Idaho Code § 16-1611 — Idaho Code / Title 16 / Chapter 16 / Section 16-1611
16-1611 SUMMONS.
Status: in_force

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. Each parent or guardian shall also be notified in the manner hereinafter provided of the pendency of the case and the time and place set for the hearing. A summons shall be issued and served requiring the appearance of each parent and legal guardian, and a summons may be issued and served for any other person whose presence is required by the child, either of his parents or guardian or any other person whose presence, in the opinion of the court, is necessary.

(2) A copy of the petition shall be attached to each summons.

(3) The summons shall notify each of the parents, guardian or legal custodian of their right to retain and be represented by counsel. Each parent or legal guardian of each child named in the petition shall be notified by the court of the case and of the time and place set for the hearing.

(4) If based on facts presented to the court, it appears that the court has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, and the court finds that the child should be removed from his present condition or surroundings because continuation in such condition or surroundings would be contrary to the welfare of the child and vesting legal custody with the department or other authorized agency would be in the child's best interests, the court shall include on the summons an order to remove the child. The order to remove the child shall specifically state that continuation in the present condition or surroundings is contrary to the welfare of the child and shall require a peace officer or other suitable person to take the child at once to a place of shelter care designated by the authorized agency which shall provide shelter care for the child.

(5)(a) If there is reasonable cause to believe that a child would be safe in the child's present surroundings in the sole care of one (1) parent, legal guardian, or legal custodian and neglect or abuse by another parent, legal guardian, or legal custodian is alleged, then a prosecutor or the attorney general may file a motion with the court for an order to prevent removal of the child that excludes the alleged offending parent, legal guardian, or legal custodian from the residence where the child resides. If the court finds reasonable cause to believe that such elements have been demonstrated, the court shall issue an order that shall exclude the alleged offending parent, legal guardian, or legal custodian from the dwelling where the child resides, restrain any contact or communication with the child, and restrain the alleged offending parent, legal guardian, or legal custodian from coming within one thousand five hundred (1,500) feet, or other appropriate distance, of the child until further order of the court.

(b) A motion filed pursuant to paragraph (a) of this subsection shall be accompanied by a sworn affidavit from a law enforcement officer or the department.

(c) A copy of an order to prevent removal along with a copy of the petition and summons shall be served on the alleged offending parent, legal guardian, or legal custodian, and all parents, legal guardians, or legal custodians shall receive notice of a hearing on whether to continue an order within forty-eight (48) hours, excluding Saturdays, Sundays, and holidays.

(d) The court shall continue an order to prevent removal until further order of the court if, at a hearing on whether to continue the order, the prosecutor or attorney general shows:

(i) A petition and summons have been issued pursuant to subsection (1) of this section;

(ii) There is reasonable cause to believe the child is safe in the child's current surroundings in the sole care of one (1) parent, legal guardian, or legal custodian but has been neglected or abused by the other parent, legal guardian, or legal custodian; and

(iii) Continuation of the order is in the child's best interest.

(e) Any person who fails to abide by an order to prevent removal shall be guilty of misdemeanor criminal contempt, as described in section 18-1801, Idaho Code.

History:

[(16-1611) 16-1606, added 1976, ch. 204, sec. 2, p. 736; am. 1982, ch. 186, sec. 6, p. 495; am. 1989, ch. 302, sec. 2, p. 754; am. 1996, ch. 272, sec. 5, p. 889; am. 2001, ch. 107, sec. 6, p. 357; am. and redesig. 2005, ch. 391, sec. 13, p. 1276; am. 2007, ch. 223, sec. 1, p. 669; am. 2025, ch. 165, sec. 3, p. 793.]
Idaho Code § 16-1608 — Idaho Code / Title 16 / Chapter 16 / Section 16-1608
16-1608 EMERGENCY REMOVAL.
Status: in_force

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 to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.

(2) When a child is taken into shelter care under subsection (1) of this section, he may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, unless a shelter care hearing has been held pursuant to section 16-1615, Idaho Code, and the court orders an adjudicatory hearing.

History:

[(16-1608) 16-1612, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 12, p. 498; am. 1989, ch. 302, sec. 4, p. 756; am. 2001, ch. 107, sec. 13, p. 365; am. 2001, ch. 357, sec. 3, p. 1259; am. 2005, ch. 25, sec. 76, p. 113; am. and redesig. 2005, ch. 391, sec. 10, p. 1274; am. 2025, ch. 165, sec. 2, p. 792.]
Idaho Code § 16-113 — Idaho Code / Title 16 / Chapter 1 / Section 16-113
16-113 MAINTENANCE OF EXISTING PROGRAM LEVELS.
Status: in_force

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 maternal and child health);

(3) The alteration of eligibility under title XIX of the social security act (relating to medicaid for infant and toddlers with disabilities);

(4) The reduction of early intervention services provided by the state department of education, the department of health and welfare, or the school for the deaf and the blind.

History:

[16-113, added 1991, ch. 253, sec. 1, p. 629.]
Idaho Code § 16-2009 — Idaho Code / Title 16 / Chapter 20 / Section 16-2009
16-2009 HEARING.
Status: in_force

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 be excluded and only such persons admitted whose presence is requested by any person entitled to notice under the provisions of section 16-2007, Idaho Code, or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. The court may require the presence of witnesses deemed necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 16-2007, Idaho Code, shall not be required to appear at the hearing.

(2) The parent or guardian ad litem shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel and, if counsel is requested and the parent or guardian is financially unable to employ counsel, counsel shall be provided only if such representation is constitutionally required. The prosecuting attorneys of the several counties shall represent the department at all stages of the hearing.

(3) The court's finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such report, study or examination shall be subject to both direct and cross-examination.

History:

[16-2009, added 1963, ch. 145, sec. 9, p. 420; am. 1983, ch. 128, sec. 1, p. 324; am. 1987, ch. 207, sec. 4, p. 439; am. 1993, ch. 88, sec. 1, p. 217; am. 2025, ch. 329, sec. 3, p. 1355.]
Idaho Code § 16-2407 — Idaho Code / Title 16 / Chapter 24 / Section 16-2407
16-2407 VOLUNTARY ADMISSION TO HOSPITAL OR RESIDENTIAL TREATMENT FACILITY.
Status: in_force

16-2407. Voluntary admission to hospital or residential treatment facility. When the department provides services under this chapter, such services shall be provided on a voluntary basis whenever informed consent can be obtained, and the department shall ensure that services made available to children subject to involuntary treatment orders are also available on a comparable basis to children seeking services on a voluntary basis.

(1) Admission of children. A treatment facility may admit a child after examining the child and interviewing the family, if a clinician with authority to admit patients to the facility determines that the child is seriously emotionally disturbed and is in need of hospitalization or residential services and, the child's parent, custodian or guardian give such consent to treatment. Prior to such admission, the child and his parent, custodian or guardian shall be advised orally and given a written statement of his rights under this chapter as provided in section 16-2426, Idaho Code, provided that, if the condition of the child is such that notice and advice of his rights would be ineffective, and this determination is recorded in the child's record, such advice to the child may be deferred until the child's mental and emotional condition permits, but for no more than forty-eight (48) hours. Each child and parent shall be asked to sign an acknowledgment that they have been so advised, and this acknowledgment shall be kept in the child's record.

(2) A child shall not be voluntarily admitted to a facility operated by the department unless evaluated and referred by a person on the staff of the regional family and children's services program.

(3) When a child is in a voluntary, out-of-home placement which is funded in whole or in part by state or federal funds, the department may have the propriety of the placement reviewed by the district court of the county in which the child is placed or the county of the child's residence every one hundred eighty (180) days after placement or as required by statutes which govern federal funding for children who are placed out of their homes.

History:

[16-2407, added 1997, ch. 404, sec. 1, p. 1286.]
Idaho Code § 16-1619B — Idaho Code / Title 16 / Chapter 16 / Section 16-1619B
16-1619B PLACEMENT OF CHILD IN CONGREGATE CARE SETTINGS — REGULAR COMPREHENSIVE REVIEW OF PLACEMENT.
Status: in_force

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 department shall file a notice of such placement with the court within seven (7) days of the placement. The notice shall identify the type of placement and the date of the placement.

(2) No child twelve (12) years of age or younger shall be placed in a short-term rental, temporary shelter care, or congregate care setting unless the director of the department has granted express written approval of such placement. Written approval may be given by the director only when:

(a) The child is three (3) years of age or older; the child is a part of a sibling group placed in the same short-term rental, temporary shelter care, or congregate care setting; and at least one (1) of the members of the sibling group is thirteen (13) years of age or older;

(b) The child is six (6) years of age or older and has been taken into shelter care through the emergency removal process pursuant to section 16-1608, Idaho Code; or

(c) The child's teenage mother is placed in the same short-term rental, temporary shelter, or congregate care setting.

(3) Children who do not meet the eligibility requirements set forth in section 16-1619A, Idaho Code, shall not be placed in a qualified residential treatment program or a short-term rental, temporary shelter care, or congregate care setting for more than two (2) weeks, except for documented emergency circumstances.

(4) The director of the department shall undertake a comprehensive review of the placement of each child who is in the legal custody of the department, which shall be conducted on the following schedule:

(a) For any child placed in a short-term rental or other facility that is not licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed fourteen (14) days after placement and every fourteen (14) days thereafter; and

(b) For any child placed in a facility that is licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed ninety (90) days after placement and every ninety (90) days thereafter. For the purposes of this subsection, licensed facilities include but are not limited to qualified residential treatment programs and licensed children's institutions as defined by section 39-1202, Idaho Code.

(5) Each review pursuant to subsection (4) of this section shall include an assessment of the following:

(a) The safety of the child in the facility;

(b) The child's treatment needs and the facility's capacity to treat those needs;

(c) The child's treatment plan and the child's progress on that treatment plan;

(d) The child's discharge plan and progress made toward discharge planning; and

(e) Whether a less restrictive placement could be safely made.

(6) Where a review pursuant to subsection (4) of this section shows that a placement is appropriate, the director shall approve that placement. If such review shows that the placement is not appropriate, the director shall take steps to end that placement within fourteen (14) days.

(7) The provisions of subsections (4), (5), and (6) of this section shall not apply to a child placed in:

(a) A foster home or relative foster home;

(b) The home of a parent, guardian, or custodian; or

(c) A correctional facility, as that term is defined in section 18-101A, Idaho Code.

History:

[16-1619B, added 2024, ch. 153, sec. 1, p. 600; am. 2025, ch. 125, sec. 1, p. 656.]
Idaho Code § 16-2430 — Idaho Code / Title 16 / Chapter 24 / Section 16-2430
16-2430 TRANSPORTATION.
Status: in_force

16-2430. Transportation. Following disposition by the department, it is the responsibility of the county sheriff to transport the person to the treatment facility. The department must notify the sheriff of the designated treatment facility within twenty-four (24) hours of the entry of the department's disposition order. The county and the department shall allow for transportation by a family member or a member of the family and children's services regional program staff whenever possible and determined to be in the best interests of the child.

History:

[16-2430, added 1997, ch. 404, sec. 1, p. 1298.]
Idaho Code § 16-102 — Idaho Code / Title 16 / Chapter 1 / Section 16-102
16-102 POLICY.
Status: in_force

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 provide assistance and support to the family of an infant or toddler with a disability that addresses the individual needs of the family;

(3) To develop and implement with available resources a statewide screening and tracking system for infants and toddlers at risk;

(4) To develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for all infants and toddlers with disabilities and their families;

(5) To enhance the capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities;

(6) To facilitate the coordination of payment for early intervention services from federal, state, local, and private sources including public and private insurance coverage; and

(7) To guarantee financial assistance for the purposes of coordinating early intervention services in communities and to enhance their capacity to provide individualized services to infants and toddlers with disabilities and their families.

History:

[16-102, added 1991, ch. 253, sec. 1, p. 621.]
Idaho Code § 16-1514A — Idaho Code / Title 16 / Chapter 15 / Section 16-1514A
16-1514A INTERNATIONAL ADOPTION.
Status: in_force

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 the decree, order or certificate of adoption which evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the United States government with the clerk of the court of any county in this state having jurisdiction over the person or persons filing such documents.

(2) The court shall assign a docket number and file and enter the documents referenced in subsection (1) of this section with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.

(3) When such order is filed and entered, the adoptive parents may request a report of adoption as provided in section 39-259, Idaho Code.

History:

[16-1514A, added 2006, ch. 77, sec. 2, p. 236.]
Idaho Code § 16-1625 — Idaho Code / Title 16 / Chapter 16 / Section 16-1625
16-1625 APPEAL — EFFECT ON CUSTODY.
Status: in_force

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 entered pursuant to section 16-1619, Idaho Code;

(b) Any order subsequent to the adjudicatory decree that vests legal custody of the child in the department or other authorized agency;

(c) Any order subsequent to the adjudicatory decree that authorizes or mandates the department to cease reasonable efforts to make it possible to return the child to his home, including an order finding aggravated circumstances; or

(d) An order of dismissal.

(2) Where the order affects the custody of a child, the appeal shall be heard at the earliest practicable time. The pendency of an appeal shall not suspend the order of the court regarding a child, and it shall not discharge the child from the legal custody of the authorized agency to whose care he has been committed, unless otherwise ordered by the district court. No bond or undertaking shall be required of any party appealing to the district court under the provisions of this section. Any final order or judgment of the district court shall be appealable to the supreme court of the state of Idaho in the same manner as appeals in other civil actions. The filing of the notice of appeal shall not, unless otherwise ordered, stay the order of the district court.

History:

[(16-1625) 16-1617, added 1976, ch. 204, sec. 2, p. 742; am. 1982, ch. 186, sec. 16, p. 500; am. 2001, ch. 107, sec. 17, p. 367; am. and redesig. 2005, ch. 391, sec. 27, p. 1286; am. 2010, ch. 26, sec. 2, p. 46; am. 2013, ch. 287, sec. 9, p. 753.]
Idaho Code § 16-2014 — Idaho Code / Title 16 / Chapter 20 / Section 16-2014
16-2014 APPEALS.
Status: in_force

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 the parent-child relationship.

History:

[16-2014, added 1963, ch. 145, sec. 14, p. 420; am. 1971, ch. 170, sec. 4, p. 805; am. 2010, ch. 26, sec. 3, p. 46.]
Idaho Code § 16-2006 — Idaho Code / Title 16 / Chapter 20 / Section 16-2006
16-2006 CONTENT OF PETITION.
Status: in_force

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 of the child;

c. The basis for the court's jurisdiction;

d. The relationship of the petitioner to the child, or the fact that no relationship exists;

e. The names, addresses, and dates of birth of the parents; and where the child is illegitimate, the names, addresses and dates of birth of both parents, if known to the petitioner;

f. Where the child's parent is a minor, the names and addresses of said minor's parents or guardian of the person; and where the child has no parent or guardian, the relatives of the child to and including the second degree of kindred;

g. The name and address of the person having legal custody or guardianship of the person or acting in loco parentis to the child or authorized agency having legal custody or providing care for the child;

h. The grounds on which termination of the parent and child relationship is sought;

i. The names and addresses of the persons and authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred;

j. A list of the assets of the child together with a statement of the value thereof.

History:

[16-2006, added 1963, ch. 145, sec. 6, p. 420.]
Idaho Code § 16-1626 — Idaho Code / Title 16 / Chapter 16 / Section 16-1626
16-1626 COURT RECORDS.
Status: in_force

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 supervision or having legal custody of the child. Any other person may have access to the records only upon permission by the court and then only if it is shown that such access is in the best interests of the child; or for the purpose of legitimate research. If the records are released for research purposes, the person receiving them must agree not to disclose any information which could lead to the identification of the child.

History:

[(16-1626) 16-1621, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 20, p. 502; am. 1996, ch. 272, sec. 13, p. 895; am. and redesig. 2005, ch. 391, sec. 28, p. 1286.]
Idaho Code § 16-1501 — Idaho Code / Title 16 / Chapter 15 / Section 16-1501
16-1501 MINORS AND ADULTS MAY BE ADOPTED.
Status: in_force

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 person adopting has sustained the relation of parent to such adopted person:

(a) For a period in excess of one (1) year while the person was a minor; or

(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.

(2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent. As used in this chapter:

(a) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability.

(b) "Disability" means, with respect to an individual, any mental or physical impairment which substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the effect of corrective or mitigating measures used to reduce the effects of the impairment.

(c) "Supportive services" means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters.

(3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.

History:

[(16-1501) 1879, p. 8, sec. 1; R.S., sec. 2545; reen. R.C. & C.L., sec. 2700; C.S., sec. 4682; I.C.A., sec. 31-1101; am. 1951, ch. 283, sec. 1, p. 611; am. 1953, ch. 150, sec. 1, p. 245; am. 1972, ch. 147, sec. 1, p. 318; am. 1991, ch. 39, sec. 1, p. 78; am. 1996, ch. 195, sec. 1, p. 610; am. 2002, ch. 233, sec. 4, p. 671; am. 2013, ch. 138, sec. 3, p. 324; am. 2014, ch. 97, sec. 1, p. 265.]
Idaho Code § 16-104 — Idaho Code / Title 16 / Chapter 1 / Section 16-104
16-104 EARLY INTERVENTION SYSTEM.
Status: in_force

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 early intervention services. The lead agency shall identify statewide and regional early intervention staff to be responsible for planning, developing, coordinating, monitoring and evaluating the requirements of this chapter.

History:

[16-104, added 1991, ch. 253, sec. 1, p. 624.]
Idaho Code § 16-1647 — Idaho Code / Title 16 / Chapter 16 / Section 16-1647
16-1647 CITIZEN REVIEW PANELS — CHILD PROTECTION LEGISLATIVE REVIEW PANEL.
Status: in_force

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 child protection system within its respective health district.

(2) Each citizen review panel shall be comprised of up to seven (7) members. Members shall reside within the boundaries of the public health district.

(3) The public health districts shall develop an application and process for selecting citizen review panel members. The public health districts shall be responsible for convening the meetings of the citizen review panels and providing administrative support to coordinate meeting times and reports. Panel members shall be volunteers broadly representative of the community in which the panel is established and include members who have expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect. An effort shall be made to create a panel comprised of members from diverse professional backgrounds who demonstrate a strong motivation to improve the lives of children. Panel members must pass a criminal background check.

(4) Each citizen review panel shall review all cases brought under the child protective act that have been open in the corresponding district court, or other appropriate local jurisdiction, longer than one hundred twenty (120) days.

(5) Citizen review panel members shall be granted access to copies of all records in the department's custody related to the child and case under review including all information pertaining to prior referrals, prior safety assessments, all court filings and any police reports. The department shall give citizen review panel members access to copies of any additional records within the department's custody upon request. The department shall develop a memorandum of understanding addressing delivery, maintenance and destruction of all records, which must be signed by the panel member before accessing department records.

(6) Representative members from each of the seven (7) citizen review panels shall meet at least quarterly to discuss trends and concerns arising in different areas of the state. Meetings may take place telephonically, electronically or in person.

(7) Each citizen review panel shall produce a quarterly report containing a summary of the activities of the panel and offering recommendations to improve the child protection system experience for children. Reports shall be provided to the department and presented to the child protection legislative review panel established in subsection (9) of this section during its next meeting. Reports shall be exempt from public disclosure in the same manner as are records of investigations prepared by the department pursuant to section 74-105(7), Idaho Code.

(8) The department shall submit an annual written response to citizen review panel reports. This response shall be made available to the public and presented to the child protection legislative review panel established in subsection (9) of this section.

(9) A child protection legislative review panel is hereby established. The panel shall be comprised of four (4) members of the house of representatives chosen by the speaker of the house, with one (1) such member chosen from the house health and welfare committee and one (1) such member chosen from the house judiciary, rules and administration committee and four (4) members of the senate chosen by the president pro tempore, with one (1) such member chosen from the senate health and welfare committee and one (1) such member chosen from the senate judiciary and rules committee. The child protection legislative review panel shall meet as needed, but at least twice annually, to review citizen review panel reports and the department's annual response and for other purposes related to child protection. The child protection legislative review panel shall prepare an annual report summarizing citizen review panel recommendations and the department's response and shall submit that report to the United States department of health and human services annually.

History:

[16-1647, added 2018, ch. 287, sec. 6, p. 686.]
Idaho Code § 16-2418 — Idaho Code / Title 16 / Chapter 24 / Section 16-2418
16-2418 CRITERIA FOR ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Status: in_force

16-2418. Criteria for one hundred twenty day involuntary treatment order. (1) A child may be treated involuntarily, and placed at a facility, according to the disposition of the department under section 16-2415, Idaho Code, for a period of up to one hundred twenty (120) days if, after the hearing provided in section 16-2417, Idaho Code, the court determines on the basis of clear and convincing evidence that:

(a) The child is suffering from severe emotional disturbance; and

(b) There is reasonable prospect that his illness is treatable by a facility or program operated by the department or other facility available to the department for treatment of children with serious emotional disturbance; and

(c) A child's parent or guardian refuses or is unable to adequately provide for the treatment of the child consistent with the requirements of public safety; and

(d) As the result of serious emotional disturbance, the child is:

(i) Likely to cause harm to himself or suffer substantial mental or physical deterioration; or

(ii) Likely to cause harm to others.

(2) Within seven (7) days after entry of the order for involuntary commitment, the department of health and welfare shall develop a plan of treatment to be approved by the court which includes:

(a) A proposed placement and projections for aftercare upon completion of treatment;

(b) Specific behavioral goals by which the success of the treatment can be measured; and

(c) Evidence of attempts to involve the patient and the patient's family in the development of the plan.

(3) The plan of treatment shall be consistent with the least restrictive alternative principle.

(4) The court may conduct a review hearing at any time to monitor compliance and to make any significant adjustment from the plan of treatment during the period of involuntary commitment.

History:

[16-2418, added 1997, ch. 404, sec. 1, p. 1292; am. 2005, ch. 307, sec. 5, p. 958.]
Idaho Code § 16-2405 — Idaho Code / Title 16 / Chapter 24 / Section 16-2405
16-2405 CHARGES TO PARENTS.
Status: in_force

16-2405. Charges to parents. Parents may be charged for services provided to their children by the department pursuant to section 39-3140, Idaho Code, provided that all services that are part of the child's free appropriate public education as defined in the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended, shall be provided to the child at no cost to the parents.

History:

[16-2405, added 1997, ch. 404, sec. 1, p. 1286; am. 2025, ch. 110, sec. 2, p. 576.]
Idaho Code § 16-2507 — Idaho Code / Title 16 / Chapter 25 / Section 16-2507
16-2507 RELEASE OF REMAINING FEDERAL BENEFIT FUNDS UPON TERMINATION OF LEGAL CUSTODY.
Status: in_force

16-2507. Release of remaining federal benefit funds upon termination of legal custody. If the department is the child's representative payee, upon termination of the department's legal custody of a child, the department shall release any remaining funds to:

(1) The child, if the child is at least eighteen (18) years of age or emancipated; or

(2) The child's parent or guardian, if the child is younger than eighteen (18) years of age and is not emancipated.

History:

[16-2507, added 2026, ch. 31, sec. 1, p. 133.]
Idaho Code § 16-1606 — Idaho Code / Title 16 / Chapter 16 / Section 16-1606
16-1606 IMMUNITY.
Status: in_force

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 criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any such judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.

History:

[(16-1606) 16-1620, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 19, p. 501; am. 1985, ch. 158, sec. 2, p. 417; am. 1995, ch. 328, sec. 1, p. 1097; am. and redesig. 2005, ch. 391, sec. 8, p. 1273.]
Idaho Code § 16-2106 — Idaho Code / Title 16 / Chapter 21 / Section 16-2106
16-2106 FINANCIAL RESPONSIBILITY OF PARENTS AND GUARDIANS OF ESTATE.
Status: in_force

16-2106. Financial responsibility of parents and guardians of estate. The compact administrator shall take appropriate action to effect the recovery from relevant parents or guardians of estate, at the option of said administrator, of any and all costs expended by the state, or any of its subdivisions, with respect to Idaho children handled under said compact.

History:

[16-2106, added 1976, ch. 189, sec. 1, p. 686.]
Idaho Code § 16-1613 — Idaho Code / Title 16 / Chapter 16 / Section 16-1613
16-1613 HEARINGS UNDER THE CHILD PROTECTIVE ACT.
Status: in_force

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 general public shall be excluded, and only such persons shall be admitted as are found by the court to have a direct interest in the case. The child may be excluded from hearings at any time at the discretion of the court. If the parent or guardian is without counsel, the court shall inform them of their right to be represented by counsel and to appeal from any disposition or order of the court.

(2) When a child is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend, or other person having a supportive relationship with the child shall, if available, be permitted to remain in the courtroom at the witness stand with the child during the child's testimony unless, in written findings made and entered, the court finds that the constitutional right of the child's parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly prejudiced.

(3) At any stage of a proceeding under this chapter, if the court determines that it is in the best interests of the child or society, the court may cause the proceeding to be expanded or altered to include full or partial consideration of the cause under the juvenile corrections act without terminating the original proceeding under this chapter.

History:

[(16-1613) 16-1607A, added 2001, ch. 107, sec. 7, p. 358; am. and redesig. 2005, ch. 391, sec. 15, p. 1278.]
Idaho Code § 16-1617 — Idaho Code / Title 16 / Chapter 16 / Section 16-1617
16-1617 INVESTIGATION BY MULTIDISCIPLINARY TEAMS.
Status: in_force

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 consist of, but not be limited to, law enforcement personnel, department of health and welfare child protection risk assessment staff, child advocacy center staff where such staff is available in the county, a representative of the prosecuting attorney's office, and any other person deemed to be necessary due to his or her special training in child abuse investigation. Other persons may participate in investigation of particular cases at the invitation of the team and as determined necessary, such as medical personnel, school officials, mental health workers, personnel from domestic violence programs, persons knowledgeable about adaptive equipment and supportive services for parents or guardians with disabilities or the guardian ad litem program.

(2) The teams shall develop a written protocol for investigation of child abuse cases and for interviewing alleged victims of such abuse or neglect, including protocols for investigations involving a family member with a disability. Each team shall develop written agreements signed by member agencies, specifying the role of each agency, procedures to be followed to assess risks to the child and criteria and procedures to be followed to ensure the child victim's safety including removal of the alleged offender.

(3) Each team member shall be trained in his or her respective role, including risk assessment, dynamics of child abuse and interviewing and investigatory techniques. Such training may be provided by the Idaho network of children's advocacy centers or by the member's respective agency.

(4) Each team shall classify, assess and review a representative selection of cases referred to either the department or to law enforcement entities for investigation of child abuse or neglect.

(5) Each multidisciplinary team shall develop policies that provide for an independent review of investigation procedures utilized in cases upon completion of any court actions on those cases. The procedures shall include independent citizen input. Nonoffending parents of child abuse victims shall be notified of the review procedure.

(6) Prosecuting attorneys of the various counties may determine that multidisciplinary teams may be most effectively established through the use of joint exercise of powers agreements among more than one (1) county and such agreements are hereby authorized.

(7) Lack of review by a multidisciplinary team of a particular case does not defeat the jurisdiction of the court.

History:

[(16-1617) 16-1609A, added 1996, ch. 388, sec. 1, p. 1312; am. 2001, ch. 107, sec. 10, p. 361; am. 2003, ch. 279, sec. 5, p. 754; am. and redesig. 2005, ch. 391, sec. 19, p. 1280; am. 2014, ch. 120, sec. 2, p. 340.]