Idaho Code 16-1625 – Appeal — Effect On Custody
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(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.
Terms Used In Idaho Code 16-1625
- Aggravated circumstances: includes , but is not limited to:
Idaho Code 16-1602Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Authorized 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 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 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Legal custody: means a relationship created by court order, which vests in a custodian the following rights and responsibilities:
Idaho Code 16-1602