Idaho Code 16-1624 – Termination of Parent-Child Relationship
Current as of: 2023 | Check for updates
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(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.
Terms Used In Idaho Code 16-1624
- 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. See Idaho Code 16-1602
- Aggravated circumstances: includes , but is not limited to:
Idaho Code 16-1602Child: means an individual who is under the age of eighteen (18) years. See Idaho Code 16-1602 Court: means district court or magistrate division thereof or, if the context requires, a magistrate or judge thereof. See Idaho Code 16-1602 Department: means the department of health and welfare and its authorized representatives. See Idaho Code 16-1602 Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:
Idaho Code 16-1602Permanency plan: means a plan for a continuous residence and maintenance of nurturing relationships during the child’s minority. See Idaho Code 16-1602 Protective supervision: is a legal status created by court order in a child protective case whereby the child is in the legal custody of his or her parent(s), guardian(s) or other legal custodian(s), subject to supervision by the department. See Idaho Code 16-1602 Relative: 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
(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.