reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1613 - HEARINGS UNDER THE CHILD PROTECTIVE ACT.

16-1613. HEARINGS UNDER THE CHILD PROTECTIVE ACT. (1) Proceedings under this chapter shall be dealt with by the court at hearings separate from those for adults and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. The general public shall be excluded, and only such persons shall be admitted as are found by the court to have a direct interest in the case. The child may be excluded from hearings at any time at the discretion of the court. If the parent or guardian is without counsel, the court shall inform them of their right to be represented by counsel and to appeal from any disposition or order of the court.
(2) When a child is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend, or other person having a supportive relationship with the child shall, if available, be permitted to remain in the courtroom at the witness stand with the child during the child’s testimony unless, in written findings made and entered, the court finds that the constitutional right of the child’s parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly prejudiced.
(3) At any stage of a proceeding under this chapter, if the court determines that it is in the best interests of the child or society, the court may cause the proceeding to be expanded or altered to include full or partial consideration of the cause under the juvenile corrections act without terminating the original proceeding under this chapter.
History:
[(16-1613) 16-1607A, added 2001, ch. 107, sec. 7, p. 358; am. and redesig. 2005, ch. 391, sec. 15, p. 1278.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1614 - APPOINTMENT OF GUARDIAN AD LITEM, COUNSEL FOR GUARDIAN AD LITEM, COUNSEL FOR CHILD.

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 county unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs.
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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1616 - INVESTIGATION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1617 - INVESTIGATION BY MULTIDISCIPLINARY TEAMS.

16-1617. INVESTIGATION BY MULTIDISCIPLINARY TEAMS. (1) The prosecuting attorney in each county shall be responsible for the development of an interagency multidisciplinary team or teams for investigation of child abuse and neglect referrals within each county. The teams shall consist of, but not be limited to, law enforcement personnel, department of health and welfare child protection risk assessment staff, child advocacy center staff where such staff is available in the county, a representative of the prosecuting attorney’s office, and any other person deemed to be necessary due to his or her special training in child abuse investigation. Other persons may participate in investigation of particular cases at the invitation of the team and as determined necessary, such as medical personnel, school officials, mental health workers, personnel from domestic violence programs, persons knowledgeable about adaptive equipment and supportive services for parents or guardians with disabilities or the guardian ad litem program.
(2) The teams shall develop a written protocol for investigation of child abuse cases and for interviewing alleged victims of such abuse or neglect, including protocols for investigations involving a family member with a disability. Each team shall develop written agreements signed by member agencies, specifying the role of each agency, procedures to be followed to assess risks to the child and criteria and procedures to be followed to ensure the child victim’s safety including removal of the alleged offender.
(3) Each team member shall be trained in his or her respective role, including risk assessment, dynamics of child abuse and interviewing and investigatory techniques. Such training may be provided by the Idaho network of children’s advocacy centers or by the member’s respective agency.
(4) Each team shall classify, assess and review a representative selection of cases referred to either the department or to law enforcement entities for investigation of child abuse or neglect.
(5) Each multidisciplinary team shall develop policies that provide for an independent review of investigation procedures utilized in cases upon completion of any court actions on those cases. The procedures shall include independent citizen input. Nonoffending parents of child abuse victims shall be notified of the review procedure.
(6) Prosecuting attorneys of the various counties may determine that multidisciplinary teams may be most effectively established through the use of joint exercise of powers agreements among more than one (1) county and such agreements are hereby authorized.
(7) Lack of review by a multidisciplinary team of a particular case does not defeat the jurisdiction of the court.
History:
[(16-1617) 16-1609A, added 1996, ch. 388, sec. 1, p. 1312; am. 2001, ch. 107, sec. 10, p. 361; am. 2003, ch. 279, sec. 5, p. 754; am. and redesig. 2005, ch. 391, sec. 19, p. 1280; am. 2014, ch. 120, sec. 2, p. 340.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1618 - INVESTIGATIVE INTERVIEWS OF ALLEGED CHILD ABUSE VICTIMS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1618A - INVESTIGATION BASED UPON IMMUNIZATION STATUS PROHIBITED.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1623 - AMENDED DISPOSITION — REMOVAL DURING PROTECTIVE SUPERVISION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1624 - TERMINATION OF PARENT-CHILD RELATIONSHIP.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1625 - APPEAL — EFFECT ON CUSTODY.

16-1625. APPEAL — EFFECT ON CUSTODY. (1) An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court:
(a) An adjudicatory decree entered pursuant to section 16-1619, Idaho Code;
(b) Any order subsequent to the adjudicatory decree that vests legal custody of the child in the department or other authorized agency;
(c) Any order subsequent to the adjudicatory decree that authorizes or mandates the department to cease reasonable efforts to make it possible to return the child to his home, including an order finding aggravated circumstances; or
(d) An order of dismissal.
(2) Where the order affects the custody of a child, the appeal shall be heard at the earliest practicable time. The pendency of an appeal shall not suspend the order of the court regarding a child, and it shall not discharge the child from the legal custody of the authorized agency to whose care he has been committed, unless otherwise ordered by the district court. No bond or undertaking shall be required of any party appealing to the district court under the provisions of this section. Any final order or judgment of the district court shall be appealable to the supreme court of the state of Idaho in the same manner as appeals in other civil actions. The filing of the notice of appeal shall not, unless otherwise ordered, stay the order of the district court.
History:
[(16-1625) 16-1617, added 1976, ch. 204, sec. 2, p. 742; am. 1982, ch. 186, sec. 16, p. 500; am. 2001, ch. 107, sec. 17, p. 367; am. and redesig. 2005, ch. 391, sec. 27, p. 1286; am. 2010, ch. 26, sec. 2, p. 46; am. 2013, ch. 287, sec. 9, p. 753.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1626 - COURT RECORDS.

16-1626. COURT RECORDS. The court shall keep a record of all court proceedings under this chapter. The records shall be available only to parties to the proceeding, persons having full or partial custody of the subject child and authorized agencies providing protective supervision or having legal custody of the child. Any other person may have access to the records only upon permission by the court and then only if it is shown that such access is in the best interests of the child; or for the purpose of legitimate research. If the records are released for research purposes, the person receiving them must agree not to disclose any information which could lead to the identification of the child.
History:
[(16-1626) 16-1621, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 20, p. 502; am. 1996, ch. 272, sec. 13, p. 895; am. and redesig. 2005, ch. 391, sec. 28, p. 1286.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1627 - AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1628 - SUPPORT OF COMMITTED CHILD.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1630 - OTHER DUTIES OF THE DEPARTMENT — EXCEPTIONS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1631 - AUTHORIZATION FOR DEPARTMENT TO ACT.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1633 - GUARDIAN AD LITEM — DUTIES.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1634 - GUARDIAN AD LITEM — RIGHTS AND POWERS.

16-1634. GUARDIAN AD LITEM — RIGHTS AND POWERS. The guardian ad litem will have the following rights and powers, 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) The guardian ad litem, if represented by counsel, may file pleadings, motions, memoranda and briefs on behalf of the child, and shall have all of the rights of a party whether conferred by statute, rule of court or otherwise.
(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem and the guardian’s attorney of all hearings, staffings, investigations, depositions and significant changes of circumstances of the child.
(3) Except to the extent prohibited or regulated by federal law or by the provisions of chapter 82, title 39, Idaho Code, upon presentation of a copy of the order appointing guardian ad litem, any person or agency, including, without limitation, any hospital, school, organization, department of health and welfare, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the guardian ad litem to inspect and copy pertinent records necessary for the proceeding for which the guardian is appointed relating to the child and parent without consent of the child or parents.
History:
[(16-1634) 16-1632, added 1989, ch. 281, sec. 6, p. 689; am. 1996, ch. 272, sec. 17, p. 898; am. 2001, ch. 357, sec. 5, p. 1260; am. 2005, ch. 25, sec. 79, p. 115; am. and redesig. 2005, ch. 391, sec. 36, p. 1292.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1635 - IMMUNITY FROM LIABILITY.

16-1635. IMMUNITY FROM LIABILITY. Any person appointed as a guardian ad litem, the coordinator, or a guardian ad litem volunteer program employee shall be personally immune from any liability for acts, omissions or errors in the same manner as if such person were a volunteer officer or director under the provisions of section 6-1605, Idaho Code.
History:
[(16-1635) 16-1633, added 1989, ch. 281, sec. 7, p. 689; am. and redesig. 2005, ch. 391, sec. 37, p. 1293.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1636 - COMPLIANCE WITH FEDERAL LAW.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1637 - EXEMPTION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1638 - GUARDIAN AD LITEM ACCOUNT — CREATION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1639 - GUARDIAN AD LITEM GRANTS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1640 - ADMINISTRATIVE PROCEDURE ACT.

16-1640. ADMINISTRATIVE PROCEDURE ACT. Nothing in this chapter shall be construed to alter the requirements provided in chapter 52, title 67, Idaho Code.
History:
[(16-1640) 16-1626, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 25, p. 504; am. and redesig. 2005, ch. 391, sec. 42, p. 1294.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1641 - CONSTRUCTION.

16-1641. CONSTRUCTION. This chapter shall be liberally construed to accomplish the purposes herein set forth.
History:
[(16-1641) 16-1627, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 26, p. 504; am. and redesig. 2005, ch. 391, sec. 43, p. 1294.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1642 - SHORT TITLE.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1643 - SEVERABILITY.

16-1643. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[(16-1643) 16-1629, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 28, p. 505; am. and redesig. 2005, ch. 391, sec. 45, p. 1294.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1644 - LIMITATIONS ON CAREGIVER LIABILITY.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1645 - EXEMPTION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1646 - STATE DEPARTMENT OF HEALTH AND WELFARE ANNUAL REPORT.

16-1646. STATE DEPARTMENT OF HEALTH AND WELFARE ANNUAL REPORT. The state department of health and welfare shall submit an annual report regarding the foster care program to the germane standing committees of the legislature no later than ten (10) days following the start of each regular session. On or before February 15 of each year, the state department of health and welfare shall appear before the germane standing committees to present the report. Such report shall include, but need not be limited to, the number of children that are in the department’s legal custody pursuant to this chapter, the number of such children who have been placed in foster care, how many times such children have been moved to different foster care homes and the reasons for such moves, best practices in foster care, goals to improve the foster care system in Idaho to ensure best practices are adhered to, a description of progress made with regard to the previous year’s goals to improve the foster care system and any other information relating to foster care that the legislature requests. If a member of the legislature requests additional information between the time the report is received by the legislature and the time the department appears to present the report, then the department shall supplement its report to include such additional information.
History:
[(16-1646) 16-1644, added 2016, ch. 284, sec. 1, p. 784; am. and redesig. 2017, ch. 58, sec. 7, p. 104.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 19 - INTERSTATE COMPACT FOR JUVENILES › Section 16-1902 - SHORT TITLE.

16-1902. SHORT TITLE. This act may be cited as the "Interstate Compact for Juveniles."
History:
[16-1902, added added 2004, ch. 97, sec. 2, p. 342 and 355.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2001 - PURPOSE.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2003 - JURISDICTION.

16-2003. JURISDICTION. The court shall have exclusive original jurisdiction, other than as provided in title 32, Idaho Code, to hear petitions to terminate the parent and child relationship when the child is present in the state. When a court has jurisdiction over the child under the child protective act, chapter 16, title 16, Idaho Code, that court shall have exclusive jurisdiction of the action to terminate parental rights unless it consents to a different venue or jurisdiction in the best interests of the child.
History:
[16-2003, added 1963, ch. 145, sec. 3, p. 420; am. 2005, ch. 391, sec. 48, p. 1298.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2004 - PETITION — WHO MAY FILE.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2006 - CONTENT OF PETITION.

16-2006. CONTENT OF PETITION. The petition for the termination of the parent and child relationship shall include, to the best information and belief of the petitioner:
a. The name and place of residence of the petitioner;
b. The name, sex, date and place of birth, and residence of the child;
c. The basis for the court’s jurisdiction;
d. The relationship of the petitioner to the child, or the fact that no relationship exists;
e. The names, addresses, and dates of birth of the parents; and where the child is illegitimate, the names, addresses and dates of birth of both parents, if known to the petitioner;
f. Where the child’s parent is a minor, the names and addresses of said minor’s parents or guardian of the person; and where the child has no parent or guardian, the relatives of the child to and including the second degree of kindred;
g. The name and address of the person having legal custody or guardianship of the person or acting in loco parentis to the child or authorized agency having legal custody or providing care for the child;
h. The grounds on which termination of the parent and child relationship is sought;
i. The names and addresses of the persons and authorized agency or officer thereof to whom or to which legal custody or guardianship of the person of the child might be transferred;
j. A list of the assets of the child together with a statement of the value thereof.
History:
[16-2006, added 1963, ch. 145, sec. 6, p. 420.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 20 - TERMINATION OF PARENT AND CHILD RELATIONSHIP › Section 16-2009 - HEARING.

16-2009. HEARING. Cases under this act shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required. The general public shall be excluded and only such persons admitted whose presence is requested by any person entitled to notice under the provisions of section 16-2007, Idaho Code, or as the judge shall find to have a direct interest in the case or in the work of the court; provided that persons so admitted shall not disclose any information secured at the hearing which would identify an individual child or parent. The court may require the presence of witnesses deemed necessary to the disposition of the petition, except that a parent who has executed a waiver pursuant to section 16-2007, Idaho Code, shall not be required to appear at the hearing.
The parent or guardian ad litem shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of his right to have counsel, and if counsel is requested and the parent or guardian is financially unable to employ counsel, counsel shall be provided. The prosecuting attorneys of the several counties shall represent the department at all stages of the hearing.
The court’s finding with respect to grounds for termination shall be based upon clear and convincing evidence under rules applicable to the trial of civil causes, provided that relevant and material information of any nature, including that contained in reports, studies or examinations, may be admitted and relied upon to the extent of its probative value. When information contained in a report, study or examination is admitted in evidence, the person making such report, study or examination shall be subject to both direct and cross-examination.
History:
[16-2009, added 1963, ch. 145, sec. 9, p. 420; am. 1983, ch. 128, sec. 1, p. 324; am. 1987, ch. 207, sec. 4, p. 439; am. 1993, ch. 88, sec. 1, p. 217.]