Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
953
BY
CAYLER
AN
ACT
1
RELATING
TO
CHILD
PROTECTION;
AMENDING
SECTION
16
-
1602,
IDAHO
CODE,
TO
RE
-
2
VISE
A
DEFINITION;
AMENDING
SECTION
16
-
1605,
IDAHO
CODE,
TO
REVISE
PRO
-
3
VISIONS
REGARDING
REPORTING
ABUSE,
ABANDONMENT,
OR
NEGLECT;
AMENDING
4
SECTION
16
-
1606,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
IMMUNITY;
5
AMENDING
SECTION
16
-
1610,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
A
6
PETITION;
AMENDING
SECTION
16
-
1611,
IDAHO
CODE,
TO
REVISE
PROVISIONS
7
REGARDING
SUMMONS;
AMENDING
SECTION
16
-
1615,
IDAHO
CODE,
TO
REVISE
8
PROVISIONS
REGARDING
SHELTER
CARE
HEARINGS;
AMENDING
SECTION
16
-
1619,
9
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
AN
ADJUDICATORY
HEARING;
AND
10
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
1
1
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
12
SECTION
1.
That
Section
16
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
16
-
1602.
DEFINITIONS.
For
purposes
of
this
chapter:
15
(1)
"Abused"
means
any
case
in
which
a
child
has
been
the
victim
of:
16
(a)
Conduct
or
omission
resulting
in
skin
bruising,
bleeding,
mal
-
17
nutrition,
burns,
fracture
of
any
bone,
head
injury,
soft
tissue
18
swelling,
failure
to
thrive
or
death,
and
such
condition
or
death
is
not
19
justifiably
explained,
or
where
the
history
given
concerning
such
con
-
20
dition
or
death
is
at
variance
with
the
degree
or
type
of
such
condition
21
or
death,
or
the
circumstances
indicate
that
such
condition
or
death
may
22
not
be
the
product
of
an
accidental
occurrence;
or
23
(b)
Sexual
conduct,
including
rape,
molestation,
incest,
commercial
24
sexual
activity,
obscene
or
pornographic
photographing,
filming
or
de
-
25
piction
for
commercial
purposes,
human
trafficking
as
defined
in
chap
-
26
ter
86,
title
18,
Idaho
Code,
or
other
similar
forms
of
sexual
exploita
-
27
tion
harming
or
threatening
the
child's
health
or
welfare
or
mental
in
-
28
jury
to
the
child.
29
(2)
"Abandoned"
means
the
failure
of
the
parent
to
maintain
a
normal
30
parental
relationship
with
his
child
including,
but
not
limited
to,
reason
-
31
able
support
or
regular
personal
contact.
Failure
to
maintain
this
rela
-
32
tionship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
33
prima
facie
evidence
of
abandonment.
34
(3)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
35
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
par
-
36
ent
with
a
disability.
37
(4)
"Adjudicatory
hearing"
means
a
hearing
to
determine:
38
(a)
Whether
the
child
comes
under
the
jurisdiction
of
the
court
pur
-
39
suant
to
the
provisions
of
this
chapter;
40
(b)
Whether
continuation
of
the
child
in
the
home
would
be
contrary
to
41
the
child's
welfare
and
whether
the
best
interest
of
the
child
requires
42
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
reliable
evidence
48
that
the
child
is
safe
in
the
sole
care
of
one
(1)
parent,
legal
guardian,
or
49
5
legal
custodian
and
when
there
is
alleged
neglect
or
abuse
by
another
parent,
1
legal
guardian,
or
legal
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
family
counseling
when
beneficial,
and
the
respon
-
41
sibility
for
support.
42
(42)
"Shelter
care"
means
places
designated
by
the
department
for
tem
-
43
porary
care
of
children
pending
court
disposition
or
placement.
44
(43)
"Supportive
services,"
as
used
in
this
chapter,
shall
mean
ser
-
45
vices
that
assist
parents
with
a
disability
to
compensate
for
those
aspects
46
of
their
disability
that
affect
their
ability
to
care
for
their
child
and
47
that
will
enable
them
to
discharge
their
parental
responsibilities.
The
48
term
includes
specialized
or
adapted
training,
evaluations
or
assistance
49
with
effectively
using
adaptive
equipment
and
accommodations
that
allow
50
6
parents
with
a
disability
to
benefit
from
other
services
including,
but
not
1
limited
to,
Braille
texts
or
sign
language
interpreters.
2
SECTION
2.
That
Section
16
-
1605,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
16
-
1605.
REPORTING
OF
ABUSE,
ABANDONMENT
OR
NEGLECT.
(1)
Any
physi
-
5
cian,
resident
on
a
hospital
staff,
intern,
nurse,
coroner,
school
teacher,
6
day
care
personnel,
social
worker,
or
other
person
having
reason
to
believe
7
reliable
evidence
that
a
child
under
the
age
of
eighteen
(18)
years
has
been
8
abused,
abandoned
or
neglected
or
who
observes
the
child
being
subjected
to
9
conditions
or
circumstances
that
would
reasonably
result
in
abuse,
abandon
-
10
ment
or
neglect
shall
report
or
cause
to
be
reported
within
twenty
-
four
(24)
1
1
hours
such
conditions
or
circumstances
to
the
proper
law
enforcement
agency
12
or
the
department.
The
department
shall
be
informed
by
law
enforcement
of
13
any
report
made
directly
to
it.
If
the
department
knows
or
has
reason
to
know
14
that
an
adult
in
the
home
has
been
convicted
of
lewd
and
lascivious
conduct
or
15
felony
injury
to
a
child
in
the
past
or
that
the
child
has
been
removed
from
16
the
home
for
circumstances
that
resulted
in
a
conviction
for
lewd
and
lasciv
-
17
ious
conduct
or
felony
injury
to
a
child,
then
the
department
shall
investi
-
18
gate.
When
the
attendance
of
a
physician,
resident,
intern,
nurse,
day
care
19
worker,
or
social
worker
is
pursuant
to
the
performance
of
services
as
a
mem
-
20
ber
of
the
staff
of
a
hospital
or
similar
institution,
he
shall
notify
the
21
person
in
charge
of
the
institution
or
his
designated
delegate
who
shall
make
22
the
necessary
reports.
23
(2)
For
purposes
of
subsection
(3)
of
this
section,
the
term
"duly
24
ordained
minister
of
religion"
means
a
person
who
has
been
ordained
or
set
25
apart,
in
accordance
with
the
ceremonial,
ritual
or
discipline
of
a
church
26
or
religious
organization
which
has
been
established
on
the
basis
of
a
27
community
of
religious
faith,
belief,
doctrines
and
practices,
to
hear
con
-
28
fessions
and
confidential
communications
in
accordance
with
the
bona
fide
29
doctrines
or
discipline
of
that
church
or
religious
organization.
30
(3)
The
notification
requirements
of
subsection
(1)
of
this
section
do
31
not
apply
to
a
duly
ordained
minister
of
religion,
with
regard
to
any
confes
-
32
sion
or
confidential
communication
made
to
him
in
his
ecclesiastical
capac
-
33
ity
in
the
course
of
discipline
enjoined
by
the
church
to
which
he
belongs
if:
34
(a)
The
church
qualifies
as
tax
-
exempt
under
26
U.S.C.
501(c)(3);
35
(b)
The
confession
or
confidential
communication
was
made
directly
to
36
the
duly
ordained
minister
of
religion;
and
37
(c)
The
confession
or
confidential
communication
was
made
in
the
manner
38
and
context
that
places
the
duly
ordained
minister
of
religion
specif
-
39
ically
and
strictly
under
a
level
of
confidentiality
that
is
considered
40
inviolate
by
canon
law
or
church
doctrine.
A
confession
or
confiden
-
41
tial
communication
made
under
any
other
circumstances
does
not
fall
un
-
42
der
this
exemption.
43
(4)
Failure
to
report
as
required
in
this
section
shall
be
a
misde
-
44
meanor.
45
SECTION
3.
That
Section
16
-
1606,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
7
16
-
1606.
IMMUNITY.
Any
person
who
has
reason
to
believe
reliable
evi
-
1
dence
that
a
child
has
been
abused,
abandoned
or
neglected
and,
acting
upon
2
that
belief,
makes
a
report
of
abuse,
abandonment
or
neglect
as
required
in
3
section
16
-
1605,
Idaho
Code,
shall
have
immunity
from
any
liability,
civil
4
or
criminal,
that
might
otherwise
be
incurred
or
imposed.
Any
such
partic
-
5
ipant
shall
have
the
same
immunity
with
respect
to
participation
in
any
such
6
judicial
proceeding
resulting
from
such
report.
Any
person
who
reports
in
7
bad
faith
or
with
malice
shall
not
be
protected
by
this
section.
Any
priv
-
8
ilege
between
husband
and
wife,
or
between
any
professional
person
except
9
the
lawyer
-
client
privilege,
including
but
not
limited
to
physicians,
coun
-
10
selors,
hospitals,
clinics,
day
care
centers
and
schools
and
their
clients
1
1
shall
not
be
grounds
for
excluding
evidence
at
any
proceeding
regarding
the
12
abuse,
abandonment
or
neglect
of
the
child
or
the
cause
thereof.
13
SECTION
4.
That
Section
16
-
1610,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
16
-
1610.
PETITION.
(1)
A
petition
invoking
the
jurisdiction
of
the
16
court
under
this
chapter
shall
be
filed
in
the
manner
provided
in
this
sec
-
17
tion:
18
(a)
A
petition
must
be
signed
by
the
prosecutor
or
deputy
attorney
gen
-
19
eral
before
being
filed
with
the
court.
20
(b)
Any
person
or
governmental
body
of
this
state
having
reliable
evi
-
21
dence
of
abuse,
abandonment,
neglect
or
homelessness
of
a
child
may
re
-
22
quest
the
attorney
general
or
prosecuting
attorney
to
file
a
petition.
23
The
prosecuting
attorney
or
the
attorney
general
may
file
a
petition
on
24
behalf
of
any
child
whose
parent,
guardian,
or
custodian
has
been
ac
-
25
cused
in
a
criminal
complaint
of
the
crime
of
cruel
treatment
or
neglect
26
as
defined
in
section
18
-
1501,
Idaho
Code.
27
(2)
Petitions
shall
be
entitled
"In
the
Matter
of..............,
a
28
child
under
the
age
of
eighteen
(18)
years"
and
shall
be
verified
and
set
29
forth
with
specificity:
30
(a)
The
facts
which
bring
the
child
within
the
jurisdiction
of
the
court
31
upon
the
grounds
set
forth
in
section
16
-
1603,
Idaho
Code,
with
the
ac
-
32
tions
of
each
parent
described
therein;
33
(b)
The
name,
birth
date,
sex,
and
residence
address
of
the
child;
34
(c)
The
name,
birth
date,
sex,
and
residence
address
of
all
other
chil
-
35
dren
living
at
or
having
custodial
visitation
at
the
home
where
the
in
-
36
jury
to
the
subject
child
occurred;
37
(d)
The
names
and
residence
addresses
of
both
the
mother
and
father,
38
guardian
or
other
custodian.
If
neither
of
his
parents,
guardian
or
39
other
custodian
resides
or
can
be
found
within
the
state,
or
if
their
40
residence
addresses
are
unknown,
the
name
of
any
known
adult
relative
41
residing
within
the
state;
42
(e)
The
names
and
residence
addresses
of
each
person
having
sole
or
43
joint
legal
custody
of
the
children
described
in
this
section;
44
(f)
Whether
or
not
there
exists
a
legal
document
including,
but
not
lim
-
45
ited
to,
a
divorce
decree,
stipulation
or
parenting
agreement
control
-
46
ling
the
custodial
status
of
the
children
described
in
this
section;
47
8
(g)
Whether
the
child
is
in
shelter
care,
and,
if
so,
the
type
and
nature
1
of
the
shelter
care,
the
circumstances
necessitating
such
care
and
the
2
date
and
time
he
was
placed
in
such
care;
3
(h)
When
any
of
the
facts
required
by
this
section
cannot
be
determined,
4
the
petition
shall
so
state.
The
petition
may
be
based
on
information
5
and
belief
but
in
such
case
the
petition
shall
state
the
basis
of
such
6
information
and
belief;
7
(i)
If
the
child
has
been
or
will
be
removed
from
the
home,
the
petition
8
shall
state
that:
9
(i)
Remaining
in
the
home
was
contrary
to
the
welfare
of
the
10
child;
1
1
(ii)
Vesting
legal
custody
of
the
child
in
the
department
or
other
12
authorized
agency
is
in
the
best
interests
of
the
child;
and
13
(iii)
Reasonable
efforts
have
been
made
prior
to
the
placement
of
14
the
child
in
care
to
prevent
the
removal
of
the
child
from
his
home
15
or,
if
such
efforts
were
not
provided,
that
reasonable
efforts
to
16
prevent
placement
were
not
required
because
aggravated
circum
-
17
stances
were
found;
18
(j)
The
petition
shall
state
with
specificity
whether
a
parent
with
19
joint
legal
custody
or
a
noncustodial
parent
has
been
notified
of
place
-
20
ment;
21
(k)
The
petition
shall
state
whether
a
court
has
adjudicated
the
cus
-
22
todial
rights
of
the
parents
and
shall
set
forth
the
custodial
status
of
23
the
child;
24
(l)
The
court
may
combine
petitions
and
hearings
where
multiple
peti
-
25
tions
have
been
filed
involving
related
children,
parents
or
guardians.
26
SECTION
5.
That
Section
16
-
1611,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
16
-
1611.
SUMMONS.
(1)
After
a
petition
has
been
filed,
the
clerk
of
the
29
court
may
issue
a
summons
requiring
the
person
or
persons
who
have
custody
30
of
the
child
to
bring
the
child
before
the
court
at
the
adjudicatory
hearing
31
held
in
accordance
with
section
16
-
1619,
Idaho
Code.
Each
parent
or
guardian
32
shall
also
be
notified
in
the
manner
hereinafter
provided
of
the
pendency
of
33
the
case
and
the
time
and
place
set
for
the
hearing.
A
summons
shall
be
is
-
34
sued
and
served
requiring
the
appearance
of
each
parent
and
legal
guardian,
35
and
a
summons
may
be
issued
and
served
for
any
other
person
whose
presence
is
36
required
by
the
child,
either
of
his
parents
or
guardian
or
any
other
person
37
whose
presence,
in
the
opinion
of
the
court,
is
necessary.
38
(2)
A
copy
of
the
petition
shall
be
attached
to
each
summons.
39
(3)
The
summons
shall
notify
each
of
the
parents,
guardian
or
legal
cus
-
40
todian
of
their
right
to
retain
and
be
represented
by
counsel.
Each
parent
41
or
legal
guardian
of
each
child
named
in
the
petition
shall
be
notified
by
the
42
court
of
the
case
and
of
the
time
and
place
set
for
the
hearing.
43
(4)
If
based
on
facts
presented
to
the
court,
it
appears
that
the
court
44
has
jurisdiction
upon
the
grounds
set
forth
in
section
16
-
1603,
Idaho
Code,
45
and
the
court
finds
that
the
child
should
be
removed
from
his
present
condi
-
46
tion
or
surroundings
because
continuation
in
such
condition
or
surroundings
47
would
be
contrary
to
the
welfare
of
the
child
and
vesting
legal
custody
with
48
the
department
or
other
authorized
agency
would
be
in
the
child's
best
in
-
49
9
terests,
the
court
shall
include
on
the
summons
an
order
to
remove
the
child.
1
The
order
to
remove
the
child
shall
specifically
state
that
continuation
in
2
the
present
condition
or
surroundings
is
contrary
to
the
welfare
of
the
child
3
and
shall
require
a
peace
officer
or
other
suitable
person
to
take
the
child
4
at
once
to
a
place
of
shelter
care
designated
by
the
authorized
agency
which
5
shall
provide
shelter
care
for
the
child.
6
(5)(a)
If
there
is
reasonable
cause
to
believe
reliable
evidence
that
7
a
child
would
be
safe
in
the
child's
present
surroundings
in
the
sole
8
care
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
and
neglect
9
or
abuse
by
another
parent,
legal
guardian,
or
legal
custodian
is
al
-
10
leged,
then
a
prosecutor
or
the
attorney
general
may
file
a
motion
with
1
1
the
court
for
an
order
to
prevent
removal
of
the
child
that
excludes
the
12
alleged
offending
parent,
legal
guardian,
or
legal
custodian
from
the
13
residence
where
the
child
resides.
If
the
court
finds
reasonable
cause
14
to
believe
reliable
evidence
that
such
elements
have
been
demonstrated,
15
the
court
shall
issue
an
order
that
shall
exclude
the
alleged
offending
16
parent,
legal
guardian,
or
legal
custodian
from
the
dwelling
where
the
17
child
resides,
restrain
any
contact
or
communication
with
the
child,
18
and
restrain
the
alleged
offending
parent,
legal
guardian,
or
legal
19
custodian
from
coming
within
one
thousand
five
hundred
(1,500)
feet,
20
or
other
appropriate
distance,
of
the
child
until
further
order
of
the
21
court.
22
(b)
A
motion
filed
pursuant
to
paragraph
(a)
of
this
subsection
shall
be
23
accompanied
by
a
sworn
affidavit
from
a
law
enforcement
officer
or
the
24
department.
25
(c)
A
copy
of
an
order
to
prevent
removal
along
with
a
copy
of
the
peti
-
26
tion
and
summons
shall
be
served
on
the
alleged
offending
parent,
legal
27
guardian,
or
legal
custodian,
and
all
parents,
legal
guardians,
or
le
-
28
gal
custodians
shall
receive
notice
of
a
hearing
on
whether
to
continue
29
an
order
within
forty
-
eight
(48)
hours,
excluding
Saturdays,
Sundays,
30
and
holidays.
31
(d)
The
court
shall
continue
an
order
to
prevent
removal
until
further
32
order
of
the
court
if,
at
a
hearing
on
whether
to
continue
the
order,
the
33
prosecutor
or
attorney
general
shows:
34
(i)
A
petition
and
summons
have
been
issued
pursuant
to
subsec
-
35
tion
(1)
of
this
section;
36
(ii)
There
is
reasonable
cause
to
believe
reliable
evidence
the
37
child
is
safe
in
the
child's
current
surroundings
in
the
sole
care
38
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
but
has
been
39
neglected
or
abused
by
the
other
parent,
legal
guardian,
or
legal
40
custodian;
and
41
(iii)
Continuation
of
the
order
is
in
the
child's
best
interest.
42
(e)
Any
person
who
fails
to
abide
by
an
order
to
prevent
removal
shall
43
be
guilty
of
misdemeanor
criminal
contempt,
as
described
in
section
44
18
-
1801,
Idaho
Code.
45
SECTION
6.
That
Section
16
-
1615,
Idaho
Code,
be,
and
the
same
is
hereby
46
amended
to
read
as
follows:
47
16
-
1615.
SHELTER
CARE
HEARING.
(1)
Notwithstanding
any
other
provi
-
48
sion
of
this
chapter,
when
a
child
is
taken
into
shelter
care
pursuant
to
sec
-
49
10
tion
16
-
1608
or
16
-
1611,
Idaho
Code,
a
hearing
to
determine
whether
the
child
1
should
be
released
shall
be
held
according
to
the
provisions
of
this
section.
2
(2)
Each
of
the
parents
or
custodian
from
whom
the
child
was
removed
3
shall
be
given
notice
of
the
shelter
care
hearing.
Such
notice
shall
include
4
the
time,
place,
and
purpose
of
the
hearing;
and,
that
such
person
is
enti
-
5
tled
to
be
represented
by
legal
counsel.
Notice
as
required
by
this
subsec
-
6
tion
shall
be
given
at
least
twenty
-
four
(24)
hours
before
the
shelter
care
7
hearing.
8
(3)
Notice
of
the
shelter
care
hearing
shall
be
given
to
the
parents
or
9
custodian
from
whom
the
child
was
removed
by
personal
service
and
the
return
10
of
service
shall
be
filed
with
the
court
and
to
any
person
having
joint
legal
1
1
or
physical
custody
of
the
subject
child.
Provided,
however,
that
such
ser
-
12
vice
need
not
be
made
where
the
undelivered
notice
is
returned
to
the
court
13
along
with
an
affidavit
stating
that
such
parents
or
custodian
could
not
be
14
located
or
were
out
of
the
state.
15
(4)
The
shelter
care
hearing
may
be
continued
for
a
reasonable
time
upon
16
request
by
the
parent,
custodian
or
counsel
for
the
child.
17
(5)
If,
upon
the
completion
of
the
shelter
care
hearing,
it
is
shown
18
that:
19
(a)
A
petition
has
been
filed;
and
20
(b)
There
is
reasonable
cause
to
believe
reliable
evidence
the
child
21
comes
within
the
jurisdiction
of
the
court
under
this
chapter
and
ei
-
22
ther:
23
(i)
The
department
made
reasonable
efforts
to
eliminate
the
need
24
for
shelter
care
but
the
efforts
were
unsuccessful;
or
25
(ii)
The
department
made
reasonable
efforts
to
eliminate
the
need
26
for
shelter
care
but
was
not
able
to
safely
provide
preventive
ser
-
27
vices;
and
28
(c)
The
child
could
not
be
placed
in
the
temporary
sole
custody
of
a
par
-
29
ent
having
joint
legal
or
physical
custody;
and
30
(d)
It
is
contrary
to
the
welfare
of
the
child
to
remain
in
the
home;
and
31
(e)
It
is
in
the
best
interests
of
the
child
to
remain
in
temporary
shel
-
32
ter
care
pending
the
conclusion
of
the
adjudicatory
hearing.
33
The
court
shall
issue,
within
twenty
-
four
(24)
hours
of
such
hearing,
a
shel
-
34
ter
care
order
placing
the
child
in
the
temporary
legal
custody
of
the
de
-
35
partment
or
other
authorized
agency.
Any
reliable
evidence
may
be
consid
-
36
ered
by
the
court
which
is
of
the
type
which
reasonable
people
may
rely
upon.
37
(6)
Upon
finding
reasonable
cause
reliable
evidence
pursuant
to
sub
-
38
section
(5)(b)
of
this
section,
the
court
shall
order
an
adjudicatory
hear
-
39
ing
to
be
held
as
soon
as
possible,
but
in
no
event
later
than
thirty
(30)
days
40
from
the
date
the
petition
was
filed.
In
addition,
the
court
shall
inquire
41
whether
there
is
reason
to
believe
that
the
child
is
an
Indian
child.
42
(7)
Upon
entry
of
an
order
of
shelter
care,
the
court
shall
inquire:
43
(a)
If
the
child
is
of
school
age,
about
the
department's
efforts
to
44
keep
the
child
in
the
school
at
which
the
child
is
currently
enrolled;
45
and
46
(b)
If
a
sibling
group
was
removed
from
their
home,
about
the
depart
-
47
ment's
efforts
to
place
the
siblings
together,
or
if
the
department
has
48
not
placed
or
will
not
be
placing
the
siblings
together,
about
a
plan
49
to
ensure
frequent
visitation
or
ongoing
interaction
among
the
sib
-
50
11
lings,
unless
visitation
or
ongoing
interaction
would
be
contrary
to
1
the
safety
or
well
-
being
of
one
(1)
or
more
of
the
siblings.
2
(8)
If
the
court
does
not
find
that
the
child
should
be
placed
in
or
re
-
3
main
in
shelter
care
under
subsection
(5)
of
this
section,
the
child
shall
be
4
released.
5
(9)
If
the
court
does
not
find
reasonable
cause
reliable
evidence
pur
-
6
suant
to
subsection
(5)(b)
of
this
section,
the
court
shall
dismiss
the
peti
-
7
tion.
8
SECTION
7.
That
Section
16
-
1619,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
16
-
1619.
ADJUDICATORY
HEARING
-
-
CONDUCT
OF
HEARING
-
-
CONSOLIDA
-
1
1
TION.
(1)
When
a
petition
has
been
filed,
the
court
shall
set
an
adjudicatory
12
hearing
to
be
held
no
later
than
thirty
(30)
days
after
the
filing
of
the
13
petition.
14
(2)
A
pretrial
conference
shall
be
held
outside
the
presence
of
the
15
court
within
three
(3)
to
five
(5)
days
before
the
adjudicatory
hearing.
16
Investigative
reports
required
under
section
16
-
1616,
Idaho
Code,
shall
be
17
delivered
to
the
court
with
copies
to
each
of
the
parents
and
other
legal
cus
-
18
todians,
guardian
ad
litem
and
attorney
for
the
child
prior
to
the
pretrial
19
conference.
20
(3)
At
the
adjudicatory
hearing,
parents
or
guardians
with
disabil
-
21
ities
shall
have
the
right
to
introduce
admissible
evidence
regarding
how
22
use
of
adaptive
equipment
or
supportive
services
may
enable
the
parent
or
23
guardian
to
carry
out
the
responsibilities
of
parenting
the
child
by
ad
-
24
dressing
the
reason
for
the
removal
of
the
child.
25
(4)
If
a
preponderance
of
the
clear
and
convincing
evidence
at
the
adju
-
26
dicatory
hearing
shows
that
the
child
comes
within
the
court's
jurisdiction
27
under
this
chapter
upon
the
grounds
set
forth
in
section
16
-
1603,
Idaho
Code,
28
the
court
shall
so
decree
and
in
its
decree
shall
make
a
finding
on
the
record
29
of
the
facts
and
conclusions
of
law
upon
which
it
exercises
jurisdiction
over
30
the
child.
A
child
shall
not
come
within
the
court's
jurisdiction
under
this
31
chapter
on
the
basis
of
hearsay
alone,
but
shall
be
supported
by
relevant
and
32
probative
evidence
on
the
record.
33
(5)
Upon
entering
its
decree,
the
court
shall
consider
any
information
34
relevant
to
the
disposition
of
the
child
but
in
any
event
shall:
35
(a)
Place
the
child
under
the
protective
supervision
of
the
department
36
for
an
indeterminate
period
not
to
exceed
the
child's
eighteenth
birth
-
37
day;
or
38
(b)
Vest
legal
custody
in
the
department
or
other
authorized
agency
39
subject
to
residual
parental
rights
and
subject
to
full
judicial
re
-
40
view
by
the
court
and,
when
contested
by
any
party,
judicial
approval
41
of
all
matters
relating
to
the
custody
of
the
child
by
the
department
42
or
other
authorized
agency.
If
the
department
has
placed
the
child
in
43
a
qualified
residential
treatment
program,
the
court
shall
approve
or
44
disapprove
the
placement
within
sixty
(60)
days
of
placement
in
accor
-
45
dance
with
section
16
-
1619A,
Idaho
Code.
46
(6)
If
the
court
vests
legal
custody
in
the
department
or
other
autho
-
47
rized
agency,
the
court
shall
make
detailed
written
findings
based
on
facts
48
in
the
record
that,
in
addition
to
the
findings
required
in
subsection
(4)
of
49
12
this
section,
continuation
of
residence
in
the
home
would
be
contrary
to
the
1
welfare
of
the
child
and
that
vesting
legal
custody
with
the
department
or
2
other
authorized
agency
would
be
in
the
best
interests
of
the
child.
In
ad
-
3
dition,
the
court
shall
make
detailed
written
findings
based
on
facts
in
the
4
record
as
to
whether
the
department
made
reasonable
efforts
to
prevent
the
5
placement
of
the
child
in
foster
care,
including
findings,
when
appropriate,
6
that:
7
(a)
Reasonable
efforts
were
made
but
were
not
successful
in
eliminating
8
the
need
for
foster
care
placement
of
the
child;
9
(b)
The
department
made
reasonable
efforts
to
prevent
removal
but
was
10
not
able
to
safely
provide
preventive
services;
1
1
(c)
Reasonable
efforts
to
temporarily
place
the
child
with
related
per
-
12
sons
were
made
but
were
not
successful;
or
13
(d)
Reasonable
efforts
to
reunify
the
child
with
one
(1)
or
both
parents
14
were
not
required
because
aggravated
circumstances
were
present.
If
15
aggravated
circumstances
are
found,
a
permanency
hearing
for
the
child
16
shall
be
held
within
thirty
(30)
days
of
the
determination
of
aggravated
17
circumstances.
18
(7)(a)
The
court
shall
also
inquire
regarding:
19
(i)
Whether
there
is
reason
to
believe
that
the
child
is
an
Indian
20
child;
21
(ii)
The
efforts
that
have
been
made
since
the
last
hearing
to
de
-
22
termine
whether
the
child
is
an
Indian
child;
and
23
(iii)
The
department's
efforts
to
work
with
all
tribes
of
which
the
24
child
may
be
a
member
to
verify
whether
the
child
is
a
member
or
el
-
25
igible
for
membership.
26
(b)
In
addition,
if
the
court
vests
legal
custody
of
the
child
in
the
27
department
or
other
authorized
agency,
the
court
shall
inquire
as
to:
28
(i)
If
the
child
is
of
school
age,
the
department's
efforts
to
29
keep
the
child
in
the
school
at
which
the
child
is
currently
en
-
30
rolled;
and
31
(ii)
If
a
sibling
group
was
removed
from
the
home,
the
depart
-
32
ment's
efforts
to
place
the
siblings
together,
or
if
the
depart
-
33
ment
has
not
placed
or
will
not
be
placing
the
siblings
together,
34
about
a
plan
to
ensure
frequent
visitation
or
ongoing
interac
-
35
tion
among
the
siblings,
unless
visitation
or
ongoing
interaction
36
would
be
contrary
to
the
safety
or
well
-
being
of
one
(1)
or
more
of
37
the
siblings.
38
(c)
If
the
court
vests
legal
custody
of
the
child
in
the
department
39
or
other
authorized
agency
and
the
child
is
being
treated
with
psy
-
40
chotropic
medication,
these
additional
requirements
shall
apply:
41
(i)
The
department
shall
report
to
the
court
the
medications
and
42
dosages
prescribed
for
the
child
and
the
medical
professional
who
43
prescribed
the
medication;
and
44
(ii)
The
court
shall
inquire
about
and
may
make
any
additional
in
-
45
quiry
relevant
to
the
use
of
psychotropic
medications.
46
(8)
A
decree
vesting
legal
custody
in
the
department
shall
be
binding
47
upon
the
department
and
may
continue
until
the
child's
eighteenth
birthday.
48
(9)
A
decree
vesting
legal
custody
in
an
authorized
agency
other
than
49
the
department
shall
be
for
a
period
of
time
not
to
exceed
the
child's
eigh
-
50
13
teenth
birthday
and
on
such
other
terms
as
the
court
shall
state
in
its
decree
1
to
be
in
the
best
interests
of
the
child
and
which
the
court
finds
to
be
ac
-
2
ceptable
to
such
authorized
agency.
3
(10)
If
the
court
does
not
find
that
the
child
comes
within
the
juris
-
4
diction
of
this
chapter
pursuant
to
subsection
(4)
of
this
section,
it
shall
5
dismiss
the
petition.
6
(11)
Where
legal
custody
of
a
child
is
vested
in
the
department,
any
7
party
or
counsel
for
a
child
may,
at
or
after
the
disposition
phase
of
an
8
adjudicatory
hearing,
file
and
serve
a
written
motion
to
contest
matters
9
relating
to
the
placement
of
the
child
by
the
department.
The
hearing
must
10
be
held
no
later
than
thirty
(30)
days
from
the
date
the
motion
was
filed.
If
1
1
the
court
approves
the
placement,
the
court
shall
enter
an
order
denying
the
12
motion.
If
the
court
does
not
approve
the
placement,
the
court
shall
enter
13
an
order
directing
the
department
to
identify
and
implement
an
alternative
14
placement
in
accordance
with
applicable
law.
The
court
shall
consider
ev
-
15
erything
necessary
or
proper
in
the
best
interests
of
the
children.
The
16
court
shall
consider
all
relevant
factors,
which
may
include:
17
(a)
The
wishes
of
the
child
regarding
the
child's
custodian;
18
(b)
The
wishes
of
the
child's
parent
or
parents
regarding
the
child's
19
custody,
if
appropriate;
20
(c)
The
interaction
and
interrelationship
of
the
child
with
his
parent
21
or
parents
or
foster
parent
or
foster
parents,
and
the
child's
siblings;
22
(d)
The
child's
adjustment
to
his
home,
school
and
community;
23
(e)
The
character
and
circumstances
of
all
individuals
involved;
24
(f)
The
need
to
promote
continuity
and
stability
in
the
life
of
the
25
child;
and
26
(g)
A
history
of
domestic
violence
as
defined
in
section
39
-
6303,
Idaho
27
Code,
whether
or
not
in
the
presence
of
the
child,
or
a
conviction
for
28
lewd
and
lascivious
conduct
or
felony
injury
to
a
child.
29
SECTION
8.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32