Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1266
BY
HEALTH
AND
WELFARE
COMMITTEE
AN
ACT
1
RELATING
TO
FOSTER
CARE
PLACEMENT;
AMENDING
SECTION
16
-
1622,
IDAHO
CODE,
TO
2
REVISE
PROVISIONS
REGARDING
PARENTAL
RIGHTS
AND
EXTENDED
FOSTER
CARE
3
ORDERS;
AMENDING
SECTION
16
-
2002,
IDAHO
CODE,
TO
REVISE
A
DEFINITION;
4
AMENDING
SECTION
39
-
1202,
IDAHO
CODE,
TO
REVISE
DEFINITIONS
AND
TO
5
DEFINE
A
TERM;
AMENDING
SECTION
39
-
1211A,
IDAHO
CODE,
TO
REVISE
PROVI
-
6
SIONS
REGARDING
PLACEMENT
OF
CHILDREN;
AND
DECLARING
AN
EMERGENCY
AND
7
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Section
16
-
1622,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
16
-
1622.
REVIEW
HEARINGS
-
-
STATUS
HEARINGS
-
-
ANNUAL
PERMANENCY
12
HEARINGS.
(1)
Review
hearing.
13
(a)
A
hearing
for
review
of
the
child's
case
and
permanency
plan
shall
14
be
held
no
later
than
six
(6)
months
after
entry
of
the
court's
order
15
taking
jurisdiction
under
this
act
and
every
two
(2)
months
thereafter.
16
The
department
and
the
guardian
ad
litem
shall
file
reports
to
the
court
17
no
later
than
five
(5)
days
prior
to
the
two
(2)
month
review
hearing.
18
The
purpose
of
the
review
hearing
is:
19
(i)
To
determine:
20
1.
The
safety
of
the
child;
21
2.
The
continuing
necessity
for
and
appropriateness
of
the
22
placement;
23
3.
The
extent
of
compliance
with
the
case
plan;
and
24
4.
The
extent
of
progress
that
has
been
made
toward
alle
-
25
viating
or
mitigating
the
causes
necessitating
placement
in
26
foster
care;
27
(ii)
To
determine
or
continue
to
investigate
whether
the
child
is
28
an
Indian
child.
If
there
is
reason
to
believe
that
the
child
is
an
29
Indian
child
and
there
has
not
been
a
final
determination
regard
-
30
ing
the
child's
status
as
an
Indian
child:
31
1.
The
department
shall
document
and
the
court
shall
inquire
32
about
the
efforts
that
have
been
made
since
the
last
hearing
33
to
determine
whether
the
child
is
an
Indian
child;
and
34
2.
The
department
shall
document
and
the
court
shall
de
-
35
termine
that
the
department
is
using
active
efforts
to
work
36
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
37
whether
the
child
is
a
member
or
eligible
for
membership;
38
(iii)
To
inquire
regarding
the
child's
educational
stability.
The
39
department
shall
document
and
the
court
shall
inquire
as
to
the
ef
-
40
forts
made
to
ensure
educational
stability
for
the
child,
includ
-
41
ing
the
efforts
made
to
keep
the
child
in
the
school
in
which
the
42
2
child
is
enrolled
at
the
time
of
placement
or
the
reason
that
re
-
1
maining
in
the
school
is
not
in
the
child's
best
interests;
2
(iv)
To
inquire
regarding
sibling
placement.
The
department
3
shall
document
and
the
court
shall
inquire
whether
siblings
were
4
placed
together
or,
if
siblings
were
not
placed
together,
the
5
efforts
made
to
place
siblings
together,
the
reasons
why
sib
-
6
lings
were
not
placed
together,
and
a
plan
for
ensuring
frequent
7
visitation
or
ongoing
interaction
between
the
siblings,
unless
8
visitation
or
ongoing
interaction
would
be
contrary
to
the
safety
9
or
well
-
being
of
one
(1)
or
more
of
the
siblings;
10
(v)
To
inquire
regarding
permanency.
The
court
shall
ask
each
1
1
youth
age
twelve
(12)
years
and
older
about
his
desired
permanency
12
outcome
and
discuss
with
the
youth
his
current
permanency
plan.
13
For
a
youth
age
fourteen
(14)
years
and
older,
the
hearing
shall
14
include
a
review
of
the
services
needed
to
assist
the
youth
to
make
15
the
transition
from
foster
care
to
successful
adulthood;
16
(vi)
To
document
efforts
related
to
the
reasonable
and
prudent
17
parent
standard.
For
a
youth
whose
permanency
goal
is
another
18
planned
permanent
living
arrangement,
the
department
shall
docu
-
19
ment:
20
1.
That
the
youth's
foster
parents
or
child
care
institution
21
is
following
the
reasonable
and
prudent
parent
standard
when
22
deciding
whether
the
child
may
participate
in
extracurricu
-
23
lar,
enrichment,
cultural
and
social
activities;
and
24
2.
The
regular,
ongoing
opportunities
to
engage
in
age
-
or
25
developmentally
appropriate
activities
that
have
been
pro
-
26
vided
to
the
youth;
27
(vii)
To
document
efforts
made
to
find
a
permanent
placement
other
28
than
another
planned
permanent
living
arrangement.
For
a
youth
29
whose
permanency
goal
is
another
planned
permanent
living
ar
-
30
rangement,
the
department
shall
document:
31
1.
The
intensive,
ongoing,
and,
as
of
the
date
of
the
hear
-
32
ing,
unsuccessful
efforts
made
to
place
the
youth
with
a
par
-
33
ent,
in
an
adoptive
placement,
in
a
guardianship,
or
in
the
34
legal
custody
of
the
department
in
a
placement
with
a
fit
and
35
willing
relative,
including
an
adult
sibling;
and
36
2.
Why
another
planned
permanent
living
arrangement
is
the
37
best
permanency
plan
for
the
youth
and
a
compelling
reason
38
why,
as
of
the
date
of
the
review
hearing,
it
would
not
be
in
39
the
best
interest
of
the
child
to
be
placed
permanently
with
40
a
parent,
in
an
adoptive
placement,
in
a
guardianship,
or
in
41
the
legal
custody
of
the
department
in
a
placement
with
a
fit
42
and
willing
relative,
including
an
adult
sibling;
43
(viii)
To
make
findings
regarding
a
permanency
goal
of
another
44
planned
permanent
living
arrangement.
For
youth
whose
permanency
45
goal
is
another
planned
permanent
living
arrangement,
the
court
46
shall
make
written,
case
-
specific
findings,
as
of
the
date
of
the
47
hearing,
that:
48
1.
Another
planned
permanent
living
arrangement
is
the
best
49
permanency
goal
for
the
youth;
and
50
3
2.
There
are
compelling
reasons
why
it
is
not
in
the
best
in
-
1
terest
of
the
youth
to
be
placed
permanently
with
a
parent,
2
in
an
adoptive
placement,
in
a
guardianship,
or
in
the
legal
3
custody
of
the
department
in
a
placement
with
a
fit
and
will
-
4
ing
relative,
including
an
adult
sibling;
5
(ix)
To
document
and
inquire
regarding
psychotropic
medication.
6
At
each
review
hearing,
if
the
child
is
being
treated
with
psy
-
7
chotropic
medication,
these
additional
requirements
shall
apply:
8
1.
The
department
shall
report
to
the
court
the
medication
9
and
dosage
prescribed
for
the
child
and
the
medical
profes
-
10
sional
who
prescribed
the
medication;
and
1
1
2.
The
court
shall
inquire
as
to,
and
may
make
any
additional
12
inquiry
relevant
to,
the
use
of
psychotropic
medication;
and
13
(x)
To
project,
when
reasonable,
a
likely
date
by
which
the
child
14
may
be
safely
returned
to
and
maintained
in
the
home
or
placed
in
15
another
permanent
placement.
16
(b)
A
status
hearing
is
a
review
hearing
that
does
not
address
all
or
17
most
of
the
purposes
identified
in
paragraph
(a)
of
this
subsection
and
18
may
be
held
at
the
discretion
of
the
court.
Neither
the
department
nor
19
the
guardian
ad
litem
is
required
to
file
a
report
with
the
court
prior
20
to
a
status
hearing,
unless
ordered
otherwise
by
the
court.
21
(c)
A
motion
for
revocation
or
modification
of
an
order
issued
un
-
22
der
section
16
-
1619,
Idaho
Code,
may
be
filed
by
the
department
or
any
23
party;
provided
that
no
motion
may
be
filed
by
the
respondents
under
24
this
section
within
three
(3)
months
of
a
prior
hearing
on
care
and
25
placement
of
the
child.
Notice
of
a
motion
for
review
of
a
child's
case
26
shall
be
provided
to
the
parents
and
other
legal
guardians,
the
prose
-
27
cuting
attorney
or
deputy
attorney
general,
the
guardian
ad
litem,
the
28
attorney
for
the
child,
the
department
and
foster
parents.
29
(d)
If
the
motion
filed
under
paragraph
(c)
of
this
subsection
alleges
30
that
the
child's
best
interests
are
no
longer
served
by
carrying
out
the
31
order
issued
under
section
16
-
1619,
Idaho
Code,
or
that
the
department
32
or
other
authorized
agency
has
failed
to
provide
adequate
care
for
the
33
child,
the
court
shall
hold
a
hearing
on
the
motion.
34
(e)
The
department
or
authorized
agency
may
move
the
court
at
any
time
35
to
vacate
any
order
placing
a
child
in
its
custody
or
under
its
protec
-
36
tive
supervision.
37
(2)
Permanency
plan
and
hearing.
38
(a)
The
permanency
plan
shall
include
a
permanency
goal.
The
per
-
39
manency
goal
may
be
one
(1)
of
the
following:
continued
efforts
at
40
reunification,
in
the
absence
of
a
judicial
determination
of
aggra
-
41
vated
circumstances;
or
termination
of
parental
rights
and
adoption,
42
guardianship
or,
for
youth
age
sixteen
(16)
years
and
older
only,
an
-
43
other
planned
permanent
living
arrangement.
Every
permanency
plan
44
shall
include
the
information
set
forth
in
section
16
-
1621(3)(a)
and
45
(b),
Idaho
Code.
If
the
permanency
plan
has
reunification
as
a
per
-
46
manency
goal,
the
plan
shall
include
information
set
forth
in
section
47
16
-
1621(3)(c),
Idaho
Code;
however,
if
the
circumstances
that
caused
48
the
child
to
be
placed
into
protective
custody
resulted
in
a
conviction
49
for
lewd
and
lascivious
conduct
or
felony
injury
to
a
child,
if
the
child
50
4
has
been
in
protective
custody
for
more
than
six
(6)
months,
or
if
a
1
high
risk
of
repeat
maltreatment
or
reentry
into
foster
care
exists
due
2
to
a
parent's
recent
completion
of
substance
abuse
treatment
or
other
3
compelling
circumstances,
then
the
permanency
plan
shall
include
a
4
period
of
protective
supervision
or
trial
home
visit
period
of
no
less
5
than
ninety
(90)
days
prior
to
the
court
vacating
the
case.
During
the
6
protective
supervision
or
trial
home
visit
period,
the
department
shall
7
make
regular
home
visits.
During
the
protective
supervision
or
trial
8
home
visit
period,
the
court
shall
hold
one
(1)
or
more
review
hearings
9
for
each
permanency
plan
where
a
period
of
protective
supervision
or
a
10
trial
home
visit
has
been
imposed
and
may
require
participation
in
sup
-
1
1
portive
services,
including
community
home
visiting
and
peer
-
to
-
peer
12
mentoring.
Families
reunified
following
a
period
of
protective
super
-
13
vision
or
a
trial
home
visit
should
be
encouraged
by
the
department
or
14
the
court
to
continue
to
participate
in
supportive
services
when
ben
-
15
eficial
and
appropriate.
If
the
permanency
plan
has
a
permanency
goal
16
other
than
reunification,
the
plan
shall
include
the
information
set
17
forth
in
section
16
-
1621(3)(d),
Idaho
Code,
and
if
the
permanency
goal
18
is
termination
of
parental
rights
and
adoption,
then
in
addition
to
the
19
information
set
forth
in
section
16
-
1620(3),
Idaho
Code,
the
permanency
20
plan
shall
also
name
the
proposed
adoptive
parents
when
known.
If
the
21
adoptive
parents
are
not
known
at
the
time
the
permanency
plan
is
pre
-
22
pared,
then
the
department
shall
amend
the
plan
to
name
the
proposed
23
adoptive
parents
as
soon
as
such
person
or
persons
become
known.
The
24
court
may
approve
a
permanency
plan
that
includes
a
primary
goal
and
a
25
concurrent
goal.
As
used
in
this
paragraph,
"trial
home
visit"
means
26
that
a
child
is
returned
to
the
care
of
the
parent
or
guardian
from
whom
27
the
child
was
removed
with
the
department
continuing
to
have
legal
cus
-
28
tody
of
the
child.
29
(b)
A
permanency
hearing
shall
be
held
no
later
than
twelve
(12)
months
30
from
the
date
the
child
is
removed
from
the
home
or
the
date
of
the
31
court's
order
taking
jurisdiction
under
this
chapter,
whichever
occurs
32
first,
and
at
least
every
twelve
(12)
months
thereafter,
as
long
as
the
33
court
has
jurisdiction
over
the
child.
The
court
shall
approve,
reject
34
or
modify
the
permanency
plan
of
the
department
and
review
progress
in
35
accomplishing
the
permanency
goal.
The
permanency
plan,
as
approved
by
36
the
court,
shall
be
entered
into
the
record
as
an
order
of
the
court.
A
37
permanency
hearing
may
be
held
at
any
time
and
may
be
combined
with
the
38
review
hearing
required
under
subsection
(1)
of
this
section.
39
(c)
The
court
shall
make
written,
case
-
specific
findings
whether
the
40
department
made
reasonable
efforts
to
finalize
the
primary
permanency
41
goal
in
effect
for
the
child.
Lack
of
reasonable
efforts
to
reunify
may
42
be
a
basis
for
an
order
approving
a
permanency
plan
with
a
permanency
43
goal
of
reunification.
44
(d)
Where
the
permanency
goal
is
not
reunification,
the
hearing
shall
45
include
a
review
of
the
department's
consideration
of
options
for
46
in
-
state
and
out
-
of
-
state
placement
of
the
child.
In
the
case
of
a
47
child
in
an
out
-
of
-
state
placement,
the
court
shall
determine
whether
48
the
out
-
of
-
state
placement
continues
to
be
appropriate
and
in
the
best
49
interest
of
the
child.
50
5
(e)
The
court
shall
ask
each
youth
age
twelve
(12)
years
and
older
about
1
his
desired
permanency
outcome
and
discuss
with
the
youth
his
current
2
permanency
plan.
In
the
case
of
a
child
who
has
attained
the
age
of
four
-
3
teen
(14)
years
and
older,
the
hearing
shall
include
a
determination
of
4
the
services
needed
to
assist
the
youth
to
make
the
transition
from
fos
-
5
ter
care
to
successful
adulthood.
6
(f)
The
court
may
approve
a
primary
permanency
goal
of
another
planned
7
permanent
living
arrangement
only
for
youth
age
sixteen
(16)
years
or
8
older
and
only
upon
written,
case
-
specific
findings
that,
as
of
the
date
9
of
the
hearing:
10
(i)
Another
planned
permanent
living
arrangement
is
the
best
per
-
1
1
manency
goal
for
the
youth;
and
12
(ii)
There
are
compelling
reasons
why
it
is
not
in
the
best
inter
-
13
est
of
the
youth
to
be
placed
permanently
with
a
parent,
in
an
adop
-
14
tive
placement,
in
a
guardianship,
or
in
the
legal
custody
of
the
15
department
in
a
placement
with
a
fit
and
willing
relative,
includ
-
16
ing
an
adult
sibling.
17
(g)
If
the
child
has
been
in
the
temporary
or
legal
custody
of
the
de
-
18
partment
for
twelve
(12)
of
the
most
recent
twenty
-
two
(22)
months,
the
19
department
shall
file,
prior
to
the
last
day
of
the
fifteenth
twelfth
20
month,
a
petition
to
terminate
parental
rights,
unless
the
court
finds
21
that:
22
(i)
The
child
is
placed
permanently
with
a
relative;
23
(ii)
There
are
compelling
reasons
why
termination
of
parental
24
rights
is
not
in
the
best
interests
of
the
child;
or
25
(iii)
The
department
has
failed
to
provide
reasonable
efforts
to
26
reunify
the
child
with
his
family.
27
(h)
The
department
shall
document
and
the
court
shall
inquire:
28
(i)
As
to
the
efforts
made
to
ensure
educational
stability
for
the
29
child,
including
the
efforts
made
to
keep
the
child
in
the
school
30
in
which
the
child
is
enrolled
at
the
time
of
placement
or
that
re
-
31
maining
in
the
school
is
not
in
the
child's
best
interests;
and
32
(ii)
That
siblings
were
placed
together
or,
if
siblings
were
not
33
placed
together,
the
efforts
made
to
place
siblings
together,
the
34
reasons
why
siblings
were
not
placed
together
or
why
a
joint
place
-
35
ment
would
be
contrary
to
the
safety
or
well
-
being
of
one
(1)
or
36
more
of
the
siblings
and
a
plan
for
ensuring
frequent
visitation
or
37
ongoing
interaction
among
siblings,
unless
visitation
or
ongoing
38
interaction
would
be
contrary
to
the
safety
or
well
-
being
of
one
39
(1)
or
more
of
the
siblings.
40
(i)
If
there
is
reason
to
believe
that
the
child
is
an
Indian
child
and
41
there
has
not
been
a
final
determination
regarding
the
child's
status
as
42
an
Indian
child,
the
department
shall
document
and
the
court
shall:
43
(i)
Inquire
about
the
efforts
that
have
been
made
since
the
last
44
hearing
to
determine
whether
the
child
is
an
Indian
child;
and
45
(ii)
Determine
that
the
department
has
made
active
efforts
to
work
46
with
all
tribes
of
which
the
child
may
be
a
member
to
verify
whether
47
the
child
is
a
member
or
eligible
for
membership.
48
(j)
At
each
permanency
hearing,
if
the
child
is
being
treated
with
psy
-
49
chotropic
medication,
these
additional
requirements
shall
apply:
50
6
(i)
The
department
shall
report
to
the
court
the
medication
and
1
dosage
prescribed
for
the
child
and
the
medical
professional
who
2
prescribed
the
medication;
and
3
(ii)
The
court
shall
inquire
as
to,
and
may
make
any
additional
4
inquiry
relevant
to,
the
use
of
psychotropic
medication.
5
(k)
The
court
may
authorize
the
department
to
suspend
further
efforts
6
to
reunify
the
child
with
the
child's
parent,
pending
further
order
of
7
the
court,
when
a
permanency
plan
is
approved
by
the
court
and
the
perma
-
8
nency
plan
does
not
include
a
permanency
goal
of
reunification.
9
(3)
If
a
youth
is
in
the
legal
custody
of
the
department
or
other
autho
-
10
rized
agency
and
is
within
ninety
(90)
days
of
his
eighteenth
birthday,
the
1
1
department
shall
file
a
report
with
the
court
that
includes
the
department's
12
transition
plan
for
the
youth.
The
court
shall
have
a
review
or
permanency
13
hearing
at
which
the
court
shall:
14
(a)
Discuss
with
the
youth
his
or
her
transition
plan;
and
15
(b)
Review
the
transition
plan
with
the
youth
for
purposes
of
ensur
-
16
ing
that
the
plan
provides
the
services
necessary
to
allow
the
youth
to
17
transition
to
a
successful
adulthood.
18
(4)
If
a
child
is
in
the
legal
custody
of
the
department
and
the
court
19
has
approved
placement
of
the
child
in
a
qualified
residential
treatment
20
program,
then
at
each
review
hearing
pursuant
to
subsection
(1)(a)
of
this
21
section
and
at
each
permanency
hearing
pursuant
to
subsection
(2)(b)
of
this
22
section
the
department
shall
document:
23
(a)
That
ongoing
assessment
of
the
strengths
and
needs
of
the
child
con
-
24
tinues
to
support
the
determination
that
the
needs
of
the
child
cannot
25
be
met
through
placement
in
a
foster
family
home,
that
the
placement
in
26
a
qualified
residential
treatment
program
provides
the
most
effective
27
and
appropriate
level
of
care
for
the
child
that
is
in
the
least
restric
-
28
tive
environment,
and
that
the
placement
is
consistent
with
the
short
-
29
term
and
long
-
term
goals
for
the
child,
as
specified
in
the
permanency
30
plan
for
the
child;
31
(b)
The
specific
treatment
or
service
needs
that
will
be
met
for
the
32
child
in
the
placement
and
the
length
of
time
the
child
is
expected
to
33
need
the
treatment
or
services;
and
34
(c)
The
efforts
made
by
the
department
to
prepare
the
child
to
return
35
home
or
to
be
placed
with
a
fit
and
willing
relative,
a
legal
guardian,
36
or
an
adoptive
parent
or
in
a
foster
family
home.
37
(5)
Notwithstanding
any
provision
of
law
to
the
contrary,
the
court
may
38
order
extended
foster
care
for
a
person
between
the
ages
of
eighteen
(18)
and
39
twenty
-
three
(23)
years
to
help
such
person
achieve
a
successful
transition
40
to
adulthood,
provided
such
person
must
have
been
in
the
custody
of
the
de
-
41
partment
until
his
eighteenth
birthday
and
must
meet
the
criteria
set
forth
42
in
42
U.S.C.
675(8)(B)(iv).
The
extension
shall
be
for
a
fixed
period
of
43
time
and
shall
not
extend
past
the
person's
twenty
-
third
birthday.
The
court
44
shall
hold
review
hearings
at
least
once
every
six
(6)
months
after
an
order
45
for
extended
foster
care
has
been
entered.
The
two
(2)
month
review
hearing
46
timeline
requirement
pursuant
to
subsection
(1)
of
this
section
shall
not
47
apply
to
extended
foster
care
orders.
48
SECTION
2.
That
Section
16
-
2002,
Idaho
Code,
be,
and
the
same
is
hereby
49
amended
to
read
as
follows:
50
7
16
-
2002.
DEFINITIONS.
When
used
in
this
chapter,
unless
the
text
oth
-
1
erwise
requires:
2
(1)
"Court"
means
the
district
court
or
magistrate's
division
thereof
3
or,
if
the
context
requires,
a
judge
or
magistrate
thereof.
4
(2)
"Child"
or
"minor"
means
any
individual
who
is
under
the
age
of
5
eighteen
(18)
years.
6
(3)
"Neglected"
means:
7
(a)
Conduct
as
defined
in
section
16
-
1602(31),
Idaho
Code;
or
8
(b)
The
parent(s)
has
failed
to
comply
with
the
court's
orders
or
the
9
case
plan
in
a
child
protective
act
case
and:
10
(i)
The
department
has
had
temporary
or
legal
custody
of
the
child
1
1
for
twelve
(12)
of
the
most
recent
twenty
-
two
(22)
months;
and
12
(ii)
Reunification
has
not
been
accomplished
by
the
last
day
of
13
the
fifteenth
twelfth
month
in
which
the
child
has
been
in
the
tem
-
14
porary
or
legal
custody
of
the
department.
15
(4)
"Abused"
means
conduct
as
defined
in
section
16
-
1602(1),
Idaho
16
Code.
17
(5)
"Abandoned"
means
the
parent
has
willfully
failed
to
maintain
a
18
normal
parental
relationship,
including
but
not
limited
to
reasonable
sup
-
19
port
or
regular
personal
contact.
Failure
of
the
parent
to
maintain
this
20
relationship
without
just
cause
for
a
period
of
one
(1)
year
shall
constitute
21
prima
facie
evidence
of
abandonment
under
this
section;
provided
however,
22
where
termination
is
sought
by
a
grandparent
seeking
to
adopt
the
child,
the
23
willful
failure
of
the
parent
to
maintain
a
normal
parental
relationship
as
24
provided
herein
without
just
cause
for
six
(6)
months
shall
constitute
prima
25
facie
evidence
of
abandonment.
26
(6)
"Legal
custody"
means
status
created
by
court
order
that
vests
in
a
27
custodian
the
following
rights
and
responsibilities:
28
(a)
To
have
physical
custody
and
control
of
the
child
and
to
determine
29
where
and
with
whom
the
child
shall
live;
30
(b)
To
supply
the
child
with
food,
clothing,
shelter
and
incidental
ne
-
31
cessities;
32
(c)
To
provide
the
child
with
care,
education
and
discipline;
and
33
(d)
To
authorize
medical,
dental,
psychiatric,
psychological
and
other
34
remedial
care
and
treatment
for
the
child,
including
care
and
treatment
35
in
a
facility
with
a
program
of
services
for
children.
36
However,
such
rights
and
responsibilities
shall
be
exercised
subject
to
the
37
powers,
rights,
duties
and
responsibilities
of
the
guardian
of
the
person.
38
(7)
"Guardianship
of
the
person"
means
those
rights
and
duties
imposed
39
upon
a
person
appointed
as
guardian
of
a
minor
under
the
laws
of
Idaho.
It
40
includes
but
is
not
necessarily
limited
either
in
number
or
kind
to:
41
(a)
The
authority
to
consent
to
marriage,
to
enlistment
in
the
armed
42
forces
of
the
United
States,
and
to
major
medical,
psychiatric
and
sur
-
43
gical
treatment;
to
represent
the
minor
in
legal
actions;
and
to
make
44
other
decisions
concerning
the
child
of
substantial
legal
signifi
-
45
cance;
46
(b)
The
authority
and
duty
of
reasonable
visitation,
except
to
the
ex
-
47
tent
that
such
right
of
visitation
has
been
limited
by
court
order;
48
8
(c)
The
rights
and
responsibilities
of
legal
custody,
except
where
le
-
1
gal
custody
has
been
vested
in
another
individual
or
in
an
authorized
2
child
placement
agency;
and
3
(d)
When
the
parent
and
child
relationship
has
been
terminated
by
judi
-
4
cial
decree
with
respect
to
the
parents,
or
only
living
parent,
or
when
5
there
is
no
living
parent,
the
authority
to
consent
to
the
adoption
of
6
the
child
and
to
make
any
other
decision
concerning
the
child
which
the
7
child's
parents
could
make.
8
(8)
"Guardian
ad
litem"
means
a
person
appointed
by
the
court
pursuant
9
to
section
16
-
1614
or
5
-
306,
Idaho
Code.
10
(9)
"Authorized
agency"
means
the
department,
a
local
agency,
a
person,
1
1
an
organization,
corporation,
benevolent
society
or
association
licensed
12
or
approved
by
the
department
or
the
court
to
receive
children
for
control,
13
care,
maintenance
or
placement.
14
(10)
"Department"
means
the
department
of
health
and
welfare
and
its
au
-
15
thorized
representatives.
16
(11)
"Parent"
means:
17
(a)
The
birth
mother
or
the
adoptive
mother;
18
(b)
The
adoptive
father;
19
(c)
The
biological
father
of
a
child
conceived
or
born
during
the
fa
-
20
ther's
marriage
to
the
birth
mother;
and
21
(d)
The
unmarried
biological
father
whose
consent
to
an
adoption
of
the
22
child
is
required
pursuant
to
section
16
-
1504,
Idaho
Code.
23
(12)
"Presumptive
father"
means
a
man
who
is
or
was
married
to
the
birth
24
mother
and
the
child
is
born
during
the
marriage
or
within
three
hundred
25
(300)
days
after
the
marriage
is
terminated.
26
(13)
"Parent
and
child
relationship"
includes
all
rights,
privileges,
27
duties
and
obligations
existing
between
parent
and
child,
including
inheri
-
28
tance
rights,
and
shall
be
construed
to
include
adoptive
parents.
29
(14)
"Parties"
includes
the
child
and
the
petitioners.
30
(15)
"Unmarried
biological
father,"
as
used
in
this
chapter
and
chapter
31
15,
title
16,
Idaho
Code,
means
the
biological
father
of
a
child
who
was
not
32
married
to
the
child's
mother
at
the
time
the
child
was
conceived
or
born.
33
(16)
"Unmarried
biological
mother,"
as
used
in
this
chapter,
means
the
34
biological
mother
of
a
child
who
was
not
married
to
the
child's
biological
35
father
at
the
time
the
child
was
conceived
or
born.
36
(17)
"Disability"
means,
with
respect
to
an
individual,
any
mental
or
37
physical
impairment
that
substantially
limits
one
(1)
or
more
major
life
38
activities
of
the
individual,
including
but
not
limited
to
self
-
care,
man
-
39
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning,
or
working,
or
a
40
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
41
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
42
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
43
disorders,
compulsive
gambling,
kleptomania,
or
pyromania.
Sexual
prefer
-
44
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
45
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
46
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
47
used
to
reduce
the
effects
of
the
impairment.
48
9
(18)
"Adaptive
equipment"
means
any
piece
of
equipment
or
any
item
that
1
is
used
to
increase,
maintain,
or
improve
the
parenting
abilities
of
a
parent
2
with
a
disability.
3
(19)
"Supportive
services"
means
services
that
assist
a
parent
with
a
4
disability
to
compensate
for
those
aspects
of
their
disability
that
affect
5
their
ability
to
care
for
their
child
and
that
will
enable
them
to
discharge
6
their
parental
responsibilities.
The
term
includes
specialized
or
adapted
7
training,
evaluations,
or
assistance
with
effective
use
of
adaptive
equip
-
8
ment
and
accommodations
that
allow
a
parent
with
a
disability
to
benefit
from
9
other
services,
such
as
Braille
texts
or
sign
language
interpreters.
10
SECTION
3.
That
Section
39
-
1202,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
39
-
1202.
DEFINITIONS.
For
the
purposes
of
this
chapter:
13
(1)
"Board"
means
the
Idaho
board
of
health
and
welfare.
14
(2)
"Child
care"
means
that
care,
control,
supervision
or
maintenance
15
of
children
for
twenty
-
four
(24)
hours
a
day
provided
as
an
alternative
to
16
parental
care.
17
(3)
"Child"
means
an
individual
less
than
eighteen
(18)
years
of
age
who
18
is
not
enrolled
in
an
institution
of
higher
education.
19
(4)
"Children's
agency"
means
a
person
who
operates
a
business
for
the
20
placement
of
children
in
foster
homes
or
for
adoption
in
a
permanent
home
21
and
who
does
not
provide
child
care
as
part
of
that
business.
Children's
22
agency
does
not
include
a
licensed
attorney
or
physician
assisting
or
pro
-
23
viding
natural
and
adoptive
parents
with
legal
services
or
medical
services
24
necessary
to
initiate
and
complete
adoptive
placements.
25
(5)
"Children's
camp"
means
a
program
of
child
care
at
a
location
26
away
from
the
child's
home
that
is
primarily
recreational
and
includes
the
27
overnight
accommodation
of
the
child
and
is
not
intended
to
provide
treat
-
28
ment,
therapy
or
rehabilitation
for
the
child.
29
(6)
"Children's
institution"
means
a
person
who
operates
a
residential
30
facility
for
children
not
related
to
that
person,
if
that
person
is
an
in
-
31
dividual,
for
the
purpose
of
providing
child
care.
Children's
institutions
32
include,
but
are
not
limited
to,
foster
homes,
maternity
homes,
children's
33
therapeutic
outdoor
programs,
or
any
facilities
providing
treatment,
ther
-
34
apy
or
rehabilitation
for
children.
Children's
institutions
do
not
include:
35
(a)
facilities
that
provide
only
daycare
as
defined
in
chapter
11,
title
39,
36
Idaho
Code;
(b)
facilities
and
agencies
including
hospitals,
skilled
nurs
-
37
ing
facilities,
intermediate
care
facilities,
and
intermediate
care
facil
-
38
ities
for
people
with
intellectual
disabilities
licensed
pursuant
to
chap
-
39
ter
13,
title
39,
Idaho
Code;
(c)
day
schools;
(d)
individuals
acting
in
an
40
advisory
capacity,
counseling
a
child
in
a
religious
context,
and
providing
41
no
child
care
associated
with
the
advice;
or
(e)
the
occasional
or
irregular
42
care
of
a
neighbor's,
relative's
or
friend's
child
or
children
by
a
person
43
not
ordinarily
engaged
in
child
care.
44
(7)
"Children's
residential
care
facility"
means
a
children's
institu
-
45
tion,
excluding:
46
(a)
Foster
homes;
47
(b)
Residential
schools;
48
(c)
Children's
camps.
49
10
No
facility
expressly
excluded
from
the
definition
of
a
children's
institu
-
1
tion
is
included
within
the
definition
of
a
children's
residential
care
fa
-
2
cility.
3
(8)
"Children's
therapeutic
outdoor
program"
is
a
program
designed
to
4
provide
behavioral,
substance
abuse,
or
mental
health
services
to
minors
in
5
an
outdoor
setting.
This
does
not
include
children's
camps,
church
camps,
6
or
other
outdoor
programs
primarily
designed
to
be
educational
or
recre
-
7
ational,
such
as
Boy
Scouts,
Girl
Scouts,
4
-
H
or
sports
camps.
8
(9)
"Continued
care"
means
the
ongoing
placement
of
an
individual
in
a
9
foster
home,
children's
residential
care
facility,
or
transitional
living
10
placement
who
reaches
the
age
of
eighteen
(18)
years
but
is
less
than
twenty
-
1
1
three
(23)
years
of
age.
12
(10)
"Day
school"
means
a
public,
private,
parochial
or
secular
facil
-
13
ity
offering
an
educational
program
in
which
the
children
leave
the
facility
14
each
day
at
the
conclusion
of
the
academic,
vocational
or
school
-
supervised
15
activities.
16
(11)
"Department"
means
the
state
department
of
health
and
welfare.
17
(12)
"Director"
means
the
director
of
the
department
of
health
and
wel
-
18
fare.
19
(13)
"Foster
care"
means
child
care
by
a
person
not
related
to
the
child,
20
in
lieu
of
parental
care,
in
a
foster
home.
The
term
also
includes
care
pro
-
21
vided
by
kin
when
placement
has
been
made
by
the
department
and
the
kin
are
22
licensed
by
the
department
pursuant
to
39
-
1211A,
Idaho
Code.
23
(14)
"Foster
home"
means
a
home
that
accepts,
for
any
period
of
time,
24
with
or
without
compensation,
one
(1)
or
more
children
who
are
not
related
25
to
the
foster
parent
as
members
of
the
household
for
the
purpose
of
providing
26
substitute
parental
care.
The
term
also
includes
a
home
of
kin
when
place
-
27
ment
has
been
made
by
the
department
and
the
kin
is
licensed
by
the
department
28
pursuant
to
39
-
1211A,
Idaho
Code.
29
(15)
"Group
care"
means
foster
care
of
a
number
of
children
for
whom
30
child
care
in
a
family
setting
is
not
available
or
appropriate
in
a
dormitory
31
or
cottage
type
setting
characterized
by
activities
and
discipline
of
a
more
32
regimented
and
less
formal
nature
than
found
in
a
family
setting.
33
(16)
"Juvenile
detention"
is
as
defined
in
section
20
-
502(8),
Idaho
34
Code,
of
the
juvenile
corrections
act.
35
(17)
"Juvenile
detention
center"
means
a
facility
established
pursuant
36
to
sections
20
-
517
and
20
-
518,
Idaho
Code.
37
(18)
"Kin"
means
all
relatives
pursuant
to
this
chapter,
extended
fam
-
38
ily
members,
and
those
who
have
a
significant
family
-
like
relationship
with
39
a
child.
40
(18)
(19)
"Person"
includes
any
individual,
group
of
individuals,
asso
-
41
ciation,
partnership,
limited
liability
company
or
corporation.
42
(19)
(20)
"Placement"
means
finding
a
suitable
licensed
foster
home
or
43
suitable
adoptive
home
for
a
child
and
completing
the
arrangements
for
a
44
child
to
be
accepted
into
and
adjusted
to
such
home.
45
(20)
(21)
"Relative"
means
a
child's
grandparent,
great
grandparent,
46
aunt,
great
aunt,
uncle,
great
uncle,
brother
-
in
-
law,
sister
-
in
-
law,
first
47
cousin,
sibling
or
half
-
sibling.
48
(21)
(22)
"Representative"
means
an
employee
of
the
state
department
of
49
health
and
welfare.
50
11
(22)
(23)
"Residential
facility"
means
any
facility
where
child
care
is
1
provided,
as
defined
in
this
section,
and
that
provides
day
and
night
accom
-
2
modation.
3
(23)
(24)
"Residential
school"
means
a
residential
facility
for
chil
-
4
dren
that:
5
(a)
Provides
a
planned,
scheduled,
regular,
academic
or
vocational
6
school
program
for
students
in
the
elementary,
middle
or
secondary
7
grades
as
defined
in
section
33
-
1001,
Idaho
Code;
and
8
(b)
Provides
services
substantially
comparable
to
those
provided
in
9
nonresidential
public
schools
where
the
primary
purpose
is
the
educa
-
10
tion
and
academic
pursuits
of
the
students;
and
1
1
(c)
Does
not
seek,
receive
or
enroll
students
for
treatment
of
such
spe
-
12
cial
needs
as
substance
abuse,
mental
illness,
emotional
disturbance,
13
developmental
disability
or
intellectual
disability;
and
14
(d)
Is
not:
15
(i)
A
college
or
university;
16
(ii)
A
children's
camp
as
defined
in
this
section;
or
17
(iii)
A
public
or
private
day
school
in
which
the
children
leave
18
the
facility
each
day
at
the
conclusion
of
the
academic,
voca
-
19
tional
or
school
-
supervised
activities.
20
(24)
(25)
"Transitional
living"
means
living
arrangements
and
after
-
21
care
services
for
children,
or
as
continued
care,
to
gain
experience
living
22
on
their
own
in
a
supportive
and
supervised
environment
prior
to
emancipa
-
23
tion.
24
SECTION
4.
That
Section
39
-
1211A,
Idaho
Code,
be,
and
the
same
is
hereby
25
amended
to
read
as
follows:
26
39
-
1211A.
RELATIVE
FOSTER
CARE
KINSHIP
FOSTER
CARE
-
-
LIMITED
VARI
-
27
ANCE
OR
WAIVER.
(1)
A
relative
Kin
providing
foster
care
for
a
related
child
28
pursuant
to
chapter
16,
title
16,
Idaho
Code,
must
be
licensed
in
accordance
29
with
this
chapter.
30
(2)
Notwithstanding
the
provisions
of
subsection
(1)
of
this
section,
31
the
department
may
expedite
placement
with
a
relative,
issue
a
foster
care
32
license,
or
grant
a
limited
variance
or
waiver
of
a
licensing
standard
or
re
-
33
quirement
,
or
for
a
relative.
The
department
may
establish
separate
stan
-
34
dards
or
requirements
for
licensure
of
relatives
kin
if,
in
the
department's
35
judgment,
the
health
and
safety
of
the
related
child
is
not
thereby
endan
-
36
gered.
37
(3)
If
the
department
grants
a
limited
variance
or
waiver
of
a
licensing
38
standard
or
requirement
to
the
child's
relative
pursuant
to
this
section,
39
the
department
shall
document
the
grounds
for
granting
the
limited
variance
40
or
waiver
and
the
reasons
the
limited
variance
or
waiver
will
not
compromise
41
the
related
child's
safety
and
health.
42
(4)
A
limited
variance
or
waiver
of
a
licensing
standard
or
requirement
43
granted
to
a
child's
relative
pursuant
to
this
section
shall
be
reviewed
by
44
the
department
for
continuing
compliance,
need,
and
approval
at
regular
in
-
45
tervals,
subject
to
the
provisions
of
section
39
-
1113,
Idaho
Code.
46
12
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3