T16CH16
Title 16 > T16CH16
Sections (51)
16-1601
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1601. Policy. The policy of the state of Idaho is hereby declared to be the establishment of a legal framework conducive to the judicial processing, including periodic review of child abuse, abandonment and neglect cases, and the protection of any child whose life, health or welfare is endangered. At all times, the health and safety of the child shall be the primary concern. Each child coming within the purview of this chapter shall receive, preferably in his own home, the care, guidance and control that will promote his welfare and the best interest of the state of Idaho, and if he is removed from the control of one (1) or more of his parents, guardian or other custodian, the state shall secure adequate care for him; provided, however, that the state of Idaho shall, to the fullest extent possible, seek to preserve, protect, enhance and reunite the family relationship. Nothing in this chapter shall be construed to allow discrimination on the basis of disability. This chapter seeks to coordinate efforts by state and local public agencies, in cooperation with private agencies and organizations, citizens’ groups, and concerned individuals, to: (1) Preserve the privacy and unity of the family whenever possible; (2) Take such actions as may be necessary and feasible to prevent the abuse, neglect, abandonment or homelessness of children; (3) Take such actions as may be necessary to provide the child with permanency including concurrent planning; (4) Clarify for the purposes of this act the rights and responsibilities of parents with joint legal or joint physical custody of children at risk; and (5) Maintain sibling bonds by placing siblings in the same home when possible, and support or facilitate sibling visitation when not, unless such contact is not in the best interest of one (1) or more of the children. History: [16-1601, added 1976, ch. 204, sec. 2, p. 732; am. 1982, ch. 186, sec. 1, p. 492; am. 1991, ch. 212, sec. 1, p. 501; am. 1996, ch. 272, sec. 1, p. 885; am. 1998, ch. 257, sec. 1, p. 851; am. 2001, ch. 107, sec. 1, p. 352; am. 2003, ch. 279, sec. 1, p. 748; am. 2018, ch. 287, sec. 1, p. 675.]
16-1602
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1602. Definitions. For purposes of this chapter: (1) Abused means any case in which a child has been the victim of: (a) Conduct or omission resulting in skin bruising, bleeding, malnutrition, burns, fracture of any bone, head injury, soft tissue swelling, failure to thrive or death, and such condition or death is not justifiably explained, or where the history given concerning such condition or death is at variance with the degree or type of such condition or death, or the circumstances indicate that such condition or death may not be the product of an accidental occurrence; or (b) Sexual conduct, including rape, molestation, incest, commercial sexual activity, obscene or pornographic photographing, filming or depiction for commercial purposes, human trafficking as defined in chapter 86, title 18 , Idaho Code, or other similar forms of sexual exploitation harming or threatening the child’s health or welfare or mental injury to the child. (2) Abandoned means the failure of the parent to maintain a normal parental relationship with his child including, but not limited to, reasonable support or regular personal contact. Failure to maintain this relationship without just cause for a period of one (1) year shall constitute prima facie evidence of abandonment. (3) Adaptive equipment means any piece of equipment or any item that is used to increase, maintain or improve the parenting capabilities of a parent with a disability. (4) Adjudicatory hearing means a hearing to determine: (a) Whether the child comes under the jurisdiction of the court pursuant to the provisions of this chapter; (b) Whether continuation of the child in the home would be contrary to the child’s welfare and whether the best interest of the child requires protective supervision or vesting legal custody of the child in an authorized agency. (5) Age of developmentally appropriate means: (a) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and (b) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child. (6) Aggravated circumstances includes, but is not limited to: (a) Circumstances in which the parent has engaged in any of the following: (i) Abandonment, chronic abuse or chronic neglect of the child. Chronic neglect or chronic abuse of a child shall consist of abuse or neglect that is so extreme or repetitious as to indicate that return of the child to the home would result in unacceptable risk to the health and welfare of the child. (ii) Sexual abuse against a child of the parent. Sexual abu
16-1603
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1603. Jurisdiction of the courts. (1) Except as otherwise provided herein, the court shall have exclusive original jurisdiction in all proceedings under this chapter concerning any child living or found within the state: (a) Who is neglected, abused or abandoned by his parents, guardian or other legal custodian, or who is homeless; or (b) Whose parents or other legal custodian fails to provide a stable home environment. (2) If the court has taken jurisdiction over a child under subsection (1) of this section, it may take jurisdiction over another child living or having custodial visitation in the same household without the filing of a separate petition if it finds all of the following: (a) The other child is living or is found within the state; (b) The other child has been exposed to or is at risk of being a victim of abuse, neglect or abandonment; (c) The other child is listed in the petition or amended petition; (d) The parents or legal guardians of the other child have notice as provided in section 16-1611 , Idaho Code. History: [16-1603, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 3, p. 494; am. 1991, ch. 212, sec. 3, p. 503; am. 1996, ch. 272, sec. 3, p. 888; am. 1999, ch. 123, sec. 2, p. 361; am. 2001, ch. 107, sec. 3, p. 355; am. 2003, ch. 279, sec. 3, p. 752; am. 2005, ch. 391, sec. 6, p. 1272.]
16-1604
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1604. Retention of jurisdiction. (1) Jurisdiction obtained by the court under this chapter shall be retained until the child’s eighteenth birthday, unless terminated prior thereto or extended by the court pursuant to section 16-1622 (5), Idaho Code. Jurisdiction of the court shall not be terminated by an order of termination of parental rights if guardianship and/or custody of the child is placed with the department of health and welfare. (2) The parties have an ongoing duty to inquire concerning, and inform the court as soon as possible about, any other pending actions or current orders involving the child. In the event there are conflicting orders from Idaho courts concerning the child, the child protection order is controlling. History: [I.C., sec. 16-1604, as added by 1976, ch. 204, sec. 2, p. 735; am. 1982, ch. 186, sec. 4, p. 494; am. 1989, ch. 218, sec. 1, p. 527; am. 2001, ch. 107, sec. 4, p. 356; am. 2021, ch. 281, sec. 2, p. 840.]
16-1605
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1605. Reporting of abuse, abandonment or neglect. (1) Any physician, resident on a hospital staff, intern, nurse, coroner, school teacher, day care personnel, social worker, or other person having reason to believe that a child under the age of eighteen (18) years has been abused, abandoned or neglected or who observes the child being subjected to conditions or circumstances that would reasonably result in abuse, abandonment or neglect shall report or cause to be reported within twenty-four (24) hours such conditions or circumstances to the proper law enforcement agency or the department. The department shall be informed by law enforcement of any report made directly to it. If the department knows or has reason to know that an adult in the home has been convicted of lewd and lascivious conduct or felony injury to a child in the past or that the child has been removed from the home for circumstances that resulted in a conviction for lewd and lascivious conduct or felony injury to a child, then the department shall investigate. When the attendance of a physician, resident, intern, nurse, day care worker, or social worker is pursuant to the performance of services as a member of the staff of a hospital or similar institution, he shall notify the person in charge of the institution or his designated delegate who shall make the necessary reports. (2) For purposes of subsection (3) of this section, the term duly ordained minister of religion means a person who has been ordained or set apart, in accordance with the ceremonial, ritual or discipline of a church or religious organization which has been established on the basis of a community of religious faith, belief, doctrines and practices, to hear confessions and confidential communications in accordance with the bona fide doctrines or discipline of that church or religious organization. (3) The notification requirements of subsection (1) of this section do not apply to a duly ordained minister of religion, with regard to any confession or confidential communication made to him in his ecclesiastical capacity in the course of discipline enjoined by the church to which he belongs if: (a) The church qualifies as tax-exempt under 26 U.S.C. 501(c)(3); (b) The confession or confidential communication was made directly to the duly ordained minister of religion; and (c) The confession or confidential communication was made in the manner and context that places the duly ordained minister of religion specifically and strictly under a level of confidentiality that is considered inviolate by canon law or church doctrine. A confession or confidential communication made under any other circumstances does not fall under this exemption. (4) Failure to report as required in this section shall be a misdemeanor. History: [(16-1605) 16-1619, added 1976, ch. 204, sec. 2, p. 743; am. 1982, ch. 186, sec. 18, p. 501; am. 1985, ch. 158, sec. 1, p. 416; am. 1995,
16-1606
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1606. Immunity. Any person who has reason to believe that a child has been abused, abandoned or neglected and, acting upon that belief, makes a report of abuse, abandonment or neglect as required in section 16-1605 , Idaho Code, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any such judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by this section. Any privilege between husband and wife, or between any professional person except the lawyer-client privilege, including but not limited to physicians, counselors, hospitals, clinics, day care centers and schools and their clients shall not be grounds for excluding evidence at any proceeding regarding the abuse, abandonment or neglect of the child or the cause thereof. History: [(16-1606) 16-1620, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 19, p. 501; am. 1985, ch. 158, sec. 2, p. 417; am. 1995, ch. 328, sec. 1, p. 1097; am. and redesig. 2005, ch. 391, sec. 8, p. 1273.]
16-1607
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1607. Reporting in bad faith — Civil damages. Any person who makes a report or allegation of child abuse, abandonment or neglect knowing the same to be false or who reports or alleges the same in bad faith or with malice shall be liable to the party or parties against whom the report was made for the amount of actual damages sustained or statutory damages of two thousand five hundred dollars ($2,500), whichever is greater, plus attorney’s fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater. History: [(16-1607) 16-1620A, added 1995, ch. 276, sec. 1, p. 924; am. and redesig. 2005, ch. 391, sec. 9, p. 1274; am. 2007, ch. 128, sec. 1, p. 385.]
16-1608
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1608. Emergency removal. (1) A child may be taken into shelter care by a peace officer without an order issued pursuant to subsection (4) of section 16-1611 or section 16-1619 , Idaho Code, only where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child or where the child is an abandoned child pursuant to the provisions of chapter 82, title 39 , Idaho Code. (2) When a child is taken into shelter care under subsection (1) of this section, he may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, unless a shelter care hearing has been held pursuant to section 16-1615 , Idaho Code, and the court orders an adjudicatory hearing. History: [(16-1608) 16-1612, added 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 12, p. 498; am. 1989, ch. 302, sec. 4, p. 756; am. 2001, ch. 107, sec. 13, p. 365; am. 2001, ch. 357, sec. 3, p. 1259; am. 2005, ch. 25, sec. 76, p. 113; am. and redesig. 2005, ch. 391, sec. 10, p. 1274; am. 2025, ch. 165, sec. 2, p. 792.]
16-1609
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1609. Emergency removal — Notice. (1) A peace officer who takes a child into shelter care under section 16-1608 , Idaho Code, shall immediately: (a) Take the child to a place of shelter; and (b) Notify the court of the action taken and the place to which the child was taken; and (c) With the exception of a child abandoned pursuant to the provisions of chapter 82, title 39 , Idaho Code, notify each of the parents, guardian or other legal custodian that the child has been taken into shelter care, the type and nature of shelter care, and that the child may be held for a maximum of forty-eight (48) hours, excluding Saturdays, Sundays and holidays, within which time there must be a shelter care hearing. (2) A peace officer who takes a child into shelter care under section 16-1608 , Idaho Code, shall not be held liable either criminally or civilly unless the action of taking the child was exercised in bad faith and/or the requirements of subsection (1) of this section are not complied with. History: [(16-1609) 16-1613, as added by 1976, ch. 204, sec. 2, p. 740; am. 1982, ch. 186, sec. 13, p. 499; am. 1996, ch. 272, sec. 10, p. 893; am. 2001, ch. 107, sec. 14, p. 365; am. 2001, ch. 357, sec. 4, p. 1259; am. 2005, ch. 25, sec. 77, p. 113; am. and redesig. 2005, ch. 391, sec. 11, p. 1274.]
16-1610
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1610. Petition. (1) A petition invoking the jurisdiction of the court under this chapter shall be filed in the manner provided in this section: (a) A petition must be signed by the prosecutor or deputy attorney general before being filed with the court. (b) Any person or governmental body of this state having evidence of abuse, abandonment, neglect or homelessness of a child may request the attorney general or prosecuting attorney to file a petition. The prosecuting attorney or the attorney general may file a petition on behalf of any child whose parent, guardian, or custodian has been accused in a criminal complaint of the crime of cruel treatment or neglect as defined in section 18-1501 , Idaho Code. (2) Petitions shall be entitled In the Matter of………….., a child under the age of eighteen (18) years and shall be verified and set forth with specificity: (a) The facts which bring the child within the jurisdiction of the court upon the grounds set forth in section 16-1603 , Idaho Code, with the actions of each parent described therein; (b) The name, birth date, sex, and residence address of the child; (c) The name, birth date, sex, and residence address of all other children living at or having custodial visitation at the home where the injury to the subject child occurred; (d) The names and residence addresses of both the mother and father, guardian or other custodian. If neither of his parents, guardian or other custodian resides or can be found within the state, or if their residence addresses are unknown, the name of any known adult relative residing within the state; (e) The names and residence addresses of each person having sole or joint legal custody of the children described in this section; (f) Whether or not there exists a legal document including, but not limited to, a divorce decree, stipulation or parenting agreement controlling the custodial status of the children described in this section; (g) Whether the child is in shelter care, and, if so, the type and nature of the shelter care, the circumstances necessitating such care and the date and time he was placed in such care; (h) When any of the facts required by this section cannot be determined, the petition shall so state. The petition may be based on information and belief but in such case the petition shall state the basis of such information and belief; (i) If the child has been or will be removed from the home, the petition shall state that: (i) Remaining in the home was contrary to the welfare of the child; (ii) Vesting legal custody of the child in the department or other authorized agency is in the best interests of the child; and (iii) Reasonable efforts have been made prior to the placement of the child in care to prevent the removal of the child from his home or, if such efforts were not provided, that reasonable efforts to prevent placement were not required because aggravated circumstances were found; (j)
16-1611
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1611. Summons. (1) After a petition has been filed, the clerk of the court may issue a summons requiring the person or persons who have custody of the child to bring the child before the court at the adjudicatory hearing held in accordance with section 16-1619 , Idaho Code. Each parent or guardian shall also be notified in the manner hereinafter provided of the pendency of the case and the time and place set for the hearing. A summons shall be issued and served requiring the appearance of each parent and legal guardian, and a summons may be issued and served for any other person whose presence is required by the child, either of his parents or guardian or any other person whose presence, in the opinion of the court, is necessary. (2) A copy of the petition shall be attached to each summons. (3) The summons shall notify each of the parents, guardian or legal custodian of their right to retain and be represented by counsel. Each parent or legal guardian of each child named in the petition shall be notified by the court of the case and of the time and place set for the hearing. (4) If based on facts presented to the court, it appears that the court has jurisdiction upon the grounds set forth in section 16-1603 , Idaho Code, and the court finds that the child should be removed from his present condition or surroundings because continuation in such condition or surroundings would be contrary to the welfare of the child and vesting legal custody with the department or other authorized agency would be in the child’s best interests, the court shall include on the summons an order to remove the child. The order to remove the child shall specifically state that continuation in the present condition or surroundings is contrary to the welfare of the child and shall require a peace officer or other suitable person to take the child at once to a place of shelter care designated by the authorized agency which shall provide shelter care for the child. (5)(a) If there is reasonable cause to believe that a child would be safe in the child’s present surroundings in the sole care of one (1) parent, legal guardian, or legal custodian and neglect or abuse by another parent, legal guardian, or legal custodian is alleged, then a prosecutor or the attorney general may file a motion with the court for an order to prevent removal of the child that excludes the alleged offending parent, legal guardian, or legal custodian from the residence where the child resides. If the court finds reasonable cause to believe that such elements have been demonstrated, the court shall issue an order that shall exclude the alleged offending parent, legal guardian, or legal custodian from the dwelling where the child resides, restrain any contact or communication with the child, and restrain the alleged offending parent, legal guardian, or legal custodian from coming within one thousand five hundred (1,500) feet, or other approp
16-1612
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1612. Service of summons — Travel expenses — Necessary witnesses. (1) Service of summons shall be made personally by delivery of an attested copy thereof to the person summoned; provided that if the court is satisfied that it is impracticable to serve personally such summons or the notice provided for in the preceding section, he may order service by registered mail addressed to the last known address, or by publication thereof, or both. It shall be sufficient to confer jurisdiction if service is effected at least forty-eight (48) hours before the time fixed in the summons for the hearing. (2) When publication is used the summons shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county; such newspaper to be designated by the court in the order for publication of the summons, and such publication shall have the same force and effect as though such person had been personally served with said summons. (3) Service of summons, process or notice required by this chapter shall be made by the sheriff or other person appointed by the court, and a return must be made on the summons showing that service has been made. (4) The court may authorize payment of any necessary travel expenses incurred by any person summoned or otherwise required to appear at the hearing of any case coming within the purview of this chapter, and such expenses when approved by the court shall be a charge upon the county, except that not more than five (5) witnesses on behalf of any parent or guardian may be required to attend such hearing at the expense of the county. (5) The court may summon the appearance of any person whose presence is deemed necessary as a witness. (6) The child, each of his parents, guardian or custodian shall be notified as soon as practicable after the filing of a petition and prior to the start of a hearing of their right to be represented by counsel. (7) If any person summoned as herein provided shall, without reasonable cause, fail to appear, the court may proceed in such person’s absence or such person may be proceeded against for contempt of court. (8) Where the summons cannot be served, or the parties served fail to obey the same, or in any case when it shall be made to appear to the court that the service will be ineffectual, or that the welfare of the child requires that he be brought forthwith into the custody of the court, a warrant or capias may be issued for the parent, guardian or the child. History: [(16-1612) 16-1607, added 1976, ch. 204, sec. 2, p. 737; am. 1982, ch. 186, sec. 7, p. 496; am. 1996, ch. 272, sec. 6, p. 890; am. and redesig. 2005, ch. 391, sec. 14, p. 1277.]
16-1613
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1613. Hearings under the child protective act. (1) Proceedings under this chapter shall be dealt with by the court at hearings separate from those for adults and without a jury. The hearings shall be conducted in an informal manner and may be adjourned from time to time. The general public shall be excluded, and only such persons shall be admitted as are found by the court to have a direct interest in the case. The child may be excluded from hearings at any time at the discretion of the court. If the parent or guardian is without counsel, the court shall inform them of their right to be represented by counsel and to appeal from any disposition or order of the court. (2) When a child is summoned as a witness in any hearing under this act, notwithstanding any other statutory provision, parents, a counselor, a friend, or other person having a supportive relationship with the child shall, if available, be permitted to remain in the courtroom at the witness stand with the child during the child’s testimony unless, in written findings made and entered, the court finds that the constitutional right of the child’s parent(s), guardian(s) or other custodian(s) to a fair hearing will be unduly prejudiced. (3) At any stage of a proceeding under this chapter, if the court determines that it is in the best interests of the child or society, the court may cause the proceeding to be expanded or altered to include full or partial consideration of the cause under the juvenile corrections act without terminating the original proceeding under this chapter. History: [(16-1613) 16-1607A, added 2001, ch. 107, sec. 7, p. 358; am. and redesig. 2005, ch. 391, sec. 15, p. 1278.]
16-1614
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1614. appointment of guardian ad litem, counsel for Guardian ad litem, counsel for child. (1) In any proceeding under this chapter for a child under the age of twelve (12) years, the court shall appoint a guardian ad litem for the child or children and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. If a court does not have available to it a guardian ad litem program or a sufficient number of guardians ad litem, the court shall appoint counsel for the child. In appropriate cases, the court may appoint a guardian ad litem for the child and counsel to represent the guardian ad litem and may, in addition, appoint counsel to represent the child. (2) In any proceeding under this chapter for a child twelve (12) years of age or older, the court: (a) Shall appoint counsel to represent the child and may, in addition, appoint a guardian ad litem; or (b) Where appointment of counsel is not practicable or not appropriate, may appoint a guardian ad litem for the child and shall appoint counsel to represent the guardian ad litem, unless the guardian ad litem is already represented by counsel. (3) Counsel appointed for the child under the provisions of this section shall be paid for by the office of the state public defender unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. (4)(a) The legislature finds that guardian ad litem representation has been addressed differently throughout the state, with some counties providing representation through their public defense office or public defense contracts, or in other areas of the state with pro bono representation. The legislature finds that providing guardian ad litem representation through the office of the state public defender would create numerous costly conflicts of interest that would detract from the office’s mission. Therefore, it is the intent of the legislature to keep guardian ad litem representation administered locally with reimbursement provided by state funds when needed. It is not the intent of the legislature to disrupt, terminate, or otherwise inhibit any pro bono programs that now exist or may hereinafter be created to provide counsel for guardians ad litem. (b) Counsel appointed for a guardian ad litem shall first come from volunteer attorneys willing to represent the guardian ad litem pro bono unless the party for whom counsel is appointed has an independent estate sufficient to pay such costs. Absent available volunteer pro bono counsel, attorneys for the guardian ad litem shall be paid by the county, and the county shall be reimbursed for the actual, verified costs of guardian ad litem representation the county incurred from the attorney costs for guardian ad litem account, as established in section 57-828 , Idaho Code, by submitting a request to the office of the state public defender. History: [(16-1614)
16-1615
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1615. Shelter care hearing. (1) Notwithstanding any other provision of this chapter, when a child is taken into shelter care pursuant to section 16-1608 or 16-1611 , Idaho Code, a hearing to determine whether the child should be released shall be held according to the provisions of this section. (2) Each of the parents or custodian from whom the child was removed shall be given notice of the shelter care hearing. Such notice shall include the time, place, and purpose of the hearing; and, that such person is entitled to be represented by legal counsel. Notice as required by this subsection shall be given at least twenty-four (24) hours before the shelter care hearing. (3) Notice of the shelter care hearing shall be given to the parents or custodian from whom the child was removed by personal service and the return of service shall be filed with the court and to any person having joint legal or physical custody of the subject child. Provided, however, that such service need not be made where the undelivered notice is returned to the court along with an affidavit stating that such parents or custodian could not be located or were out of the state. (4) The shelter care hearing may be continued for a reasonable time upon request by the parent, custodian or counsel for the child. (5) If, upon the completion of the shelter care hearing, it is shown that: (a) A petition has been filed; and (b) There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either: (i) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or (ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and (c) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and (d) It is contrary to the welfare of the child to remain in the home; and (e) It is in the best interests of the child to remain in temporary shelter care pending the conclusion of the adjudicatory hearing. The court shall issue, within twenty-four (24) hours of such hearing, a shelter care order placing the child in the temporary legal custody of the department or other authorized agency. Any evidence may be considered by the court which is of the type which reasonable people may rely upon. (6) Upon finding reasonable cause pursuant to subsection (5)(b) of this section, the court shall order an adjudicatory hearing to be held as soon as possible, but in no event later than thirty (30) days from the date the petition was filed. In addition, the court shall inquire whether there is reason to believe that the child is an Indian child. (7) Upon entry of an order of shelter care, the court shall inquire: (a) If the child is of school age, about the department’s efforts to keep the child in the school at which t
16-1616
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1616. Investigation. (1) After a petition has been filed, the department shall investigate the circumstances of the child and his family and prepare a written report to the court. (2) The report shall be delivered to the court with copies to each of the parties prior to the pretrial conference for the adjudicatory hearing. If delivered by mail the report must be received by the court and the parties prior to the pretrial conference for the adjudicatory hearing. The report shall contain a social evaluation of the child and the parents or other legal custodian and such other information as the court shall require. (3) The report shall not be considered by the court for purposes of determining whether the child comes within the jurisdiction of the act. The report may be admitted into evidence at the adjudicatory hearing for other purposes. History: [(16-1616) 16-1609, added 1976, ch. 204, sec. 2, p. 738; am. 1982, ch. 186, sec. 9, p. 497; am. 1996, ch. 272, sec. 7, p. 891; am. 2001, ch. 107, sec. 9, p. 360; am. and redesig. 2005, ch. 391, sec. 18, p. 1279.]
16-1617
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1617. Investigation by multidisciplinary teams. (1) The prosecuting attorney in each county shall be responsible for the development of an interagency multidisciplinary team or teams for investigation of child abuse and neglect referrals within each county. The teams shall consist of, but not be limited to, law enforcement personnel, department of health and welfare child protection risk assessment staff, child advocacy center staff where such staff is available in the county, a representative of the prosecuting attorney’s office, and any other person deemed to be necessary due to his or her special training in child abuse investigation. Other persons may participate in investigation of particular cases at the invitation of the team and as determined necessary, such as medical personnel, school officials, mental health workers, personnel from domestic violence programs, persons knowledgeable about adaptive equipment and supportive services for parents or guardians with disabilities or the guardian ad litem program. (2) The teams shall develop a written protocol for investigation of child abuse cases and for interviewing alleged victims of such abuse or neglect, including protocols for investigations involving a family member with a disability. Each team shall develop written agreements signed by member agencies, specifying the role of each agency, procedures to be followed to assess risks to the child and criteria and procedures to be followed to ensure the child victim’s safety including removal of the alleged offender. (3) Each team member shall be trained in his or her respective role, including risk assessment, dynamics of child abuse and interviewing and investigatory techniques. Such training may be provided by the Idaho network of children’s advocacy centers or by the member’s respective agency. (4) Each team shall classify, assess and review a representative selection of cases referred to either the department or to law enforcement entities for investigation of child abuse or neglect. (5) Each multidisciplinary team shall develop policies that provide for an independent review of investigation procedures utilized in cases upon completion of any court actions on those cases. The procedures shall include independent citizen input. Nonoffending parents of child abuse victims shall be notified of the review procedure. (6) Prosecuting attorneys of the various counties may determine that multidisciplinary teams may be most effectively established through the use of joint exercise of powers agreements among more than one (1) county and such agreements are hereby authorized. (7) Lack of review by a multidisciplinary team of a particular case does not defeat the jurisdiction of the court. History: [(16-1617) 16-1609A, added 1996, ch. 388, sec. 1, p. 1312; am. 2001, ch. 107, sec. 10, p. 361; am. 2003, ch. 279, sec. 5, p. 754; am. and redesig. 2005, ch. 391, sec. 19, p. 1280; am. 2014,
16-1618
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1618. Investigative interviews of alleged child abuse victims. Unless otherwise demonstrated by good cause, all investigative or risk assessment interviews of alleged victims of child abuse will be documented by audio or video taping whether conducted by personnel of law enforcement entities, the department of health and welfare or child advocacy centers. The absence of such audio or video taping shall not limit the admissibility of such evidence in any related court proceeding. History: [(16-1618) 16-1609B, added 1996, ch. 388, sec. 2, p. 1313; am. and redesig. 2005, ch. 391, sec. 20, p. 1281; am. 2014, ch. 120, sec. 3, p. 341.]
16-1618A
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1618A. investigation based upon immunization status prohibited. No investigation may be conducted pursuant to this chapter if it is based upon a child’s immunization status. History: [16-1618A, added 2023, ch. 10, sec. 1, p. 34.]
16-1619
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1619. Adjudicatory hearing — Conduct of hearing — Consolidation. (1) When a petition has been filed, the court shall set an adjudicatory hearing to be held no later than thirty (30) days after the filing of the petition. (2) A pretrial conference shall be held outside the presence of the court within three (3) to five (5) days before the adjudicatory hearing. Investigative reports required under section 16-1616 , Idaho Code, shall be delivered to the court with copies to each of the parents and other legal custodians, guardian ad litem and attorney for the child prior to the pretrial conference. (3) At the adjudicatory hearing, parents or guardians with disabilities shall have the right to introduce admissible evidence regarding how use of adaptive equipment or supportive services may enable the parent or guardian to carry out the responsibilities of parenting the child by addressing the reason for the removal of the child. (4) If a preponderance of the evidence at the adjudicatory hearing shows that the child comes within the court’s jurisdiction under this chapter upon the grounds set forth in section 16-1603 , Idaho Code, the court shall so decree and in its decree shall make a finding on the record of the facts and conclusions of law upon which it exercises jurisdiction over the child. (5) Upon entering its decree, the court shall consider any information relevant to the disposition of the child but in any event shall: (a) Place the child under the protective supervision of the department for an indeterminate period not to exceed the child’s eighteenth birthday; or (b) Vest legal custody in the department or other authorized agency subject to residual parental rights and subject to full judicial review by the court and, when contested by any party, judicial approval of all matters relating to the custody of the child by the department or other authorized agency. If the department has placed the child in a qualified residential treatment program, the court shall approve or disapprove the placement within sixty (60) days of placement in accordance with section 16-1619A , Idaho Code. (6) If the court vests legal custody in the department or other authorized agency, the court shall make detailed written findings based on facts in the record that, in addition to the findings required in subsection (4) of this section, continuation of residence in the home would be contrary to the welfare of the child and that vesting legal custody with the department or other authorized agency would be in the best interests of the child. In addition, the court shall make detailed written findings based on facts in the record as to whether the department made reasonable efforts to prevent the placement of the child in foster care, including findings, when appropriate, that: (a) Reasonable efforts were made but were not successful in eliminating the need for foster care placement of the child; (b) The
16-1619A
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1619A. placement of a child in a qualified residential treatment program. (1) Where legal custody of a child is vested in the department, and the department places the child in a qualified residential treatment program, the department shall file a notice of the placement with the court within seven (7) days of the placement. The notice shall identify the placement and the date of the placement. (2) Within thirty (30) days of the date of placement, a qualified individual shall conduct a placement assessment and prepare a written assessment report. The qualified individual shall: (a) Assess the strengths and needs of the child using an age-appropriate, evidence-based, validated, and functional assessment tool; (b) Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, the specialized setting that will provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as set forth in the case plan or permanency plan currently in effect; (c) Develop a list of child-specific short-term and long-term mental and behavioral health goals; (d) Work in conjunction with the family of, and the permanency team for, the child while conducting the assessment; and (e) Prepare an assessment specifying: (i) Why the needs of the child cannot be met by the family of the child or in a foster home; and (ii) Why the recommended placement in a qualified residential treatment program is the setting that will provide the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as set forth in the case plan or the permanency plan currently in effect. (3) The department shall prepare a written case plan for the child or amend the case plan if it has been previously ordered by the court and shall include the assessment report of the qualified individual. (4) Within sixty (60) days of the start of each placement in a qualified residential treatment program, the court shall: (a) Consider the assessment, determination, and documentation made by the qualified individual; (b) Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and (c) Approve or disapprove the placement. (5) The assessment by the qualified individual and the court’s determination to approve or disapprove the placement in a qualified residential treatment program shall be made part of t
16-1619B
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1619B. placement of child in congregate care settings — regular comprehensive review of placement. (1) Where legal custody of a child is vested in the department and the department places the child in a short-term rental, temporary shelter care, or congregate care setting, the department shall file a notice of such placement with the court within seven (7) days of the placement. The notice shall identify the type of placement and the date of the placement. (2) No child twelve (12) years of age or younger shall be placed in a short-term rental, temporary shelter care, or congregate care setting unless the director of the department has granted express written approval of such placement. Written approval may be given by the director only when: (a) The child is three (3) years of age or older; the child is a part of a sibling group placed in the same short-term rental, temporary shelter care, or congregate care setting; and at least one (1) of the members of the sibling group is thirteen (13) years of age or older; (b) The child is six (6) years of age or older and has been taken into shelter care through the emergency removal process pursuant to section 16-1608 , Idaho Code; or (c) The child’s teenage mother is placed in the same short-term rental, temporary shelter, or congregate care setting. (3) Children who do not meet the eligibility requirements set forth in section 16-1619A , Idaho Code, shall not be placed in a qualified residential treatment program or a short-term rental, temporary shelter care, or congregate care setting for more than two (2) weeks, except for documented emergency circumstances. (4) The director of the department shall undertake a comprehensive review of the placement of each child who is in the legal custody of the department, which shall be conducted on the following schedule: (a) For any child placed in a short-term rental or other facility that is not licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed fourteen (14) days after placement and every fourteen (14) days thereafter; and (b) For any child placed in a facility that is licensed by the state of Idaho or another entity with the lawful authority to grant a license to provide care to children, the review shall be completed ninety (90) days after placement and every ninety (90) days thereafter. For the purposes of this subsection, licensed facilities include but are not limited to qualified residential treatment programs and licensed children’s institutions as defined by section 39-1202 , Idaho Code. (5) Each review pursuant to subsection (4) of this section shall include an assessment of the following: (a) The safety of the child in the facility; (b) The child’s treatment needs and the facility’s capacity to treat those needs; (c) The child’s treatment plan and the child’s progress on that treatment
16-1620
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1620. finding of aggravated circumstances — Permanency plan — hearing. (1) After a judicial determination that reasonable efforts to return the child to his home are not required because aggravated circumstances were found to be present, the court shall hold a permanency hearing within thirty (30) days after the finding and every twelve (12) months thereafter for as long as the court has jurisdiction. The department shall prepare a permanency plan and file the permanency plan with the court at least five (5) days prior to the permanency hearing. If the permanency plan has a goal of termination of parental rights and adoption, the department shall file the petition to terminate as required in section 16-1624 (2), Idaho Code. Copies of the permanency plan shall be delivered to the parents and other legal guardians, prosecuting attorney or deputy attorney general, the guardian ad litem and attorney for the child. (2) The permanency plan shall have a permanency goal of termination of parental rights and adoption, guardianship or, for youth age sixteen (16) years and older only, another planned permanent living arrangement and shall set forth the reasonable efforts necessary to finalize the permanency goal. (3) The permanency plan shall also: (a) Identify the services to be provided to the child, including services to identify and meet any educational, emotional, physical or developmental needs the child may have, to assist the child in adjusting to the placement or to ensure the stability of the placement; (b) Address all options for permanent placement of the child, including consideration of options for in-state and out-of-state placement of the child; (c) Address the advantages and disadvantages of each option and include a recommendation as to which option is in the child’s best interests; (d) Specifically identify the actions necessary to implement the recommended option; (e) Specifically set forth a schedule for accomplishing the actions necessary to implement the permanency goal; (f) Address the options for maintaining the child’s connection to the community, including individuals with a significant relationship to the child, and organizations or community activities with which the child has a significant connection. This shall also include the efforts made to ensure educational stability for the child, the efforts to keep the child in the school in which the child is enrolled at the time of placement or the reasons why remaining in that school is not in the best interests of the child; (g) Document that siblings were placed together or, if siblings were not placed together, document the efforts made to place siblings together, the reasons why siblings were not placed together, and a plan for ensuring frequent visitation or ongoing interaction between the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the sib
16-1621
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1621. Case plan hearing — no finding of aggravated circumstances. (1) In every case in which the child is determined to be within the jurisdiction of the court and there is no judicial determination that aggravated circumstances were present, the department shall prepare a written case plan, including cases in which the parent(s) is incarcerated. The court shall schedule a case plan hearing to be held within thirty (30) days after the adjudicatory hearing. The case plan shall be filed with the court no later than five (5) days prior to the case plan hearing. Copies of the case plan shall be delivered to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, the guardian ad litem and attorney for the child. (a) The court shall hold a case plan hearing to determine whether the best interests of the child are served by adopting, rejecting or modifying the case plan proposed by the department. (b) If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child, the court shall: (i) Inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and (ii) Determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership. (c) If the child is being treated with psychotropic medication, the court shall inquire as to, and may make any additional inquiry relevant to, the use of psychotropic medication. (2) Notice of the case plan hearing shall be provided to the parents and other legal guardians, the prosecuting attorney or deputy attorney general, guardian ad litem, attorney for the child, the department, and foster parents. Although foster parents are provided notice of this hearing, they are not parties to the child protective act action. (3) If the child is placed in the legal custody of the department, the case plan filed by the department shall set forth reasonable efforts that will be made to make it possible for the child to return home. The case plan shall also: (a) Identify the services to be provided to the child, including services to identify and meet any educational, emotional, physical or developmental needs the child may have, and to assist the child in adjusting to the placement or to ensure the stability of the placement. For youth age fourteen (14) years and older: (i) Identify the services needed to assist the youth in making the transition to successful adulthood; and (ii) Document the youth’s rights in regard to education and health, visitation, court participation and receipt of an annual credit report, including a signed acknowledgment by the department that the youth was provided with a written copy of these rights and that the rights were explained to the youth in an age-ap
16-1622
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1622. Review hearings — status hearings — annual permanency hearings. (1) Review hearing. (a) A hearing for review of the child’s case and permanency plan shall be held no later than six (6) months after entry of the court’s order taking jurisdiction under this act and every two (2) months thereafter. The department and the guardian ad litem shall file reports to the court no later than five (5) days prior to the two (2) month review hearing. The purpose of the review hearing is: (i) To determine: 1. The safety of the child; 2. The continuing necessity for and appropriateness of the placement; 3. The extent of compliance with the case plan; and 4. The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care; (ii) To determine or continue to investigate whether the child is an Indian child. If there is reason to believe that the child is an Indian child and there has not been a final determination regarding the child’s status as an Indian child: 1. The department shall document and the court shall inquire about the efforts that have been made since the last hearing to determine whether the child is an Indian child; and 2. The department shall document and the court shall determine that the department is using active efforts to work with all tribes of which the child may be a member to verify whether the child is a member or eligible for membership; (iii) To inquire regarding the child’s educational stability. The department shall document and the court shall inquire as to the efforts made to ensure educational stability for the child, including the efforts made to keep the child in the school in which the child is enrolled at the time of placement or the reason that remaining in the school is not in the child’s best interests; (iv) To inquire regarding sibling placement. The department shall document and the court shall inquire whether siblings were placed together or, if siblings were not placed together, the efforts made to place siblings together, the reasons why siblings were not placed together, and a plan for ensuring frequent visitation or ongoing interaction between the siblings, unless visitation or ongoing interaction would be contrary to the safety or well-being of one (1) or more of the siblings; (v) To inquire regarding permanency. The court shall ask each youth age twelve (12) years and older about his desired permanency outcome and discuss with the youth his current permanency plan. For a youth age fourteen (14) years and older, the hearing shall include a review of the services needed to assist the youth to make the transition from foster care to successful adulthood; (vi) To document efforts related to the reasonable and prudent parent standard. For a youth whose permanency goal is another planned permanent living arrangement, the department shall document: 1. That the youth’s foster parents or child car
16-1623
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1623. Amended disposition — Removal during protective supervision. (1) Where the child has been placed under the protective supervision of the department pursuant to section 16-1619 , Idaho Code, the child may be removed from his or her home under the following circumstances: (a) A peace officer may remove the child where the child is endangered in his surroundings and prompt removal is necessary to prevent serious physical or mental injury to the child; or (b) The court has ordered, based upon facts presented to the court, that the child should be removed from his or her present conditions or surroundings because continuation in such conditions or surroundings would be contrary to the welfare of the child and vesting legal custody in the department or other authorized agency would be in the child’s best interests. (2) Upon removal, the child shall be taken to a place of shelter care. (3) When a child under protective supervision is removed from his home pursuant to subsection (1)(a) or (b) of this section without a hearing, a redisposition hearing shall be held within forty-eight (48) hours of the child’s removal from the home, except for Saturdays, Sundays and holidays. At the hearing, the court shall determine whether to vest legal custody in the department or other authorized agency pursuant to section 16-1619 (5)(b), Idaho Code. When a child under protective supervision is removed from his home pursuant to subsection (1)(b) of this section and the facts supporting the removal are presented to the court at a hearing, the hearing at which the court orders the child’s removal is the redisposition hearing. (4) In determining whether to vest legal custody in the department or other authorized agency, the court shall consider any information relevant to the redisposition of the child, and in any event shall make detailed written findings based upon facts in the record as required by section 16-1619 (6), Idaho Code. (5) An order vesting legal custody with the department or other authorized agency under this section shall be treated for all purposes as if such an order had been part of the court’s original decree under section 16-1619 , Idaho Code. The court may order the department to prepare a written case plan. The court may hold a case plan hearing. The case plan hearing shall be held within thirty (30) days of the redisposition hearing pursuant to section 16-1621 , Idaho Code. (6) Each of the parents or legal guardians from whom the child was removed shall be given notice of the redisposition hearing in the same time and manner as required for notice of a shelter care hearing under section 16-1615 (2) and (3), Idaho Code. (7) The redisposition hearing may be continued for a reasonable time upon the request of the parties. History: [16-1623, added 2005, ch. 391, sec. 25, p. 1284; am. 2013, ch. 287, sec. 7, p. 752; am. 2016, ch. 265, sec. 7, p. 716.]
16-1624
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1624. Termination of parent-child relationship. (1) If the child has been placed in the legal custody of the department or under its protective supervision pursuant to section 16-1619 , Idaho Code, the department may petition the court for termination of the parent and child relationship in accordance with chapter 20, title 16 , Idaho Code. A petition to terminate parental rights shall be filed in the child protective act case. (2) A petition to terminate parental rights shall be filed within thirty (30) days of an order approving a permanency plan with a permanency goal of termination of parental rights and adoption. (3) Unless there are compelling reasons it would not be in the best interest of the child, the department shall be required to file a petition to terminate parental rights within thirty (30) days of a judicial determination that an infant has been abandoned or that reasonable efforts are not required because aggravated circumstances were present. (4) The department shall join as a party to the petition if such a petition to terminate is filed by another party; as well as to concurrently identify, recruit, process and approve a qualified family for adoption unless it is determined that such actions would not be in the best interest of the child, or the child is placed with a fit and willing relative. (5) If termination of parental rights is granted and the child is placed in the guardianship or legal custody of the department, the court, upon petition, shall conduct a hearing as to the future status of the child within twelve (12) months of the order of termination of parental rights, and every twelve (12) months subsequently until the child is adopted or is in a placement sanctioned by the court. (6) The court may authorize the department to suspend further efforts to reunify the child with the child’s parent, pending further order of the court, when a petition to terminate parental rights has been filed with regard to the child. History: [(16-1624) 16-1615, added 1976, ch. 204, sec. 2, p. 741; am. 1982, ch. 186, sec. 15, p. 500; am. 1989, ch. 218, sec. 3, p. 528; am. 1998, ch. 257, sec. 4, p. 854; am. 2000, ch. 233, sec. 1, p. 653; am. 2001, ch. 107, sec. 16, p. 367; am. 2003, ch. 279, sec. 7, p. 755; am. and redesig. 2005, ch. 391, sec. 26, p. 1285; am. 2010, ch. 147, sec. 2, p. 316; am. 2013, ch. 287, sec. 8, p. 753.]
16-1625
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1625. Appeal — Effect on custody. (1) An aggrieved party may appeal the following orders or decrees of the court to the district court, or may seek a direct permissive appeal to the supreme court as provided by rules adopted by the supreme court: (a) An adjudicatory decree entered pursuant to section 16-1619 , Idaho Code; (b) Any order subsequent to the adjudicatory decree that vests legal custody of the child in the department or other authorized agency; (c) Any order subsequent to the adjudicatory decree that authorizes or mandates the department to cease reasonable efforts to make it possible to return the child to his home, including an order finding aggravated circumstances; or (d) An order of dismissal. (2) Where the order affects the custody of a child, the appeal shall be heard at the earliest practicable time. The pendency of an appeal shall not suspend the order of the court regarding a child, and it shall not discharge the child from the legal custody of the authorized agency to whose care he has been committed, unless otherwise ordered by the district court. No bond or undertaking shall be required of any party appealing to the district court under the provisions of this section. Any final order or judgment of the district court shall be appealable to the supreme court of the state of Idaho in the same manner as appeals in other civil actions. The filing of the notice of appeal shall not, unless otherwise ordered, stay the order of the district court. History: [(16-1625) 16-1617, added 1976, ch. 204, sec. 2, p. 742; am. 1982, ch. 186, sec. 16, p. 500; am. 2001, ch. 107, sec. 17, p. 367; am. and redesig. 2005, ch. 391, sec. 27, p. 1286; am. 2010, ch. 26, sec. 2, p. 46; am. 2013, ch. 287, sec. 9, p. 753.]
16-1626
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1626. Court records. The court shall keep a record of all court proceedings under this chapter. The records shall be available only to parties to the proceeding, persons having full or partial custody of the subject child and authorized agencies providing protective supervision or having legal custody of the child. Any other person may have access to the records only upon permission by the court and then only if it is shown that such access is in the best interests of the child; or for the purpose of legitimate research. If the records are released for research purposes, the person receiving them must agree not to disclose any information which could lead to the identification of the child. History: [(16-1626) 16-1621, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 20, p. 502; am. 1996, ch. 272, sec. 13, p. 895; am. and redesig. 2005, ch. 391, sec. 28, p. 1286.]
16-1627
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1627. Authorization of emergency medical treatment. (1) At any time whether or not a child is under the authority of the court, the court may authorize medical or surgical care for a child when: (a) A parent, legal guardian or custodian is not immediately available and cannot be found after reasonable effort in the circumstances of the case; or (b) A physician informs the court orally or in writing that in his professional opinion, the life of the child would be greatly endangered without certain treatment and the parent, guardian or other custodian refuses or fails to consent. (2) If time allows in a situation under subsection (1)(b) of this section, the court shall cause every effort to be made to grant each of the parents or legal guardian or custodian an immediate informal hearing, but this hearing shall not be allowed to further jeopardize the child’s life. (3) In making its order under subsection (1) of this section, the court shall take into consideration any treatment being given the child by prayer through spiritual means alone, if the child or his parent, guardian or legal custodian are adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical treatment. (4) After entering any authorization under subsection (1) of this section, the court shall reduce the circumstances, finding and authorization to writing and enter it in the records of the court and shall cause a copy of the authorization to be given to the physician or hospital, or both, that was involved. (5) Oral authorization by the court is sufficient for care or treatment to be given by and shall be accepted by any physician or hospital. No physician or hospital nor any nurse, technician or other person under the direction of such physician or hospital shall be subject to criminal or civil liability for performance of care or treatment in reliance on the court’s authorization, and any function performed thereunder shall be regarded as if it were performed with the child’s and the parent’s authorization. History: [(16-1627) 16-1616, added 1976, ch. 204, sec. 2, p. 742; am. 1996, ch. 272, sec. 12, p. 894; am. and redesig. 2005, ch. 391, sec. 29, p. 1287.]
16-1628
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1628. Support of committed child. (1) Whenever legal custody of a child is vested in someone other than his parents, after due notice to the parent or other persons legally obligated to care for and support the child, and after a hearing, the court may order and decree that the parent or other legally obligated person shall pay in such a manner as the court may direct a reasonable sum that will cover in whole or in part the support and treatment of the child after an order of temporary custody, if any, or the decree is entered. If the parent or other legally obligated person willfully fails or refuses to pay such sum, the court may proceed against him for contempt, or the order may be filed and shall have the effect of a civil judgment. (2) All child support orders shall notify the obligor that the order will be enforced by income withholding pursuant to chapter 12, title 32 , Idaho Code. (3) Failure to include these provisions does not affect the validity of the support order or decree. The court shall require that the social security numbers of both the obligor and obligee be included in the order or decree. History: [(16-1628) 16-1622, added 1976, ch. 204, sec. 2, p. 744; am. 1982, ch. 186, sec. 21, p. 502; am. 1986, ch. 222, sec. 8, p. 608; am. 1990, ch. 361, sec. 4, p. 977; am. 1998, ch. 292, sec. 3, p. 930; am. and redesig. 2005, ch. 391, sec. 30, p. 1287; am. 2012, ch. 257, sec. 2, p. 709.]
16-1629
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1629. Powers and duties of the department. The department, working in conjunction with the court and other public and private agencies and persons, shall have the primary responsibility to implement the purpose of this chapter. To this end, the department is empowered and shall have the duty to do all things reasonably necessary to carry out the purpose of this chapter, including, but not limited to, the following: (1) The department shall administer treatment programs for the protection and care of neglected, abused and abandoned children, and in so doing may place in foster care, shelter care, or other diagnostic, treatment, or care centers or facilities children of whom it has been given custody. The department is to be governed by the standards found in chapter 12, title 39 , Idaho Code. (2) On December 1, the department shall make an annual statistical report to the governor covering the preceding fiscal year showing the number and status of persons in its custody and including such other data as will provide sufficient facts for sound planning in the conservation of children and youth. All officials and employees of the state and of every county and city shall furnish the department, upon request, such information within their knowledge and control as the department deems necessary. Local agencies shall report in such uniform format as may be required by the department. (3) The department shall be required to maintain a central registry for the reporting of child neglect, abuse and abandonment information. Provided however, that the department shall not retain any information for this purpose relating to a child, or parent of a child, abandoned pursuant to chapter 82, title 39 , Idaho Code. (4) The department shall make periodic evaluation of all persons in its custody or under its protective supervision for the purpose of determining whether existing orders and dispositions in individual cases shall be modified or continued in force. Evaluations may be made as frequently as the department considers desirable and shall be made with respect to every person at intervals not exceeding six (6) months. Reports of evaluation made pursuant to this section shall be filed with the court that has jurisdiction. Reports of evaluation shall be provided to persons having full or partial legal or physical custody of a child. Failure of the department to evaluate a person or to reevaluate him within six (6) months of a previous examination shall not of itself entitle the person to a change in disposition but shall entitle him, his parent, guardian or custodian or his counsel to petition the court pursuant to section 16-1622 , Idaho Code. (5) In a consultive capacity, the department shall assist communities in the development of constructive programs for the protection, prevention and care of children and youth. (6) The department shall keep written records of investigations, evaluations, prog
16-1630
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1630. Other duties of the department — Exceptions. (1) Nothing in this chapter shall be construed as modifying duties of the department as described in sections 56-204A and 56-204B , Idaho Code. (2) Nothing in this chapter shall be construed as assigning or imposing duties or responsibilities on the department by those provisions of this chapter relating to guardian ad litem. History: [(16-1630) 16-1624, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 23, p. 503; am. 1989, ch. 281, sec. 3, p. 687; am. and redesig. 2005, ch. 391, sec. 32, p. 1290.]
16-1631
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1631. Authorization for department to act. (1) Upon receiving information that a child may be abused, neglected or abandoned, the department shall cause such investigation to be made in accordance with this chapter as is appropriate. In making the investigation the department shall use its own resources, and may enlist the cooperation of peace officers for phases of the investigation for which they are better equipped. Upon satisfying itself as to the course of action which should be pursued to best accord with the purpose of this chapter, the department shall: (a) Resolve the matter in such informal fashion as is appropriate under the circumstances; or (b) Seek to enter a voluntary agreement with all concerned persons to resolve the problem in such a manner that the child will remain in his own home; or (c) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under this chapter; or (d) Refer the matter to the prosecutor or attorney general with recommendation that appropriate action be taken under other laws. (2) In the event that the department concludes that a voluntary agreement pursuant to subsection (1)(b) of this section should be used, the agreement shall be in writing, shall state the behavioral basis of each parent and necessary third person, shall contain such other terms as the department and each parent having joint custody shall deem appropriate under the circumstances, shall utilize such resources as are available to the department from any source and are considered appropriate to the situation, shall specify the services or treatment to be undertaken, shall be signed by all persons, including: (a) The child if appropriate; (b) Every parent having joint custody of the subject child; (c) Any other full or part-time resident of the home; (d) All other persons the department considers necessary to the agreement’s success; and shall specify the responsibilities of each party to the agreement, which responsibilities shall be thoroughly explained to each person orally. The agreement shall not run for more than one (1) year. Copies shall be given to all signatories. History: [(16-1631) 16-1625, added 1976, ch. 204, sec. 2, p. 746; am. 1982, ch. 186, sec. 24, p. 504; am. 1996, ch. 272, sec. 15, p. 897; am. and redesig. 2005, ch. 391, sec. 33, p. 1290.]
16-1632
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1632. Guardian ad litem coordinator — Duties — Annual report. (1) Under rules, policies and procedures adopted by the Idaho supreme court which may include, but are not limited to, provisions establishing fiscal controls and requiring compliance with all or part of the standards adopted by the national court appointed special advocate association, the persons or entities receiving moneys from the grant administrator to coordinate a guardian ad litem program in a judicial district may be required by the terms of the grant to perform any or all of the following duties: (a) To establish, maintain and coordinate a districtwide guardian ad litem program consistent with the provisions of this chapter; (b) To furnish the necessary administrative and staffing services as may from time to time be required; (c) To act as a coordinator for the purpose of providing guardians ad litem for children brought within the purview of this chapter; (d) To seek to have each child brought within the purview of this chapter available to him a guardian ad litem throughout each stage of any child protective proceeding; (e) To establish a program for attorneys to represent guardians ad litem, whether or not appointed by the court in conjunction with the local, districtwide, and state bar associations; (f) To the extent possible to establish a districtwide program to recruit volunteer guardians ad litem sufficient to provide services in each county of the judicial district; (g) In conjunction with the department, prosecuting attorneys and city and county law enforcement officials, mental health professionals, social workers, school counselors and the medical community, the coordinators may assist in the development and implementation of a statewide uniform protocol for the investigation of allegations of abuse, neglect or abandonment pursuant to the provisions of this chapter; (h) To develop uniform criteria to screen, select, train and remove guardians ad litem; (i) To establish a priority list of those proceedings under this chapter in which a guardian ad litem shall be appointed in districts where there are insufficient numbers of guardians ad litem. (2) Each guardian ad litem coordinator shall submit an annual report for the preceding fiscal year to the grant administrator for delivery to the legislature no later than ten (10) days following the start of each regular session. Such report shall contain the number and type of proceedings filed in the district under this chapter, the number of children subject to proceedings in the district under this chapter and the number of appointed guardians ad litem, the nature of services the guardians ad litem provided, the number of guardians ad litem trained in each district, the number of hours of service provided by guardians ad litem and attorneys and a complete financial statement for the past year and financial support requirements for the next fiscal year. (3)
16-1633
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1633. Guardian ad litem — Duties. Subject to the direction of the court, the guardian ad litem shall advocate for the best interests of the child and shall have the following duties which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs: (1) To conduct an independent factual investigation of the circumstances of the child including, without limitation, the circumstances described in the petition. (2) To file with the court prior to any adjudicatory, review or permanency hearing a written report stating the results of the investigation, the guardian ad litem’s recommendations and such other information as the court may require. In all post-adjudicatory reports, the guardian ad litem shall inquire of any child capable of expressing his or her wishes regarding permanency and, when applicable, the transition from foster care to independent living and shall include the child’s express wishes in the report to the court. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case at least five (5) days before the date set for the hearing. The report submitted prior to the adjudicatory hearing shall not be admitted into evidence at the hearing and shall be used by the court only for disposition if the child is found to be within the purview of the act. (3) To act as an advocate for the child for whom appointed at each stage of proceedings under this chapter. To that end, the guardian ad litem shall participate fully in the proceedings and to the degree necessary to adequately advocate for the child’s best interests, and shall be entitled to confer with the child, the child’s siblings, the child’s parents and any other individual or entity having information relevant to the child protection case. (4) To monitor the circumstances of a child and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the child. (5) To maintain all information regarding the case confidential and to not disclose the same except to the court or to other parties to the case. (6) Such other and further duties as may be expressly imposed by the court order. History: [(16-1633) 16-1631, added 1989, ch. 281, sec. 5, p. 688; am. 1996, ch. 272, sec. 16, p. 898; am. and redesig. 2005, ch. 391, sec. 35, p. 1291; am. 2010, ch. 284, sec. 1, p. 765.]
16-1634
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1634. Guardian ad litem — Rights and powers. The guardian ad litem will have the following rights and powers, which shall continue until resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever first occurs: (1) The guardian ad litem, if represented by counsel, may file pleadings, motions, memoranda and briefs on behalf of the child, and shall have all of the rights of a party whether conferred by statute, rule of court or otherwise. (2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem and the guardian’s attorney of all hearings, staffings, investigations, depositions and significant changes of circumstances of the child. (3) Except to the extent prohibited or regulated by federal law or by the provisions of chapter 82, title 39 , Idaho Code, upon presentation of a copy of the order appointing guardian ad litem, any person or agency, including, without limitation, any hospital, school, organization, department of health and welfare, doctor, nurse, or other health care provider, psychologist, psychiatrist, police department or mental health clinic shall permit the guardian ad litem to inspect and copy pertinent records necessary for the proceeding for which the guardian is appointed relating to the child and parent without consent of the child or parents. History: [(16-1634) 16-1632, added 1989, ch. 281, sec. 6, p. 689; am. 1996, ch. 272, sec. 17, p. 898; am. 2001, ch. 357, sec. 5, p. 1260; am. 2005, ch. 25, sec. 79, p. 115; am. and redesig. 2005, ch. 391, sec. 36, p. 1292.]
16-1635
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1635. Immunity from liability. Any person appointed as a guardian ad litem, the coordinator, or a guardian ad litem volunteer program employee shall be personally immune from any liability for acts, omissions or errors in the same manner as if such person were a volunteer officer or director under the provisions of section 6-1605 , Idaho Code. History: [(16-1635) 16-1633, added 1989, ch. 281, sec. 7, p. 689; am. and redesig. 2005, ch. 391, sec. 37, p. 1293.]
16-1636
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1636. Compliance with federal law. For the purposes of the child abuse prevention and treatment act, 42 U.S.C. sections 5101 et seq., grant to this state under public law no. 93-247, or any related state or federal legislation, a guardian ad litem or other person appointed pursuant to section 16-1614 , Idaho Code, shall be deemed a guardian ad litem to represent the interests of the minor in proceedings before the court. Any provisions of this chapter which shall cause this state to lose federal funding shall be considered null and void. History: [(16-1636) 16-1634, added 1989, ch. 281, sec. 8, p. 690; am. and redesig. 2005, ch. 391, sec. 38, p. 1293.]
16-1637
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1637. Exemption. Any person appointed as a guardian ad litem by court order shall be exempt from the provisions of chapter 32, title 54 , Idaho Code. History: [(16-1637) 16-1635, added 1989, ch. 281, sec. 9, p. 690; am. and redesig. 2005, ch. 391, sec. 39, p. 1293.]
16-1638
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1638. Guardian ad litem account — Creation. (1) There is hereby created an account in the agency asset fund in the state treasury to be designated the guardian ad litem account. (2) The account shall consist of: (a) Moneys appropriated to the account; (b) Donations, gifts and grants to the account from any source; and (c) Any other moneys which may hereafter be provided by law. (3) Moneys in the account may be expended for the purposes provided in sections 16-1632 through 16-1638 , Idaho Code. Interest earned on the investment of idle money in the guardian ad litem account shall be returned to the guardian ad litem account. (4) Disbursements of moneys from the account shall be by appropriation from the legislature to the supreme court, which moneys shall be used for the payment of grants to qualified recipients and for expenses incurred for carrying out the provisions of this chapter. History: [(16-1638) 16-1636, added 1989, ch. 281, sec. 10, p. 690; am. and redesig. 2005, ch. 391, sec. 40, p. 1293; am. 2007, ch. 26, sec. 3, p. 53.]
16-1639
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1639. Guardian ad litem grants. The grant administrator is hereby authorized and directed to award and administer grants from the money which shall be from time to time available to the grant administrator from the guardian ad litem account. The foregoing power and authorization shall be subject to requirements imposed by the supreme court and the following provisions: (1) Grants may be made available to any person, organization, corporation, or agency for any of the following purposes: (a) To enable such entity to act as the guardian ad litem coordinator in any judicial district. (b) To enable such entity to recruit, organize and administer a panel of guardians ad litem and volunteer lawyers to represent guardians ad litem. (c) To enable such entity to recruit, organize, train and support persons or entities to act as guardian ad litem coordinators in judicial districts which do not yet have guardian ad litem coordinators. (d) To enable such entity to pay the administrative and other miscellaneous expenses incurred in carrying out the provisions of the guardian ad litem program. (2) The grant administrator shall endeavor in allocating available funds to foster the development and operation of a guardian ad litem program in each judicial district in the state; provided, however, the grant administrator shall have no obligation to seek out or organize guardian ad litem coordinators or persons willing to act as such in judicial districts lacking a guardian ad litem coordinator. (3) Funds available to the grant administrator from the guardian ad litem account may be also used to pay the grant administrator’s cost of performing its duties and obligations pursuant to this chapter. History: [(16-1639) 16-1637, added 1989, ch. 281, sec. 11, p. 691; am. and redesig. 2005, ch. 391, sec. 41, p. 1294; am. 2007, ch. 26, sec. 4, p. 53.]
16-1641
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1641. Construction. This chapter shall be liberally construed to accomplish the purposes herein set forth. History: [(16-1641) 16-1627, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 26, p. 504; am. and redesig. 2005, ch. 391, sec. 43, p. 1294.]
16-1642
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1642. Short title. This chapter shall be known and cited as the Child Protective Act. History: [(16-1642) 16-1628, as added by 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 27, p. 504; am. and redesig. 2005, ch. 391, sec. 44, p. 1294.]
16-1643
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1643. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter. History: [(16-1643) 16-1629, added 1976, ch. 204, sec. 2, p. 747; am. 1982, ch. 186, sec. 28, p. 505; am. and redesig. 2005, ch. 391, sec. 45, p. 1294.]
16-1644
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1644. limitations on caregiver liability. (1) For purposes of this section: (a) Age or developmentally appropriate means: (i) Activities that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical and behavioral capacities that are typical for an age or age group; and (ii) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical and behavioral capacities of the child. (b) Reasonable and prudent parent standard means the standard of care characterized by careful and sensible parental decisions that maintain the health, safety and best interest of a child while simultaneously encouraging the emotional and developmental growth of the child when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural or social activities. (2) A caregiver shall use the reasonable and prudent parent standard in determining whether to permit a child to participate in an activity while in foster care. A caregiver shall also consider whether the activity is age or developmentally appropriate. (3) A caregiver shall not be liable for harm caused to a child in an out-of-home placement if the child participates in an activity approved by the caregiver when the caregiver has acted in accordance with subsection (2) of this section. (4) This section does not remove or limit any existing liability protection otherwise provided by law. History: [16-1644, added 2016, ch. 360, sec. 2, p. 1064.]
16-1645
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1645. exemption. Notwithstanding any other provision of law, nothing in this chapter modifies or supersedes the requirements of the Indian child welfare act of 1978, 25 U.S.C. 1901, et seq. History: [(16-1645) 16-1644, added 2016, ch. 347, sec. 7, p. 1009; am. and redesig. 2017, ch. 58, sec. 6, p. 104.]
16-1646
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1646. state department of health and welfare annual report. The state department of health and welfare shall submit an annual report regarding the foster care program to the germane standing committees of the legislature no later than ten (10) days following the start of each regular session. On or before February 15 of each year, the state department of health and welfare shall appear before the germane standing committees to present the report. Such report shall include, but need not be limited to, the number of children that are in the department’s legal custody pursuant to this chapter, the number of such children who have been placed in foster care, how many times such children have been moved to different foster care homes and the reasons for such moves, best practices in foster care, goals to improve the foster care system in Idaho to ensure best practices are adhered to, a description of progress made with regard to the previous year’s goals to improve the foster care system and any other information relating to foster care that the legislature requests. If a member of the legislature requests additional information between the time the report is received by the legislature and the time the department appears to present the report, then the department shall supplement its report to include such additional information. History: [(16-1646) 16-1644, added 2016, ch. 284, sec. 1, p. 784; am. and redesig. 2017, ch. 58, sec. 7, p. 104.]
16-1647
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1647. citizen review panels — child protection legislative review panel. (1) Each public health district, as set forth in section 39-408 , Idaho Code, shall establish a citizen review panel for the purposes of evaluating and providing recommendations for the improvement of the child protection system within its respective health district. (2) Each citizen review panel shall be comprised of up to seven (7) members. Members shall reside within the boundaries of the public health district. (3) The public health districts shall develop an application and process for selecting citizen review panel members. The public health districts shall be responsible for convening the meetings of the citizen review panels and providing administrative support to coordinate meeting times and reports. Panel members shall be volunteers broadly representative of the community in which the panel is established and include members who have expertise in the prevention and treatment of child abuse and neglect and may include adult former victims of child abuse or neglect. An effort shall be made to create a panel comprised of members from diverse professional backgrounds who demonstrate a strong motivation to improve the lives of children. Panel members must pass a criminal background check. (4) Each citizen review panel shall review all cases brought under the child protective act that have been open in the corresponding district court, or other appropriate local jurisdiction, longer than one hundred twenty (120) days. (5) Citizen review panel members shall be granted access to copies of all records in the department’s custody related to the child and case under review including all information pertaining to prior referrals, prior safety assessments, all court filings and any police reports. The department shall give citizen review panel members access to copies of any additional records within the department’s custody upon request. The department shall develop a memorandum of understanding addressing delivery, maintenance and destruction of all records, which must be signed by the panel member before accessing department records. (6) Representative members from each of the seven (7) citizen review panels shall meet at least quarterly to discuss trends and concerns arising in different areas of the state. Meetings may take place telephonically, electronically or in person. (7) Each citizen review panel shall produce a quarterly report containing a summary of the activities of the panel and offering recommendations to improve the child protection system experience for children. Reports shall be provided to the department and presented to the child protection legislative review panel established in subsection (9) of this section during its next meeting. Reports shall be exempt from public disclosure in the same manner as are records of investigations prepared by the department pursuant to section 74-105 (7), I
16-1648
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1648. Prohibition on religious discrimination. (1) As used in this section: (a) Adoption or foster care or adoption or foster care services means social services provided to or on behalf of children, including services: (i) Promoting foster parenting; (ii) Providing foster homes, residential care, group homes, or temporary group shelters for children; (iii) Recruiting foster parents; (iv) Placing children in foster homes; (v) Licensing or certifying foster homes; (vi) Promoting adoption or recruiting adoptive parents; (vii) Assisting adoptions or supporting adoptive families; (viii) Performing or assisting home studies; (ix) Assisting kinship guardianships or kinship caregivers; (x) Providing family support services; and (xi) Providing temporary family reunification services. (b) Discriminatory action means any action taken by the state government to: (i) Alter in any way the tax treatment of, or cause any tax, penalty, or payment to be assessed against, or deny, delay, revoke, or otherwise make unavailable an exemption from taxation of any person referred to in subsections (2) and (3) of this section; (ii) Disallow, deny, or otherwise make unavailable a deduction for state tax purposes of any charitable contribution made to or by any person referred to in subsections (2) and (3) of this section; (iii) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any state grant, contract, subcontract, cooperative agreement, guarantee, loan, scholarship, or other similar benefit from or to any person referred to in subsections (2) and (3) of this section; (iv) Withhold, reduce, exclude, terminate, adversely alter the terms or conditions of, or otherwise make unavailable or deny any entitlement or benefit under a state benefit program from or to any person referred to in subsections (2) and (3) of this section; (v) Impose, levy, or assess a monetary fine, fee, penalty, damages award, or injunction; (vi) Withhold, reduce, exclude, terminate, materially alter the terms or conditions of, or otherwise make unavailable or deny any license, certification, accreditation, custody award or agreement, diploma, grade, recognition, or other similar benefit, position, or status from or to any person; or (vii) Refuse to hire or promote, force to resign, terminate, demote, sanction, discipline, adversely alter the terms or conditions of employment of, or retaliate or take other adverse employment action against a person employed or commissioned by the state government. (c) State benefit program means any program administered, controlled, or funded by the state, or by any agent on behalf of the state, providing cash, payments, grants, contracts, loans, or in-kind assistance. (d) State government means: (i) The state or a political subdivision of the state; (ii) Any agency of the state or of a political subdivision of the state, including a d
16-1649
TITLE 16 JUVENILE PROCEEDINGS CHAPTER 16 CHILD PROTECTIVE ACT 16-1649. notification of rights. (1) When the department, in accordance with this chapter, commences an investigation after having received information that a child may be abused, neglected, or abandoned and in the course of such investigation contacts, directly and in person, the parents, guardians, or any persons having legal custody of the child, then the department shall notify such parents, guardians, or persons that they have the right to: (a) Refuse to answer questions; (b) Obtain an attorney at their own expense, consult with such attorney, and have such attorney present during an investigation; provided, however, that the department is not authorized to appoint or obtain an attorney for such parents, guardians, or persons; (c) Refuse entry to their home or other real property; and (d) Refuse the questioning of any minor children in their home or on their property, unless there is an order issued by a court of competent jurisdiction authorizing a particular entry or particular questioning or examination. (2) The notification required by subsection (1) of this section shall be made in writing at the time of or within seventy-two (72) hours after the department makes the first contact directly and in person with the parents, guardians, or other persons having legal custody of the child. (3) A parent, guardian, or other person having legal custody of the child may expressly assert the rights provided in this section. (4) The notification required by subsection (1) of this section shall be made in writing on a form prescribed by the department. Such notification shall state that if the safety of the child cannot be determined, the department may request assistance from a law enforcement agency or seek a court order. (5) Failure by the department to provide the notification required by this section in a specific investigation shall not affect the department’s ability to conduct such investigation or to carry out the department’s duties as provided in this chapter. History: [(16-1649) 16-1648, added 2024, ch. 64, sec. 1, p. 328; am. and redesig. 2025, ch. 211, sec. 8, p. 975.]