Idaho Code § 16-1609 — Idaho Code / Title 16 / Chapter 16 / Section 16-1609
16-1609 EMERGENCY REMOVAL — NOTICE.
Status: in_force

16-1609. Emergency removal — Notice. (1) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall immediately:

(a) Take the child to a place of shelter; and

(b) Notify the court of the action taken and the place to which the child was taken; and

(c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing.

(2) A peace officer who takes a child into shelter care under section 16-1608, Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with.

History:

[(16-1609) 16-1613, as added by 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 13, p. 499; am. 1996, ch. 272, sec. 10, p. 893; am. 2001, ch. 107, sec. 14, p. 365; am. 2001, ch. 357, sec. 4, p. 1259; am. 2005, ch. 25, sec. 77, p. 113; am. and redesig. 2005, ch. 391, sec. 11, p. 1274.]
Idaho Code § 16-2402 — Idaho Code / Title 16 / Chapter 24 / Section 16-2402
16-2402 LEGISLATIVE PURPOSES.
Status: in_force

16-2402. Legislative purposes. (1) It is the policy of the legislature and the state of Idaho that services for children with serious emotional disturbance should be planned and implemented to maximize the support of the family's ability to provide adequate safety and well-being for the child at home. If the child cannot receive adequate services within the family home to maintain individual safety and well-being, community resources shall be provided to minimize the need for institutional or other residential placement. The legislature finds that family involvement and participation in the child's treatment planning and implementation is vital to successful intervention for children with serious emotional disturbance.

(2) Services to address mental health needs are one part of a broad array of services which should be available to Idaho's children with special needs. Such services shall maximize the preservation of the family, by coordination and collaboration of services with schools and community. The department of health and welfare, the department of education, the department of juvenile corrections, school districts, counties and any other appropriate entities, shall cooperate and collaborate in planning, developing and providing services, and shall consult with counties and private providers of mental health services.

(3) Services shall be individually planned to meet the unique needs of each child and family. Such planning shall include the parent, guardian or surrogate parent(s) of each child. The continuum of services shall include, but not be limited to, individual and family counseling, crisis intervention services, day treatment, respite care, therapeutic foster homes, family support services, residential treatment and inpatient services. These services shall be available to meet the needs of Idaho's children with serious emotional disturbance or mental illness and their families. Services shall be provided without requiring that parents relinquish custody of the child.

(4) This chapter is intended to achieve, and shall be construed to promote, these legislative purposes:

(a) To empower families of children with serious emotional disturbance to determine their own needs and to make decisions and choices, concerning them;

(b) To give families of children with serious emotional disturbance the support they need, to maintain a stable, nurturing home environment for the children, and to respond to the needs of the entire family, without requiring families to accept services that they do not desire or seek;

(c) To utilize out-of-home placement only after families are provided supportive services and those services are inadequate to provide a reasonable level of safety and well-being for the child and family, or when an emergency exists which requires immediate intervention. Any placement of a child out of home shall follow the principles of least restrictive alternative placement as defined in this chapter and shall be for the shortest period of time necessary to provide for the safety and well-being of the child and family;

(d) To plan, develop, deliver, and evaluate services for children with serious emotional disturbance in an efficient, coordinated and collaborative statewide system, of individualized services;

(e) To provide services in settings that are close to the patterns and norms of society and sensitive to the regional, cultural, and ethnic characteristics of Idaho's families and communities;

(f) To provide services for families as close to their home communities as possible and to promote integration of families into their communities;

(g) To make use of the capacities of local communities to complement existing public and private community resources, including natural and informal supports provided by family and friends;

(h) To give priority to planning, developing, implementing, and evaluating children's mental health services to prevent, ameliorate, or reduce the impact of serious emotional disturbance on families;

(i) To assist all state and local public and private agencies and service providers to provide appropriate, flexible, and cost-effective home and community-based services for families;

(j) All state agencies providing services to children with serious emotional disturbances prior to the passage of this chapter shall maintain their existing level of services to this population.

(5) All department and private providers acting under this chapter shall:

(a) Identify and coordinate all available resources, both formal and informal, public and private, so that the needs of families can be met and their strengths can be applied;

(b) Include participation of families with children with serious emotional disturbance in all phases of planning, developing, implementing, and evaluating the programs that affect them;

(c) Be flexible, so that families will have power to decide what services to use, how to use them, and how often to use them;

(d) Apply a family centered approach in working with families;

(e) Respect a family's method of problem solving and their preferred methods of communication;

(f) Be sensitive to families' social, economic, physical and other environments;

(g) Disseminate information so that eligible families will know of the availability of services;

(h) Provide services in a manner to ensure uninterrupted and consistent availability of services between children's and adult services when the child reaches the age of majority;

(i) Refrain from any discrimination on the basis of race, gender, religion, ethnicity, national origin, or disabling condition in the employment of individuals, and in providing services.

History:

[16-2402, added 1997, ch. 404, sec. 1, p. 1282.]
Idaho Code § 16-2403 — Idaho Code / Title 16 / Chapter 24 / Section 16-2403
16-2403 DEFINITIONS.
Status: in_force

16-2403. Definitions. As used in this chapter:

(1) "Child" means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding.

(2) "Consistent with the least restrictive alternative principle" means that services are delivered in the setting that places the fewest restrictions on the personal liberty of the child and that provides the greatest integration with individuals who do not have disabilities, in typical and age-appropriate school, community and family environments, which is consistent with safe, effective and cost-effective treatment for the child and family.

(3) "Department" means the department of health and welfare.

(4) "Designated examiner" means an individual who meets the qualifications pursuant to section 66-323, Idaho Code.

(5) "Director" means the director of the state department of health and welfare.

(6) "Eligibility screening" means the collection and review of information directly related to the applicant's mental health and level of functioning that the department uses to determine whether an applicant is eligible for children's mental health services available through the department.

(7) "Emergency" means a situation in which the child's condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child's condition which cannot be eliminated by the use of supportive services or intervention by the child's parents, or mental health professionals, and treatment in the community while the child remains in his family home.

(8) "Informed consent to treatment" means a knowing and voluntary decision to undergo a specific course of treatment, evidenced in writing, and made by an emancipated child, or a child's parent, or guardian, who has the capacity to make an informed decision, after the staff of the facility or other provider of treatment has explained the nature and effects of the proposed treatment.

(9) "Involuntary treatment" means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code.

(10) "Lacks capacity to make an informed decision concerning treatment" means that the parent is unable to understand the nature and effects of hospitalization or treatment, or is unable to engage in a rational decision-making process regarding such hospitalization or treatment, as evidenced by an inability to weigh the risks and benefits, despite conscientious efforts to explain them in terms that the parent can understand.

(11) "Likely to cause harm to himself or to suffer substantial mental or physical deterioration" means that, as evidenced by recent behavior, the child:

(a) Is likely in the near future to inflict substantial physical injury upon himself;

(b) Is likely to suffer significant deprivation of basic needs such as food, clothing, shelter, health or safety; or

(c) Will suffer a substantial increase or persistence of symptoms of mental illness or serious emotional disturbance which is likely to result in an inability to function in the community without risk to his safety or well-being or the safety or well-being of others, and which cannot be treated adequately with available home and community-based outpatient services.

(12) "Likely to cause harm to others" means that, as evidenced by recent behavior causing, attempting, or threatening such harm with the apparent ability to complete the act, a child is likely to cause physical injury or physical abuse to another person.

(13) "Parent" means a person who, by birth or through adoption, is considered legally responsible for a child. The term "guardian" is not included in the definition of parent.

(14) "Protection and advocacy system" means the agency designated by the governor as the state protection and advocacy system pursuant to 42 U.S.C. 6042 and 42 U.S.C. 10801 et seq.

(15) "Serious emotional disturbance" means a diagnostic and statistical manual of mental disorders (DSM) diagnosable mental health, emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child's functioning to be impaired in thought, perception, affect or behavior. A disorder shall be considered to "result in a serious disability" if it causes substantial impairment of functioning in family, school or community that is measured by and documented through the use of a standardized instrument approved by the department and conducted or supervised by a qualified clinician. A substance abuse disorder does not, by itself, constitute a serious emotional disturbance, although it may coexist with serious emotional disturbance.

(16) "Special therapy" means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules.

(17) "Surrogate parent" means any person appointed to act in the place of the parent of a child for purposes of developing an individual education program under the authority of the individuals with disabilities education act, 20 U.S.C. 1400 et seq., as amended.

(18) "Teens at risk" means individuals attending Idaho secondary public schools who have been identified as expressing or exhibiting indications of depression, suicidal inclination, emotional trauma, substance abuse or other behaviors or symptoms that indicate the existence of, or that may lead to, the development of mental illness or substance abuse.

(19) "Treatment facility" means a facility or program meeting applicable licensing standards that has been approved for the provision of services under this chapter by the department of health and welfare.

History:

[16-2403, added 1997, ch. 404, sec. 1, p. 1284; am. 2003, ch. 249, sec. 1, p. 642; am. 2007, ch. 309, sec. 1, p. 870; am. 2008, ch. 219, sec. 1, p. 678; am. 2019, ch. 46, sec. 1, p. 126; am. 2025, ch. 110, sec. 1, p. 574; am. 2025, ch. 178, sec. 1, p. 841.]
Idaho Code § 16-1629 — Idaho Code / Title 16 / Chapter 16 / Section 16-1629
16-1629 POWERS AND DUTIES OF THE DEPARTMENT.
Status: in_force

16-1629. Powers and duties of the department. The department, working in conjunction with the court and other public and private agencies and persons, shall have the primary responsibility to implement the purpose of this chapter. To this end, the department is empowered and shall have the duty to do all things reasonably necessary to carry out the purpose of this chapter, including, but not limited to, the following:

(1) The department shall administer treatment programs for the protection and care of neglected, abused and abandoned children, and in so doing may place in foster care, shelter care, or other diagnostic, treatment, or care centers or facilities children of whom it has been given custody. The department is to be governed by the standards found in chapter 12, title 39, Idaho Code.

(2) On December 1, the department shall make an annual statistical report to the governor covering the preceding fiscal year showing the number and status of persons in its custody and including such other data as will provide sufficient facts for sound planning in the conservation of children and youth. All officials and employees of the state and of every county and city shall furnish the department, upon request, such information within their knowledge and control as the department deems necessary. Local agencies shall report in such uniform format as may be required by the department.

(3) The department shall be required to maintain a central registry for the reporting of child neglect, abuse and abandonment information. Provided however, that the department shall not retain any information for this purpose relating to a child, or parent of a child, abandoned pursuant to chapter 82, title 39, Idaho Code.

(4) The department shall make periodic evaluation of all persons in its custody or under its protective supervision for the purpose of determining whether existing orders and dispositions in individual cases shall be modified or continued in force. Evaluations may be made as frequently as the department considers desirable and shall be made with respect to every person at intervals not exceeding six (6) months. Reports of evaluation made pursuant to this section shall be filed with the court that has jurisdiction. Reports of evaluation shall be provided to persons having full or partial legal or physical custody of a child. Failure of the department to evaluate a person or to reevaluate him within six (6) months of a previous examination shall not of itself entitle the person to a change in disposition but shall entitle him, his parent, guardian or custodian or his counsel to petition the court pursuant to section 16-1622, Idaho Code.

(5) In a consultive capacity, the department shall assist communities in the development of constructive programs for the protection, prevention and care of children and youth.

(6) The department shall keep written records of investigations, evaluations, prognoses and all orders concerning disposition or treatment of every person over whom it has legal custody or under its protective supervision. Department records shall be subject to disclosure according to chapter 1, title 74, Idaho Code, unless otherwise ordered by the court, the person consents to the disclosure, or disclosure is necessary for the delivery of services to the person. Notwithstanding the provisions restricting disclosure or the exemptions from disclosure provided in chapter 1, title 74, Idaho Code, all records pertaining to investigations, the rehabilitation of youth, the protection of children, evaluation, treatment and/or disposition records pertaining to the statutory responsibilities of the department shall be disclosed to any duly elected state official carrying out his official functions.

(7) The department shall establish appropriate administrative procedures for the processing of complaints of child neglect, abuse and abandonment received and for the implementation of the protection, treatment and care of children formally or informally placed in the custody of the department or under its protective supervision under this chapter including, but not limited to:

(a) Department employees whose job duties are related to the child protective services system under this chapter shall first be trained as to their obligations under this chapter regarding the protection of children whose health and safety may be endangered. The curriculum shall include information regarding their legal duties, how to conduct their work in conformity with the requirements of this chapter, information regarding applicable federal and state laws with regard to the rights of the child, parent and others who may be under investigation under the child protective services system, and the applicable legal and constitutional parameters within which they are to conduct their work.

(b) Department employees whose job duties are related to the child protective services system shall advise the individual of the complaints or allegations made against the individual at the time of the initial contact, consistent with protecting the identity of the referent.

(8) The department, having been granted legal custody of a child, shall have the right to determine where and with whom the child shall live, provided that the child shall not be placed outside the state without the court's consent. The court shall retain jurisdiction over the child, which jurisdiction shall be entered on any order or petition granting legal custody to the department, and the court shall have jurisdiction over all matters relating to the child. The department shall not place the child in the home from which the court ordered the child removed without first obtaining the approval of the court. Notwithstanding the provisions of this subsection, all other determinations relating to where and with whom the child shall live shall be subject to judicial review by the court and, when contested by any party, judicial approval.

(9) The department shall give to the court any information concerning the child that the court may at any time require, but in any event shall report the progress of the child under its custody or under its protective supervision at intervals of not to exceed six (6) months. The department shall file with the court at least five (5) days prior to the permanency hearing either under section 16-1622, Idaho Code, or, in the case of a finding of aggravated circumstances, section 16-1620, Idaho Code, the permanency plan and recommendations of the department.

(10) The department shall establish appropriate administrative procedures for the conduct of administrative reviews and hearings as required by federal statute for all children committed to the department and placed in out-of-the-home care.

(11) At any time the department is considering a placement pursuant to this chapter, 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 interest and special needs of the child, placement priority of the child in the following order:

(a) A fit and willing relative;

(b) A fit and willing nonrelative with a significant relationship with the child;

(c) Foster parents and other persons licensed in accordance with chapter 12, title 39, Idaho Code, with a significant relationship with the child;

(d) Foster parents and other persons licensed in accordance with chapter 12, title 39, Idaho Code.

(12) If the caseworker assigned to a foster care case recommends removing the child from a foster home in which the child has been placed for sixty (60) or more days, for placement in another foster home, then the case worker's supervisor shall conduct a review of the foster care case and must approve such recommendation before a change in foster home placement occurs. The supervisor shall consider the best interests and special needs of the child, including:

(a) The clearly stated reasons for the recommended change in placement;

(b) The number of times the child's placement has been changed since removal from the child's home and the reasons for each change;

(c) Whether the child will change schools as a result of the change in placement; and

(d) Whether the change in placement will separate or reunite siblings or affect sibling visitation.

(13) If the supervisor determines that the recommended change in foster care placement is in the best interests of the child, then the department may change the placement of the child; provided that, the department shall give the foster parents and the court written notice of the planned change at least seven (7) days before the change in placement.

(14) If the caseworker determines that there is abuse or neglect or a substantial risk of abuse or neglect in the foster home, then the department may change the placement of the child without a supervisor's review; provided that, the department shall give the foster parents and the court written notice of the unplanned change within seven (7) days after the change in placement.

(15) In its written notice of a planned or unplanned change required under this section, the department shall clearly state the reasons for the change in placement of the child.

History:

[(16-1629) 16-1623, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 22, p. 502; am. 1989, ch. 218, sec. 4, p. 529; am. 1990, ch. 213, sec. 10, p. 495; am. 1991, ch. 212, sec. 6, p. 505; am. 1996, ch. 272, sec. 14, p. 895; am. 1996, ch. 361, sec. 1, p. 1217; am. 1998, ch. 257, sec. 5, p. 855; am. 1999, ch. 30, sec. 8, p. 50; am. 2000, ch. 233, sec. 2, p. 654; am. 2001, ch. 93, sec. 1, p. 233; am. 2001, ch. 107, sec. 19, p. 368; am. 2001, ch. 358, sec. 1, p. 1261; am. 2005, ch. 25, sec. 78, p. 114; am. 2005, ch. 332, sec. 1, p. 1041; am. and redesig. 2005, ch. 391, sec. 31, p. 1288; am. 2006, ch. 16, sec. 2, p. 45; am. 2007, ch. 223, sec. 5, p. 673; am. 2010, ch. 147, sec. 3, p. 317; am. 2013, ch. 287, sec. 10, p. 754; am. 2015, ch. 141, sec. 13, p. 387; am. 2016, ch. 347, sec. 6, p. 1007; am. 2018, ch. 287, sec. 5, p. 683.]
Idaho Code § 16-101 — Idaho Code / Title 16 / Chapter 1 / Section 16-101
16-101 LEGISLATIVE FINDINGS.
Status: in_force

16-101. Legislative findings. The legislature finds that there is an urgent and substantial need:

(1) To enhance the development of all infants and toddlers with disabilities in the state of Idaho in order to minimize developmental delay, and to maximize individual potential for adult independence;

(2) To enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities;

(3) To reduce the educational costs by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;

(4) To reduce social services costs and to minimize the likelihood of institutionalization of individuals with disabilities;

(5) To reduce the health costs of preventable secondary impairments and disabilities by screening and monitoring children at risk and improving the long term health of infants and toddlers with disabilities; and

(6) To comply with federal law as it pertains to services for infants and toddlers with disabilities and their families.

History:

[16-101, added 1991, ch. 253, sec. 1, p. 621.]
Idaho Code § 16-110 — Idaho Code / Title 16 / Chapter 1 / Section 16-110
16-110 PROCEDURAL SAFEGUARDS.
Status: in_force

16-110. Procedural safeguards. The procedural safeguards to be included in the statewide system shall provide, at a minimum, the following:

(1) The timely administrative resolution of complaints by parents;

(2) The right to confidentiality of personally identifiable information;

(3) The opportunity for parents or guardian to examine and receive a copy of records relating to assessment, screening eligibility determinations, and the development and implementation of the IFSP;

(4) Procedures to protect the rights of the infant or toddler with disabilities whenever the parents or guardian of the child are not known or are unavailable or the child is a ward of the state, including the assignment of an individual (who shall not be an employee of any state agency involved in the provision of early intervention or other services to the child) to act as surrogate for the parents or guardian;

(5) Written notice to the parents or guardian of the infant or toddler whenever the state agency or service provider proposes, or refuses, to initiate or change the identification, evaluation, placement, or the provision of early intervention services to the infant or toddler;

(6) Written consent of the parents or guardian of the infant or toddler whenever the state agency or service provider proposes to initiate or change the identification, evaluation, placement or the provision of early intervention services to the infant or toddler;

(7) Procedures designed to assure that the notice required in subsection (5) of this section fully informs the parents or guardian, in the parents' or guardian's native language or by an interpreter of all procedures available pursuant to this section; and

(8) Procedures for impartial complaint resolution.

History:

[16-110, added 1991, ch. 253, sec. 1, p. 628.]
Idaho Code § 16-1616 — Idaho Code / Title 16 / Chapter 16 / Section 16-1616
16-1616 INVESTIGATION.
Status: in_force

16-1616. Investigation. (1) After a petition has been filed, the department shall investigate the circumstances of the child and his family and prepare a written report to the court.

(2) The report shall be delivered to the court with copies to each of the parties prior to the pretrial conference for the adjudicatory hearing. If delivered by mail the report must be received by the court and the parties prior to the pretrial conference for the adjudicatory hearing. The report shall contain a social evaluation of the child and the parents or other legal custodian and such other information as the court shall require.

(3) The report shall not be considered by the court for purposes of determining whether the child comes within the jurisdiction of the act. The report may be admitted into evidence at the adjudicatory hearing for other purposes.

History:

[(16-1616) 16-1609, added 1976, ch. 204, sec. 2, p. 738; am. 1982, ch. 186, sec. 9, p. 497; am. 1996, ch. 272, sec. 7, p. 891; am. 2001, ch. 107, sec. 9, p. 360; am. and redesig. 2005, ch. 391, sec. 18, p. 1279.]
Idaho Code § 16-2107 — Idaho Code / Title 16 / Chapter 21 / Section 16-2107
16-2107 RESPONSIBILITIES OF ENFORCEMENT.
Status: in_force

16-2107. Responsibilities of enforcement. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions.

History:

[16-2107, added 1976, ch. 189, sec. 1, p. 687.]
Idaho Code § 16-2426 — Idaho Code / Title 16 / Chapter 24 / Section 16-2426
16-2426 NOTIFICATION OF RIGHTS.
Status: in_force

16-2426. Notification of rights. At the time of admission to a facility, whether the admission is voluntary or involuntary, the facility shall insure that the child is fully informed of his rights in terms that he can understand. This information shall be provided both orally and in writing. Copies of the written explanation of the child's rights and a written, signed acknowledgement by the child and his parent that he has read and understands the rights, shall be kept in the child's records and made available for inspection by representatives of the child and employees of the state protection and advocacy system. A statement of rights shall be posted in a common area of the facility available to residents and plainly visible.

History:

[16-2426, added 1997, ch. 404, sec. 1, p. 1296.]
Idaho Code § 16-1630 — Idaho Code / Title 16 / Chapter 16 / Section 16-1630
16-1630 OTHER DUTIES OF THE DEPARTMENT — EXCEPTIONS.
Status: in_force

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

(2) Nothing in this chapter shall be construed as assigning or imposing duties or responsibilities on the department by those provisions of this chapter relating to guardian ad litem.

History:

[(16-1630) 16-1624, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 23, p. 503; am. 1989, ch. 281, sec. 3, p. 687; am. and redesig. 2005, ch. 391, sec. 32, p. 1290.]
Idaho Code § 16-2004 — Idaho Code / Title 16 / Chapter 20 / Section 16-2004
16-2004 PETITION — WHO MAY FILE.
Status: in_force

16-2004. Petition — Who may file. A petition may be filed by:

a. Either parent when termination is sought with respect to the other parent.

b. The guardian of the person or the legal custodian of the child or person standing in loco parentis to the child.

c. An authorized agency.

d. Any other person possessing a legitimate interest in the matter.

History:

[16-2004, added 1963, ch. 145, sec. 4, p. 420.]
Idaho Code § 16-1628 — Idaho Code / Title 16 / Chapter 16 / Section 16-1628
16-1628 SUPPORT OF COMMITTED CHILD.
Status: in_force

16-1628. Support of committed child. (1) Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parent or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the child after an order of temporary custody, if any, or the decree is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment.

(2) All child support orders shall notify the obligor that the order will be enforced by income withholding pursuant to chapter 12, title 32, Idaho Code.

(3) Failure to include these provisions does not affect the validity of the support order or decree. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree.

History:

[(16-1628) 16-1622, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 21, p. 502; am. 1986, ch. 222, sec. 8, p. 608; am. 1990, ch. 361, sec. 4, p. 977; am. 1998, ch. 292, sec. 3, p. 930; am. and redesig. 2005, ch. 391, sec. 30, p. 1287; am. 2012, ch. 257, sec. 2, p. 709.]
Idaho Code § 16-1513 — Idaho Code / Title 16 / Chapter 15 / Section 16-1513
16-1513 REGISTRATION OF NOTICE AND FILING OF PATERNITY PROCEEDINGS.
Status: in_force

16-1513. Registration of notice and filing of paternity proceedings. (1) A person who is the father or claims to be the father of a child born out of wedlock may claim rights pertaining to his paternity of the child by commencing proceedings to establish paternity under section 7-1111, Idaho Code, and by filing with the vital statistics unit of the department of health and welfare notice of his filing of proceedings to establish his paternity of the child born out of wedlock. The vital statistics unit of the department of health and welfare shall provide forms for the purpose of filing the notice of filing of paternity proceedings, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state. The forms shall include a written notification that filing pursuant to this section shall not satisfy the requirements of chapter 82, title 39, Idaho Code, and the notification shall also include the following statements:

(a) A parent may make a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, as provided by section 39-8206, Idaho Code, by filing a notice of claim of parental rights with the vital statistics unit of the department of health and welfare on a form as prescribed and provided by the vital statistics unit of the department of health and welfare;

(b) The vital statistics unit of the department of health and welfare shall maintain a separate registry for claims to abandoned children, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code;

(c) The department shall provide forms for the purpose of filing a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, and the forms shall be made available through the vital statistics unit of the Idaho department of health and welfare and in the office of the county clerk in every county of this state;

(d) To be valid, a claim of parental rights of an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, must be filed before an order terminating parental rights is entered by the court. A parent that fails to file a claim of parental rights prior to entry of an order terminating their 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;

(e) Registration of notice of filing of paternity proceedings pursuant to chapter 15, title 16, Idaho Code, shall not satisfy the requirements of chapter 82, title 39, Idaho Code. To register a parental claim to an abandoned child, abandoned pursuant to the provisions of chapter 82, title 39, Idaho Code, an individual must file an abandoned child registry claim with the vital statistics unit of the department of health and welfare and comply with all other provisions of chapter 82, title 39, Idaho Code, in the time and manner prescribed, in order to preserve parental rights to the child.

When filing a notice of the filing of paternity proceedings, a person who claims to be the father of a child born out of wedlock shall file with the vital statistics unit of the department of health and welfare the completed form prescribed by the vital statistics unit of the department of health and welfare. Said form will be filled out completely, signed by the person claiming paternity, and witnessed before a notary public.

(2) The notice of the filing of paternity proceedings may be filed prior to the birth of the child, but must be filed prior to the date of the filing of any proceeding to terminate the parental rights of the birth mother. The notice of the filing of paternity proceedings shall be signed by the person filing the notice and shall include his name and address, the name and last address of the mother, and either the birth date of the child or the probable month and year of the expected birth of the child. The vital statistics unit of the department of health and welfare shall maintain a central registry for this purpose that shall be subject to disclosure according to chapter 1, title 74, Idaho Code. The department shall record the date and time the notice of the filing of proceedings is filed with the department. The notice shall be deemed to be duly filed with the department as of the date and time recorded on the notice by the department.

(3) If the unmarried biological father does not know the county in which the birth mother resides, he may initiate his action in any county, subject to a change in venue.

(4) Except as provided in section 16-1504(6), Idaho Code, any father of a child born out of wedlock who fails to file and register his notice of the commencement of paternity proceedings pursuant to section 7-1111, Idaho Code, prior to the date of the filing of any proceeding to terminate the parental rights of the birth mother; the filing of any proceeding to adopt the child; or the execution of a consent to terminate the birth mother's parental rights under the provisions of section 16-2005(5), Idaho Code, whichever occurs first, is deemed to have waived and surrendered any right in relation to the child and of any notice to proceedings for adoption of the child or for termination of parental rights of the birth mother. His consent to the adoption of the child shall not be required and he shall be barred from thereafter bringing or maintaining any action to establish his paternity of the child. Failure of such filing or registration shall constitute an abandonment of said child and shall constitute an irrevocable implied consent in any adoption or termination proceeding.

(5) The filing and registration of an unrevoked notice of the commencement of paternity proceedings by a putative father shall constitute prima facie evidence of the fact of his paternity in any contested proceeding under chapter 11, title 7, Idaho Code. The filing of a notice of the commencement of paternity proceedings shall not be a bar to an action for termination of his parental rights under chapter 20, title 16, Idaho Code.

(6) An unmarried biological father of a child born out of wedlock who has filed and registered a notice of the filing of paternity proceedings may at any time revoke notice of intent to claim paternity previously filed. Upon receipt of written revocation, the effect shall be as if no notice of the filing of paternity proceedings had been filed or registered.

(7) In any adoption proceeding pertaining to a child born out of wedlock, if there is no showing that the putative father has consented to the adoption, a certificate shall be obtained from the vital statistics unit of the department of health and welfare, signed by the state registrar of vital statistics, which certificate shall state that a diligent search has been made of the registry of notices from putative fathers, and that no filing has been found pertaining to the father of the child in question, or if a filing is found, stating the name of the putative father and the time and date of filing. That certificate shall be filed with the court prior to entry of a final decree of adoption.

(8) Identities of putative fathers can only be released pursuant to procedures contained in chapter 1, title 74, Idaho Code.

(9) To cover the cost of implementing and maintaining said central registry, the vital statistics unit of the department of health and welfare shall charge a filing fee of ten dollars ($10.00) at the time the putative father files his notice of his commencement of proceedings. The department shall also charge a reasonable fee to cover all costs incurred in a search of the Idaho putative father registry and for furnishing a certificate in accordance with the provisions of this section and section 16-1504, Idaho Code. It is the intent of the legislature that the fee shall cover all direct and indirect costs incurred pursuant to this section and section 16-1504, Idaho Code. The department shall annually review the fees and expenses incurred pursuant to administering the provisions of this section and section 16-1504, Idaho Code.

(10) Consistent with its authority denoted in the vital statistics act, section 39-242(c), Idaho Code, the board of health and welfare shall adopt, amend and repeal rules for the purpose of carrying out the provisions of this section.

(11) The department shall produce and distribute, within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, a pamphlet or publication informing the public about the Idaho putative father registry, printed in English and Spanish. The pamphlet shall indicate the procedures to be followed in order to receive notice of any proceeding for the adoption of a child that an unmarried biological father claims to have fathered and of any proceeding for termination of his parental rights, voluntary acknowledgment of paternity, the consequences of acknowledgment of paternity, the consequences of failure to acknowledge paternity and the address of the Idaho putative father registry. Within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, such pamphlets or publications shall be made available for distribution to the public at all offices of the department of health and welfare. Upon request, the department shall also provide such pamphlets or publications to hospitals, libraries, medical clinics, schools, colleges, universities, providers of child-related services and children's agencies licensed in the state of Idaho or advertising services in the state of Idaho.

(12) Within the limits of continuing annual appropriations duly made available to the department by the legislature for such purposes, each county clerk, branch office of the department of motor vehicles, all offices of the department of health and welfare, hospitals and local health districts shall post in a conspicuous place a notice that informs the public about the purpose and operation of the Idaho putative father registry. The notice must include information regarding the following:

(a) Where to obtain a registration form;

(b) Where to register;

(c) The procedures to follow in order to file proceedings to establish paternity of a child born out of wedlock;

(d) The consequences of a voluntary acknowledgment of paternity; and

(e) The consequences of failure to acknowledge paternity.

(13) The department shall host on the department's web page a public service announcement (PSA) informing the public about the Idaho putative father registry, printed in English and Spanish. The PSA shall indicate the procedures to be followed in order to receive notice of any proceeding for the adoption of a child that an unmarried biological father claims to have fathered and of any proceeding for termination of his parental rights, voluntary acknowledgment of paternity, the consequences of acknowledgment of paternity, the consequences of failure to acknowledge paternity and the address of the Idaho putative father registry.

(14) Failure to post a proper notice under the provisions of this section does not relieve a putative father of the obligation to file notice of the filing of proceedings to establish his paternity pursuant to this section or to commence proceedings to establish paternity pursuant to section 7-1111, Idaho Code, prior to the filing of any proceeding to terminate parental rights of the birth mother.

(15) A person who knowingly or intentionally falsely files or registers as a putative father is guilty of a misdemeanor.

History:

[16-1513, added 1985, ch. 54, sec. 1, p. 107; am. 1990, ch. 213, sec. 9, p. 494; am. 1992, ch. 341, sec. 2, p. 1033; am. 1994, ch. 393, sec. 3, p. 1245; am. 2000, ch. 171, sec. 7, p. 431; am. 2001, ch. 357, sec. 2, p. 1256; am. 2005, ch. 25, sec. 75, p. 110; am. 2005, ch. 391, sec. 4, p. 1267; am. 2013, ch. 138, sec. 5, p. 327; am. 2014, ch. 140, sec. 2, p. 382; am. 2015, ch. 141, sec. 12, p. 384; am. 2020, ch. 330, sec. 4, p. 958; am. 2023, ch. 10, sec. 5, p. 41.]
Idaho Code § 16-1602 — Idaho Code / Title 16 / Chapter 16 / Section 16-1602
16-1602 DEFINITIONS.
Status: in_force

16-1602. Definitions. For purposes of this chapter:

(1) "Abused" means any case in which a child has been the victim of:

(a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, head injury, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained, or where the history given concerning such condition or death is at variance 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; or

(b) Sexual conduct, including rape, molestation, incest, commercial sexual activity, obscene or pornographic photographing, filming or depiction for commercial purposes, human trafficking as defined in chapter 86, title 18, Idaho Code, or other similar forms of sexual exploitation harming or threatening the child's health or welfare or mental injury to the child.

(2) "Abandoned" means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment.

(3) "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.

(4) "Adjudicatory hearing" means a hearing to determine:

(a) Whether the child comes under the jurisdiction of the court pursuant to the provisions of this chapter;

(b) Whether continuation of the child in the home would be contrary to the child's welfare and whether the best interest of the child requires protective supervision or vesting legal custody of the child in an authorized agency.

(5) "Age of developmentally appropriate" means:

(a) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(b) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(6) "Aggravated circumstances" includes, but is not limited to:

(a) Circumstances in which the parent has engaged in any of the following:

(i) 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.

(ii) Sexual abuse against a child of the parent. Sexual abuse, for the purposes of this section, includes any conduct described in section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101, or 18-6604, or chapter 86, title 18, Idaho Code.

(iii) Torture of a child. Any conduct listed in section 18-8303(1), Idaho Code; 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;

(b) The parent has committed murder, aided or abetted a murder, solicited a murder or attempted or conspired to commit murder; or

(c) The parental rights of the parent to another child have been terminated involuntarily.

(7) "Authorized agency" means the department, a local agency, a person, an organization, corporation, benevolent society or association licensed or approved by the department or the court to receive children for control, care, maintenance or placement.

(8) "Caregiver" means a foster parent with whom a child in foster care has been placed or a designated official for a child care institution in which a child in foster care has been placed.

(9) "Case plan hearing" means a hearing to approve, modify or reject the case plan as provided in section 16-1621, Idaho Code.

(10) "Child" means an individual who is under the age of eighteen (18) years.

(11) "Child advocacy center" or "CAC" means an organization that adheres to national best practice standards established by the national membership and accrediting body for children's advocacy centers and that promotes a comprehensive and coordinated multidisciplinary team response to allegations of child abuse by maintaining a child-friendly facility at which appropriate services are provided. These services may include forensic interviews, forensic medical examinations, mental health services and other related victim services.

(12) "Circumstances of the child" includes, but is not limited to, the joint legal custody or joint physical custody of the child.

(13) "Commit" means to transfer legal and physical custody.

(14) "Concurrent planning" means a planning model that prepares for and implements different outcomes at the same time.

(15) "Court" means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof.

(16) "Custodian" means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order.

(17) "Department" means the department of health and welfare and its authorized representatives.

(18) "Disability" means, with respect to an individual, any mental or physical impairment that 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.

(19) "Family or household member" shall have the same meaning as in section 39-6303(6), Idaho Code.

(20) "Foster care" means twenty-four (24) hour substitute parental care for children placed away from their parents or guardians by persons who may or may not be related to the children and for whom the state agency has placement and care responsibility.

(21) "Foster parent" means a person or persons licensed to provide foster care.

(22) "Grant administrator" means the supreme court or any organization or agency as may be designated by the supreme court in accordance with such procedures as may be adopted by the supreme court. The grant administrator shall administer funds from the guardian ad litem account in accordance with the provisions of this chapter.

(23) "Guardian ad litem" means a person appointed by the court pursuant to a guardian ad litem volunteer program to act as special advocate for a child under this chapter.

(24) "Guardian ad litem coordinator" means a person or entity receiving moneys from the grant administrator for the purpose of carrying out any of the duties set forth in section 16-1632, Idaho Code.

(25) "Guardian ad litem program" means the program to recruit, train and coordinate volunteer persons to serve as guardians ad litem for abused, neglected or abandoned children.

(26) "Homeless," as used in this chapter, shall mean that the child is without adequate shelter or other living facilities, and the lack of such shelter or other living facilities poses a threat to the health, safety or well-being of the child.

(27) "Idaho network of children's advocacy centers" means an organization that provides education and technical assistance to child advocacy centers and to interagency multidisciplinary teams developed pursuant to section 16-1617, Idaho Code.

(28) "Law enforcement agency" means a city police department, the prosecuting attorney of any county, state law enforcement officers, or the office of a sheriff of any county.

(29) "Legal custody" means a relationship created by court order, which vests in a custodian the following rights and responsibilities:

(a) To have physical custody and control of the child, and to determine where and with whom the child shall live.

(b) To supply the child with food, clothing, shelter and incidental necessities.

(c) To provide the child with care, education and discipline.

(d) To authorize ordinary medical, dental, psychiatric, psychological, or other remedial care and treatment for the child, including care and treatment in a facility with a program of services for children, and to authorize surgery if the surgery is deemed by two (2) physicians licensed to practice in this state to be necessary for the child.

(e) Where the parents share legal custody, the custodian may be vested with the custody previously held by either or both parents.

(30) "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.

(31) "Neglected" means a child:

(a) Who is without proper parental care and control, or subsistence, medical or other care or control necessary for his well-being because of the conduct or omission of his parents, guardian or other custodian or their neglect or refusal to provide them; however, no child whose parent or guardian chooses for such child treatment by prayers through spiritual means alone in lieu of medical treatment shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well-being, but this subsection shall not prevent the court from acting pursuant to section 16-1627, Idaho Code; or

(b) Whose parent, guardian or other custodian is unable to discharge the responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his health, safety or well-being; or

(c) Who has been placed for care or adoption in violation of law; or

(d) Who is without proper education because of the failure to comply with section 33-202, Idaho Code.

(32) "Order to prevent removal," as described in section 16-1611(5), Idaho Code, means an order to allow a child to remain in the child's present surroundings when there is reasonable cause to believe the child is safe in the sole care of one (1) parent, legal guardian, or legal custodian and when there is alleged neglect or abuse by another parent, legal guardian, or legal custodian.

(33) "Permanency hearing" means a hearing to review, approve, reject or modify the permanency plan of the department and to review reasonable efforts in accomplishing the permanency plan.

(34) "Permanency plan" means a plan for a continuous residence and maintenance of nurturing relationships during the child's minority.

(35) "Protective supervision" is a legal status created by court order in a child protective case whereby the child is in the legal custody of his or her parent(s), guardian(s) or other legal custodian(s), subject to supervision by the department.

(36) "Psychotropic medication" means a drug prescribed to affect psychological functioning, perception, behavior or mood. Psychotropic medications include, but are not limited to, antidepressants, mood stabilizers, antipsychotics, antianxiety medications, sedatives and stimulants.

(37) "Qualified individual" means a trained professional or licensed clinician who is not connected to or affiliated with any placement setting in which children are placed by the department and who is not an employee of child and family services, unless a waiver has been approved by the authorized agency.

(38) "Qualified residential treatment program" means a program that has a trauma-informed treatment model designed to address the needs of children with serious emotional or behavioral disorders or disturbances, is able to implement the treatment identified for the child by the assessment of the child required under section 16-1619A(2), Idaho Code, and is licensed and accredited in accordance with state and federal law.

(39) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interests of a child while simultaneously encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.

(40) "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.

(41) "Residual parental rights and responsibilities" means those rights and responsibilities remaining with the parents after the transfer of legal custody including, but not necessarily limited to, the right of visitation, the right to consent to adoption, the right to determine religious affiliation, the right to family counseling when beneficial, and the responsibility for support.

(42) "Shelter care" means places designated by the department for temporary care of children pending court disposition or placement.

(43) "Supportive services," as used in this chapter, shall mean services that assist parents with a disability to compensate for those aspects of their disability that affect their ability to care for their child and that will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations or assistance with effectively using adaptive equipment and accommodations that allow parents with a disability to benefit from other services including, but not limited to, Braille texts or sign language interpreters.

(44)(a) "Visitation" means contact between a child and the child's parent, guardian, custodian, or siblings. Visitation includes in-person visitation, video communication, telephonic contact, and written communication.

(b) When the department has a substantiated claim of sexual abuse or physical abuse against the parent, guardian, or custodian, in-person visitation shall not be permitted unless the court finds that in-person visitation is in the best interest of the child. The court shall set forth written conditions for such in-person visitation that ensures the visitation is safe and does not harm the child's physical or mental health. Unless the court finds good cause to deviate, the written conditions shall include:

(i) The parent, guardian, or custodian shall not be left alone with the child for any reason, including restroom breaks;

(ii) The parent, guardian, or custodian shall not allow the child to sit on the person's, guardian's, or custodian's lap when there is substantiated sexual abuse; and

(iii) The parent, guardian, or custodian shall not be allowed to engage in secret conversations or other communication that cannot be monitored in real time.

(c) For the purposes of this subsection:

(i) "Physical abuse" is as defined in subsection (1)(a) of this section, where the abuse caused life-threatening, disabling, or disfiguring injury or damage, or required medical treatment as recommended by a medical provider.

(ii) "Sexual abuse" is as defined in subsection (1)(b) of this section and includes "sexual exploitation" as described in sections 18-1507 and 18-1507A, Idaho Code.

(iii) "Substantiated claim" means:

1. Abuse was witnessed by an employee of the department;

2. A court determines in an adjudicatory hearing that an abused child comes within the jurisdiction of this chapter;

3. An alleged offender confessed;

4. Abuse was corroborated by physical or medical evidence; or

5. Abuse has been established by a preponderance of the evidence.

History:

[16-1602, added 1976, ch. 204, sec. 2, p. 733; am. 1982, ch. 186, sec. 2, p. 492; am. 1986, ch. 84, sec. 5, p. 247; am. 1989, ch. 281, sec. 1, p. 685; am. 1989, ch. 302, sec. 1, p. 752; am. 1991, ch. 38, sec. 1, p. 76; am. 1991, ch. 212, sec. 2, p. 501; am. 1996, ch. 272, sec. 2, p. 886; am. 2000, ch. 136, sec. 3, p. 357; am. 2001, ch. 107, sec. 2, p. 353; am. 2003, ch. 279, sec. 2, p. 749; am. 2005, ch. 391, sec. 5, p. 1269; am. 2007, ch. 26, sec. 1, p. 48; am. 2009, ch. 103, sec. 1, p. 316; am. 2010, ch. 147, sec. 1, p. 314; am. 2013, ch. 287, sec. 1, p. 741; am. 2014, ch. 120, sec. 1, p. 337; am. 2016, ch. 265, sec. 1, p. 700; am. 2016, ch. 296, sec. 6, p. 831; am. 2016, ch. 360, sec. 1, p. 1061; am. 2017, ch. 38, sec. 1, p. 57; am. 2017, ch. 58, sec. 3, p. 95; am. 2017, ch. 174, sec. 1, p. 401; am. 2019, ch. 133, sec. 1, p. 473; am. 2021, ch. 281, sec. 1, p. 836; am. 2022, ch. 124, sec. 10, p. 440; am. 2024, ch. 147, sec. 44, p. 576; am. 2025, ch. 165, sec. 1, p. 788; am. 2026, ch. 131, sec. 1, p. 620.]
Idaho Code § 16-1514 — Idaho Code / Title 16 / Chapter 15 / Section 16-1514
16-1514 PETITION FOR ADOPTION OF FOREIGN BORN CHILD.
Status: in_force

16-1514. Petition for adoption of foreign born child. (1) Proceedings to adopt a foreign born child who has been allowed to enter the United States for the purpose of adoption shall be commenced by the filing of a petition under this section. A petition under this section shall be initiated by the person or persons proposing to adopt the child and shall be filed with the district court of the judicial district in which said person or persons reside. The petitioner shall have resided and maintained a dwelling within the state of Idaho for at least six (6) consecutive months prior to the filing of a petition. The petition shall set forth the following:

(a) The name and address of the petitioner or petitioners;

(b) The name of the child proposed to be adopted and the name by which he or she shall be known when adopted;

(c) The degree of relationship of the child, if any, to the petitioner or petitioners;

(d) The child's country of origin, and date of birth, if known;

(e) That the child has been issued a visa or other document authorizing entry into the United States as an immigrant or for the purpose of adoption or for humanitarian reasons relating to adoption in the United States and the date of the person's entry into the United States;

(f) That a home study of the petitioner or petitioners was prepared and the name of the person or agency performing the home study. A copy of the home study shall be attached to the petition;

(g) That, to the information and belief of the petitioners, the biological parents of the child to be adopted are residents of another country;

(h) That the adoption of such child is in the child's best interests.

(2) At the time fixed for the hearing on a petition for adoption under this section, the person or persons adopting the child and the child to be adopted must appear before the court where the petition was filed. The judge shall examine the petitioner or petitioners at the hearing and, if satisfied that the proposed adoption is in the best interests of the child to be adopted, shall enter a decree of adoption. The petitioner or petitioners shall at such time execute an agreement to the effect that the child shall be adopted and treated in all respects as the petitioner's own lawful child.

(3) This section governs the adoption of all foreign born children who have entered the United States to be adopted. Notwithstanding any other provision of this chapter, no consent shall be required from the biological parents of the child to be adopted if the child has been granted permission by the United States department of state or United States department of homeland security to enter the United States for the purpose of adoption or for humanitarian reasons relating to adoption by United States citizens. A visa or other document from the United States department of state or United States department of homeland security authorizing entry into the United States for the purpose of adoption, or for humanitarian reasons relating to adoption by United States citizens, shall be deemed conclusive evidence of the termination of the parental rights of the biological parents and compliance with the laws of the country of the child's birth. The provisions of chapter 20, title 16, Idaho Code, shall not apply to adoptions under this section.

(4) The decisions and orders of foreign courts and government agencies, authorized to approve adoptions, shall be accorded judicial comity or the same full faith and credit accorded a judgment of a sister state without additional proceedings or documentation, provided the United States department of state or United States department of homeland security has allowed the child to enter the United States as set forth in subsection (3) of this section.

History:

[16-1514, added 1996, ch. 188, sec. 2, p. 596; am. 1998, ch. 313, sec. 1, p. 1035; am. 2006, ch. 77, sec. 1, p. 234.]
Idaho Code § 16-1631 — Idaho Code / Title 16 / Chapter 16 / Section 16-1631
16-1631 AUTHORIZATION FOR DEPARTMENT TO ACT.
Status: in_force

16-1631. Authorization for department to act. (1) Upon receiving information that a child may be abused, neglected or abandoned, the department shall cause such investigation to be made in accordance with this chapter as is appropriate. In making the investigation the department shall use its own resources, and may enlist the cooperation of peace officers for phases of the investigation for which they are better equipped. Upon satisfying itself as to the course of action which should be pursued to best accord with the purpose of this chapter, the department shall:

(a) Resolve the matter in such informal fashion as is appropriate under the circumstances; or

(b) Seek to enter a voluntary agreement with all concerned persons to resolve the problem in such a manner that the child will remain in his own home; or

(c) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under this chapter; or

(d) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under other laws.

(2) In the event that the department concludes that a voluntary agreement pursuant to subsection (1)(b) of this section should be used, the agreement shall be in writing, shall state the behavioral basis of each parent and necessary third person, shall contain such other terms as the department and each parent having joint custody shall deem appropriate under the circumstances, shall utilize such resources as are available to the department from any source and are considered appropriate to the situation, shall specify the services or treatment to be undertaken, shall be signed by all persons, including:

(a) The child if appropriate;

(b) Every parent having joint custody of the subject child;

(c) Any other full or part-time resident of the home;

(d) All other persons the department considers necessary to the agreement's success;

and shall specify the responsibilities of each party to the agreement, which responsibilities shall be thoroughly explained to each person orally. The agreement shall not run for more than one (1) year. Copies shall be given to all signatories.

History:

[(16-1631) 16-1625, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 24, p. 504; am. 1996, ch. 272, sec. 15, p. 897; am. and redesig. 2005, ch. 391, sec. 33, p. 1290.]
Idaho Code § 16-2105 — Idaho Code / Title 16 / Chapter 21 / Section 16-2105
16-2105 FINANCIAL ARRANGEMENTS.
Status: in_force

16-2105. Financial arrangements. The compact administrator, subject to the approval of the board of examiners, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

History:

[16-2105, added 1976, ch. 189, sec. 1, p. 686.]
Idaho Code § 16-1615 — Idaho Code / Title 16 / Chapter 16 / Section 16-1615
16-1615 SHELTER CARE HEARING.
Status: in_force

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

(2) Each of the parents or custodian from whom the child was removed shall be given notice of the shelter care hearing. Such notice shall include the time, place, and purpose of the hearing; and, that such person is entitled to be represented by legal counsel. Notice as required by this subsection shall be given at least twenty-four (24) hours before the shelter care hearing.

(3) Notice of the shelter care hearing shall be given to the parents or custodian from whom the child was removed by personal service and the return of service shall be filed with the court and to any person having joint legal or physical custody of the subject child. Provided, however, that such service need not be made where the undelivered notice is returned to the court along with an affidavit stating that such parents or custodian could not be located or were out of the state.

(4) The shelter care hearing may be continued for a reasonable time upon request by the parent, custodian or counsel for the child.

(5) If, upon the completion of the shelter care hearing, it is shown that:

(a) A petition has been filed; and

(b) There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either:

(i) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or

(ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and

(c) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and

(d) It is contrary to the welfare of the child to remain in the home; and

(e) It is in the best interests of the child to remain in temporary shelter care pending the conclusion of the adjudicatory hearing.

The court shall issue, within twenty-four (24) hours of such hearing, a shelter care order placing the child in the temporary legal custody of the department or other authorized agency. Any evidence may be considered by the court which is of the type which reasonable people may rely upon.

(6) Upon finding reasonable cause pursuant to subsection (5)(b) of this section, the court shall order an adjudicatory hearing to be held as soon as possible, but in no event later than thirty (30) days from the date the petition was filed. In addition, the court shall inquire whether there is reason to believe that the child is an Indian child.

(7) Upon entry of an order of shelter care, the court shall inquire:

(a) If the child is of school age, about the department's efforts to keep the child in the school at which the child is currently enrolled; and

(b) If a sibling group was removed from their home, about the department's efforts to place the siblings together, or if the department has not placed or will not be placing the siblings together, about a plan to ensure frequent visitation or ongoing interaction among the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings.

(8) If the court does not find that the child should be placed in or remain in shelter care under subsection (5) of this section, the child shall be released.

(9) If the court does not find reasonable cause pursuant to subsection (5)(b) of this section, the court shall dismiss the petition.

History:

[(16-1615) 16-1614, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 14, p. 499; am. 1986, ch. 121, sec. 3, p. 321; am. 1989, ch. 58, sec. 1, p. 93; am. 1989, ch. 302, sec. 5, p. 757; am. 1996, ch. 272, sec. 11, p. 893; am. 2001, ch. 107, sec. 15, p. 366; am. and redesig. 2005, ch. 391, sec. 17, p. 1278; am. 2007, ch. 223, sec. 2, p. 670; am. 2016, ch. 265, sec. 2, p. 704; am. 2025, ch. 165, sec. 4, p. 794.]
Idaho Code § 16-1612 — Idaho Code / Title 16 / Chapter 16 / Section 16-1612
16-1612 SERVICE OF SUMMONS — TRAVEL EXPENSES — NECESSARY WITNESSES.
Status: in_force

16-1612. Service of summons — Travel expenses — Necessary witnesses. (1) Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the court is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing.

(2) When publication is used the summons shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons.

(3) Service of summons, process or notice required by this chapter shall be made by the sheriff or other person appointed by the court, and a return must be made on the summons showing that service has been made.

(4) The court may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this chapter, and such expenses when approved by the court shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county.

(5) The court may summon the appearance of any person whose presence is deemed necessary as a witness.

(6) The child, each of his parents, guardian or custodian shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of their right to be represented by counsel.

(7) If any person summoned as herein provided shall, without reasonable cause, fail to appear, the court may proceed in such person's absence or such person may be proceeded against for contempt of court.

(8) Where the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the court that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child.

History:

[(16-1612) 16-1607, added 1976, ch. 204, sec. 2, p. 737; am. 1982, ch. 186, sec. 7, p. 496; am. 1996, ch. 272, sec. 6, p. 890; am. and redesig. 2005, ch. 391, sec. 14, p. 1277.]
Idaho Code § 16-1648 — Idaho Code / Title 16 / Chapter 16 / Section 16-1648
16-1648 PROHIBITION ON RELIGIOUS DISCRIMINATION.
Status: in_force

16-1648. Prohibition on religious discrimination. (1) As used in this section:

(a) "Adoption or foster care" or "adoption or foster care services" means social services provided to or on behalf of children, including services:

(i) Promoting foster parenting;

(ii) Providing foster homes, residential care, group homes, or temporary group shelters for children;

(iii) Recruiting foster parents;

(iv) Placing children in foster homes;

(v) Licensing or certifying foster homes;

(vi) Promoting adoption or recruiting adoptive parents;

(vii) Assisting adoptions or supporting adoptive families;

(viii) Performing or assisting home studies;

(ix) Assisting kinship guardianships or kinship caregivers;

(x) Providing family support services; and

(xi) Providing temporary family reunification services.

(b) "Discriminatory action" means any action taken by the state government to:

(i) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in subsections (2) and (3) of this section;

(ii) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person referred to in subsections (2) and (3) of this section;

(iii) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to any person referred to in subsections (2) and (3) of this section;

(iv) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to any person referred to in subsections (2) and (3) of this section;

(v) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction;

(vi) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or

(vii) Refuse to hire or promote, force to resign, terminate, demote, sanction, discipline, adversely alter the terms or conditions of employment of, or retaliate or take other adverse employment action against a person employed or commissioned by the state government.

(c) "State benefit program" means any program administered, controlled, or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans, or in-kind assistance.

(d) "State government" means:

(i) The state or a political subdivision of the state;

(ii) Any agency of the state or of a political subdivision of the state, including a department, bureau, board, commission, council, or court;

(iii) Any city, county, urban county government, charter county government, unified local government, consolidated local government, special district, or any combination thereof;

(iv) Any person acting under color of state law; and

(v) Any private person suing under or attempting to enforce a law, rule, or regulation adopted by the state or a political subdivision of the state.

(2) The state government shall not take any discriminatory action against a person that advertises, provides, or facilitates adoption or foster care services wholly or partially on the basis that the person has provided or declined to provide any adoption or foster care service or related service based on or in a manner consistent with a sincerely held religious belief.

(3) The state government shall not take any discriminatory action against a person who the state grants custody of a foster or adoptive child wholly or partially on the basis that the person guides, instructs, or raises a child, or intends to guide, instruct, or raise a child, based on or in a manner consistent with a sincerely held religious belief. The state government may consider whether a person shares the same religious or faith tradition as a foster or adoptive child when considering placement of the child in order to prioritize placement with a person of the same religious or faith tradition.

(4) The state government shall consider any person as accredited, licensed, or certified who would otherwise be accredited, licensed, or certified, respectively, for any purposes under state law if not for a determination against such person wholly or partially on the basis that the person believes, maintains policies and procedures, or acts in accordance with a sincerely held religious belief.

(5) The state government shall consider any person for a contract, grant, or agreement that would otherwise be considered for a contract, grant, or agreement if not for a determination against such person wholly or partially on the basis that the person believes, maintains policies and procedures, or acts in accordance with a sincerely held religious belief.

(6) A person may assert a violation of the provisions of this section as a claim against the state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of the state government, any private person, or any other party.

(7) Notwithstanding any other provision of law to the contrary, an action under this section may be commenced, and relief may be granted, without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(8) A person shall bring an action to assert a claim under this section no later than two (2) years after the date that the person knew or should have known that a discriminatory action was taken against that person.

(9) Any person who successfully asserts a claim or defense under this section may recover:

(a) Declaratory relief;

(b) Injunctive relief to prevent or remedy a violation of this section or the effects of such a violation;

(c) Compensatory damages;

(d) Reasonable attorney's fees and costs; and

(e) Any other appropriate relief, except that declaratory relief and injunctive relief shall be available against a private person not acting under color of state law upon a successful assertion of a defense under this section.

(10) Sovereign, governmental, and qualified immunities to suit and from liability are waived and abolished to the extent of liability pursuant to subsection (9) of this section, and a person may sue the state government, except state courts, for damages allowed pursuant to subsection (9) of this section.

History:

[16-1648, added 2024, ch. 166, sec. 2, p. 632.]
Idaho Code § 16-111 — Idaho Code / Title 16 / Chapter 1 / Section 16-111
16-111 USES OF FUNDS.
Status: in_force

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

(1) For early intervention services to infants and toddlers with disabilities that are not otherwise provided from other public or private funds;

(2) To expand and improve on the services for infant and toddlers with disabilities that are otherwise available; and

(3) For screening and tracking of infants and toddlers at risk of developmental delay.

History:

[16-111, added 1991, ch. 253, sec. 1, p. 629.]
Idaho Code § 16-1642 — Idaho Code / Title 16 / Chapter 16 / Section 16-1642
16-1642 SHORT TITLE.
Status: in_force

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

History:

[(16-1642) 16-1628, as added by 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 27, p. 504; am. and redesig. 2005, ch. 391, sec. 44, p. 1294.]
Idaho Code § 16-1501A — Idaho Code / Title 16 / Chapter 15 / Section 16-1501A
16-1501A RIGHTS AND RESPONSIBILITIES OF PARTIES IN ADOPTION PROCEEDINGS.
Status: in_force

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

(2) The legislature finds that:

(a) The state has a compelling interest in providing stable and permanent homes for adoptive children in a prompt manner, in preventing the disruption of adoptive placements, and in holding parents accountable for meeting the needs of children;

(b) An unmarried mother, faced with the responsibility of making crucial decisions about the future of a newborn child, is entitled to privacy, and has the right to make timely and appropriate decisions regarding her future and the future of the child, and is entitled to assurance regarding the permanence of an adoptive placement;

(c) Adoptive children have a right to permanence and stability in adoptive placements;

(d) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of an adopted child; and

(e) An unmarried biological father has an inchoate interest that acquires constitutional protection only when he demonstrates a timely and full commitment to the responsibilities of parenthood, both during pregnancy and upon the child's birth. The state has a compelling interest in requiring unmarried biological fathers to demonstrate that commitment by providing appropriate medical care and financial support and by establishing legal paternity, in accordance with the requirements of this chapter.

(3) (a) The legislature prescribes the conditions for determining whether an unmarried biological father's action is sufficiently prompt and substantial to require constitutional protection pursuant to sections 16-1504 and 16-1513, Idaho Code.

(b) If an unmarried biological father fails to grasp the opportunities to establish a relationship with his child that are available to him, his biological parental interest may be lost entirely, or greatly diminished in constitutional significance by his failure to timely exercise it, or by his failure to strictly comply with the available legal steps to substantiate it.

(c) A certain degree of finality is necessary in order to facilitate the state's compelling interest. The legislature finds that the interest of the state, the mother, the child, and the adoptive parents described in this section outweigh the interest of an unmarried biological father who does not timely grasp the opportunity to establish and demonstrate a relationship with his child in accordance with the requirements of this chapter.

(d) An unmarried biological father has the primary responsibility to protect his rights.

(e) An unmarried biological father is presumed to know that the child may be adopted without his consent unless he strictly complies with the provisions of this chapter, manifests a prompt and full commitment to his parental responsibilities, and establishes paternity.

(4) The legislature finds that an unmarried mother has a right of privacy with regard to her pregnancy and adoption plan, and therefore has no legal obligation to disclose the identity of an unmarried biological father prior to or during an adoption proceeding, and has no obligation to volunteer information to the court with respect to the father.

History:

[16-1501A, added 2000, ch. 171, sec. 1, p. 422.]
Idaho Code § 16-1633 — Idaho Code / Title 16 / Chapter 16 / Section 16-1633
16-1633 GUARDIAN AD LITEM — DUTIES.
Status: in_force

16-1633. Guardian ad litem — Duties. Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs:

(1) To conduct an independent factual investigation of the circumstances of the child including, without limitation, the circumstances described in the petition.

(2) To file with the court prior to any adjudicatory, review or permanency hearing a written report stating the results of the investigation, the guardian ad litem's recommendations and such other information as the court may require. In all post-adjudicatory reports, the guardian ad litem 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 shall include the child's express wishes in the report to the court. The guardian ad litem's written report shall be delivered to the court, with copies to all parties to the case at least five (5) days before the date set for 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 if the child is found to be within the purview of the act.

(3) To act as an advocate for the child for whom appointed at each stage of proceedings under this chapter. To that end, the guardian ad litem shall participate fully in the proceedings and to the degree necessary to adequately advocate for the child's best interests, and shall be entitled to confer with the child, the child's siblings, the child's parents and any other individual or entity having information relevant to the child protection case.

(4) To monitor the circumstances of a child and to assure that the terms of the court's orders are being fulfilled and remain in the best interest of the child.

(5) To maintain all information regarding the case confidential and to not disclose the same except to the court or to other parties to the case.

(6) Such other and further duties as may be expressly imposed by the court order.

History:

[(16-1633) 16-1631, added 1989, ch. 281, sec. 5, p. 688; am. 1996, ch. 272, sec. 16, p. 898; am. and redesig. 2005, ch. 391, sec. 35, p. 1291; am. 2010, ch. 284, sec. 1, p. 765.]
Idaho Code § 16-1650 — Idaho Code / Title 16 / Chapter 16 / Section 16-1650
16-1650 NEWBORN SAFETY REVIEW.
Status: in_force

16-1650. newborn Safety Review. (1) Any report made to the department by a mandatory reporter pursuant to section 16-1605, Idaho Code, alleging a parent, guardian, or legal custodian is a caregiver to a child that is less than one (1) year of age and has a risk factor described in subsection (2) of this section, the department shall verify the reported risk factor within twelve (12) hours of receiving the report. If the reported risk factor is verified, the department shall initiate a priority I response, as defined by the department, and shall complete a full written safety assessment.

(2) Risk factors that require action by the department pursuant to subsection (1) of this section are as follows:

(a) A parent, guardian, or legal custodian's identifying information appears in the department's child protection central registry going back no more than ten (10) years;

(b) A parent, guardian, or legal custodian has been convicted of injury to a child pursuant to section 18-1501, Idaho Code;

(c) A parent, guardian, or legal custodian's parental rights were terminated in a proceeding pursuant to this chapter; or

(d) A parent, guardian, or legal custodian's child was born with neonatal abstinence syndrome.

(3) For the purposes of this section, "verify" means use of the department's internal records to substantiate termination of parental rights and, when possible, the use of official, public-facing repositories of Idaho criminal or medical records in order to confirm the existence of a reported risk factor.

(4) The department's safety assessment shall include:

(a) The current compliance of each parent, guardian, or legal custodian with court-ordered conditions, treatment, or supervision related to a prior offense, insofar as can be determined;

(b) The child's living environment with the parent, guardian, legal custodian, or caregiver and other household members; and

(c) A summary of the department's prior investigation of allegations of child abuse, abandonment, or neglect pertaining to members of the household and any services provided to members of the household by the division for youth safety and permanency at the department.

(5) When a law enforcement agency makes a report to the department pursuant to section 16-1605, Idaho Code, such report shall include any known or reported risk factors described in subsection (2) of this section.

(6) Nothing in this section shall be construed to create a presumption of abuse or neglect based solely on a medical condition, diagnosis, or indicator.

(7) If the department concludes that verification of a risk factor described in subsection (2) of this section cannot be accomplished within twelve (12) hours or if the department concludes that public safety would be better served by immediately escalating the response, the department may initiate a priority I response instead of making continued efforts to verify the risk factors and shall prepare a safety assessment as set forth in subsection (4) of this section, notwithstanding the lack of a verified risk factor.

History:

[16-1650, added 2026, ch. 276, sec. 2, p. 1164.]
Idaho Code § 16-2408 — Idaho Code / Title 16 / Chapter 24 / Section 16-2408
16-2408 DISCHARGE OR PETITION FOR ONE HUNDRED TWENTY DAY TREATMENT ORDER.
Status: in_force

16-2408. Discharge or petition for one hundred twenty day treatment order. Any child who is voluntarily admitted to a treatment facility upon the consent of his parents or guardian shall be discharged within three (3) business days of a written request for discharge by the consenting person unless such request is withdrawn in writing or there is other legal authority to hold the child at the facility.

History:

[16-2408, added 1997, ch. 404, sec. 1, p. 1287.]
Idaho Code § 16-1636 — Idaho Code / Title 16 / Chapter 16 / Section 16-1636
16-1636 COMPLIANCE WITH FEDERAL LAW.
Status: in_force

16-1636. Compliance with federal law. For the purposes of the child abuse prevention and treatment act, 42 U.S.C. sections 5101 et seq., grant to this state under public law no. 93-247, or any related state or federal legislation, a guardian ad litem or other person appointed pursuant to section 16-1614, Idaho Code, shall be deemed a guardian ad litem to represent the interests of the minor in proceedings before the court. Any provisions of this chapter which shall cause this state to lose federal funding shall be considered null and void.

History:

[(16-1636) 16-1634, added 1989, ch. 281, sec. 8, p. 690; am. and redesig. 2005, ch. 391, sec. 38, p. 1293.]
Idaho Code § 16-2431 — Idaho Code / Title 16 / Chapter 24 / Section 16-2431
16-2431 COST OF INVOLUNTARY TREATMENT PROCEEDINGS.
Status: in_force

16-2431. Cost of involuntary treatment proceedings. All costs associated with the involuntary treatment proceedings, including usual and customary fees of designated examiners, transportation costs and all medical, psychiatric and hospital costs, shall be the responsibility of the parents of the child according to their ability to pay pursuant to section 39-3140, Idaho Code, or, if indigent, the county of such child's residence after all personal, family and third-party resources, including medical assistance as authorized by title XIX of the social security act, as amended, are considered. The department shall assume responsibility for usual and customary treatment costs when the order for involuntary treatment is signed until the involuntary person is discharged and after all personal, family and third-party resources are considered in accordance with section 66-354, Idaho Code. For the purposes of this section, "usual and customary treatment costs" includes room and board; support services rendered at a facility of the department; routine physical, medical, psychological and psychiatric examination and testing; and group and individual therapy, psychiatric treatment, medication and medical care that can be provided at a facility of the department or approved by the department. The term "usual and customary treatment costs" shall not include witness fees and expenses for court appearances. Counties shall have no responsibility for costs of voluntary treatment of children under this chapter. Counties shall have no responsibility to pay for the cost of involuntary treatment of children after the court order is signed. This section does not affect the right of any child to receive free mental health or developmental disability services under any publicly supported program or the right of any parent to reimbursement from, or payment on the child's behalf by, any publicly supported program or private insurer.

History:

[16-2431, added 1997, ch. 404, sec. 1, p. 1298; am. 2025, ch. 110, sec. 4, p. 577.]
Idaho Code § 16-1645 — Idaho Code / Title 16 / Chapter 16 / Section 16-1645
16-1645 EXEMPTION.
Status: in_force

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

History:

[(16-1645) 16-1644, added 2016, ch. 347, sec. 7, p. 1009; am. and redesig. 2017, ch. 58, sec. 6, p. 104.]
Idaho Code § 16-2015 — Idaho Code / Title 16 / Chapter 20 / Section 16-2015
16-2015 CONSTRUCTION.
Status: in_force

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

History:

[16-2015, added 1963, ch. 145, sec. 16, p. 420.]
Idaho Code § 16-2429 — Idaho Code / Title 16 / Chapter 24 / Section 16-2429
16-2429 RIGHT TO REPRESENTATION.
Status: in_force

16-2429. Right to representation. (1) Every child has the right to counsel to represent him at all proceedings under this chapter and to obtain the advice of an attorney at any time regarding his status under this chapter, at his or his parents' expense. When a child has not retained an attorney and is unable to do so, or the child and his parents are unable to afford one, and proceedings under this chapter have been initiated in court, the court shall appoint an attorney to represent him in court proceedings.

(2) Every treatment facility shall establish a fair procedure for the assertion, resolution, and redress of grievances, and attempt to resolve problems and protect the rights of people treated by the facility. The child shall have the right to have a representative present at these proceedings, but not at public expense.

History:

[16-2429, added 1997, ch. 404, sec. 1, p. 1298.]
Idaho Code § 16-1512 — Idaho Code / Title 16 / Chapter 15 / Section 16-1512
16-1512 APPEAL FROM ORDER — BINDING EFFECT OF ADOPTION ORDER.
Status: in_force

16-1512. Appeal from order — Binding effect of adoption order. (1) Any appeal from an order granting or refusing to grant an order of adoption shall be taken to the supreme court.

(2) After the order of adoption by the court becomes final, no party to an adoption proceeding, nor anyone claiming under such party, may later question the validity of the adoption proceedings by reason of any defect or irregularity therein, jurisdiction or otherwise, but shall be fully bound by the order, except for such appeal as may be allowed in subsection (1) of this section. In no event, for any reason, other than fraud on the part of the party adopting a child, shall an adoption be overturned by any court or collaterally attacked by any person or entity after six (6) months from the date the order of adoption becomes final. This provision is intended as a statute of repose.

History:

[I.C.A., sec. 16-1512, as added by 1957, ch. 189, sec. 2, p. 376; am. 1971, ch. 170, sec. 1, p. 805; am. 2000, ch. 173, sec. 1, p. 442; am. 2010, ch. 26, sec. 1, p. 46.]
Idaho Code § 16-1637 — Idaho Code / Title 16 / Chapter 16 / Section 16-1637
16-1637 EXEMPTION.
Status: in_force

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

History:

[(16-1637) 16-1635, added 1989, ch. 281, sec. 9, p. 690; am. and redesig. 2005, ch. 391, sec. 39, p. 1293.]
Idaho Code § 16-2421 — Idaho Code / Title 16 / Chapter 24 / Section 16-2421
16-2421 WAIVER OF RIGHT TO BE PRESENT AT HEARINGS.
Status: in_force

16-2421. Waiver of right to be present at hearings. A child may waive the right to be present at any hearing to which he is entitled under this section by filing a written waiver that the court finds is knowingly and voluntarily executed by the child. The child's attorney shall consult with him and determine whether the child understands his rights and desires to waive his right to be present at the hearing. The attorney shall then submit a verified written statement to the court explaining the attorney's understanding of the child's intent. By waiving the right to be present at the hearing, the child waives no other rights.

History:

[16-2421, added 1997, ch. 404, sec. 1, p. 1293.]
Idaho Code § 16-2416 — Idaho Code / Title 16 / Chapter 24 / Section 16-2416
16-2416 ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Status: in_force

16-2416. One hundred twenty day involuntary treatment order. (1) Children may be treated involuntarily for a period of up to one hundred twenty (120) days upon a petition filed by the treatment facility or by the parent, guardian, prosecuting attorney or other interested party. The petition shall set forth the facts supporting the allegations and, in the case of petitions filed by a treatment facility, shall describe why the child requires treatment, a detailed description of the symptoms or behaviors of the child that support the allegations in the petition, a list of the names and addresses of any witnesses the petitioner intends to call at the involuntary treatment hearing. The petition shall also contain a statement of the alternatives to court-ordered involuntary treatment that have been considered and the reasons for rejecting the alternatives. The petition shall be filed with the court and copies shall be served upon the person and upon a parent, the next of kin, guardian or custodian and the person's attorney. The copies of the petition shall be accompanied by a notice advising of the child's rights concerning the proceeding.

(2) Upon filing of a petition for involuntary treatment of a child who is not currently under emergency evaluation or voluntary admission, the court shall issue a summons to the child to submit to an examination by two (2) designated examiners. At least one (1) designated examiner shall be a psychiatrist, licensed physician or licensed psychologist. Each designated examiner shall promptly prepare a report on his examination and file it with the court. Copies shall be promptly served upon the child, parent, custodian, guardian and the child's attorney.

History:

[16-2416, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 4, p. 957.]
Idaho Code § 16-2401 — Idaho Code / Title 16 / Chapter 24 / Section 16-2401
16-2401 SHORT TITLE.
Status: in_force

16-2401. Short title. This chapter governing the access to the continuum of services for children with serious emotional disturbance may be cited as the "Children's Mental Health Services Act."

History:

[16-2401, added 1997, ch. 404, sec. 1, p. 1282.]
Idaho Code § 16-1610 — Idaho Code / Title 16 / Chapter 16 / Section 16-1610
16-1610 PETITION.
Status: in_force

16-1610. Petition. (1) A petition invoking the jurisdiction of the court under this chapter shall be filed in the manner provided in this section:

(a) A petition must be signed by the prosecutor or deputy attorney general before being filed with the court.

(b) Any person or governmental body of this state having evidence of abuse, abandonment, neglect or homelessness of a child may request the attorney general or prosecuting attorney to file a petition. The prosecuting attorney or the attorney general may file a petition on behalf of any child whose parent, guardian, or custodian has been accused in a criminal complaint of the crime of cruel treatment or neglect as defined in section 18-1501, Idaho Code.

(2) Petitions shall be entitled "In the Matter of………….., a child under the age of eighteen (18) years" and shall be verified and set forth with specificity:

(a) The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603, Idaho Code, with the actions of each parent described therein;

(b) The name, birth date, sex, and residence address of the child;

(c) The name, birth date, sex, and residence address of all other children living at or having custodial visitation at the home where the injury to the subject child occurred;

(d) The names and residence addresses of both the mother and father, guardian or other custodian. If neither of his parents, guardian or other custodian resides or can be found within the state, or if their residence addresses are unknown, the name of any known adult relative residing within the state;

(e) The names and residence addresses of each person having sole or joint legal custody of the children described in this section;

(f) Whether or not there exists a legal document including, but not limited to, a divorce decree, stipulation or parenting agreement controlling the custodial status of the children described in this section;

(g) Whether the child is in shelter care, and, if so, the type and nature of the shelter care, the circumstances necessitating such care and the date and time he was placed in such care;

(h) When any of the facts required by this section cannot be determined, the petition shall so state. The petition may be based on information and belief but in such case the petition shall state the basis of such information and belief;

(i) If the child has been or will be removed from the home, the petition shall state that:

(i) Remaining in the home was contrary to the welfare of the child;

(ii) Vesting legal custody of the child in the department or other authorized agency is in the best interests of the child; and

(iii) Reasonable efforts have been made prior to the placement of the child in care to prevent the removal of the child from his home or, if such efforts were not provided, that reasonable efforts to prevent placement were not required because aggravated circumstances were found;

(j) The petition shall state with specificity whether a parent with joint legal custody or a noncustodial parent has been notified of placement;

(k) The petition shall state whether a court has adjudicated the custodial rights of the parents and shall set forth the custodial status of the child;

(l) The court may combine petitions and hearings where multiple petitions have been filed involving related children, parents or guardians.

History:

[(16-1610) 16-1605, added 1976, ch. 204, sec. 2, p. 735; am. 1977, ch. 304, sec. 1, p. 852; am. 1982, ch. 186, sec. 5, p. 494; am. 1986, ch. 121, sec. 1, p. 319; am. 1996, ch. 272, sec. 4, p. 888; am. 1998, ch. 257, sec. 2, p. 851; am. 2001, ch. 107, sec. 5, p. 356; am. and redesig. 2005, ch. 391, sec. 12, p. 1275; am. 2013, ch. 287, sec. 2, p. 745.]
Idaho Code § 16-1623 — Idaho Code / Title 16 / Chapter 16 / Section 16-1623
16-1623 AMENDED DISPOSITION — REMOVAL DURING PROTECTIVE SUPERVISION.
Status: in_force

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

(a) A peace officer may remove the child where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child; or

(b) The court has ordered, based upon facts presented to the court, that the child should be removed from his or her present conditions or surroundings because continuation in such conditions or surroundings would be contrary to the welfare of the child and vesting legal custody in the department or other authorized agency would be in the child's best interests.

(2) Upon removal, the child shall be taken to a place of shelter care.

(3) When a child under protective supervision is removed from his home pursuant to subsection (1)(a) or (b) of this section without a hearing, a redisposition hearing shall be held within forty-eight (48) hours of the child's removal from the home, except for Saturdays, Sundays and holidays. At the hearing, the court shall determine whether to vest legal custody in the department or other authorized agency pursuant to section 16-1619(5)(b), Idaho Code. When a child under protective supervision is removed from his home pursuant to subsection (1)(b) of this section and the facts supporting the removal are presented to the court at a hearing, the hearing at which the court orders the child's removal is the redisposition hearing.

(4) In determining whether to vest legal custody in the department or other authorized agency, the court shall consider any information relevant to the redisposition of the child, and in any event shall make detailed written findings based upon facts in the record as required by section 16-1619(6), Idaho Code.

(5) An order vesting legal custody with the department or other authorized agency under this section shall be treated for all purposes as if such an order had been part of the court's original decree under section 16-1619, Idaho Code. The court may order the department to prepare a written case plan. The court may hold a case plan hearing. The case plan hearing shall be held within thirty (30) days of the redisposition hearing pursuant to section 16-1621, Idaho Code.

(6) Each of the parents or legal guardians from whom the child was removed shall be given notice of the redisposition hearing in the same time and manner as required for notice of a shelter care hearing under section 16-1615(2) and (3), Idaho Code.

(7) The redisposition hearing may be continued for a reasonable time upon the request of the parties.

History:

[16-1623, added 2005, ch. 391, sec. 25, p. 1284; am. 2013, ch. 287, sec. 7, p. 752; am. 2016, ch. 265, sec. 7, p. 716.]
Idaho Code § 16-2501 — Idaho Code / Title 16 / Chapter 25 / Section 16-2501
16-2501 DEFINITIONS.
Status: in_force

16-2501. Definitions. As used in this chapter:

(1) "Department" means the department of health and welfare and its authorized agents.

(2) "Representative payee" means a person or organization appointed by a federal agency to receive federal benefits on behalf of a child.

History:

[16-2501, added 2026, ch. 31, sec. 1, p. 132.]
Idaho Code § 16-1507 — Idaho Code / Title 16 / Chapter 15 / Section 16-1507
16-1507 ORDER OF ADOPTION.
Status: in_force

16-1507. Order of adoption. The judge must examine all persons appearing before him pursuant to this chapter, each separately, and any report of the investigation provided pursuant to the last section and if satisfied that the interests of the child will be promoted by the adoption, he must in the adoption of all foreign born persons make a finding of facts as to the true or probable date and place of birth of the foreign born child to be adopted and make an order declaring that the child shall thenceforth be regarded and treated in all respects as the child of the person adopting.

History:

[(16-1507) 1879, p. 8, sec. 7; R.S., sec. 2551; reen. R.C. & C.L., sec. 2706; C.S., sec. 4688; I.C.A., sec. 31-1107; am. 1951, ch. 283, sec. 3, p. 611; am. 1988, ch. 26, sec. 2, p. 34; am. 1996, ch. 188, sec. 1, p. 596.]
Idaho Code § 16-112 — Idaho Code / Title 16 / Chapter 1 / Section 16-112
16-112 PROHIBITED USE OF FUNDS.
Status: in_force

16-112. Prohibited use of funds. The use of early intervention funds provided under this chapter to supplant funds from other sources is not permitted. All local and state programs for infants and toddlers with disabilities shall maintain the funding which supported infant and toddler programs at levels as of July 1, 1990.

History:

[16-112, added 1991, ch. 253, sec. 1, p. 629.]
Idaho Code § 16-2426A — Idaho Code / Title 16 / Chapter 24 / Section 16-2426A
16-2426A SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY.
Status: in_force

16-2426A. SERIOUS BEHAVIORAL HEALTH CONDITIONS — PREVENTION OF REMOVAL FROM CUSTODY. (1) The department shall not make a substantiated disposition that a child has been abused, neglected, or abandoned by a parent or guardian under the child protective act, chapter 16, title 16, Idaho Code, because of a request for inpatient hospital treatment or an out-of-home placement for the child, if the child's recent mental health condition demonstrates that the child is likely to cause harm to himself or to suffer substantial mental or physical deterioration, and/or is likely to cause harm to others, and if the risk cannot be eliminated before returning the child to the child's family.

(2) In order to intercept and divert children at risk of being removed from their parent's or guardian's custody under chapter 16, title 16, Idaho Code, the department, within one hundred eighty (180) days after the effective date of this section, shall enter into an interagency agreement with appropriate agencies for the purpose of preventing children who are not otherwise abused or neglected from entering the custody of the department for purposes of receiving services for serious emotional disturbance. The interagency agreement shall require the department to establish an interagency clinical team to review cases of children who are at the hospital or another similar treatment facility and to connect the child and his family with the appropriate services, treatment, and support in order to stabilize the child's serious emotional disturbance and to prevent removal by the department under chapter 16, title 16, Idaho Code.

History:

[16-2426A, added 2021, ch. 147, sec. 1, p. 399.]
Idaho Code § 16-2101 — Idaho Code / Title 16 / Chapter 21 / Section 16-2101
16-2101 LEGISLATIVE FINDINGS AND POLICY.
Status: in_force

16-2101. Legislative findings and policy. It is hereby found and declared: (1) that the needs of children requiring placement and of adults seeking to receive them cannot be met by restricting child placement services and supervision to the territory of a single state; (2) that the cooperation of this state with other states is necessary to improve services and protection for children in need of placement.

It shall therefore be the policy of this state, in adopting the Interstate Compact on the Placement of Children, to cooperate fully with other states: (1) in furnishing public authorities in a receiving state with notice of the intention to place a child in the receiving state; (2) in placing a child in a receiving state only after receiving notification from that receiving state as to suitability of the placement; and (3) in conforming with the applicable laws of the receiving state governing the placement of children therein.

Nothing in this act shall be interpreted as limiting the jurisdiction of the courts under chapter 16 and 18, title 16, Idaho Code.

History:

[16-2101, added 1976, ch. 189, sec. 1, p. 681.]
Idaho Code § 16-1601 — Idaho Code / Title 16 / Chapter 16 / Section 16-1601
16-1601 POLICY.
Status: in_force

16-1601. Policy. The policy of the state of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment and neglect cases, and the protection of any child whose life, health or 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 own home, the care, guidance and control that will promote his welfare and the best interest of the state of Idaho, and if he is removed from the control of one (1) or more of his parents, guardian or other custodian, the state shall secure adequate care for him; 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:

(1) Preserve the privacy and unity of the family whenever possible;

(2) Take such actions as may be necessary and feasible to prevent the abuse, neglect, abandonment or homelessness of children;

(3) Take such actions as may be necessary to provide the child with permanency including concurrent planning;

(4) Clarify for the purposes of this act the rights and responsibilities of parents with joint legal or joint physical custody of children at risk; and

(5) Maintain sibling bonds by placing siblings in the same home when possible, and support or facilitate sibling visitation when not, unless such contact is not in the best interest of one (1) or more of the children.

History:

[16-1601, added 1976, ch. 204, sec. 2, p. 732; am. 1982, ch. 186, sec. 1, p. 492; am. 1991, ch. 212, sec. 1, p. 501; am. 1996, ch. 272, sec. 1, p. 885; am. 1998, ch. 257, sec. 1, p. 851; am. 2001, ch. 107, sec. 1, p. 352; am. 2003, ch. 279, sec. 1, p. 748; am. 2018, ch. 287, sec. 1, p. 675.]
Idaho Code § 16-1644 — Idaho Code / Title 16 / Chapter 16 / Section 16-1644
16-1644 LIMITATIONS ON CAREGIVER LIABILITY.
Status: in_force

16-1644. limitations on caregiver liability. (1) For purposes of this section:

(a) "Age or developmentally appropriate" means:

(i) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and

(ii) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child.

(b) "Reasonable and prudent parent standard" means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interest of a child while simultaneously encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities.

(2) A caregiver shall use the reasonable and prudent parent standard in determining whether to permit a child to participate in an activity while in foster care. A caregiver shall also consider whether the activity is age or developmentally appropriate.

(3) A caregiver shall not be liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver when the caregiver has acted in accordance with subsection (2) of this section.

(4) This section does not remove or limit any existing liability protection otherwise provided by law.

History:

[16-1644, added 2016, ch. 360, sec. 2, p. 1064.]
Idaho Code § 16-1618 — Idaho Code / Title 16 / Chapter 16 / Section 16-1618
16-1618 INVESTIGATIVE INTERVIEWS OF ALLEGED CHILD ABUSE VICTIMS.
Status: in_force

16-1618. Investigative interviews of alleged child abuse victims. Unless otherwise demonstrated by good cause, all investigative or risk assessment interviews of alleged victims of child abuse will be documented by audio or video taping whether conducted by personnel of law enforcement entities, the department of health and welfare or child advocacy centers. The absence of such audio or video taping shall not limit the admissibility of such evidence in any related court proceeding.

History:

[(16-1618) 16-1609B, added 1996, ch. 388, sec. 2, p. 1313; am. and redesig. 2005, ch. 391, sec. 20, p. 1281; am. 2014, ch. 120, sec. 3, p. 341.]
Idaho Code § 16-2001 — Idaho Code / Title 16 / Chapter 20 / Section 16-2001
16-2001 PURPOSE.
Status: in_force

16-2001. Purpose. (1) The purpose of this chapter is to:

(a) Provide for voluntary and involuntary severance of the parent and child relationship and for substitution of parental care and supervision by judicial process, thereby safeguarding the rights and interests of all parties concerned and promoting their welfare and that of the state of Idaho; and

(b) Provide permanency for children who are under the jurisdiction of the court through the child protective act, chapter 16, title 16, Idaho Code, where the court has found the existence of aggravated circumstances or that reasonable efforts to return the child to his or her home have failed.

(2) Implicit in this chapter is the philosophy that wherever possible family life should be strengthened and preserved and that the issue of severing the parent and child relationship is of such vital importance as to require a judicial determination in place of attempts at severance by contractual arrangements, express or implied, for the surrender and relinquishment of children. Nothing in this chapter shall be construed to allow discrimination in favor of, or against, on the basis of disability.

History:

[16-2001, added 1963, ch. 145, sec. 1, p. 420; am. 2002, ch. 233, sec. 8, p. 677; am. 2005, ch. 391, sec. 46, p. 1295.]
Idaho Code § 16-1638 — Idaho Code / Title 16 / Chapter 16 / Section 16-1638
16-1638 GUARDIAN AD LITEM ACCOUNT — CREATION.
Status: in_force

16-1638. Guardian ad litem account — Creation. (1) There is hereby created an account in the agency asset fund in the state treasury to be designated the guardian ad litem account.

(2) The account shall consist of:

(a) Moneys appropriated to the account;

(b) Donations, gifts and grants to the account from any source; and

(c) Any other moneys which may hereafter be provided by law.

(3) Moneys in the account may be expended for the purposes provided in sections 16-1632 through 16-1638, Idaho Code. Interest earned on the investment of idle money in the guardian ad litem account shall be returned to the guardian ad litem account.

(4) Disbursements of moneys from the account shall be by appropriation from the legislature to the supreme court, which moneys shall be used for the payment of grants to qualified recipients and for expenses incurred for carrying out the provisions of this chapter.

History:

[(16-1638) 16-1636, added 1989, ch. 281, sec. 10, p. 690; am. and redesig. 2005, ch. 391, sec. 40, p. 1293; am. 2007, ch. 26, sec. 3, p. 53.]
Idaho Code § 16-2104 — Idaho Code / Title 16 / Chapter 21 / Section 16-2104
16-2104 SUPPLEMENTARY AGREEMENTS.
Status: in_force

16-2104. Supplementary agreements. The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to the compact. In the event that such supplementary agreement shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service of this state, said supplementary agreement shall have no force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.

History:

[16-2104, added 1976, ch. 189, sec. 1, p. 686.]
Idaho Code § 16-2410 — Idaho Code / Title 16 / Chapter 24 / Section 16-2410
16-2410 REVIEW OF VOLUNTARY ADMISSION.
Status: in_force

16-2410. Review of voluntary admission. A child admitted on the consent of his parents, shall have his admission reviewed at the end of a thirty (30) day period from the initial date of admission to the program. The review shall be accomplished by having the child's treating clinician review the child's treatment and determine whether continued out-of-home treatment at the facility is still necessary and consistent with the least restrictive alternative principle. If the clinician decides that it is, he or she shall record the findings on a form to be filed in the child's record. The facility shall notify the child and his parents at least seven (7) days prior to the thirty (30) day review and give them an opportunity to comment on the need, if any, for continued inpatient or residential treatment. The facility shall ensure that the child and his parents are aware of the right to request discharge as set forth above.

If the facility staff determines that the parent of the child understands these rights and the parent of the child desires to continue treatment, then the facility staff shall so certify on a form designated by the department. These forms shall be kept in the child's patient record, and sent to the child's parent, guardian or custodian. This procedure shall take place every thirty (30) days from the date of the last admission.

History:

[16-2410, added 1997, ch. 404, sec. 1, p. 1287.]
Idaho Code § 16-1607 — Idaho Code / Title 16 / Chapter 16 / Section 16-1607
16-1607 REPORTING IN BAD FAITH — CIVIL DAMAGES.
Status: in_force

16-1607. Reporting in bad faith — Civil damages. Any person who makes a report or allegation of child abuse, abandonment or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of two thousand five hundred dollars ($2,500), whichever is greater, plus attorney's fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater.

History:

[(16-1607) 16-1620A, added 1995, ch. 276, sec. 1, p. 924; am. and redesig. 2005, ch. 391, sec. 9, p. 1274; am. 2007, ch. 128, sec. 1, p. 385.]
Idaho Code § 16-1505 — Idaho Code / Title 16 / Chapter 15 / Section 16-1505
16-1505 NOTICE OF ADOPTION PROCEEDINGS.
Status: in_force

16-1505. Notice of adoption proceedings. (1) Notice of an adoption proceeding shall be served on each of the following persons:

(a) Any person or agency whose consent or relinquishment is required under section 16-1504, Idaho Code, unless that right has been terminated by waiver, relinquishment, consent or judicial action, or the person's parental rights have been previously terminated;

(b) Any person who has registered notice of the commencement of paternity proceedings pursuant to section 16-1513, Idaho Code;

(c) The petitioner's spouse, if any, only if he or she has not joined in the petition;

(d) Any person who is recorded on the birth certificate as the child's father, with the knowledge and consent of the mother, unless such right to notice or parental rights have been previously terminated;

(e) Any person who is openly living in the same household with the child at the time the mother's consent is executed or relinquishment made, and who is holding himself out to be the child's father, unless such rights to notice or parental rights have been previously terminated; and

(f) Any person who is married to the child's mother at the time she executes her consent to the adoption or relinquishes the child for adoption.

(2) An unmarried biological father, by virtue of the fact that he has engaged in a sexual relationship with a woman, is deemed to be on notice that a pregnancy and an adoption proceeding regarding that child may occur, and that he has a duty to protect his own rights and interests. He is therefore entitled to actual notice of a birth or an adoption proceeding with regard to that child only as provided in this section.

(3) Notice provided in accordance with this section need not disclose the name of the mother of the child who is the subject of an adoption proceeding.

(4) The notice required by this section may be served immediately after commencement of proceedings to adopt a child but shall be served at least twenty-one (21) days prior to the final dispositional hearing. The notice shall specifically state that the person served must respond to the petition for adoption within twenty-one (21) days of service if he intends to intervene in or contest the adoption.

(5) (a) Any person who has been served with notice of an adoption proceeding and who wishes to contest the adoption shall file a written objection to the adoption in the adoption proceeding within twenty-one (21) days after service. The written objection shall set forth specific relief sought and be accompanied by a memorandum specifying the factual and legal grounds upon which the written objection is based.

(b) Any person who fails to file a written objection to the adoption within twenty-one (21) days after service of notice waives any right to further notice in connection with the adoption, forfeits all rights in relation to the adoptee, and is barred from thereafter bringing or maintaining any action to assert any interest in the adoptee.

(6) Service of notice under this section shall be made as follows:

(a) With regard to a person whose consent is necessary under section 16-1504, Idaho Code, notice shall be given by personal service. Where reasonable efforts to effect personal service have been unsuccessful, the court shall order service by registered or certified mail to the last known address of the person to be notified and by publication once a week for three (3) successive weeks in a newspaper or newspapers to be designated by the court as most likely to give notice to the person to be served. The hearing shall take place no sooner than twenty-one (21) days after service of notice or, where service is by registered or certified mail and publication, the hearing shall take place no sooner than twenty-one (21) days after the date of last publication. Notice and appearance may be waived by any person in writing before the court or in the presence of, and witnessed by, a clerk of court or a representative of an authorized agency, provided that such parent has been apprised by the court or by such person of the meaning and consequences of the adoption proceeding. Where the person entitled to notice resides outside the state, the waiver shall be acknowledged before a notary of the state and shall contain the current address of said person. The person who has executed such a waiver shall not be required to appear. If service is by publication, the court shall designate the content of the notice regarding the identity of the parties. The notice may not include the name of the person or persons seeking to adopt the adoptee.

(b) As to any other person for whom notice is required under this section, service by certified mail, return receipt requested, is sufficient. If that service cannot be completed after two (2) attempts, the court may issue an order providing for service by publication, posting, or by any other manner of service.

(c) Notice to a person who has registered a notice of his commencement of paternity proceedings with the vital statistics unit of the department of health and welfare in accordance with the requirements of section 16-1513, Idaho Code, shall be served by certified mail, return receipt requested, at the last address filed with the department.

(7) Proof of service of notice on all persons for whom notice is required by this section shall be filed with the court before the final dispositional hearing on the adoption.

(8) Notwithstanding any other provision of law, neither the notice of an adoption proceeding nor any process in that proceeding is required to contain the name of the person or persons seeking to adopt the adoptee.

(9) Except as to those persons whose consent to an adoption is required under section 16-1504, Idaho Code, the sole purpose of notice under this section is to enable the person served to present evidence to the court relevant to the best interest of the child.

History:

[(16-1505) 1879, p. 8, sec. 5; R.S., sec. 2549; reen. R.C. & C.L., sec. 2704; C.S., sec. 4686; I.C.A., sec. 31-1105; am. 2000, ch. 171, sec. 4, p. 427; am. 2020, ch. 124, sec. 1, p. 383.]
Idaho Code § 16-2012 — Idaho Code / Title 16 / Chapter 20 / Section 16-2012
16-2012 COURT COSTS.
Status: in_force

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

History:

[16-2012, added 1963, ch. 145, sec. 12, p. 420.]
Idaho Code § 16-1509A — Idaho Code / Title 16 / Chapter 15 / Section 16-1509A
16-1509A DISSOLUTION OF ADOPTION.
Status: in_force

16-1509A. Dissolution of adoption. An adoption may be dissolved, upon petition, with the agreement of both the adoptee and the adopting parent, when the adopting parent was the spouse of a natural parent, and the marriage of the natural parent and adoptive parent was terminated. If the petition for dissolution occurs after the death of the adoptive parent, the court shall, in the finding of dissolution, specify the effect upon rights of inheritance. The court must determine that avoidance of statutory care is not the purpose of the dissolution, unless the court finds grounds to waive this finding. An action to obtain a decree of dissolution of adoption may be commenced at any time after the adoptee reaches twenty-one (21) years of age.

History:

[16-1509A, added 1998, ch. 167, sec. 1, p. 563.]
Idaho Code § 16-2422 — Idaho Code / Title 16 / Chapter 24 / Section 16-2422
16-2422 INFORMED CONSENT TO MEDICATION OR OTHER TREATMENT — PERSONS UNDER VOLUNTARY TREATMENT.
Status: in_force

16-2422. Informed consent to medication or other treatment — Persons under voluntary treatment. (1) A facility may not administer any treatments or medications to a child admitted to the facility as a voluntary patient under section 16-2407, Idaho Code, unless the parent, guardian or custodian of the child has given informed consent to the treatment, except that emergency or medically necessary treatments may be given without informed consent, if delay in treatment may cause harm to the child, and the parent, guardian, or custodian of the child is not available. Nothing in this subsection shall apply to electroconvulsive therapy.

(2) Electroconvulsive therapy may be administered to a child fourteen (14) years of age or older only if:

(a) There is informed consent by the parent, guardian, or custodian of the child and all reasonable attempts have been made to contact any noncustodial parent with all information regarding the proposed therapy;

(b) The child does not object to the procedure after being informed of the proposed therapy and alternatives;

(c) No parent, guardian, or custodian of the child objects to the proposed therapy;

(d) All other accepted methods of treatment have been exhausted; such treatment is necessary to save the child's life due to potential suicide; or such therapy is necessary to prevent irreparable injury resulting from conditions of self-harm, starvation, dehydration, or physical exhaustion bordering on serious collapse, to the extent that such condition is life threatening;

(e) The child has received thorough, independent psychiatric assessments by, and approval for the therapy from, two (2) separate american board of psychiatry-certified psychiatrists specializing in child and adolescent psychiatry, at least one (1) of whom shall demonstrate advanced certification in electroconvulsive therapy.

(f) The child is given a cognitive assessment that includes an assessment of memory, which shall be performed:

(i) Prior to administration of the therapy;

(ii) Immediately following termination of the therapy; and

(iii) Three (3) to six (6) months post administration of the therapy; and

(g) The therapy is performed in a facility licensed as a hospital pursuant to chapter 13, title 39, Idaho Code.

(3) After informed consent has been given, the parent, guardian or custodian of a child may revoke such consent at any time, by clearly communicating such revocation to facility staff. When consent has been revoked, the facility shall promptly discontinue the treatment, provided that a course of treatment, except for electroconvulsive therapy, may be concluded or phased out where necessary to avoid the harmful effects of abrupt withdrawal. The facility may require the parent, guardian, or custodian to sign a written revocation of consent before discontinuing the treatment.

(4) Except in an emergency situation, the parents of a child being treated voluntarily shall have the right to refuse any and all medications or other treatments, but electroconvulsive therapy shall never be administered unless there is compliance with subsection (2) of this section. If appropriate medications or treatments are refused, and the facility is unable to care for the child without such treatments, the facility may then discharge the child, with due care for his safety. Neither the facility nor providers shall be held liable. If the child appears to meet the criteria for involuntary treatment as specified in section 16-2418, Idaho Code, the facility may file a petition for involuntary treatment.

History:

[16-2422, added 1997, ch. 404, sec. 1, p. 1293; am. 2024, ch. 304, sec. 1, p. 1024.]
Idaho Code § 16-1620 — Idaho Code / Title 16 / Chapter 16 / Section 16-1620
16-1620 FINDING OF AGGRAVATED CIRCUMSTANCES — PERMANENCY PLAN — HEARING.
Status: in_force

16-1620. finding of aggravated circumstances — Permanency plan — hearing. (1) After a judicial determination that reasonable efforts to return the child to his home are not required because aggravated circumstances were found to be present, the court shall hold a permanency hearing within thirty (30) days after the finding and every twelve (12) months thereafter for as long as the court has jurisdiction. The department shall prepare a permanency plan and file the permanency plan with the court at least five (5) days prior to the permanency hearing. If the permanency plan has a goal of termination of parental rights and adoption, the department shall file the petition to terminate as required in section 16-1624(2), Idaho Code. Copies of the permanency plan shall be delivered to the parents and other legal guardians, prosecuting attorney or deputy attorney general, the guardian ad litem and attorney for the child.

(2) The permanency plan shall have a permanency goal of termination of parental rights and adoption, guardianship or, for youth age sixteen (16) years and older only, another planned permanent living arrangement and shall set forth the reasonable efforts necessary to finalize the permanency goal.

(3) The permanency plan shall also:

(a) Identify the services to be provided to the child, including services to identify and meet any 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;

(b) Address all options for permanent placement of the child, including consideration of options for in-state and out-of-state placement of the child;

(c) Address the advantages and disadvantages of each option and include a recommendation as to which option is in the child's best interests;

(d) Specifically identify the actions necessary to implement the recommended option;

(e) Specifically set forth a schedule for accomplishing the actions necessary to implement the permanency goal;

(f) Address the 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. This shall also include the efforts made to ensure educational stability for the child, the efforts to keep the child in the school in which the child is enrolled at the time of placement or the reasons why remaining in that school is not in the best interests of the child;

(g) Document that siblings were placed together or, if siblings were not placed together, document the efforts made to place siblings together, the reasons why siblings were not placed together, and a plan for ensuring frequent visitation or ongoing interaction between the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings;

(h) For youth age fourteen (14) years and older:

(i) Identify the services needed to assist the youth to make the transition from foster care to successful adulthood; and

(ii) Document the youth's rights in regard to education, health, visitation, court participation and receipt of an annual credit report, including a signed acknowledgment by the department that the youth was provided with a written copy of these rights and that the rights were explained to the youth in an age-appropriate or developmentally appropriate manner;

(i) For youth age sixteen (16) years and older with a proposed permanency goal of another planned permanent living arrangement, document:

(i) The intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made to place the youth with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;

(ii) Why another planned permanent living arrangement is the best permanency plan for the youth and compelling reasons why, as of the date of the permanency hearing, it would not be in the best interests of the youth to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling;

(iii) The steps that the department has taken to ensure that the youth's foster parents or child care institution are following the reasonable and prudent parent standard when determining whether to allow the youth in their care to participate in extracurricular, enrichment, cultural and social activities; and

(iv) The opportunities provided to the youth to engage in age-appropriate or developmentally appropriate activities;

(j) If there is reason to believe the child is an Indian child and there has been no final determination as to the child's status as an Indian child, document:

(i) The efforts made to determine whether the child is an Indian child; and

(ii) The department's efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership; and

(k) Identify the prospective adoptive parents, if known; if the prospective adoptive parents are not known, the department shall amend the plan to name the proposed adoptive parents as soon as such persons become known.

(4) The court shall hold a permanency hearing to determine whether the best interests of the child are served by adopting, rejecting or modifying the permanency plan proposed by the department. At each permanency hearing:

(a) For youth age twelve (12) years and older, unless good cause is shown, the court shall ask the youth about his desired permanency outcome and consult with the youth about his current permanency plan;

(b) If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child's status as an Indian child, the court shall:

(i) Inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and

(ii) Determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership;

(c) If the child is being treated with psychotropic medication, these additional requirements shall apply:

(i) The department shall report to the court the medication and dosage prescribed for the child and the medical professional who prescribed the medication; and

(ii) The court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication; and

(d) If a child is in the legal custody of the department and the court has approved placement of the child in a qualified residential treatment program, then at each hearing pursuant to this section and each hearing held pursuant to section 16-1622, Idaho Code, the department shall document:

(i) That ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home, that the placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child that is in the least restrictive environment, and that the placement is consistent with the short- and long-term goals for the child, as specified in the permanency plan for the child;

(ii) The specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and

(iii) The efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, with a legal guardian, with an adoptive parent, or in a foster family home.

(5) Notice of the permanency hearing shall be provided to the parents and other legal guardians, prosecuting attorney or deputy attorney general, guardian ad litem, attorney for the child, the department and foster parents; provided however, that foster parents are not thereby made parties to the child protective act action.

(6) The permanency plan as approved by the court shall be entered into the record as an order of the court. The order may include interim and final deadlines for implementing the permanency plan and finalizing the permanency goal.

(7) For youth with a proposed or current permanency goal of another planned permanent living arrangement, at each permanency hearing the court shall make written, case-specific findings that as of the date of the permanency hearing another planned permanent living arrangement is the best permanency plan for the youth and that there are compelling reasons why it is not in the youth's best interests to be placed permanently with a parent, in an adoptive placement, in a guardianship, or in the legal custody of the department in a placement with a fit and willing relative, including an adult sibling.

(8) 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 petition or other motion is filed in a child protection proceeding seeking a determination of the court that aggravated circumstances were present.

History:

[16-1620, added 2005, ch. 391, sec. 22, p. 1282; am. 2013, ch. 287, sec. 4, p. 747; am. 2016, ch. 265, sec. 4, p. 707; am. 2016, ch. 347, sec. 3, p. 1002; am. 2017, ch. 58, sec. 4, p. 99; am. 2021, ch. 281, sec. 5, p. 844.]
Idaho Code § 16-1624 — Idaho Code / Title 16 / Chapter 16 / Section 16-1624
16-1624 TERMINATION OF PARENT-CHILD RELATIONSHIP.
Status: in_force

16-1624. Termination of parent-child relationship. (1) If the child has been placed in the legal custody of the department or under its protective supervision pursuant to section 16-1619, Idaho Code, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16, Idaho Code. A petition to terminate parental rights shall be filed in the child protective act case.

(2) A petition to terminate parental rights shall be filed within thirty (30) days of an order approving a permanency plan with a permanency goal of termination of parental rights and adoption.

(3) Unless there are compelling reasons it would not be in the best interest of the child, the department shall be required to file a petition to terminate parental rights within thirty (30) days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because aggravated circumstances were present.

(4) The department shall join as a party to the petition if such a petition to terminate is 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 interest of the child, or the child is placed with a fit and willing relative.

(5) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court.

(6) 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 petition to terminate parental rights has been filed with regard to the child.

History:

[(16-1624) 16-1615, added 1976, ch. 204, sec. 2, p. 741; am. 1982, ch. 186, sec. 15, p. 500; am. 1989, ch. 218, sec. 3, p. 528; am. 1998, ch. 257, sec. 4, p. 854; am. 2000, ch. 233, sec. 1, p. 653; am. 2001, ch. 107, sec. 16, p. 367; am. 2003, ch. 279, sec. 7, p. 755; am. and redesig. 2005, ch. 391, sec. 26, p. 1285; am. 2010, ch. 147, sec. 2, p. 316; am. 2013, ch. 287, sec. 8, p. 753.]
Idaho Code § 16-2504 — Idaho Code / Title 16 / Chapter 25 / Section 16-2504
16-2504 PROHIBITED USE OF FEDERAL BENEFITS.
Status: in_force

16-2504. prohibited use of federal benefits. (1) If the department is the child's representative payee, the department shall not use a child's federal benefits to pay for or reimburse the department or the state of Idaho for any costs of the child's care, maintenance, supervision, or services.

(2) The department may use such benefits to pay for the child's unmet needs beyond what the department is obligated, is required, or has agreed to pay.

History:

[16-2504, added 2026, ch. 31, sec. 1, p. 133.]
Idaho Code § 16-2420 — Idaho Code / Title 16 / Chapter 24 / Section 16-2420
16-2420 SUCCESSIVE PERIODS OF INVOLUNTARY TREATMENT.
Status: in_force

16-2420. Successive periods of involuntary treatment. Any order for involuntary treatment pursuant to section 16-2416, Idaho Code, may be renewed. At the time of expiration of a one hundred twenty (120) day involuntary treatment order, authority for continued involuntary treatment may be extended for periods of up to one hundred eighty (180) days upon a petition filed with the court by the treatment facility or by the child's parent, or guardian, or other interested party.

(1) The petition shall include a statement why the child still meets the criteria for involuntary treatment, what treatment has been provided and what progress has been made, why a further period of involuntary treatment is warranted, and the identity of any person who has knowledge concerning the case. The petition shall be promptly served upon the child, the child's parent, custodian, or guardian, and the child's attorney.

(2) The child shall be entitled to a hearing before the court on the petition on or before the first business day following expiration of the operative period of involuntary treatment and shall have the same rights to which he was entitled at the initial hearing on involuntary treatment in section 16-2417, Idaho Code.

(3) The court shall order that the child be discharged unless it determines by clear and convincing evidence that:

(a) The child still satisfies the criteria for involuntary treatment; and

(b) That there is a reasonable prospect that a substantial therapeutic purpose would be served by a further period of involuntary treatment.

(4) Additional involuntary treatment orders for periods up to one hundred eighty (180) days each may be ordered in accordance with this section.

History:

[16-2420, added 1997, ch. 404, sec. 1, p. 1292.]
Idaho Code § 16-2414 — Idaho Code / Title 16 / Chapter 24 / Section 16-2414
16-2414 ORDER FOR EMERGENCY EVALUATION.
Status: in_force

16-2414. Order for emergency evaluation. Each child who is admitted to a treatment facility under section 16-2413, Idaho Code, shall, within twenty-four (24) hours of being taken into protective custody, be released to his parent or guardian, unless a court order authorizing emergency evaluation has been obtained.

(1) The evidence supporting the claim that an emergency exists with respect to the child shall be submitted to a court of competent jurisdiction. If the court finds that an emergency situation exists, it shall issue an order for emergency evaluation, which shall authorize the treatment facility to hold the child for up to forty-eight (48) hours at which time he shall be released to his parent or guardian, unless valid consent to voluntary treatment has been obtained under section 16-2407, Idaho Code, or other legal authority is sought to hold the child.

(2) Each child and parent shall also be informed orally and in writing by the evaluation facility of the purposes and the possible consequences of the proceedings, the allegations in the petition, the child's right to communicate with an attorney, and the right to receive necessary and appropriate treatment.

(3) At all stages of the proceeding the court shall consider whether treatment may be voluntarily obtained by the child and his family. If the treatment can be voluntarily obtained, the petition shall be dismissed.

(4) The court may also order that the prosecuting attorney of the county review the appropriateness of the case for filing a petition under the child protective act or the juvenile corrections act.

(5) A child shall not be admitted under this section to a facility operated by the department unless evaluated and authorized by a staff of the regional family and children's services program.

History:

[16-2414, added 1997, ch. 404, sec. 1, p. 1289.]
Idaho Code § 16-1618A — Idaho Code / Title 16 / Chapter 16 / Section 16-1618A
16-1618A INVESTIGATION BASED UPON IMMUNIZATION STATUS PROHIBITED.
Status: in_force

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

History:

[16-1618A, added 2023, ch. 10, sec. 1, p. 34.]
Idaho Code § 16-1509 — Idaho Code / Title 16 / Chapter 15 / Section 16-1509
16-1509 RELEASE OF CHILD'S PARENTS FROM OBLIGATION — TERMINATION OF RIGHTS OF PARENTS AND CHILDREN.
Status: in_force

16-1509. Release of child's parents from obligation — Termination of rights of parents and children. Unless the decree of adoption otherwise provides, the natural parents of an adopted child are, from the time of the adoption, relieved of all parental duties toward, and all responsibilities for, the child so adopted, and have no right over it, and all rights of such child from and through such natural parents including the right of inheritance, are hereby terminated unless specifically provided by will.

History:

[(16-1509) 1879, p. 8, sec. 9; R.S., sec. 2553; reen. R.C. & C.L., sec. 2708; C.S., sec. 4690; I.C.A., sec. 31-1109; am. 1969, ch. 334, sec. 1, p. 1058.]
Idaho Code § 16-2505 — Idaho Code / Title 16 / Chapter 25 / Section 16-2505
16-2505 NOTICE AND APPEAL.
Status: in_force

16-2505. Notice and Appeal. (1) The department shall notify the child, the child's attorney, the child's guardian, and the child's parents, if parental rights have not been terminated, in writing of any application, decision, or appeal related to the child's federal benefits.

(2) In providing notice of the denial of benefits, the department shall consult with the child and the child's attorney and appeal the denial if it is in the child's best interest.

History:

[16-2505, added 2026, ch. 31, sec. 1, p. 133.]
Idaho Code § 16-1619A — Idaho Code / Title 16 / Chapter 16 / Section 16-1619A
16-1619A PLACEMENT OF A CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
Status: in_force

16-1619A. placement of a child in a qualified residential treatment program. (1) Where legal custody of a child is vested in the department, and the department places the child in a qualified residential treatment program, the department shall file a notice of the placement with the court within seven (7) days of the placement. The notice shall identify the placement and the date of the placement.

(2) Within thirty (30) days of the date of placement, a qualified individual shall conduct a placement assessment and prepare a written assessment report. The qualified individual shall:

(a) Assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool;

(b) Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, the specialized setting that will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as set forth in the case plan or permanency plan currently in effect;

(c) Develop a list of child-specific short-term and long-term mental and behavioral health goals;

(d) Work in conjunction with the family of, and the permanency team for, the child while conducting the assessment; and

(e) Prepare an assessment specifying:

(i) Why the needs of the child cannot be met by the family of the child or in a foster home; and

(ii) Why the recommended placement in a qualified residential treatment program is the setting that will provide the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as set forth in the case plan or the permanency plan currently in effect.

(3) The department shall prepare a written case plan for the child or amend the case plan if it has been previously ordered by the court and shall include the assessment report of the qualified individual.

(4) Within sixty (60) days of the start of each placement in a qualified residential treatment program, the court shall:

(a) Consider the assessment, determination, and documentation made by the qualified individual;

(b) Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and

(c) Approve or disapprove the placement.

(5) The assessment by the qualified individual and the court's determination to approve or disapprove the placement in a qualified residential treatment program shall be made part of the case plan for the child. If the court approves the placement in a qualified residential treatment program, the court shall order the amended case plan for the child.

History:

[16-1619A, added 2021, ch. 281, sec. 4, p. 843.]
Idaho Code § 16-107 — Idaho Code / Title 16 / Chapter 1 / Section 16-107
16-107 RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND WELFARE.
Status: in_force

16-107. Responsibilities of the department of health and welfare. The department of health and welfare, as the lead agency for administration of the provisions of this chapter, shall have primary responsibility for:

(a) The administration of all funds appropriated to implement the provisions of this chapter;

(b) The identification and coordination of all available financial resources within the state from federal, state, local and private sources;

(c) The entry into formal intra-agency and interagency agreements with other agencies involved in early intervention services. The agreement(s) must include programmatic and financial responsibility, procedures for resolving disputes and additional components necessary to ensure effective cooperation and coordination among all agencies involved in the state's early intervention system. Agreements are to include statements addressing nonsubstitution or commingling of funds, interim payments and reimbursements, nonreduction of benefits and confidentiality. Agreements are to be signed by the administrators of:

(i) title V, social security act (relating to maternal and child health);

(ii) title XIX, social security act (relating to medicaid and EPSDT);

(iii) the head start act;

(iv) parts B and H of the individuals with disabilities education act;

(v) subpart 2, part B, chapter I of title I of elementary and secondary education act, 1964, as amended;

(vi) the developmentally disabled assistance and bill of rights act (PL100-146);

(vii) other federal programs.

(d) The entry into contracts with service provider agencies within a local community which have been identified by the regional committee;

(e) The development of procedures to monitor services that are provided to infants and toddlers with disabilities and their families;

(f) The development of procedures to ensure that services are provided to infants and toddlers with disabilities and their families in a timely manner pending resolution of any disputes among public agencies or service providers;

(g) The writing of all policy and procedures and administrative rules in conjunction with the council which are necessary for implementation of the provisions of this chapter;

(h) Providing staff and services as may be necessary to carry out the functions of the interagency coordinating council.

History:

[16-107, added 1991, ch. 253, sec. 1, p. 626.]
Idaho Code § 16-1639 — Idaho Code / Title 16 / Chapter 16 / Section 16-1639
16-1639 GUARDIAN AD LITEM GRANTS.
Status: in_force

16-1639. Guardian ad litem grants. The grant administrator is hereby authorized and directed to award and administer grants from the money which shall be from time to time available to the grant administrator from the guardian ad litem account. The foregoing power and authorization shall be subject to requirements imposed by the supreme court and the following provisions:

(1) Grants may be made available to any person, organization, corporation, or agency for any of the following purposes:

(a) To enable such entity to act as the guardian ad litem coordinator in any judicial district.

(b) To enable such entity to recruit, organize and administer a panel of guardians ad litem and volunteer lawyers to represent guardians ad litem.

(c) To enable such entity to recruit, organize, train and support persons or entities to act as guardian ad litem coordinators in judicial districts which do not yet have guardian ad litem coordinators.

(d) To enable such entity to pay the administrative and other miscellaneous expenses incurred in carrying out the provisions of the guardian ad litem program.

(2) The grant administrator shall endeavor in allocating available funds to foster the development and operation of a guardian ad litem program in each judicial district in the state; provided, however, the grant administrator shall have no obligation to seek out or organize guardian ad litem coordinators or persons willing to act as such in judicial districts lacking a guardian ad litem coordinator.

(3) Funds available to the grant administrator from the guardian ad litem account may be also used to pay the grant administrator's cost of performing its duties and obligations pursuant to this chapter.

History:

[(16-1639) 16-1637, added 1989, ch. 281, sec. 11, p. 691; am. and redesig. 2005, ch. 391, sec. 41, p. 1294; am. 2007, ch. 26, sec. 4, p. 53.]
Idaho Code § 16-2417 — Idaho Code / Title 16 / Chapter 24 / Section 16-2417
16-2417 HEARING ON THE ONE HUNDRED TWENTY DAY INVOLUNTARY TREATMENT ORDER.
Status: in_force

16-2417. Hearing on the one hundred twenty day involuntary treatment order. (1) Every child for whom a petition for involuntary treatment has been filed, shall be notified by the court sufficiently in advance to be able to prepare for the hearing and shall receive a prompt hearing. For children confined for emergency psychiatric evaluation or currently under voluntary admission, this hearing shall take place within three (3) business days of the filing of the petition.

(2) The child shall be present at the hearing unless the court finds:

(a) That he has knowingly and voluntarily waived such a right after consulting with counsel, and his counsel shall submit a verified written statement to the court explaining the attorney's understanding of the child's intent; or

(b) That because his behavior at the hearing is so disruptive, it cannot reasonably continue in his presence.

Hearings may be held in the treatment facility whenever the child is an inpatient at the time of the hearing.

(3) Any child who is unable to pay for counsel shall have the right to be provided with counsel at public expense to prepare for and represent him at the hearings.

(4) The prosecuting attorney shall represent the interests of the state at the hearing.

(5) The Idaho rules of evidence and the Idaho rules of civil procedure shall be applied so as to facilitate informal, efficient presentation of all relevant, probative evidence and resolution of issues with due regard to the interests of all parties.

(6) The child shall have the right:

(a) To be represented by counsel;

(b) To present evidence, including testimony of a mental health professional of his own choosing;

(c) To cross-examine witnesses;

(d) To a complete record of the proceedings;

(e) To an expeditious appeal of an adverse ruling.

(7) At the conclusion of the hearing, or within one (1) business day thereafter, the court shall make its findings.

(8) The court shall enter an order discharging the child unless it finds by clear and convincing evidence that the child satisfies all criteria for involuntary treatment in section 16-2418, Idaho Code, in which event it shall enter an involuntary treatment order as provided in section 16-2416, Idaho Code, for evaluation and treatment for a period of no longer than one hundred twenty (120) days.

(9) If at any time during a one hundred twenty (120) day (or any subsequent) period of involuntary treatment, a child is absent without permission, the involuntary treatment order constitutes a continuing authorization and responsibility to the treatment facility and to any law enforcement officer to procure his return.

History:

[16-2417, added 1997, ch. 404, sec. 1, p. 1291.]
Idaho Code § 16-1649 — Idaho Code / Title 16 / Chapter 16 / Section 16-1649
16-1649 NOTIFICATION OF RIGHTS.
Status: in_force

16-1649. notification of rights. (1) When the department, in accordance with this chapter, commences an investigation after having received information that a child may be abused, neglected, or abandoned and in the course of such investigation contacts, directly and in person, the parents, guardians, or any persons having legal custody of the child, then the department shall notify such parents, guardians, or persons that they have the right to:

(a) Refuse to answer questions;

(b) Obtain an attorney at their own expense, consult with such attorney, and have such attorney present during an investigation; provided, however, that the department is not authorized to appoint or obtain an attorney for such parents, guardians, or persons;

(c) Refuse entry to their home or other real property; and

(d) Refuse the questioning of any minor children in their home or on their property, unless there is an order issued by a court of competent jurisdiction authorizing a particular entry or particular questioning or examination.

(2) The notification required by subsection (1) of this section shall be made in writing at the time of or within seventy-two (72) hours after the department makes the first contact directly and in person with the parents, guardians, or other persons having legal custody of the child.

(3) A parent, guardian, or other person having legal custody of the child may expressly assert the rights provided in this section.

(4) The notification required by subsection (1) of this section shall be made in writing on a form prescribed by the department. Such notification shall state that if the safety of the child cannot be determined, the department may request assistance from a law enforcement agency or seek a court order.

(5) Failure by the department to provide the notification required by this section in a specific investigation shall not affect the department's ability to conduct such investigation or to carry out the department's duties as provided in this chapter.

History:

[(16-1649) 16-1648, added 2024, ch. 64, sec. 1, p. 328; am. and redesig. 2025, ch. 211, sec. 8, p. 975.]
Idaho Code § 16-1627 — Idaho Code / Title 16 / Chapter 16 / Section 16-1627
16-1627 AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT.
Status: in_force

16-1627. Authorization of emergency medical treatment. (1) At any time whether or not a child is under the authority of the court, the court may authorize medical or surgical care for a child when:

(a) A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case; or

(b) A physician informs the court orally or in writing that in his professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent.

(2) If time allows in a situation under subsection (1)(b) of this section, the court shall cause every effort to be made to grant each of the parents or legal guardian or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child's life.

(3) In making its order under subsection (1) of this section, the court shall take into consideration any treatment being given the child by prayer through spiritual means alone, if the child or his parent, guardian or legal custodian are adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical treatment.

(4) After entering any authorization under subsection (1) of this section, the court shall reduce the circumstances, finding and authorization to writing and enter it in the records of the court and shall cause a copy of the authorization to be given to the physician or hospital, or both, that was involved.

(5) Oral authorization by the court is sufficient for care or treatment to be given by and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under the direction of such physician or hospital shall be subject to criminal or civil liability for performance of care or treatment in reliance on the court's authorization, and any function performed thereunder shall be regarded as if it were performed with the child's and the parent's authorization.

History:

[(16-1627) 16-1616, added 1976, ch. 204, sec. 2, p. 742; am. 1996, ch. 272, sec. 12, p. 894; am. and redesig. 2005, ch. 391, sec. 29, p. 1287.]
Idaho Code § 16-2415 — Idaho Code / Title 16 / Chapter 24 / Section 16-2415
16-2415 DISPOSITIONAL AUTHORITY.
Status: in_force

16-2415. Dispositional authority. (1) Whenever the involuntary treatment of the child requires payment from public funds, other than medicaid funds, the department, or other funding agency shall have the authority to determine the placement for the child and to make decisions concerning the purchase and provision of mental health services, consistent with the plan of treatment approved by the court.

(2) When the cost of the child's treatment can be paid from private sources or by medicaid, the parent shall have the authority to determine the child's placement and services, consistent with the plan of treatment approved by the court.

(3) All expenditures under the medicaid program shall be governed by the laws and rules applicable to that program.

(4) The department shall issue a disposition order within two (2) days of the order for involuntary treatment.

History:

[16-2415, added 1997, ch. 404, sec. 1, p. 1290; am. 2005, ch. 307, sec. 3, p. 957.]
Idaho Code § 16-1614 — Idaho Code / Title 16 / Chapter 16 / Section 16-1614
16-1614 APPOINTMENT OF GUARDIAN AD LITEM, COUNSEL FOR GUARDIAN AD LITEM, COUNSEL FOR CHILD.
Status: in_force

16-1614. appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child. (1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child.

(2) In any proceeding under this chapter for a child twelve (12) years of age or older, the court:

(a) Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or

(b) Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel.

(3) Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.

(4)(a) The legislature finds that guardian ad litem representation has been addressed differently throughout the state, with some counties providing representation through their public defense office or public defense contracts, or in other areas of the state with pro bono representation. The legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office's mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed. It is not the intent of the legislature to disrupt, terminate, or otherwise inhibit any pro bono programs that now exist or may hereinafter be created to provide counsel for guardians ad litem.

(b) Counsel appointed for a guardian ad litem shall first come from volunteer attorneys willing to represent the guardian ad litem pro bono unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. Absent available volunteer pro bono counsel, attorneys for the guardian ad litem shall be paid by the county, and the county shall be reimbursed for the actual, verified costs of guardian ad litem representation the county incurred from the attorney costs for guardian ad litem account, as established in section 57-828, Idaho Code, by submitting a request to the office of the state public defender.

History:

[(16-1614) 16-1618, added 1976, ch. 204, sec. 2, p. 743; am. 1982, ch. 186, sec. 17, p. 500; am. 1985, ch. 177, sec. 1, p. 459; am. 1989, ch. 281, sec. 2, p. 687; am. 2001, ch. 107, sec. 18, p. 368; am. and redesig. 2005, ch. 391, sec. 16, p. 1278; am. 2013, ch. 221, sec. 1, p. 521; am. 2024, ch. 270, sec. 1, p. 936.]
Idaho Code § 16-1604 — Idaho Code / Title 16 / Chapter 16 / Section 16-1604
16-1604 RETENTION OF JURISDICTION.
Status: in_force

16-1604. Retention of jurisdiction. (1) Jurisdiction obtained by the court under this chapter shall be retained until the child's eighteenth birthday, unless terminated prior thereto or extended by the court pursuant to section 16-1622(5), Idaho Code. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare.

(2) The parties have an ongoing duty to inquire concerning, and inform the court as soon as possible about, any other pending actions or current orders involving the child. In the event there are conflicting orders from Idaho courts concerning the child, the child protection order is controlling.

History:

[I.C., sec. 16-1604, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 4, p. 494; am. 1989, ch. 218, sec. 1, p. 527; am. 2001, ch. 107, sec. 4, p. 356; am. 2021, ch. 281, sec. 2, p. 840.]
Idaho Code § 16-2404 — Idaho Code / Title 16 / Chapter 24 / Section 16-2404
16-2404 COMMUNITY SERVICES AND SUPPORTS AND INTERAGENCY COLLABORATION.
Status: in_force

16-2404. Community services and supports and interagency collaboration. (1) Lead agency. The department of health and welfare shall be the lead agency in establishing and coordinating community supports, services and treatment for children with serious emotional disturbance and their families, utilizing public and private resources available in the child's community. Such resources shall be utilized to provide services consistent with the least restrictive alternative principle, to assist the child's family to care for the child in his home and community whenever possible. The state department of education shall be the lead agency for educational services.

(2) Planning. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, and local school districts shall collaborate and cooperate in planning and developing comprehensive mental health services and individual treatment and service plans for children with serious emotional disturbance making the best use of public and private resources to provide or obtain needed services and treatment.

(3) Teens at risk. The department of health and welfare, the state department of education, the department of juvenile corrections, counties, courts and local school districts may collaborate and cooperate in planning and developing mental health counseling, substance abuse treatment and recovery support services and individual service plans for teens at risk.

(4) Contracting. The department of health and welfare shall also have the authority to enter into contracts with school districts to provide teen early intervention specialists as provided for in section 16-2404A, Idaho Code.

History:

[16-2404, added 1997, ch. 404, sec. 1, p. 1285; am. 2007, ch. 309, sec. 2, p. 872.]
Idaho Code § 16-1503 — Idaho Code / Title 16 / Chapter 15 / Section 16-1503
16-1503 CONSENT OF HUSBAND AND WIFE NECESSARY.
Status: in_force

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

History:

[(16-1503) 1879, p. 8, sec. 3; R.S., sec. 2547; reen. R.C. & C.L., sec. 2702; C.S., sec. 4684; I.C.A., sec. 31-1103.]
Idaho Code § 16-106 — Idaho Code / Title 16 / Chapter 1 / Section 16-106
16-106 DUTIES OF COORDINATING COUNCIL.
Status: in_force

16-106. Duties of coordinating council. (1) The council shall have the following authority, duties and responsibilities, and such other functions as may be assigned by executive order:

(a) To assist the lead agency and all other appropriate agencies in ensuring the joint development and maintenance of a statewide system of coordinated, comprehensive, multidisciplinary, interagency programs providing early intervention services to all infants and toddlers with disabilities and their families. Such system shall include the following minimum components:

(i) a definition of child and family eligibility under this program;

(ii) a central directory, accessible to the general public;

(iii) a public awareness program;

(iv) a child find program consistent with the individuals with disabilities education act which identifies infants and toddlers with disabilities and other risk factors;

(v) a comprehensive, multidisciplinary evaluation for each referred child;

(vi) a program of personnel development;

(vii) standards and certification necessary to assure qualified personnel;

(viii) family education and participation throughout the early intervention system;

(ix) a statewide data collection system for monitoring and evaluating the early intervention system. The system shall meet federal requirements;

(x) an individualized family services plan for each eligible child and family who chooses to participate in the program;

(xi) procedural safeguards that meet the requirements in section 16-110, Idaho Code.

(b) To assist the lead agency and all other appropriate agencies to ensure:

(i) adoption of uniform or compatible administrative rules dealing with early intervention services;

(ii) reasonable transition between and among the participating agencies;

(iii) available funds under the provisions of this chapter are shared by the participating agencies in a manner that enables the optimum provision of necessary services for the child and the family;

(iv) uniformity of program and health and safety standards; and

(v) program policies dealing with infants and toddlers with disabilities and their families reflect the policy priorities of the council.

(c) To participate with the lead agency in the implementation of time lines for a statewide, comprehensive, coordinated, interagency system of early intervention services;

(d) To prepare and submit periodic reports no less than annually to the governor, legislature and the lead agency on the status of early intervention programs for infants and toddlers with disabilities and their families with recommendations for timely corrective action as needed;

(e) To develop a public awareness program focusing on early identification of infants and toddlers with disabilities;

(f) To participate with the lead agency and other appropriate agencies in the development, maintenance, evaluation, and revision of program, health and safety standards;

(g) To conduct public hearings and community needs assessments for the purpose of developing the state plan and applications for funding.

(2) No member of the council shall cast a vote on any matter which would provide direct financial benefit to that member or otherwise give the appearance of a conflict of interest.

History:

[16-106, added 1991, ch. 253, sec. 1, p. 624.]
Idaho Code § 16-109 — Idaho Code / Title 16 / Chapter 1 / Section 16-109
16-109 INDIVIDUALIZED FAMILY SERVICE PLAN.
Status: in_force

16-109. Individualized family service plan. (1) Infants and toddlers receiving early intervention services and their families shall receive the following:

(a) A comprehensive multidisciplinary evaluation of the strengths and needs of the infant or toddler and the family, and the identification of services to meet such needs;

(b) An explanation of the multidisciplinary evaluation and all service options in the family's native language or through an interpreter, if necessary; and

(c) A written individualized family service plan developed by a multidisciplinary team with the parents as fully participating members of the team.

(2) The individualized family service plan shall be developed within a reasonable time following the completed evaluation required in subsection (1) of this section. With the parent's consent, development of an interim individualized family service plan and compliance with evaluation timelines, early intervention services may commence prior to the completion of such assessment.

(3) The individualized family service plan shall be in writing and a copy of the plan shall be made available to the family, and in the family's native language when appropriate and necessary to ensure understanding, and shall contain the following:

(a) A statement of the infant's or toddler's present levels of physical development, cognitive development, communication, language and speech development, psychosocial development, sensory impairment and self-help skills based on objective criteria;

(b) A statement of the family's strengths and needs related to enhancing the development of the infant or toddler with disabilities, developed with concurrence of the family;

(c) A statement of the goals and objectives expected to be achieved for the infant or toddler and the family, including the criteria, procedures, and time lines used to determine the degree to which progress toward achieving the outcomes is being made, and whether modifications or revisions of the outcomes or services are necessary;

(d) A statement of specific early intervention services necessary to meet the individual needs of the infant or toddler with disabilities and the family; such statement should include the frequency, intensity and the method of delivering these services;

(e) A statement of the health status, and medical needs of the infant or toddler and family to support the development of the child, and the names of the health care providers;

(f) The projected dates for initiation of services and the anticipated duration of such services;

(g) The name of the case manager who will be responsible for the implementation of the plan and coordination with other agencies and persons; and

(h) The steps to be taken in supporting the transition of the infant or toddler to other services.

(4) The individualized family service plan shall serve as the singular comprehensive service plan for all agencies involved in providing early intervention services to the infant or toddler and the family.

(5) The individualized family service plan shall be evaluated once a year and the family shall be provided a review of the plan at six (6) months intervals or more frequently where appropriate based on the needs of the infant or toddler and the family.

History:

[16-109, added 1991, ch. 253, sec. 1, p. 627.]
Idaho Code § 16-2428 — Idaho Code / Title 16 / Chapter 24 / Section 16-2428
16-2428 CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
Status: in_force

16-2428. Confidentiality and disclosure of information. All certificates, applications, records, and reports directly or indirectly identifying a patient or former patient or an individual whose involuntary treatment has been sought under this chapter shall be kept confidential and shall not be disclosed by any person except with the consent of the person identified or his legal guardian, if any, or as disclosure may be necessary to carry out any of the provisions of this chapter, or as a court may direct upon its determination that disclosure is necessary and that failure to make such disclosure would be contrary to public interest.

(1) No person in possession of confidential statements made by a child over the age of fourteen (14) years in the course of treatment may disclose such information to the child's parent or others without the written permission of the child, unless such disclosure is necessary to obtain insurance coverage, to carry out the treatment plan or to prevent harm to the child or others, or unless authorized to disclose such information by order of a court.

(2) The child has the right of access to information regarding his treatment and has the right to have copies of information and to submit clarifying or correcting statements and other documentation of reasonable length for inclusion with his treatment record.

(3) Nothing in this section shall prohibit the denial of access to records by a child when a physician or other mental health professional believes and notes in the child's medical records that the disclosure would be damaging to the child. In any case, the child has the right to petition the court for an order granting access.

(4) Access to records by the state protection and advocacy system shall be governed by 42 U.S.C. 10801 et seq., as amended.
Idaho Code § 16-1632 — Idaho Code / Title 16 / Chapter 16 / Section 16-1632
16-1632 GUARDIAN AD LITEM COORDINATOR — DUTIES — ANNUAL REPORT.
Status: in_force

16-1632. Guardian ad litem coordinator — Duties — Annual report. (1) Under rules, policies and procedures adopted by the Idaho supreme court which may include, but are not limited to, provisions establishing fiscal controls and requiring compliance with all or part of the standards adopted by the national court appointed special advocate association, the persons or entities receiving moneys from the grant administrator to coordinate a guardian ad litem program in a judicial district may be required by the terms of the grant to perform any or all of the following duties:

(a) To establish, maintain and coordinate a districtwide guardian ad litem program consistent with the provisions of this chapter;

(b) To furnish the necessary administrative and staffing services as may from time to time be required;

(c) To act as a coordinator for the purpose of providing guardians ad litem for children brought within the purview of this chapter;

(d) To seek to have each child brought within the purview of this chapter available to him a guardian ad litem throughout each stage of any child protective proceeding;

(e) To establish a program for attorneys to represent guardians ad litem, whether or not appointed by the court in conjunction with the local, districtwide, and state bar associations;

(f) To the extent possible to establish a districtwide program to recruit volunteer guardians ad litem sufficient to provide services in each county of the judicial district;

(g) In conjunction with the department, prosecuting attorneys and city and county law enforcement officials, mental health professionals, social workers, school counselors and the medical community, the coordinators may assist in the development and implementation of a statewide uniform protocol for the investigation of allegations of abuse, neglect or abandonment pursuant to the provisions of this chapter;

(h) To develop uniform criteria to screen, select, train and remove guardians ad litem;

(i) To establish a priority list of those proceedings under this chapter in which a guardian ad litem shall be appointed in districts where there are insufficient numbers of guardians ad litem.

(2) Each guardian ad litem coordinator shall submit an annual report for the preceding fiscal year to the grant administrator for delivery to the legislature no later than ten (10) days following the start of each regular session. Such report shall contain the number and type of proceedings filed in the district under this chapter, the number of children subject to proceedings in the district under this chapter and the number of appointed guardians ad litem, the nature of services the guardians ad litem provided, the number of guardians ad litem trained in each district, the number of hours of service provided by guardians ad litem and attorneys and a complete financial statement for the past year and financial support requirements for the next fiscal year.

(3) The coordinators and staff members of any guardian ad litem program receiving moneys from the grant administrator, and any persons volunteering to serve as guardians ad litem in such programs, 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 of the state of Idaho with a copy going to the applicant.

History:

[(16-1632) 16-1630, added 1989, ch. 281, sec. 4, p. 687; am. and redesig. 2005, ch. 391, sec. 34, p. 1290; am. 2007, ch. 26, sec. 2, p. 52.]
Idaho Code § 16-2013 — Idaho Code / Title 16 / Chapter 20 / Section 16-2013
16-2013 RECORDS.
Status: in_force

16-2013. Records. The files and records of the court in any proceedings had under this act shall be kept in a separate locked file and shall be withheld from public inspection, but shall be open to inspection on special order of the court by persons having a legitimate interest in the case and their attorneys, and by an authorized agency to which legal custody of the child has been transferred. As used in this section, the words "files and records" include the court docket and entries therein, the petitions and other papers filed in any case, transcripts of testimony taken by the court, and findings, orders, and decrees, and other writings filed in proceedings before the court, other than social records. Social records shall be withheld from public inspection except that information from such records may be furnished to persons and agencies having a legitimate interest in the protection, welfare and treatment of the child, in such manner as the court determines. As used in this section, the words "social records" include the social service records of the court, the investigation and reports referred to in Section 16-2008, and related papers and correspondence, including medical, psychological and psychiatric studies and reports, either in the possession of the court or authorized agency.

No person shall be entitled to make copies of such files and records or social records or parts thereof unless the court so orders. It shall be unlawful, except for purposes for which files and records or social records or parts thereof or information therefrom have been released pursuant to this section, or except for purposes permitted by special order of the court, for any person to disclose, receive, or make use of, or authorize, knowingly permit, participate in, or acquiesce in the use of any information concerning any person before the court directly or indirectly derived from the files and records or communications of the court, or social records, or acquired in the course of the performance of official duties. Any person who shall disclose information in violation of the provisions of this section shall be guilty of a misdemeanor.

History:

[16-2013, added 1963, ch. 145, sec. 13, p. 420.]