2005 Idaho Code - 39-8206 — CLAIM OF PARENTAL RIGHTS -- PROCEDURE

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 82
                             IDAHO SAFE HAVEN ACT
    39-8206.  CLAIM OF PARENTAL RIGHTS -- PROCEDURE. (1) A parent of the child
may make a claim of parental rights of an abandoned child, abandoned pursuant
to the provisions of this chapter, by filing a notice of claim of parental
rights with the vital statistics unit of the department of health and welfare.
The vital statistics unit of the department of health and welfare shall
maintain an abandoned child registry for this purpose which shall be subject
to disclosure according to chapter 3, title 9, Idaho Code. The department
shall provide forms for the purpose of filing a claim of parental rights, and
the forms shall be made available through the vital statistics unit of the
Idaho department of health and welfare and in the office of the county clerk
in every county of this state. Any parent claiming a parental right of an
abandoned child, abandoned pursuant to the provisions of this chapter, shall
file the form with the vital statistics unit of the department of health and
welfare. The form must be filled out completely and provide the name and
address for service of the person asserting the parental claim and set forth
the approximate date the child was left in a safe haven. The form must be
signed by the person claiming the parental right and be witnessed before a
notary public. The department shall record the date and time the claim of
parental rights is filed with the department. The claim shall be deemed to be
duly filed with the department as of the date and time recorded on the claim
by the department. To be valid, a claim of parental rights must be filed
before an order terminating parental rights is entered by the court. A parent
that fails to file a claim of parental rights prior to entry of an order
terminating their parental rights is deemed to have abandoned the child and
waived and surrendered any right in relation to the child, including the right
to notice of any judicial proceeding in connection with the termination of
parental rights or adoption of the child. Registration of notice of
commencement of paternity proceedings pursuant to chapter 15, title 16, Idaho
Code, shall not satisfy the requirements of this section.
    (2)  Prior to the time set for hearing on the petition to terminate
parental rights filed by the department of health and welfare, and prior to
entry of an order terminating parental rights by the court, the department of
health and welfare shall obtain and file with the court a certificate from the
vital statistics unit of the department of health and welfare, signed by the
state registrar of vital statistics, which certificate shall state that a
diligent search has been made of the registry of claims of parental rights of
abandoned children, abandoned pursuant to this  chapter, and shall set forth
the results of that search.
    (3)  If a claim of parental rights is made before an order terminating
parental rights is entered by the court, notice pursuant to section 16-2007,
Idaho Code, will be required and the court shall hold the action for
involuntary termination of parental rights in abeyance for a period of time
not to exceed sixty (60) days unless otherwise ordered by the court. During
that period:
    (a)  The court shall order genetic testing to establish maternity or
    paternity, at the expense of the person or persons claiming the parental
    right.
    (b)  The department of health and welfare shall conduct an investigation
    pursuant to section 16-2008, Idaho Code, and in those cases where a
    guardian ad litem has been appointed, the guardian ad litem shall have all
    rights, powers and duties as provided for in chapter 16, title 16, Idaho
    Code, and as provided for in chapter 20, title 16, Idaho Code.
    (c)  When indicated as a result of the investigation, a shelter care
    hearing shall be conducted by the court in accordance with section
    16-1615, Idaho Code, within forty-eight (48) hours, or at an earlier time
    if ordered by the court, to determine whether the child should remain in
    the physical custody of the department or be released to a parent or other
    third party.
    (d)  Further proceedings shall be conducted as the court determines
    appropriate. However, where a claim of parental rights is made before an
    order terminating parental rights is entered by the court, a parent shall
    not be found to have neglected or abandoned a child placed in accordance
    with this chapter solely because the child was left with a safe haven.
    (4)  If there is no showing that a parent has claimed a parental right to
the child, the department of health and welfare shall file with the court a
certificate from the vital statistics unit of the department of health and
welfare, signed by the state registrar of vital statistics, stating that a
diligent search has been made of the registry of parental claims for children
abandoned pursuant to the provisions of this chapter and that no parental
claim has been made. The certificate shall be filed with the court prior to
the entrance of the final order of termination of parental rights.