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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1257
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
CHILD
PROTECTION;
AMENDING
SECTION
16
-
1602,
IDAHO
CODE,
TO
2
DEFINE
A
TERM;
AMENDING
SECTION
16
-
2005,
IDAHO
CODE,
TO
REVISE
PROVI
-
3
SIONS
REGARDING
CONDITIONS
UNDER
WHICH
TERMINATION
MAY
BE
GRANTED;
AND
4
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
16
-
1602,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
16
-
1602.
DEFINITIONS.
For
purposes
of
this
chapter:
9
(1)
"Abused"
means
any
case
in
which
a
child
has
been
the
victim
of:
10
(a)
Conduct
or
omission
resulting
in
skin
bruising,
bleeding,
mal
-
1
1
nutrition,
burns,
fracture
of
any
bone,
head
injury,
soft
tissue
12
swelling,
failure
to
thrive
or
death,
and
such
condition
or
death
is
not
13
justifiably
explained,
or
where
the
history
given
concerning
such
con
-
14
dition
or
death
is
at
variance
with
the
degree
or
type
of
such
condition
15
or
death,
or
the
circumstances
indicate
that
such
condition
or
death
may
16
not
be
the
product
of
an
accidental
occurrence;
or
17
(b)
Sexual
conduct,
including
rape,
molestation,
incest,
commercial
18
sexual
activity,
obscene
or
pornographic
photographing,
filming
or
de
-
19
piction
for
commercial
purposes,
human
trafficking
as
defined
in
chap
-
20
ter
86,
title
18,
Idaho
Code,
or
other
similar
forms
of
sexual
exploita
-
21
tion
harming
or
threatening
the
child's
health
or
welfare
or
mental
in
-
22
jury
to
the
child.
23
(2)
"Abandoned"
means
the
failure
of
the
parent
to
maintain
a
normal
24
parental
relationship
with
his
child
including,
but
not
limited
to,
reason
-
25
able
support
or
regular
personal
contact.
Failure
to
maintain
this
rela
-
26
tionship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
27
prima
facie
evidence
of
abandonment.
28
(3)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
29
is
used
to
increase,
maintain
or
improve
the
parenting
capabilities
of
a
par
-
30
ent
with
a
disability.
31
(4)
"Adjudicatory
hearing"
means
a
hearing
to
determine:
32
(a)
Whether
the
child
comes
under
the
jurisdiction
of
the
court
pur
-
33
suant
to
the
provisions
of
this
chapter;
34
(b)
Whether
continuation
of
the
child
in
the
home
would
be
contrary
to
35
the
child's
welfare
and
whether
the
best
interest
of
the
child
requires
36
protective
supervision
or
vesting
legal
custody
of
the
child
in
an
au
-
37
thorized
agency.
38
(5)
"Age
of
developmentally
appropriate"
means:
39
(a)
Activities
that
are
generally
accepted
as
suitable
for
children
of
40
the
same
chronological
age
or
level
of
maturity
or
that
are
determined
41
to
be
developmentally
appropriate
for
a
child,
based
on
the
development
42
2
of
cognitive,
emotional,
physical
and
behavioral
capacities
that
are
1
typical
for
an
age
or
age
group;
and
2
(b)
In
the
case
of
a
specific
child,
activities
or
items
that
are
suit
-
3
able
for
the
child
based
on
the
developmental
stages
attained
by
the
4
child
with
respect
to
the
cognitive,
emotional,
physical
and
behavioral
5
capacities
of
the
child.
6
(6)
"Aggravated
circumstances"
includes,
but
is
not
limited
to:
7
(a)
Circumstances
in
which
the
parent
has
engaged
in
any
of
the
follow
-
8
ing:
9
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
10
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
1
1
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
that
12
return
of
the
child
to
the
home
would
result
in
unacceptable
risk
13
to
the
health
and
welfare
of
the
child.
14
(ii)
Sexual
abuse
against
a
child
of
the
parent.
Sexual
abuse,
for
15
the
purposes
of
this
section,
includes
any
conduct
described
in
16
section
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
17
or
18
-
6604,
or
chapter
86,
title
18,
Idaho
Code.
18
(iii)
Torture
of
a
child.
Any
conduct
listed
in
section
19
18
-
8303(1),
Idaho
Code;
battery
or
an
injury
to
a
child
that
re
-
20
sults
in
serious
or
great
bodily
injury
to
a
child;
voluntary
21
manslaughter
of
a
child,
or
aiding
or
abetting
such
voluntary
22
manslaughter,
soliciting
such
voluntary
manslaughter
or
attempt
-
23
ing
or
conspiring
to
commit
such
voluntary
manslaughter;
24
(b)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
so
-
25
licited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
26
(c)
The
parental
rights
of
the
parent
to
another
child
have
been
termi
-
27
nated
involuntarily.
28
(7)
"Authorized
agency"
means
the
department,
a
local
agency,
a
person,
29
an
organization,
corporation,
benevolent
society
or
association
licensed
30
or
approved
by
the
department
or
the
court
to
receive
children
for
control,
31
care,
maintenance
or
placement.
32
(8)
"Caregiver"
means
a
foster
parent
with
whom
a
child
in
foster
care
33
has
been
placed
or
a
designated
official
for
a
child
care
institution
in
34
which
a
child
in
foster
care
has
been
placed.
35
(9)
"Case
plan
hearing"
means
a
hearing
to
approve,
modify
or
reject
the
36
case
plan
as
provided
in
section
16
-
1621,
Idaho
Code.
37
(10)
"Child"
means
an
individual
who
is
under
the
age
of
eighteen
(18)
38
years.
39
(11)
"Child
advocacy
center"
or
"CAC"
means
an
organization
that
ad
-
40
heres
to
national
best
practice
standards
established
by
the
national
41
membership
and
accrediting
body
for
children's
advocacy
centers
and
that
42
promotes
a
comprehensive
and
coordinated
multidisciplinary
team
response
to
43
allegations
of
child
abuse
by
maintaining
a
child
-
friendly
facility
at
which
44
appropriate
services
are
provided.
These
services
may
include
forensic
in
-
45
terviews,
forensic
medical
examinations,
mental
health
services
and
other
46
related
victim
services.
47
(12)
"Circumstances
of
the
child"
includes,
but
is
not
limited
to,
the
48
joint
legal
custody
or
joint
physical
custody
of
the
child.
49
(13)
"Commit"
means
to
transfer
legal
and
physical
custody.
50
3
(14)
"Concurrent
planning"
means
a
planning
model
that
prepares
for
and
1
implements
different
outcomes
at
the
same
time.
2
(15)
"Court"
means
district
court
or
magistrate
division
thereof
or,
if
3
the
context
requires,
a
magistrate
or
judge
thereof.
4
(16)
"Custodian"
means
a
person,
other
than
a
parent
or
legal
guardian,
5
to
whom
legal
or
joint
legal
custody
of
the
child
has
been
given
by
court
or
-
6
der.
7
(17)
"Department"
means
the
department
of
health
and
welfare
and
its
au
-
8
thorized
representatives.
9
(18)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
10
physical
impairment
that
substantially
limits
one
(1)
or
more
major
life
1
1
activities
of
the
individual
including,
but
not
limited
to,
self
-
care,
man
-
12
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning
or
working,
or
a
13
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
14
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
15
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
16
disorders,
compulsive
gambling,
kleptomania
or
pyromania.
Sexual
prefer
-
17
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
18
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
19
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
20
used
to
reduce
the
effects
of
the
impairment.
21
(19)
"Family
or
household
member"
shall
have
the
same
meaning
as
in
sec
-
22
tion
39
-
6303(6),
Idaho
Code.
23
(20)
"Foster
care"
means
twenty
-
four
(24)
hour
substitute
parental
care
24
for
children
placed
away
from
their
parents
or
guardians
by
persons
who
may
25
or
may
not
be
related
to
the
children
and
for
whom
the
state
agency
has
place
-
26
ment
and
care
responsibility.
27
(21)
"Foster
parent"
means
a
person
or
persons
licensed
to
provide
fos
-
28
ter
care.
29
(22)
"Grant
administrator"
means
the
supreme
court
or
any
organization
30
or
agency
as
may
be
designated
by
the
supreme
court
in
accordance
with
such
31
procedures
as
may
be
adopted
by
the
supreme
court.
The
grant
administrator
32
shall
administer
funds
from
the
guardian
ad
litem
account
in
accordance
with
33
the
provisions
of
this
chapter.
34
(23)
"Guardian
ad
litem"
means
a
person
appointed
by
the
court
pursuant
35
to
a
guardian
ad
litem
volunteer
program
to
act
as
special
advocate
for
a
36
child
under
this
chapter.
37
(24)
"Guardian
ad
litem
coordinator"
means
a
person
or
entity
receiving
38
moneys
from
the
grant
administrator
for
the
purpose
of
carrying
out
any
of
39
the
duties
set
forth
in
section
16
-
1632,
Idaho
Code.
40
(25)
"Guardian
ad
litem
program"
means
the
program
to
recruit,
train
and
41
coordinate
volunteer
persons
to
serve
as
guardians
ad
litem
for
abused,
ne
-
42
glected
or
abandoned
children.
43
(26)
"Homeless,"
as
used
in
this
chapter,
shall
mean
that
the
child
is
44
without
adequate
shelter
or
other
living
facilities,
and
the
lack
of
such
45
shelter
or
other
living
facilities
poses
a
threat
to
the
health,
safety
or
46
well
-
being
of
the
child.
47
(27)
"Idaho
network
of
children's
advocacy
centers"
means
an
organiza
-
48
tion
that
provides
education
and
technical
assistance
to
child
advocacy
cen
-
49
4
ters
and
to
interagency
multidisciplinary
teams
developed
pursuant
to
sec
-
1
tion
16
-
1617,
Idaho
Code.
2
(28)
"Law
enforcement
agency"
means
a
city
police
department,
the
pros
-
3
ecuting
attorney
of
any
county,
state
law
enforcement
officers,
or
the
of
-
4
fice
of
a
sheriff
of
any
county.
5
(29)
"Legal
custody"
means
a
relationship
created
by
court
order,
which
6
vests
in
a
custodian
the
following
rights
and
responsibilities:
7
(a)
To
have
physical
custody
and
control
of
the
child,
and
to
determine
8
where
and
with
whom
the
child
shall
live.
9
(b)
To
supply
the
child
with
food,
clothing,
shelter
and
incidental
ne
-
10
cessities.
1
1
(c)
To
provide
the
child
with
care,
education
and
discipline.
12
(d)
To
authorize
ordinary
medical,
dental,
psychiatric,
psychologi
-
13
cal,
or
other
remedial
care
and
treatment
for
the
child,
including
care
14
and
treatment
in
a
facility
with
a
program
of
services
for
children,
and
15
to
authorize
surgery
if
the
surgery
is
deemed
by
two
(2)
physicians
li
-
16
censed
to
practice
in
this
state
to
be
necessary
for
the
child.
17
(e)
Where
the
parents
share
legal
custody,
the
custodian
may
be
vested
18
with
the
custody
previously
held
by
either
or
both
parents.
19
(30)
"Mental
injury"
means
a
substantial
impairment
in
the
intellectual
20
or
psychological
ability
of
a
child
to
function
within
a
normal
range
of
per
-
21
formance
and/or
behavior,
for
short
or
long
terms.
22
(31)
"Neglected"
means
a
child:
23
(a)
Who
is
without
proper
parental
care
and
control,
or
subsistence,
24
medical
or
other
care
or
control
necessary
for
his
well
-
being
because
of
25
the
conduct
or
omission
of
his
parents,
guardian
or
other
custodian
or
26
their
neglect
or
refusal
to
provide
them;
however,
no
child
whose
parent
27
or
guardian
chooses
for
such
child
treatment
by
prayers
through
spiri
-
28
tual
means
alone
in
lieu
of
medical
treatment
shall
be
deemed
for
that
29
reason
alone
to
be
neglected
or
lack
parental
care
necessary
for
his
30
health
and
well
-
being,
but
this
subsection
shall
not
prevent
the
court
31
from
acting
pursuant
to
section
16
-
1627,
Idaho
Code;
or
32
(b)
Whose
parent,
guardian
or
other
custodian
is
unable
to
discharge
33
the
responsibilities
to
and
for
the
child
and,
as
a
result
of
such
in
-
34
ability,
the
child
lacks
the
parental
care
necessary
for
his
health,
35
safety
or
well
-
being;
or
36
(c)
Who
has
been
placed
for
care
or
adoption
in
violation
of
law;
or
37
(d)
Who
is
without
proper
education
because
of
the
failure
to
comply
38
with
section
33
-
202,
Idaho
Code.
39
(32)
"Order
to
prevent
removal,"
as
described
in
section
16
-
1611(5),
40
Idaho
Code,
means
an
order
to
allow
a
child
to
remain
in
the
child's
present
41
surroundings
when
there
is
reasonable
cause
to
believe
the
child
is
safe
in
42
the
sole
care
of
one
(1)
parent,
legal
guardian,
or
legal
custodian
and
when
43
there
is
alleged
neglect
or
abuse
by
another
parent,
legal
guardian,
or
legal
44
custodian.
45
(33)
"Permanency
hearing"
means
a
hearing
to
review,
approve,
reject
or
46
modify
the
permanency
plan
of
the
department
and
to
review
reasonable
ef
-
47
forts
in
accomplishing
the
permanency
plan.
48
(34)
"Permanency
plan"
means
a
plan
for
a
continuous
residence
and
main
-
49
tenance
of
nurturing
relationships
during
the
child's
minority.
50
5
(35)
"Protective
supervision"
is
a
legal
status
created
by
court
order
1
in
a
child
protective
case
whereby
the
child
is
in
the
legal
custody
of
his
or
2
her
parent(s),
guardian(s)
or
other
legal
custodian(s),
subject
to
supervi
-
3
sion
by
the
department.
4
(36)
"Psychotropic
medication"
means
a
drug
prescribed
to
affect
psy
-
5
chological
functioning,
perception,
behavior
or
mood.
Psychotropic
medi
-
6
cations
include,
but
are
not
limited
to,
antidepressants,
mood
stabilizers,
7
antipsychotics,
antianxiety
medications,
sedatives
and
stimulants.
8
(37)
"Qualified
individual"
means
a
trained
professional
or
licensed
9
clinician
who
is
not
connected
to
or
affiliated
with
any
placement
setting
10
in
which
children
are
placed
by
the
department
and
who
is
not
an
employee
of
1
1
child
and
family
services,
unless
a
waiver
has
been
approved
by
the
autho
-
12
rized
agency.
13
(38)
"Qualified
residential
treatment
program"
means
a
program
that
has
14
a
trauma
-
informed
treatment
model
designed
to
address
the
needs
of
children
15
with
serious
emotional
or
behavioral
disorders
or
disturbances,
is
able
to
16
implement
the
treatment
identified
for
the
child
by
the
assessment
of
the
17
child
required
under
section
16
-
1619A(2),
Idaho
Code,
and
is
licensed
and
18
accredited
in
accordance
with
state
and
federal
law.
19
(39)
"Reasonable
and
prudent
parent
standard"
means
the
standard
of
20
care
characterized
by
careful
and
sensible
parental
decisions
that
main
-
21
tain
the
health,
safety
and
best
interests
of
a
child
while
simultaneously
22
encouraging
the
emotional
and
developmental
growth
of
the
child
that
a
care
-
23
giver
shall
use
when
determining
whether
to
allow
a
child
in
foster
care
24
under
the
responsibility
of
the
state
to
participate
in
extracurricular,
25
enrichment,
cultural
or
social
activities.
26
(40)
"Relative"
means
a
child's
grandparent,
great
grandparent,
aunt,
27
great
aunt,
uncle,
great
uncle,
brother
-
in
-
law,
sister
-
in
-
law,
first
28
cousin,
sibling
and
half
-
sibling.
29
(41)
"Residual
parental
rights
and
responsibilities"
means
those
30
rights
and
responsibilities
remaining
with
the
parents
after
the
transfer
of
31
legal
custody
including,
but
not
necessarily
limited
to,
the
right
of
visi
-
32
tation,
the
right
to
consent
to
adoption,
the
right
to
determine
religious
33
affiliation,
the
right
to
family
counseling
when
beneficial,
and
the
respon
-
34
sibility
for
support.
35
(42)
"Shelter
care"
means
places
designated
by
the
department
for
tem
-
36
porary
care
of
children
pending
court
disposition
or
placement.
37
(43)
"Supportive
services,"
as
used
in
this
chapter,
shall
mean
ser
-
38
vices
that
assist
parents
with
a
disability
to
compensate
for
those
aspects
39
of
their
disability
that
affect
their
ability
to
care
for
their
child
and
40
that
will
enable
them
to
discharge
their
parental
responsibilities.
The
41
term
includes
specialized
or
adapted
training,
evaluations
or
assistance
42
with
effectively
using
adaptive
equipment
and
accommodations
that
allow
43
parents
with
a
disability
to
benefit
from
other
services
including,
but
not
44
limited
to,
Braille
texts
or
sign
language
interpreters.
45
(44)(a)
"Visitation"
means
contact
between
a
child
and
the
child's
par
-
46
ent,
guardian,
custodian,
or
siblings.
Visitation
includes
in
-
person
47
visitation,
video
communication,
telephonic
contact,
and
written
com
-
48
munication.
49
6
(b)
When
the
department
has
a
substantiated
claim
of
sexual
abuse
or
1
physical
abuse
against
the
parent,
guardian,
or
custodian,
in
-
person
2
visitation
shall
not
be
permitted
unless
the
court
finds
that
in
-
per
-
3
son
visitation
is
in
the
best
interest
of
the
child.
The
court
shall
4
set
forth
written
conditions
for
such
in
-
person
visitation
that
ensures
5
the
visitation
is
safe
and
does
not
harm
the
child's
physical
or
mental
6
health.
Unless
the
court
finds
good
cause
to
deviate,
the
written
con
-
7
ditions
shall
include:
8
(i)
The
parent,
guardian,
or
custodian
shall
not
be
left
alone
9
with
the
child
for
any
reason,
including
restroom
breaks;
10
(ii)
The
parent,
guardian,
or
custodian
shall
not
allow
the
child
1
1
to
sit
on
the
person's,
guardian's,
or
custodian's
lap
when
there
12
is
substantiated
sexual
abuse;
and
13
(iii)
The
parent,
guardian,
or
custodian
shall
not
be
allowed
to
14
engage
in
secret
conversations
or
other
communication
that
cannot
15
be
monitored
in
real
time.
16
(c)
For
the
purposes
of
this
subsection:
17
(i)
"Physical
abuse"
is
as
defined
in
subsection
(1)(a)
of
this
18
section,
where
the
abuse
caused
life
-
threatening,
disabling,
or
19
disfiguring
injury
or
damage,
or
required
medical
treatment
as
20
recommended
by
a
medical
provider.
21
(ii)
"Sexual
abuse"
is
as
defined
in
subsection
(1)(b)
of
this
22
section
and
includes
"sexual
exploitation"
as
described
in
sec
-
23
tions
18
-
1507
and
18
-
1507A,
Idaho
Code.
24
(iii)
"Substantiated
claim"
means:
25
1.
Abuse
was
witnessed
by
an
employee
of
the
department;
26
2.
A
court
determines
in
an
adjudicatory
hearing
that
an
27
abused
child
comes
within
the
jurisdiction
of
this
chapter;
28
3.
An
alleged
offender
confessed;
29
4.
Abuse
was
corroborated
by
physical
or
medical
evidence;
30
or
31
5.
Abuse
has
been
established
by
a
preponderance
of
the
evi
-
32
dence.
33
SECTION
2.
That
Section
16
-
2005,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
16
-
2005.
CONDITIONS
UNDER
WHICH
TERMINATION
MAY
BE
GRANTED.
36
(1)(a)
The
court
may
grant
an
order
terminating
the
relationship
where
37
it
finds
that
termination
of
parental
rights
is
in
the
best
interests
of
38
the
child
and
that
one
(1)
or
more
of
the
following
conditions
exist:
39
(i)
The
parent
has
abandoned
the
child;
40
(ii)
The
parent
has
neglected
or
abused
the
child;
41
(iii)
The
presumptive
parent
is
not
the
biological
parent
of
the
42
child;
43
(iv)
The
parent
is
unable
to
discharge
parental
responsibilities
44
and
such
inability
will
continue
for
a
prolonged
indeterminate
pe
-
45
riod
and
will
be
injurious
to
the
health,
morals
or
well
-
being
of
46
the
child;
or
47
7
(v)
The
parent
has
been
incarcerated
and
is
likely
to
remain
in
-
1
carcerated
for
a
substantial
period
of
time
during
the
child's
mi
-
2
nority
.
;
or
3
(vi)
The
parent
is
incarcerated
at
the
time
of
the
termination
4
hearing
and
has
been
or
likely
will
remain
incarcerated
for
a
sub
-
5
stantial
portion
of
the
child's
minority,
and
termination
is
ini
-
6
tiated
by
the
department
for
such
child
who
is
in
the
legal
custody
7
of
the
department.
8
(b)
For
terminations
arising
from
a
case
filed
pursuant
to
chapter
16,
9
title
16,
Idaho
Code,
additional
factors
that
inform
what
is
in
the
best
10
interest
of
the
child,
beyond
those
otherwise
identified
by
the
courts,
1
1
include:
12
(i)
The
parent's
efforts
to
improve
the
parent's
capacity
to
13
safely
reunify
with
the
child;
14
(ii)
The
parent's
demonstrated
ability
to
live
a
law
-
abiding
15
life,
excepting
infraction
violations;
and
16
(iii)
When
the
child
has
formed
a
strong
and
positive
bond
with
the
17
child's
substitute
caretaker,
the
strong
and
positive
bond
has
ex
-
18
isted
for
a
substantial
portion
of
the
child's
life,
the
removal
of
19
the
child
from
the
substitute
caretaker
would
likely
cause
serious
20
psychological
harm
to
the
child,
and
the
parent
lacks
the
capacity
21
to
meet
the
needs
of
the
child
upon
removal.
22
(2)
The
court
may
grant
an
order
terminating
the
relationship
and
may
23
rebuttably
presume
that
such
termination
of
parental
rights
is
in
the
best
24
interests
of
the
child
where:
25
(a)
The
parent
caused
the
child
to
be
conceived
as
a
result
of
rape,
26
incest,
lewd
conduct
with
a
minor
child
under
the
age
of
sixteen
(16)
27
years,
or
sexual
abuse
of
a
child
under
the
age
of
sixteen
(16)
years,
as
28
defined
in
sections
18
-
6101,
18
-
1508,
18
-
1506,
and
18
-
6601,
Idaho
Code;
29
(b)
The
following
circumstances
are
present:
30
(i)
Abandonment,
chronic
abuse
or
chronic
neglect
of
the
child.
31
Chronic
neglect
or
chronic
abuse
of
a
child
shall
consist
of
abuse
32
or
neglect
that
is
so
extreme
or
repetitious
as
to
indicate
con
-
33
tinuing
the
relationship
would
result
in
unacceptable
risk
to
the
34
health
and
welfare
of
the
child;
35
(ii)
Sexual
abuse
against
a
child
of
the
parent.
Sexual
abuse,
for
36
the
purposes
of
this
section,
includes
any
conduct
described
in
37
section
18
-
1506,
18
-
1506A,
18
-
1507,
18
-
1508,
18
-
1508A,
18
-
6101,
38
or
18
-
6604,
Idaho
Code;
39
(iii)
Torture
of
a
child;
any
conduct
described
in
the
code
sec
-
40
tions
listed
in
section
18
-
8303(1),
Idaho
Code;
battery
or
an
41
injury
to
a
child
that
results
in
serious
or
great
bodily
in
-
42
jury
to
a
child;
voluntary
manslaughter
of
a
child,
or
aiding
or
43
abetting
such
voluntary
manslaughter,
soliciting
such
voluntary
44
manslaughter
or
attempting
or
conspiring
to
commit
such
voluntary
45
manslaughter;
46
(iv)
The
parent
has
committed
murder,
aided
or
abetted
a
murder,
47
solicited
a
murder
or
attempted
or
conspired
to
commit
murder;
or
48
8
(c)
The
court
determines
the
child
to
be
an
abandoned
infant,
except
in
1
a
parental
termination
action
brought
by
one
(1)
parent
against
another
2
parent.
3
(3)
The
court
shall
not
grant
an
order
terminating
the
relationship
4
based
on
the
child's
immunization
status.
5
(4)
The
court
may
grant
an
order
terminating
the
relationship
if
termi
-
6
nation
is
found
to
be
in
the
best
interest
of
the
parent
and
child.
7
(5)
The
court
may
grant
an
order
terminating
the
relationship
where
a
8
consent
to
termination
in
the
manner
and
form
prescribed
by
this
chapter
has
9
been
filed
by
the
parent
or
parents
of
the
child
in
conjunction
with
a
peti
-
10
tion
for
adoption
initiated
by
the
person
or
persons
proposing
to
adopt
the
1
1
child,
where
the
consent
to
termination
has
been
filed
by
a
licensed
adop
-
12
tion
agency,
or
where
the
termination
is
initiated
by
the
department
per
-
13
taining
to
a
child
who
is
in
the
legal
custody
of
the
department,
and
no
sub
-
14
sequent
hearing
on
the
merits
of
the
petition
shall
be
held.
Consents
re
-
15
quired
by
this
chapter
must
be
witnessed
by
a
district
judge
or
magistrate
of
16
a
district
court,
or
equivalent
judicial
officer
of
the
state,
where
a
person
17
consenting
resides
or
is
present,
whether
within
or
without
the
county,
and
18
shall
be
substantially
in
the
following
form:
19
IN
THE
DISTRICT
COURT
OF
THE....
JUDICIAL
DISTRICT
OF
THE
STATE
OF
IDAHO,
IN
20
AND
FOR
THE
COUNTY
OF....
21
In
the
matter
of
the
termination
)
22
of
the
parental
rights
of
)
23
...................
)
24
...................
)
25
I
(we),
the
undersigned,
being
the....
of....,
do
hereby
give
my
(our)
26
full
and
free
consent
to
the
complete
and
absolute
termination
of
my
(our)
27
parental
right(s),
to
the
said....,
who
was
born....,....,
unto....,
hereby
28
relinquishing
completely
and
forever,
all
legal
rights,
privileges,
du
-
29
ties
and
obligations,
including
all
rights
of
inheritance
to
and
from
the
30
said....,
and
I
(we)
do
hereby
expressly
waive
my
(our)
right(s)
to
hear
-
31
ing
on
the
petition
to
terminate
my
(our)
parental
relationship
with
the
32
said....,
and
respectfully
request
the
petition
be
granted.
33
DATED:....,
20..
34
................
35
STATE
OF
IDAHO
)
36
)
ss.
37
COUNTY
OF....
)
38
On
this....
day
of....,
20..,
before
me,
the
undersigned....,....
39
(Judge
or
Magistrate)
of
the
District
Court
of
the....
Judicial
District
of
40
the
state
of
Idaho,
in
and
for
the
county
of....,
personally
appeared....,
41
known
to
me
(or
proved
to
me
on
the
oath
of....)
to
be
the
person(s)
whose
42
name(s)
is
(are)
subscribed
to
the
within
instrument,
and
acknowledged
to
me
43
that
he
(she,
they)
executed
the
same.
44
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
my
official
45
seal
the
day
and
year
in
this
certificate
first
above
written.
46
......................
(District
Judge
or
Magistrate)
47
9
(6)
The
court
shall
accept
a
consent
or
a
surrender
and
release
executed
1
in
another
state
if:
2
(a)
It
is
witnessed
by
a
magistrate
or
district
judge
of
the
state
where
3
signed;
or
4
(b)
The
court
receives
an
affidavit
or
a
certificate
from
a
court
of
5
comparable
jurisdiction
stating
that
the
consent
or
the
surrender
and
6
release
was
executed
in
accordance
with
the
laws
of
the
state
in
which
it
7
was
executed,
or
the
court
is
satisfied
by
other
showing
that
the
con
-
8
sent
or
surrender
and
release
was
executed
in
accordance
with
the
laws
9
of
the
state
in
which
it
was
executed.
10
(7)
The
court
shall
accept
a
termination
or
relinquishment
from
a
sis
-
1
1
ter
state
that
has
been
ordered
by
a
court
of
competent
jurisdiction
under
12
like
proceedings
or
in
any
other
manner
authorized
by
the
laws
of
a
sister
13
state.
In
a
state
where
the
father
has
failed
to
file
notice
of
claim
to
pa
-
14
ternity
and
willingness
to
assume
responsibility
as
provided
for
pursuant
to
15
the
laws
of
such
state,
and
where
such
failure
constitutes
an
abandonment
of
16
such
child
and
constitutes
a
termination
or
relinquishment
of
the
rights
of
17
the
putative
father,
the
court
shall
accept
such
failure
as
a
termination
in
18
this
state
without
further
hearing
on
the
merits
if
the
court
is
satisfied
19
that
such
failure
constitutes
a
termination
or
relinquishment
of
parental
20
rights
pursuant
to
the
laws
of
that
state.
21
(8)
The
court
shall
hold
a
hearing
unless:
22
(a)
A
consent
to
termination
signed
by
the
parent
or
parents
of
the
23
child
has
been
filed
by
an
adoption
agency
licensed
in
the
state
of
24
Idaho;
25
(b)
A
consent
to
termination
was
filed
in
conjunction
with
a
petition
26
for
adoption
of
the
child;
or
27
(c)
A
consent
to
termination
signed
by
the
parent
or
parents
of
the
28
child
has
been
filed
and
the
termination
is
initiated
by
the
department
29
pertaining
to
a
child
who
is
in
legal
custody
of
the
department.
30
(9)
If
the
parent
has
a
disability,
as
defined
in
this
chapter,
the
par
-
31
ent
shall
have
the
right
to
provide
evidence
to
the
court
regarding
the
man
-
32
ner
in
which
the
use
of
adaptive
equipment
or
supportive
services
will
enable
33
the
parent
to
carry
out
the
responsibilities
of
parenting
the
child.
Nothing
34
in
this
section
shall
be
construed
to
create
any
new
or
additional
obligation
35
on
state
or
local
governments
to
purchase
or
provide
adaptive
equipment
or
36
supportive
services
for
parents
with
disabilities.
37
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
38
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
39
July
1,
2026.
40