reglab/housing_qa huggingface dataset:
ID Code § 32-1604 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1604 - CONTENT OF ASSET WITHHOLDING ORDER.

32-1604. CONTENT OF ASSET WITHHOLDING ORDER. An asset withholding order shall contain: (1) The name of the obligor and any known co-owner or multiple party account holder; (2) The address of the obligor as listed in the department’s records; (3) The account number or other means of identifying the asset subject to the withholding order; (4) The amount of arrears owed by the obligor; (5) Other information as determined by the department.  History: [32-1604, added 2004, ch. 213, sec. 2, p. 643.]
ID Code § 32-1605 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1605 - RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER.

32-1605. RECEIPT AND ACCEPTANCE OF ASSET WITHHOLDING ORDER. (1) When an asset withholding order is received by a financial institution pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. Financial institutions shall accept the asset withholding order at any office of the financial institution located in this state, or at a particular office in this state or another state designated by the financial institution for the service of attachment, execution and garnishment papers pursuant to section 11-703(2), Idaho Code. If the financial institution has designated a particular office for service of attachment, execution and garnishment papers pursuant to section 11-703(2), Idaho Code, and the asset withholding order is received by another office of the financial institution, it is within the discretion of the financial institution to accept the order and promptly forward the order to the designated office; not accept the order and promptly forward the order to the designated office; or promptly return it to the department. If a financial institution has chosen to accept the order at a nondesignated office, the financial institution’s duties pursuant to section 32-1608(1), Idaho Code, shall be effective upon acceptance at that office, and the time periods for the financial institution’s duties pursuant to subsections (2) and (3) of section 32-1608, Idaho Code, shall begin to run upon receipt of the order at the designated office. (2) Unless otherwise notified by the department pursuant to this chapter, the financial institution shall release the asset to the obligor on the seventy-sixth day after the financial institution receives the asset withholding order. (3) The department shall provide the financial institution with copies of the order and notice required by section 32-1607, Idaho Code, to forward to the obligor and any co-owner.  History: [32-1605, added 2004, ch. 213, sec. 2, p. 643; am. 2017, ch. 303, sec. 11, p. 815.]
ID Code § 32-1606 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1606 - DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION.

32-1606. DELIVERY OF AN ASSET WITHHOLDING ORDER AND ACCEPTANCE OF JURISDICTION. (1) A financial institution shall accept an asset withholding order by any form of U.S. mail, commercial mail, delivery service, by facsimile or other electronic form of correspondence. If the asset withholding order is delivered electronically, the effective date shall be the date the electronic copy is received. An additional copy of the order shall also be sent to the financial institution by regular mail. (2) If the financial institution elects to designate an out-of-state office to accept or process an asset withholding order, such election shall act as a waiver of any claim of defect in jurisdiction.  History: [32-1606, added 2004, ch. 213, sec. 2, p. 644.]
ID Code § 32-1607 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1607 - NOTICE.

32-1607. NOTICE. Upon the issuance of an asset withholding order to the financial institution, the department shall, within one (1) business day, send to the obligor by certified mail, at the last known address in the department’s records, a copy of the asset withholding order and a notice containing the following: (1) The obligor’s and/or the co-owner’s right to a hearing; (2) The request for a hearing must be in writing and received by the department within fourteen (14) days after the date of mailing the notice; (3) That the asset subject to the withholding order will be applied to the arrears unless a timely request for hearing is made; (4) That the asset will be released by the department if the obligor pays the arrears and the current support obligation in full; and (5) The grounds to contest the asset withholding order: (a) The amount of arrears; (b) The validity of the order; (c) The extent of the obligor’s interest in the asset; and (d) The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.  History: [32-1607, added 2004, ch. 213, sec. 2, p. 644.]
ID Code § 32-1608 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1608 - DUTIES OF THE FINANCIAL INSTITUTION.

32-1608. DUTIES OF THE FINANCIAL INSTITUTION. (1) Upon receipt or acceptance of an asset withholding order issued by the department pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. The financial institution shall honor the terms of the account of the said asset, except when the terms conflict with compliance with this chapter. The financial institution shall freeze, release or surrender the asset as provided in this chapter. (2) The financial institution shall be required to mail, within two (2) business days, copies of the asset withholding order and notice, provided by the department pursuant to section 32-1605(3), Idaho Code, to the obligor and to each co-owner, based on the records of the financial institution. A fee not to exceed five dollars ($5.00) per mailing may be assessed by the financial institution for sending the required copies of the documents. The fee can be withheld in addition to the amount ordered withheld. If funds are inadequate to cover the amount of the asset withholding order and the fees, the fees may be withheld from the asset before the remaining balance is applied to the withholding order. (3) The financial institution shall complete and return to the department any asset verification form provided by the department within fourteen (14) days from the date of receipt of the asset verification form. (4) Upon notification by the department that the obligor has not filed a request for hearing within the allowed time, the financial institution will release the asset promptly to the department by sending the funds to the department.  History: [32-1608, added 2004, ch. 213, sec. 2, p. 645.]
ID Code § 32-1609 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1609 - NO REQUEST FOR HEARING.

32-1609. NO REQUEST FOR HEARING. If the obligor or a co-owner has not filed a request for hearing within fourteen (14) days after the date the department mailed the notice to the obligor, the department shall notify the financial institution and the financial institution shall promptly surrender the amount of the asset that has been frozen to the department. The department shall apply this amount to the obligor’s arrears.  History: [32-1609, added 2004, ch. 213, sec. 2, p. 645.]
ID Code § 32-1610 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1610 - HEARING TO CONTEST ASSET WITHHOLDING.

32-1610. HEARING TO CONTEST ASSET WITHHOLDING. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the department shall notify the financial institution that it must continue to hold the asset until an order is issued and the department provides instructions for the disposition of the asset pursuant to section 32-1612, Idaho Code. (2) The department will hold an administrative hearing within thirty (30) days from the day the department receives the request for hearing.  History: [32-1610, added 2004, ch. 213, sec. 2, p. 645.]
ID Code § 32-1611 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1611 - BASIS TO CONTEST THE ASSET WITHHOLDING ORDER.

32-1611. BASIS TO CONTEST THE ASSET WITHHOLDING ORDER. The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues: (1) The amount of the arrears; (2) The validity of the order; (3) The extent of the obligor’s interest in the asset; or (4) The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code. Issues that have been previously adjudicated may not be contested.  History: [32-1611, added 2004, ch. 213, sec. 2, p. 646.]
ID Code § 32-1612 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1612 - ORDER FROM HEARING.

32-1612. ORDER FROM HEARING. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code. (2) The department shall notify the financial institution in writing, within two (2) business days after the receipt of the order, as to the outcome of the hearing, and provide instructions to the financial institution as to the disposition of the asset that has been frozen.  History: [32-1612, added 2004, ch. 213, sec. 2, p. 646.]
ID Code § 32-1613 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1613 - DEFAULT.

32-1613. DEFAULT. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of any subsequent order shall be entered pursuant to the department’s rules governing contested case proceedings. (2) The department shall notify the financial institution in writing, within two (2) business days after the receipt of the default order, and provide instructions to the financial institution as to the disposition of the asset that has been frozen.  History: [32-1613, added 2004, ch. 213, sec. 2, p. 646.]
ID Code § 32-1614 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS|Section 32-1614 - LIABILITY OF FINANCIAL INSTITUTION.

32-1614. LIABILITY OF FINANCIAL INSTITUTION. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withholding funds, freezing assets, turning over assets or otherwise complying or attempting to comply with the provisions of this chapter or for disclosing any information to a state child support enforcement agency pursuant to this chapter. A financial institution shall not be required to give notice to any owner or co-owner of the financial institution concerning whom the financial institution has provided information pursuant to the data match process. The state child support enforcement agency which obtains information from any financial institution may disclose such information only for the purpose of, and to the extent necessary to establish, modify or enforce a support obligation of an obligor.  History: [32-1614, added 2004, ch. 213, sec. 2, p. 646.]
ID Code § 32-1701 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 17 - DE FACTO CUSTODIAN ACT|Section 32-1701 - SHORT TITLE.

32-1701. SHORT TITLE. This chapter may be known and cited as the "De Facto Custodian Act."  History: [32-1701, added 2010, ch. 236, sec. 1, p. 609.]
ID Code § 32-1702 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 17 - DE FACTO CUSTODIAN ACT|Section 32-1702 - PURPOSE.

32-1702. PURPOSE. The purpose of this act is to: (1) Give constitutionally required deference to the decisions of fit parents in custody actions brought by third parties; (2) Subject to such constitutionally required deference, meet the needs of children for caring and stable homes by providing a flexible method by which a third party who has cared for and supported a child may obtain legal and physical custody of the child where such custody is in the child’s best interests.  History: [32-1702, added 2010, ch. 236, sec. 1, p. 609.]
ID Code § 32-1703 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 17 - DE FACTO CUSTODIAN ACT|Section 32-1703 - DE FACTO CUSTODIANS.

32-1703. DE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who:  (a) Is related to a child within the third degree of consanguinity; and (b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of: (i) Six (6) months or more if the child is under three (3) years of age; or (ii) One (1) year or more if the child is three (3) years of age or older. (c) For purposes of the definition in this section, "lack of demonstrated consistent participation" by a parent means refusal or failure to comply with the duties imposed upon the parent by the parent-child relationship. When determining a "lack of demonstrated consistent participation," the court may consider parent involvement in providing the child necessary food, clothing, shelter, health care and education and in creating a nurturing and consistent relationship for the child’s physical, mental or emotional health and development. (2) In determining if a petitioner or intervenor is a de facto custodian for the child, the court shall also take into consideration whether the child is currently residing with the petitioner or intervenor and, if not, the length of time since the child resided with the petitioner or intervenor. (3) Any period of time after the filing of a petition pursuant to this chapter shall not be included in determining whether the child has resided with the individual for the time period as provided in subsection (1) of this section. (4) An individual shall not be deemed a de facto custodian if a child has resided with the individual because: (a) The child was placed in the individual’s care through a court order or voluntary placement agreement under title 16, Idaho Code; or (b) The individual is or was cohabiting with, or is or was married to, a parent of the child.  History: [32-1703, added 2010, ch. 236, sec. 1, p. 609.]
ID Code § 32-1705 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 17 - DE FACTO CUSTODIAN ACT|Section 32-1705 - NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP.

32-1705. NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP. (1) A court may enter an order granting a de facto custodian sole or joint legal and/or physical custody as defined in section 32-717B(1), (2) and (3), Idaho Code, in the same manner as it would grant such custody to a parent. (2) An order granting custody to a de facto custodian is subject to the continuing jurisdiction of the court and is modifiable in the same manner as an order establishing parental custody pursuant to section 32-717, Idaho Code, or a similar provision. (3) A de facto custodian who has been granted sole or joint legal custody of a child shall have access to records pertaining to the child who is the subject of the de facto custodianship to the same extent as a parent would have such access pursuant to an order of legal custody. (4) Any party to the proceeding granting custody to a de facto custodian may move for the termination of the custody order. A de facto custodian may move for permission to resign as de facto custodian. (a) A party moving for termination of the de facto custodian-child relationship must show by a preponderance of the evidence that termination of the relationship would be in the best interests of the child. (b) A motion for termination or for resignation may, but need not, include a proposal for the continuing custody of the child. (c) After notice and hearing on a motion for termination or resignation, the court may terminate the custody of the de facto custodian and may make any further orders that may be appropriate in the best interests of the child.  History: [32-1705, added 2010, ch. 236, sec. 1, p. 611.]
ID Code § 32-1801 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1801 - DELEGATION OF PARENTAL POWERS.

32-1801. DELEGATION OF PARENTAL POWERS. (1) A parent or legal guardian of a child, by a properly executed power of attorney, may temporarily delegate to another person, named in the instrument as the temporary caregiver, any of the traditional parental rights and responsibilities regarding care and custody of the child except for: (a) Consent for the child to marry;  (b) Consent for an abortion or inducement of an abortion to be performed on or for the child; or  (c) The termination of parental rights to the child. (2) A temporary caregiver properly appointed pursuant to this chapter and in compliance with this chapter is not subject to any statutes regarding the licensing or regulation of foster care homes or other child care facility licensing statutes, and the appointment of a temporary caregiver pursuant to this chapter does not constitute an out-of-home child placement. (3) The child or children subject to the power of attorney established pursuant to this section will not be considered placed in foster care, and the parties involved in the power of attorney established pursuant to this section are not subject to any requirements, monitoring, or other regulation for foster care or community care solely because of the execution of an instrument authorized pursuant to this section. (4) A delegation of parental rights and responsibilities made pursuant to this section may last for up to six (6) months.  History: [32-1801, added 2021, ch. 269, sec. 1, p. 818.]
ID Code § 32-1802 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1802 - RETENTION OF PARENTAL RIGHTS.

32-1802. RETENTION OF PARENTAL RIGHTS. (1) A temporary delegation of rights and responsibilities under this chapter does not:  (a) Operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order; (b) Deprive the parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or (c) Constitute child abuse, neglect, or placement in foster care.  (2) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by section 32-1801, Idaho Code, at any time.  (3) Upon the termination, withdrawal, or revocation of the power of attorney established by section 32-1801, Idaho Code, the child will be returned to the custody of the parent or legal guardian no later than forty-eight (48) hours after such termination, withdrawal, or revocation.  History: [32-1802, added 2021, ch. 269, sec. 1, p. 818.]
ID Code § 32-1803 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1803 - REIMBURSEMENT OF TEMPORARY CAREGIVER.

32-1803. REIMBURSEMENT OF TEMPORARY CAREGIVER. A temporary caregiver appointed pursuant to section 32-1801, Idaho Code, shall not receive financial payment other than reimbursement for actual expenses arising from the care of the child.  History: [32-1803, added 2021, ch. 269, sec. 1, p. 819.]
ID Code § 32-1804 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1804 - DISCLOSURE OF TEMPORARY CARE ASSISTANCE PROGRAM.

32-1804. DISCLOSURE OF TEMPORARY CARE ASSISTANCE PROGRAM. (1) For purposes of this section and section 32-1805, Idaho Code, "temporary care assistance program" means a program operated by an organization that assists a parent or guardian with recruiting or identifying an appropriate and safe temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney. A temporary care assistance program shall comply with nationally recognized standards, such as those found in the title IV-E prevention services clearinghouse. (2) During a child protection investigation that does not result in an out-of-home placement due to abuse of a child, the child protective investigator is authorized and encouraged to provide information to the parent or legal guardian about temporary care assistance programs. The child protective investigator is authorized to exercise discretion in recommending programs, organizations, and resources to the parent or legal guardian.  History: [32-1804, added 2021, ch. 269, sec. 1, p. 819.]
ID Code § 32-1805 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1805 - TEMPORARY CARE ASSISTANCE PROGRAM REQUIREMENTS.

32-1805. TEMPORARY CARE ASSISTANCE PROGRAM REQUIREMENTS. (1) A temporary care assistance program shall check against the state’s sex offender registry operated by the Idaho state police and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries before allowing someone to become a temporary caregiver within the program’s service. The process must include a check against the Idaho child protection central registry operated by the Idaho department of health and welfare. The process must also include a criminal history and background check conducted by the department of health and welfare, which may assess a fee to the temporary care assistance program to cover costs associated with the criminal history and background check. (2) The temporary caregiver’s residence must be inspected annually by the affiliated temporary care assistance program. (3) The temporary care assistance program must disclose to any parent or guardian using its services that any delegation of parental rights and responsibilities shall be made to a temporary caregiver, not to the temporary care assistance program itself.  History: [32-1805, added 2021, ch. 269, sec. 1, p. 819.]
ID Code § 32-1806 (2021)
2021 Idaho Code|Title 32 - DOMESTIC RELATIONS|Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS|Section 32-1806 - STATUTORY CONSTRUCTION.

32-1806. STATUTORY CONSTRUCTION. (1) Nothing in this chapter shall be construed to affect any delegation of powers made pursuant to section 15-5-104, Idaho Code. (2) Nothing in this chapter shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16, Idaho Code, or shall modify the burden of proof at any stage of proceedings under the child protective act. Nothing in this chapter shall be construed to modify any existing, compelling governmental interest.  History: [32-1806, added 2021, ch. 269, sec. 1, p. 819.]