- Forms and Timelines
- Hearings
The following list contains common forms that you might use in a Child Protection case. The descriptions and corresponding time requirements have been drafted by the AOC, are for educational purposes only, and are not approved by the Supreme Court as statements of law.
For full definitions and timelines please see: https://legislature.idaho.gov/statutesrules/idstat/
The court’s order taking jurisdiction under the C.P.A. I.C. § 16-1622
Findings on the record of the facts and conclusions of law upon which the court exercises its jurisdiction over the child. I.C. § 16-1619(4)
In every case in which the child is determined to be within the jurisdiction of the court and there is no judicial determination that aggravated circumstances were present, the department shall prepare a written case plan, including cases in which the parent(s) is incarcerated.
The Department creates the Case Plan.
Idaho Timeline:
5 days prior to the Case Plan Hearing. I.C. § 16-1621
If the caseworker determines that there is abuse or neglect or a substantial risk of abuse or neglect in the foster home, then the department may change the placement of the child without a supervisor’s review. I.C. § 16-1629(14)
Idaho Timeline:
Within 7 days after the change of placement. I.C. § 16-1629(14)
A petition invoking the jurisdiction of the court under I.C. § 16-1610
The Summons contains 1) a copy of the Petition, 2) notify parents, guardian or legal custodian of their right to counsel and the time and date of the hearing 3) if it appears that the court has jurisdiction, the order to remove the child (if it is contrary to the welfare of the child to stay)
Idaho Timeline:
After the Petition has been filed. I.C. § 16-1611
Judicial findings of aggravated circumstances.
The results of the independent factual investigation (by the GAL) of the circumstances of the child including, without limitation, the circumstances described in the petition. I.C. § 16-1633(1)
Idaho Timeline:
At least 5 days before the Adjudicatory, Review or Permanency Hearing. I.C. § 16-1633(2)
The report shall contain a social evaluation of the child and the parents or other legal custodian and such other information as the court shall require.
Idaho Timeline:
Delivered to the court with copies to each of the parties prior to the pretrial conference for the adjudicatory hearing.
Where legal custody of a child is vested in the department, any party or counsel for a child may, at or after the disposition phase of an adjudicatory hearing, file and serve a written motion to contest matters relating to the placement of the child by the department.
Idaho Timeline:
After the disposition phase of an adjudicatory hearing. No later than 30 days from the date the Motion was filed.
May be filed by the department or any party; provided that no motion may be filed by the respondents under this section within three (3) months of a prior hearing on care and placement of the child. I.C. § 16-1622(c)
A written notice of emergency removal in accordance with I.C. § 16-1609(1).
Idaho Timeline:
Shall be given by personal service at least 24 hours prior to the shelter-care hearing. Notice is not required for purposes of the shelter-care hearing in the event the parent(s), guardian, or custodian cannot be located or are out of state. (I.J.R. 32(c))
The order that places the child in the temporary legal custody of the department or other authorized agency
Requirements:
(b) There is reasonable cause to believe the child comes within the jurisdiction of the court under this chapter and either: (I) The department made reasonable efforts to eliminate the need for shelter care but the efforts were unsuccessful; or (ii) The department made reasonable efforts to eliminate the need for shelter care but was not able to safely provide preventive services; and (c) The child could not be placed in the temporary sole custody of a parent having joint legal or physical custody; and (d) It is contrary to the welfare of the child to remain in the home. I.C. § 16-1615(b)
Idaho Timeline:
Within 24 hours of the Shelter Care Hearing
An order approving a permanency plan with a permanency goal of termination of parental rights and adoption. Or if an infant has been abandoned or that reasonable efforts are not required because aggravated circumstances were present. I.C. § 16-1624(2)
The department or authorized agency may move the court at any time to vacate any order placing a child in its custody or under its protective supervision. I.C. § 16-1622(e)
A plan for a continuous residence and maintenance of nurturing relationships during the child’s minority.
The department shall prepare a permanency plan and file the permanency plan with the court at least five (5) days prior to the permanency hearing. This plan shall have a permanency goal of termination of parental rights and adoption, guardianship, or APPLA. and reasonable efforts set forth to finalize the plan. I.C. § 16-1620
The plan includes: the services to provide to the child, all options for permanent placement (in state and out of state), advantages and disadvantages of each option and recommendation as to what is in the child's best interest, actions necessary to implement the recommended option, address options for maintaining the child's connection to the community, document that siblings were placed together, and if placed separately, document efforts to place them together and a plan for visitation. Identify the prospective adoptive parents
>14: identify services to assist youth in transition from foster care to adulthood, rights in regard to education, health, visitation, court participation and annual credit report (in writing with acknowledgement)
>16 with APPLA: The unsuccessful efforts made to place the youth with a parent, in adoption, or guardianship, or in the legal custody of the department in a placement with a fit and willing relative including adult sibling. Why APPLA is the best plan for the youth, the steps the Department has taken to ensure the foster parents or child care institution are following reasonable and prudent parent standard for activities, the opportunities provided to the youth to engage in age-appropriate or developmentally appropriate activities.
ICWA: The efforts made to determine whether the child is an Indian child, the Departments efforts to work with tribes to verify.
Idaho Timeline:
5 days prior to the Permanency Hearing
Idaho Timeline:
Within thirty (30) days of an order approving a permanency plan with a permanency goal of termination of parental rights and adoption. I.C. § 16-1624(2)
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. I.C. § 16-1624(2)
An order issued by the court in a child protection case, prior to the adjudicatory hearing, to enable the child to remain in the home pursuant to section 16-1615(8), Idaho Code, or following an adjudicatory hearing to preserve the unity of the family and to ensure the best interests of the child pursuant to section 16-1619(10), Idaho Code. I.C. § 16-1602(34)
If it appears that the child is safe in his present condition or surroundings and it is not in his best interest to remove him at this time, the court may issue a protective order based on an affidavit pending the adjudicatory hearing. I.C. § 16-1611(5)
Idaho Timeline:
Prior to the Adjudicatory Hearing
If a youth is in the legal custody of the department or other authorized agency and is within ninety (90) days of his eighteenth birthday, the department shall file a report with the court that includes the department’s transition plan for the youth. I.C. § 16-1622(3)
The Department prepares the Transition to Adulthood Plan.
Idaho Timeline:
Within 90 days of the youths 18th birthday.