reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-106 - OBLIGATION TO ACCEPT SUBSTITUTE DECISION-MAKING DOCUMENT.

15-15-106. OBLIGATION TO ACCEPT SUBSTITUTE DECISION-MAKING DOCUMENT. (1) Except as otherwise provided in subsection (2) of this section or by law of this state other than this act, including section 15-12-120(2)(b), Idaho Code, a person that is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 15-15-103, Idaho Code. The person may not require an additional or different form of document for authority granted in the document presented.
(2) A person that is asked to accept a substitute decision-making document is not required to accept the document if:
(a) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
(b) The person has actual knowledge of the termination of the decision maker’s authority or the document;
(c) The person’s request under section 15-15-105(2), Idaho Code, for the decision maker’s assertion of fact, a translation or an opinion of counsel is refused;
(d) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or
(e) The person makes, or has actual knowledge that another person has made, a report to the local office of adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.
(3) A person that in violation of the provisions of this section refuses to accept a substitute decision-making document is subject to:
(a) A court order mandating acceptance of the document; and
(b) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document.
History:
[15-15-106, added 2015, ch. 115, sec. 1, p. 299.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-107 - REMEDIES UNDER OTHER LAW.

15-15-107. REMEDIES UNDER OTHER LAW. The remedies under this act are not exclusive and do not abrogate any right or remedy under law of this state other than this chapter.
History:
[15-15-107, added 2015, ch. 115, sec. 1, p. 299.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-108 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

15-15-108. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
History:
[15-15-108, added 2015, ch. 115, sec. 1, p. 299.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-109 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

15-15-109. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).
History:
[15-15-109, added 2015, ch. 115, sec. 1, p. 299.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 15 - UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT › Part 1 - PROVISIONS › Section 15-15-110 - APPLICABILITY.

15-15-110. APPLICABILITY. This chapter applies to a substitute decision-making document created before, on or after the effective date of this chapter.
History:
[15-15-110, added 2015, ch. 115, sec. 1, p. 300.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-101 - LEGISLATIVE FINDINGS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-102 - POLICY.

16-102. POLICY. The legislature intends that the policy of the state of Idaho shall be:
(1) To reaffirm the importance of the family in all areas of the child’s development and to reinforce the role of the family in the decision making processes regarding their child;
(2) To provide assistance and support to the family of an infant or toddler with a disability that addresses the individual needs of the family;
(3) To develop and implement with available resources a statewide screening and tracking system for infants and toddlers at risk;
(4) To develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for all infants and toddlers with disabilities and their families;
(5) To enhance the capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities;
(6) To facilitate the coordination of payment for early intervention services from federal, state, local, and private sources including public and private insurance coverage; and
(7) To guarantee financial assistance for the purposes of coordinating early intervention services in communities and to enhance their capacity to provide individualized services to infants and toddlers with disabilities and their families.
History:
[16-102, added 1991, ch. 253, sec. 1, p. 621.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-104 - EARLY INTERVENTION SYSTEM.

16-104. EARLY INTERVENTION SYSTEM. The early intervention system shall consist of the lead agency, council, the regional committees, program personnel, a statewide parent education and resource system, eligible children, families, advocates, and public and private providers of early intervention services. The lead agency shall identify statewide and regional early intervention staff to be responsible for planning, developing, coordinating, monitoring and evaluating the requirements of this chapter.
History:
[16-104, added 1991, ch. 253, sec. 1, p. 624.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-105 - INTERAGENCY COORDINATING COUNCIL.

16-105. INTERAGENCY COORDINATING COUNCIL. (1) The governor shall appoint the members and the chair of the interagency coordinating council. For budgetary purposes, the council shall be assigned to the lead agency. The term of appointment for a member of the council shall be three (3) years, and members may be reappointed. In making appointments to the council, the governor shall ensure that the membership geographically represents the population of the state.
(2) The council membership shall consist of:
(a) At least three (3) parents of young children with disabilities;
(b) At least three (3) public or private providers of early intervention services;
(c) At least one (1) member of the state legislature;
(d) At least one (1) person involved in personnel preparation;
(e) The superintendent of public instruction, or designee;
(f) A representative of the executive council of the lead agency;
(g) A physician skilled in early intervention;
(h) A representative of the council on developmental disabilities.
History:
[16-105, added 1991, ch. 253, sec. 1, p. 624.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-107 - RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND WELFARE.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-108 - REGIONAL COMMITTEES.

16-108. REGIONAL COMMITTEES. (1) The regional director of each of the seven (7) administrative regions of the lead agency shall appoint a local interagency coordinating committee to assist the regional lead agency and all other appropriate agencies in the planning and coordinating of services for infants and toddlers with disabilities and their families who reside within the region served by the regional committee. With recommendations from the regional committee, the regional director shall appoint staff to support regional committee activities and early intervention services. Staff persons will report to the regional director.
(2) Membership on the committee shall consist of parents, agency personnel with the authority to effectively represent their agencies and other public officials and private providers.
(3) The regional interagency coordinating committee shall have the following responsibility:
(a) To advise and assist the council on regional issues or concerns; and
(b) To assist the lead agency and other appropriate agencies in the implementation of the early intervention system locally as stipulated in rules and regulations.
History:
[16-108, added 1991, ch. 253, sec. 1, p. 627.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-110 - PROCEDURAL SAFEGUARDS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-111 - USES OF FUNDS.

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[s] 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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-112 - PROHIBITED USE OF FUNDS.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 1 - EARLY INTERVENTION SERVICES › Section 16-113 - MAINTENANCE OF EXISTING PROGRAM LEVELS.

16-113. MAINTENANCE OF EXISTING PROGRAM LEVELS. Nothing in this chapter shall be construed to permit:
(1) The reduction of local, state, or federal medical or other assistance available;
(2) The alteration of eligibility under title V of the social security act (relating to maternal and child health);
(3) The alteration of eligibility under title XIX of the social security act (relating to medicaid for infant[s] and toddlers with disabilities);
(4) The reduction of early intervention services provided by the state department of education, the department of health and welfare, or the school for the deaf and the blind.
History:
[16-113, added 1991, ch. 253, sec. 1, p. 629.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1501 - MINORS AND ADULTS MAY BE ADOPTED.

16-1501. MINORS AND ADULTS MAY BE ADOPTED. Any minor child may be adopted by any adult person residing in and having residence in Idaho, in the cases and subject to the rules prescribed in this chapter.
(1) Persons not minors may be adopted by a resident adult in cases where the person adopting has sustained the relation of parent to such adopted person:
(a) For a period in excess of one (1) year while the person was a minor; or
(b) For such period of time or in such manner that the court after investigation finds a substantial family relationship has been created.
(2) Adoptions shall not be denied solely on the basis of the disability of a prospective adoptive parent. As used in this chapter:
(a) "Adaptive equipment" means any piece of equipment or any item that is used to increase, maintain, or improve the parenting capabilities of a parent with a disability.
(b) "Disability" means, with respect to an individual, any mental or physical impairment which substantially limits one (1) or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning or working or a record of such an impairment, or being regarded as having such an impairment. Disability shall not include transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, other sexual behavior disorders, or substance use disorders, compulsive gambling, kleptomania or pyromania. Sexual preference or orientation is not considered an impairment or disability. Whether an impairment substantially limits a major life activity shall be determined without consideration of the effect of corrective or mitigating measures used to reduce the effects of the impairment.
(c) "Supportive services" means services which assist a parent with a disability to compensate for those aspects of their disability which affect their ability to care for their child and which will enable them to discharge their parental responsibilities. The term includes specialized or adapted training, evaluations, or assistance with effective use of adaptive equipment, and accommodations which allow a parent with a disability to benefit from other services, such as Braille texts or sign language interpreters.
(3) If applicable, nothing in this chapter shall modify the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq.
History:
[(16-1501) 1879, p. 8, sec. 1; R.S., sec. 2545; reen. R.C. & C.L., sec. 2700; C.S., sec. 4682; I.C.A., sec. 31-1101; am. 1951, ch. 283, sec. 1, p. 611; am. 1953, ch. 150, sec. 1, p. 245; am. 1972, ch. 147, sec. 1, p. 318; am. 1991, ch. 39, sec. 1, p. 78; am. 1996, ch. 195, sec. 1, p. 610; am. 2002, ch. 233, sec. 4, p. 671; am. 2013, ch. 138, sec. 3, p. 324; am. 2014, ch. 97, sec. 1, p. 265.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1501B - RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFORMATION.

16-1501B. RIGHT OF PARENT WITH DISABILITY TO PRESENT EVIDENCE AND INFORMATION. If the prospective adoptive parent has a disability as defined in this chapter, the prospective adoptive parent shall have the right to provide evidence to the court regarding the manner in which the use of adaptive equipment or supportive services will enable the parent to carry out the responsibilities of parenting the child. Nothing in this chapter shall be construed to create any new or additional obligation on state or local governments to purchase or provide adaptive equipment or supportive services for parents with disabilities.
History:
[16-1501B, added 2002, ch. 233, sec. 5, p. 672.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1502 - RESTRICTIONS AS TO COMPARATIVE AGE.

16-1502. RESTRICTIONS AS TO COMPARATIVE AGE. The person adopting a child must be at least fifteen (15) years older than the person adopted, or twenty-five (25) years of age or older, except such age restrictions or requirements shall not apply in cases where the adopting parent is a spouse of a natural parent, and except that such age restrictions or requirements shall not apply when the person adopting an adult shows to the satisfaction of the court that a substantial relationship as a parent has been maintained for a period in excess of one (1) year.
History:
[(16-1502) 1879, p. 8, sec. 2; R.S., sec. 2540; reen. R.C. & C.L., sec. 2701; I.C.A., sec. 31-1102; am. 1961, ch. 14, sec. 1, p. 15; am. 1969, ch. 247, sec. 1, p. 773; am. 1972, ch. 147, sec. 2, p. 318; am. 1991, ch. 39, sec. 2, p. 78.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1503 - CONSENT OF HUSBAND AND WIFE NECESSARY.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1507 - ORDER OF ADOPTION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1508 - EFFECT OF ADOPTION.

16-1508. EFFECT OF ADOPTION. A child or adult, when adopted, may take the name of the person adopting, and the two (2) shall thenceforth sustain toward each other the legal relation of parent and child, and shall have all the rights and shall be subject to all the duties of that relation, including all of the rights of a child of the whole blood to inherit from any person, in all respects, under the provisions of section 15-2-103, Idaho Code, and to the same extent as a child of the whole blood.
History:
[(16-1508) 1879, p. 8, sec. 8; R.S., sec. 2552; reen. R.C. & C.L., sec. 2707; C.S., sec. 4689; I.C.A., sec. 31-1108; am. 1963, ch. 63, sec. 1, p. 246; am. 1996, ch. 195, sec. 4, p. 613; am. 2020, ch. 82, sec. 7, p. 178.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1509 - RELEASE OF CHILD’S PARENTS FROM OBLIGATION — TERMINATION OF RIGHTS OF PARENTS AND CHILDREN.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1509A - DISSOLUTION OF ADOPTION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1511 - SEALING RECORD OF PROCEEDINGS.

16-1511. SEALING RECORD OF PROCEEDINGS. Upon the motion of petitioners, or upon its own motion the court shall order that the record of its proceedings in any adoption proceeding shall be sealed. When such order has been made and entered the court shall seal such record and thereafter the seal shall not be broken except upon the motion of petitioners or the person adopted; provided, however, that such record may be sealed again as in this section provided.
History:
[I.C., sec. 16-1511, as added by 1953, ch. 104, sec. 1, p. 138; am. 1996, ch. 195, sec. 5, p. 613.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1512 - APPEAL FROM ORDER — BINDING EFFECT OF ADOPTION ORDER.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1514A - INTERNATIONAL ADOPTION.

16-1514A. INTERNATIONAL ADOPTION. (1) When an Idaho resident adopts a child in a foreign country in accordance with the laws of the foreign country, and such adoption is recognized as full and final by the United States government, such resident may file with a petition a copy of the decree, order or certificate of adoption which evidences finalization of the adoption in the foreign country, together with a certified translation thereof if it is not in English, and proof of full and final adoption from the United States government with the clerk of the court of any county in this state having jurisdiction over the person or persons filing such documents.
(2) The court shall assign a docket number and file and enter the documents referenced in subsection (1) of this section with an order recognizing the foreign adoption without the necessity of a hearing. Such order, along with the final decree, order or certificate from the foreign country shall have the same force and effect as if a final order of adoption were granted in accordance with the provisions of this chapter.
(3) When such order is filed and entered, the adoptive parents may request a report of adoption as provided in section 39-259, Idaho Code.
History:
[16-1514A, added 2006, ch. 77, sec. 2, p. 236.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 15 - ADOPTION OF CHILDREN › Section 16-1515 - REVOCATION OF ADOPTION — PAYMENT OF EXPENSES OF ADOPTIVE PARENTS.

16-1515. REVOCATION OF ADOPTION — PAYMENT OF EXPENSES OF ADOPTIVE PARENTS. (1) If a natural parent withdraws or revokes a consent to adoption and the court orders that the custody of the child be returned to the natural parent upon the petition of a natural parent, whether or not the order of adoption has been entered, the court shall order the natural parent who so petitioned to reimburse the adoptive or prospective adoptive parents for all adoption expenses including, but not limited to, all medical fees and costs and all legal fees and costs, and all other reasonable costs and expenses including, but not limited to, expenses for food and clothing incurred by the adoptive or prospective adoptive parents in connection with the care and maintenance of the child while the child was living with the adoptive or prospective adoptive parents. The court shall determine the amount of the reimbursement owing and shall enter the same as a money judgment in favor of the adoptive or prospective adoptive parents.
(2) If the natural parent agrees to consent to the adoption and the adoption proceedings have been initiated by the prospective adoptive parents in accordance with that agreement but the natural parent thereafter refuses to execute the consent to adoption, the prospective adoptive parents may file a motion for restitution in the adoption action and the court may order reimbursement as provided in subsection (1) of this section, or the prospective adoptive parents may file a suit independent of the adoption proceedings for damages which may include those items described in subsection (1) of this section.
(3) For purposes of this section, "prospective adoptive parents" shall include foster parents who have initiated adoption proceedings with respect to the child for whom foster care is being provided, but shall not include foster parents who are wholly or partially reimbursed by the state of Idaho for the care of the child.
History:
[16-1515, added 1998, ch. 172, sec. 1, p. 594.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1601 - POLICY.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1603 - JURISDICTION OF THE COURTS.

16-1603. JURISDICTION OF THE COURTS. (1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state:
(a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or
(b) Whose parents or other legal custodian fails to provide a stable home environment.
(2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following:
(a) The other child is living or is found within the state;
(b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment;
(c) The other child is listed in the petition or amended petition;
(d) The parents or legal guardians of the other child have notice as provided in section 16-1611, Idaho Code.
History:
[16-1603, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 3, p. 494; am. 1991, ch. 212, sec. 3, p. 503; am. 1996, ch. 272, sec. 3, p. 888; am. 1999, ch. 123, sec. 2, p. 361; am. 2001, ch. 107, sec. 3, p. 355; am. 2003, ch. 279, sec. 3, p. 752; am. 2005, ch. 391, sec. 6, p. 1272.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1604 - RETENTION OF JURISDICTION.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1606 - IMMUNITY.

16-1606. IMMUNITY. Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in section 16-1605, Idaho Code, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any such judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof.
History:
[(16-1606) 16-1620, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 19, p. 501; am. 1985, ch. 158, sec. 2, p. 417; am. 1995, ch. 328, sec. 1, p. 1097; am. and redesig. 2005, ch. 391, sec. 8, p. 1273.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1607 - REPORTING IN BAD FAITH — CIVIL DAMAGES.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1608 - EMERGENCY REMOVAL.

16-1608. EMERGENCY REMOVAL.
(1) (a) A child may be taken into shelter care by a peace officer without an order issued pursuant to subsection (4) of section 16-1611 or section 16-1619, Idaho Code, only where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39, Idaho Code.
(b) An alleged offender may be removed from the home of the victim of abuse or neglect by a peace officer without an order, issued pursuant to subsection (5) of section 16-1611, Idaho Code, only where the child is endangered and prompt removal of an alleged offender is necessary to prevent serious physical or mental injury to the child.
(2) When a child is taken into shelter care under subsection (1) of this section, he may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, unless a shelter care hearing has been held pursuant to section 16-1615, Idaho Code, and the court orders an adjudicatory hearing.
(3) When an alleged offender is removed from the home under subsection (1)(b) of this section, a motion based on a sworn affidavit by the department must be filed simultaneously with the petition and the court shall determine at a shelter care hearing, held within a maximum of twenty-four (24) hours, excluding Saturdays, Sundays and holidays, whether the relief sought shall be granted, pending an adjudicatory hearing. Notice of such hearing shall be served upon the alleged offender at the time of removal or other protective relief.
History:
[(16-1608) 16-1612, as added by 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 12, p. 498; am. 1989, ch. 302, sec. 4, p. 756; am. 2001, ch. 107, sec. 13, p. 365; am. 2001, ch. 357, sec. 3, p. 1259; am. 2005, ch. 25, sec. 76, p. 113; am. and redesig. 2005, ch. 391; sec. 10, p. 1274.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1609 - EMERGENCY REMOVAL — NOTICE.

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.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1611 - SUMMONS.

16-1611. SUMMONS. (1) After a petition has been filed, the clerk of the court may issue a summons requiring the person or persons who have custody of the child to bring the child before the court at the adjudicatory hearing held in accordance with section 16-1619, Idaho Code. Each parent or guardian shall also be notified in the manner hereinafter provided of the pendency of the case and the time and place set for the hearing. A summons shall be issued and served requiring the appearance of each parent and legal guardian, and a summons may be issued and served for any other person whose presence is required by the child, either of his parents or guardian or any other person whose presence, in the opinion of the court, is necessary.
(2) A copy of the petition shall be attached to each summons.
(3) The summons shall notify each of the parents, guardian or legal custodian of their right to retain and be represented by counsel. Each parent or legal guardian of each child named in the petition shall be notified by the court of the case and of the time and place set for the hearing.
(4) If based on facts presented to the court, it appears that the court has jurisdiction upon the grounds set forth in section 16-1603, Idaho Code, and the court finds that the child should be removed from his present condition or surroundings because continuation in such condition or surroundings would be contrary to the welfare of the child and vesting legal custody with the department or other authorized agency would be in the child’s best interests, the court shall include on the summons an order to remove the child. The order to remove the child shall specifically state that continuation in the present condition or surroundings is contrary to the welfare of the child and shall require a peace officer or other suitable person to take the child at once to a place of shelter care designated by the authorized agency which shall provide shelter care for the child.
(5) If it appears that the child is safe in his present condition or surroundings and it is not in his best interest to remove him at this time, the court may issue a protective order based on an affidavit pending the adjudicatory hearing. If the child is in joint custody, the protective order shall state with specificity the rights and responsibilities of each parent. Each parent shall be provided with a copy of the protective order.
History:
[(16-1611) 16-1606, added 1976, ch. 204, sec. 2, p. 736; am. 1982, ch. 186, sec. 6, p. 495; am. 1989, ch. 302, sec. 2, p. 754; am. 1996, ch. 272, sec. 5, p. 889; am. 2001, ch. 107, sec. 6, p. 357; am. and redesig. 2005, ch. 391, sec. 13, p. 1276; am. 2007, ch. 223, sec. 1, p. 669.]
2023 Idaho Code › Title 16 - JUVENILE PROCEEDINGS › Chapter 16 - CHILD PROTECTIVE ACT › Section 16-1612 - SERVICE OF SUMMONS — TRAVEL EXPENSES — NECESSARY WITNESSES.

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.]