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IDAPA
16.06.01.721
IDAHO
ADMINISTRATIVE CODE
AGENCY
16. DEPARTMENT OF HEALTH AND WELFARE
TITLE
06.
CHAPTER
01. RULES GOVERNING FAMILY AND CHILDREN'S SERVICES
721.
REPORT TO THE COURT - INVOLUNTARY TERMINATION.
If a petition for an involuntary termination of parental rights
has been brought before the Magistrate Court, an investigation or
report to the court under the Termination Act is required.
If the petition has been filed by the Department a
report is required pursuant to Section 16-2008(b), Idaho Code. Reports
submitted under the Termination Act based on an involuntary termination
of parental rights shall include: (3-30-01)
01. Allegations. The allegations contained in the petition. (3-30-01)
02. Investigation. The process of the assessment and investigation. (3-30-01)
03. Family Circumstances. The present condition of the child and
parent(s), especially the circumstances of the parent(s) whose rights are
being terminated and contact with the parent(s) of a minor
parent, unless lack of contact is explained.
(5-3-03)
04. Medical Information. The information forms regarding the child, birth
mother, and birth father shall be submitted with the Report
to the Court. Reasonably known or available medical and genetic
information regarding both birth parents and source of such information,
as well as reasonably known or available providers of medical
care and services to the birth parents. (3-30- 01)
05. Efforts To Maintain Family. Other facts that pertain to
the parent and child relationship including what reasonable efforts have
been made to keep the child with the family. (3-30-01)
06. Absent Parent. Reasonable efforts made by the petitioner to
locate an absent parent(s) and provision of notification to an
unmarried father of the paternity registry requirement pursuant to Section
16-1513, Idaho Code. (3- 20-04)
07. Planning. Proposed plans for the child consistent with: (3-30-01)
a. The Indian Child Welfare Act, including potential for placement
with the Indian child's extended family, other members of the
Indian child's tribe, or other Indian families; and (3-30-01)
b. The Multi-Ethnic Placement Act and Interethnic Placement Act and
regulations prohibiting states from delaying or denying cross-jurisdictional adoptive placements
with an approved family which shall include individualized documentation
regarding this child's needs in permanent placement. (3-30-01)
08. Compliance With The Indian Child Welfare Act. Documentation of
compliance with the Indian Child Welfare Act, including identification of
whether the child is Indian and if so: (3-30-01)
a. Notification of the pending proceedings by registered mail with
return receipt requested, to the parent(s) or Indian custodian(s) and
the Indian child's tribe, or to the Secretary of the
Interior if their identity or location cannot be determined; (5-3-03)
b. Notification of the right of the parent(s) or Indian
custodian(s), and the Indian child's tribe, to intervene in the
proceeding and their right to be granted up to twenty
(20) additional days to prepare for the proceeding; (5-3- 03)
c. Notification that if the court determines indigency, the parent(s)
or Indian custodian(s) shall have the right to court-appointed counsel;
(5-3-03)
d. Evidence, including identity and qualifications of expert witnesses, that
continued custody of the child by the parent(s) or Indian
custodian(s) is likely to result in serious emotional or physical
damage to the child; (5-3-03)
e. A recommendation and the reasons therefor as to whether
or not termination of the parent and child relationship is
in the best interest of the child; and (3-30-01)
f. Upon the court's written decision to terminate parental rights,
two certified
copies of the "Findings of Fact, Conclusions of Law and
Decree" are to be placed in the child's permanent record.
(3-30-01)
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