16-2001. PURPOSE. (1) The purpose of this chapter is to: (a) Provide for voluntary and involuntary severance of the parent and child relationship and for substitution of parental care and supervision by judicial process, thereby safeguarding the rights and interests of all parties concerned and promoting their welfare and that of the state of Idaho; […]
16-2002. DEFINITIONS. When used in this chapter, unless the text otherwise requires: (1) "Court" means the district court or magistrate’s division thereof or, if the context requires, a judge or magistrate thereof. (2) "Child" or "minor" means any individual who is under the age of eighteen (18) years. (3) "Neglected" means: (a) Conduct as defined […]
16-2003. JURISDICTION. The court shall have exclusive original jurisdiction, other than as provided in title 32, Idaho Code, to hear petitions to terminate the parent and child relationship when the child is present in the state. When a court has jurisdiction over the child under the child protective act, chapter 16, title 16, Idaho Code, […]
16-2004. PETITION — WHO MAY FILE. A petition may be filed by: a. Either parent when termination is sought with respect to the other parent. b. The guardian of the person or the legal custodian of the child or person standing in loco parentis to the child. c. An authorized agency. d. Any other person […]
16-2005. CONDITIONS UNDER WHICH TERMINATION MAY BE GRANTED. (1) The court may grant an order terminating the relationship where it finds that termination of parental rights is in the best interests of the child and that one (1) or more of the following conditions exist: (a) The parent has abandoned the child. (b) The parent […]
16-2006. CONTENT OF PETITION. The petition for the termination of the parent and child relationship shall include, to the best information and belief of the petitioner: a. The name and place of residence of the petitioner; b. The name, sex, date and place of birth, and residence of the child; c. The basis for the […]
16-2007. NOTICE — WAIVER — GUARDIAN AD LITEM. (1) After a petition has been filed, the court shall set the time and place for hearing. The petitioner shall give notice to any person entitled to notice under section 16-1505, Idaho Code, the authorized agency having legal custody of the child and the guardian ad litem […]
16-2008. INVESTIGATION PRIOR TO DISPOSITION. (1) If a petition for adoption is not filed in conjunction with a petition for termination, or the petition for termination was not filed by a children’s adoption agency licensed by the state of Idaho upon the filing of a petition for termination, the court shall direct the department of […]
16-2009. HEARING. Cases under this act shall be heard by the court without a jury. The hearing may be conducted in an informal manner and may be adjourned from time to time. Stenographic notes or mechanical recording of the hearing shall be required. The general public shall be excluded and only such persons admitted whose […]
16-2010. DECREE. (1) Every order of the court terminating the parent and child relationship or transferring legal custody or guardianship of the person of the child shall be in writing and shall recite the findings upon which such order is based, including findings pertaining to the court’s jurisdiction. (2) (a) If the court finds sufficient […]
16-2011. EFFECT OF DECREE. An order terminating the parent and child relationship shall divest the parent and the child of all legal rights, privileges, duties, and obligations, including rights of inheritance, with respect to each other. History: [16-2011, added 1963, ch. 145, sec. 11, p. 420.]
16-2012. COURT COSTS. All court costs of giving notice and advertising shall be paid by the petitioners, except when the petitioner is an authorized agency. The court, however, may suspend such costs where payment would work a hardship on the petitioner or would be otherwise inappropriate. History: [16-2012, added 1963, ch. 145, sec. 12, p. […]
16-2013. RECORDS. The files and records of the court in any proceedings had under this act shall be kept in a separate locked file and shall be withheld from public inspection, but shall be open to inspection on special order of the court by persons having a legitimate interest in the case and their attorneys, […]
16-2014. APPEALS. Any appeal from an order or decree of the court granting or refusing to grant a termination shall be taken to the supreme court, provided however, pendency of an appeal or application therefor shall not suspend the order of the court relative to termination of the parent-child relationship. History: [16-2014, added 1963, ch. […]
16-2015. CONSTRUCTION. This act shall be liberally construed to accomplish the purposes herein set forth. History: [16-2015, added 1963, ch. 145, sec. 16, p. 420.]
