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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
682
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
TERMINATION
OF
PARENT
AND
CHILD
RELATIONSHIPS;
AMENDING
SECTION
2
16
-
2005,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
CONDITIONS
UNDER
3
WHICH
TERMINATION
MAY
BE
GRANTED;
AND
DECLARING
AN
EMERGENCY
AND
PRO
-
4
VIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
16
-
2005,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
16
-
2005.
CONDITIONS
UNDER
WHICH
TERMINATION
MAY
BE
GRANTED.
9
(1)(a)
The
court
may
grant
an
order
terminating
the
relationship
where
10
it
finds
that
termination
of
parental
rights
is
in
the
best
interests
of
1
1
the
child
and
that
one
(1)
or
more
of
the
following
conditions
exist:
12
(i)
The
parent
has
abandoned
the
child;
13
(ii)
The
parent
has
neglected
or
abused
the
child;
14
(iii)
The
presumptive
parent
is
not
the
biological
parent
of
the
15
child;
16
(iv)
The
parent
is
unable
to
discharge
parental
responsibilities
17
and
such
inability
will
continue
for
a
prolonged
indeterminate
pe
-
18
riod
and
will
be
injurious
to
the
health,
morals
or
well
-
being
of
19
the
child;
or
20
(v)
The
parent
has
been
incarcerated
and
is
likely
to
remain
in
-
21
carcerated
for
a
substantial
period
of
time
during
the
child's
mi
-
22
nority.
23
(b)
For
terminations
arising
from
a
case
filed
pursuant
to
chapter
16,
24
title
16,
Idaho
Code,
additional
factors
that
inform
what
is
in
the
best
25
interest
of
the
child,
beyond
those
otherwise
identified
by
the
courts,
26
include:
27
(i)
The
parent's
efforts
to
improve
the
parent's
capacity
to
28
safely
reunify
with
the
child;
29
(ii)
The
parent's
demonstrated
ability
to
live
a
law
-
abiding
30
life,
excepting
infraction
violations;
and
31
(iii)
When
the
child
has
formed
a
strong
and
positive
bond
with
the
32
child's
substitute
caretaker,
the
strong
and
positive
bond
has
ex
-
33
isted
for
a
substantial
portion
of
the
child's
life,
the
removal
of
34
the
child
from
the
substitute
caretaker
would
likely
cause
serious
35
psychological
harm
to
the
child,
and
the
parent
lacks
the
capacity
36
to
meet
the
needs
of
the
child
upon
removal.
37
(2)
The
court
may
grant
an
order
terminating
the
relationship
and
may
38
rebuttably
presume
that
such
termination
of
parental
rights
is
in
the
best
39
interests
of
the
child
where:
40
(a)
The
parent
caused
the
child
to
be
conceived
as
a
result
of
rape,
41
incest,
lewd
conduct
with
a
minor
child
under
the
age
of
sixteen
(16)
42
2
years,
or
sexual
abuse
of
a
child
under
the
age
of
sixteen
(16)
years,
as
1
defined
in
sections
18
-
6101,
18
-
1508,
18
-
1506,
and
18
-
6601,
Idaho
Code;
2
(b)
The
following
circumstances
are
present:
3
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
4
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
5
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
con
-
6
tinuing
the
relationship
would
result
in
unacceptable
risk
to
the
7
health
and
welfare
of
the
child;
8
(ii)
Sexual
abuse
against
a
child
of
the
parent
,
or
a
conviction
of
9
sexual
abuse
against
any
child
.
Sexual
abuse,
for
the
purposes
of
10
this
section,
includes
any
conduct
described
in
section
18
-
1506,
1
1
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
or
18
-
6604,
Idaho
12
Code;
13
(iii)
Torture
of
a
child;
any
conduct
described
in
the
code
sec
-
14
tions
listed
in
section
18
-
8303(1),
Idaho
Code;
battery
or
an
15
injury
to
a
child
that
results
in
serious
or
great
bodily
in
-
16
jury
to
a
child;
voluntary
manslaughter
of
a
child,
or
aiding
or
17
abetting
such
voluntary
manslaughter,
soliciting
such
voluntary
18
manslaughter
or
attempting
or
conspiring
to
commit
such
voluntary
19
manslaughter;
20
(iv)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
21
solicited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
22
(c)
The
court
determines
the
child
to
be
an
abandoned
infant,
except
in
23
a
parental
termination
action
brought
by
one
(1)
parent
against
another
24
parent.
25
(3)
The
court
shall
not
grant
an
order
terminating
the
relationship
26
based
on
the
child's
immunization
status.
27
(4)
The
court
may
grant
an
order
terminating
the
relationship
if
termi
-
28
nation
is
found
to
be
in
the
best
interest
of
the
parent
and
child.
29
(5)
The
court
may
grant
an
order
terminating
the
relationship
where
a
30
consent
to
termination
in
the
manner
and
form
prescribed
by
this
chapter
has
31
been
filed
by
the
parent
or
parents
of
the
child
in
conjunction
with
a
peti
-
32
tion
for
adoption
initiated
by
the
person
or
persons
proposing
to
adopt
the
33
child,
where
the
consent
to
termination
has
been
filed
by
a
licensed
adop
-
34
tion
agency,
or
where
the
termination
is
initiated
by
the
department
per
-
35
taining
to
a
child
who
is
in
the
legal
custody
of
the
department,
and
no
sub
-
36
sequent
hearing
on
the
merits
of
the
petition
shall
be
held.
Consents
re
-
37
quired
by
this
chapter
must
be
witnessed
by
a
district
judge
or
magistrate
of
38
a
district
court,
or
equivalent
judicial
officer
of
the
state,
where
a
person
39
consenting
resides
or
is
present,
whether
within
or
without
the
county,
and
40
shall
be
substantially
in
the
following
form:
41
IN
THE
DISTRICT
COURT
OF
THE....
JUDICIAL
DISTRICT
OF
THE
STATE
OF
IDAHO,
IN
42
AND
FOR
THE
COUNTY
OF....
43
In
the
matter
of
the
termination
)
44
of
the
parental
rights
of
)
45
...................
)
46
...................
)
47
I
(we),
the
undersigned,
being
the....
of....,
do
hereby
give
my
(our)
48
full
and
free
consent
to
the
complete
and
absolute
termination
of
my
(our)
49
3
parental
right(s),
to
the
said....,
who
was
born....,....,
unto....,
hereby
1
relinquishing
completely
and
forever,
all
legal
rights,
privileges,
du
-
2
ties
and
obligations,
including
all
rights
of
inheritance
to
and
from
the
3
said....,
and
I
(we)
do
hereby
expressly
waive
my
(our)
right(s)
to
hear
-
4
ing
on
the
petition
to
terminate
my
(our)
parental
relationship
with
the
5
said....,
and
respectfully
request
the
petition
be
granted.
6
DATED:....,
20..
7
................
8
STATE
OF
IDAHO
)
9
)
ss.
10
COUNTY
OF....
)
1
1
On
this....
day
of....,
20..,
before
me,
the
undersigned....,....
12
(Judge
or
Magistrate)
of
the
District
Court
of
the....
Judicial
District
of
13
the
state
of
Idaho,
in
and
for
the
county
of....,
personally
appeared....,
14
known
to
me
(or
proved
to
me
on
the
oath
of....)
to
be
the
person(s)
whose
15
name(s)
is
(are)
subscribed
to
the
within
instrument,
and
acknowledged
to
me
16
that
he
(she,
they)
executed
the
same.
17
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
official
18
seal
the
day
and
year
in
this
certificate
first
above
written.
19
......................
(District
Judge
or
Magistrate)
20
(6)
The
court
shall
accept
a
consent
or
a
surrender
and
release
executed
21
in
another
state
if:
22
(a)
It
is
witnessed
by
a
magistrate
or
district
judge
of
the
state
where
23
signed;
or
24
(b)
The
court
receives
an
affidavit
or
a
certificate
from
a
court
of
25
comparable
jurisdiction
stating
that
the
consent
or
the
surrender
and
26
release
was
executed
in
accordance
with
the
laws
of
the
state
in
which
it
27
was
executed,
or
the
court
is
satisfied
by
other
showing
that
the
con
-
28
sent
or
surrender
and
release
was
executed
in
accordance
with
the
laws
29
of
the
state
in
which
it
was
executed.
30
(7)
The
court
shall
accept
a
termination
or
relinquishment
from
a
sis
-
31
ter
state
that
has
been
ordered
by
a
court
of
competent
jurisdiction
under
32
like
proceedings
or
in
any
other
manner
authorized
by
the
laws
of
a
sister
33
state.
In
a
state
where
the
father
has
failed
to
file
notice
of
claim
to
pa
-
34
ternity
and
willingness
to
assume
responsibility
as
provided
for
pursuant
to
35
the
laws
of
such
state,
and
where
such
failure
constitutes
an
abandonment
of
36
such
child
and
constitutes
a
termination
or
relinquishment
of
the
rights
of
37
the
putative
father,
the
court
shall
accept
such
failure
as
a
termination
in
38
this
state
without
further
hearing
on
the
merits
if
the
court
is
satisfied
39
that
such
failure
constitutes
a
termination
or
relinquishment
of
parental
40
rights
pursuant
to
the
laws
of
that
state.
41
(8)
The
court
shall
hold
a
hearing
unless:
42
(a)
A
consent
to
termination
signed
by
the
parent
or
parents
of
the
43
child
has
been
filed
by
an
adoption
agency
licensed
in
the
state
of
44
Idaho;
45
(b)
A
consent
to
termination
was
filed
in
conjunction
with
a
petition
46
for
adoption
of
the
child;
or
47
4
(c)
A
consent
to
termination
signed
by
the
parent
or
parents
of
the
1
child
has
been
filed
and
the
termination
is
initiated
by
the
department
2
pertaining
to
a
child
who
is
in
legal
custody
of
the
department.
3
(9)
If
the
parent
has
a
disability,
as
defined
in
this
chapter,
the
par
-
4
ent
shall
have
the
right
to
provide
evidence
to
the
court
regarding
the
man
-
5
ner
in
which
the
use
of
adaptive
equipment
or
supportive
services
will
enable
6
the
parent
to
carry
out
the
responsibilities
of
parenting
the
child.
Nothing
7
in
this
section
shall
be
construed
to
create
any
new
or
additional
obligation
8
on
state
or
local
governments
to
purchase
or
provide
adaptive
equipment
or
9
supportive
services
for
parents
with
disabilities.
10
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
12
July
1,
2026.
13