationship
• The length of time the relationship has existed
• The frequency of interaction between the parties
• The time since termination of the relationship, if applicable

In criminal law: ‘Household member’ means a person who is a spouse, former spouse, or a person who has a child in common regardless of whether they have been married, or a person with whom a person is cohabiting, whether or not they have married or have held themselves out to be husband or wife.

Current Through March 2015

Citation: Idaho Code § 16-1606

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 by the reporting laws, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

Any person who reports in bad faith or with malice shall not be protected by this section.

Current Through February 2013

Individual Responsibility to Report

Citation: Idaho Code § 16-1605  A mandated reporter who has reason to believe that a child has been abused, neglected, or abandoned shall report within 24 hours to a law enforcement agency or the Department of Health and Welfare.

Content of Reports

Citation: Idaho Code § 16-1605  The report shall contain a description of the conditions and circumstances that led to making the report.

Reporting Suspicious Deaths

Citation:This issue is not addressed in the statutes reviewed.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Admin. Code § 16.06.01.552  Each region of the Department of Health and Welfare shall maintain a system for receiving and responding to reports or complaints on a 24-hour-per-day, 7-day-per-week basis throughout the entire region. The region shall advertise the system to the public throughout the region and ensure the accurate recording of as many facts as possible at the time of the report.

Initial Screening Decisions

Citation: Admin. Code § 16.06.01.553  The department must assign all reports of possible abuse, neglect, or abandonment for safety assessment unless the field office has knowledge or information that discredits the report beyond a reasonable doubt.

Agency Conducting the Assessment/Investigation

Citation: Admin. Code §§ 16.06.01.550; 556; 557  The Department of Health and Welfare is the official child protection agency dealing with situations of reported child abuse, neglect, or abandonment. A respectful, nonjudgmental approach should be the policy for assessments, especially during the initial contact with the family.

Possible abuse, abandonment, or neglect of a child who is known or suspected to be Indian will be reported to appropriate Tribal authorities immediately. If the reported incident occurs off a reservation, the department will perform the investigation. The department also will investigate incidents reported on a reservation if requested to do so by appropriate authorities of the Tribe. A record of any response will be maintained in the case record and written documentation will be provided to the appropriate Tribal authorities.

Reports involving a military family must be reported to the appropriate military family advocacy representative. Abuse, neglect, or abandonment of a child on a military installation falls under Federal jurisdiction.

Assessment/Investigation Procedures

Citation: Admin. Code § 16.06.01.559  The assessment must include contact with the children involved and the immediate family and a records check for history with respect to child protection issues.

The interview of a child concerning a child protection report must be conducted:

• In a manner that protects all children involved from undergoing any unnecessary traumatic experience, including multiple interviews
• By a professional with specialized training in using techniques that consider the natural communication modes and developmental stages of children
• In a neutral, nonthreatening environment, such as a specially equipped interview room, if available

The interview of the child’s immediate family is mandatory in every case and may require the participation of law enforcement. The family services worker conducting the interview must:

• Immediately notify the parents being interviewed of the purpose and nature of the assessment
• Determine if the family is of Indian heritage for the purposes of the Indian Child Welfare Act
• Interview siblings who are identified as being at risk
• Not divulge the name of the person making the report of child abuse or neglect

Any assessment of an abuse or neglect report must include at least one collateral interview with a person who is familiar with the circumstances of the child or children involved.

A safety assessment will be completed on each referral assigned for assessment of abuse or neglect, or both. When safety threats are identified in the safety assessment and the case remains open for services, a comprehensive assessment must be completed.

The department may enlist the cooperation of peace officers for phases of the safety assessment for which they have the expertise and responsibility, as consistent with the relevant multidisciplinary team protocol.

Timeframes for Completing Investigations

Citation: Admin. Code § 16.06.01.554  The level of response required will be based on the following criteria:

• Priority I: The department must respond immediately if a child is in immediate danger involving a life-threatening or emergency situation. Law enforcement shall be notified and requested to respond or accompany the family services worker.
• Priority II: A child is not in immediate danger, but there are clear allegations of physical or sexual abuse or medical neglect. Law enforcement shall be notified within 24 hours, and the child must be seen by the family services worker within 48 hours.
• Priority III: A child may be in a vulnerable situation because of service needs that, if left unmet, may result in harm, or a child is without parental care. A family services worker shall respond within 3 days, and the child must be seen within 5 days.

Classification of Reports

Citation: Admin. Code § 16.06.01.560  Within 5 days following completion of safety assessments, the department will determine whether the reports are substantiated or unsubstantiated.

Child abuse, neglect, or abandonment reports are substantiated by one or more of the following:

• It was witnessed by a family services worker.
• A court determines, in an adjudicatory hearing, that a child comes within the jurisdiction of the Child Protective Act.
• The alleged perpetrator made a confession.
• The abuse or neglect was corroborated by physical or medical evidence.
• The abuse or neglect was established by evidence that it is more likely than not that abuse, neglect, or abandonment occurred.

Child abuse, neglect, or abandonment reports are unsubstantiated when they are not found to be substantiated. For intradepartmental statistical purposes, the department will indicate whether the unsubstantiated disposition of the safety assessment was due to insufficient evidence or was an erroneous report.

Current Through April 2015

Citation: Idaho Code § 37-2737A(1)-(2)  Except as authorized in this chapter, it is unlawful for any person to manufacture, deliver, or possess with the intent to manufacture or deliver, a controlled substance as defined in Schedules I, II, III, and IV in this chapter, upon the same premises where a child under age 18 is present. Schedules I, II, III, and IV controlled substances include opiates, hallucinogens, cannabis, stimulants, depressants, anabolic steroids, hormones, and narcotics [as defined in §§ 37-2705, 37-2707, and 37-2709].

As used in this section, ‘premises’ means any:

• Motor vehicle or vessel
• Dwelling or rental unit including, but not limited to, an apartment, townhouse, condominium, mobile home, manufactured home, motel room, or hotel room
• Dwelling house, its curtilage, and any other outbuildings

Current Through August 2014

Making The Appointment

Citation: Ann. Code § 16-1614  In any child protection proceeding for a child under age 12, the court shall appoint a guardian ad litem (GAL) for the child or children and shall appoint counsel to represent the GAL, unless the GAL is already represented by counsel. If a court does not have available to it a GAL program or a sufficient number of GALs, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a GAL for the child and counsel to represent the GAL and may, in addition, appoint counsel to represent the child.

In any child protection proceeding for a child age 12 or older, the court:

• Shall appoint counsel to represent the child and may, in addition, appoint a GAL
• When appointment of counsel is not practicable or not appropriate, may appoint a GAL for the child and shall appoint counsel to represent the GAL, unless the GAL is already represented by counsel

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Ann. Code § 16-1632  Under rules, policies, and procedures adopted by the Idaho Supreme Court, a judicial district may establish, maintain, and coordinate a districtwide GAL program that will:

• Furnish administrative and staffing services
• Act as a coordinator for providing GALs for children needing them
• Establish a program for attorneys to represent GALs
• To the extent possible, establish a districtwide program to recruit volunteer GALs sufficient to provide services in each county of the judicial district
• Develop uniform criteria to screen, select, train, and remove GALs
• Establish a priority list of the proceedings in which a GAL shall be appointed in districts where there are insufficient numbers of GALs

The coordinators and staff members of any GAL program and any persons volunteering to serve as GALs shall submit to a fingerprint-based criminal history check through any law enforcement office in the State providing such service. The criminal history check shall include a statewide Criminal Identification Bureau check, Federal Bureau of Investigation criminal history check, and statewide sex offender registry check. A record of all background checks shall be maintained in the Office of the Supreme Court with a copy going to the applicant.

Specific Duties

Citation: Ann. Code §§ 16-1633; 16-1634  The GAL shall advocate for the best interests of the child and shall have the following duties:

• To conduct an independent investigation of the circumstances of the child
• To file with the court prior to any hearing a written report of the results of the investigation, the GAL’s recommendations, and any other information the court may require
• To act as an advocate for the child
• To participate fully in the proceedings
• To confer with the child, the child’s siblings and parents, and any other person having information relevant to the case
• To monitor the circumstances of a child and to ensure that the terms of the court’s orders are fulfilled and remain in the best interests of the child
• To maintain the confidentiality of all information regarding the case
• Other duties as ordered by the court

In all postadjudicatory reports, the GAL shall inquire of any child capable of expressing his or her wishes regarding permanency and, when applicable, the transition from foster care to independent living and include the child’s express wishes in the report to the court. The GAL’s written report shall be delivered to the court, with copies to all parties to the case, at least 5 days before the date of the hearing. The report submitted prior to the adjudicatory hearing shall not be admitted into evidence at the hearing and shall be used by the court only for disposition of the child.

If represented by counsel, the GAL may file pleadings, motions, memoranda, and briefs on behalf of the child, and shall have all of the rights of a party. All parties to the case shall promptly notify the GAL and the GAL’s attorney of all hearings, staffings, investigations, depositions, and significant changes of circumstances of the child.

Except as prohibited by Federal or State law, any person or agency shall permit the GAL to inspect and copy pertinent records relating to the child and parent without consent of the child or parents.

How the Representative Is Compensated

Citation: Ann. Code §§ 16-1614; 16-1638  Counsel appointed for the child shall be paid for by the county unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.

There shall be a GAL account in the agency asset fund in the State Treasury. The account shall consist of:

• Moneys appropriated to the account
• Donations, gifts, and grants to the account from any source
• Any other moneys that may hereafter be provided by law

Moneys in the account may be expended for the purposes provided in §§ 16-1632 through 16-1638. Interest earned on the investment of idle money in the GAL account shall be returned to the GAL account.

Disbursements of moneys from the account shall be by appropriation from the legislature to the Supreme Court. The moneys shall be used for the payment of grants to qualified recipients and for expenses incurred for carrying out the provisions of this chapter.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Code § 16-1621; Admin. Code 16.06.01.422  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 of Health and Welfare shall prepare a written case plan, including in cases in which the parent is incarcerated. The court shall schedule a case plan hearing to be held within 30 days after the adjudicatory hearing. The case plan shall be filed with the court no later than 5 days prior to the case plan hearing.

In regulation: The department must complete a written alternate care plan within 30 days after a child has been placed in alternate care and at least every 6 months thereafter. A copy of the alternate care plan will be provided to the child’s parent, legal guardian, foster parent, Indian custodian, Tribe, and to the child if he or she is older than age 12.

Who May Participate in the Case Planning Process

Citation: Ann. Code § 16-1621; Admin. Code 16.06.01.011  Copies of the case plan shall be delivered to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, the guardian ad litem, and attorney for the child.

Notice of the case plan hearing shall be provided to the parents and other legal guardians, the prosecuting attorney or deputing attorney general, the guardian ad litem, attorney for the child, the department, and foster parents.

Although foster parents are provided notice of this hearing, they are not parties to the child protective action.

In regulation: The family case plan, also referred to as a family service plan, is a written document that serves as the guide for provision of services. The plan, developed with the family, clearly identifies who does what, when, how, and why. The family plan incorporates any special plans made for individual family members. If the family includes an Indian child, then the child’s Tribe, Tribal elders, or leaders should be consulted early in the plan development.

Contents of a Case Plan

Ann. Code § 16-1621  If the child is placed in the legal custody of the department, the case plan shall set forth reasonable efforts that will be made to make it possible for the child to return home. The case plan also shall:

• Identify the services to be provided to the child, including services to identify and meet any special educational, emotional, physical, or developmental needs the child may have and services to assist the child in adjusting to the placement or to ensure the stability of the placement
• Address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child
• Include a goal of reunification and a plan for achieving that goal
• Include a concurrent permanency goal and a plan for achieving that goal

The reunification plan shall identify all issues that need to be addressed before the child can safely be returned home without department supervision. The plan shall specifically identify the tasks to be completed by the department, each parent, or others to address each issue, including services to be made available by the department to the parents and in which the parents are required to participate, as well as deadlines for completion of each task. The case plan shall state with specificity the role of the department toward each parent. When appropriate, the plan should identify terms for visitation, supervision of visitation, and child support.

The concurrent permanency goal may be one of the following: termination of parental rights and adoption, guardianship, or another planned permanent living arrangement. The concurrent plan shall:

• Address all options for permanent placement of the child, including consideration of options for in-State and out-of-State placement
• Address the advantages and disadvantages of each option and include a recommendation as to which option is in the child’s best interests
• Identify the actions necessary to implement the recommended option
• Set forth a schedule for accomplishing the actions necessary to implement the concurrent permanency goal
• Address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child, and organizations or community activities with which the child has a significant connection
• In the case of a child who has reached age 16, include the services needed to assist the child to make the transition from foster care to independent living
• Identify further investigation necessary to identify or assess other options for permanent placement, to identify actions necessary to implement the recommended placement, or to identify options for maintaining the child’s significant connections

If the child has been placed under protective supervision of the department, the case plan shall:

• Identify the services to be provided to the child, including services to identify and meet any special educational, emotional, physical, or developmental needs the child may have
• Address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child, and organizations or community activities with which the child has a significant connection
• Identify all issues that need to be addressed to allow the child to remain at home without department supervision
• Identify the tasks to be completed by the department, the parents, or others to address each issue, including services to be made available by the department to the parents and in which the parents are required to participate, and deadlines for completion of each task

Current Through January 2016

Schedule of Hearings

Citation: Idaho Code §§ 16-1620; 16-1621; 16-1622  If aggravated circumstances are found, a permanency hearing for the child shall be held within 30 days of the determination of aggravated circumstances. In every case in which the child is determined to be within the jurisdiction of the court, including cases in which the parent is incarcerated, and there is no judicial determination that aggravated circumstances were present, the Department of Health and Welfare shall prepare a written case plan. The court shall schedule a case plan hearing to be held within 30 days after the adjudicatory hearing.

A hearing for a review of the child’s case and permanency plan shall be held no later than 6 months after the entry of the court’s order taking jurisdiction over the child and every 6 months thereafter. A permanency hearing shall be held no later than 12 months from the date the child is removed from the home or the date of the court’s order taking jurisdiction under this chapter, whichever occurs first, and at least every 12 months thereafter, so long as the court has jurisdiction over the child. The permanency hearing may be combined with the review hearing.

Persons Entitled to Attend Hearings

Citation: Idaho Code § 16-1621  Notice of the case plan hearing shall be provided to the child’s parents and other legal guardians, the prosecuting attorney or deputing attorney general, the guardian ad litem, the attorney for the child, the department, and foster parents. Although foster parents are provided notice of this hearing, they are not parties to the child protective action.

Determinations Made at Hearings

Citation: Idaho Code § 16-1622  The purpose of the case review hearing is to determine:

• The safety of the child
• The continuing necessity for and appropriateness of the placement
• The extent of compliance with the case plan
• The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care
• When reasonable, a likely date by which the child may be safely returned to and maintained in the home or placed in another permanent placement

At the permanency hearing the court shall approve, reject, or modify the permanency plan of the department and review progress in accomplishing the permanency goal. The court shall make written case-specific findings whether the department made reasonable efforts to finalize the primary permanency goal in effect for the child. Lack of reasonable efforts to reunify may be a basis for an order approving a permanency plan with a permanency goal of reunification.

When the permanency goal is not reunification, the hearing shall include a review of the department’s consideration of options for in-State and out-of-State placement of the child. In the case of a child in an out-of-State placement, the court shall determine whether the out-of-State placement continues to be appropriate and in the best interests of the child. In the case of a child who has reached age 16, the hearing shall include a determination of the services needed to assist the child to make the transition from foster care to Independent Living.

The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a permanency plan is approved by the court and the permanency plan does not include a permanency goal of reunification.

Permanency Options

Citation: Idaho Code § 16-1622  The permanency plan shall include a permanency goal. The permanency goal may be one of the following:

• In the absence of a judicial determination of aggravated circumstances, continued efforts at reunification
• Termination of parental rights and adoption, guardianship, or another planned permanent living arrangement

The court may approve a permanency plan that includes a primary goal and a concurrent goal. The court may approve a primary permanency goal of another planned permanent living arrangement only upon written, case-specific findings that there are compelling reasons why a more permanent goal is not in the best interests of the child.

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

Current Through March 2016

Citation: Idaho Code § 16-1601  The policy of the State of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment, and neglect cases and the protection of any child whose life, health, or welfare is endangered. At all times, the health and safety of the child shall be the primary concern.

Each child coming within the purview of this chapter shall receive, preferably in his or her own home, the care, guidance, and control that will promote his or her welfare and the best interests of the State of Idaho; and if he or she is removed from the control of one or more of his or her parents, guardian, or other custodian, the State shall secure adequate care for him or her, provided, however, that the State of Idaho shall, to the fullest extent possible, seek to preserve, protect, enhance, and reunite the family relationship.

Nothing in this chapter shall be construed to allow discrimination on the basis of disability. This chapter seeks to coordinate efforts by State and local public agencies, in cooperation with private agencies and organizations, citizens’ groups, and concerned individuals, to:

• Preserve the privacy and unity of the family, whenever possible
• Take such actions as may be necessary and feasible to prevent the abuse, neglect, abandonment, or homelessness of children
• Take such actions as may be necessary to provide the child with permanency, including concurrent planning
• Clarify for the purpose of this act the rights and responsibilities of parents with joint legal or joint physical custody of children at risk

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Idaho Code § 16-2005  The court may grant an order terminating parental rights when it finds that such termination is in the best interests of the child and that one or more of the following conditions exist:

• The parent has abandoned the child.
• The parent has neglected or abused the child.
• The presumptive parent is not the biological parent of the child.
• The parent is unable to discharge parental responsibilities, and such inability will continue for a prolonged indeterminate period and will be injurious to the health, morals, or well-being of the child.
• The parent has been incarcerated and is likely to remain incarcerated for a substantial period of time during the child’s minority.
• The parent caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under age 16, or sexual abuse of a child under age 16.
• The parent has subjected the child to torture, chronic abuse, or sexual abuse.
• The parent has committed murder or intentionally killed the other parent of the child; has committed murder or voluntary manslaughter of another child; or has aided, abetted, conspired or solicited to commit such murder or voluntary manslaughter.
• The parent has committed battery that resulted in serious bodily injury to a child.
• The court determines the child to be an abandoned infant, except in a parental termination action brought by one parent against another parent.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Idaho Code §§ 16-2005; 16-1624  If the parent has a disability, the parent shall have a right to provide evidence to the court regarding the manner in which adaptive equipment or supportive services will enable the parent to carry out parenting responsibilities.

If the child has been placed in the legal custody of the Department of Health and Welfare or under its protective supervision, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16. Unless there are compelling reasons it would not be in the best interests of the child, the department shall be required to file a petition to terminate parental rights within 60 days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because the parent has subjected the child to aggravated circumstances. The department shall join as a party to a petition filed by another party, as well as to concurrently identify, recruit, process, and approve a qualified family for adoption, unless it is determined that such actions would not be in the best interests of the child or the child is placed with a fit and willing relative.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Idaho Code § 39-8203

A child who is no more than 30 days old may be delivered to a safe haven provider.

Who May Relinquish the Infant

Citation: Idaho Code § 39-8203

A custodial parent may deliver the child to a safe haven provider.

Who May Receive the Infant

Citation: Idaho Code § 39-8202

Safe haven providers include:

• Licensed hospitals
• Licensed physicians and staff working at their offices and clinics
• Advanced practice professional nurses, including certified nurse-midwives, clinical nurse specialists, nurse practitioners, and certified registered nurse anesthetists
• Licensed physician assistants
• Medical personnel certified as first responders, emergency medical technicians, and paramedics

Responsibilities of the Safe Haven Provider

Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven shall take temporary physical custody of a child, without court order, if the child is personally delivered to a safe haven, provided that:

• The child is no more than 30 days old.
• The custodial parent delivers the child to the safe haven.
• The custodial parent does not express an intent to return for the child.

If a safe haven takes temporary physical custody of a child, the safe haven shall:

• Perform any act necessary, in accordance with generally accepted standards of professional practice, to protect, preserve, or aid the physical health and safety of the child during the temporary physical custody including, but not limited to, delivering the child to a hospital for care or treatment
• Immediately notify a peace officer or other person appointed by the court of the abandonment

Upon notification by a safe haven that a child has been abandoned, a peace officer or other person appointed by the court shall take protective custody of the child and shall immediately deliver the child to the care, control, and custody of the Department of Health and Welfare. If the child requires further medical evaluation, care, or treatment, the child shall be left in the care of a hospital, and the peace officer shall notify the court and prosecutor of the action taken and the location of the child so that a shelter care hearing may be held.

Immunity for the Provider

Citation: Idaho Code §§ 39-8203; 39-8204

A safe haven with responsibility for performing duties under this section and any employee, doctor, or other personnel working at the safe haven are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith in receiving a child and performing duties under this section.

A peace officer or other person appointed by the court who takes a child into custody under this section shall not be held liable, either criminally or civilly, unless the action of taking the child was exercised in bad faith or in violation of the provisions of this chapter.

Protection for Relinquishing Parent

Citation: Idaho Code §§ 39-8203; 39-8206

The safe haven provider shall not inquire as to the identity of the custodial parent and, if the identity of a parent is known to the safe haven provider, the provider shall keep all information as to the parent’s identity confidential. The custodial parent leaving the child shall not be required to provide any information to the safe haven provider but may voluntarily provide information including, but not limited to, medical history of the parent(s) or the child.

A custodial parent may leave a child at a safe haven without being subjected to prosecution for abandonment, provided that the child was no more than 30 days old when he or she was left at the safe haven, as determined within a reasonable degree of medical certainty.

Effect on Parental Rights

Citation: Idaho Code §§ 39-8204; 39-8205; 39-8206

The Department of Health and Welfare shall place an abandoned child with a potential adoptive parent as soon as possible.

The department shall file a petition for an adjudicatory hearing to vest legal custody in the department. A child protective investigation or criminal investigation shall not be initiated based on a claim of abandonment unless a claim of parental rights is made and the court orders the investigation.

During the initial 30-day period from the time the child was relinquished, law enforcement officials shall investigate through the missing children information clearinghouse and other State and national resources to ensure that the child is not a missing child. As soon as practicable following the 30-day period, the department shall petition to terminate the parental rights of the parent who abandoned the child.

A parent of the child may make a claim of parental rights by filing a notice of claim of parental rights with the vital statistics unit of the Department of Health and Welfare. To be valid, a claim of parental rights must be filed before an order terminating parental rights is entered by the court. A parent who fails to file a claim of parental rights prior to entry of an order terminating his or her parental rights is deemed to have abandoned the child and waived and surrendered any right in relation to the child, including the right to notice of any judicial proceeding in connection with the termination of parental rights or adoption of the child.

Current Through December 2014

Definitions

Citation: Ann. Code § 16-2002; Dept. Child Welfare Stds. The term ‘legal custody’ means the status created by a court order that vests in a custodian the following rights and responsibilities:

• To have physical custody and control of the child and to determine where and with whom the child shall live
• To supply the child with food, clothing, shelter, and incidental necessities
• To provide the child with care, education, and discipline
• To authorize medical, dental, psychiatric, psychological, and other care and treatment for the child

‘Guardianship of the person’ means those rights and duties imposed upon a person appointed as guardian of a minor under State law. It includes, but is not necessarily limited to:

• The authority to consent to marriage; enlistment in the armed forces of the United States; major medical, psychiatric, and surgical treatment
• The authority to represent the minor in legal actions and to make other decisions concerning the child of substantial legal significance
• The authority and duty of reasonable visitation, except to the extent that such right of visitation has been limited by court order
• The rights and responsibilities of legal custody, except when legal custody has been vested in another individual or in an authorized child-placing agency
• The authority to consent to the adoption of the child and to make any other decision concerning the child that the child’s parents could make when the parental rights of both parents have been terminated by judicial decree or when there is no living parent

In policy: A ‘relative’ is an individual who has a relationship with a child by blood, marriage, or adoption. Such individuals include grandparents, siblings, and extended family members such as aunts, uncles, and cousins.

A ‘relative guardian’ is a relative who is appointed a child’s legal guardian, including a guardianship established by a Tribal court.

Purpose of Guardianship

Citation: Dept. Child Welfare Stds. Legal guardianship should be considered when:

• Efforts to reunify the youth with parents have been exhausted and it remains unsafe for the youth to return home.
• A more permanent option, such as adoption, is not feasible.
• The youth is not amenable to adoption.
• The youth is living with a relative who is interested in being a permanent resource for the youth.
• The youth and family do not agree with termination of parental rights and adoption.

A Guardian’s Rights and Responsibilities

Citation: Dept. Child Welfare Stds.  A legal guardianship is a relationship that is intended to be permanent and self-sustaining, as evidenced by the transfer to the guardian of the following parental rights with respect to the child:

• Protection
• Education
• Care and control of the person
• Custody of the person
• Decision-making

Qualifying the Guardian

Citation: Admin. Code §§ 16.06.01.702; 16.06.01.703  The Department of Health and Welfare or its contractor will determine the suitability of an individual to become a legal guardian for a specific child or sibling group through a guardianship study.

To be eligible for a federally funded guardianship assistance payment, all prospective legal guardians and other adult members of the household must receive a criminal history and background check clearance. As a licensed foster parent, if the prospective relative legal guardian has already received a clearance, another check is not necessary.

Procedures for Establishing Guardianship

Citation: Dept. Child Welfare Stds.  A legal guardianship is a judicially created relationship, including one made by a Tribal court, between a child and a relative or nonrelative.

Legal guardianship does not require a termination of parental rights. The legal guardian is awarded legal custody of a child. Since it is mediated by court review, legal guardianship is considered a positive permanency option when adoption is not possible or practical.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

Citation: Dept. Child Welfare Stds.  If at any time the legal guardian or the child’s parent wants to terminate the guardianship, he or she must file a petition and go before a court to have the legal relationship dissolved.

Eligibility for Guardianship Subsidy

Citation: Admin. Code §§ 16.06.01.702; 16.06.01.703  To receive guardianship assistance, a potential legal guardian must apply for and receive a foster care license.

The Department of Health and Welfare will determine eligibility for guardianship assistance for each child placed in the legal custody of the department prior to the finalization of the guardianship. The child will first be considered for eligibility for a federally funded subsidy. Should the child be found ineligible for a federally funded subsidy, the child will then be considered for a State-funded subsidy.

The following requirements apply to a federally funded guardianship assistance for an eligible child and a relative guardian. A child is eligible for a federally funded guardianship if the child:

• Is age 14 or older sometime during the consecutive 6-month residence with the prospective relative legal guardian
• Has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child
• Cannot be returned home or adopted because it is determined that those are not appropriate permanency options for the child
• Has been eligible for title IV-E foster care maintenance payments during at least 6 consecutive months during which the child resided in the home of the prospective relative legal guardian who was licensed or approved as a foster family home
• Has been consulted regarding the legal guardianship arrangement
• Has demonstrated a strong attachment to the prospective relative legal guardian, and the relative legal guardian has a strong commitment to caring permanently for the child

The department may make guardianship assistance payments in accordance with a guardianship assistance agreement on behalf of each sibling of an eligible child, under age 18, who is placed with the same relative under the same legal guardianship arrangement.

Links to Agency Policies

Idaho Department of Health and Welfare Child Welfare Standards, Standard for Guardianship Assistance (PDF – 101 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Idaho Code § 16-1602; 16-1629; Admin. Code § 16.06.01.401  At any time the Department of Health and Welfare is considering placing a child in out-of-home care, the department shall make a reasonable effort to place the child in the least restrictive environment to the child and in so doing shall consider, consistent with the best interests and special needs of the child, placement priority of the child in the following order:

• A fit and willing relative
• A fit and willing nonrelative who has a significant relationship with the child
• Foster parents and other persons licensed in accordance with title 39, chapter 12

The term ‘relative’ means a child’s grandparent, great-grandparent, aunt, great-aunt, uncle, great-uncle, brother-in-law, sister-in-law, first cousin, sibling, and half-sibling.

In regulation: The department will make meaningful reasonable attempts, both verbally and in writing, to inform individuals identified below of the potential imminent placement and the requirements for consideration as a placement resource. Ideally, placement priority will be given in the following order:

• Immediate family
• Extended family members
• Nonfamily members with a significant established relationship with the child
• Other licensed foster parents

Requirements for Placement with Relatives

Citation: Admin. Code § 16.06.01.401  The department will place children in a safe and trusted environment consistent with the best interests and special needs of the children as required by P.L. 96-272, § 475(5).

Upon immediate contact with persons in categories listed above, and after preliminary screening, departmental staff will make reasonable attempts to inform immediate family members of the way to become a placement resource within 72 hours of the decision to place.

In all cases, alternate care placement will include consideration of:

• A family assessment of potential caregivers
• The ability of potential caregivers to address and be sensitive to the unique and individual needs of the child and their ability to comply with and support the plan for the child and the child’s family
• The involvement of the family in planning and selecting the placement

The department will use a family unity meeting concept in making reasonable efforts to gather immediate and extended family members and other significant supporters to identify family strengths relevant to creating a safe environment for the child.

Requirements for Placement of Siblings

This issue is not addressed in the statutes and regulations reviewed.

Relatives Who May Adopt

This issue is not addressed in the statutes and regulations reviewed.

Requirements for Adoption by Relatives

Citation: Idaho Code § 16-1506  In those instances where the prospective adoptive parent is the grandparent of the child to be adopted, a social investigation shall be completed with regard to the prospective adoptive parent only upon order of the court.

Current Through March 2016

What Are Reasonable Efforts

Citation: Idaho Code § 16-1621(1), (3)  The Department of Health and Welfare shall prepare a written case plan in every case in which the child is determined to be within the jurisdiction of the court, including cases in which the parent(s) is incarcerated.

If the child is placed in the legal custody of the department, the case plan shall set forth reasonable efforts that will be made to make it possible for the child to return home. The case plan also shall:

• Identify the services to be provided to the child, including services to identify and meet any special educational, emotional, physical, or developmental needs the child may have; to assist the child in adjusting to the placement; or to ensure the stability of the placement
• Address options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child, and organizations or community activities with which the child has a significant connection
• Include a goal of reunification and a plan for achieving that goal

The reunification plan shall identify all issues that need to be addressed before the child can safely be returned home without department supervision. The reunification plan shall specifically identify the tasks to be completed by the department, each parent, or others to address each issue, including services to be made available by the department to the parents and in which the parents are required to participate, and deadlines for completion of each task. The case plan shall state with specificity the role of the department toward each parent. When appropriate, the reunification plan should identify terms for visitation, supervision of visitation, and child support.

When Reasonable Efforts Are Required

Citation: Idaho Code § 16-1619(6)  If the court vests legal custody in the department or other authorized agency, the court shall make detailed written findings based on facts in the record as to whether the department made reasonable efforts to prevent the placement of the child in foster care, including findings, when appropriate, that:

• Reasonable efforts were made but were not successful in eliminating the need for foster care placement of the child.
• The department made reasonable efforts to prevent removal but was not able to safely provide preventive services.
• Reasonable efforts to temporarily place the child with related persons were made but were not successful.
• Reasonable efforts were not required as the parent had subjected the child to aggravated circumstances.

When Reasonable Efforts Are NOT Required

Citation: Idaho Code §§ 16-1619(6)(d); 16-1602(5)  Reasonable efforts are not required if the parent has subjected the child to aggravated circumstances as determined by the court. ‘Aggravated circumstances’ includes, but is not limited to:

• Circumstances in which the parent has engaged in any of the following:
  • Abandonment, chronic abuse, or chronic neglect of the child
    • Chronic neglect or chronic abuse of a child shall consist of abuse or neglect that is so extreme or repetitious as to indicate that return of the child to the home would result in unacceptable risk to the health and welfare of the child.
  • Sexual abuse against a child of the parent, which includes any conduct described in §§ 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101, 18-6108, or 18-6608
  • Torture of a child; any conduct described in the code sections listed in § 18-8303(1) (including ritualized abuse of a child, lewd conduct, murder committed in the perpetration of rape, kidnapping committed for the purpose of rape, committing an infamous crime against nature, committing any lewd and lascivious act upon any child under age 16 for purposes of sexual gratification or arousal, rape, forcible sexual penetration by use of a foreign object, or sex trafficking); battery or an injury to a child that results in serious or great bodily injury to a child; voluntary manslaughter of a child; or aiding or abetting such voluntary manslaughter, soliciting such voluntary manslaughter, or attempting or conspiring to commit such voluntary manslaughter
• The parent has committed murder, aided or abetted a murder, solicited a murder, or attempted or conspired to commit murder.
• The parental rights of the parent to another child have been terminated involuntarily.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How to Establish a Standby Guardian

Citation:This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation:This issue is not addressed in the statutes reviewed.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: This issue is not addressed in the statutes reviewed.