Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.863 - INVESTIGATION OF PETITION TO ADOPT AND REPORT TO THE COURT

Current through August 31, 2023
According to Section
				  16-1506, Idaho Code, an
				  investigation regarding the allegations stated in the petition and subsequent
				  written report of findings must be filed with the court unless the
				  investigation is waived by order of the court. The prospective adoptive
				  family's pre-placement home study will be filed at the same time as the written
				  report of investigation. If the family services worker, licensed child placing
				  agency staff, or certified adoption professional is unable to complete the
				  study within thirty (30) days, an extension of time must be requested in
				  writing of the court, stating the reasons for the request. If the worker has
				  reason to believe that the child may be an Indian child and the child's tribe
				  or the Secretary of the Interior has not received written Notice of Pending
				  Proceedings, the worker must inform the court and the petitioner's attorney and
				  the independent agency of the need to comply with the Indian Child Welfare Act.
				  This adoption report to the court must address the following: (3-15-22)
01.
Legal Availability of the
				Child
. It is the responsibility of the petitioners, through their
				attorney, to present documentary evidence to the court so the judge can examine
				it and be satisfied that the identity, birthdate, and parentage of the child
				are as represented in the petition. The family services worker or certified
				adoption professional will interview the family and any other person(s) having
				knowledge in the matter, review all documentary evidence presented by the
				petitioner(s), record the information and source of the information, noting any
				discrepancies. Such documentary evidence must include the following: (3-15-22)
a. The birth certificate of the child;
				(3-15-22)
b. The consent(s) of the
				child's parent(s) to terminate their parental rights, termination decrees for
				any parent(s) whose parental rights have been terminated involuntarily by the
				court, and documentation of marriage and divorce; (3-15-22)
c. If the child is an Indian child, a copy of
				the Notice of Pending Proceedings for Termination of Parental Rights, and the
				return receipts showing that the notice was received by the Indian child's
				parent(s) or Indian custodian(s), and the child's tribe; (3-15-22)
d. Consent to adoption has been secured for
				all persons from whom it is required, including a legal guardian(s), to make
				the child legally available for adoption; (3-15-22)
e. The death certificate of a deceased
				parent; (3-15-22)
f. Verification
				from the Bureau of Vital Statistics of the registry of any putative father; and
				(3-15-22)
g. The Interstate Compact
				on the Placement of Children Form 100-A, for a child born outside of the state
				of Idaho, to determine if required state authorizations have been given, or if
				the Compact does not apply. (3-15-22)