2005 Idaho Code - 16-1610 — PETITION

                                  TITLE  16
                             JUVENILE PROCEEDINGS
                                  CHAPTER 16
                             CHILD PROTECTIVE ACT
    16-1610.  PETITION. (1) A petition invoking the jurisdiction of the court
under this chapter shall be filed in the manner provided in this section:
    (a)  A petition must be signed by the prosecutor or deputy attorney
    general before being filed with the court.
    (b)  Any person or governmental body of this state having evidence of
    abuse, abandonment, neglect or homelessness of a child may request the
    attorney general or prosecuting attorney to file a petition. The
    prosecuting attorney or the attorney general may file a petition on behalf
    of any child whose parent, guardian, or custodian has been accused in a
    criminal complaint of  the crime of cruel treatment or neglect as defined
    in section 18-1501, Idaho Code.
    (2)  Petitions shall be entitled "In the Matter of .............., a child
under the age of eighteen (18) years" and shall be verified and set forth with
specificity:
    (a)  The facts which bring the child within the jurisdiction of the court
    upon the grounds set forth in section 16-1603, Idaho Code, with the
    actions of each parent described therein;
    (b)  The name, birthdate, sex, and residence address of the child;
    (c)  The name, birthdate, sex, and residence address of all other children
    living at or having custodial visitation at the home where the injury to
    the subject child occurred;
    (d)  The names and residence addresses of both the mother and father,
    guardian or other custodian. If neither of his parents, guardian or other
    custodian resides or can be found within the state, or if their residence
    addresses are unknown, the name of any known adult relative residing
    within the state;
    (e)  The names and residence addresses of each person having sole or joint
    legal custody of the children described in this section;
    (f)  Whether or not there exists a legal document including, but not
    limited to, a divorce decree, stipulation or parenting agreement
    controlling the custodial status of the children described in this
    section;
    (g)  Whether the child is in shelter care, and, if so, the type and nature
    of the shelter care, the circumstances necessitating such care and the
    date and time he was placed in such care;
    (h)  When any of the facts required by this section cannot be determined,
    the petition shall so state. The petition may be based on information and
    belief but in such case the petition shall state the basis of such
    information and belief;
    (i)  If the child has been or will be removed from the home, the petition
    shall state that:
         (i)   Remaining in the home was contrary to the welfare of the child;
         and
         (ii)  Vesting legal custody of the child in the department or other
         authorized agency is in the best interests of the child; and
         (iii) Reasonable efforts have been made prior to the placement of the
         child in care to prevent the removal of the child from his home or,
         if such efforts were not provided, that reasonable efforts to prevent
         placement were not required as the parent subjected the child to
         aggravated circumstances;
    (j)  The petition shall state with specificity whether a parent with joint
    legal custody or a noncustodial parent has been notified of placement;
    (k)  The petition shall state whether a court has adjudicated the
    custodial rights of the parents and shall set forth the custodial status
    of the child;
    (l)  The court may combine petitions and hearings where multiple petitions
    have been filed involving related children, parents or guardians.