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.]
Structure Idaho Code
Title 16 - JUVENILE PROCEEDINGS
Chapter 16 - CHILD PROTECTIVE ACT
Section 16-1602 - DEFINITIONS.
Section 16-1603 - JURISDICTION OF THE COURTS.
Section 16-1604 - RETENTION OF JURISDICTION.
Section 16-1605 - REPORTING OF ABUSE, ABANDONMENT OR NEGLECT.
Section 16-1607 - REPORTING IN BAD FAITH — CIVIL DAMAGES.
Section 16-1608 - EMERGENCY REMOVAL.
Section 16-1609 - EMERGENCY REMOVAL — NOTICE.
Section 16-1612 - SERVICE OF SUMMONS — TRAVEL EXPENSES — NECESSARY WITNESSES.
Section 16-1613 - HEARINGS UNDER THE CHILD PROTECTIVE ACT.
Section 16-1615 - SHELTER CARE HEARING.
Section 16-1616 - INVESTIGATION.
Section 16-1617 - INVESTIGATION BY MULTIDISCIPLINARY TEAMS.
Section 16-1618 - INVESTIGATIVE INTERVIEWS OF ALLEGED CHILD ABUSE VICTIMS.
Section 16-1619 - ADJUDICATORY HEARING — CONDUCT OF HEARING — CONSOLIDATION.
Section 16-1619A - PLACEMENT OF A CHILD IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
Section 16-1620 - FINDING OF AGGRAVATED CIRCUMSTANCES — PERMANENCY PLAN — HEARING.
Section 16-1621 - CASE PLAN HEARING — NO FINDING OF AGGRAVATED CIRCUMSTANCES.
Section 16-1622 - REVIEW HEARINGS — STATUS HEARINGS — ANNUAL PERMANENCY HEARINGS.
Section 16-1623 - AMENDED DISPOSITION — REMOVAL DURING PROTECTIVE SUPERVISION.
Section 16-1624 - TERMINATION OF PARENT-CHILD RELATIONSHIP.
Section 16-1625 - APPEAL — EFFECT ON CUSTODY.
Section 16-1626 - COURT RECORDS.
Section 16-1627 - AUTHORIZATION OF EMERGENCY MEDICAL TREATMENT.
Section 16-1628 - SUPPORT OF COMMITTED CHILD.
Section 16-1629 - POWERS AND DUTIES OF THE DEPARTMENT.
Section 16-1630 - OTHER DUTIES OF THE DEPARTMENT — EXCEPTIONS.
Section 16-1631 - AUTHORIZATION FOR DEPARTMENT TO ACT.
Section 16-1632 - GUARDIAN AD LITEM COORDINATOR — DUTIES — ANNUAL REPORT.
Section 16-1633 - GUARDIAN AD LITEM — DUTIES.
Section 16-1634 - GUARDIAN AD LITEM — RIGHTS AND POWERS.
Section 16-1635 - IMMUNITY FROM LIABILITY.
Section 16-1636 - COMPLIANCE WITH FEDERAL LAW.
Section 16-1638 - GUARDIAN AD LITEM ACCOUNT — CREATION.
Section 16-1639 - GUARDIAN AD LITEM GRANTS.
Section 16-1640 - ADMINISTRATIVE PROCEDURE ACT.
Section 16-1641 - CONSTRUCTION.
Section 16-1642 - SHORT TITLE.
Section 16-1643 - SEVERABILITY.
Section 16-1644 - LIMITATIONS ON CAREGIVER LIABILITY.
Section 16-1646 - STATE DEPARTMENT OF HEALTH AND WELFARE ANNUAL REPORT.
Section 16-1647 - CITIZEN REVIEW PANELS — CHILD PROTECTION LEGISLATIVE REVIEW PANEL.