2005 Idaho Code - 16-1602 — DEFINITIONS

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1602.  DEFINITIONS. For purposes of this chapter:
    (1)  "Abused" means any case in which a child has been the victim of:
    (a)  Conduct or omission resulting in skin bruising, bleeding,
    malnutrition, burns, fracture of any bone, subdural hematoma, soft tissue
    swelling, failure to thrive or death, and such condition or death is not
    justifiably explained, or where the history given concerning such
    condition or death is at variance with the degree or type of such
    condition or death, or the circumstances indicate that such condition or
    death may not be the product of an accidental occurrence; or
    (b)  Sexual conduct, including rape, molestation, incest, prostitution,
    obscene or pornographic photographing, filming or depiction for commercial
    purposes, or other similar forms of sexual exploitation harming or
    threatening the child's health or welfare or mental injury to the child.
    (2)  "Abandoned" means the failure of the parent to maintain a normal
parental relationship with his child including, but not limited to, reasonable
support or regular personal contact. Failure to maintain this relationship
without just cause for a period of one (1) year shall constitute prima facie
evidence of abandonment.
    (3)  "Adaptive equipment" means any piece of equipment or any item that is
used to increase, maintain or improve the parenting capabilities of a parent
with a disability.
    (4)  "Adjudicatory hearing" means a hearing to determine:
    (a)  Whether the child comes under the jurisdiction of the court pursuant
    to the provisions of this chapter;
    (b)  Whether continuation of the child in the home would be contrary to
    the child's welfare and whether the best interests of the child require
    protective supervision or vesting legal custody of the child in an
    authorized agency;
    (c)  Whether aggravated circumstances as defined in section 16-1619, Idaho
    Code, exist.
    (5)  "Authorized agency" means the department, a local agency, a person,
an organization, corporation, benevolent society or association licensed or
approved by the department or the court to receive children for control, care,
maintenance or placement.
    (6)  "Case plan hearing" means a hearing to:
    (a)  Review, approve, modify or reject the case plan; and
    (b)  Review reasonable efforts being made to rehabilitate the family; and
    (c)  Review reasonable efforts being made to reunify the children with a
    parent or guardian.
    (7)  "Child" means an individual who is under the age of eighteen (18)
    (8)  "Child advocate coordinator" means a person or entity receiving
moneys from the grant administrator for the purpose of carrying out any of the
duties as set forth in section 16-1632, Idaho Code.
    (9)  "Circumstances of the child" includes, but is not limited to, the
joint legal custody or joint physical custody of the child.
    (10) "Commit" means to transfer legal and physical custody.
    (11) "Concurrent planning" means a planning model that prepares for and
implements different outcomes at the same time.
    (12) "Court" means district court or magistrate's division thereof, or if
the context requires, a magistrate or judge thereof.
    (13) "Custodian" means a person, other than a parent or legal guardian, to
whom legal or joint legal custody of the child has been given by court order.
    (14) "Department" means the department of health and welfare and its
authorized representatives.
    (15) "Disability" means, with respect to an individual, any mental or
physical impairment which substantially limits one (1) or more major life
activity of the individual including, but not limited to, self-care, manual
tasks, walking, seeing, hearing, speaking, learning or working, or a record of
such an impairment, or being regarded as having such an impairment. Disability
shall not include transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, other sexual behavior disorders, or substance use disorders,
compulsive gambling, kleptomania or pyromania. Sexual preference or
orientation is not considered an impairment or disability. Whether an
impairment substantially limits a major life activity shall be determined
without consideration of the effect of corrective or mitigating measures used
to reduce the effects of the impairment.
    (16) "Family or household member" shall have the same meaning as in
section 39-6303(6), Idaho Code.
    (17) "Foster care" means twenty-four (24) hour substitute care for
children placed away from their parents or guardians and for whom the state
agency has placement and care responsibility.
    (18) "Grant administrator" means any such organization or agency as may be
designated by the supreme court from time to time to administer funds from the
guardian ad litem account in accordance with the provisions of this chapter.
    (19) "Guardian ad litem" means a person appointed by the court pursuant to
a guardian ad litem volunteer program to act as special advocate for a child
under this chapter.
    (20) "Guardian ad litem program" means the program to recruit, train and
coordinate volunteer persons to serve as guardians ad litem for abused,
neglected or abandoned children.
    (21) "Homeless," as used in this chapter, shall mean that the child is
without adequate shelter or other living facilities, and the lack of such
shelter or other living facilities poses a threat to the health, safety or
well-being of the child.
    (22) "Law enforcement agency" means a city police department, the
prosecuting attorney of any county, state law enforcement officers, or the
office of a sheriff of any county.
    (23) "Legal custody" means a relationship created by court order, which
vests in a custodian the following rights and responsibilities:
    (a)  To have physical custody and control of the child, and to determine
    where and with whom the child shall live.
    (b)  To supply the child with food, clothing, shelter and incidental
    (c)  To provide the child with care, education and discipline.
    (d)  To authorize ordinary medical, dental, psychiatric, psychological, or
    other remedial care and treatment for the child, including care and
    treatment in a facility with a program of services for children; and to
    authorize surgery if the surgery is deemed by two (2) physicians licensed
    to practice in this state to be necessary for the child.
    (e)  Where the parents share legal custody, the custodian may be vested
    with the custody previously held by either or both parents.
    (24) "Mental injury" means a substantial impairment in the intellectual or
psychological ability of a child to function within a normal range of
performance and/or behavior, for short or long terms.
    (25) "Neglected" means a child:
    (a)  Who is without proper parental care and control, or subsistence,
    education, medical or other care or control necessary for his well-being
    because of the conduct or omission of his parents, guardian or other
    custodian or their neglect or refusal to provide them; provided, however,
    no child whose parent or guardian chooses for such child treatment by
    prayers through spiritual means alone in lieu of medical treatment, shall
    be deemed for that reason alone to be neglected or lack parental care
    necessary for his health and well-being, but further provided this
    subsection shall not prevent the court from acting pursuant to section
    16-1627, Idaho Code; or
    (b)  Whose parents, guardian or other custodian are unable to discharge
    their responsibilities to and for the child and, as a result of such
    inability, the child lacks the parental care necessary for his health,
    safety or well-being; or
    (c)  Who has been placed for care or adoption in violation of law.
    (26) "Permanency hearing" means a hearing to review, approve, reject or
modify the permanency plan of the department, and review reasonable efforts in
accomplishing the permanency plan.
    (27) "Permanency plan" means a plan for a continuous residence and
maintenance of nurturing relationships during the child's minority.
    (28) "Protective order" means an order created by the court granting
relief as delineated in section 39-6306, Idaho Code, and shall be for a period
not to exceed three (3) months unless otherwise stated herein. Failure to
comply with the order shall be a misdemeanor.
    (29) "Protective supervision" means a legal status created by court order
in neglect and abuse cases whereby the child is permitted to remain in his
home under supervision by the department.
    (30) "Residual parental rights and responsibilities" means those rights
and responsibilities remaining with the parents after the transfer of legal
custody including, but not necessarily limited to, the right of visitation,
the right to consent to adoption, the right to determine religious
affiliation, the right to family counseling when beneficial, and the
responsibility for support.
    (31) "Shelter care" means places designated by the department for
temporary care of children pending court disposition or placement.
    (32) "Supportive services," as used in this chapter, shall mean services
which assist parents with a disability to compensate for those aspects of
their disability which affect their ability to care for their child and which
will enable them to discharge their parental responsibilities. The term
includes specialized or adapted training, evaluations or assistance with
effectively using adaptive equipment and accommodations which allow parents
with a disability to benefit from other services including, but not limited
to, Braille texts or sign language interpreters.

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