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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.
691
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
PROTECTION;
AMENDING
SECTION
16
-
1602,
IDAHO
CODE,
TO
RE
-
2
VISE
A
DEFINITION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
3
TIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
16
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
16
-
1602.
DEFINITIONS.
For
purposes
of
this
chapter:
8
(1)
"Abused"
means
any
case
in
which
a
child
has
been
the
victim
of:
9
(a)
Conduct
or
omission
resulting
in
skin
bruising,
bleeding,
mal
-
10
nutrition,
burns,
fracture
of
any
bone,
head
injury,
soft
tissue
1
1
swelling,
failure
to
thrive
or
death,
and
such
condition
or
death
is
not
12
justifiably
explained,
or
where
the
history
given
concerning
such
con
-
13
dition
or
death
is
at
variance
with
the
degree
or
type
of
such
condition
14
or
death,
or
the
circumstances
indicate
that
such
condition
or
death
may
15
not
be
the
product
of
an
accidental
occurrence;
or
16
(b)
Sexual
conduct,
including
rape,
molestation,
incest,
commercial
17
sexual
activity,
obscene
or
pornographic
photographing,
filming
or
de
-
18
piction
for
commercial
purposes,
human
trafficking
as
defined
in
chap
-
19
ter
86,
title
18,
Idaho
Code,
or
other
similar
forms
of
sexual
exploita
-
20
tion
harming
or
threatening
the
child's
health
or
welfare
or
mental
in
-
21
jury
to
the
child.
22
(2)
"Abandoned"
means
the
failure
of
the
parent
to
maintain
a
normal
23
parental
relationship
with
his
child
including,
but
not
limited
to,
reason
-
24
able
support
or
regular
personal
contact.
Failure
to
maintain
this
rela
-
25
tionship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
26
prima
facie
evidence
of
abandonment.
27
(3)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
28
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
par
-
29
ent
with
a
disability.
30
(4)
"Adjudicatory
hearing"
means
a
hearing
to
determine:
31
(a)
Whether
the
child
comes
under
the
jurisdiction
of
the
court
pur
-
32
suant
to
the
provisions
of
this
chapter;
33
(b)
Whether
continuation
of
the
child
in
the
home
would
be
contrary
to
34
the
child's
welfare
and
whether
the
best
interest
of
the
child
requires
35
protective
supervision
or
vesting
legal
custody
of
the
child
in
an
au
-
36
thorized
agency.
37
(5)
"Age
of
developmentally
appropriate"
means:
38
(a)
Activities
that
are
generally
accepted
as
suitable
for
children
of
39
the
same
chronological
age
or
level
of
maturity
or
that
are
determined
40
to
be
developmentally
appropriate
for
a
child,
based
on
the
development
41
2
of
cognitive,
emotional,
physical
and
behavioral
capacities
that
are
1
typical
for
an
age
or
age
group;
and
2
(b)
In
the
case
of
a
specific
child,
activities
or
items
that
are
suit
-
3
able
for
the
child
based
on
the
developmental
stages
attained
by
the
4
child
with
respect
to
the
cognitive,
emotional,
physical
and
behavioral
5
capacities
of
the
child.
6
(6)
"Aggravated
circumstances"
includes,
but
is
not
limited
to:
7
(a)
Circumstances
in
which
the
parent
has
engaged
in
any
of
the
follow
-
8
ing:
9
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
10
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
1
1
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
that
12
return
of
the
child
to
the
home
would
result
in
unacceptable
risk
13
to
the
health
and
welfare
of
the
child.
14
(ii)
Sexual
abuse
against
a
child
of
the
parent.
Sexual
abuse,
for
15
the
purposes
of
this
section,
includes
any
conduct
described
in
16
section
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
17
or
18
-
6604,
or
chapter
86,
title
18,
Idaho
Code.
18
(iii)
Torture
of
a
child.
Any
conduct
listed
in
section
19
18
-
8303(1),
Idaho
Code;
battery
or
an
injury
to
a
child
that
re
-
20
sults
in
serious
or
great
bodily
injury
to
a
child;
voluntary
21
manslaughter
of
a
child,
or
aiding
or
abetting
such
voluntary
22
manslaughter,
soliciting
such
voluntary
manslaughter
or
attempt
-
23
ing
or
conspiring
to
commit
such
voluntary
manslaughter;
24
(b)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
so
-
25
licited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
26
(c)
The
parental
rights
of
the
parent
to
another
child
have
been
termi
-
27
nated
involuntarily.
28
(7)
"Authorized
agency"
means
the
department,
a
local
agency,
a
person,
29
an
organization,
corporation,
benevolent
society
or
association
licensed
30
or
approved
by
the
department
or
the
court
to
receive
children
for
control,
31
care,
maintenance
or
placement.
32
(8)
"Caregiver"
means
a
foster
parent
with
whom
a
child
in
foster
care
33
has
been
placed
or
a
designated
official
for
a
child
care
institution
in
34
which
a
child
in
foster
care
has
been
placed.
35
(9)
"Case
plan
hearing"
means
a
hearing
to
approve,
modify
or
reject
the
36
case
plan
as
provided
in
section
16
-
1621,
Idaho
Code.
37
(10)
"Child"
means
an
individual
who
is
under
the
age
of
eighteen
(18)
38
years.
39
(11)
"Child
advocacy
center"
or
"CAC"
means
an
organization
that
ad
-
40
heres
to
national
best
practice
standards
established
by
the
national
41
membership
and
accrediting
body
for
children's
advocacy
centers
and
that
42
promotes
a
comprehensive
and
coordinated
multidisciplinary
team
response
to
43
allegations
of
child
abuse
by
maintaining
a
child
-
friendly
facility
at
which
44
appropriate
services
are
provided.
These
services
may
include
forensic
in
-
45
terviews,
forensic
medical
examinations,
mental
health
services
and
other
46
related
victim
services.
47
(12)
"Circumstances
of
the
child"
includes,
but
is
not
limited
to,
the
48
joint
legal
custody
or
joint
physical
custody
of
the
child.
49
(13)
"Commit"
means
to
transfer
legal
and
physical
custody.
50
3
(14)
"Concurrent
planning"
means
a
planning
model
that
prepares
for
and
1
implements
different
outcomes
at
the
same
time.
2
(15)
"Court"
means
district
court
or
magistrate
division
thereof
or,
if
3
the
context
requires,
a
magistrate
or
judge
thereof.
4
(16)
"Custodian"
means
a
person,
other
than
a
parent
or
legal
guardian,
5
to
whom
legal
or
joint
legal
custody
of
the
child
has
been
given
by
court
or
-
6
der.
7
(17)
"Department"
means
the
department
of
health
and
welfare
and
its
au
-
8
thorized
representatives.
9
(18)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
10
physical
impairment
that
substantially
limits
one
(1)
or
more
major
life
1
1
activities
of
the
individual
including,
but
not
limited
to,
self
-
care,
man
-
12
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning
or
working,
or
a
13
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
14
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
15
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
16
disorders,
compulsive
gambling,
kleptomania
or
pyromania.
Sexual
prefer
-
17
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
18
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
19
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
20
used
to
reduce
the
effects
of
the
impairment.
21
(19)
"Family
or
household
member"
shall
have
the
same
meaning
as
in
sec
-
22
tion
39
-
6303(6),
Idaho
Code.
23
(20)
"Foster
care"
means
twenty
-
four
(24)
hour
substitute
parental
care
24
for
children
placed
away
from
their
parents
or
guardians
by
persons
who
may
25
or
may
not
be
related
to
the
children
and
for
whom
the
state
agency
has
place
-
26
ment
and
care
responsibility.
27
(21)
"Foster
parent"
means
a
person
or
persons
licensed
to
provide
fos
-
28
ter
care.
29
(22)
"Grant
administrator"
means
the
supreme
court
or
any
organization
30
or
agency
as
may
be
designated
by
the
supreme
court
in
accordance
with
such
31
procedures
as
may
be
adopted
by
the
supreme
court.
The
grant
administrator
32
shall
administer
funds
from
the
guardian
ad
litem
account
in
accordance
with
33
the
provisions
of
this
chapter.
34
(23)
"Guardian
ad
litem"
means
a
person
appointed
by
the
court
pursuant
35
to
a
guardian
ad
litem
volunteer
program
to
act
as
special
advocate
for
a
36
child
under
this
chapter.
37
(24)
"Guardian
ad
litem
coordinator"
means
a
person
or
entity
receiving
38
moneys
from
the
grant
administrator
for
the
purpose
of
carrying
out
any
of
39
the
duties
set
forth
in
section
16
-
1632,
Idaho
Code.
40
(25)
"Guardian
ad
litem
program"
means
the
program
to
recruit,
train
and
41
coordinate
volunteer
persons
to
serve
as
guardians
ad
litem
for
abused,
ne
-
42
glected
or
abandoned
children.
43
(26)
"Homeless,"
as
used
in
this
chapter,
shall
mean
that
the
child
is
44
without
adequate
shelter
or
other
living
facilities,
and
the
lack
of
such
45
shelter
or
other
living
facilities
poses
a
threat
to
the
health,
safety
or
46
well
-
being
of
the
child.
47
(27)
"Idaho
network
of
children's
advocacy
centers"
means
an
organiza
-
48
tion
that
provides
education
and
technical
assistance
to
child
advocacy
cen
-
49
4
ters
and
to
interagency
multidisciplinary
teams
developed
pursuant
to
sec
-
1
tion
16
-
1617,
Idaho
Code.
2
(28)
"Law
enforcement
agency"
means
a
city
police
department,
the
pros
-
3
ecuting
attorney
of
any
county,
state
law
enforcement
officers,
or
the
of
-
4
fice
of
a
sheriff
of
any
county.
5
(29)
"Legal
custody"
means
a
relationship
created
by
court
order,
which
6
vests
in
a
custodian
the
following
rights
and
responsibilities:
7
(a)
To
have
physical
custody
and
control
of
the
child,
and
to
determine
8
where
and
with
whom
the
child
shall
live.
9
(b)
To
supply
the
child
with
food,
clothing,
shelter
and
incidental
ne
-
10
cessities.
1
1
(c)
To
provide
the
child
with
care,
education
and
discipline.
12
(d)
To
authorize
ordinary
medical,
dental,
psychiatric,
psychologi
-
13
cal,
or
other
remedial
care
and
treatment
for
the
child,
including
care
14
and
treatment
in
a
facility
with
a
program
of
services
for
children,
and
15
to
authorize
surgery
if
the
surgery
is
deemed
by
two
(2)
physicians
li
-
16
censed
to
practice
in
this
state
to
be
necessary
for
the
child.
17
(e)
Where
the
parents
share
legal
custody,
the
custodian
may
be
vested
18
with
the
custody
previously
held
by
either
or
both
parents.
19
(30)
"Mental
injury"
means
a
substantial
impairment
in
the
intellectual
20
or
psychological
ability
of
a
child
to
function
within
a
normal
range
of
per
-
21
formance
and/or
behavior,
for
short
or
long
terms.
22
(31)
(a)
"Neglected"
means
a
child
:
23
(i)
Any
recent
act
or
failure
to
act
on
the
part
of
a
parent,
24
guardian,
or
other
custodian
that
results
in
death,
serious
physi
-
25
cal
or
emotional
harm,
sexual
abuse,
or
exploitation
of
a
child;
26
(ii)
An
act
or
failure
to
act
on
the
part
of
a
parent,
guardian,
or
27
other
custodian
that
presents
an
imminent
risk
of
serious
harm
to
a
28
child;
29
(iii)
A
parent,
guardian,
or
other
custodian
is
unable
to
dis
-
30
charge
the
responsibilities
to
and
for
a
child
and,
as
a
result
of
31
such
inability,
the
child
lacks
the
parental
care
necessary
for
32
the
child's
health,
safety,
or
well
-
being
and
has
suffered
serious
33
harm
or
is
likely
to
suffer
imminent
serious
harm;
34
(iv)
A
child
has
been
placed
for
care
or
adoption
in
violation
of
35
law;
or
36
(v)
A
child
is
without
proper
education
because
of
the
failure
to
37
comply
with
section
33
-
202,
Idaho
Code.
38
(b)
No
child
whose
parent
or
guardian
chooses
for
such
child
a
second
39
opinion,
or
further
information
and
alternatives,
regarding
medical
40
treatment
shall
be
deemed
for
that
reason
alone
to
be
neglected
or
lack
41
the
parental
care
necessary
for
the
child's
health
and
well
-
being.
42
(a)
(c)
Who
is
without
proper
parental
care
and
control,
or
subsis
-
43
tence,
medical
or
other
care
or
control
necessary
for
his
well
-
being
44
because
of
the
conduct
or
omission
of
his
parents,
guardian
or
other
45
custodian
or
their
neglect
or
refusal
to
provide
them;
however,
no
46
No
child
whose
parent
or
guardian
chooses
for
such
child
treatment
by
47
prayers
through
spiritual
means
alone
in
lieu
of
medical
treatment
48
shall
be
deemed
for
that
reason
alone
to
be
neglected
or
lack
parental
49
care
necessary
for
his
health
and
well
-
being
,
but
this
.
50
5
(d)
This
subsection
shall
not
prevent
the
court
from
acting
pursuant
to
1
section
16
-
1627,
Idaho
Code
;
or
.
2
(b)
Whose
parent,
guardian
or
other
custodian
is
unable
to
discharge
3
the
responsibilities
to
and
for
the
child
and,
as
a
result
of
such
in
-
4
ability,
the
child
lacks
the
parental
care
necessary
for
his
health,
5
safety
or
well
-
being;
or
6
(c)
Who
has
been
placed
for
care
or
adoption
in
violation
of
law;
or
7
(d)
Who
is
without
proper
education
because
of
the
failure
to
comply
8
with
section
33
-
202,
Idaho
Code.
9
(32)
"Order
to
prevent
removal,"
as
described
in
section
16
-
1611(5),
10
Idaho
Code,
means
an
order
to
allow
a
child
to
remain
in
the
child's
present
1
1
surroundings
when
there
is
reasonable
cause
to
believe
the
child
is
safe
in
12
the
sole
care
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
and
when
13
there
is
alleged
neglect
or
abuse
by
another
parent,
legal
guardian,
or
legal
14
custodian.
15
(33)
"Permanency
hearing"
means
a
hearing
to
review,
approve,
reject
or
16
modify
the
permanency
plan
of
the
department
and
to
review
reasonable
ef
-
17
forts
in
accomplishing
the
permanency
plan.
18
(34)
"Permanency
plan"
means
a
plan
for
a
continuous
residence
and
main
-
19
tenance
of
nurturing
relationships
during
the
child's
minority.
20
(35)
"Protective
supervision"
is
a
legal
status
created
by
court
order
21
in
a
child
protective
case
whereby
the
child
is
in
the
legal
custody
of
his
or
22
her
parent(s),
guardian(s)
or
other
legal
custodian(s),
subject
to
supervi
-
23
sion
by
the
department.
24
(36)
"Psychotropic
medication"
means
a
drug
prescribed
to
affect
psy
-
25
chological
functioning,
perception,
behavior
or
mood.
Psychotropic
medi
-
26
cations
include,
but
are
not
limited
to,
antidepressants,
mood
stabilizers,
27
antipsychotics,
antianxiety
medications,
sedatives
and
stimulants.
28
(37)
"Qualified
individual"
means
a
trained
professional
or
licensed
29
clinician
who
is
not
connected
to
or
affiliated
with
any
placement
setting
30
in
which
children
are
placed
by
the
department
and
who
is
not
an
employee
of
31
child
and
family
services,
unless
a
waiver
has
been
approved
by
the
autho
-
32
rized
agency.
33
(38)
"Qualified
residential
treatment
program"
means
a
program
that
has
34
a
trauma
-
informed
treatment
model
designed
to
address
the
needs
of
children
35
with
serious
emotional
or
behavioral
disorders
or
disturbances,
is
able
to
36
implement
the
treatment
identified
for
the
child
by
the
assessment
of
the
37
child
required
under
section
16
-
1619A(2),
Idaho
Code,
and
is
licensed
and
38
accredited
in
accordance
with
state
and
federal
law.
39
(39)
"Reasonable
and
prudent
parent
standard"
means
the
standard
of
40
care
characterized
by
careful
and
sensible
parental
decisions
that
main
-
41
tain
the
health,
safety
and
best
interests
of
a
child
while
simultaneously
42
encouraging
the
emotional
and
developmental
growth
of
the
child
that
a
care
-
43
giver
shall
use
when
determining
whether
to
allow
a
child
in
foster
care
44
under
the
responsibility
of
the
state
to
participate
in
extracurricular,
45
enrichment,
cultural
or
social
activities.
46
(40)
"Relative"
means
a
child's
grandparent,
great
grandparent,
aunt,
47
great
aunt,
uncle,
great
uncle,
brother
-
in
-
law,
sister
-
in
-
law,
first
48
cousin,
sibling
and
half
-
sibling.
49
6
(41)
"Residual
parental
rights
and
responsibilities"
means
those
1
rights
and
responsibilities
remaining
with
the
parents
after
the
transfer
of
2
legal
custody
including,
but
not
necessarily
limited
to,
the
right
of
visi
-
3
tation,
the
right
to
consent
to
adoption,
the
right
to
determine
religious
4
affiliation,
the
right
to
family
counseling
when
beneficial,
and
the
respon
-
5
sibility
for
support.
6
(42)
"Shelter
care"
means
places
designated
by
the
department
for
tem
-
7
porary
care
of
children
pending
court
disposition
or
placement.
8
(43)
"Supportive
services,"
as
used
in
this
chapter,
shall
mean
ser
-
9
vices
that
assist
parents
with
a
disability
to
compensate
for
those
aspects
10
of
their
disability
that
affect
their
ability
to
care
for
their
child
and
1
1
that
will
enable
them
to
discharge
their
parental
responsibilities.
The
12
term
includes
specialized
or
adapted
training,
evaluations
or
assistance
13
with
effectively
using
adaptive
equipment
and
accommodations
that
allow
14
parents
with
a
disability
to
benefit
from
other
services
including,
but
not
15
limited
to,
Braille
texts
or
sign
language
interpreters.
16
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
17
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
18
July
1,
2026.
19