Idaho Code 16-1610 – Petition
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(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) The petition shall state with specificity whether a parent with joint legal custody or a noncustodial parent has been notified of placement;
(k) The petition shall state whether a court has adjudicated the custodial rights of the parents and shall set forth the custodial status of the child;
(l) The court may combine petitions and hearings where multiple petitions have been filed involving related children, parents or guardians.
Terms Used In Idaho Code 16-1610
- Aggravated circumstances: includes , but is not limited to:
Idaho Code 16-1602Authorized agency: means the department, a local agency, a person, an organization, corporation, benevolent society or association licensed or approved by the department or the court to receive children for control, care, maintenance or placement. See Idaho Code 16-1602 Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Court: means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602 Custodian: means a person, other than a parent or legal guardian, to whom legal or joint legal custody of the child has been given by court order. See Idaho Code 16-1602 Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-1602 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:
Idaho Code 16-1602person: includes a corporation as well as a natural person;
Idaho Code 73-114Relative: means a child’s grandparent, great grandparent, aunt, great aunt, uncle, great uncle, brother-in-law, sister-in-law, first cousin, sibling and half-sibling. See Idaho Code 16-1602 Shelter care: means places designated by the department for temporary care of children pending court disposition or placement. See Idaho Code 16-1602