2005 Idaho Code - 16-1619 — ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1619.  ADJUDICATORY HEARING -- CONDUCT OF HEARING -- CONSOLIDATION. (1)
When a petition has been filed, the court shall set an adjudicatory hearing to
be held no later than thirty (30) days after the filing of the petition.
    (2)  A pretrial conference shall be held outside the presence of the court
within three (3) to five (5) days before the adjudicatory hearing.
Investigative reports required under section 16-1616, Idaho Code, shall be
delivered to the court with copies to each of the parents and other legal
custodians, guardian ad litem and attorney for the child prior to the date set
for the pretrial conference.
    (3)  At the adjudicatory hearing, parents or guardians with disabilities
shall have the right to introduce admissible evidence regarding how use of
adaptive equipment or supportive services may enable the parent or guardian to
carry out the responsibilities of parenting the child by addressing the reason
for the removal of the child.
    (4)  If a preponderance of the evidence at the adjudicatory hearing shows
that the child comes within the court's jurisdiction under this chapter upon
the grounds set forth in section 16-1603, Idaho Code, the court shall so
decree and in its decree shall make a finding on the record of the facts and
conclusions of law upon which it exercises jurisdiction over the child.
    (5)  Upon entering its decree the court shall consider any information
relevant to the disposition of the child but in any event shall:
    (a)  Place the child under protective supervision in his own home for an
    indeterminate period not to exceed the child's eighteenth birthday; or
    (b)  Vest legal custody in the department or other authorized agency
    subject to residual parental rights and subject to full judicial review by
    the court of all matters relating to the custody of the child by the
    department or other authorized agency.
    (6)  If the court vests legal custody in the department or other
authorized agency, the court shall make detailed written findings based on
facts in the record, that, in addition to the findings required in subsection
(4) of this section, continuation of residence in the home would be contrary
to the welfare of the child and that vesting legal custody with the department
or other authorized agency would be in the best interests of the child. In
addition the court shall make detailed written findings based on facts in the
record as to whether the department made reasonable efforts to prevent the
placement of the child in foster care, including findings, when appropriate,
that:
    (a)  Reasonable efforts were made but were not successful in eliminating
    the need for foster care placement of the child;
    (b)  Reasonable efforts were not made because of immediate danger to the
    child;
    (c)  Reasonable efforts to temporarily place the child with related
    persons were made but were not successful; or
    (d)  Reasonable efforts were not required as the parent had subjected the
    child to aggravated circumstances as determined by the court including,
    but not limited to: abandonment; torture; chronic abuse; sexual abuse;
    committed murder; committed voluntary manslaughter of another child; aided
    or abetted, attempted, conspired or solicited to commit such a murder or
    voluntary manslaughter; committed a battery that results in serious bodily
    injury to a child; or the parental rights of the parent to a sibling of
    the child have been terminated involuntarily and that as a result, a
    hearing to determine the permanent future plan for this child will be held
    within thirty (30) days of this determination.
    (7)  A decree vesting legal custody in the department shall be binding
upon the department and may continue until the child's eighteenth birthday.
The decree shall state that the department shall prepare a written case plan
within thirty (30) days of placement.
    (8)  A decree vesting legal custody in an authorized agency other than the
department shall be for a period of time not to exceed the child's eighteenth
birthday, and on such other terms as the court shall state in its decree to be
in the best interests of the child and which the court finds to be acceptable
to such authorized agency.
    (9)  In order to preserve the unity of the family system and to ensure the
best interests of the child whether issuing an order of protective supervision
or an order of legal custody, the court may consider extending or initiating a
protective order as part of the decree. The protective order shall be
determined as in the best interests of the child and upon a showing of
continuing danger to the child. The conditions and terms of the protective
order shall be clearly stated in the decree.
    (10) If the court does not find that the child comes within the
jurisdiction of this chapter pursuant to subsection (4) of this section it
shall dismiss the petition.