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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.
809
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
THE
CHILD
PROTECTIVE
ACT;
AMENDING
SECTION
16
-
1602,
IDAHO
CODE,
2
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
16
-
1615,
IDAHO
CODE,
TO
REVISE
3
TERMINOLOGY;
AMENDING
SECTION
16
-
1619,
IDAHO
CODE,
TO
REVISE
TERMI
-
4
NOLOGY;
AMENDING
SECTION
16
-
1620,
IDAHO
CODE,
TO
REVISE
TERMINOLOGY;
5
AMENDING
SECTION
16
-
1621,
IDAHO
CODE,
TO
REVISE
TERMINOLOGY;
AMENDING
6
SECTION
16
-
1622,
IDAHO
CODE,
TO
REVISE
TERMINOLOGY;
AMENDING
CHAPTER
7
16,
TITLE
16,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
16
-
1625A,
8
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
SCHOOL
OF
ORIGIN
HEAR
-
9
INGS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
16
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
16
-
1602.
DEFINITIONS.
For
purposes
of
this
chapter:
14
(1)
"Abused"
means
any
case
in
which
a
child
has
been
the
victim
of:
15
(a)
Conduct
or
omission
resulting
in
skin
bruising,
bleeding,
mal
-
16
nutrition,
burns,
fracture
of
any
bone,
head
injury,
soft
tissue
17
swelling,
failure
to
thrive
or
death,
and
such
condition
or
death
is
not
18
justifiably
explained,
or
where
the
history
given
concerning
such
con
-
19
dition
or
death
is
at
variance
with
the
degree
or
type
of
such
condition
20
or
death,
or
the
circumstances
indicate
that
such
condition
or
death
may
21
not
be
the
product
of
an
accidental
occurrence;
or
22
(b)
Sexual
conduct,
including
rape,
molestation,
incest,
commercial
23
sexual
activity,
obscene
or
pornographic
photographing,
filming
or
de
-
24
piction
for
commercial
purposes,
human
trafficking
as
defined
in
chap
-
25
ter
86,
title
18,
Idaho
Code,
or
other
similar
forms
of
sexual
exploita
-
26
tion
harming
or
threatening
the
child's
health
or
welfare
or
mental
in
-
27
jury
to
the
child.
28
(2)
"Abandoned"
means
the
failure
of
the
parent
to
maintain
a
normal
29
parental
relationship
with
his
child
including,
but
not
limited
to,
reason
-
30
able
support
or
regular
personal
contact.
Failure
to
maintain
this
rela
-
31
tionship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
32
prima
facie
evidence
of
abandonment.
33
(3)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
34
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
par
-
35
ent
with
a
disability.
36
(4)
"Adjudicatory
hearing"
means
a
hearing
to
determine:
37
(a)
Whether
the
child
comes
under
the
jurisdiction
of
the
court
pur
-
38
suant
to
the
provisions
of
this
chapter;
39
(b)
Whether
continuation
of
the
child
in
the
home
would
be
contrary
to
40
the
child's
welfare
and
whether
the
best
interest
of
the
child
requires
41
2
protective
supervision
or
vesting
legal
custody
of
the
child
in
an
au
-
1
thorized
agency.
2
(5)
"Age
of
developmentally
appropriate"
means:
3
(a)
Activities
that
are
generally
accepted
as
suitable
for
children
of
4
the
same
chronological
age
or
level
of
maturity
or
that
are
determined
5
to
be
developmentally
appropriate
for
a
child,
based
on
the
development
6
of
cognitive,
emotional,
physical
and
behavioral
capacities
that
are
7
typical
for
an
age
or
age
group;
and
8
(b)
In
the
case
of
a
specific
child,
activities
or
items
that
are
suit
-
9
able
for
the
child
based
on
the
developmental
stages
attained
by
the
10
child
with
respect
to
the
cognitive,
emotional,
physical
and
behavioral
1
1
capacities
of
the
child.
12
(6)
"Aggravated
circumstances"
includes,
but
is
not
limited
to:
13
(a)
Circumstances
in
which
the
parent
has
engaged
in
any
of
the
follow
-
14
ing:
15
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
16
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
17
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
that
18
return
of
the
child
to
the
home
would
result
in
unacceptable
risk
19
to
the
health
and
welfare
of
the
child.
20
(ii)
Sexual
abuse
against
a
child
of
the
parent.
Sexual
abuse,
for
21
the
purposes
of
this
section,
includes
any
conduct
described
in
22
section
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
23
or
18
-
6604,
or
chapter
86,
title
18,
Idaho
Code.
24
(iii)
Torture
of
a
child.
Any
conduct
listed
in
section
25
18
-
8303(1),
Idaho
Code;
battery
or
an
injury
to
a
child
that
re
-
26
sults
in
serious
or
great
bodily
injury
to
a
child;
voluntary
27
manslaughter
of
a
child,
or
aiding
or
abetting
such
voluntary
28
manslaughter,
soliciting
such
voluntary
manslaughter
or
attempt
-
29
ing
or
conspiring
to
commit
such
voluntary
manslaughter;
30
(b)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
so
-
31
licited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
32
(c)
The
parental
rights
of
the
parent
to
another
child
have
been
termi
-
33
nated
involuntarily.
34
(7)
"Authorized
agency"
means
the
department,
a
local
agency,
a
person,
35
an
organization,
corporation,
benevolent
society
or
association
licensed
36
or
approved
by
the
department
or
the
court
to
receive
children
for
control,
37
care,
maintenance
or
placement.
38
(8)
"Caregiver"
means
a
foster
parent
with
whom
a
child
in
foster
care
39
has
been
placed
or
a
designated
official
for
a
child
care
institution
in
40
which
a
child
in
foster
care
has
been
placed.
41
(9)
"Case
plan
hearing"
means
a
hearing
to
approve,
modify
or
reject
the
42
case
plan
as
provided
in
section
16
-
1621,
Idaho
Code.
43
(10)
"Child"
means
an
individual
who
is
under
the
age
of
eighteen
(18)
44
years.
45
(11)
"Child
advocacy
center"
or
"CAC"
means
an
organization
that
ad
-
46
heres
to
national
best
practice
standards
established
by
the
national
47
membership
and
accrediting
body
for
children's
advocacy
centers
and
that
48
promotes
a
comprehensive
and
coordinated
multidisciplinary
team
response
to
49
allegations
of
child
abuse
by
maintaining
a
child
-
friendly
facility
at
which
50
3
appropriate
services
are
provided.
These
services
may
include
forensic
in
-
1
terviews,
forensic
medical
examinations,
mental
health
services
and
other
2
related
victim
services.
3
(12)
"Circumstances
of
the
child"
includes,
but
is
not
limited
to,
the
4
joint
legal
custody
or
joint
physical
custody
of
the
child.
5
(13)
"Commit"
means
to
transfer
legal
and
physical
custody.
6
(14)
"Concurrent
planning"
means
a
planning
model
that
prepares
for
and
7
implements
different
outcomes
at
the
same
time.
8
(15)
"Court"
means
district
court
or
magistrate
division
thereof
or,
if
9
the
context
requires,
a
magistrate
or
judge
thereof.
10
(16)
"Custodian"
means
a
person,
other
than
a
parent
or
legal
guardian,
1
1
to
whom
legal
or
joint
legal
custody
of
the
child
has
been
given
by
court
or
-
12
der.
13
(17)
"Department"
means
the
department
of
health
and
welfare
and
its
au
-
14
thorized
representatives.
15
(18)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
16
physical
impairment
that
substantially
limits
one
(1)
or
more
major
life
17
activities
of
the
individual
including,
but
not
limited
to,
self
-
care,
man
-
18
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning
or
working,
or
a
19
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
20
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
21
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
22
disorders,
compulsive
gambling,
kleptomania
or
pyromania.
Sexual
prefer
-
23
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
24
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
25
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
26
used
to
reduce
the
effects
of
the
impairment.
27
(19)
"Family
or
household
member"
shall
have
the
same
meaning
as
in
sec
-
28
tion
39
-
6303(6),
Idaho
Code.
29
(20)
"Foster
care"
means
twenty
-
four
(24)
hour
substitute
parental
care
30
for
children
placed
away
from
their
parents
or
guardians
by
persons
who
may
31
or
may
not
be
related
to
the
children
and
for
whom
the
state
agency
has
place
-
32
ment
and
care
responsibility.
33
(21)
"Foster
parent"
means
a
person
or
persons
licensed
to
provide
fos
-
34
ter
care.
35
(22)
"Grant
administrator"
means
the
supreme
court
or
any
organization
36
or
agency
as
may
be
designated
by
the
supreme
court
in
accordance
with
such
37
procedures
as
may
be
adopted
by
the
supreme
court.
The
grant
administrator
38
shall
administer
funds
from
the
guardian
ad
litem
account
in
accordance
with
39
the
provisions
of
this
chapter.
40
(23)
"Guardian
ad
litem"
means
a
person
appointed
by
the
court
pursuant
41
to
a
guardian
ad
litem
volunteer
program
to
act
as
special
advocate
for
a
42
child
under
this
chapter.
43
(24)
"Guardian
ad
litem
coordinator"
means
a
person
or
entity
receiving
44
moneys
from
the
grant
administrator
for
the
purpose
of
carrying
out
any
of
45
the
duties
set
forth
in
section
16
-
1632,
Idaho
Code.
46
(25)
"Guardian
ad
litem
program"
means
the
program
to
recruit,
train
and
47
coordinate
volunteer
persons
to
serve
as
guardians
ad
litem
for
abused,
ne
-
48
glected
or
abandoned
children.
49
4
(26)
"Homeless,"
as
used
in
this
chapter,
shall
mean
that
the
child
is
1
without
adequate
shelter
or
other
living
facilities,
and
the
lack
of
such
2
shelter
or
other
living
facilities
poses
a
threat
to
the
health,
safety
or
3
well
-
being
of
the
child.
4
(27)
"Idaho
network
of
children's
advocacy
centers"
means
an
organiza
-
5
tion
that
provides
education
and
technical
assistance
to
child
advocacy
cen
-
6
ters
and
to
interagency
multidisciplinary
teams
developed
pursuant
to
sec
-
7
tion
16
-
1617,
Idaho
Code.
8
(28)
"Law
enforcement
agency"
means
a
city
police
department,
the
pros
-
9
ecuting
attorney
of
any
county,
state
law
enforcement
officers,
or
the
of
-
10
fice
of
a
sheriff
of
any
county.
1
1
(29)
"Legal
custody"
means
a
relationship
created
by
court
order,
which
12
vests
in
a
custodian
the
following
rights
and
responsibilities:
13
(a)
To
have
physical
custody
and
control
of
the
child,
and
to
determine
14
where
and
with
whom
the
child
shall
live.
15
(b)
To
supply
the
child
with
food,
clothing,
shelter
and
incidental
ne
-
16
cessities.
17
(c)
To
provide
the
child
with
care,
education
and
discipline.
18
(d)
To
authorize
ordinary
medical,
dental,
psychiatric,
psychologi
-
19
cal,
or
other
remedial
care
and
treatment
for
the
child,
including
care
20
and
treatment
in
a
facility
with
a
program
of
services
for
children,
and
21
to
authorize
surgery
if
the
surgery
is
deemed
by
two
(2)
physicians
li
-
22
censed
to
practice
in
this
state
to
be
necessary
for
the
child.
23
(e)
Where
the
parents
share
legal
custody,
the
custodian
may
be
vested
24
with
the
custody
previously
held
by
either
or
both
parents.
25
(30)
"Mental
injury"
means
a
substantial
impairment
in
the
intellectual
26
or
psychological
ability
of
a
child
to
function
within
a
normal
range
of
per
-
27
formance
and/or
behavior,
for
short
or
long
terms.
28
(31)
"Neglected"
means
a
child:
29
(a)
Who
is
without
proper
parental
care
and
control,
or
subsistence,
30
medical
or
other
care
or
control
necessary
for
his
well
-
being
because
of
31
the
conduct
or
omission
of
his
parents,
guardian
or
other
custodian
or
32
their
neglect
or
refusal
to
provide
them;
however,
no
child
whose
parent
33
or
guardian
chooses
for
such
child
treatment
by
prayers
through
spiri
-
34
tual
means
alone
in
lieu
of
medical
treatment
shall
be
deemed
for
that
35
reason
alone
to
be
neglected
or
lack
parental
care
necessary
for
his
36
health
and
well
-
being,
but
this
subsection
shall
not
prevent
the
court
37
from
acting
pursuant
to
section
16
-
1627,
Idaho
Code;
or
38
(b)
Whose
parent,
guardian
or
other
custodian
is
unable
to
discharge
39
the
responsibilities
to
and
for
the
child
and,
as
a
result
of
such
in
-
40
ability,
the
child
lacks
the
parental
care
necessary
for
his
health,
41
safety
or
well
-
being;
or
42
(c)
Who
has
been
placed
for
care
or
adoption
in
violation
of
law;
or
43
(d)
Who
is
without
proper
education
because
of
the
failure
to
comply
44
with
section
33
-
202,
Idaho
Code.
45
(32)
"Order
to
prevent
removal,"
as
described
in
section
16
-
1611(5),
46
Idaho
Code,
means
an
order
to
allow
a
child
to
remain
in
the
child's
present
47
surroundings
when
there
is
reasonable
cause
to
believe
the
child
is
safe
in
48
the
sole
care
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
and
when
49
5
there
is
alleged
neglect
or
abuse
by
another
parent,
legal
guardian,
or
legal
1
custodian.
2
(33)
"Permanency
hearing"
means
a
hearing
to
review,
approve,
reject
or
3
modify
the
permanency
plan
of
the
department
and
to
review
reasonable
ef
-
4
forts
in
accomplishing
the
permanency
plan.
5
(34)
"Permanency
plan"
means
a
plan
for
a
continuous
residence
and
main
-
6
tenance
of
nurturing
relationships
during
the
child's
minority.
7
(35)
"Protective
supervision"
is
a
legal
status
created
by
court
order
8
in
a
child
protective
case
whereby
the
child
is
in
the
legal
custody
of
his
or
9
her
parent(s),
guardian(s)
or
other
legal
custodian(s),
subject
to
supervi
-
10
sion
by
the
department.
1
1
(36)
"Psychotropic
medication"
means
a
drug
prescribed
to
affect
psy
-
12
chological
functioning,
perception,
behavior
or
mood.
Psychotropic
medi
-
13
cations
include,
but
are
not
limited
to,
antidepressants,
mood
stabilizers,
14
antipsychotics,
antianxiety
medications,
sedatives
and
stimulants.
15
(37)
"Qualified
individual"
means
a
trained
professional
or
licensed
16
clinician
who
is
not
connected
to
or
affiliated
with
any
placement
setting
17
in
which
children
are
placed
by
the
department
and
who
is
not
an
employee
of
18
child
and
family
services,
unless
a
waiver
has
been
approved
by
the
autho
-
19
rized
agency.
20
(38)
"Qualified
residential
treatment
program"
means
a
program
that
has
21
a
trauma
-
informed
treatment
model
designed
to
address
the
needs
of
children
22
with
serious
emotional
or
behavioral
disorders
or
disturbances,
is
able
to
23
implement
the
treatment
identified
for
the
child
by
the
assessment
of
the
24
child
required
under
section
16
-
1619A(2),
Idaho
Code,
and
is
licensed
and
25
accredited
in
accordance
with
state
and
federal
law.
26
(39)
"Reasonable
and
prudent
parent
standard"
means
the
standard
of
27
care
characterized
by
careful
and
sensible
parental
decisions
that
main
-
28
tain
the
health,
safety
and
best
interests
of
a
child
while
simultaneously
29
encouraging
the
emotional
and
developmental
growth
of
the
child
that
a
care
-
30
giver
shall
use
when
determining
whether
to
allow
a
child
in
foster
care
31
under
the
responsibility
of
the
state
to
participate
in
extracurricular,
32
enrichment,
cultural
or
social
activities.
33
(40)
"Relative"
means
a
child's
grandparent,
great
grandparent,
aunt,
34
great
aunt,
uncle,
great
uncle,
brother
-
in
-
law,
sister
-
in
-
law,
first
35
cousin,
sibling
and
half
-
sibling.
36
(41)
"Residual
parental
rights
and
responsibilities"
means
those
37
rights
and
responsibilities
remaining
with
the
parents
after
the
transfer
of
38
legal
custody
including,
but
not
necessarily
limited
to,
the
right
of
visi
-
39
tation,
the
right
to
consent
to
adoption,
the
right
to
determine
religious
40
affiliation,
the
right
to
determine
choice
of
school,
the
right
to
family
41
counseling
when
beneficial,
and
the
responsibility
for
support.
42
(42)
"School
of
origin"
means
the
school
in
which
a
child
is
enrolled
at
43
the
time
of
placement,
including
private
instruction
by
a
parent
or
guardian
44
and
any
other
method
authorized
pursuant
to
section
33
-
202,
Idaho
Code.
45
(42)
(43)
"Shelter
care"
means
places
designated
by
the
department
for
46
temporary
care
of
children
pending
court
disposition
or
placement.
47
(43)
(44)
"Supportive
services,"
as
used
in
this
chapter,
shall
mean
48
services
that
assist
parents
with
a
disability
to
compensate
for
those
as
-
49
pects
of
their
disability
that
affect
their
ability
to
care
for
their
child
50
6
and
that
will
enable
them
to
discharge
their
parental
responsibilities.
The
1
term
includes
specialized
or
adapted
training,
evaluations
or
assistance
2
with
effectively
using
adaptive
equipment
and
accommodations
that
allow
3
parents
with
a
disability
to
benefit
from
other
services
including,
but
not
4
limited
to,
Braille
texts
or
sign
language
interpreters.
5
SECTION
2.
That
Section
16
-
1615,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
16
-
1615.
SHELTER
CARE
HEARING.
(1)
Notwithstanding
any
other
provi
-
8
sion
of
this
chapter,
when
a
child
is
taken
into
shelter
care
pursuant
to
sec
-
9
tion
16
-
1608
or
16
-
1611,
Idaho
Code,
a
hearing
to
determine
whether
the
child
10
should
be
released
shall
be
held
according
to
the
provisions
of
this
section.
1
1
(2)
Each
of
the
parents
or
custodian
from
whom
the
child
was
removed
12
shall
be
given
notice
of
the
shelter
care
hearing.
Such
notice
shall
include
13
the
time,
place,
and
purpose
of
the
hearing;
and,
that
such
person
is
enti
-
14
tled
to
be
represented
by
legal
counsel.
Notice
as
required
by
this
subsec
-
15
tion
shall
be
given
at
least
twenty
-
four
(24)
hours
before
the
shelter
care
16
hearing.
17
(3)
Notice
of
the
shelter
care
hearing
shall
be
given
to
the
parents
or
18
custodian
from
whom
the
child
was
removed
by
personal
service
and
the
return
19
of
service
shall
be
filed
with
the
court
and
to
any
person
having
joint
legal
20
or
physical
custody
of
the
subject
child.
Provided,
however,
that
such
ser
-
21
vice
need
not
be
made
where
the
undelivered
notice
is
returned
to
the
court
22
along
with
an
affidavit
stating
that
such
parents
or
custodian
could
not
be
23
located
or
were
out
of
the
state.
24
(4)
The
shelter
care
hearing
may
be
continued
for
a
reasonable
time
upon
25
request
by
the
parent,
custodian
or
counsel
for
the
child.
26
(5)
If,
upon
the
completion
of
the
shelter
care
hearing,
it
is
shown
27
that:
28
(a)
A
petition
has
been
filed;
and
29
(b)
There
is
reasonable
cause
to
believe
the
child
comes
within
the
ju
-
30
risdiction
of
the
court
under
this
chapter
and
either:
31
(i)
The
department
made
reasonable
efforts
to
eliminate
the
need
32
for
shelter
care
but
the
efforts
were
unsuccessful;
or
33
(ii)
The
department
made
reasonable
efforts
to
eliminate
the
need
34
for
shelter
care
but
was
not
able
to
safely
provide
preventive
ser
-
35
vices;
and
36
(c)
The
child
could
not
be
placed
in
the
temporary
sole
custody
of
a
par
-
37
ent
having
joint
legal
or
physical
custody;
and
38
(d)
It
is
contrary
to
the
welfare
of
the
child
to
remain
in
the
home;
and
39
(e)
It
is
in
the
best
interests
of
the
child
to
remain
in
temporary
shel
-
40
ter
care
pending
the
conclusion
of
the
adjudicatory
hearing.
41
The
court
shall
issue,
within
twenty
-
four
(24)
hours
of
such
hearing,
a
shel
-
42
ter
care
order
placing
the
child
in
the
temporary
legal
custody
of
the
de
-
43
partment
or
other
authorized
agency.
Any
evidence
may
be
considered
by
the
44
court
which
is
of
the
type
which
reasonable
people
may
rely
upon.
45
(6)
Upon
finding
reasonable
cause
pursuant
to
subsection
(5)(b)
of
this
46
section,
the
court
shall
order
an
adjudicatory
hearing
to
be
held
as
soon
as
47
possible,
but
in
no
event
later
than
thirty
(30)
days
from
the
date
the
peti
-
48
7
tion
was
filed.
In
addition,
the
court
shall
inquire
whether
there
is
reason
1
to
believe
that
the
child
is
an
Indian
child.
2
(7)
Upon
entry
of
an
order
of
shelter
care,
the
court
shall
inquire:
3
(a)
If
the
child
is
of
school
age,
about
the
department's
efforts
to
4
keep
the
child
in
the
school
at
which
the
child
is
currently
enrolled
of
5
origin
;
and
6
(b)
If
a
sibling
group
was
removed
from
their
home,
about
the
depart
-
7
ment's
efforts
to
place
the
siblings
together,
or
if
the
department
has
8
not
placed
or
will
not
be
placing
the
siblings
together,
about
a
plan
9
to
ensure
frequent
visitation
or
ongoing
interaction
among
the
sib
-
10
lings,
unless
visitation
or
ongoing
interaction
would
be
contrary
to
1
1
the
safety
or
well
-
being
of
one
(1)
or
more
of
the
siblings.
12
(8)
If
the
court
does
not
find
that
the
child
should
be
placed
in
or
re
-
13
main
in
shelter
care
under
subsection
(5)
of
this
section,
the
child
shall
be
14
released.
15
(9)
If
the
court
does
not
find
reasonable
cause
pursuant
to
subsection
16
(5)(b)
of
this
section,
the
court
shall
dismiss
the
petition.
17
SECTION
3.
That
Section
16
-
1619,
Idaho
Code,
be,
and
the
same
is
hereby
18
amended
to
read
as
follows:
19
16
-
1619.
ADJUDICATORY
HEARING
-
-
CONDUCT
OF
HEARING
-
-
CONSOLIDA
-
20
TION.
(1)
When
a
petition
has
been
filed,
the
court
shall
set
an
adjudicatory
21
hearing
to
be
held
no
later
than
thirty
(30)
days
after
the
filing
of
the
22
petition.
23
(2)
A
pretrial
conference
shall
be
held
outside
the
presence
of
the
24
court
within
three
(3)
to
five
(5)
days
before
the
adjudicatory
hearing.
25
Investigative
reports
required
under
section
16
-
1616,
Idaho
Code,
shall
be
26
delivered
to
the
court
with
copies
to
each
of
the
parents
and
other
legal
cus
-
27
todians,
guardian
ad
litem
and
attorney
for
the
child
prior
to
the
pretrial
28
conference.
29
(3)
At
the
adjudicatory
hearing,
parents
or
guardians
with
disabil
-
30
ities
shall
have
the
right
to
introduce
admissible
evidence
regarding
how
31
use
of
adaptive
equipment
or
supportive
services
may
enable
the
parent
or
32
guardian
to
carry
out
the
responsibilities
of
parenting
the
child
by
ad
-
33
dressing
the
reason
for
the
removal
of
the
child.
34
(4)
If
a
preponderance
of
the
evidence
at
the
adjudicatory
hearing
35
shows
that
the
child
comes
within
the
court's
jurisdiction
under
this
chap
-
36
ter
upon
the
grounds
set
forth
in
section
16
-
1603,
Idaho
Code,
the
court
37
shall
so
decree
and
in
its
decree
shall
make
a
finding
on
the
record
of
the
38
facts
and
conclusions
of
law
upon
which
it
exercises
jurisdiction
over
the
39
child.
40
(5)
Upon
entering
its
decree,
the
court
shall
consider
any
information
41
relevant
to
the
disposition
of
the
child
but
in
any
event
shall:
42
(a)
Place
the
child
under
the
protective
supervision
of
the
department
43
for
an
indeterminate
period
not
to
exceed
the
child's
eighteenth
birth
-
44
day;
or
45
(b)
Vest
legal
custody
in
the
department
or
other
authorized
agency
46
subject
to
residual
parental
rights
and
subject
to
full
judicial
re
-
47
view
by
the
court
and,
when
contested
by
any
party,
judicial
approval
48
of
all
matters
relating
to
the
custody
of
the
child
by
the
department
49
8
or
other
authorized
agency.
If
the
department
has
placed
the
child
in
1
a
qualified
residential
treatment
program,
the
court
shall
approve
or
2
disapprove
the
placement
within
sixty
(60)
days
of
placement
in
accor
-
3
dance
with
section
16
-
1619A,
Idaho
Code.
4
(6)
If
the
court
vests
legal
custody
in
the
department
or
other
autho
-
5
rized
agency,
the
court
shall
make
detailed
written
findings
based
on
facts
6
in
the
record
that,
in
addition
to
the
findings
required
in
subsection
(4)
of
7
this
section,
continuation
of
residence
in
the
home
would
be
contrary
to
the
8
welfare
of
the
child
and
that
vesting
legal
custody
with
the
department
or
9
other
authorized
agency
would
be
in
the
best
interests
of
the
child.
In
ad
-
10
dition,
the
court
shall
make
detailed
written
findings
based
on
facts
in
the
1
1
record
as
to
whether
the
department
made
reasonable
efforts
to
prevent
the
12
placement
of
the
child
in
foster
care,
including
findings,
when
appropriate,
13
that:
14
(a)
Reasonable
efforts
were
made
but
were
not
successful
in
eliminating
15
the
need
for
foster
care
placement
of
the
child;
16
(b)
The
department
made
reasonable
efforts
to
prevent
removal
but
was
17
not
able
to
safely
provide
preventive
services;
18
(c)
Reasonable
efforts
to
temporarily
place
the
child
with
related
per
-
19
sons
were
made
but
were
not
successful;
or
20
(d)
Reasonable
efforts
to
reunify
the
child
with
one
(1)
or
both
parents
21
were
not
required
because
aggravated
circumstances
were
present.
If
22
aggravated
circumstances
are
found,
a
permanency
hearing
for
the
child
23
shall
be
held
within
thirty
(30)
days
of
the
determination
of
aggravated
24
circumstances.
25
(7)(a)
The
court
shall
also
inquire
regarding:
26
(i)
Whether
there
is
reason
to
believe
that
the
child
is
an
Indian
27
child;
28
(ii)
The
efforts
that
have
been
made
since
the
last
hearing
to
de
-
29
termine
whether
the
child
is
an
Indian
child;
and
30
(iii)
The
department's
efforts
to
work
with
all
tribes
of
which
the
31
child
may
be
a
member
to
verify
whether
the
child
is
a
member
or
el
-
32
igible
for
membership.
33
(b)
In
addition,
if
the
court
vests
legal
custody
of
the
child
in
the
34
department
or
other
authorized
agency,
the
court
shall
inquire
as
to:
35
(i)
If
the
child
is
of
school
age,
the
department's
efforts
to
36
keep
the
child
in
the
school
at
which
the
child
is
currently
en
-
37
rolled
of
origin
;
and
38
(ii)
If
a
sibling
group
was
removed
from
the
home,
the
depart
-
39
ment's
efforts
to
place
the
siblings
together,
or
if
the
depart
-
40
ment
has
not
placed
or
will
not
be
placing
the
siblings
together,
41
about
a
plan
to
ensure
frequent
visitation
or
ongoing
interac
-
42
tion
among
the
siblings,
unless
visitation
or
ongoing
interaction
43
would
be
contrary
to
the
safety
or
well
-
being
of
one
(1)
or
more
of
44
the
siblings.
45
(c)
If
the
court
vests
legal
custody
of
the
child
in
the
department
46
or
other
authorized
agency
and
the
child
is
being
treated
with
psy
-
47
chotropic
medication,
these
additional
requirements
shall
apply:
48
9
(i)
The
department
shall
report
to
the
court
the
medications
and
1
dosages
prescribed
for
the
child
and
the
medical
professional
who
2
prescribed
the
medication;
and
3
(ii)
The
court
shall
inquire
about
and
may
make
any
additional
in
-
4
quiry
relevant
to
the
use
of
psychotropic
medications.
5
(8)
A
decree
vesting
legal
custody
in
the
department
shall
be
binding
6
upon
the
department
and
may
continue
until
the
child's
eighteenth
birthday.
7
(9)
A
decree
vesting
legal
custody
in
an
authorized
agency
other
than
8
the
department
shall
be
for
a
period
of
time
not
to
exceed
the
child's
eigh
-
9
teenth
birthday
and
on
such
other
terms
as
the
court
shall
state
in
its
decree
10
to
be
in
the
best
interests
of
the
child
and
which
the
court
finds
to
be
ac
-
1
1
ceptable
to
such
authorized
agency.
12
(10)
If
the
court
does
not
find
that
the
child
comes
within
the
juris
-
13
diction
of
this
chapter
pursuant
to
subsection
(4)
of
this
section,
it
shall
14
dismiss
the
petition.
15
(11)
Where
legal
custody
of
a
child
is
vested
in
the
department,
any
16
party
or
counsel
for
a
child
may,
at
or
after
the
disposition
phase
of
an
17
adjudicatory
hearing,
file
and
serve
a
written
motion
to
contest
matters
18
relating
to
the
placement
of
the
child
by
the
department.
The
hearing
must
19
be
held
no
later
than
thirty
(30)
days
from
the
date
the
motion
was
filed.
If
20
the
court
approves
the
placement,
the
court
shall
enter
an
order
denying
the
21
motion.
If
the
court
does
not
approve
the
placement,
the
court
shall
enter
22
an
order
directing
the
department
to
identify
and
implement
an
alternative
23
placement
in
accordance
with
applicable
law.
The
court
shall
consider
ev
-
24
erything
necessary
or
proper
in
the
best
interests
of
the
children.
The
25
court
shall
consider
all
relevant
factors,
which
may
include:
26
(a)
The
wishes
of
the
child
regarding
the
child's
custodian;
27
(b)
The
wishes
of
the
child's
parent
or
parents
regarding
the
child's
28
custody,
if
appropriate;
29
(c)
The
interaction
and
interrelationship
of
the
child
with
his
parent
30
or
parents
or
foster
parent
or
foster
parents,
and
the
child's
siblings;
31
(d)
The
child's
adjustment
to
his
home,
school
and
community;
32
(e)
The
character
and
circumstances
of
all
individuals
involved;
33
(f)
The
need
to
promote
continuity
and
stability
in
the
life
of
the
34
child;
and
35
(g)
A
history
of
domestic
violence
as
defined
in
section
39
-
6303,
Idaho
36
Code,
whether
or
not
in
the
presence
of
the
child,
or
a
conviction
for
37
lewd
and
lascivious
conduct
or
felony
injury
to
a
child.
38
SECTION
4.
That
Section
16
-
1620,
Idaho
Code,
be,
and
the
same
is
hereby
39
amended
to
read
as
follows:
40
16
-
1620.
FINDING
OF
AGGRAVATED
CIRCUMSTANCES
-
-
PERMANENCY
PLAN
-
-
41
HEARING.
(1)
After
a
judicial
determination
that
reasonable
efforts
to
re
-
42
turn
the
child
to
his
home
are
not
required
because
aggravated
circumstances
43
were
found
to
be
present,
the
court
shall
hold
a
permanency
hearing
within
44
thirty
(30)
days
after
the
finding
and
every
twelve
(12)
months
thereafter
45
for
as
long
as
the
court
has
jurisdiction.
The
department
shall
prepare
a
46
permanency
plan
and
file
the
permanency
plan
with
the
court
at
least
five
(5)
47
days
prior
to
the
permanency
hearing.
If
the
permanency
plan
has
a
goal
of
48
termination
of
parental
rights
and
adoption,
the
department
shall
file
the
49
10
petition
to
terminate
as
required
in
section
16
-
1624(2),
Idaho
Code.
Copies
1
of
the
permanency
plan
shall
be
delivered
to
the
parents
and
other
legal
2
guardians,
prosecuting
attorney
or
deputy
attorney
general,
the
guardian
ad
3
litem
and
attorney
for
the
child.
4
(2)
The
permanency
plan
shall
have
a
permanency
goal
of
termination
of
5
parental
rights
and
adoption,
guardianship
or,
for
youth
age
sixteen
(16)
6
years
and
older
only,
another
planned
permanent
living
arrangement
and
shall
7
set
forth
the
reasonable
efforts
necessary
to
finalize
the
permanency
goal.
8
(3)
The
permanency
plan
shall
also:
9
(a)
Identify
the
services
to
be
provided
to
the
child,
including
ser
-
10
vices
to
identify
and
meet
any
educational,
emotional,
physical
or
de
-
1
1
velopmental
needs
the
child
may
have,
to
assist
the
child
in
adjusting
12
to
the
placement
or
to
ensure
the
stability
of
the
placement;
13
(b)
Address
all
options
for
permanent
placement
of
the
child,
including
14
consideration
of
options
for
in
-
state
and
out
-
of
-
state
placement
of
the
15
child;
16
(c)
Address
the
advantages
and
disadvantages
of
each
option
and
include
17
a
recommendation
as
to
which
option
is
in
the
child's
best
interests;
18
(d)
Specifically
identify
the
actions
necessary
to
implement
the
rec
-
19
ommended
option;
20
(e)
Specifically
set
forth
a
schedule
for
accomplishing
the
actions
21
necessary
to
implement
the
permanency
goal;
22
(f)
Address
the
options
for
maintaining
the
child's
connection
to
the
23
community,
including
individuals
with
a
significant
relationship
to
24
the
child,
and
organizations
or
community
activities
with
which
the
25
child
has
a
significant
connection.
This
shall
also
include
the
efforts
26
made
to
ensure
educational
stability
for
the
child,
the
efforts
to
keep
27
the
child
in
the
school
in
which
the
child
is
enrolled
at
the
time
of
28
placement
of
origin,
or
the
reasons
why
remaining
in
that
school
is
not
29
in
the
best
interests
of
the
child;
30
(g)
Document
that
siblings
were
placed
together
or,
if
siblings
were
31
not
placed
together,
document
the
efforts
made
to
place
siblings
to
-
32
gether,
the
reasons
why
siblings
were
not
placed
together,
and
a
plan
33
for
ensuring
frequent
visitation
or
ongoing
interaction
between
the
34
siblings,
unless
visitation
or
ongoing
interaction
would
be
contrary
to
35
the
safety
or
well
-
being
of
one
(1)
or
more
of
the
siblings;
36
(h)
For
youth
age
fourteen
(14)
years
and
older:
37
(i)
Identify
the
services
needed
to
assist
the
youth
to
make
the
38
transition
from
foster
care
to
successful
adulthood;
and
39
(ii)
Document
the
youth's
rights
in
regard
to
education,
health,
40
visitation,
court
participation
and
receipt
of
an
annual
credit
41
report,
including
a
signed
acknowledgment
by
the
department
that
42
the
youth
was
provided
with
a
written
copy
of
these
rights
and
that
43
the
rights
were
explained
to
the
youth
in
an
age
-
appropriate
or
de
-
44
velopmentally
appropriate
manner;
45
(i)
For
youth
age
sixteen
(16)
years
and
older
with
a
proposed
perma
-
46
nency
goal
of
another
planned
permanent
living
arrangement,
document:
47
(i)
The
intensive,
ongoing,
and,
as
of
the
date
of
the
hearing,
48
unsuccessful
efforts
made
to
place
the
youth
with
a
parent,
in
an
49
adoptive
placement,
in
a
guardianship,
or
in
the
legal
custody
of
50
11
the
department
in
a
placement
with
a
fit
and
willing
relative,
in
-
1
cluding
an
adult
sibling;
2
(ii)
Why
another
planned
permanent
living
arrangement
is
the
best
3
permanency
plan
for
the
youth
and
compelling
reasons
why,
as
of
4
the
date
of
the
permanency
hearing,
it
would
not
be
in
the
best
in
-
5
terests
of
the
youth
to
be
placed
permanently
with
a
parent,
in
an
6
adoptive
placement,
in
a
guardianship,
or
in
the
legal
custody
of
7
the
department
in
a
placement
with
a
fit
and
willing
relative,
in
-
8
cluding
an
adult
sibling;
9
(iii)
The
steps
that
the
department
has
taken
to
ensure
that
the
10
youth's
foster
parents
or
child
care
institution
are
following
the
1
1
reasonable
and
prudent
parent
standard
when
determining
whether
12
to
allow
the
youth
in
their
care
to
participate
in
extracurricu
-
13
lar,
enrichment,
cultural
and
social
activities;
and
14
(iv)
The
opportunities
provided
to
the
youth
to
engage
in
age
-
ap
-
15
propriate
or
developmentally
appropriate
activities;
16
(j)
If
there
is
reason
to
believe
the
child
is
an
Indian
child
and
there
17
has
been
no
final
determination
as
to
the
child's
status
as
an
Indian
18
child,
document:
19
(i)
The
efforts
made
to
determine
whether
the
child
is
an
Indian
20
child;
and
21
(ii)
The
department's
efforts
to
work
with
all
tribes
of
which
the
22
child
may
be
a
member
to
verify
whether
the
child
is
a
member
or
el
-
23
igible
for
membership;
and
24
(k)
Identify
the
prospective
adoptive
parents,
if
known;
if
the
25
prospective
adoptive
parents
are
not
known,
the
department
shall
amend
26
the
plan
to
name
the
proposed
adoptive
parents
as
soon
as
such
persons
27
become
known.
28
(4)
The
court
shall
hold
a
permanency
hearing
to
determine
whether
the
29
best
interests
of
the
child
are
served
by
adopting,
rejecting
or
modifying
30
the
permanency
plan
proposed
by
the
department.
At
each
permanency
hearing:
31
(a)
For
youth
age
twelve
(12)
years
and
older,
unless
good
cause
is
32
shown,
the
court
shall
ask
the
youth
about
his
desired
permanency
out
-
33
come
and
consult
with
the
youth
about
his
current
permanency
plan;
34
(b)
If
there
is
reason
to
believe
that
the
child
is
an
Indian
child
and
35
there
has
not
been
a
final
determination
regarding
the
child's
status
as
36
an
Indian
child,
the
court
shall:
37
(i)
Inquire
about
the
efforts
that
have
been
made
since
the
last
38
hearing
to
determine
whether
the
child
is
an
Indian
child;
and
39
(ii)
Determine
that
the
department
is
using
active
efforts
to
work
40
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
whether
41
the
child
is
a
member
or
eligible
for
membership;
42
(c)
If
the
child
is
being
treated
with
psychotropic
medication,
these
43
additional
requirements
shall
apply:
44
(i)
The
department
shall
report
to
the
court
the
medication
and
45
dosage
prescribed
for
the
child
and
the
medical
professional
who
46
prescribed
the
medication;
and
47
(ii)
The
court
shall
inquire
as
to,
and
may
make
any
additional
48
inquiry
relevant
to,
the
use
of
psychotropic
medication;
and
49
12
(d)
If
a
child
is
in
the
legal
custody
of
the
department
and
the
court
1
has
approved
placement
of
the
child
in
a
qualified
residential
treat
-
2
ment
program,
then
at
each
hearing
pursuant
to
this
section
and
each
3
hearing
held
pursuant
to
section
16
-
1622,
Idaho
Code,
the
department
4
shall
document:
5
(i)
That
ongoing
assessment
of
the
strengths
and
needs
of
the
6
child
continues
to
support
the
determination
that
the
needs
of
7
the
child
cannot
be
met
through
placement
in
a
foster
family
home,
8
that
the
placement
in
a
qualified
residential
treatment
program
9
provides
the
most
effective
and
appropriate
level
of
care
for
the
10
child
that
is
in
the
least
restrictive
environment,
and
that
the
1
1
placement
is
consistent
with
the
short
-
and
long
-
term
goals
for
12
the
child,
as
specified
in
the
permanency
plan
for
the
child;
13
(ii)
The
specific
treatment
or
service
needs
that
will
be
met
for
14
the
child
in
the
placement
and
the
length
of
time
the
child
is
ex
-
15
pected
to
need
the
treatment
or
services;
and
16
(iii)
The
efforts
made
by
the
department
to
prepare
the
child
to
17
return
home
or
to
be
placed
with
a
fit
and
willing
relative,
with
18
a
legal
guardian,
with
an
adoptive
parent,
or
in
a
foster
family
19
home.
20
(5)
Notice
of
the
permanency
hearing
shall
be
provided
to
the
parents
21
and
other
legal
guardians,
prosecuting
attorney
or
deputy
attorney
general,
22
guardian
ad
litem,
attorney
for
the
child,
the
department
and
foster
par
-
23
ents;
provided
however,
that
foster
parents
are
not
thereby
made
parties
to
24
the
child
protective
act
action.
25
(6)
The
permanency
plan
as
approved
by
the
court
shall
be
entered
into
26
the
record
as
an
order
of
the
court.
The
order
may
include
interim
and
fi
-
27
nal
deadlines
for
implementing
the
permanency
plan
and
finalizing
the
perma
-
28
nency
goal.
29
(7)
For
youth
with
a
proposed
or
current
permanency
goal
of
another
30
planned
permanent
living
arrangement,
at
each
permanency
hearing
the
court
31
shall
make
written,
case
-
specific
findings
that
as
of
the
date
of
the
perma
-
32
nency
hearing
another
planned
permanent
living
arrangement
is
the
best
per
-
33
manency
plan
for
the
youth
and
that
there
are
compelling
reasons
why
it
is
not
34
in
the
youth's
best
interests
to
be
placed
permanently
with
a
parent,
in
an
35
adoptive
placement,
in
a
guardianship,
or
in
the
legal
custody
of
the
depart
-
36
ment
in
a
placement
with
a
fit
and
willing
relative,
including
an
adult
sib
-
37
ling.
38
(8)
The
court
may
authorize
the
department
to
suspend
further
efforts
39
to
reunify
the
child
with
the
child's
parent,
pending
further
order
of
the
40
court,
when
a
petition
or
other
motion
is
filed
in
a
child
protection
pro
-
41
ceeding
seeking
a
determination
of
the
court
that
aggravated
circumstances
42
were
present.
43
SECTION
5.
That
Section
16
-
1621,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
16
-
1621.
CASE
PLAN
HEARING
-
-
NO
FINDING
OF
AGGRAVATED
CIRCUM
-
46
STANCES.
(1)
In
every
case
in
which
the
child
is
determined
to
be
within
47
the
jurisdiction
of
the
court
and
there
is
no
judicial
determination
that
48
aggravated
circumstances
were
present,
the
department
shall
prepare
a
writ
-
49
13
ten
case
plan,
including
cases
in
which
the
parent(s)
is
incarcerated.
The
1
court
shall
schedule
a
case
plan
hearing
to
be
held
within
thirty
(30)
days
2
after
the
adjudicatory
hearing.
The
case
plan
shall
be
filed
with
the
court
3
no
later
than
five
(5)
days
prior
to
the
case
plan
hearing.
Copies
of
the
4
case
plan
shall
be
delivered
to
the
parents
and
other
legal
guardians,
the
5
prosecuting
attorney
or
deputy
attorney
general,
the
guardian
ad
litem
and
6
attorney
for
the
child.
7
(a)
The
court
shall
hold
a
case
plan
hearing
to
determine
whether
the
8
best
interests
of
the
child
are
served
by
adopting,
rejecting
or
modify
-
9
ing
the
case
plan
proposed
by
the
department.
10
(b)
If
there
is
reason
to
believe
that
the
child
is
an
Indian
child
and
1
1
there
has
not
been
a
final
determination
regarding
the
child's
status
as
12
an
Indian
child,
the
court
shall:
13
(i)
Inquire
about
the
efforts
that
have
been
made
since
the
last
14
hearing
to
determine
whether
the
child
is
an
Indian
child;
and
15
(ii)
Determine
that
the
department
is
using
active
efforts
to
work
16
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
whether
17
the
child
is
a
member
or
eligible
for
membership.
18
(c)
If
the
child
is
being
treated
with
psychotropic
medication,
the
19
court
shall
inquire
as
to,
and
may
make
any
additional
inquiry
relevant
20
to,
the
use
of
psychotropic
medication.
21
(2)
Notice
of
the
case
plan
hearing
shall
be
provided
to
the
parents
and
22
other
legal
guardians,
the
prosecuting
attorney
or
deputy
attorney
general,
23
guardian
ad
litem,
attorney
for
the
child,
the
department,
and
foster
par
-
24
ents.
Although
foster
parents
are
provided
notice
of
this
hearing,
they
are
25
not
parties
to
the
child
protective
act
action.
26
(3)
If
the
child
is
placed
in
the
legal
custody
of
the
department,
the
27
case
plan
filed
by
the
department
shall
set
forth
reasonable
efforts
that
28
will
be
made
to
make
it
possible
for
the
child
to
return
home.
The
case
plan
29
shall
also:
30
(a)
Identify
the
services
to
be
provided
to
the
child,
including
ser
-
31
vices
to
identify
and
meet
any
educational,
emotional,
physical
or
de
-
32
velopmental
needs
the
child
may
have,
and
to
assist
the
child
in
adjust
-
33
ing
to
the
placement
or
to
ensure
the
stability
of
the
placement.
For
34
youth
age
fourteen
(14)
years
and
older:
35
(i)
Identify
the
services
needed
to
assist
the
youth
in
making
the
36
transition
to
successful
adulthood;
and
37
(ii)
Document
the
youth's
rights
in
regard
to
education
and
38
health,
visitation,
court
participation
and
receipt
of
an
an
-
39
nual
credit
report,
including
a
signed
acknowledgment
by
the
40
department
that
the
youth
was
provided
with
a
written
copy
of
41
these
rights
and
that
the
rights
were
explained
to
the
youth
in
an
42
age
-
appropriate
or
developmentally
appropriate
manner;
43
(b)
Address
the
options
for
maintaining
the
child's
connection
to
the
44
community:
45
(i)
Include
connections
to
individuals
with
a
significant
rela
-
46
tionship
to
the
child
and
organizations
or
community
activities
47
with
which
the
child
has
a
significant
connection;
48
(ii)
Ensure
educational
stability
for
the
child,
including
the
49
efforts
to
keep
the
child
in
the
school
in
which
the
child
is
en
-
50
14
rolled
at
the
time
of
placement
of
origin
or
the
reasons
why
re
-
1
maining
in
that
school
is
not
in
the
best
interests
of
the
child;
2
(iii)
Include
a
visitation
plan
and
identify
the
need
for
supervi
-
3
sion
of
visitation
and
child
support;
4
(iv)
Either
document
that
siblings
were
placed
together
or,
if
5
siblings
were
not
placed
together,
document
the
efforts
made
to
6
place
the
siblings
together,
the
reasons
why
siblings
were
not
7
placed
together
and
a
plan
for
ensuring
frequent
visitation
or
8
other
ongoing
interaction
among
siblings,
unless
visitation
or
9
ongoing
interaction
would
be
contrary
to
the
safety
or
well
-
being
10
of
one
(1)
or
more
of
the
siblings;
and
1
1
(v)
If
there
is
reason
to
believe
the
child
is
an
Indian
child
and
12
there
has
been
no
final
determination
as
to
the
child's
status
as
13
an
Indian
child,
document:
14
1.
The
efforts
made
to
determine
whether
the
child
is
an
In
-
15
dian
child;
and
16
2.
The
department's
efforts
to
work
with
all
tribes
of
which
17
the
child
may
be
a
member
to
verify
whether
the
child
is
a
18
member
or
eligible
for
membership;
19
(c)
Include
a
goal
of
reunification
and
a
plan
for
achieving
that
20
goal.
The
reunification
plan
shall
identify
all
issues
that
need
to
21
be
addressed
before
the
child
can
safely
be
returned
home
without
de
-
22
partment
supervision.
The
court
may
specifically
identify
issues
to
23
be
addressed
by
the
plan.
The
reunification
plan
shall
specifically
24
identify
the
tasks
to
be
completed
by
the
department,
each
parent
or
25
others
to
address
each
issue,
including
services
to
be
made
available
26
by
the
department
to
the
parents
and
in
which
the
parents
are
required
27
to
participate,
and
deadlines
for
completion
of
each
task.
The
case
28
plan
shall
state
with
specificity
the
role
of
the
department
toward
each
29
parent.
When
appropriate,
the
reunification
plan
should
identify
terms
30
for
visitation,
supervision
of
visitation
and
child
support;
31
(d)
Include
a
concurrent
permanency
goal
and
a
plan
for
achieving
that
32
goal.
The
concurrent
permanency
goal
may
be
one
(1)
of
the
following:
33
termination
of
parental
rights
and
adoption,
guardianship
or,
for
youth
34
age
sixteen
(16)
years
or
older
only,
another
planned
permanent
living
35
arrangement.
The
concurrent
plan
shall:
36
(i)
Address
all
options
for
permanent
placement
of
the
child,
37
including
consideration
of
options
for
in
-
state
and
out
-
of
-
state
38
placement
of
the
child;
39
(ii)
Address
the
advantages
and
disadvantages
of
each
option
and
40
include
a
recommendation
as
to
which
option
is
in
the
child's
best
41
interests;
42
(iii)
Specifically
identify
the
actions
necessary
to
implement
43
the
recommended
option;
44
(iv)
Specifically
set
forth
a
schedule
for
accomplishing
the
ac
-
45
tions
necessary
to
implement
the
concurrent
permanency
goal;
46
(v)
Address
options
for
maintaining
the
child's
connection
to
47
the
community,
including
individuals
with
a
significant
relation
-
48
ship
to
the
child
and
organizations
or
community
activities
with
49
which
the
child
has
a
significant
connection;
50
15
(vi)
Identify
the
names
of
the
proposed
adoptive
parents
when
1
known
if
the
permanency
goal
is
termination
of
parental
rights
and
2
adoption;
3
(vii)
In
the
case
of
a
child
who
has
attained
the
age
of
fourteen
4
(14)
years,
include
the
services
needed
to
assist
the
child
to
make
5
the
transition
from
foster
care
to
successful
adulthood;
6
(viii)
For
youth
with
a
proposed
permanency
goal
of
another
perma
-
7
nent
planned
living
arrangement,
document:
8
1.
The
intensive,
ongoing
and,
as
of
the
date
of
the
hearing,
9
unsuccessful
efforts
made
to
place
the
youth
with
a
parent
10
in
an
adoptive
placement,
in
a
guardianship,
or
in
the
legal
1
1
custody
of
the
department
in
a
placement
with
a
fit
and
will
-
12
ing
relative,
including
an
adult
sibling;
13
2.
Why
another
planned
permanent
living
arrangement
is
the
14
best
permanency
goal
for
the
youth
and
a
compelling
reason
15
why,
as
of
the
date
of
the
case
plan
hearing,
it
would
not
be
16
in
the
best
interests
of
the
child
to
be
placed
permanently
17
with
a
parent,
in
an
adoptive
placement,
in
a
guardianship,
18
or
in
the
legal
custody
of
the
department
in
a
placement
with
19
a
fit
and
willing
relative,
including
an
adult
sibling;
20
3.
The
steps
taken
by
the
department
to
ensure
that
the
21
youth's
foster
parents
or
child
care
institution
are
follow
-
22
ing
the
reasonable
and
prudent
parent
standard
when
making
23
decisions
about
whether
the
youth
can
engage
in
extracurric
-
24
ular,
enrichment,
cultural
and
social
activities;
and
25
4.
The
opportunities
provided
to
the
youth
to
regularly
en
-
26
gage
in
age
-
appropriate
or
developmentally
appropriate
ac
-
27
tivities;
and
28
(ix)
Identify
further
investigation
necessary
to
identify
or
as
-
29
sess
other
options
for
permanent
placement,
to
identify
actions
30
necessary
to
implement
the
recommended
placement
or
to
identify
31
options
for
maintaining
the
child's
significant
connections.
32
(4)
If
the
child
has
been
placed
under
protective
supervision
of
the
de
-
33
partment,
the
case
plan
filed
by
the
department
shall:
34
(a)
Identify
the
services
to
be
provided
to
the
child,
including
ser
-
35
vices
to
identify
and
meet
any
educational,
emotional,
physical
or
36
developmental
needs
the
child
may
have,
and
to
assist
the
child
in
ad
-
37
justing
to
the
placement
or
to
ensure
the
stability
of
the
placement.
38
For
youth
age
fourteen
(14)
years
and
older,
identify
the
services
39
needed
to
assist
the
youth
in
making
the
transition
to
successful
adult
-
40
hood
and
document
the
youth's
rights
in
regard
to
education
and
health,
41
visitation,
court
participation
and
receipt
of
an
annual
credit
report,
42
including
a
signed
acknowledgment
by
the
department
that
the
youth
was
43
provided
with
a
written
copy
of
the
youth's
rights
and
that
the
rights
44
were
explained
to
the
youth
in
an
age
-
appropriate
or
developmentally
45
appropriate
manner.
The
plan
shall
also
address
options
for
maintain
-
46
ing
the
child's
connection
to
the
community,
including
individuals
with
47
a
significant
relationship
to
the
child
and
organizations
or
community
48
activities
with
which
the
child
has
a
significant
connection;
49
16
(b)
Identify
all
issues
that
need
to
be
addressed
to
allow
the
child
to
1
remain
at
home
without
department
supervision.
The
court
may
specifi
-
2
cally
identify
issues
to
be
addressed
by
the
plan.
The
case
plan
shall
3
specifically
identify
the
tasks
to
be
completed
by
the
department,
the
4
parents
or
others
to
address
each
issue,
including
services
to
be
made
5
available
by
the
department
to
the
parents
and
in
which
the
parents
are
6
required
to
participate,
and
deadlines
for
completion
of
each
task.
The
7
plan
shall
state
with
specificity
the
role
of
the
department
toward
each
8
parent.
9
(5)
If
the
child
is
placed
in
a
qualified
residential
treatment
pro
-
10
gram,
then
the
case
plan
shall
include
the
assessment
report
of
the
qualified
1
1
individual.
12
(6)
The
case
plan,
as
approved
by
the
court,
shall
be
entered
into
the
13
record
as
an
order
of
the
court.
The
order
may
include
interim
and
final
14
deadlines
for
implementing
the
case
plan
and
finalizing
the
permanency
goal.
15
The
court's
order
shall
provide
that
reasonable
efforts
shall
be
made
to
re
-
16
unify
the
family
in
a
timely
manner
in
accordance
with
the
case
plan.
Unless
17
the
child
has
been
placed
under
the
protective
supervision
of
the
depart
-
18
ment,
the
court's
order
shall
also
require
the
department
to
simultaneously
19
take
steps
to
accomplish
the
goal
of
reunification
and
the
concurrent
perma
-
20
nency
goal.
21
SECTION
6.
That
Section
16
-
1622,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
16
-
1622.
REVIEW
HEARINGS
-
-
STATUS
HEARINGS
-
-
ANNUAL
PERMANENCY
24
HEARINGS.
(1)
Review
hearing.
25
(a)
A
hearing
for
review
of
the
child's
case
and
permanency
plan
shall
26
be
held
no
later
than
six
(6)
months
after
entry
of
the
court's
order
27
taking
jurisdiction
under
this
act
and
every
two
(2)
months
thereafter.
28
The
department
and
the
guardian
ad
litem
shall
file
reports
to
the
court
29
no
later
than
five
(5)
days
prior
to
the
two
(2)
month
review
hearing.
30
The
purpose
of
the
review
hearing
is:
31
(i)
To
determine:
32
1.
The
safety
of
the
child;
33
2.
The
continuing
necessity
for
and
appropriateness
of
the
34
placement;
35
3.
The
extent
of
compliance
with
the
case
plan;
and
36
4.
The
extent
of
progress
that
has
been
made
toward
alle
-
37
viating
or
mitigating
the
causes
necessitating
placement
in
38
foster
care;
39
(ii)
To
determine
or
continue
to
investigate
whether
the
child
is
40
an
Indian
child.
If
there
is
reason
to
believe
that
the
child
is
an
41
Indian
child
and
there
has
not
been
a
final
determination
regard
-
42
ing
the
child's
status
as
an
Indian
child:
43
1.
The
department
shall
document
and
the
court
shall
inquire
44
about
the
efforts
that
have
been
made
since
the
last
hearing
45
to
determine
whether
the
child
is
an
Indian
child;
and
46
2.
The
department
shall
document
and
the
court
shall
de
-
47
termine
that
the
department
is
using
active
efforts
to
work
48
17
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
1
whether
the
child
is
a
member
or
eligible
for
membership;
2
(iii)
To
inquire
regarding
the
child's
educational
stability.
The
3
department
shall
document
and
the
court
shall
inquire
as
to
the
ef
-
4
forts
made
to
ensure
educational
stability
for
the
child,
includ
-
5
ing
the
efforts
made
to
keep
the
child
in
the
school
in
which
the
6
child
is
enrolled
at
the
time
of
placement
of
origin
or
the
reason
7
that
remaining
in
the
school
is
not
in
the
child's
best
interests;
8
(iv)
To
inquire
regarding
sibling
placement.
The
department
9
shall
document
and
the
court
shall
inquire
whether
siblings
were
10
placed
together
or,
if
siblings
were
not
placed
together,
the
1
1
efforts
made
to
place
siblings
together,
the
reasons
why
sib
-
12
lings
were
not
placed
together,
and
a
plan
for
ensuring
frequent
13
visitation
or
ongoing
interaction
between
the
siblings,
unless
14
visitation
or
ongoing
interaction
would
be
contrary
to
the
safety
15
or
well
-
being
of
one
(1)
or
more
of
the
siblings;
16
(v)
To
inquire
regarding
permanency.
The
court
shall
ask
each
17
youth
age
twelve
(12)
years
and
older
about
his
desired
permanency
18
outcome
and
discuss
with
the
youth
his
current
permanency
plan.
19
For
a
youth
age
fourteen
(14)
years
and
older,
the
hearing
shall
20
include
a
review
of
the
services
needed
to
assist
the
youth
to
make
21
the
transition
from
foster
care
to
successful
adulthood;
22
(vi)
To
document
efforts
related
to
the
reasonable
and
prudent
23
parent
standard.
For
a
youth
whose
permanency
goal
is
another
24
planned
permanent
living
arrangement,
the
department
shall
docu
-
25
ment:
26
1.
That
the
youth's
foster
parents
or
child
care
institution
27
is
following
the
reasonable
and
prudent
parent
standard
when
28
deciding
whether
the
child
may
participate
in
extracurricu
-
29
lar,
enrichment,
cultural
and
social
activities;
and
30
2.
The
regular,
ongoing
opportunities
to
engage
in
age
-
or
31
developmentally
appropriate
activities
that
have
been
pro
-
32
vided
to
the
youth;
33
(vii)
To
document
efforts
made
to
find
a
permanent
placement
other
34
than
another
planned
permanent
living
arrangement.
For
a
youth
35
whose
permanency
goal
is
another
planned
permanent
living
ar
-
36
rangement,
the
department
shall
document:
37
1.
The
intensive,
ongoing,
and,
as
of
the
date
of
the
hear
-
38
ing,
unsuccessful
efforts
made
to
place
the
youth
with
a
par
-
39
ent,
in
an
adoptive
placement,
in
a
guardianship,
or
in
the
40
legal
custody
of
the
department
in
a
placement
with
a
fit
and
41
willing
relative,
including
an
adult
sibling;
and
42
2.
Why
another
planned
permanent
living
arrangement
is
the
43
best
permanency
plan
for
the
youth
and
a
compelling
reason
44
why,
as
of
the
date
of
the
review
hearing,
it
would
not
be
in
45
the
best
interest
of
the
child
to
be
placed
permanently
with
46
a
parent,
in
an
adoptive
placement,
in
a
guardianship,
or
in
47
the
legal
custody
of
the
department
in
a
placement
with
a
fit
48
and
willing
relative,
including
an
adult
sibling;
49
18
(viii)
To
make
findings
regarding
a
permanency
goal
of
another
1
planned
permanent
living
arrangement.
For
youth
whose
permanency
2
goal
is
another
planned
permanent
living
arrangement,
the
court
3
shall
make
written,
case
-
specific
findings,
as
of
the
date
of
the
4
hearing,
that:
5
1.
Another
planned
permanent
living
arrangement
is
the
best
6
permanency
goal
for
the
youth;
and
7
2.
There
are
compelling
reasons
why
it
is
not
in
the
best
in
-
8
terest
of
the
youth
to
be
placed
permanently
with
a
parent,
9
in
an
adoptive
placement,
in
a
guardianship,
or
in
the
legal
10
custody
of
the
department
in
a
placement
with
a
fit
and
will
-
1
1
ing
relative,
including
an
adult
sibling;
12
(ix)
To
document
and
inquire
regarding
psychotropic
medication.
13
At
each
review
hearing,
if
the
child
is
being
treated
with
psy
-
14
chotropic
medication,
these
additional
requirements
shall
apply:
15
1.
The
department
shall
report
to
the
court
the
medication
16
and
dosage
prescribed
for
the
child
and
the
medical
profes
-
17
sional
who
prescribed
the
medication;
and
18
2.
The
court
shall
inquire
as
to,
and
may
make
any
additional
19
inquiry
relevant
to,
the
use
of
psychotropic
medication;
and
20
(x)
To
project,
when
reasonable,
a
likely
date
by
which
the
child
21
may
be
safely
returned
to
and
maintained
in
the
home
or
placed
in
22
another
permanent
placement.
23
(b)
A
status
hearing
is
a
review
hearing
that
does
not
address
all
or
24
most
of
the
purposes
identified
in
paragraph
(a)
of
this
subsection
and
25
may
be
held
at
the
discretion
of
the
court.
Neither
the
department
nor
26
the
guardian
ad
litem
is
required
to
file
a
report
with
the
court
prior
27
to
a
status
hearing,
unless
ordered
otherwise
by
the
court.
28
(c)
A
motion
for
revocation
or
modification
of
an
order
issued
un
-
29
der
section
16
-
1619,
Idaho
Code,
may
be
filed
by
the
department
or
any
30
party;
provided
that
no
motion
may
be
filed
by
the
respondents
under
31
this
section
within
three
(3)
months
of
a
prior
hearing
on
care
and
32
placement
of
the
child.
Notice
of
a
motion
for
review
of
a
child's
case
33
shall
be
provided
to
the
parents
and
other
legal
guardians,
the
prose
-
34
cuting
attorney
or
deputy
attorney
general,
the
guardian
ad
litem,
the
35
attorney
for
the
child,
the
department
and
foster
parents.
36
(d)
If
the
motion
filed
under
paragraph
(c)
of
this
subsection
alleges
37
that
the
child's
best
interests
are
no
longer
served
by
carrying
out
the
38
order
issued
under
section
16
-
1619,
Idaho
Code,
or
that
the
department
39
or
other
authorized
agency
has
failed
to
provide
adequate
care
for
the
40
child,
the
court
shall
hold
a
hearing
on
the
motion.
41
(e)
The
department
or
authorized
agency
may
move
the
court
at
any
time
42
to
vacate
any
order
placing
a
child
in
its
custody
or
under
its
protec
-
43
tive
supervision.
44
(2)
Permanency
plan
and
hearing.
45
(a)
The
permanency
plan
shall
include
a
permanency
goal.
The
per
-
46
manency
goal
may
be
one
(1)
of
the
following:
continued
efforts
at
47
reunification,
in
the
absence
of
a
judicial
determination
of
aggra
-
48
vated
circumstances;
or
termination
of
parental
rights
and
adoption,
49
guardianship
or,
for
youth
age
sixteen
(16)
years
and
older
only,
an
-
50
19
other
planned
permanent
living
arrangement.
Every
permanency
plan
1
shall
include
the
information
set
forth
in
section
16
-
1621(3)(a)
and
2
(b),
Idaho
Code.
If
the
permanency
plan
has
reunification
as
a
per
-
3
manency
goal,
the
plan
shall
include
information
set
forth
in
section
4
16
-
1621(3)(c),
Idaho
Code;
however,
if
the
circumstances
that
caused
5
the
child
to
be
placed
into
protective
custody
resulted
in
a
conviction
6
for
lewd
and
lascivious
conduct
or
felony
injury
to
a
child,
if
the
child
7
has
been
in
protective
custody
for
more
than
six
(6)
months,
or
if
a
8
high
risk
of
repeat
maltreatment
or
reentry
into
foster
care
exists
due
9
to
a
parent's
recent
completion
of
substance
abuse
treatment
or
other
10
compelling
circumstances,
then
the
permanency
plan
shall
include
a
1
1
period
of
protective
supervision
or
trial
home
visit
period
of
no
less
12
than
ninety
(90)
days
prior
to
the
court
vacating
the
case.
During
the
13
protective
supervision
or
trial
home
visit
period,
the
department
shall
14
make
regular
home
visits.
During
the
protective
supervision
or
trial
15
home
visit
period,
the
court
shall
hold
one
(1)
or
more
review
hearings
16
for
each
permanency
plan
where
a
period
of
protective
supervision
or
a
17
trial
home
visit
has
been
imposed
and
may
require
participation
in
sup
-
18
portive
services,
including
community
home
visiting
and
peer
-
to
-
peer
19
mentoring.
Families
reunified
following
a
period
of
protective
super
-
20
vision
or
a
trial
home
visit
should
be
encouraged
by
the
department
or
21
the
court
to
continue
to
participate
in
supportive
services
when
ben
-
22
eficial
and
appropriate.
If
the
permanency
plan
has
a
permanency
goal
23
other
than
reunification,
the
plan
shall
include
the
information
set
24
forth
in
section
16
-
1621(3)(d),
Idaho
Code,
and
if
the
permanency
goal
25
is
termination
of
parental
rights
and
adoption,
then
in
addition
to
the
26
information
set
forth
in
section
16
-
1620(3),
Idaho
Code,
the
permanency
27
plan
shall
also
name
the
proposed
adoptive
parents
when
known.
If
the
28
adoptive
parents
are
not
known
at
the
time
the
permanency
plan
is
pre
-
29
pared,
then
the
department
shall
amend
the
plan
to
name
the
proposed
30
adoptive
parents
as
soon
as
such
person
or
persons
become
known.
The
31
court
may
approve
a
permanency
plan
that
includes
a
primary
goal
and
a
32
concurrent
goal.
As
used
in
this
paragraph,
"trial
home
visit"
means
33
that
a
child
is
returned
to
the
care
of
the
parent
or
guardian
from
whom
34
the
child
was
removed
with
the
department
continuing
to
have
legal
cus
-
35
tody
of
the
child.
36
(b)
A
permanency
hearing
shall
be
held
no
later
than
twelve
(12)
months
37
from
the
date
the
child
is
removed
from
the
home
or
the
date
of
the
38
court's
order
taking
jurisdiction
under
this
chapter,
whichever
occurs
39
first,
and
at
least
every
twelve
(12)
months
thereafter,
as
long
as
the
40
court
has
jurisdiction
over
the
child.
The
court
shall
approve,
reject
41
or
modify
the
permanency
plan
of
the
department
and
review
progress
in
42
accomplishing
the
permanency
goal.
The
permanency
plan,
as
approved
by
43
the
court,
shall
be
entered
into
the
record
as
an
order
of
the
court.
A
44
permanency
hearing
may
be
held
at
any
time
and
may
be
combined
with
the
45
review
hearing
required
under
subsection
(1)
of
this
section.
46
(c)
The
court
shall
make
written,
case
-
specific
findings
whether
the
47
department
made
reasonable
efforts
to
finalize
the
primary
permanency
48
goal
in
effect
for
the
child.
Lack
of
reasonable
efforts
to
reunify
may
49
20
be
a
basis
for
an
order
approving
a
permanency
plan
with
a
permanency
1
goal
of
reunification.
2
(d)
Where
the
permanency
goal
is
not
reunification,
the
hearing
shall
3
include
a
review
of
the
department's
consideration
of
options
for
4
in
-
state
and
out
-
of
-
state
placement
of
the
child.
In
the
case
of
a
5
child
in
an
out
-
of
-
state
placement,
the
court
shall
determine
whether
6
the
out
-
of
-
state
placement
continues
to
be
appropriate
and
in
the
best
7
interest
of
the
child.
8
(e)
The
court
shall
ask
each
youth
age
twelve
(12)
years
and
older
about
9
his
desired
permanency
outcome
and
discuss
with
the
youth
his
current
10
permanency
plan.
In
the
case
of
a
child
who
has
attained
the
age
of
four
-
1
1
teen
(14)
years
and
older,
the
hearing
shall
include
a
determination
of
12
the
services
needed
to
assist
the
youth
to
make
the
transition
from
fos
-
13
ter
care
to
successful
adulthood.
14
(f)
The
court
may
approve
a
primary
permanency
goal
of
another
planned
15
permanent
living
arrangement
only
for
youth
age
sixteen
(16)
years
or
16
older
and
only
upon
written,
case
-
specific
findings
that,
as
of
the
date
17
of
the
hearing:
18
(i)
Another
planned
permanent
living
arrangement
is
the
best
per
-
19
manency
goal
for
the
youth;
and
20
(ii)
There
are
compelling
reasons
why
it
is
not
in
the
best
inter
-
21
est
of
the
youth
to
be
placed
permanently
with
a
parent,
in
an
adop
-
22
tive
placement,
in
a
guardianship,
or
in
the
legal
custody
of
the
23
department
in
a
placement
with
a
fit
and
willing
relative,
includ
-
24
ing
an
adult
sibling.
25
(g)
If
the
child
has
been
in
the
temporary
or
legal
custody
of
the
de
-
26
partment
for
twelve
(12)
of
the
most
recent
twenty
-
two
(22)
months,
the
27
department
shall
file,
prior
to
the
last
day
of
the
fifteenth
month,
a
28
petition
to
terminate
parental
rights,
unless
the
court
finds
that:
29
(i)
The
child
is
placed
permanently
with
a
relative;
30
(ii)
There
are
compelling
reasons
why
termination
of
parental
31
rights
is
not
in
the
best
interests
of
the
child;
or
32
(iii)
The
department
has
failed
to
provide
reasonable
efforts
to
33
reunify
the
child
with
his
family.
34
(h)
The
department
shall
document
and
the
court
shall
inquire:
35
(i)
As
to
the
efforts
made
to
ensure
educational
stability
for
the
36
child,
including
the
efforts
made
to
keep
the
child
in
the
school
37
in
which
the
child
is
enrolled
at
the
time
of
placement
of
origin
or
38
that
remaining
in
the
school
is
not
in
the
child's
best
interests;
39
and
40
(ii)
That
siblings
were
placed
together
or,
if
siblings
were
not
41
placed
together,
the
efforts
made
to
place
siblings
together,
the
42
reasons
why
siblings
were
not
placed
together
or
why
a
joint
place
-
43
ment
would
be
contrary
to
the
safety
or
well
-
being
of
one
(1)
or
44
more
of
the
siblings
and
a
plan
for
ensuring
frequent
visitation
or
45
ongoing
interaction
among
siblings,
unless
visitation
or
ongoing
46
interaction
would
be
contrary
to
the
safety
or
well
-
being
of
one
47
(1)
or
more
of
the
siblings.
48
21
(i)
If
there
is
reason
to
believe
that
the
child
is
an
Indian
child
and
1
there
has
not
been
a
final
determination
regarding
the
child's
status
as
2
an
Indian
child,
the
department
shall
document
and
the
court
shall:
3
(i)
Inquire
about
the
efforts
that
have
been
made
since
the
last
4
hearing
to
determine
whether
the
child
is
an
Indian
child;
and
5
(ii)
Determine
that
the
department
has
made
active
efforts
to
work
6
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
whether
7
the
child
is
a
member
or
eligible
for
membership.
8
(j)
At
each
permanency
hearing,
if
the
child
is
being
treated
with
psy
-
9
chotropic
medication,
these
additional
requirements
shall
apply:
10
(i)
The
department
shall
report
to
the
court
the
medication
and
1
1
dosage
prescribed
for
the
child
and
the
medical
professional
who
12
prescribed
the
medication;
and
13
(ii)
The
court
shall
inquire
as
to,
and
may
make
any
additional
14
inquiry
relevant
to,
the
use
of
psychotropic
medication.
15
(k)
The
court
may
authorize
the
department
to
suspend
further
efforts
16
to
reunify
the
child
with
the
child's
parent,
pending
further
order
of
17
the
court,
when
a
permanency
plan
is
approved
by
the
court
and
the
perma
-
18
nency
plan
does
not
include
a
permanency
goal
of
reunification.
19
(3)
If
a
youth
is
in
the
legal
custody
of
the
department
or
other
autho
-
20
rized
agency
and
is
within
ninety
(90)
days
of
his
eighteenth
birthday,
the
21
department
shall
file
a
report
with
the
court
that
includes
the
department's
22
transition
plan
for
the
youth.
The
court
shall
have
a
review
or
permanency
23
hearing
at
which
the
court
shall:
24
(a)
Discuss
with
the
youth
his
or
her
transition
plan;
and
25
(b)
Review
the
transition
plan
with
the
youth
for
purposes
of
ensur
-
26
ing
that
the
plan
provides
the
services
necessary
to
allow
the
youth
to
27
transition
to
a
successful
adulthood.
28
(4)
If
a
child
is
in
the
legal
custody
of
the
department
and
the
court
29
has
approved
placement
of
the
child
in
a
qualified
residential
treatment
30
program,
then
at
each
review
hearing
pursuant
to
subsection
(1)(a)
of
this
31
section
and
at
each
permanency
hearing
pursuant
to
subsection
(2)(b)
of
this
32
section
the
department
shall
document:
33
(a)
That
ongoing
assessment
of
the
strengths
and
needs
of
the
child
con
-
34
tinues
to
support
the
determination
that
the
needs
of
the
child
cannot
35
be
met
through
placement
in
a
foster
family
home,
that
the
placement
in
36
a
qualified
residential
treatment
program
provides
the
most
effective
37
and
appropriate
level
of
care
for
the
child
that
is
in
the
least
restric
-
38
tive
environment,
and
that
the
placement
is
consistent
with
the
short
-
39
term
and
long
-
term
goals
for
the
child,
as
specified
in
the
permanency
40
plan
for
the
child;
41
(b)
The
specific
treatment
or
service
needs
that
will
be
met
for
the
42
child
in
the
placement
and
the
length
of
time
the
child
is
expected
to
43
need
the
treatment
or
services;
and
44
(c)
The
efforts
made
by
the
department
to
prepare
the
child
to
return
45
home
or
to
be
placed
with
a
fit
and
willing
relative,
a
legal
guardian,
46
or
an
adoptive
parent
or
in
a
foster
family
home.
47
(5)
Notwithstanding
any
provision
of
law
to
the
contrary,
the
court
may
48
order
extended
foster
care
for
a
person
between
the
ages
of
eighteen
(18)
and
49
twenty
-
three
(23)
years
to
help
such
person
achieve
a
successful
transition
50
22
to
adulthood,
provided
such
person
must
have
been
in
the
custody
of
the
de
-
1
partment
until
his
eighteenth
birthday
and
must
meet
the
criteria
set
forth
2
in
42
U.S.C.
675(8)(B)(iv).
The
extension
shall
be
for
a
fixed
period
of
time
3
and
shall
not
extend
past
the
person's
twenty
-
third
birthday.
4
SECTION
7.
That
Chapter
16,
Title
16,
Idaho
Code,
be,
and
the
same
is
5
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
6
ignated
as
Section
16
-
1625A,
Idaho
Code,
and
to
read
as
follows:
7
16
-
1625A.
SCHOOL
OF
ORIGIN
HEARINGS.
(1)
Whenever
a
child
is
removed
8
from
the
child's
home
by
the
department
pursuant
to
this
chapter,
the
de
-
9
partment
shall
immediately
determine
if
it
is
in
the
best
interests
of
the
10
child
to
remain
in
the
school
of
origin.
There
shall
be
a
presumption
that
1
1
the
school
of
origin
is
in
the
child's
best
interests.
Parents
have
a
right
12
to
choose
the
form
of
education
for
their
children.
13
(a)
The
department
shall
provide
formal
written
notice
of
its
deter
-
14
mination
to
the
parties,
including
the
child,
parent,
guardian,
and
15
guardian
ad
litem,
no
later
than
three
(3)
business
days
after
the
date
16
on
which
the
determination
is
made.
The
written
notice
shall
include
17
the
factors
that
form
the
basis
of
the
department's
decision.
Proof
of
18
service
of
such
notice
shall
be
filed
with
the
court.
19
(b)
Any
party
may
object
to
the
department's
determination
no
later
20
than
fourteen
(14)
days
after
receipt
of
such
notice
by
filing
the
ob
-
21
jection
with
the
court.
22
(c)
The
child
shall
remain
in
the
school
of
origin
until
the
time
for
ob
-
23
jection
has
passed
and
until
any
dispute
is
resolved,
except
as
provided
24
in
subsection
(5)
of
this
section.
25
(d)
The
department
shall
bear
the
burden
of
proof
that
the
school
place
-
26
ment
decision
is
in
the
child's
best
interests
and,
if
the
child
is
moved
27
from
the
school
of
origin,
why
the
department
cannot
make
reasonable
ac
-
28
commodations
to
keep
the
child
in
the
school
of
origin.
29
(2)
The
court,
on
its
own
accord
or
upon
a
formal
objection
from
a
party,
30
shall
hold
an
evidentiary
hearing,
at
which:
31
(a)
The
parent
or
guardian
or
guardian
ad
litem
of
the
child
may
present
32
evidence
regarding
how
the
child
remaining
in
the
school
of
origin
is
in
33
the
best
interests
of
the
child;
34
(b)
The
child
may
provide
testimony
regarding
whether
the
child
be
-
35
lieves
remaining
in
the
school
of
origin
is
in
the
best
interests
of
the
36
child;
and
37
(c)
The
department
may
present
evidence
regarding
how
placement
in
a
38
school
other
than
the
school
of
origin
is
in
the
best
interests
of
the
39
child.
40
(3)
At
the
conclusion
of
a
hearing
held
pursuant
to
subsection
(2)
of
41
this
section,
the
court
shall
make
a
best
interests
determination
regarding
42
the
school
placement
of
the
child
and
may
order
that
the
child
remain
in
the
43
child's
school
of
origin
or
be
moved
from
the
child's
school
of
origin.
44
(4)
A
hearing
requested
pursuant
to
subsection
(2)
of
this
section
45
shall
be
held
within
fourteen
(14)
days
of
the
date
of
such
request.
46
(5)
The
provisions
of
this
section
shall
not
apply
to
a
child
who
has
47
been
found
to
be
without
proper
education
due
to
a
failure
to
comply
with
sec
-
48
tion
33
-
202,
Idaho
Code.
49
23
(6)
If
at
any
time
the
department
or
the
court
determines
that
contin
-
1
ued
placement
in
the
school
of
origin
will
jeopardize
the
child's
immediate
2
physical
safety,
the
department
may
immediately
remove
the
child
from
the
3
school
and
shall
notify
the
child's
attorney,
parents,
and
guardian
ad
litem
4
on
the
same
business
day.
Any
party
may
object
to
the
decision
to
change
the
5
child's
school
placement
no
later
than
fourteen
(14)
days
after
receipt
of
6
such
notice.
If
any
party
objects
to
the
change
in
school
placement,
a
hear
-
7
ing
shall
be
held
pursuant
to
subsection
(2)
of
this
section.
8
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
9
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
10
July
1,
2026.
1
1