2005 Idaho Code - 16-1631 — AUTHORIZATION FOR DEPARTMENT TO ACT

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1631.  AUTHORIZATION FOR DEPARTMENT TO ACT. (1) Upon receiving
information that a child may be abused, neglected or abandoned, the department
shall cause such investigation to be made in accordance with this chapter as
is appropriate. In making the investigation the department shall use its own
resources, and may enlist the cooperation of peace officers for phases of the
investigation for which they are better equipped. Upon satisfying itself as to
the course of action which should be pursued to best accord with the purpose
of this chapter, the department shall:
    (a)  Resolve the matter in such informal fashion as is appropriate under
    the circumstances; or
    (b)  Seek to enter a voluntary agreement with all concerned persons to
    resolve the problem in such a manner that the child will remain in his own
    home; or
    (c)  Refer the matter to the prosecutor or attorney general with
    recommendation that appropriate action be taken under this chapter; or
    (d)  Refer the matter to the prosecutor or attorney general with
    recommendation that appropriate action be taken under other laws.
    (2)  In the event that the department concludes that a voluntary agreement
pursuant to subsection (1)(b) of this section should be used, the agreement
shall be in writing, shall state the behavioral basis of each parent and
necessary third person, shall contain such other terms as the department and
each parent having joint custody shall deem appropriate under the
circumstances, shall utilize such resources as are available to the department
from any source and are considered appropriate to the situation, shall specify
the services or treatment to be undertaken, shall be signed by all persons,
including:
    (a)  The child if appropriate;
    (b)  Every parent having joint custody of the subject child;
    (c)  Any other full or part-time resident of the home;
    (d)  All other persons the department considers necessary to the
    agreement's success;
and shall specify the responsibilities of each party to the agreement, which
responsibilities shall be thoroughly explained to each person orally. The
agreement shall not run for more than one (1) year. Copies shall be given to
all signatories.

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