Amends and adds to existing law to provide for a school of origin and school of origin hearing.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 809
BY HEALTH AND WELFARE COMMITTEE
AN ACT	1
RELATING TO THE CHILD PROTECTIVE ACT; AMENDING SECTION 16-1602, IDAHO CODE,	2
TO REVISE DEFINITIONS; AMENDING SECTION 16-1615, IDAHO CODE, TO REVISE	3
TERMINOLOGY; AMENDING SECTION 16-1619, IDAHO CODE, TO REVISE TERMI-	4
NOLOGY; AMENDING SECTION 16-1620, IDAHO CODE, TO REVISE TERMINOLOGY;	5
AMENDING SECTION 16-1621, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING	6
SECTION 16-1622, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING CHAPTER	7
16, TITLE 16, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 16-1625A,	8
IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING SCHOOL OF ORIGIN HEAR-	9
INGS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.	10
Be It Enacted by the Legislature of the State of Idaho:	11
SECTION 1. That Section 16-1602, Idaho Code, be, and the same is hereby	12
amended to read as follows:	13
16-1602. DEFINITIONS. For purposes of this chapter:	14
(1) "Abused" means any case in which a child has been the victim of:	15
(a) Conduct or omission resulting in skin bruising, bleeding, mal-	16
nutrition, burns, fracture of any bone, head injury, soft tissue	17
swelling, failure to thrive or death, and such condition or death is not	18
justifiably explained, or where the history given concerning such con-	19
dition or death is at variance with the degree or type of such condition	20
or death, or the circumstances indicate that such condition or death may	21
not be the product of an accidental occurrence; or	22
(b) Sexual conduct, including rape, molestation, incest, commercial	23
sexual activity, obscene or pornographic photographing, filming or de-	24
piction for commercial purposes, human trafficking as defined in chap-	25
ter 86, title 18, Idaho Code, or other similar forms of sexual exploita-	26
tion harming or threatening the child's health or welfare or mental in-	27
jury to the child.	28
(2) "Abandoned" means the failure of the parent to maintain a normal	29
parental relationship with his child including, but not limited to, reason-	30
able support or regular personal contact. Failure to maintain this rela-	31
tionship without just cause for a period of one (1) year shall constitute	32
prima facie evidence of abandonment.	33
(3) "Adaptive equipment" means any piece of equipment or any item that	34
is used to increase, maintain or improve the parenting capabilities of a par-	35
ent with a disability.	36
(4) "Adjudicatory hearing" means a hearing to determine:	37
(a) Whether the child comes under the jurisdiction of the court pur-	38
suant to the provisions of this chapter;	39
(b) Whether continuation of the child in the home would be contrary to	40
the child's welfare and whether the best interest of the child requires	41

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protective supervision or vesting legal custody of the child in an au-	1
thorized agency.	2
(5) "Age of developmentally appropriate" means:	3
(a) Activities that are generally accepted as suitable for children of	4
the same chronological age or level of maturity or that are determined	5
to be developmentally appropriate for a child, based on the development	6
of cognitive, emotional, physical and behavioral capacities that are	7
typical for an age or age group; and	8
(b) In the case of a specific child, activities or items that are suit-	9
able for the child based on the developmental stages attained by the	10
child with respect to the cognitive, emotional, physical and behavioral	11
capacities of the child.	12
(6) "Aggravated circumstances" includes, but is not limited to:	13
(a) Circumstances in which the parent has engaged in any of the follow-	14
ing:	15
(i) Abandonment, chronic abuse or chronic neglect of the child.	16
Chronic neglect or chronic abuse of a child shall consist of abuse	17
or neglect that is so extreme or repetitious as to indicate that	18
return of the child to the home would result in unacceptable risk	19
to the health and welfare of the child.	20
(ii) Sexual abuse against a child of the parent. Sexual abuse, for	21
the purposes of this section, includes any conduct described in	22
section 18-1506, 18-1506A, 18-1507, 18-1508, 18-1508A, 18-6101,	23
or 18-6604, or chapter 86, title 18, Idaho Code.	24
(iii) Torture of a child. Any conduct listed in section	25
18-8303(1), Idaho Code; battery or an injury to a child that re-	26
sults in serious or great bodily injury to a child; voluntary	27
manslaughter of a child, or aiding or abetting such voluntary	28
manslaughter, soliciting such voluntary manslaughter or attempt-	29
ing or conspiring to commit such voluntary manslaughter;	30
(b) The parent has committed murder, aided or abetted a murder, so-	31
licited a murder or attempted or conspired to commit murder; or	32
(c) The parental rights of the parent to another child have been termi-	33
nated involuntarily.	34
(7) "Authorized agency" means the department, a local agency, a person,	35
an organization, corporation, benevolent society or association licensed	36
or approved by the department or the court to receive children for control,	37
care, maintenance or placement.	38
(8) "Caregiver" means a foster parent with whom a child in foster care	39
has been placed or a designated official for a child care institution in	40
which a child in foster care has been placed.	41
(9) "Case plan hearing" means a hearing to approve, modify or reject the	42
case plan as provided in section 16-1621, Idaho Code.	43
(10) "Child" means an individual who is under the age of eighteen (18)	44
years.	45
(11) "Child advocacy center" or "CAC" means an organization that ad-	46
heres to national best practice standards established by the national	47
membership and accrediting body for children's advocacy centers and that	48
promotes a comprehensive and coordinated multidisciplinary team response to	49
allegations of child abuse by maintaining a child-friendly facility at which	50

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appropriate services are provided. These services may include forensic in-	1
terviews, forensic medical examinations, mental health services and other	2
related victim services.	3
(12) "Circumstances of the child" includes, but is not limited to, the	4
joint legal custody or joint physical custody of the child.	5
(13) "Commit" means to transfer legal and physical custody.	6
(14) "Concurrent planning" means a planning model that prepares for and	7
implements different outcomes at the same time.	8
(15) "Court" means district court or magistrate division thereof or, if	9
the context requires, a magistrate or judge thereof.	10
(16) "Custodian" means a person, other than a parent or legal guardian,	11
to whom legal or joint legal custody of the child has been given by court or-	12
der.	13
(17) "Department" means the department of health and welfare and its au-	14
thorized representatives.	15
(18) "Disability" means, with respect to an individual, any mental or	16
physical impairment that substantially limits one (1) or more major life	17
activities of the individual including, but not limited to, self-care, man-	18
ual tasks, walking, seeing, hearing, speaking, learning or working, or a	19
record of such an impairment, or being regarded as having such an impairment.	20
Disability shall not include transvestism, transsexualism, pedophilia,	21
exhibitionism, voyeurism, other sexual behavior disorders, or substance use	22
disorders, compulsive gambling, kleptomania or pyromania. Sexual prefer-	23
ence or orientation is not considered an impairment or disability. Whether	24
an impairment substantially limits a major life activity shall be determined	25
without consideration of the effect of corrective or mitigating measures	26
used to reduce the effects of the impairment.	27
(19) "Family or household member" shall have the same meaning as in sec-	28
tion 39-6303(6), Idaho Code.	29
(20) "Foster care" means twenty-four (24) hour substitute parental care	30
for children placed away from their parents or guardians by persons who may	31
or may not be related to the children and for whom the state agency has place-	32
ment and care responsibility.	33
(21) "Foster parent" means a person or persons licensed to provide fos-	34
ter care.	35
(22) "Grant administrator" means the supreme court or any organization	36
or agency as may be designated by the supreme court in accordance with such	37
procedures as may be adopted by the supreme court. The grant administrator	38
shall administer funds from the guardian ad litem account in accordance with	39
the provisions of this chapter.	40
(23) "Guardian ad litem" means a person appointed by the court pursuant	41
to a guardian ad litem volunteer program to act as special advocate for a	42
child under this chapter.	43
(24) "Guardian ad litem coordinator" means a person or entity receiving	44
moneys from the grant administrator for the purpose of carrying out any of	45
the duties set forth in section 16-1632, Idaho Code.	46
(25) "Guardian ad litem program" means the program to recruit, train and	47
coordinate volunteer persons to serve as guardians ad litem for abused, ne-	48
glected or abandoned children.	49

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(26) "Homeless," as used in this chapter, shall mean that the child is	1
without adequate shelter or other living facilities, and the lack of such	2
shelter or other living facilities poses a threat to the health, safety or	3
well-being of the child.	4
(27) "Idaho network of children's advocacy centers" means an organiza-	5
tion that provides education and technical assistance to child advocacy cen-	6
ters and to interagency multidisciplinary teams developed pursuant to sec-	7
tion 16-1617, Idaho Code.	8
(28) "Law enforcement agency" means a city police department, the pros-	9
ecuting attorney of any county, state law enforcement officers, or the of-	10
fice of a sheriff of any county.	11
(29) "Legal custody" means a relationship created by court order, which	12
vests in a custodian the following rights and responsibilities:	13
(a) To have physical custody and control of the child, and to determine	14
where and with whom the child shall live.	15
(b) To supply the child with food, clothing, shelter and incidental ne-	16
cessities.	17
(c) To provide the child with care, education and discipline.	18
(d) To authorize ordinary medical, dental, psychiatric, psychologi-	19
cal, or other remedial care and treatment for the child, including care	20
and treatment in a facility with a program of services for children, and	21
to authorize surgery if the surgery is deemed by two (2) physicians li-	22
censed to practice in this state to be necessary for the child.	23
(e) Where the parents share legal custody, the custodian may be vested	24
with the custody previously held by either or both parents.	25
(30) "Mental injury" means a substantial impairment in the intellectual	26
or psychological ability of a child to function within a normal range of per-	27
formance and/or behavior, for short or long terms.	28
(31) "Neglected" means a child:	29
(a) Who is without proper parental care and control, or subsistence,	30
medical or other care or control necessary for his well-being because of	31
the conduct or omission of his parents, guardian or other custodian or	32
their neglect or refusal to provide them; however, no child whose parent	33
or guardian chooses for such child treatment by prayers through spiri-	34
tual means alone in lieu of medical treatment shall be deemed for that	35
reason alone to be neglected or lack parental care necessary for his	36
health and well-being, but this subsection shall not prevent the court	37
from acting pursuant to section 16-1627, Idaho Code; or	38
(b) Whose parent, guardian or other custodian is unable to discharge	39
the responsibilities to and for the child and, as a result of such in-	40
ability, the child lacks the parental care necessary for his health,	41
safety or well-being; or	42
(c) Who has been placed for care or adoption in violation of law; or	43
(d) Who is without proper education because of the failure to comply	44
with section 33-202, Idaho Code.	45
(32) "Order to prevent removal," as described in section 16-1611(5),	46
Idaho Code, means an order to allow a child to remain in the child's present	47
surroundings when there is reasonable cause to believe the child is safe in	48
the sole care of one (1) parent, legal guardian, or legal custodian and when	49

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there is alleged neglect or abuse by another parent, legal guardian, or legal	1
custodian.	2
(33) "Permanency hearing" means a hearing to review, approve, reject or	3
modify the permanency plan of the department and to review reasonable ef-	4
forts in accomplishing the permanency plan.	5
(34) "Permanency plan" means a plan for a continuous residence and main-	6
tenance of nurturing relationships during the child's minority.	7
(35) "Protective supervision" is a legal status created by court order	8
in a child protective case whereby the child is in the legal custody of his or	9
her parent(s), guardian(s) or other legal custodian(s), subject to supervi-	10
sion by the department.	11
(36) "Psychotropic medication" means a drug prescribed to affect psy-	12
chological functioning, perception, behavior or mood. Psychotropic medi-	13
cations include, but are not limited to, antidepressants, mood stabilizers,	14
antipsychotics, antianxiety medications, sedatives and stimulants.	15
(37) "Qualified individual" means a trained professional or licensed	16
clinician who is not connected to or affiliated with any placement setting	17
in which children are placed by the department and who is not an employee of	18
child and family services, unless a waiver has been approved by the autho-	19
rized agency.	20
(38) "Qualified residential treatment program" means a program that has	21
a trauma-informed treatment model designed to address the needs of children	22
with serious emotional or behavioral disorders or disturbances, is able to	23
implement the treatment identified for the child by the assessment of the	24
child required under section 16-1619A(2), Idaho Code, and is licensed and	25
accredited in accordance with state and federal law.	26
(39) "Reasonable and prudent parent standard" means the standard of	27
care characterized by careful and sensible parental decisions that main-	28
tain the health, safety and best interests of a child while simultaneously	29
encouraging the emotional and developmental growth of the child that a care-	30
giver shall use when determining whether to allow a child in foster care	31
under the responsibility of the state to participate in extracurricular,	32
enrichment, cultural or social activities.	33
(40) "Relative" means a child's grandparent, great grandparent, aunt,	34
great aunt, uncle, great uncle, brother-in-law, sister-in-law, first	35
cousin, sibling and half-sibling.	36
(41) "Residual parental rights and responsibilities" means those	37
rights and responsibilities remaining with the parents after the transfer of	38
legal custody including, but not necessarily limited to, the right of visi-	39
tation, the right to consent to adoption, the right to determine religious	40
affiliation, the right to determine choice of school, the right to family	41
counseling when beneficial, and the responsibility for support.	42
(42) "School of origin" means the school in which a child is enrolled at	43
the time of placement, including private instruction by a parent or guardian	44
and any other method authorized pursuant to section 33-202, Idaho Code.	45
(42) (43) "Shelter care" means places designated by the department for	46
temporary care of children pending court disposition or placement.	47
(43) (44) "Supportive services," as used in this chapter, shall mean	48
services that assist parents with a disability to compensate for those as-	49
pects of their disability that affect their ability to care for their child	50

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6
and that will enable them to discharge their parental responsibilities. The	1
term includes specialized or adapted training, evaluations or assistance	2
with effectively using adaptive equipment and accommodations that allow	3
parents with a disability to benefit from other services including, but not	4
limited to, Braille texts or sign language interpreters.	5
SECTION 2. That Section 16-1615, Idaho Code, be, and the same is hereby	6
amended to read as follows:	7
16-1615. SHELTER CARE HEARING. (1) Notwithstanding any other provi-	8
sion of this chapter, when a child is taken into shelter care pursuant to sec-	9
tion 16-1608 or 16-1611, Idaho Code, a hearing to determine whether the child	10
should be released shall be held according to the provisions of this section.	11
(2) Each of the parents or custodian from whom the child was removed	12
shall be given notice of the shelter care hearing. Such notice shall include	13
the time, place, and purpose of the hearing; and, that such person is enti-	14
tled to be represented by legal counsel. Notice as required by this subsec-	15
tion shall be given at least twenty-four (24) hours before the shelter care	16
hearing.	17
(3) Notice of the shelter care hearing shall be given to the parents or	18
custodian from whom the child was removed by personal service and the return	19
of service shall be filed with the court and to any person having joint legal	20
or physical custody of the subject child. Provided, however, that such ser-	21
vice need not be made where the undelivered notice is returned to the court	22
along with an affidavit stating that such parents or custodian could not be	23
located or were out of the state.	24
(4) The shelter care hearing may be continued for a reasonable time upon	25
request by the parent, custodian or counsel for the child.	26
(5) If, upon the completion of the shelter care hearing, it is shown	27
that:	28
(a) A petition has been filed; and	29
(b) There is reasonable cause to believe the child comes within the ju-	30
risdiction of the court under this chapter and either:	31
(i) The department made reasonable efforts to eliminate the need	32
for shelter care but the efforts were unsuccessful; or	33
(ii) The department made reasonable efforts to eliminate the need	34
for shelter care but was not able to safely provide preventive ser-	35
vices; and	36
(c) The child could not be placed in the temporary sole custody of a par-	37
ent having joint legal or physical custody; and	38
(d) It is contrary to the welfare of the child to remain in the home; and	39
(e) It is in the best interests of the child to remain in temporary shel-	40
ter care pending the conclusion of the adjudicatory hearing.	41
The court shall issue, within twenty-four (24) hours of such hearing, a shel-	42
ter care order placing the child in the temporary legal custody of the de-	43
partment or other authorized agency. Any evidence may be considered by the	44
court which is of the type which reasonable people may rely upon.	45
(6) Upon finding reasonable cause pursuant to subsection (5)(b) of this	46
section, the court shall order an adjudicatory hearing to be held as soon as	47
possible, but in no event later than thirty (30) days from the date the peti-	48

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tion was filed. In addition, the court shall inquire whether there is reason	1
to believe that the child is an Indian child.	2
(7) Upon entry of an order of shelter care, the court shall inquire:	3
(a) If the child is of school age, about the department's efforts to	4
keep the child in the school at which the child is currently enrolled of	5
origin; and	6
(b) If a sibling group was removed from their home, about the depart-	7
ment's efforts to place the siblings together, or if the department has	8
not placed or will not be placing the siblings together, about a plan	9
to ensure frequent visitation or ongoing interaction among the sib-	10
lings, unless visitation or ongoing interaction would be contrary to	11
the safety or well-being of one (1) or more of the siblings.	12
(8) If the court does not find that the child should be placed in or re-	13
main in shelter care under subsection (5) of this section, the child shall be	14
released.	15
(9) If the court does not find reasonable cause pursuant to subsection	16
(5)(b) of this section, the court shall dismiss the petition.	17
SECTION 3. That Section 16-1619, Idaho Code, be, and the same is hereby	18
amended to read as follows:	19
16-1619. ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDA-	20
TION. (1) When a petition has been filed, the court shall set an adjudicatory	21
hearing to be held no later than thirty (30) days after the filing of the	22
petition.	23
(2) A pretrial conference shall be held outside the presence of the	24
court within three (3) to five (5) days before the adjudicatory hearing.	25
Investigative reports required under section 16-1616, Idaho Code, shall be	26
delivered to the court with copies to each of the parents and other legal cus-	27
todians, guardian ad litem and attorney for the child prior to the pretrial	28
conference.	29
(3) At the adjudicatory hearing, parents or guardians with disabil-	30
ities shall have the right to introduce admissible evidence regarding how	31
use of adaptive equipment or supportive services may enable the parent or	32
guardian to carry out the responsibilities of parenting the child by ad-	33
dressing the reason for the removal of the child.	34
(4) If a preponderance of the evidence at the adjudicatory hearing	35
shows that the child comes within the court's jurisdiction under this chap-	36
ter upon the grounds set forth in section 16-1603, Idaho Code, the court	37
shall so decree and in its decree shall make a finding on the record of the	38
facts and conclusions of law upon which it exercises jurisdiction over the	39
child.	40
(5) Upon entering its decree, the court shall consider any information	41
relevant to the disposition of the child but in any event shall:	42
(a) Place the child under the protective supervision of the department	43
for an indeterminate period not to exceed the child's eighteenth birth-	44
day; or	45
(b) Vest legal custody in the department or other authorized agency	46
subject to residual parental rights and subject to full judicial re-	47
view by the court and, when contested by any party, judicial approval	48
of all matters relating to the custody of the child by the department	49

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or other authorized agency. If the department has placed the child in	1
a qualified residential treatment program, the court shall approve or	2
disapprove the placement within sixty (60) days of placement in accor-	3
dance with section 16-1619A, Idaho Code.	4
(6) If the court vests legal custody in the department or other autho-	5
rized agency, the court shall make detailed written findings based on facts	6
in the record that, in addition to the findings required in subsection (4) of	7
this section, continuation of residence in the home would be contrary to the	8
welfare of the child and that vesting legal custody with the department or	9
other authorized agency would be in the best interests of the child. In ad-	10
dition, the court shall make detailed written findings based on facts in the	11
record as to whether the department made reasonable efforts to prevent the	12
placement of the child in foster care, including findings, when appropriate,	13
that:	14
(a) Reasonable efforts were made but were not successful in eliminating	15
the need for foster care placement of the child;	16
(b) The department made reasonable efforts to prevent removal but was	17
not able to safely provide preventive services;	18
(c) Reasonable efforts to temporarily place the child with related per-	19
sons were made but were not successful; or	20
(d) Reasonable efforts to reunify the child with one (1) or both parents	21
were not required because aggravated circumstances were present. If	22
aggravated circumstances are found, a permanency hearing for the child	23
shall be held within thirty (30) days of the determination of aggravated	24
circumstances.	25
(7)(a) The court shall also inquire regarding:	26
(i) Whether there is reason to believe that the child is an Indian	27
child;	28
(ii) The efforts that have been made since the last hearing to de-	29
termine whether the child is an Indian child; and	30
(iii) The department's efforts to work with all tribes of which the	31
child may be a member to verify whether the child is a member or el-	32
igible for membership.	33
(b) In addition, if the court vests legal custody of the child in the	34
department or other authorized agency, the court shall inquire as to:	35
(i) If the child is of school age, the department's efforts to	36
keep the child in the school at which the child is currently en-	37
rolled of origin; and	38
(ii) If a sibling group was removed from the home, the depart-	39
ment's efforts to place the siblings together, or if the depart-	40
ment has not placed or will not be placing the siblings together,	41
about a plan to ensure frequent visitation or ongoing interac-	42
tion among the siblings, unless visitation or ongoing interaction	43
would be contrary to the safety or well-being of one (1) or more of	44
the siblings.	45
(c) If the court vests legal custody of the child in the department	46
or other authorized agency and the child is being treated with psy-	47
chotropic medication, these additional requirements shall apply:	48

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9
(i) The department shall report to the court the medications and	1
dosages prescribed for the child and the medical professional who	2
prescribed the medication; and	3
(ii) The court shall inquire about and may make any additional in-	4
quiry relevant to the use of psychotropic medications.	5
(8) A decree vesting legal custody in the department shall be binding	6
upon the department and may continue until the child's eighteenth birthday.	7
(9) A decree vesting legal custody in an authorized agency other than	8
the department shall be for a period of time not to exceed the child's eigh-	9
teenth birthday and on such other terms as the court shall state in its decree	10
to be in the best interests of the child and which the court finds to be ac-	11
ceptable to such authorized agency.	12
(10) If the court does not find that the child comes within the juris-	13
diction of this chapter pursuant to subsection (4) of this section, it shall	14
dismiss the petition.	15
(11) Where legal custody of a child is vested in the department, any	16
party or counsel for a child may, at or after the disposition phase of an	17
adjudicatory hearing, file and serve a written motion to contest matters	18
relating to the placement of the child by the department. The hearing must	19
be held no later than thirty (30) days from the date the motion was filed. If	20
the court approves the placement, the court shall enter an order denying the	21
motion. If the court does not approve the placement, the court shall enter	22
an order directing the department to identify and implement an alternative	23
placement in accordance with applicable law. The court shall consider ev-	24
erything necessary or proper in the best interests of the children. The	25
court shall consider all relevant factors, which may include:	26
(a) The wishes of the child regarding the child's custodian;	27
(b) The wishes of the child's parent or parents regarding the child's	28
custody, if appropriate;	29
(c) The interaction and interrelationship of the child with his parent	30
or parents or foster parent or foster parents, and the child's siblings;	31
(d) The child's adjustment to his home, school and community;	32
(e) The character and circumstances of all individuals involved;	33
(f) The need to promote continuity and stability in the life of the	34
child; and	35
(g) A history of domestic violence as defined in section 39-6303, Idaho	36
Code, whether or not in the presence of the child, or a conviction for	37
lewd and lascivious conduct or felony injury to a child.	38
SECTION 4. That Section 16-1620, Idaho Code, be, and the same is hereby	39
amended to read as follows:	40
16-1620. FINDING OF AGGRAVATED CIRCUMSTANCES -- PERMANENCY PLAN --	41
HEARING. (1) After a judicial determination that reasonable efforts to re-	42
turn the child to his home are not required because aggravated circumstances	43
were found to be present, the court shall hold a permanency hearing within	44
thirty (30) days after the finding and every twelve (12) months thereafter	45
for as long as the court has jurisdiction. The department shall prepare a	46
permanency plan and file the permanency plan with the court at least five (5)	47
days prior to the permanency hearing. If the permanency plan has a goal of	48
termination of parental rights and adoption, the department shall file the	49

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petition to terminate as required in section 16-1624(2), Idaho Code. Copies	1
of the permanency plan shall be delivered to the parents and other legal	2
guardians, prosecuting attorney or deputy attorney general, the guardian ad	3
litem and attorney for the child.	4
(2) The permanency plan shall have a permanency goal of termination of	5
parental rights and adoption, guardianship or, for youth age sixteen (16)	6
years and older only, another planned permanent living arrangement and shall	7
set forth the reasonable efforts necessary to finalize the permanency goal.	8
(3) The permanency plan shall also:	9
(a) Identify the services to be provided to the child, including ser-	10
vices to identify and meet any educational, emotional, physical or de-	11
velopmental needs the child may have, to assist the child in adjusting	12
to the placement or to ensure the stability of the placement;	13
(b) Address all options for permanent placement of the child, including	14
consideration of options for in-state and out-of-state placement of the	15
child;	16
(c) Address the advantages and disadvantages of each option and include	17
a recommendation as to which option is in the child's best interests;	18
(d) Specifically identify the actions necessary to implement the rec-	19
ommended option;	20
(e) Specifically set forth a schedule for accomplishing the actions	21
necessary to implement the permanency goal;	22
(f) Address the options for maintaining the child's connection to the	23
community, including individuals with a significant relationship to	24
the child, and organizations or community activities with which the	25
child has a significant connection. This shall also include the efforts	26
made to ensure educational stability for the child, the efforts to keep	27
the child in the school in which the child is enrolled at the time of	28
placement of origin, or the reasons why remaining in that school is not	29
in the best interests of the child;	30
(g) Document that siblings were placed together or, if siblings were	31
not placed together, document the efforts made to place siblings to-	32
gether, the reasons why siblings were not placed together, and a plan	33
for ensuring frequent visitation or ongoing interaction between the	34
siblings, unless visitation or ongoing interaction would be contrary to	35
the safety or well-being of one (1) or more of the siblings;	36
(h) For youth age fourteen (14) years and older:	37
(i) Identify the services needed to assist the youth to make the	38
transition from foster care to successful adulthood; and	39
(ii) Document the youth's rights in regard to education, health,	40
visitation, court participation and receipt of an annual credit	41
report, including a signed acknowledgment by the department that	42
the youth was provided with a written copy of these rights and that	43
the rights were explained to the youth in an age-appropriate or de-	44
velopmentally appropriate manner;	45
(i) For youth age sixteen (16) years and older with a proposed perma-	46
nency goal of another planned permanent living arrangement, document:	47
(i) The intensive, ongoing, and, as of the date of the hearing,	48
unsuccessful efforts made to place the youth with a parent, in an	49
adoptive placement, in a guardianship, or in the legal custody of	50

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11
the department in a placement with a fit and willing relative, in-	1
cluding an adult sibling;	2
(ii) Why another planned permanent living arrangement is the best	3
permanency plan for the youth and compelling reasons why, as of	4
the date of the permanency hearing, it would not be in the best in-	5
terests of the youth to be placed permanently with a parent, in an	6
adoptive placement, in a guardianship, or in the legal custody of	7
the department in a placement with a fit and willing relative, in-	8
cluding an adult sibling;	9
(iii) The steps that the department has taken to ensure that the	10
youth's foster parents or child care institution are following the	11
reasonable and prudent parent standard when determining whether	12
to allow the youth in their care to participate in extracurricu-	13
lar, enrichment, cultural and social activities; and	14
(iv) The opportunities provided to the youth to engage in age-ap-	15
propriate or developmentally appropriate activities;	16
(j) If there is reason to believe the child is an Indian child and there	17
has been no final determination as to the child's status as an Indian	18
child, document:	19
(i) The efforts made to determine whether the child is an Indian	20
child; and	21
(ii) The department's efforts to work with all tribes of which the	22
child may be a member to verify whether the child is a member or el-	23
igible for membership; and	24
(k) Identify the prospective adoptive parents, if known; if the	25
prospective adoptive parents are not known, the department shall amend	26
the plan to name the proposed adoptive parents as soon as such persons	27
become known.	28
(4) The court shall hold a permanency hearing to determine whether the	29
best interests of the child are served by adopting, rejecting or modifying	30
the permanency plan proposed by the department. At each permanency hearing:	31
(a) For youth age twelve (12) years and older, unless good cause is	32
shown, the court shall ask the youth about his desired permanency out-	33
come and consult with the youth about his current permanency plan;	34
(b) If there is reason to believe that the child is an Indian child and	35
there has not been a final determination regarding the child's status as	36
an Indian child, the court shall:	37
(i) Inquire about the efforts that have been made since the last	38
hearing to determine whether the child is an Indian child; and	39
(ii) Determine that the department is using active efforts to work	40
with all tribes of which the child may be a member to verify whether	41
the child is a member or eligible for membership;	42
(c) If the child is being treated with psychotropic medication, these	43
additional requirements shall apply:	44
(i) The department shall report to the court the medication and	45
dosage prescribed for the child and the medical professional who	46
prescribed the medication; and	47
(ii) The court shall inquire as to, and may make any additional	48
inquiry relevant to, the use of psychotropic medication; and	49

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12
(d) If a child is in the legal custody of the department and the court	1
has approved placement of the child in a qualified residential treat-	2
ment program, then at each hearing pursuant to this section and each	3
hearing held pursuant to section 16-1622, Idaho Code, the department	4
shall document:	5
(i) That ongoing assessment of the strengths and needs of the	6
child continues to support the determination that the needs of	7
the child cannot be met through placement in a foster family home,	8
that the placement in a qualified residential treatment program	9
provides the most effective and appropriate level of care for the	10
child that is in the least restrictive environment, and that the	11
placement is consistent with the short- and long-term goals for	12
the child, as specified in the permanency plan for the child;	13
(ii) The specific treatment or service needs that will be met for	14
the child in the placement and the length of time the child is ex-	15
pected to need the treatment or services; and	16
(iii) The efforts made by the department to prepare the child to	17
return home or to be placed with a fit and willing relative, with	18
a legal guardian, with an adoptive parent, or in a foster family	19
home.	20
(5) Notice of the permanency hearing shall be provided to the parents	21
and other legal guardians, prosecuting attorney or deputy attorney general,	22
guardian ad litem, attorney for the child, the department and foster par-	23
ents; provided however, that foster parents are not thereby made parties to	24
the child protective act action.	25
(6) The permanency plan as approved by the court shall be entered into	26
the record as an order of the court. The order may include interim and fi-	27
nal deadlines for implementing the permanency plan and finalizing the perma-	28
nency goal.	29
(7) For youth with a proposed or current permanency goal of another	30
planned permanent living arrangement, at each permanency hearing the court	31
shall make written, case-specific findings that as of the date of the perma-	32
nency hearing another planned permanent living arrangement is the best per-	33
manency plan for the youth and that there are compelling reasons why it is not	34
in the youth's best interests to be placed permanently with a parent, in an	35
adoptive placement, in a guardianship, or in the legal custody of the depart-	36
ment in a placement with a fit and willing relative, including an adult sib-	37
ling.	38
(8) The court may authorize the department to suspend further efforts	39
to reunify the child with the child's parent, pending further order of the	40
court, when a petition or other motion is filed in a child protection pro-	41
ceeding seeking a determination of the court that aggravated circumstances	42
were present.	43
SECTION 5. That Section 16-1621, Idaho Code, be, and the same is hereby	44
amended to read as follows:	45
16-1621. CASE PLAN HEARING -- NO FINDING OF AGGRAVATED CIRCUM-	46
STANCES. (1) In every case in which the child is determined to be within	47
the jurisdiction of the court and there is no judicial determination that	48
aggravated circumstances were present, the department shall prepare a writ-	49

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13
ten case plan, including cases in which the parent(s) is incarcerated. The	1
court shall schedule a case plan hearing to be held within thirty (30) days	2
after the adjudicatory hearing. The case plan shall be filed with the court	3
no later than five (5) days prior to the case plan hearing. Copies of the	4
case plan shall be delivered to the parents and other legal guardians, the	5
prosecuting attorney or deputy attorney general, the guardian ad litem and	6
attorney for the child.	7
(a) The court shall hold a case plan hearing to determine whether the	8
best interests of the child are served by adopting, rejecting or modify-	9
ing the case plan proposed by the department.	10
(b) If there is reason to believe that the child is an Indian child and	11
there has not been a final determination regarding the child's status as	12
an Indian child, the court shall:	13
(i) Inquire about the efforts that have been made since the last	14
hearing to determine whether the child is an Indian child; and	15
(ii) Determine that the department is using active efforts to work	16
with all tribes of which the child may be a member to verify whether	17
the child is a member or eligible for membership.	18
(c) If the child is being treated with psychotropic medication, the	19
court shall inquire as to, and may make any additional inquiry relevant	20
to, the use of psychotropic medication.	21
(2) Notice of the case plan hearing shall be provided to the parents and	22
other legal guardians, the prosecuting attorney or deputy attorney general,	23
guardian ad litem, attorney for the child, the department, and foster par-	24
ents. Although foster parents are provided notice of this hearing, they are	25
not parties to the child protective act action.	26
(3) If the child is placed in the legal custody of the department, the	27
case plan filed by the department shall set forth reasonable efforts that	28
will be made to make it possible for the child to return home. The case plan	29
shall also:	30
(a) Identify the services to be provided to the child, including ser-	31
vices to identify and meet any educational, emotional, physical or de-	32
velopmental needs the child may have, and to assist the child in adjust-	33
ing to the placement or to ensure the stability of the placement. For	34
youth age fourteen (14) years and older:	35
(i) Identify the services needed to assist the youth in making the	36
transition to successful adulthood; and	37
(ii) Document the youth's rights in regard to education and	38
health, visitation, court participation and receipt of an an-	39
nual credit report, including a signed acknowledgment by the	40
department that the youth was provided with a written copy of	41
these rights and that the rights were explained to the youth in an	42
age-appropriate or developmentally appropriate manner;	43
(b) Address the options for maintaining the child's connection to the	44
community:	45
(i) Include connections to individuals with a significant rela-	46
tionship to the child and organizations or community activities	47
with which the child has a significant connection;	48
(ii) Ensure educational stability for the child, including the	49
efforts to keep the child in the school in which the child is en-	50

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14
rolled at the time of placement of origin or the reasons why re-	1
maining in that school is not in the best interests of the child;	2
(iii) Include a visitation plan and identify the need for supervi-	3
sion of visitation and child support;	4
(iv) Either document that siblings were placed together or, if	5
siblings were not placed together, document the efforts made to	6
place the siblings together, the reasons why siblings were not	7
placed together and a plan for ensuring frequent visitation or	8
other ongoing interaction among siblings, unless visitation or	9
ongoing interaction would be contrary to the safety or well-being	10
of one (1) or more of the siblings; and	11
(v) If there is reason to believe the child is an Indian child and	12
there has been no final determination as to the child's status as	13
an Indian child, document:	14
1. The efforts made to determine whether the child is an In-	15
dian child; and	16
2. The department's efforts to work with all tribes of which	17
the child may be a member to verify whether the child is a	18
member or eligible for membership;	19
(c) Include a goal of reunification and a plan for achieving that	20
goal. The reunification plan shall identify all issues that need to	21
be addressed before the child can safely be returned home without de-	22
partment supervision. The court may specifically identify issues to	23
be addressed by the plan. The reunification plan shall specifically	24
identify the tasks to be completed by the department, each parent or	25
others to address each issue, including services to be made available	26
by the department to the parents and in which the parents are required	27
to participate, and deadlines for completion of each task. The case	28
plan shall state with specificity the role of the department toward each	29
parent. When appropriate, the reunification plan should identify terms	30
for visitation, supervision of visitation and child support;	31
(d) Include a concurrent permanency goal and a plan for achieving that	32
goal. The concurrent permanency goal may be one (1) of the following:	33
termination of parental rights and adoption, guardianship or, for youth	34
age sixteen (16) years or older only, another planned permanent living	35
arrangement. The concurrent plan shall:	36
(i) Address all options for permanent placement of the child,	37
including consideration of options for in-state and out-of-state	38
placement of the child;	39
(ii) Address the advantages and disadvantages of each option and	40
include a recommendation as to which option is in the child's best	41
interests;	42
(iii) Specifically identify the actions necessary to implement	43
the recommended option;	44
(iv) Specifically set forth a schedule for accomplishing the ac-	45
tions necessary to implement the concurrent permanency goal;	46
(v) Address options for maintaining the child's connection to	47
the community, including individuals with a significant relation-	48
ship to the child and organizations or community activities with	49
which the child has a significant connection;	50

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15
(vi) Identify the names of the proposed adoptive parents when	1
known if the permanency goal is termination of parental rights and	2
adoption;	3
(vii) In the case of a child who has attained the age of fourteen	4
(14) years, include the services needed to assist the child to make	5
the transition from foster care to successful adulthood;	6
(viii) For youth with a proposed permanency goal of another perma-	7
nent planned living arrangement, document:	8
1. The intensive, ongoing and, as of the date of the hearing,	9
unsuccessful efforts made to place the youth with a parent	10
in an adoptive placement, in a guardianship, or in the legal	11
custody of the department in a placement with a fit and will-	12
ing relative, including an adult sibling;	13
2. Why another planned permanent living arrangement is the	14
best permanency goal for the youth and a compelling reason	15
why, as of the date of the case plan hearing, it would not be	16
in the best interests of the child to be placed permanently	17
with a parent, in an adoptive placement, in a guardianship,	18
or in the legal custody of the department in a placement with	19
a fit and willing relative, including an adult sibling;	20
3. The steps taken by the department to ensure that the	21
youth's foster parents or child care institution are follow-	22
ing the reasonable and prudent parent standard when making	23
decisions about whether the youth can engage in extracurric-	24
ular, enrichment, cultural and social activities; and	25
4. The opportunities provided to the youth to regularly en-	26
gage in age-appropriate or developmentally appropriate ac-	27
tivities; and	28
(ix) Identify further investigation necessary to identify or as-	29
sess other options for permanent placement, to identify actions	30
necessary to implement the recommended placement or to identify	31
options for maintaining the child's significant connections.	32
(4) If the child has been placed under protective supervision of the de-	33
partment, the case plan filed by the department shall:	34
(a) Identify the services to be provided to the child, including ser-	35
vices to identify and meet any educational, emotional, physical or	36
developmental needs the child may have, and to assist the child in ad-	37
justing to the placement or to ensure the stability of the placement.	38
For youth age fourteen (14) years and older, identify the services	39
needed to assist the youth in making the transition to successful adult-	40
hood and document the youth's rights in regard to education and health,	41
visitation, court participation and receipt of an annual credit report,	42
including a signed acknowledgment by the department that the youth was	43
provided with a written copy of the youth's rights and that the rights	44
were explained to the youth in an age-appropriate or developmentally	45
appropriate manner. The plan shall also address options for maintain-	46
ing the child's connection to the community, including individuals with	47
a significant relationship to the child and organizations or community	48
activities with which the child has a significant connection;	49

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16
(b) Identify all issues that need to be addressed to allow the child to	1
remain at home without department supervision. The court may specifi-	2
cally identify issues to be addressed by the plan. The case plan shall	3
specifically identify the tasks to be completed by the department, the	4
parents or others to address each issue, including services to be made	5
available by the department to the parents and in which the parents are	6
required to participate, and deadlines for completion of each task. The	7
plan shall state with specificity the role of the department toward each	8
parent.	9
(5) If the child is placed in a qualified residential treatment pro-	10
gram, then the case plan shall include the assessment report of the qualified	11
individual.	12
(6) The case plan, as approved by the court, shall be entered into the	13
record as an order of the court. The order may include interim and final	14
deadlines for implementing the case plan and finalizing the permanency goal.	15
The court's order shall provide that reasonable efforts shall be made to re-	16
unify the family in a timely manner in accordance with the case plan. Unless	17
the child has been placed under the protective supervision of the depart-	18
ment, the court's order shall also require the department to simultaneously	19
take steps to accomplish the goal of reunification and the concurrent perma-	20
nency goal.	21
SECTION 6. That Section 16-1622, Idaho Code, be, and the same is hereby	22
amended to read as follows:	23
16-1622. REVIEW HEARINGS -- STATUS HEARINGS -- ANNUAL PERMANENCY	24
HEARINGS. (1) Review hearing.	25
(a) A hearing for review of the child's case and permanency plan shall	26
be held no later than six (6) months after entry of the court's order	27
taking jurisdiction under this act and every two (2) months thereafter.	28
The department and the guardian ad litem shall file reports to the court	29
no later than five (5) days prior to the two (2) month review hearing.	30
The purpose of the review hearing is:	31
(i) To determine:	32
1. The safety of the child;	33
2. The continuing necessity for and appropriateness of the	34
placement;	35
3. The extent of compliance with the case plan; and	36
4. The extent of progress that has been made toward alle-	37
viating or mitigating the causes necessitating placement in	38
foster care;	39
(ii) To determine or continue to investigate whether the child is	40
an Indian child. If there is reason to believe that the child is an	41
Indian child and there has not been a final determination regard-	42
ing the child's status as an Indian child:	43
1. The department shall document and the court shall inquire	44
about the efforts that have been made since the last hearing	45
to determine whether the child is an Indian child; and	46
2. The department shall document and the court shall de-	47
termine that the department is using active efforts to work	48

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17
with all tribes of which the child may be a member to verify	1
whether the child is a member or eligible for membership;	2
(iii) To inquire regarding the child's educational stability. The	3
department shall document and the court shall inquire as to the ef-	4
forts made to ensure educational stability for the child, includ-	5
ing the efforts made to keep the child in the school in which the	6
child is enrolled at the time of placement of origin or the reason	7
that remaining in the school is not in the child's best interests;	8
(iv) To inquire regarding sibling placement. The department	9
shall document and the court shall inquire whether siblings were	10
placed together or, if siblings were not placed together, the	11
efforts made to place siblings together, the reasons why sib-	12
lings were not placed together, and a plan for ensuring frequent	13
visitation or ongoing interaction between the siblings, unless	14
visitation or ongoing interaction would be contrary to the safety	15
or well-being of one (1) or more of the siblings;	16
(v) To inquire regarding permanency. The court shall ask each	17
youth age twelve (12) years and older about his desired permanency	18
outcome and discuss with the youth his current permanency plan.	19
For a youth age fourteen (14) years and older, the hearing shall	20
include a review of the services needed to assist the youth to make	21
the transition from foster care to successful adulthood;	22
(vi) To document efforts related to the reasonable and prudent	23
parent standard. For a youth whose permanency goal is another	24
planned permanent living arrangement, the department shall docu-	25
ment:	26
1. That the youth's foster parents or child care institution	27
is following the reasonable and prudent parent standard when	28
deciding whether the child may participate in extracurricu-	29
lar, enrichment, cultural and social activities; and	30
2. The regular, ongoing opportunities to engage in age- or	31
developmentally appropriate activities that have been pro-	32
vided to the youth;	33
(vii) To document efforts made to find a permanent placement other	34
than another planned permanent living arrangement. For a youth	35
whose permanency goal is another planned permanent living ar-	36
rangement, the department shall document:	37
1. The intensive, ongoing, and, as of the date of the hear-	38
ing, unsuccessful efforts made to place the youth with a par-	39
ent, in an adoptive placement, in a guardianship, or in the	40
legal custody of the department in a placement with a fit and	41
willing relative, including an adult sibling; and	42
2. Why another planned permanent living arrangement is the	43
best permanency plan for the youth and a compelling reason	44
why, as of the date of the review hearing, it would not be in	45
the best interest of the child to be placed permanently with	46
a parent, in an adoptive placement, in a guardianship, or in	47
the legal custody of the department in a placement with a fit	48
and willing relative, including an adult sibling;	49

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18
(viii) To make findings regarding a permanency goal of another	1
planned permanent living arrangement. For youth whose permanency	2
goal is another planned permanent living arrangement, the court	3
shall make written, case-specific findings, as of the date of the	4
hearing, that:	5
1. Another planned permanent living arrangement is the best	6
permanency goal for the youth; and	7
2. There are compelling reasons why it is not in the best in-	8
terest of the youth to be placed permanently with a parent,	9
in an adoptive placement, in a guardianship, or in the legal	10
custody of the department in a placement with a fit and will-	11
ing relative, including an adult sibling;	12
(ix) To document and inquire regarding psychotropic medication.	13
At each review hearing, if the child is being treated with psy-	14
chotropic medication, these additional requirements shall apply:	15
1. The department shall report to the court the medication	16
and dosage prescribed for the child and the medical profes-	17
sional who prescribed the medication; and	18
2. The court shall inquire as to, and may make any additional	19
inquiry relevant to, the use of psychotropic medication; and	20
(x) To project, when reasonable, a likely date by which the child	21
may be safely returned to and maintained in the home or placed in	22
another permanent placement.	23
(b) A status hearing is a review hearing that does not address all or	24
most of the purposes identified in paragraph (a) of this subsection and	25
may be held at the discretion of the court. Neither the department nor	26
the guardian ad litem is required to file a report with the court prior	27
to a status hearing, unless ordered otherwise by the court.	28
(c) A motion for revocation or modification of an order issued un-	29
der section 16-1619, Idaho Code, may be filed by the department or any	30
party; provided that no motion may be filed by the respondents under	31
this section within three (3) months of a prior hearing on care and	32
placement of the child. Notice of a motion for review of a child's case	33
shall be provided to the parents and other legal guardians, the prose-	34
cuting attorney or deputy attorney general, the guardian ad litem, the	35
attorney for the child, the department and foster parents.	36
(d) If the motion filed under paragraph (c) of this subsection alleges	37
that the child's best interests are no longer served by carrying out the	38
order issued under section 16-1619, Idaho Code, or that the department	39
or other authorized agency has failed to provide adequate care for the	40
child, the court shall hold a hearing on the motion.	41
(e) The department or authorized agency may move the court at any time	42
to vacate any order placing a child in its custody or under its protec-	43
tive supervision.	44
(2) Permanency plan and hearing.	45
(a) The permanency plan shall include a permanency goal. The per-	46
manency goal may be one (1) of the following: continued efforts at	47
reunification, in the absence of a judicial determination of aggra-	48
vated circumstances; or termination of parental rights and adoption,	49
guardianship or, for youth age sixteen (16) years and older only, an-	50

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19
other planned permanent living arrangement. Every permanency plan	1
shall include the information set forth in section 16-1621(3)(a) and	2
(b), Idaho Code. If the permanency plan has reunification as a per-	3
manency goal, the plan shall include information set forth in section	4
16-1621(3)(c), Idaho Code; however, if the circumstances that caused	5
the child to be placed into protective custody resulted in a conviction	6
for lewd and lascivious conduct or felony injury to a child, if the child	7
has been in protective custody for more than six (6) months, or if a	8
high risk of repeat maltreatment or reentry into foster care exists due	9
to a parent's recent completion of substance abuse treatment or other	10
compelling circumstances, then the permanency plan shall include a	11
period of protective supervision or trial home visit period of no less	12
than ninety (90) days prior to the court vacating the case. During the	13
protective supervision or trial home visit period, the department shall	14
make regular home visits. During the protective supervision or trial	15
home visit period, the court shall hold one (1) or more review hearings	16
for each permanency plan where a period of protective supervision or a	17
trial home visit has been imposed and may require participation in sup-	18
portive services, including community home visiting and peer-to-peer	19
mentoring. Families reunified following a period of protective super-	20
vision or a trial home visit should be encouraged by the department or	21
the court to continue to participate in supportive services when ben-	22
eficial and appropriate. If the permanency plan has a permanency goal	23
other than reunification, the plan shall include the information set	24
forth in section 16-1621(3)(d), Idaho Code, and if the permanency goal	25
is termination of parental rights and adoption, then in addition to the	26
information set forth in section 16-1620(3), Idaho Code, the permanency	27
plan shall also name the proposed adoptive parents when known. If the	28
adoptive parents are not known at the time the permanency plan is pre-	29
pared, then the department shall amend the plan to name the proposed	30
adoptive parents as soon as such person or persons become known. The	31
court may approve a permanency plan that includes a primary goal and a	32
concurrent goal. As used in this paragraph, "trial home visit" means	33
that a child is returned to the care of the parent or guardian from whom	34
the child was removed with the department continuing to have legal cus-	35
tody of the child.	36
(b) A permanency hearing shall be held no later than twelve (12) months	37
from the date the child is removed from the home or the date of the	38
court's order taking jurisdiction under this chapter, whichever occurs	39
first, and at least every twelve (12) months thereafter, as long as the	40
court has jurisdiction over the child. The court shall approve, reject	41
or modify the permanency plan of the department and review progress in	42
accomplishing the permanency goal. The permanency plan, as approved by	43
the court, shall be entered into the record as an order of the court. A	44
permanency hearing may be held at any time and may be combined with the	45
review hearing required under subsection (1) of this section.	46
(c) The court shall make written, case-specific findings whether the	47
department made reasonable efforts to finalize the primary permanency	48
goal in effect for the child. Lack of reasonable efforts to reunify may	49

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20
be a basis for an order approving a permanency plan with a permanency	1
goal of reunification.	2
(d) Where the permanency goal is not reunification, the hearing shall	3
include a review of the department's consideration of options for	4
in-state and out-of-state placement of the child. In the case of a	5
child in an out-of-state placement, the court shall determine whether	6
the out-of-state placement continues to be appropriate and in the best	7
interest of the child.	8
(e) The court shall ask each youth age twelve (12) years and older about	9
his desired permanency outcome and discuss with the youth his current	10
permanency plan. In the case of a child who has attained the age of four-	11
teen (14) years and older, the hearing shall include a determination of	12
the services needed to assist the youth to make the transition from fos-	13
ter care to successful adulthood.	14
(f) The court may approve a primary permanency goal of another planned	15
permanent living arrangement only for youth age sixteen (16) years or	16
older and only upon written, case-specific findings that, as of the date	17
of the hearing:	18
(i) Another planned permanent living arrangement is the best per-	19
manency goal for the youth; and	20
(ii) There are compelling reasons why it is not in the best inter-	21
est of the youth to be placed permanently with a parent, in an adop-	22
tive placement, in a guardianship, or in the legal custody of the	23
department in a placement with a fit and willing relative, includ-	24
ing an adult sibling.	25
(g) If the child has been in the temporary or legal custody of the de-	26
partment for twelve (12) of the most recent twenty-two (22) months, the	27
department shall file, prior to the last day of the fifteenth month, a	28
petition to terminate parental rights, unless the court finds that:	29
(i) The child is placed permanently with a relative;	30
(ii) There are compelling reasons why termination of parental	31
rights is not in the best interests of the child; or	32
(iii) The department has failed to provide reasonable efforts to	33
reunify the child with his family.	34
(h) The department shall document and the court shall inquire:	35
(i) As to the efforts made to ensure educational stability for the	36
child, including the efforts made to keep the child in the school	37
in which the child is enrolled at the time of placement of origin or	38
that remaining in the school is not in the child's best interests;	39
and	40
(ii) That siblings were placed together or, if siblings were not	41
placed together, the efforts made to place siblings together, the	42
reasons why siblings were not placed together or why a joint place-	43
ment would be contrary to the safety or well-being of one (1) or	44
more of the siblings and a plan for ensuring frequent visitation or	45
ongoing interaction among siblings, unless visitation or ongoing	46
interaction would be contrary to the safety or well-being of one	47
(1) or more of the siblings.	48

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(i) If there is reason to believe that the child is an Indian child and	1
there has not been a final determination regarding the child's status as	2
an Indian child, the department shall document and the court shall:	3
(i) Inquire about the efforts that have been made since the last	4
hearing to determine whether the child is an Indian child; and	5
(ii) Determine that the department has made active efforts to work	6
with all tribes of which the child may be a member to verify whether	7
the child is a member or eligible for membership.	8
(j) At each permanency hearing, if the child is being treated with psy-	9
chotropic medication, these additional requirements shall apply:	10
(i) The department shall report to the court the medication and	11
dosage prescribed for the child and the medical professional who	12
prescribed the medication; and	13
(ii) The court shall inquire as to, and may make any additional	14
inquiry relevant to, the use of psychotropic medication.	15
(k) The court may authorize the department to suspend further efforts	16
to reunify the child with the child's parent, pending further order of	17
the court, when a permanency plan is approved by the court and the perma-	18
nency plan does not include a permanency goal of reunification.	19
(3) If a youth is in the legal custody of the department or other autho-	20
rized agency and is within ninety (90) days of his eighteenth birthday, the	21
department shall file a report with the court that includes the department's	22
transition plan for the youth. The court shall have a review or permanency	23
hearing at which the court shall:	24
(a) Discuss with the youth his or her transition plan; and	25
(b) Review the transition plan with the youth for purposes of ensur-	26
ing that the plan provides the services necessary to allow the youth to	27
transition to a successful adulthood.	28
(4) If a child is in the legal custody of the department and the court	29
has approved placement of the child in a qualified residential treatment	30
program, then at each review hearing pursuant to subsection (1)(a) of this	31
section and at each permanency hearing pursuant to subsection (2)(b) of this	32
section the department shall document:	33
(a) That ongoing assessment of the strengths and needs of the child con-	34
tinues to support the determination that the needs of the child cannot	35
be met through placement in a foster family home, that the placement in	36
a qualified residential treatment program provides the most effective	37
and appropriate level of care for the child that is in the least restric-	38
tive environment, and that the placement is consistent with the short-	39
term and long-term goals for the child, as specified in the permanency	40
plan for the child;	41
(b) The specific treatment or service needs that will be met for the	42
child in the placement and the length of time the child is expected to	43
need the treatment or services; and	44
(c) The efforts made by the department to prepare the child to return	45
home or to be placed with a fit and willing relative, a legal guardian,	46
or an adoptive parent or in a foster family home.	47
(5) Notwithstanding any provision of law to the contrary, the court may	48
order extended foster care for a person between the ages of eighteen (18) and	49
twenty-three (23) years to help such person achieve a successful transition	50

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22
to adulthood, provided such person must have been in the custody of the de-	1
partment until his eighteenth birthday and must meet the criteria set forth	2
in 42 U.S.C. 675(8)(B)(iv). The extension shall be for a fixed period of time	3
and shall not extend past the person's twenty-third birthday.	4
SECTION 7. That Chapter 16, Title 16, Idaho Code, be, and the same is	5
hereby amended by the addition thereto of a NEW SECTION, to be known and des-	6
ignated as Section 16-1625A, Idaho Code, and to read as follows:	7
16-1625A. SCHOOL OF ORIGIN HEARINGS. (1) Whenever a child is removed	8
from the child's home by the department pursuant to this chapter, the de-	9
partment shall immediately determine if it is in the best interests of the	10
child to remain in the school of origin. There shall be a presumption that	11
the school of origin is in the child's best interests. Parents have a right	12
to choose the form of education for their children.	13
(a) The department shall provide formal written notice of its deter-	14
mination to the parties, including the child, parent, guardian, and	15
guardian ad litem, no later than three (3) business days after the date	16
on which the determination is made. The written notice shall include	17
the factors that form the basis of the department's decision. Proof of	18
service of such notice shall be filed with the court.	19
(b) Any party may object to the department's determination no later	20
than fourteen (14) days after receipt of such notice by filing the ob-	21
jection with the court.	22
(c) The child shall remain in the school of origin until the time for ob-	23
jection has passed and until any dispute is resolved, except as provided	24
in subsection (5) of this section.	25
(d) The department shall bear the burden of proof that the school place-	26
ment decision is in the child's best interests and, if the child is moved	27
from the school of origin, why the department cannot make reasonable ac-	28
commodations to keep the child in the school of origin.	29
(2) The court, on its own accord or upon a formal objection from a party,	30
shall hold an evidentiary hearing, at which:	31
(a) The parent or guardian or guardian ad litem of the child may present	32
evidence regarding how the child remaining in the school of origin is in	33
the best interests of the child;	34
(b) The child may provide testimony regarding whether the child be-	35
lieves remaining in the school of origin is in the best interests of the	36
child; and	37
(c) The department may present evidence regarding how placement in a	38
school other than the school of origin is in the best interests of the	39
child.	40
(3) At the conclusion of a hearing held pursuant to subsection (2) of	41
this section, the court shall make a best interests determination regarding	42
the school placement of the child and may order that the child remain in the	43
child's school of origin or be moved from the child's school of origin.	44
(4) A hearing requested pursuant to subsection (2) of this section	45
shall be held within fourteen (14) days of the date of such request.	46
(5) The provisions of this section shall not apply to a child who has	47
been found to be without proper education due to a failure to comply with sec-	48
tion 33-202, Idaho Code.	49

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(6) If at any time the department or the court determines that contin-	1
ued placement in the school of origin will jeopardize the child's immediate	2
physical safety, the department may immediately remove the child from the	3
school and shall notify the child's attorney, parents, and guardian ad litem	4
on the same business day. Any party may object to the decision to change the	5
child's school placement no later than fourteen (14) days after receipt of	6
such notice. If any party objects to the change in school placement, a hear-	7
ing shall be held pursuant to subsection (2) of this section.	8
SECTION 8. An emergency existing therefor, which emergency is hereby	9
declared to exist, this act shall be in full force and effect on and after	10
July 1, 2026.	11

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