reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.565 - PETITION FOR REMOVAL OF AN INDIVIDUAL'S NAME ON THE CHILD PROTECTION CENTRAL REGISTRY PRIOR TO OCTOBER 1, 2007

Current through August 31, 2023
After January 1, 2008, an individual whose name was placed on
				  the Child Protection Central Registry prior to October 1, 2007, may file a
				  petition to have their name removed from the registry in accordance with
				  Subsection 566.01 of these rules. The
				  petitioner will be assigned a child protection risk level in accordance with
				  criteria under Section
				  563 of these rules and the case
				  will be reviewed to determine if it meets the requirements for removal.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.566 - PETITION FOR REMOVAL OF AN INDIVIDUAL'S NAME FROM THE CHILD PROTECTION CENTRAL REGISTRY

Current through August 31, 2023
Any individual whose name is on the Child Protection Central
				  Registry and whose required minimum time on the registry has elapsed, may
				  petition the Department to remove their name from the Registry. An individual
				  whose name appears with a Level One designation on the Child Protection Central
				  Registry is not eligible to petition for removal. (3-15-22)
01.
Petition for Removal From the Child
				Protection Central Registry
. Any individual whose name appears on the
				Child Protection Central Registry with a designation of either Level Two or
				Level Three, may petition to have their name removed from the Child Protection
				Central Registry after the minimum period of time has elapsed for the
				applicable level. The petition must include a written statement from the
				petitioner to the Department's FACS Division Administrator requesting that the
				petitioner's name be removed from the Child Protection Central Registry.
				(3-15-22)
02.
Criteria for
				Granting Petition for Removal From the Child Protection Central
				Registry
. The petition for removal from the Child Protection Central
				Registry will be granted if: (3-15-22)
a.
				There are no additional substantiated reports on the Child Protection Central
				Registry or that of other states in which the petitioner has resided since the
				last substantiated report of abuse, neglect, or abandonment in Idaho; and
				(3-15-22)
b. There are no
				convictions, adjudications, or withheld judgments for any of the crimes listed
				under Subsection 566.03 of
				this rule: (3-15-22)
i. On Idaho's central
				repository of criminal history records as established and maintained by the
				Idaho State Police under Title 67, Chapter 30, Idaho Code; or
				(3-15-22)
ii. On the criminal
				history repository of other states in which the petitioner has resided since
				the last substantiated report of abuse, neglect, or abandonment in Idaho.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.567 - "SAFE HAVEN" EXEMPTION FOR PARENTS OF CERTAIN ABANDONED INFANTS

Current through August 31, 2023
No disposition will be made on the parent(s) and no
				  information will be entered into the Child Protection Central Registry when a
				  parent(s) relinquishes their infant within the first thirty (30) days of life
				  to a "Safe Haven" according to Title 39, Chapter 82, Idaho Code, Idaho Safe
				  Haven Act. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.568 - COURT-ORDERED CHILD PROTECTION SAFETY ASSESSMENT

Current through August 31, 2023
When, in any divorce proceeding or upon request for
				  modification of a divorce decree, an allegation of child abuse or child sexual
				  abuse is made, implicating either party, the court may order that an
				  investigation/safety assessment be conducted by the Department. Court orders
				  for preliminary child protective safety assessment and for any subsequent
				  assessment the court may deem necessary will be served on the Department
				  supervisor for child protection services in the field office in which the court
				  has geographical jurisdiction. The child protection supervisor must immediately
				  initiate the safety assessment and consult with the court promptly if there are
				  any obstacles preventing its completion. Immediately upon completing the
				  report, the Department must make a written report to the court.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.569 - PETITION UNDER THE CHILD PROTECTIVE ACT

Current through August 31, 2023
If any incident of child abuse, neglect, or abandonment is
				  substantiated through a safety or comprehensive assessment, or both, or during
				  the provision of services, and cannot be resolved through informal processes or
				  voluntary agreement that is adequate for protection of the child, the
				  Department will request the prosecuting attorney to file a Child Protective Act
				  petition. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.570 - COOPERATION WITH LAW ENFORCEMENT

Current through August 31, 2023
The Department will cooperate with law enforcement personnel
				  in their handling of criminal investigations and the filing of criminal
				  proceedings. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CHILD PROTECTION SERVICES › Section 16.06.01.571 - CHILD CUSTODY INVESTIGATIONS FOR THE DISTRICT COURT

Current through August 31, 2023
Where no other community resources are available and when
				  ordered by the district courts, the Department will, for a fee of thirty-five
				  dollars ($35) per hour, conduct safety and comprehensive assessments and
				  provide social information to assist the court in child custody actions, to
				  assist the court to determine the most therapeutic placement for the child.
				  (3-15-22)
01.
Requests From
				Private Attorney
. If a parent's attorney requests a safety or
				comprehensive assessment, or both, and a report of findings regarding the
				fitness of a parent, the attorney must be advised that such service is provided
				on behalf of a child but not on behalf of a litigant, and that any such
				assessment and report would be provided to the court pursuant to a court order.
				(3-15-22)
02.
Conduct of the
				Assessment
. In conducting the assessment, the family services worker
				must explain to the family the purpose for which the information is being
				obtained. If the judge intends to treat the report as evidence, the family must
				be informed that any information they provide will be brought out at the court
				hearing. If the family refuses to give information to the family services
				worker, the Department has no authority to require cooperation. However, the
				judge may issue an order directing the family to provide information to the
				family services worker for the purpose of making a report to the court.
				(3-15-22)
03.
Report to
				Court
. The family services worker will provide a report only to the
				Magistrate judge who ordered the assessment, and must use the Department's
				format for the assessment of need. The report must describe what was observed
				about the home conditions and the care of the child(ren). (3-15-22)
04.
Department Clients
. If the
				family is or has been a client of the Department, disclosure of information
				must comply with IDAPA 16.05.01, "Use and Disclosure of Department Records."
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION SERVICES › Section 16.06.01.700 - ADOPTION SERVICES POLICY

Current through August 31, 2023
Where reasonable efforts to reunite or preserve a family are
				  unsuccessful, or where relinquishment is requested by the parent(s), the
				  Department will consider whether termination of parental rights is in the best
				  interests of the child. The Department must make every effort to place any
				  child legally free for adoption in an appropriate adoptive home. Each child
				  will be placed with an adoptive family who can support the racial, ethnic or
				  cultural identity of the child, and is able to cope with any forms of
				  discrimination the child may experience. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION SERVICES › Section 16.06.01.703 - FEDERALLY-FUNDED GUARDIANSHIP ASSISTANCE ELIGIBILITY, REQUIREMENTS, AND BENEFITS

Current through August 31, 2023
In addition to Section
				  702 of these rules, the following
				  requirements and benefits are applicable to a federally-funded guardianship
				  assistance for an eligible child and a relative guardian. (3-15-22)
01.
Eligibility
. A child is
				eligible for a federally-funded guardianship if the Department determines the
				child meets the following: (3-15-22)
a. Is
				fourteen (14) years of age, or older, sometime during the consecutive six- (6)
				month residence with the prospective relative legal guardian as specified in
				Subsection 703.01.c. of this rule;
				(3-15-22)
b. Has been removed from
				their home under a voluntary placement agreement, or as a result of a judicial
				determination that continuation in the home would be contrary to the welfare of
				the child; (3-15-22)
c. Being
				returned home or adopted are not appropriate permanency options for the child;
				(3-15-22)
d. Has been eligible for
				Title IV-E foster care maintenance payments during at least six (6) consecutive
				months during which the child resided in the home of the prospective relative
				legal guardian who was licensed or approved as meeting the licensure
				requirements as a foster family home. While it is not required that Title IV-E
				foster care maintenance payments have been paid on behalf of the child during
				the six-month timeframe, it is required the child meet all Title IV-E foster
				care maintenance payment eligibility criteria in the home of the fully licensed
				or approved relative foster parent for a consecutive six- (6) month period to
				be eligible for Title IV-E guardianship assistance payment with that
				prospective relative legal guardian; (3-15-22)
e. Has been consulted regarding the legal
				guardianship arrangement; and (3-15-22)
f. Has demonstrated a strong attachment to
				the prospective relative legal guardian, and the relative legal guardian has a
				strong commitment to caring permanently for the child. (3-15-22)
g. When a successor legal guardian has been
				named in the child's most recent Title IV-E Relative Guardianship Assistance
				Agreement, the child remains eligible for guardianship assistance benefits upon
				the death or incapacitation of the relative legal guardian with any cash
				assistance paid to the successor legal guardian. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION SERVICES › Section 16.06.01.704 - STATE-FUNDED GUARDIANSHIP ASSISTANCE ELIGIBILITY, REQUIREMENT, AND BENEFITS

Current through August 31, 2023
In addition to Section
				  702 of these rules, the following
				  requirements and benefits are applicable to a state-funded guardianship
				  assistance for an eligible child and their legal guardian. (3-15-22)
01.
Eligibility for State-Funded
				Guardianship Assistance
. A child is eligible for a state-funded
				guardianship assistance if the Department determines the child meets the
				following: (3-15-22)
a. Assistance is based on
				the child's identified needs; (3-15-22)
b. The child's parents have had their
				parental rights legally terminated; and (3-15-22)
c. There is documentation of unsuccessful
				efforts to place the child for adoption. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION SERVICES › Section 16.06.01.710 - FAMILY HISTORY

Current through August 31, 2023
If the family case plan is termination of parental rights and
				  adoption is considered a part of the total planning for the child, the
				  following information will be obtained and placed in the child's permanent
				  adoption record: (3-15-22)
01.
Informational Forms
. Informational background forms regarding the birth
				mother, birth father, and the child. (3-15-22)
02.
Hospital Records
. Hospital
				birth records on child. (3-15-22)
03.
Evaluations/Assessments
.
				Evaluations/Assessments previously completed on child. (3-15-22)
04.
Current Picture
. Current
				picture of child. (3-15-22)
05.
Narrative Social History
. Child and family's narrative social
				history that addresses: (3-15-22)
a. Family
				dynamics and history; (3-15-22)
b.
				Child's current functioning and behaviors; (3-15-22)
c. Interests, talents, abilities, strengths;
				(3-15-22)
d. Child's cultural and
				racial identity needs. The ability to meet the cultural and racial needs of the
				child does not necessitate a family have the same culture or race as the child;
				(3-15-22)
e. Life story, moves,
				reasons, key people; (3-15-22)
f.
				Child's attachments to current caretakers, siblings and significant others;
				i.e., special friends, teachers, etc.; (3-15-22)
g. Medical, developmental and educational
				needs; (3-15-22)
h. Child's
				history, past experiences, and previous trauma; (3-15-22)
i. Membership or eligibility for membership
				in, and social and cultural contacts with parent's tribe, if any, including
				names and addresses of extended family; (3-15-22)
j. Indian child's Indian ancestry;
				(3-15-22)
k. Individualized
				recommendations regarding each child's need for permanency; and
				(3-15-22)
l. Reasons for requesting
				termination of parental rights. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.711 - DECISION AND APPROVAL PROCESS FOR TERMINATION OF PARENT AND CHILD RELATIONSHIP (TPR)

Current through August 31, 2023
Any recommendation to the Child and Family Services Program
				  Manager regarding the termination of parental rights will be based on the
				  outcome of a team decision-making process and must receive written approval by
				  the program manager before a petition may be filed. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.714 - VOLUNTARY TERMINATION

Current through August 31, 2023
The Department becomes involved in voluntary terminations
				  when a parent(s) requests the Department to place their special needs child or
				  children for adoption and when voluntary termination is a goal in the family
				  case plan. Parent(s) requesting placement of a potentially healthy unborn or
				  healthy newborn child should be referred to the licensed private adoption
				  agencies in Idaho. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.715 - VOLUNTARY CONSENT

Current through August 31, 2023
In obtaining a parent's consent to terminate their parental
				  rights through the Department, a Consent to Terminate Parental Rights and
				  Waiver of Rights to Hearing must be signed before the Magistrate Judge. Once a
				  parent's consent has been given before the court, a corresponding petition
				  under the Termination of Parent and Child Relationship Act will be filed by
				  legal counsel representing the Department. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.716 - VOLUNTARY TERMINATION OF PARENTAL RIGHTS TO AN INDIAN CHILD

Current through August 31, 2023
Consent to voluntary termination of parental rights by the
				  parent(s) or Indian custodian(s) of an Indian child is not valid unless
				  executed in writing and recorded before a court of competent jurisdiction,
				  which may be a tribal court. The written consent must be accompanied by the
				  presiding judge's certificate that: (3-15-22)
01.
Explanation of Consent
. The
				terms and consequences of the consent were fully explained in detail and were
				fully understood by the parent(s) or Indian custodian(s); and
				(3-15-22)
02.
Interpretation
				If Necessary
. The parent(s) or Indian custodian(s) fully understood the
				explanation in English or it was interpreted into a language the parent(s) or
				Indian custodian(s) understood. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.717 - FILING OF PETITION FOR VOLUNTARY TERMINATION

Current through August 31, 2023
The petition for a voluntary termination of parental rights
				  may be filed by an authorized agency, by the guardian(s) of the person or the
				  legal custodian of the child or the person standing in loco parentis to the
				  child, or by any other person having a legitimate interest in the matter.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.718 - REPORT TO COURT - VOLUNTARY TERMINATION

Current through August 31, 2023
If a voluntary consent to termination has been signed by the
				  parent(s) before the Magistrate Court, an investigation or Report to the Court
				  under the Termination Act is at the court's discretion. If the petition has
				  been filed by the Department of Health and Welfare, Division of Family and
				  Community Services, a report is required to accompany the petition, under
				  Section 16-2008(2), Idaho
				  Code. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.719 - INVESTIGATION

Current through August 31, 2023
An investigation of the allegations in the petition and a
				  report recommending disposition of the petition under the Termination of Parent
				  and Child Relationship Act will be completed and submitted to the court within
				  thirty (30) days, unless an extension of time is granted by the court. The
				  purpose of this investigation is to verify the allegations through all
				  available sources, including the petitioner, parent(s) and possibly the
				  extended family of the child. The Report to the Court under the Termination of
				  Parent and Child Relationship Act, is to serve as an aid to the court in
				  determining a disposition that complies with the Indian Child Welfare Act where
				  applicable, or that will be in the best interest of the child. If a petition is
				  filed by a party other than the Department, the court may order such an
				  investigation by the Department. The law also allows completion of an
				  investigation by an authorized agency or a certified adoption professional,
				  prior to adjudication and disposition. If the Department is the petitioner, the
				  report will accompany the petition. Reports submitted under the Termination of
				  Parent and Child Relationship Act based on a parent's voluntary consent will
				  include: (3-15-22)
01.
Description of Investigation
. The circumstances of the petition and the
				facts determined from the investigation; and (3-15-22)
02.
Child-Related Factors
. Child
				related factors, including: (3-15-22)
a.
				Child's current functioning and behaviors; (3-15-22)
b. Medical, educational and developmental
				needs of the child; (3-15-22)
c.
				Child's history and past experiences; (3-15-22)
d. Child's identity needs;
				(3-15-22)
e. Child's interests and
				talents; (3-15-22)
f. Child's
				attachments to current caretakers and any absent parent; (3-15-22)
g. Child's current living situation;
				(3-15-22)
h. Indian child's
				membership or eligibility for membership in tribe(s); (3-15-22)
i. Indian child's contacts with tribe(s);
				(3-15-22)
j. The present
				circumstances, history, condition and desire of the parent whose rights are
				being terminated regarding plans for the child; (3-15-22)
k. Such other facts as may be pertinent to
				the parent and child relationship and this particular case; i.e., compliance
				with Interstate Compact Placement on Children; and (3-15-22)
l. A recommendation and reasons as to whether
				or not the termination of the parent and child relationship should be granted.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.720 - FILING OF A PETITION FOR INVOLUNTARY TERMINATION OF PARENT AND CHILD RELATIONSHIP

Current through August 31, 2023
Unless there are compelling reasons it would not be in the
				  interest of the child, the Department is required to file a Petition to
				  Terminate the Parent and Child Relationship within sixty (60) days of a
				  judicial determination that one (1) or more of the following has occurred:
				  (3-15-22)
01.
Abandonment
. An infant has been abandoned; (3-15-22)
02.
Reasonable Efforts to Reunify the
				Family Are Not Required
. That reasonable efforts, as defined in Section
				16-1610(2)(i)(iii),
				Idaho Code, are not required because the court determines the parent(s) has
				subjected a child or children to aggravated circumstances. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › TERMINATION OF PARENT-CHILD RELATIONSHIP › Section 16.06.01.721 - REPORT TO THE COURT - INVOLUNTARY TERMINATION

Current through August 31, 2023
If a petition for an involuntary termination of parental
				  rights has been brought before the Magistrate Court, an investigation or report
				  to the court under the Termination Act is required. If the petition has been
				  filed by the Department, a report is required under Section
				  16-2008(2), Idaho
				  Code. Reports submitted under the Termination Act based on an involuntary
				  termination of parental rights must include: (3-15-22)
01.
Allegations
. The allegations
				contained in the petition. (3-15-22)
02.
Investigation
. The process
				of the assessment and investigation. (3-15-22)
03.
Family Circumstances
. The
				present condition of the child and parent(s), especially the circumstances of
				the parent(s) whose rights are being terminated and contact with the parent(s)
				of a minor parent, unless lack of contact is explained. (3-15-22)
04.
Medical Information
. The
				information forms regarding the child, birth mother, and birth father will be
				submitted with the Report to the Court. Reasonably known or available medical
				and genetic information regarding both birth parents and source of such
				information, as well as reasonably known or available providers of medical care
				and services to the birth parents. (3-15-22)
05.
Efforts to Maintain Family
.
				Other facts that pertain to the parent and child relationship including what
				reasonable efforts have been made to keep the child with the family, or what
				active efforts to prevent the breakup of the Indian family have been made.
				(3-15-22)
06.
Absent
				Parent
. Reasonable efforts made by the petitioner to locate an absent
				parent(s) and provision of notification to an unmarried father of the paternity
				registry requirement under Section
				16-1513, Idaho Code.
				(3-15-22)
07.
Planning
. Proposed plans for the child consistent with: (3-15-22)
a. The Indian Child Welfare Act, including
				potential for placement with the Indian child's extended family, other members
				of the Indian child's tribe, or other Indian families; and (3-15-22)
b. The Adoption and Safe Families Act of
				1997, which prohibits states from delaying or denying cross-jurisdictional
				adoptive placements with an approved family, and requires individualized
				documentation regarding the child's needs in permanent placement.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.750 - APPLICATION TO BE ADOPTIVE PARENT(S)

Current through August 31, 2023
Each field office is responsible for compiling the names and
				  addresses of adoptive applicant(s), along with the dates of inquiry and
				  membership in an Indian tribe, if any. A database or register must be
				  maintained in order to assure the orderly completion of home studies.
				  (3-15-22)
01.
Initial
				Application
. Each adoptive applicant must: (3-15-22)
a. Cooperate with and allow the Department,
				or certified adoption professional, to determine compliance with these rules to
				conduct an adoption home study; (3-15-22)
b. Inform the Department, or certified
				adoption professional, if the applicant has previously applied to become a
				foster or adoptive parent, is currently licensed as a foster parent, or has
				been involved in the care and supervision of children or adults;
				(3-15-22)
c. Provide a medical
				statement for each applicant, signed by a qualified medical professional,
				within the twelve (12) months period prior to application for adoption,
				indicating the applicant is in such physical and mental health so as to not
				adversely affect either the health or quality of care of the adopted child;
				(3-15-22)
d. Provide the name of,
				and a signed release to obtain the following information about, each member of
				the household: (3-15-22)
i. Admission to, or
				release from, a facility, hospital, or institution for the treatment of an
				emotional, intellectual, or substance abuse issue; (3-15-22)
ii. Outpatient counseling, treatment, or
				therapy for an emotional, intellectual, or substance abuse issue.
				(3-15-22)
e. Provide
				three (3) satisfactory references, one (1) of which may be from a person
				related to the applicant. Each applicant must provide additional references
				upon the request of the Department or certified adoption professional;
				(3-15-22)
f. All applicants for
				adoption and other adult members of the household must comply with the
				provisions in IDAPA 16.05.06, "Criminal History and Background Checks" and
				IDAPA 16.06.02, "Child Care Licensing," Section
				404. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.763 - PRE-ADOPTIVE PARENT RESPONSIBILITIES

Current through August 31, 2023
The pre-adoptive parent is responsible to keep the agency or
				  Certified Adoption Professional that completed the home study informed of any
				  changes in the family's circumstances, or of any subsequent decision against
				  adoption. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.764 - ADOPTIVE HOME STUDY

Current through August 31, 2023
An adoption home study is valid for the purposes of new
				  adoptive placement for a period of one (1) year following the date of
				  completion. Upon completion of an adoptive placement agreement, an adoption
				  home study remains valid for a period of two (2) years from the date of
				  completion for the purpose of finalizing the adoption of the child(ren) for
				  whom the adoptive placement agreement was written. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.770 - CLOSURE OF ADOPTIVE HOME STUDIES

Current through August 31, 2023
Upon pre-adoptive placement of a child or children in the
				  home of a pre-adoptive parent, the parent's adoption home study closes for the
				  placement of an additional child or children for the purpose of adoption until
				  a home study update is completed. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.771 - HOME STUDY UPDATE

Current through August 31, 2023
An adoptive home study must be updated on an annual basis. A
				  current home study is defined as a home study completed within the previous
				  twelve (12) months. Home study updates must include the following:
				  (3-15-22)
01.
Initial Adoption
				Home Study and Subsequent Home Study Updates
. All Changes to the
				Information Contained in the Initial Adoption Home Study and Subsequent Home
				Study Updates. (3-15-22)
02.
Family Functioning and Inter-Relationships
. All Information on any
				Changes in Family Functioning and Inter-Relationships. (3-15-22)
03.
Circumstances Adversely Impacting
				Child Placed for Adoption
. Any Information Regarding Circumstances
				Within the Family that may Adversely Impact a Child Placed for Adoption.
				(3-15-22)
04.
A Home Study
				Update Completed for the Purpose of Adoptive Placement of an Additional Child
				or Children in the Home
. A home study update completed for the purpose
				of adoptive placement of an additional child or children in the home where a
				child or children are already placed for adoption and that adoption has not yet
				finalized must include agreement for the placement of the additional child or
				children by the individual or agency responsible for the placement of the
				initial child or children, and the individual or agency responsible for the
				additional child or children. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.790 - FOSTER PARENT ADOPTIONS

Current through August 31, 2023
The procedure and requirements are the same for all adoptive
				  applicants. This includes foster parents who want to be considered as adoptive
				  parents for a child who has a plan of adoption. These requirements include
				  compliance with the Indian Child Welfare Act, the Multi-Ethnic Placement Act of
				  1994 and the Interethnic Adoption Provisions of 1996. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.800 - PLACEMENT OF THE CHILD

Current through August 31, 2023
Adoptive placement of a child in the custody or guardianship
				  of the Department will be determined as follows: (3-15-22)
01.
Factors to be Considered in
				Determining Suitability of Adoptive Placements
. (3-15-22)
a. For an Indian child, absent good cause to
				the contrary, the following preferences for placement under the Indian Child
				Welfare Act must be followed: (3-15-22)
i.
				Extended family; (3-15-22)
ii.
				Other members of the child's tribe; or (3-15-22)
iii. Other Indian families.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.830 - ADOPTION APPLICATION FEE

Current through August 31, 2023
The adoption application fee covers the costs of processing
				  the adoption application and does not guarantee that the applicant family will
				  receive a child for adoption. The application fee is non-refundable. Money
				  collected through the Department's adoption program may be utilized to pay
				  state adoption assistance payments for children with special needs and pay the
				  service fees, recruitment costs, and placement fees for private agencies
				  serving children who have special needs. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.831 - HOME STUDY, SUPERVISORY REPORTS, AND REPORTS OF THE COURT FEES

Current through August 31, 2023
A family who cares for a child, or children, with special
				  needs who is in the custody of the Department is not required to pay the costs
				  of the Department adoption services identified in Section
				  832 of these rules for the adoption
				  of that child, or children. A relative or kin family being considered by the
				  Department for adoption of a child from foster care who is their relative or
				  kin, is not required to pay the costs referenced in Section
				  832 of these rules. If a family who
				  did not pay the fee uses that home study to pursue adoption of a child not in
				  the Department's custody, the family must pay the Department for the full cost
				  of the study and any other applicable fees identified in Section
				  832 of these rules.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.832 - FEE SCHEDULE - ADOPTIONS THROUGH DEPARTMENT

Current through August 31, 2023
TABLE 832
Service
Fee
General Information/Adoption
								Inquiries
No Charge
Health and Welfare Application:
Couple
$50
Single Parent
$25
Second Placement or Reapplication
$25
Pre-placement Home Study - Payment due at time of
								study or per agreement
$450
Report to Court under the Adoption
								Act
$150
Second Placement
$150
Placement Supervision Fee - Charged at the time of
								placement
$300
Closed Adoption Home Study/Court Report Retrieval
								Fee
$50
Report to the Court Under the Termination
								Act
$40 per hour
(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.833 - PLACEMENT SUPERVISION - TRANSFER FROM OUT OF STATE PRIVATE AGENCY

Current through August 31, 2023
When a prospective adoptive parent(s) moves to Idaho, with a
				  child who has been placed with them by a private agency in their former state
				  of residency, the sending state agency must arrange through the Interstate
				  Compact on the Placement of Children, services through one of Idaho's private,
				  licensed adoption agencies, or a certified adoption professional.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › BECOMING AN ADOPTIVE PARENT › Section 16.06.01.850 - INDEPENDENT, RELATIVE AND STEPPARENT ADOPTIONS

Current through August 31, 2023
Independent adoptive placements are handled under Section
				  16-1506, Idaho Code.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.860 - PROCEDURES FOLLOWING THE ADOPTIVE PLACEMENT

Current through August 31, 2023
Following the adoptive placement, a period of support and
				  supervision by the Department lasting at least six (6) months must be completed
				  prior to the finalization of the adoption. In situations where a foster family
				  has a significant relationship with a child and the child has been placed in
				  their home for at least the last six (6) months, the supervisory period may be
				  reduced to a minimum of three (3) months. The family services worker will make
				  scheduled visits to the home at least monthly during this period to assist the
				  child and the family in their adjustment to each other and will update the
				  child's permanent record by means of monthly progress reports. When completion
				  of the adoption is recommended by the field office and approved by the
				  Permanency Program Specialist, the Department will request the prospective
				  adoptive parent(s) contact their attorney. The regional family services worker
				  will provide the attorney with the necessary documentation to file the petition
				  for adoption. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.861 - PROGRESS REPORTS

Current through August 31, 2023
Progress reports will be prepared regularly and will be based
				  on the family services worker's or certified adoption professional's findings.
				  (3-15-22)
01.
Initial and
				Subsequent Reports
. Progress reports must be made at intervals not to
				exceed thirty (30) days. These reports will include the family services
				worker's or certified adoption professional's observation of each child and the
				prospective adopting parent(s), with emphasis on: (3-15-22)
a. Special needs, special circumstances, or
				both, of each child at time of placement; (3-15-22)
b. Services provided to each child and the
				family during the report period; (3-15-22)
c. Services to be provided to each child and
				the family; (3-15-22)
d. General
				appearance and adjustment of each child during the report period (may include
				eating, sleep patterns, responsiveness, bonding); (3-15-22)
e. Adjustment of each child to all of the
				following that apply: school, daycare, and day treatment program;
				(3-15-22)
f. Health and
				developmental progress, and medical practitioner information for each child;
				(3-15-22)
g. Whether each child has
				been accepted for coverage on the family's medical insurance, when coverage
				begins, and whether there will be any limitations, exclusions, or both;
				(3-15-22)
h. Family's adjustment to
				adoptive placement; (3-15-22)
i.
				Adoption assistance negotiation; (3-15-22)
j. Changes in family situation or
				circumstances; (3-15-22)
k. Areas
				of concern during the report period as addressed by each child and the adoptive
				parent(s); and (3-15-22)
l. The
				date of the next required six (6) month review or twelve (12) month permanency
				hearing. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.862 - PETITION TO ADOPT UNDER THE ADOPTION OF CHILDREN ACT

Current through August 31, 2023
01.
Filing a Petition
. When the
				family and the child who was placed for adoption in that home are ready to
				finalize the adoption, the family's attorney files a petition to adopt with the
				court. A copy of that petition is served upon the director of the Department.
				Upon receipt of a copy of the petition to adopt, the family services worker,
				licensed children's adoption agency worker or certified adoption professional
				verifies the allegations set forth in the petition and make a thorough
				investigation of the matter and report the findings in writing to the court
				within thirty (30) days. (3-15-22)
02.
Registration and
				Acknowledgment
. Upon receipt of the petition to adopt, the field office
				registers the petition and acknowledge receipt to the court and to the
				petitioner(s) or private adoption agency. If the licensed adoption agency or
				certified adoption professional who completed the pre-placement home study is
				not identified, the information should be obtained from the petitioner(s)'
				attorney. The register will indicate the date the petition was received, the
				date the study is due in court, the date the completed study was sent to the
				court, whether an Indian child is involved, and other pertinent data.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.870 - REMOVAL OF A CHILD FROM A PROSPECTIVE ADOPTIVE HOME

Current through August 31, 2023
Despite careful assessment of the child and the family prior
				  to placement, circumstances may arise that make it necessary to remove the
				  child from the prospective adoptive home prior to adoption. The child may
				  manifest problems the family is unable to accept or to handle constructively;
				  or changed circumstances may develop that make it inadvisable for the placement
				  to continue. The final decision to remove a child from a prospective adoptive
				  home will be made by the Department as the legal guardian of the child.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.871 - TEMPORARY REPLACEMENT AFTER DISRUPTION

Current through August 31, 2023
When a disruption occurs and it becomes necessary to remove a
				  child from a prospective adoptive home, the field office where the child has
				  been placed is responsible for finding a temporary arrangement for the child
				  until another permanent placement can be arranged. In the case of the adoption
				  of an Indian child, the consent of the parent(s) may be withdrawn for any
				  reason at any time prior to the entry of a final decree of adoption, and the
				  child returned to the parent(s). (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.881 - CLOSURE OF CASE

Current through August 31, 2023
The family services worker must request from the adopting
				  parent(s)' attorney, a certified copy of the final order of adoption, and a
				  copy of the family service worker's executed consent to adoption taken at the
				  time of the adoption finalization. These documents are necessary to close the
				  adoption file and initiate the child's adoption assistance benefits.
				  (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.882 - RECORDS OF PLACEMENT

Current through August 31, 2023
Upon finalization of the adoption, the complete record from
				  the local field office, regarding the child and family will be requested by the
				  State Adoption Program Specialist for permanent storage. Records of adoption
				  involving Indian children must be forwarded by the State Adoption Program
				  Specialist to the Secretary of the Interior. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.883 - POST-LEGAL ADOPTION SERVICES

Current through August 31, 2023
Upon finalization of the adoption, the Department can offer
				  post-legal adoption services upon request, including case management services,
				  referrals for counseling or other supportive services. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › THE ADOPTIVE PLACEMENT › Section 16.06.01.884 - OPENING SEALED RECORDS OF ADOPTIONS

Current through August 31, 2023
In addition to the exceptions noted in Section
				  16-1511, Idaho Code, a sealed
				  adoption proceedings may be opened in the following circumstances according to
				  the Indian Child Welfare Act: (3-15-22)
01.
Motion of an Indian
				Individual
. Upon motion of an Indian individual who has reached the age
				of eighteen (18) and was the subject of an adoption, the court must provide
				tribal affiliation, if any, of the individual's biological parent(s) and other
				information necessary to protect any rights flowing from the individual's
				tribal relationship. (3-15-22)
02.
Request From the Secretary of the Interior or the Indian Child's
				Tribe
. Upon request of the Secretary of the Interior or the Indian
				child's tribe, evidence of efforts to comply with the Indian Child Welfare Act
				must be made available to the parties requesting such information.
				(3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.889 - CERTIFIED ADOPTION PROFESSIONAL REQUIREMENTS

Current through August 31, 2023
An applicant requesting to become a Certified Adoption
				  Professional must meet the following criteria: (3-15-22)
01.
College Degree
. A minimum of
				a bachelor's degree in a field deemed related to adoptions by the Department's
				Child and Family Services Program, such as social work, psychology, family
				counseling or other related behavioral science; (3-15-22)
02.
Adoption Training
. Must have
				completed a minimum of twenty (20) hours of training in adoption services
				within the last four (4) years; (3-15-22)
03.
Department Criminal History and
				Background Clearance
. Must complete a Department criminal history and
				background check in accordance with IDAPA 16.05.06, "Criminal History and
				Background Checks," and receive a clearance; (3-15-22)
04.
License
. A current license
				to practice social work in the state of Idaho; (3-15-22)
05.
Experience
. A minimum of two
				(2) years experience as a paid full-time employee providing adoption services
				with a licensed private or public children's agency; (3-15-22)
06.
References
. Three (3)
				satisfactory references, one (1) of which must be from a previous employer for
				whom the applicant worked providing adoption services; (3-15-22)
07.
Insurance
. Verification of
				malpractice insurance that will provide coverage for the applicant's work as a
				certified adoption professional; and (3-15-22)
08.
Application Fee
. An
				application fee of one hundred dollars ($100) to be reimbursed, less a
				twenty-five dollar ($25) processing fee, in the event the application is
				denied. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.890 - TERMS OF CERTIFICATION FOR ADOPTION PROFESSIONALS

Current through August 31, 2023
01.
Certification
. Certification
				for adoption professionals will be completed through the Division of Family and
				Community Services and will be effective for a period of two (2) years.
				(3-15-22)
02.
Types of
				Certification
. Certified adoption professionals may be certified for
				any, some, or all of the following services: (3-15-22)
a. Adoption home studies for families seeking
				domestic infant adoption. (3-15-22)
b. Adoption home studies for families seeking
				domestic special needs adoption. (3-15-22)
c. Adoption home studies for families seeking
				step-parent or relative adoption. (3-15-22)
d. Court ordered investigations for
				termination of parental rights for domestic private or independent adoptions.
				(3-15-22)
e. Court reports for
				domestic private or independent adoptions. (3-15-22)
f. Supervision of adoptive placements for
				domestic private or independent adoptions. (3-15-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › CERTIFIED ADOPTION PROFESSIONAL › Section 16.06.01.891 - CERTIFIED ADOPTION PROFESSIONAL'S CLIENT RELATIONSHIP

Current through August 31, 2023
A certified adoption professional may not assume a legal
				  relationship with any child for whom they have been contracted to perform
				  services and may not provide services for anyone with whom they have had a
				  personal or professional relationship during the previous two (2) years.
				  (3-15-22)